Approval of Action Meeting Minutes from the December 8, 2015, Planning Commission Meeting

Note: this page was produced by running a PDF Image File through a program that converts Image to Text. Sorry about the Textual Gremlins.

MINUTES

LIVINGSTON PLANNING COMMISSION REGULAR MEETING DECEMBER 8, 2015

A regular meeting of the Livingston Planning Commission was held in the City Council Chambers on December 8, 2015. The meeting was called to order at 7:02 p.m. by Chair Ranjeet Jhutti.

ROLL CALL

Commissioners Present: Chair Ranjeet Jhutti, Vice-Chair Mario Mendoza, Commissioner Warren Urnberg, Commissioner Adanan Bath and Alternate Commissioner Bob Wallis.

Commissioners Absent: Commissioner Francisco Mendoza-Gonzalez (excused).

Staff Present: Contract City Planner Randy Hatch, Sr. Administrative Analyst Filomena Arredondo and Chief of Police Ruben Chavez.

Others Present: Denise Bazzano, Meyer’s Nave, David Anderson, DAC Remodeling,

Council Member Alex McCabe, Luis Enrique Flores, Katherine Schell­ Rodriguez and others.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

CONSENT AGENDA

ACTION MEETING MINUTES FROM THE JULY 14, 2015, REGULAR MEETING

Motion by Commissioner Urnberg, seconded by Alternate Commissioner Wallis to approve the minutes of the Regular Meeting of July 14, 2015. Motion carried 5-0, by the following roll call vote:

AYES: Chair Jhutti, Vice-Chair Mendoza, Commissioner Bath, Commissioner Urnberg, and Alternate Commissioner Wallis

NOES: None

ABSENT:Commissioner Mendoza-Gonzalez

clip_image001[4]

PUBLIC COMMENT

Chair Jhutti open and closed the public comment period at 7:06 p.m. as there were no public comments. PUBLIC HEARINGS

CONDITIONAL USE PERMIT (CUP) 2015-02 AND SITE PLAN & DESIGN REVIEW (SPDR) 2015-03 FOR GURU NANAK SIKH MISSION

Applicant, David Anderson, of DAC Remodeling, Inc., on behalf of Guru Nanak Sikh Mission, owner, requested approval of Conditional Use Permit 2015-02 and Site Plan/Design Review 2015-03 to demolish a storage building and construct an office, dressing room, restrooms and living quarters at the Guru Nanak Sikh Mission, 884 B Street, in the City of Livingston, APN: 022-010-004.

Contract City Planner Randy Hatch presented the staff report.

He described the proposed project site plan and elevations and added that the colors and materials will be consistent to match the existing site. Staff determined the project meets the City’s zoning standards with respect to setbacks, height, parking, and lot coverage. There is ample parking on the site, so the proposed uses will not require any additional parking.

Staff routed this project to other City departments and agencies for possible comments or concerns. The City Engineering Department noted there is sufficient capacity with the City’s existing infrastructure.

Also, there is a storm water retention basin on the site, so there are no issues with storm drainage. The Fire Department added typical conditions associated with new construction, and have been included in the conditions of approval.

It is staff s opinion that the proposed use and building is consistent with the existing uses on the site and the site layout complies with the City standards. Staff recommends approval of the project.

Commissioners’ Comments:

Chair Jhutti

• He can definitely see the need for these improvements at the Sikh Mission. It’s a great community resource and a place of worship and will serve the community better.

• Asked how long the demolition process will take.

Applicant, David Anderson, replied it will go quickly.

• Expressed concern with noise and pollution, especially because there is a school nearby.

Mr. Anderson said they will be conscientious and take that into consideration.

Chair Jhutti opened and closed the public hearing at 7:15 p.m. there being no public comments. Motion by Chair Jhutti, seconded by Commissioner Umberg, to adopt Resolution 2015-04, approving

Conditional Use Permit 2015-02, and Resolution 2015-05, recommending to the City Council approval of

Site Plan and Design Review 2015-03 for the Guru Nanak Sikh Mission. Motion carried 5-0 by the following roll call vote:

AYES: Chair Jhutti, Vice-Chair Mendoza, Commissioner Bath, Commissioner Urnberg, and Alternate Commissioner Wallis

NOES: None

ABSENT: Commissioner Mendoza-Gonzalez

clip_image001[6]

ZONING ORDINANCE TEXT AMENDMENT 2015-01 AMENDING CHAPTERS 2, 3, 5, AND 7 OF THE LIVINGSTON MUNICIPAL CODE PROIDBITING COMMERCIAL MARIJUANA {CANNABIS) ACTIVITIES AND REGULATING THE DELIVERY

AND CULTIVATION OF MEDICAL MARIJUANA INCLUDING ESTABLISIDNG EXEMPTIONS FOR CULTIVATION BY QUALIFIED PATIENTS AND PRIMARY CAREGIVERS

The Planning Commission considered Zoning Ordinance Text Amendment 2015-01, to determine General Plan consistency and make a recommendation to the City Council regarding amending Title 5, Chapters 2, 3, 5, and 7 of the Livingston Municipal Code regarding Commercial Marijuana activities and medical marijuana cultivation activities.

