PC - Minutes - 11-16-15Minutes of the
PLANNING COMMISSION MEETING
November 16, 2015
The regular meeting of the Planning Commission was called to order by Vice -Chair Lopez at 7:07 p.m. in the Council
Chambers, 8838 E. Valley Boulevard.
PLEDGE OF ALLEGIANCE — Commissioner Eng
INVOCATION — Vice -Chair Lopez
ROLL CALL — Commissioners Dang, Eng, and Vice -Chair Lopez
ABSENT — Commissioner Herrera and Chair Tang
STAFF PRESENT — City Attorney Murphy, Community Development Director Ramirez, City Planner Bermejo, and
Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
City Attorney Murphy presented the procedure and appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
3. PUBLIC HEARINGS
A. MUNICIPAL CODE AMENDMENT 15.07
A CITY INITIATED ORDINANCE AMENDING ROSEMEAD MUNICIPAL CODE, TITLE 17 "ZONING ",
CHAPTER 17.40 "MEDICAL MARIJUANA DISPENSARIES" TO PROHIBIT MEDICAL MARIJUANA
CULTIVATION FACILITIES AND MEDICAL MARIJUANA DELIVERIES IN ALL ZONES OF THE CITY - On
February 11, 2014, the City Council adopted Ordinance No. 935 which added provisions to the
Rosemead Zoning Code (Title 17) that prohibit medical marijuana dispensaries city -wide. On
September 11, 2015, the California Legislature passed three bills that will create a broad State
regulatory and licensing system governing the cultivation, testing, and distribution of medical
marijuana, as well as physician recommendations for medical marijuana. Governor Brown signed the
three bills (Assembly Bills 243 and 266, and Senate Bill 643) on October 9, 2015. The new legislation
preserves local control over marijuana facilities and land uses, including the authority to prohibit
dispensaries and other medical marijuana businesses completely. In the City's experience, medical
marijuana dispensaries and cultivation sites pose significant threats to public health and
safety. Municipal Code Amendment 15.07 (MCA 15 -07) proposes an ordinance to prohibit both medical
marijuana cultivation facilities and the delivery of medical marijuana within the City.
PC RESOLUTION 15 -20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, RECOMMENDING THAT THE CITY COUNCIL ADOPT
MUNICIPAL CODE AMENDMENT 15 -07, AN ORDINANCE AMENDING ROSEMEAD MUNICIPAL CODE
TITLE 17 "ZONING" CHAPTER 17.40 TO PROHIBIT MEDICAL MARIJUANA CULTIVATION FACILITIES
AND MEDICAL MARIJUANA DELIVERIES.
Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15-
20 with findings, a resolution recommending that the City Council ADOPT proposed Ordinance No.
XXX amending Title 17 "Zoning" of the Rosemead Municipal Code.
City Planner Bermejo presented the staff report. She explained a recommendation that has been recommended by
the City's legal representation to modify the language to the proposed Ordinance, in Exhibit "A" Section 17.40.010,
B., page 9, of staff report, and it is language that needs to be modified in the Resolution. She stated it deals with the
definition of a "medical marijuana dispensaries" and recommended to add "or marijuana cultivation facility ", to section
B. numbers 1, 2, and 3.
Vice -Chair Lopez asked if the Planning Commission had any questions or comments.
Commissioner Eng referred to the definition regarding item "E. Marijuana cultivation facility" of the Ordinance and
asked if this definition includes residential properties.
City Attorney Murphy replied yes.
Vice -Chair Lopez asked if there were any other questions or comments.
None
Vice -Chair Lopez opened the Public Hearing and asked if there was anyone wishing to comment on this item.
Resident Brian Lewin stated he supports this item.
Vice -Chair Lopez closed the Public Hearing and asked if there were any other questions or comments from the
Planning Commission.
None
Vice -Chair Lopez asked for a motion.
City Attorney Murphy stated the motion will be to approve with the modifications that City Planner Bermejo read into
the record.
Community Development Director Ramirez stated the motion will be for both the Ordinance and Resolution
Commissioner Eng commented that this is good beginning and will give the City the opportunity to preserve the
quality of life and made a motion.
Commissioner Eng made a motion, seconded by Commissioner Dang, to approve ADOPT Resolution No. 15-
20 with findings, a resolution recommending that the City Council ADOPT proposed Ordinance No. XXX
amending Title 17 "Zoning" of the Rosemead Municipal Code. (Modification added "or marijuana cultivation
facility ", as defined in section B., and in numbers 1, 2, and 3, made by the Planning Commission on 11 -16-
15.)
Vote resulted in:
Yes: Dang, Eng, and Lopez
No: None
Abstain: None
Absent: Herrera and Tang
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Community Development Director Ramirez stated the motion passes with a 3 to 0 vote, this item will not require a 10
day appeal process, as it will be presented to the City Council.
4. CONSENT CALENDAR
A. Minutes of 11 -2 -15
Commissioner Dang made a motion, seconded by Commissioner Eng, to approve the PC Minutes of 11 -2 -15
as presented.
Vote resulted in:
Yes:
Dang, Eng, and Lopez
No:
None
Abstain:
None
Absent:
Herrera and Tang
Community Development Director Ramirez stated the motion passes with a 3 to 0 vote
5. MATTERS FROM STAFF
Community Development Director Ramirez addressed the Planning Commission and explained why Chair John Tang
was not present at this meeting. She stated City Hall will be closed on Thursday, November 26, 2015 in observance
of the Thanksgiving Holiday. She announced the date, time, and location of the 'Tree Lighting Ceremony" and
"Dinner with Santa ". She thanked City Planner Sheri Bermejo for her years of service and announced that Sheri
Bermejo will be leaving the City of Rosemead to work for the City of Monrovia. She also stated staff is currently
recruiting for an Assistant Planner.
Vice -Chair Lopez congratulated City Planner Bermejo.
Commissioner Eng thanked and congratulated City Planner Sheri Bermejo for her contribution, helpfulness, and
stated she will be missed.
6. MATTERS FROM THE CHAIR &
Commissioner Eng commented a number of projects are on the way and asked staff what the status of the Sign
Ordinance is.
Community Development Director Ramirez replied that is something that is included in the two (2) year strategic plan,
but staff has not begun working on an update to this point.
Commissioner Dang commented there is a Magellan Gateway development on Temple City Boulevard and he knows
it is in the City of El Monte, but there will be a lot of truck traffic that will eventually be going through the City of
Rosemead. He stated in the development of that Magellan Gateway there should have been an EIR submitted and
asked if the City of Rosemead had the opportunity to look at it.
Community Development Director Ramirez replied yes.
7. ADJOURNMENT
Meeting adjourned at 7:27 p.m.
The nerd regular Planning Commission meeting will be held on Monday, December 7, 2015, at 7:00 p.m.
Daniel Lopez
Vice -Chair
� &W
Rachel Lockwood
Commission Secretary
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