Title
Draft Meeting Minutes - September 24, 2018
Body
DRAFT MINUTES
REGULAR MEETING OF THE
CITY OF ALAMEDA PLANNING BOARD
MONDAY, SEPTEMBER 24, 2018
1. CONVENE
Board Member Sullivan convened the meeting at 7:00pm
2. FLAG SALUTE
Board Member Cavanaugh led the flag salute.
3. ROLL CALL
Present: Board Members Cavanaugh, Curtis, Saheba, Sullivan, Teague. President Mitchell arrived at 7:05pm.
Absent: Board Member Burton.
4. AGENDA CHANGES AND DISCUSSION
Staff Member Tai said that Board Elections would not take place tonight, due to the lack of a full board.
5. ORAL COMMUNICATIONS
*None*
6. CONSENT CALENDAR
*None*
7. REGULAR AGENDA ITEMS
7-A 2018-5980
Cannabis Business Zoning Text Amendments - Applicant: City of Alameda. Public Hearing to Consider Zoning Text Amendments to modify existing cannabis business land use regulations, including whether to: (1) add cannabis retail businesses as conditionally permitted uses in the C-1, Neighborhood Business and C-M, Commercial-Manufacturing Zoning Districts; (2) add delivery-only cannabis retail businesses as a conditionally permitted use in the C-M, Commercial-Manufacturing Zoning District; (3) amend certain portions of the zoning code to enable cannabis retail businesses to dispense non-medicinal or “adult use” cannabis; and (4) any other necessary amendments, including amending certain portions of the zoning code to eliminate the dispersion requirement for delivery-only cannabis businesses. The proposed text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the Business and Professions Code section 26055(h) and pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Staff Member Potter gave a presentation. The staff report and attachments can be found at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=3675391&GUID=033AF06B-4E99-49B3-8066-207E9BB046D4&FullText=1>
Board Member Curtis asked if the Planning Board has any say over the potential changes for buffer zones.
Staff Member Potter said the council is not considering changing the buffer around schools, but is for other sensitive uses. She said the buffers are not under the board’s purview.
Board Member Curtis asked who regulates the sales behavior, similar to ABC for liquor stores.
Staff Member Potter said that the are licensed by the state and that the city would enforce its ordinance.
Board Member Curtis asked how the delivery only businesses would be enforced.
Staff Member Potter said they are regulated by the state and Alameda would respond on a complaint based system.
Board Member Teague asked why the delivery only option was not put in its own category.
Staff Attorney Le said they just wanted to use the existing definition in the ordinance.
Board Member Teague asked if the new buffer zones would be at least as stringent as they are for liquor stores.
Staff Member Tai said that is correct, and that the buffer ordinance for dispensaries added child oriented businesses as sensitive uses, not just schools.
Board Member Sullivan asked if there were no businesses operating now, what is the reason to change the rules.
Staff Member Potter said that they have no legal businesses so far, but that there was a lot of interest to the RFP but the mix of requirements made it impossible to find a space not on Webster St.
Board Member Saheba asked why the 2nd qualified proposal was not selected.
Staff Member Potter said that they were within one mile of each other and the higher scoring proposal was chosen.
Board Member Cavanaugh asked if we knew how many businesses the island needed to meet the demand.
Staff Member Potter said the city could support up to five, but the council capped it at two.
Board Member Cavanaugh asked if there is concern about federal intervention.
Staff Attorney Le gave some background on the legal concerns and structure for potential federal enforcement concerns. He said there is some uncertainty in the law.
President Mitchell asked what would happen if a school located next to an existing cannabis business.
Staff Member Butler said that the cannabis business would be allowed to continue operating and that there is nothing preventing a school from moving in near an existing business.
Board Member Sullivan asked if there was a discussion to have the one qualifying business operate for some time to provide some information on the demand and potential issues before opening up more areas to these operations.
Staff Member Butler said that the process will take some time and that the first business will be up and running for a while before any other permits gets issued.
President Mitchell opened the public hearing.
Mike McDonough said the current zoning does not provide real economic opportunity and that the Chamber of Commerce supports the zoning change.
Mark Hersman said the needs of patients need to be balanced with community concerns.He said the C-1 districts would be good for everyone. He said the regulations have changed and made getting medicinal cards burdensome and requires allowing adult use.
Phillip Redd said Alameda is not friendly to cannabis businesses. He said marijuana is safer than alcohol. He said we should lift the dispersion rules.
Ryan Agabao said we should not treat delivery only businesses the same as regular dispensaries. He said we should allow more competition.
President Mitchell closed the public hearing.
Board Member Teague said putting delivery businesses in the same category as retail makes things complicated. He said the dispersion rules should be in the business regulation not the land use regulation. He said cannabis has kept friends of his with cancer alive.
Board Member Curtis said he agreed with Board Member Teague’s comments about the dispersion rules. He said the buffer zones should follow ABC regulations for alcohol and tobacco. He said he is concerned about competition from off island delivery services.
Board Member Teague made a motion to approve the staff recommendation with the following modifications: strike the last section of H-1 regarding dispersion and tell City Council to put their preferences in the business ordinance; clarify that the off street parking requirements for retail and delivery businesses be divided; ask Council to review the ABC guidelines and consider normalizing those distances in the business regulation. Board Member Curtis seconded the motion. The motion passed 5-1 (Sullivan voted no.)
7-B 2018-5981
PLN17-0628 - Zoning Text Amendments - Applicant: City of Alameda. Public Hearing to Consider Proposed Zoning Text Amendments to the Zoning Regulations (AMC Chapter 30) regarding: 1) adoption of new bird-safe building regulations; 2) adoption of new outdoor lighting regulations. The proposed text amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305 - Minor Alterations to Land Use Limitations and 15308 - Actions by Regulatory Agencies for Protection of the Environment, each on its own and independent basis.
