Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org AGENDA REGULAR MEETING Thursday, April 14, 2022 at 5:30 p.m. VIRTUAL VIA ZOOM The public may access and participate in the public meeting using one or more of the following methods: 1) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom; 2) Public comments may be made in advance by submitting written comment via publiccomment@crescentcity.org or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the Planning Commission and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting. ZOOM PHONE NUMBER: (253) 215-8782 WEBINAR ID: 817 9703 8833 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 I. CALL TO ORDER: ROLL CALL: II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). PLANNING COMMISSION AGENDA III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: Approve meeting minutes for the following dates: February 10, 2022 March 10, 2022 V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None VI. NEW BUSINESS VIA. Approve and Adopt Resolution No. PC2022-04, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361 VII. CONTINUING BUSINESS: None VIII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. VIII. ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday May 12, 2022 at 5:30 p.m. via Zoom. POSTED: April 11, 2022 By: Robin Patch City Clerk/Administrative Analyst PLANNING COMMISSION AGENDA  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org MINUTES REGULAR MEETING Thursday, February 10, 2022, at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Vice Chair Walp called the meeting to order at 5:34 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, and Vice-Chair Ray Walp Commissioner absent: Chairman John Wendt Staff present: City Manager Eric Wier, City Clerk/Administrative Analyst Robin Patch and Public Works Director Jon Olson II. PUBLIC COMMENT: There were no public comments. III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: None. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: V.A. AMENDMENT TO USE PERMIT (UP21-02) FOR UNCHARTED SHORES ACADEMY Staff recommends that the Planning Commission take the following actions: A) Open the public hearing. 1) Receive the Staff Report on the Conditional Use Permit application. 2) Receive public comments on the Conditional Use Permit application. B) Close the public hearing C) Adopt the Recommended Findings. D) Approve the Amendment to the Conditional Use Permit #CUP21-02 subject to the attached conditions of approval and (any additional conditions adopted by the Planning Commission at the public hearing). Vice Chair Walp opened the public hearing at 5:38 p.m. Director Olson reported to the amendment to the Use Permit for Unchartered Shores Academy for the proposed project to incorporate the existing ELC and a variety of new facilities, including classrooms for multiple grade levels, offices, a library, a gym, and site improvements. The project is planned to be constructed in three phases as funding becomes available. Phase 1 -new middle school facility (8,024 sq. ft.) and office building (3,640 sq. ft.), phase 2 -a new primary/elementary learning center (9,900 sq. ft.), and phase 3 -a new library (2,400 sq. ft.) and a new gym facility (6,300 sq. ft.). There were no public comments. Commissioner Dewar asked under the approval number 10, the applicant will ensure that the construction will happen outside of the bird migratory route; is this put into most permits or is there a nesting pattern where this will be going. Director Olson stated that all of those items were taken into consideration. Vice Chair Walp asked about a substation in the back with power, the easiest way would be a pole to the building; Director Olson stated that all new utility services must go underground. There were no public comments. Vice Chair Walp closed the public hearing at 5:48 p.m. On a motion by Commissioner Kime, seconded by Commissioner Dewar and carried on a 3-0 polled vote, with Chairman Wendt being absent, the Crescent City Planning Commission and Architectural Review Committee approved the recommended findings and approved the amendment to the Conditional Use Permit #CUP21-02 subject to the attached conditions of approval. V.B. AMENDMENT TO USE PERMIT (UP21-03) WILLIAM GROOM RESIDENTIAL ONLY DEVELOPMENT ON COMMERCIAL PROPERTY Staff recommends that the Planning Commission take the following actions: A) Open the public hearing. 1) Receive the Staff Report on the Conditional Use Permit application. 