Denise Bazzano from the City Attorney’s office of Meyer’s Nave presented the staff report. She gave a brief summary of the history of the Medicinal Marijuana law in California and explained the three recent bills that were signed into law by Governor Brown on October 9, 2015, (AB 243, AB 266, and SB 643 known as the Medical Marijuana Regulation & Safety Act MMRSA) intended to provide a comprehensive regulatory framework for the cultivation and distribution of marijuana.

The law requires that if a city or county jurisdiction wants to retain local control to regulate or prohibit cultivation and delivery of marijuana, it needs to have an Ordinance adopted and enacted by March 1, 2016.

The City Attorney’s office drafted an Ordinance to comply with this requirement and brought it to the Planning Commission for their review and consideration.

Councilmember Alex McCabe feels it is important to pass an Ordinance that makes it easier for patients and regulate it so people do not abuse the system.

Chief of Police Ruben Chavez stressed the importance of having something in place to prevent losing local control. They can later come back and revisit the Ordinance and make changes. He recommended the Planning Commission approve the Ordinance as drafted.

Attorney Bazzano explained the proposed Ordinance.

Katherine Schell-Rodriguez, P.O. Box 163, Livingston

• Asked for clarification of child care centers. There are different kinds of child care licensing. A residential day care home is different than a licensed child care center or preschool.

Contract Planner Hatch said the language in the Ordinance refers to the larger day care centers.

Richard Perez, 4567 Lincoln Blvd., Livingston

• Asked why this item was not posted on the City website so people would know about it and come to the meeting.

Attorney Bazzano said a notice was published in the newspaper and posted on the City website.

Chair Jhutti explained where to find the notice on the City website and added that this item was going to City Council for two more public hearings where residents will have an opportunity to comment.

Katherine Schell-Rodriguez said she has a Weblog and a Facebook page "thegardeningsnail" where she always posts items that will go to Planning Commission and City Council meetings and she highlights the topic so that they can be easily noticed.

Discussion regarding the number of plants permitted for cultivation by qualified patients or primary caregivers.

The Commission agreed by majority to allow cultivation of up to six plants of marijuana.

Discussion regarding indoor cultivation.

Chief Chavez said his concern is safety.

Chair Jhutti feels it is important to ensure that our City stays safe. We have to be very aware of all the risks.

The Commission agreed by consensus to ban indoor cultivation.

Discussion regarding outdoor cultivation in the open or in a detached structure.

Contract City Planner Hatch said with a 25 sq. ft. structure, it would be impossible to comply with the Building Code because a 25 sq. ft. structure is exempt from the Building Code. You have to have a 120 sq. ft. structure for the Building Code to kick in.

Attorney Bazzano explained that if the California Building Code has an exemption for buildings that are less than a certain square footage, then they are complying with the California Building Code because those structures are exempt from the Building Code.

Attorney Bazzano said mixing the square footage with the number of plants keeps things more in check.

Councilmember McCabe thinks language should be added to the definition so people can also grow their plants in green houses.

Attorney Bazzano said a green house would also be considered a structure if they eliminate the transparent walls prohibition from the definition.

The Commission agreed by majority to eliminate the size requirement for a detached structure and to allow green houses.

Discussion regarding a heated structure.

The Ordinance currently says, "No gas products, including without limitation, C02, butane, propane and natural gas or generators shall be used within the structure."

Contract City Planner Hatch said this as presently written would eliminate a heated green house.

Attorney Bazzano reminded the Planning Commission that these buildings are not going to be inspected and if people are allowed to hook them up to gas or have a generator, it is going to cause problems.

The Commission agreed by majority to leave the language as drafted.

Vice-Chair Mendoza asked if the Ordinance allows cultivation in town houses.

Contract City Planner Hatch said it does because town houses are considered single-family homes.

Discussion regarding setbacks.

Councilmember McCabe thinks the City Ordinance should follow the State law which does not have provisions when it comes to setbacks.

The Commission agreed by consensus to delete the setback requirement.

Discussion regarding deliveries.

Attorney Bazzano said a rationale for allowing deliveries is for people that live in apartments and they cannot cultivate it.

