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PC - Minutes - 10-02-23Minutes of the PLANNING COMMISSION MEETING October 2, 2023 The regular meeting of the Planning Commission was called to order by Chair Berry at 7:01 PM PLEDGE OF ALLEGIANCE — Vice Chair Escobar INVOCATION — Commissioner Tang ROLL CALL — Commissioners Lopez, Tang, Ung, Vice -Chair Escobar, and Chair Berry STAFF PRESENT — Director of Community Development Wong, Deputy Director of Community Development Valenzuela, Associate Planner Lao, Commission Liaison Lam Due to technical difficulties, Chair Berry announced a 5 -minute recess. Meeting resumed at 7:20 pm. Commissioner Tang is joined via Zoom. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Stephanie Gutierrez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE There being no comments, Chair Berry opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. MUNICIPAL CODE AMENDMENT 23-02 (MCA 23.02) — MCA 23-02 is a City initiated amendment intended to bring Chapter 17.40 (Cannabis Facilities, Cultivation, and Deliveries) of the Rosemead Municipal Code (RMC) up to compliance with Senate Bill 1186 (Medicinal Cannabis Patients' Right of Access Act), which will become effective January 1, 2024. To be in accordance with State law, MCA 23-02 will update the City's existing regulations for deliveries of medicinal cannabis and permit a non -storefront, delivery -only medical cannabis retail use in the M-1 zone with a Conditional Use Permit. CEQA - MCA 23-02 is nota project pursuantto California Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Code Amendment is also exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which Rosemead Planning Commission Meeting Minutes of October 2, 2023 1 of 5 have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that the text amendments will have a significant effect on the environment. Associate Planner Lao presented the staff report. Chair Berry asked the Commission if there were any questions. Commissioner Tang inquired if the City would require a business license for this type of business to ensure compliance with our requirements. Associate Planner Lao answered that the proposed use will have to obtain a Conditional Use Permit with the City which will require a public hearing and deferred the question about the business license requirement to the City Attorney's Office. City Attorney Gutierrez answered that the current proposed ordinance does not include a business license requirement but it is in our purview to if require one if the Planning Commission would like to consider it. City Attorney Gutierrez also stated that at this moment, the Commission should not dwell on the business license requirement. Instead, the Commission should focus on the regulations. Commissioner Tang inquired if the City will include business licenses requirements on a case-by-case basis. Deputy Director Valenzuela added that the City does follow the LA County business license code. If a business is not required to obtain a business license under LA County rules, then the City will not require a business license. However, the City can require a business license registry with the City. Commissioner Tang inquired if there are any regulations requiring this use to be a certain distance away from schools, daycare, and other sensitive land uses. City Attorney Gutierrez stated that the regulations only address non -store front delivery for Cannabis delivery. The City is currently only dealing with medical use Cannabis, which does provide certain restrictions of where deliveries can be made. The City is proposing that as part of this ordinance, there will be certain distance requirements from sensitive land uses. Associate Planner Lao stated that the City would have the following distance requirements: 1) 500 feet from any property zoned: R1, R2 and R3 within the City limits, 2) 500 feet from any churches or other places that are exclusively use for religious assembly within the City limits, 3) 500 feet from any public or private school's grades K through 12th or childcare establishment within the City limits, and 4) 500 feet from any public parks or playgrounds or any City facilities and including, not limited to City Hall, City Library or police or fire stations. Commissioner Ung commented that in reading the Staff Report, she agreed that staff did their utmost to restrict the areas to locations that are most acceptable. She was concerned that the area may be in an existing residential location within the M-1 zone, however after she spoke with staff, she was ensured that there will be additional notification to the surrounding area if any applications are submitted in the future. Vice -Chair Escobar stated she did have concerns about safety and security, but after reading the Staff Report, she is aware that one of the proposed conditions when applying for a Conditional Use Permit is to submit a Safety and Security Plan to the Chief of Police's for approval. The location of the non -storefront Cannabis will have to comply with the proposed ordinance. She added that she does agree with the staff recommendation and the amendment is required to comply with State Law. Rosemead Planning Commission Meeting Minutes of October 2, 2023 2 of 5 Commissioner Lopez inquired how the facility will be used. Director Wong commented that it will be strictly for deliveries for patients with prescription from their physician. Associate Planner Lao clarify that this is a non -storefront deliver only, location. There will be no advertisements, no signage, unmarked vehicles, and no public access. Commissioner Lopez inquired further if this will be a storage unit use. He wanted to know if a patient received a prescription, will the cannabis will be delivered to the doctors or will the patient need to pick it up from this location. Associate Planner Lao explained that the facility will receive orders and the cannabis will to be delivered to the patient. Commissioner Lopez stated that he now understands the objective of the non -storefront, delivery -only medical cannabis retail use. Chair Berry commented that if the Commission does not move forward with the Code Amendment, on January 15% a Conditional Use Permit would not be required and a non -storefront, delivery -only medical cannabis retail facility can operate anywhere. If the Commission decides to move forward with the Code Amendment, the City will have some control and the proposed use must comply with City regulations. Seeing no additional questions, Chair Berry asked if there were any public comments. Commissioner Ung inquired if the State had any stipulation on the quantity of parcels the City had to provide. City Attorney Gutierrez stated that the City cannot regulate any of the following that has an effect of prohibiting the retail sales by delivery of medicinal cannabis. The City cannot prohibit the number of businesses authorized to deliver medical cannabis into the jurisdiction, limit the hours of cannabis businesses outside of what is already provided in State Law, and limit the number or frequency of sales by delivery of medicinal cannabis and the types or quantities of medicinal cannabis authorized to be sold by delivery. Commissioner Lopez agreed that Municipal Code Amendment 23-02 will be the best way to comply with State law as the City will be able to impose regulations on non -storefront, delivery -only medical cannabis retailers. There being no additional questions or public comment, Chair Berry closed the hearing period. ACTION: Commissioner Berry made a motion, seconded by Vice Chair Escobar to approve Planning Commission Resolution No. 23-05 with findings, a resolution recommending that the City Council adopt Ordinance No. 1018 for the approval of MCA 23-02. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Rosemead Planning Commission Meeting Minutes of October 2, 2023 3of5 Roll call vote resulted in 5 Ayes and 0 Noes. 4. CONSENT CALENDAR A. PC MINUTES 08.07-23 Chair Berry made a motion, seconded by Commissioner Lopez, to approve PC Minutes 8-7-23 as presented. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Abstain. 5. MATTERS FROM STAFF Deputy Director Valenzuela introduced the new Administrative Assistant, Linda Lam. 6. MATTERS FROM THE CHAIR & Commissioner Ung inquires if there are any updates to the progress of the property on Garvey and Del Mar Avenue because she saw that there was a public hearing notice was present. Deputy Director Valenzuela stated that the property owner was supposed to remove the public notice because it is outdated and the City will contact them again to remove the notice. ADJOURNMENT Chair Berry adjourned the meeting at 7:44 p.m. The next Planning Commission Meeting is scheduled for November 6, 2023, at 7:00 PM in the Council Chambers Rosemead Planning Commission Meeting Minutes of October 2, 2023 4of5 ATTEST: Linda Lam ` Administrative Assistant Rosemead Planning Commission Meeting Minutes of October 2, 2023 5of5