2) Receive public comments on the Conditional Use Permit application. B) Close the public hearing C) Adopt the Recommended Findings. D) Approve the Amendment to the Conditional Use Permit #CUP21-03 subject to the attached conditions of approval and (any additional conditions adopted by the Planning Commission at the public hearing). Vice Chair Walp opened the public hearing at 5:49 p.m. Director Olson explained the project as a new townhomes that will be built on the corner of K and 4th Street. The applicant has asked for a waiver for 3 parking spaces. There were no public comments. Commissioner Dewar asked about waiving the three parking spots, if it is a roommate situation, there is a potential to have 12 cars and the main thoroughfare is only 24’ feet wide. Asked if they would be able to park on site with the allowable size; Director Olson stated it would be possible to have more parking, but it would be tight. Vice Chair Walp closed the public hearing at 5:59 p.m. On a motion by Commissioner Kime, seconded by Commissioner Dewar, and carried on a 3-0 polled vote with Chairman Wendt being absent, the Crescent City Planning Commission and Architectural Review Committee adopted the recommended findings and approved the amendment to the Conditional Use Permit #CUP21-03 subject to the conditions of approval. VI. CONTINUING BUSINESS: None VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), City Manager Wier advised the Commission that the City has submitted three grants within the last 3 weeks. There is a $3million grant for Beachfront Park, $1.7million for improvements in and around the cemetery by Cooper Ave for a Class 1 pedestrian pathway, and $200k for a Coastal Development Grant to tell the story of the Tolowa people in Beachfront Park. Additionally, another grant was applied for to obtain generators. City Manager Wier reported to the Commission that Harley Munger, of Piece by Piece Pottery who has done the tile mosaics in the community, has been contracted to do a Sister City mural for Beachfront Park. The contract states he should have it done by December of this year. The Commission was in consensus to schedule a special Commission meeting to discuss virtual meetings should the Council not reinstate teleconferencing at the next Council meeting. VIII. ADJOURNMENT: There being no further business to come before the Commission, Vice-Chair Walp adjourned the meeting at 6:08 p.m. to the regularly scheduled meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday March 10, 2021, at 5:30 p.m. via Zoom. ATTEST: ____________________ Robin Patch City Clerk  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org MINUTES REGULAR MEETING Thursday, March 10, 2022, at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Chairman Wendt called the meeting to order at 5:31 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, Vice-Chair Ray Walp and Chairman John Wendt Staff present: City Manager Eric Wier, Public Works Director Jon Olson, and City Clerk/Administrative Analyst Robin Patch II. PUBLIC COMMENT: there were no public comments III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: Approve meeting minutes for the following dates: 28 October 2021 22 December 2021 20 January 2022 3 March 2022 On a motion by Chairman Wendt, seconded by Vice-Chair Walp and carried unanimously on a 5-0 polled vote, the City of Crescent City Planning Commission and Architectural Review Committee approved the meeting minutes for the following dates; October 28, 2021, December 22, 2021, January 20, 2022, and March 3, 2022 as presented. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: V.A. CONDITIONAL USE PERMIT (CAN 22-01) FOR A MEDICAL AND ADULT-USE CANNABIS DISPENSARY (STOREFRONT RETAIL) AND DELIVERY SERVICE AT 245 H STREET-FUEGO Staff recommends that the Planning Commission take the following actions: A) Open the public hearing. 1) Receive the Staff Report on the Conditional Use Permit application. 2) Receive public comments on the Conditional Use Permit application. B) Close the public hearing C) Adopt the Recommended Findings. D) Approve the Conditional Use Permit application CAN 22-01 subject to the attached conditions of approval and any additional conditions adopted by the Planning Commission at the public hearing. Chairman Wendt opened the public hearing at 5:36 p.m. Commissioner Kime recused himself from this discussion as he owns property within the parameters of this use permit. Gary Rees of SHN went over the details of the dispensary which will be a storefront retail. Commissioner Dewar asked about the annual review and if there are multiple complaints, is it only addressed annually? Director Olson stated that once the complaint comes in, staff will address it accordingly at that time, not on an annual basis. Commissioner Dewar said that once the policy for cannabis was passed, how many stores can we expect? Director Olson stated that the Council did not limit the amount of stores at the time of the policy creation, however, it needs to be addressed, it can be changed in the municode. The applicant was in support of all of the information they had to be included in the application, hence why the agenda was as long as it was. Vice- Chair Walp stated that the number of cannabis stores allowed should be addressed now. If there are too many, it wouldn’t be as profitable for the stores. At this time, there seems to be enough cannabis stores in the City limits. Chairman Wendt asked what the total cannabis stores have been approved so far, seven? How many are doing business presently? Director Olson stated that two are open currently and the remainder are in process with the State. They come to the City first to ask permission and then they have to go through the State for the