Councilmember McCabe thinks this language should be struck out because at this time there are no State licensing requirements in place for delivery services.

Katherine Schell Rodriguez asked for clarification on the language that says a qualified patient or primary caregiver must reside full time on the lot where the cultivation occurs. If a qualified patient lives in an apartment complex and is unable to cultivate and the primary caregiver lives across town, can the primary caregiver deliver to the qualified patient?

Attorney Bazzano said the definition as written is restricted to commercial. She recommends changing the definition to the same definition that the MMRSA uses which would not regulate primary caregiver delivery to the patient.

The Commission agreed by majority to allow deliveries and to change the definition as suggested. Attorney Bazzano explained the update to the land use table.

Commissioners’ Comments:

Chair Jhutti

• Thinks banning is more prudent at this time.

• Expressed concern with the odor.

• If approved, he would recommend a permit be required from the Police Department.

• Recommends the use of C02, butane, propane, and natural gas or generators be prohibited.

Commissioner Urnberg

• Asked if there are people in Livingston that actually have the medical marijuana permits and are growing the plants.

Chief Chavez replied Livingston does have people with marijuana cards, but they only go by the State regulations right now.

Vice-Chair Mendoza

• Thinks that allowing six plants for a patient or a primary caregiver is good.

• Disagrees with the Police permit requirement. He believes that if there is an Ordinance allowing it, officers should not bother people that have a card.

clip_image001[7]

• Thinks there should be an option to cultivate outdoors in the open or in a detached structure.

• Disagrees with having a setback because many lots in Livingston are very small.

Attorney Bazzano explained the reason for the setback is not just for the purposes of smell, but also viewing so that someone does not peak over your fence and see that you are growing marijuana, especially youth that may be tempted.

Planning Commission Recommendations:

Following review of the proposed Ordinance, the Planning Commission recommended adoption of the Ordinance with the following changes:

Cultivation by Qualified Patients and Primary Caregivers (Detached Structure Exception)

A qualified patient or primary caregiver may cultivate medical marijuana in a detached structure subject to all of the following requirements:

1. Cultivation shall occur inside one (1) detached structure (as defined in Section 5-7-2 of this Code)not exceeding 25 feet.

2. clip_image002Cultivation inside the detached structure shall not exceed six (6) mature or t\v:elve (12) immature plants inan area not to eJrneed t\v-enty five(25) square feet regardless of how many qualified patients or primary caregivers reside on the parcel regardless of the size of the structure.

3. No cultivation shall be conducted in the primary residence.

4. Any cultivation in a detached structure must comply with:

1. All applicable California Building, Electrical and Fire Codes;

11. No gas products, including without limitation, C02, butane, propane and natural gas or generators shall be used in the structure;

Hr. Structure shall maintain a minimum of a ten (10) foot setback from any property line mw.- Structure shall not utilize grow lights that exceed 1200 Watts;

iv.¥c Structure shall be locked whenever the person responsible for cultivating is not present;

¥r. Detached structure cannot exceed twenty five (25) square feet in size

5. Cultivation of marijuana shall only occur on parcels that contain a detached, single-family home, in zoning districts R-E, R-1, R-2, R-3 and DTC. Parcels containing multi-family dwellings such as duplexes and apartment buildings shall not be allowed to cultivate medical marijuana.

6. The qualified patient or primary caregiver must reside full-time on the lot where cultivation occurs.

+. l\ny cultivation shall maintain a minimum of a ten (10) foot setback from any property !in&.-

7. If the qualified patient or primary caregiver is a tenant on the parcel where he/she wishes to cultivate marijuana, the qualified patient or primary caregiver shall obtain written permission, with a signature of the owner of the property, authorizing the qualified patient or primary caregiver to cultivate marijuana on the parcel. This written permission shall be available for inspection, upon demand, by any City employ-ee. Code or Law Enforcement Officer.

8. No marijuana growth shall be visible from the right of way.

9. No cultivation of medical marijuana shall occur within one-thousand (1000) feet of any school, child care center or public park. The one-thousand (1000) feet shall be measured from the closest property line of the school, child care center or public park to the closest property line of the cultivating parcel.

The Planning Commission also recommended changing the definition of "Structure" as follows:

clip_image003clip_image004"Structure" shall mean a building completely enclosed and detached from a residence that complies with the California Building Code, as adopted by the City, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through. Exterior walls must be constructed with non transparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

Cultivation by Qualified Patients and Primary Caregivers (Outdoor Small Grow Exception)

A qualified patient or primary caregiver may cultivate medical marijuana outdoors subject to all of the following requirements:

1. Cultivation shall not exceed six (6) mature or t’velve (12) immature plants in an area not to exceed tvleflty five(25) square feet regardless of how many qualified patients or primary caregivers reside on the parcel regardless of the size of the structure.

