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12/17/2015 as CITY OF GRAND TERRACE PLANNING COMMISSION r� MINUTES • DECEMBER 17, 2016 / Council Chambers Regular Meeting 6:30 PM Grand Terrace Civic Center• 22795 Barton Road CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of allegiance was led by Commissioner Giroux. Attendee Name Title f Status ` Arrived Tom Comstock ( Chairman Present Ryan Stephens Vice-Chairman Present Jeffrey Allen ; Commissioner Present j Tara Cesena j Commissioner Present Edward A. Giroux Commissioner Present 1 APPROVAL OF AGENDA Agenda approved five Ayes: Chairman Comstock, . Vice-chair Stephens and Commissioners Allen, Cesena and Giroux. PUBLIC ADDRESS None A. PUBLIC.HEARINGS 1: Administrative Conditional Use Permit 15-06, Administrative Site and Architectural Review 15-05, Variance.15-02 and Environmental 15-10 Located at 21516 Main Street, Unit A Community Development Director, Sandra Molina presented the staff report for this item and identified that conditions were added from the Building and Safety Division but that the applicant was waiting to hear back from the Fire Department. Chairman Comstock asked if the modular units were already setup on the site. Director Molina indicated they were setup and that staff was working with the applicant to get proper applications and plans submitted to the City. City of Grand Terrace Page 1 Minutes Grand Terrace Planning Commission December 17, 2015 Chairman Comstock asked why the applicant moved forward with setting up the modulars prior to proper permitting. Director Molina indicated that Duncan Brothers prior _lease had expired and the. business relocated immediately and that.a land use entitlement was obtained for the business. She explained that the modulars aided to provide additional office space on the new site. Commissioner Stephens asked how long ago the modulars were setup. Director Molina responded saying approximately 4 months. Commissioner Allen asked what the purpose of the foundation requirement was in the code. Director Molina indicated that it was the City's preference to have modulars on permanent foundations. However, the applicant leases. the property and requested a variancb.to avoid future relocation issues if the business had to move again. Commissioner Cesena .asked whether the modulars had, been ,tested- for mold and asbestos. Director Molina advised that the question be directed for the applicant. Chairman Comstock asked whether an interior inspection been done on the property. Director Molina, responded that no interior inspection had been done but staff had performed an on-site visual inspection. Commissioner Allen asked whether utilities had been inspected and 'certified. Director Molina stated that inspection would not be done until after the Planning Commission's review. Chairman Comstock asked whether there had been written communication for the project. Director Molina answered that notices were published,. posted and mailed but no comments had been received. Jeff McConnell, 21758 Walnut Avenue, said that he welcomes any business that comes j to Grand Terrace and that the location chosen was a good placement for the business. City of Grand Terrace Page 2 Minutes Grand Terrace Planning Commission December 17, 2015 David Smith, applicant, he explained that the modular units were recently refurbished ( _ and talked about the supported footing for the modular units. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT RESOLUTION NO. 2015-10, A RESOLUTION OF THE , PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING AN ENVIRONMENTAL EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL AND APPROVING VARIANCE 15-02, ADMINISTRATIVE CONDITIONAL USE PERMIT 15- 06, AND ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW 15-05 .ALLOWING THE USE OF TWO MODULAR OFFICE UNITS AT 21516 MAIN STREET, SUITE A (APN 1167-111-10) 2. Zoning Code Amendment 15-04/Relocating and Amending the Existing Prohibition of Marijuana Dispensaries to the Zoning Code Deputy City Attorney, Barren Bettenhausen, presented on the.item. Commissioner Allen had concerns about the amendment possibly'infringing upon the right of individuals who possess an authorized medical marijuana card. Deputy Attorney, Bettenhausen, pointed out that the Business License sections would only apply to For-Profit operations. Commissioner Allen asked whether authorized medical marijuana cardholders .were included in the definition- for cultivation. The Commissioner identified Section F, page 25, definition describing Persons, to identify that cardholders were included. Vice-chair Stephens was in favor of limiting dispensary use but was concerned that the definition of Persons in Section F, was too broad. Commissioner Cesena echoed the concerns about the .definition of Persons being too broad. Commission Cesena questioned the language in section D, page 39, that facilities won't be able to use the medication..Deputy Attorney, Bettenhausen, pointed out that multiple exceptions had been written into the ordinance to add further clarification and more clarifying language could be added, if needed. Deputy Attorney, Bettenhausen, suggested adding a section (#6) to the list medical dispensary exceptions that would include language to say "or any other use, expressibly i authorized under State Law." City of Grand Terrace Page 3 Minutes Grand Terrace Planning Commission December 17, 2015 Chairman Comstock opened the public comment opportunity at 7:58 p.m. Jeff McConnell, 21758 Walnut Avenue, he questioned where the language, For-Profit, was located in the ordinance. Attorney, Barren Bettenhausen, answered that the -For- Profit designation was not specific to the ordinance and that changing it to a For-Profit is the new state law. Chairman Comstock closed the public comment opportunity at 8:36 p.m. The majority of the Commission supported the changes to the ordinance but had concerns- related to personal cultivation, rights of individuals who possess medical marijuana cards, and language in the ordinance being too broad. Commissioner Cesena suggested that the language be further delineated between professional and private cultivation. Vice-chair Stephens felt the definition of personal use was too broad and advised the Commission he would not be voting on the item. 1) CONDUCT A PUBLIC HEARING; AND 2) ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION. 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL.QUALITY ACT AND AMENDING THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5 PROHIBITION ISSUANCE OF.BUSINESS LICENSE FOR.MEDICAL - MARIJUANA DISPENSARIES AND RECHAPTERING AND AMENDMENT OF CHAPTER 9.28 OF TITLE 9 PROHIBITING MEDICAL MARIJUANA DISPENSARIES TO CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY TO REGULATE AND PROHIBIT MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION. B. INFORMATION TO COMMISSIONERS Director Molina mentioned the upcoming Christmas break closure from December 23 to January 4, 2015. C. INFORMATION FROM COMMISSIONERS None. City of Grand Terrace Page 4 Minutes Grand Terrace Planning Commission December 17, 2015 ADJOURN Adjourn .to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on January 7, 2016 at 6:30 p.m. 4k Tom Comstock Sandra Molina Chairman.of the Grand Terrace Planning Community Development Director Commission City of Grand Terrace Page 5