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PC 07.a. 05-31-16 Draft Minutes Draft ACTION MINUTES SPECIAL MEETING OF THE PLANNING COMMISSION TUESDAY, MAY 31, 2016 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Chair George called the Regular Planning Commission meeting to order at 6:00 p.m. 2. ROLL CALL Planning Commission: Commissioners John Keen, Glenn Martin, Terry Fowler-Payne, John Mack, and Lan George were present. Staff Present: Community Development Director Teresa McClish, Police Chief Steve Annibali, David Hirsch, and Secretary Debbie Weichinger were present. 3. FLAG SALUTE Commissioner Fowler-Payne led the flag salute. 4. AGENDA REVIEW None 5. COMMUNITY COMMENTS AND SUGGESTIONS None 6. WRITTEN COMMUNICATIONS The Commission received the following material after preparation of the agenda: 1. Email dated May 27, 2016 from Judith Berstein regarding Agenda Item 8.a. 7. CONSENT AGENDA 7.a. Consideration of Approval of Minutes. None 8. PUBLIC HEARINGS 8.a. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT CASE NO. 16-002; AMENDING TITLES 5 AND 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA CULTIVATION AND MEDICAL MARIJUANA DELIVERY SERVICES Community Development Director McClish presented the staff report and recommended that the Planning Commission adopt a Resolution recommending that the City Council adopt an ordinance amending Sections 16.62.010 and 16.62.050 of Title 16 of the Arroyo Grande Municipal Code relating to medical marijuana cultivation and amending Section 16.62.070 and adding Chapter 5.95 to title 5 relating to deliveries of medical marijuana or medical cannabis products. Community Development Director McClish, City Attorney Hirsch, and Police Chief Annibali responded to questions from the Commission. Chair George opened the public hearing. Patty Welch, spoke in support of the proposed medical marijuana cultivation and medical marijuana delivery services ordinance. PLANNING COMMISSION PAGE 2 MINUTES MAY 31, 2016 Cindy Gonzalez, Vice President/General Manager of EliteCareSF, stated that EliteCareSF is a delivery company for medical marijuana to ill patients, explained the process of how deliveries are made and responded to questions/comments from the Commission that included: what is the delivery charge, why is the medical marijuana not sold in drug stores/pharmacies, concern with the drivers age of 18 may be too young, concern with safety of driver, and explained the compounds in the marijuana. Attorney Hirsch explained the selection/criteria process for three delivery companies. Tami Peluso, owner/President, EliteCareSF, stated the following: the delivery process is discrete, the medicine comes from the bay area, three delivery companies are sufficient for this size of a City, doctors provide a list of cannabis delivery companies to their patients, and responded to questions from the Commission. Hearing no further comments, Chair George closed the public hearing. Commissioner Keen stated state that the 1,000 foot radius would limit medical marijuana deliveries; limiting the medical marijuana to three delivery companies may create a “monopoly”; and does not want the delivery process set up so that it prohibits competition. Action: Commissioner Martin moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 16.62.010 AND 16.62.050 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA CULTIVATION AND AMENDING SECTION 16.62.270 AND ADDING CHAPTER 5.95 TO TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA DELIVERY SERVICES”, with specific review of the 1,000 feet radius of any public or private school, public library, etc. and the age of the delivery driver being 18 years old. 9. NON-PUBLIC HEARING ITEM None 10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE MAY 17 , 2016 This is a notice of administrative decision for Minor Use Permits, including any approvals, denials or referrals by the Community Development Director. An administrative decision must be appealed or called up for review by the Planning Commission by a majority vote. None 11. COMMISSION COMMUNICATIONS In answer to Commissioner Fowler-Payne, Community Development Director McClish stated the “Innovative Parking Strategies for Affordable Housing” webinar scheduled for June 7th and is a different subject than what was presented at the April 7th meeting. Chair George stated she received comments regarding the festival positive/negative. Director McClish gave the following updates on the Strawberry Festival: there is a debrief scheduled for the June 1st PRE-SAC meeting, at which time staff will receive comments; staff will be holding a workshop, tentatively scheduled for June 23rd; and there was a survey done this year regarding the festival and economic development. Chair George suggested for the future, to shorten the survey as it was too long. PLANNING COMMISSION PAGE 3 MINUTES MAY 31, 2016 Commissioner Fowler-Payne asked why the vendors are not allowed to leave their structures up on the City right of way on East Branch Street. Director McClish stated this comment will be taken to PRE-SAC. Commissioner Fowler-Payne also stated the vendors were more carnival. 12. STAFF COMMUNICATIONS None 13. ADJOURNMENT On motion by Commissioner George, seconded by Commissioner Keen and unanimously carried, the meeting adjourned at 7:46 p.m. ATTEST: DEBBIE WEICHINGER LAN GEORGE, CHAIR SECRETARY TO THE PLANNING COMMISSION (Approved at PC Meeting ______________)