Cannabis Control License. Billie-Kaye Gavin Tygart: stated that there are a lot of cannabis stores and they have worked relentlessly to beautify Crescent City. First Friday’s will be difficult if there are so many cannabis stores right in the downtown area. It will no longer be family friendly and safe. People will not want to rent the vacant buildings downtown. Chairman Wendt asked about the appeal process; Director Olson stated that anyone that opposes this approval (should it occur) the community can appeal to the City Council. City Clerk Patch advised the Commission that Barbara Burke submitted via email opposition to the cannabis store. Chairman Wendt closed the public hearing at 5:58 p.m. On a motion by Chairman Wendt, seconded by Commissioner Dewar, and carried on a 3-0 polled vote with Commissioner Kime being recused, the City of Crescent City Planning commission and Architectural Review Committee finds that the project is consistent with the Crescent City General Plan and Municipal Code. A. The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (Class 32) exempting projects characterized as in-fill development. B. The applicant has demonstrated that it can and will comply with all requirements of the State and City to operate the proposed commercial cannabis activity.  C. The proposed activity, as conditioned, will not result in significant and unavoidable impacts on the environment. D. The operations plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering. E. The operations plan includes adequate security measures. F. The proposed cannabis activity complies with the 600-foot setback requirement from K-12 schools and day care centers (as defined in Health and Safety Code §1596.76). G. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. VI. CONTINUING BUSINESS: Commissioner Kime re-joined the meeting at 6:00 p.m. Director Olson explained the continuation of teleconference meetings. In order to continue with teleconferences in April, a Special Meeting will be required prior to April 14, 2022, but no earlier than March 14, 2022. Staff suggests either March 31, or April 7, 2022, as possible dates for a special meeting. Vice-Chair Walp advised he would be unable to make the March 31st meeting, the Commission was in agreement for April 7th, Commissioner Kime advised he would more than likely be able to attend the meeting, however could not confirm at this time. VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), City Manager Wier reported to the Commission the grants awarded for Beachfront Park. Director Olson will be putting together a team to work towards the goal of creating the Park’s design including the Tribal component. This Tuesday, March 15 th at 5:30 p.m. at the WWTP conference room, will be a Priority Projects Meeting with the City Council and Measure S Oversight Committee. VIII. ADJOURNMENT: There being no further business to come before the Commission, Chairman Wendt adjourned the meeting at 6:07 p.m. to the special meeting of April 7, 2022 and then to the regularly scheduled meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday April 14, 2021, at 5:30 p.m. via Zoom. ATTEST: ___________________________ Robin Patch City Clerk/Administrative Analyst  RESOLUTION NO. PC2022-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CRESCENT CITY AUTHORIZING THE USE OF REMOTE TELECONFERENCING (AB 361) WHEREAS, the Planning Commission of the City of Crescent City (“Planning Commission”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the Planning Commission recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, in order for the Planning Commission to use teleconferencing as allowed by AB 361, it must first adopt findings in a resolution, allowing the Planning Commission to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and WHEREAS, the County of Del Norte continues to recommend certain physical distancing requirements of people within Del Norte County, as described in detail in the Order of the Health Officer of the County of Del Norte dated 11/22/2021, and WHEREAS, the Planning Commission desires to conduct its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment in the safest environment possible. Resolution No. PC2022-04 Page | 1 NOW THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Crescent City that: 1. The recitals set forth above are true and correct and fully incorporated into this Resolution by reference. 2. The Planning Commission is conducting meetings during a state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 3. The Planning Commission authorizes City staff to take all actions necessary to conduct Planning Commission meetings in accordance with Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution, after which the Planning Commission will reconsider the circumstances of the state of emergency. PASSED AND ADOPTED by the Planning Commission of the City of Crescent City on this 14th day of April 2022, by the following polled vote: AYES: NOES: ABSENT: ABSTAIN: John Wendt, Chair of Planning Commission ATTEST: Robin Patch, City Clerk/Administrative Analyst Resolution No. PC2022-04 Page | 2