2. No cultivation shall be conducted in the primary residence.

3. Cultivation of marijuana shall only occur on parcels that contain a detached, single-family home, in zoning districts R-E, R-1, R-2, R-3 and OTC. Parcels containing multi-family dwellings such as duplexes and apartment buildings shall not be allowed to cultivate medical marijuana.

4. The qualified patient or primary caregiver must reside full-time on the parcel where cultivation occurs.

5. No marijuana growth shall be visible from the right of way.

& Any cultivation shall maintain a minimum of a ten (10) foot setback from any property line

6. If the qualified patient or primary caregiver is a tenant on the parcel where he/she wishes to cultivate marijuana, the qualified patient or primary caregiver shall obtain written permission, with a signature of the owner of the property, authorizing the qualified patient or primary caregiver to cultivate marijuana on the parcel. This written permission shall be available for inspection, upon demand, by any City employee. Code or Law Enforcement Officer.

7. No cultivation of medical marijuana shall occur within one-thousand (1000) feet of any school, child care center or public park. The one-thousand (1000) feet shall be measured from the closest property line of the school, child care center or public park to the closest property line of the cultivating lot

Delivery of Medical Marijuana

Deliveries of medical marijuana into the City of Livingston shall be exempt from Section 5-5-14 (A), so long as the delivering dispensary obtains a Business License pursuant to Title 3 of the Livingston Municipal Code and obtains a Delivery Permit from the Chief of Police, or his/her designee, pursuant to Subsection 5-5-14(E)(2) below. Delivery of medical marijuana shall be in conformance with all of the following regulations:

1. The delivery of medical marijuana shall be to a qualified patient or primary caregiver.

2. The amount of medical marijuana delivered to any single lot shall not exceed eight (8) ounces per qualified patient or primary caregiver for any single delivery.

3. Deliveries can only be conducted between the hours of 8 a.m. to 8 p.m.

4. The delivery driver must be an employee of the dispensary delivering the medical marijuana.

5. The dispensary must obtain the appropriate State licenses to operate as a delivery service, pursuant the Business & Professions Code Chapter 3.5, when said licenses are available.

6. All employees of a dispensary delivering medical marijuana or medical marijuana products shall carry a copy of the dispensary’s current Business License to deliver to the City of Livingston, the Delivery Permit from the Chief of Police and a State license for delivery, issued pursuant to Business & Professions Code Chapter 3.5, with them during deliveries and the employee’s government issued identification, and shall present said documentation upon demand by any Code Enforcement or Law Enforcement Officer City employee.

The Planning Commission also recommended that the Delivery Permit only be issued in one (1) year increments and that the definition of "Delivery" be changed to conform to the definition contained in the MMRSA as follows:

"Delivery" shall mean the commercial transfer of medical marijuana products from a dispensary to a primary caregiver or qualified patient. have the same meaning as set forth in Business & Professions Code § 19300.5(m) as the same may be amended from time to time.

Motion by Vice-Chair Mendoza, seconded by Commissioner Umberg, to adopt Resolution 2015-06, Determining General Plan Consistency and Recommending to the City Council Approval of Zoning Ordinance Text Amendment 2015-01 Amending Livingston Municipal Code Title 5, Chapters 2, 3, 5, and 7 to Prohibit Commercial Marijuana (Cannabis) Activities and Allow Exemptions for Delivery of Medical Marijuana and Cultivation by Qualified Patients and Primary Caregivers, as modified. Motion carried 4-1, by the following roll call vote:

AYES: Vice-Chair Mendoza, Commissioner Umberg, and Alternate Commissioner Wallis Chair Jhutti

NOES:

ABSENT: Commissioner Mendoza-Gonzalez

REPORTS

Planning Commission Urnberg

• Apartment residents at 8th and F Streets hang their clothes to dry on the fence and that has become a real eye sore.

Mendoza

• Wished everyone a Merry Christmas and Happy New Year.

City Staff

City Planner Randy Hatch

• 51 Fifty Enterprise informed Planning staff they are submitting their building plans for the construction of their new boxing gym and sports facility on December 9, 2015.

Sr. Administrative Analyst Arredondo

No reports.

ADJOURNMENT

The meeting was adjourned by consensus at 10:04 p.m.

APPROVED: February 9, 2016

Chair, RANJEET JHUTTI Secretary of the Planning Commission, RANDY HATCH

The written meeting minutes reflect a summary of specific actions taken by the Planning Commission. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

Advertisements