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1. Minutes
PLANNING COMMISSION
REVISED STAFF REPORT
Planning Commission
Director of Community Development
FEBRUARY 21. 2017
APPROVAL OF MINUTES
ITEM NUMBER
K
Approve the minutes for the Planning Commission
meetings held on January 17, 2017.
City of Seal Beach — Planning Commission
January 17, 2017
Vice Chair Machen called the regular meeting of the Planning Commission to
order at 7:00 p.m. in the City Council Chambers. Commissioner Aguilar led the
Salute to the Flag.
ROLL CALL
Present: Commissioners: Machen, Thomas, Aguilar, Klinger, Campbell
Absent: Commissioners: None
Staff Present: Jim Basham, Director of Community Development
Amy Greyson, Assistant City Attorney
Crystal Landavazo, Senior Planner
Steven Fowler, Assistant Planner
Robin Roberts, City Clerk
APPROVAL OF AGENDA
With no objections, Vice Chair Machen so ordered the approval of the agenda as
presented.
ORAL COMMUNICATIONS
Vice Chair Machen opened oral communications. Speakers: None. There being
no requests to speak, Vice Chair Machen closed oral communications.
CONSENT CALENDAR
There were no scheduled consent calendar items.
SCHEDULED MATTERS
1. Reorganization of Planning Commission — Election of new Chairperson
and Vice - Chairperson for 2017.
Vice Chair Machen opened nominations for Chairperson.
Commissioner Klinger nominated Vice Chair Machen as Chairperson. There
being no further nominations, Vice Chair Machen closed the nomination process.
Motion by Klinger, second by Aguilar, appointing Vice Chair Machen as
Chairperson of the Seal Beach Planning Commission.
AYES: Machen, Thomas, Aguilar, Klinger, Campbell
NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried
Page 2 — Planning Commission 1/17/2017
Chair Machen opened nominations for Vice Chairperson.
Chair Machen nominated Commissioner Thomas as Vice Chairperson. There
being no further nominations, Chair Machen closed the nomination process.
Motion by Machen, second by Klinger, appointing Commissioner Thomas as Vice
Chairperson of the Seal Beach Planning Commission.
AYES:
Machen, Aguilar, Klinger, Campbell
NOES:
None
ABSENT:
None
ABSTAIN:
Thomas
Motion Carried
NEW BUSINESS
There were no scheduled new business items.
PUBLIC HEARING
2. Conditional Use Permit (CUP) 16 -1
1011 Seal beach Boulevard
Applicant: Alan Burks, Envrion Architecture, Inc.
Property Owner: JB Properties
Request: Conditional Use Permit 16 -1 requesting the conversion
of an existing vehicle storage use to a personal storage
use.
Recommendation: After conducting the Public Hearing, staff recommends
that the Planning Commission adopt Resolution No. 17-
1, approving Conditional Use Permit 16 -1 with
Conditions.
Assistant Planner Steve Fowler provided a PowerPoint presentation which
summarized the staff report. Mr. Fowler's presentation included drawing and
photographs of the site plan, street access, phasing options, number of exterior
and interior units and available street parking. Mr. Fowler concluded the
presentation stating that no correspondence was received regarding this item.
Chair Machen opened the public hearing. Speakers: Applicant Alan Burks and
Seth Eaker spoke in favor of approving Conditional Use Permit 16 -1. There being
no further requests to speak, Chair Machen closed the public hearing.
At the inquiry of the Planning Commission, Mr. Burke spoke regarding the
displacement of existing customers, noting that there are plans to open additional
facilities in Huntington Beach to relocate those displaced.
Motion by Thomas, second by Klinger, to approve Resolution No. 17 -1, to
approve Conditional Use Permit 16 -1 with conditions.
Page 3 — Planning Commission 1/17/2017
AYES: Machen, Thomas, Aguilar, Klinger, Campbell
NOES: None
ABSENT: None
Motion Carried
Assistant City Attorney Amy Greyson stated that the 10 day appeal period begins
tomorrow.
3. Zone Text Amendment (ZTA) 17 -1
Citywide
Applicant: City of Seal Beach
Request: Zone Text Amendment (ZTA) 17 -1 consideration of an
ordinance of the City of Seal Beach amending Chapter
11.4.100 (Medical Marijuana) of Part IV, amending
Table 11.2.05.010 and Table 11.2.10.010 of Part II of
Title 11 of the Seal Beach Municipal Code to retain
existing prohibitions on medical marijuana, to prohibit
all marijuana uses, and to prohibit marijuana cultivation
with limited exceptions for indoor cultivation in private
residences, in all zoning districts and specific plan
areas of the City, and making a finding of exemption
from CEQA under CEQA guidelines Section
15061(b)(3).
Recommendation: That the Planning Commission hold a public hearing
regarding Zone Text Amendment (ZTA) 17 -1, as set
forth in the proposed Ordinance, and after considering
all evidence and testimony presented adopt the draft
Resolution No. 17 -2 recommending approval of the
proposed Ordinance to the City Council, prohibiting all
marijuana uses, prohibiting all marijuana cultivation with
limited exceptions for indoor cultivation in private
residences, in all zoning districts and specific plan
areas in the City.
Assistant City Attorney Amy Greyson presented an overview of the item and
legislative history of state law including the recent passage of the Proposition 64
— Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) as part of the
November 8, 2106 election. She spoke regarding the distinction of non - medical
marijuana cultivation and usage in relation to Proposition 64. Ms. Greyson
concluded stating staff's recommendation to adopt Resolution 17 -2 approving
Zoning Text Amendment 17 -1.
Chair Machen opened the public hearing. Speakers: Seth Eaker spoke
regarding his concerns of marijuana use. There being no further requests to
speak, Chair Machen closed the public hearing.
Page 4 — Planning Commission 1/17/2017
Commissioner Campbell stated her concerns that this ordinance would impact
the rights of those using marijuana for legally allowable medical use purposes.
There was discussion and clarification that this ordinance is to address non-
medical marijuana use and cultivation allowance in line with Proposition 64.
Motion by Thomas, second by Klinger, to approve Resolution No. 17 -2,
approving Zoning Text Amendment 17 -1.
Commissioner Campbell continued to state concerns that the wording of the
ordinance may impact the use of legal medical marijuana use in Seal Beach.
Commissioner Aguilar suggested that the motion be amended to strike the words
"all marijuana uses" from the title of the ordinance to address Commissioner
Campbell's concern.
After general discussion of the Commission, and clarification from Assistant City
Attorney Greyson, Commissioner Thomas amended the motion, second by
Klinger, to approve Resolution No. 17 -2 recommending approval of the proposed
Ordinance to the City Council, with the following modifications: 1) the word
"other" in the title of the ordinance will be replaced with the word "commercial "; 2)
legal counsel will review all language as needed in the ordinance, prior to
submitting to the City Council, specifically to make sure that legal use of medical
marijuana within people's home remains legally allowable and 3) to add the
definition of seizures as allowable medical definition for medical marijuana
usage.
AYES: Machen, Thomas, Aguilar, Klinger, Campbell
NOES: None
ABSENT: None
Motion Carried
DIRECTOR'S REPORT
Director Basham welcomed Commissioner Aguilar.
COMMISSION CONCERNS
The Planning Commission welcomed Commissioner Aguilar and thanked former
Chair and Commissioner Cummings for her service.
ADJOURNMENT
With no objections, Chair Machen adjourned the Planning Commission meeting
to Tuesday, February 21, 2017 at 7:00 p.m.
Approved:
Attest:
Deb Machen. Chair
Robin L. Roberts, City Clerk
Robin L. Roberts, City Clerk