Staff Member Tai gave a presentation. The staff report and attachments can be found at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=3675392&GUID=AB634660-E4E0-4FD2-9C3A-54E08C4604BD&FullText=1>
Board Member Sullivan asked how a private homeowner would acquire bird safe glass.
Staff Member Tai said there are lots of options for meeting the requirements.
Board Member Sullivan said this will create an undue burden on homeowners.
Board Member Curtis said he has only had one bird hit his house since 1973. He said he thinks it would be a burden for homeowners.
Board Member Saheba said that a height threshold may make more sense than a story threshold. He asked if the California Building Code addressed this issue.
Staff Member Tai said that it does not and is only being addressed city by city right now.
Board Member Cavanaugh asked why we are excluding storefronts when we are including single family homes.
Board Member Teague said he would like “unbroken glass surface” in the ordinance for clarification. He asked if there was a way to waive the requirement for certain projects.
Staff Member Tai said there is a method for the building official to accept alternative ways of meeting the requirements, but not specifically waivers.
Board Member Sullivan asked what amount of our light pollution comes from street lighting and commercial lighting, compared to residential output.
Staff Member Tai said residential neighborhoods are not major contributors and that most light pollution in Alameda comes from parking lots and sports fields. He said they do receive a significant amount of complaints about residential lights and the ordinance will help enforce that.
Board Member Sullivan said she is concerned that if we get too dark we will increase trip and fall incidents.
Board Member Teague asked if the City’s policies for themselves would contradict the ordinance that the Planning Board is developing.
Staff Member Tai said that they would comply with the color temperature requirements, but had other concerns to be worked out.
President Mitchell opened the public hearing.
Linda Carloni said the Golden Gate Audubon Society strongly supports these ordinances. She said it is important for Alameda to have these protections for birds.
Jerry Harrison said that anything we can do to reduce our destruction of wildlife should be done.
Marjorie Powell said first floor retail areas in business districts and parking lots are not typically busy feeding areas for birds. She urged adoption of the ordinance.
Board Member Sullivan asked if the Audubon group expects homeowners remodeling to use bird safe glass.
Ms. Powell said that if the facade is more than 50% glass, yes.
Karen Boutilier said we are not giving birds enough credit. She says she does not see the issue for residential properties. She said she has a lot of glass and a lot of birds and does not find dead birds around her house. She said, with respect to dark skies, that ship has sailed. She said they fly the flag and uplight it at night.
President Mitchell closed the public hearing.
Board Member Curtis said that he would like to create a threshold of 6,000 square feet for applying the glass requirements on residential properties.
Board Member Cavanaugh said he is not in favor of the ordinance because it punishes homeowners.
President Mitchell said it is difficult to find bird safe windows for homeowners. He said we need a solution before we put in an ordinance that impacts homeowners. He said he is okay requiring this for new buildings.
Board Member Saheba said he would suggest exempting single family homes, but not multifamily properties of five units or more.
Board Member Teague said he likes the idea of applying this to buildings with five or more units.
Board Member Curtis said he thinks new construction should have to comply, but existing residential units of four or less would be exempt.
Board Member Sullivan asked if a building that was burned down would qualify as new construction.
Staff Member Tai said that is one exception where the homeowner would not have to rebuild to current code.
Board Member Teague made a motion to recommend the bird safe building ordinance with the following changes: section B.2.b.- clarifies that the window replacement applies only to building covered under section B.2.a.; clarifying that they are referring to unbroken glass segments; the 50% facade refers to the window replacement on that facade; add that window replacement of these buildings are also covered by this ordinance . Board Member Curtis seconded the motion.
Staff Member Tai asked for and received confirmation that window replacement regulations would only apply new buildings constructed under this ordinance. He said he can work on the language before it goes to City Council.
Board Member Teague said he is okay with however staff drafts the language to capture the intent.
The motion passed 6-0.
President Mitchell asked to define the acceptable color temperature with the range that is found on the product packaging, 2700-3000.
Board Member Teague said he is not fully satisfied but will be supporting this. He said he wished that other departments should be compliant with the ordinance.
Board Member Cavanaugh said he wanted to make sure we were allowing appropriate use of uplighting.
Board Member Sullivan asked if carriage lights would be permitted.
Staff Member Tai said that if it were properly shielded, it would be okay. He said they have language to protect the many historic lights in town.
The board had a brief discussion about whether the ordinance needed to apply to porch lights because of porch roofs providing the screening.
Board Member Saheba made a motion to approve the recommendation with the clarification of color temperature provided by President Mitchell. Board Member Teague seconded the motion. The motion passed 6-0.
7-C 2018-5982
Board Elections
*Postponed*
8. MINUTES
*None*
9. STAFF COMMUNICATIONS
9-A 2018-5978
Community Development Department Recent Actions and Decisions
Staff Member Tai said the Briggs Ave item was not approved. He said they did approve the Court St. item from the previous agenda. The staff report can be found at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=3675389&GUID=F719F474-7FD4-4BAE-87F5-B8EBEC3E5A0C&FullText=1>
9-B 2018-5922
Future Public Meetings and Upcoming Community Development Department Projects
The schedule can be found at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=3675390&GUID=EFE166A3-60B8-4649-9250-6F911FFCF226>
10. WRITTEN COMMUNICATIONS
*None*
11. BOARD COMMUNICATIONS
President Mitchell said he joined the Climate Action Plan Taskforce. He said he would be out for the next meeting due to a family vacation.
12. ORAL COMMUNICATIONS
*None*
13. ADJOURNMENT
President Mitchell adjourned the meeting at 9:25pm.