ACTION SUMMARY

COUNTY PLANNING COMMISSION

COUNTY OF SACRAMENTO

700 H STREET, SUITE 1450

SACRAMENTO, CA 95814

 

MONDAY                                    March 27, 2017                                     5:30 PM

COMMISSIONERS:  ALAN HOM, CARA MARTINSON, DONN REINERS,

JAMES SHELBY (CHAIR), TERESA STANLEY

(Commissioner Stanley was absent)

 

The on-line version of the agenda and associated materials are posted for your convenience at http://www.agendanet.saccounty.net/sirepub/meetresults.aspx?meettype=County%20Planning%20Commission%20Meetings.  Some documents may not be posted on-line because of their size and/or format (maps, site plans, and renderings).  As they become available, hard copies of all documents are available at the Clerk of the Board’s Office, 700 H Street, Room 2450.

SUMMARY OF RULES OF PROCEDURE

 

AGENDA: The Chairperson may reschedule items on the agenda.  Order of the agenda will be: non-contested matters, contested matters, then staff presentations.

CONDUCT OF HEARINGS: The sequence for a contested matter is: (1) staff report and environmental document discussion; (2) testimony of proponent(s); (3) public testimony; (4) rebuttal by applicant; (5) close of public hearing; (6) Commission discussion and vote.

LIMITED TIME FOR DISCUSSION: A principal proponent will be allowed a 5-minute statement.  Other proponents and opponents are allowed 3-minute statements except that a spokesperson for any group may be allowed 5 minutes.  The principal proponent shall have a 3-minute rebuttal.

VOTING: Any action or recommendation of the Commission requires a majority (3 votes) of the Commission to concur therein.  Any motion for approval or disapproval of a matter which results in a tie vote shall be forwarded to the Board of Supervisors with no recommendation.

ADDRESSING THE COMMISSION: Any person addressing the Commission shall, when recognized by the Chairperson, step to the rostrum and give their name and address.  Statements which lack factual support and repeated or cumulative testimony should be avoided.  Groups of people with similar viewpoints are urged to appoint a spokesperson to represent their views.

EXHIBITS OR DOCUMENTS: Documentary evidence submitted to the Commission becomes the property of the Commission.

CONTINUANCES: The Commission may continue any matter at its discretion.

 

Matters under the jurisdiction of the Commission and not on the posted agenda, may be addressed by the general public following completion of the regular agenda and any off agenda matters before the Commission for consideration.  The Commission limits testimony on matters not on the agenda to three minutes per person and not more than fifteen minutes for a particular subject.

 

COMPLETE RULES OF PROCEDURE

ARE AVAILABLE FROM THE COMMISSION SECRETARY.

 

Meeting facilities are accessible to persons with disabilities.  Requests for interpreting services, assistive listening devices or other considerations should be through the Clerk of the Board's office by calling (916) 874-5411 (voice) and CA Relay Services 711 (for the hearing impaired), no later than five working days prior to the meeting.

 

PLEDGE OF ALLEGIANCE

 

 

 

NON-CONTESTED

 

 

1.

Public Comment

 

5:38 PM  Board Action: No public comments were made.

 

 

 

2.

PLNP2016-00166 - (Fair Oaks/Hartman)

DEVELOPMENT PLAN REVIEW

 

4125 SUNRISE LLC - Applicant: Dutch Bros - located on the northwest corner of Sunrise Boulevard and Fair Oaks Boulevard in the Fair Oaks community.

 

ASSESSOR'S PARCEL NOS.:

244-0190-013/014

 

PROJECT NAME:

Sunrise Boulevard Dutch Bros

 

CPAC RECOMMENDATION:

The Fair Oaks Community Planning Advisory Council (CPAC) met on September 7, 2016 and recommended “Approval” (Vote: 5-2) of the proposed project.

 

ENVIRONMENTAL DOC.:

Negative Declaration

 

REQUEST:

A Development Plan Review and Design Review of a proposed 800 square-foot drive-through and walk-up coffee shop on approximately 0.88 acres in the Fair Oaks Village Special Planning Area (502-12.7).

 

5:48 PM  Board Action: Donn Reiners/ Cara Martinson - Approved the Development Plan Review, subject to the findings and conditions recommended by staff.  Approved the Design Review subject to the Findings and Conditions recommended by staff and further amended.  Adopted the Mitigation Monitoring and Reporting Program.

 

AYES: Alan Hom, Cara Martinson, Donn Reiners

NOES: (None)

ABSTAIN: (None)

ABSENT: James Shelby, Teresa Stanley

RECUSAL: (None)

(PER POLITICAL REFORM ACT (§ 18702.5.))

 

 

 

3.

PLNP2017-00013 - (Sacramento/Pahule)

ZONING CODE AMENDMENTS

(Approval by the Planning Commission is a recommendation only).  Final approval is by the Board of Supervisors.

 

Applicant: County of Sacramento

 

ASSESSOR'S PARCEL NOS.:

County-Wide

 

PROJECT NAME:

Sacramento County Zoning Code Clean Up Amendments

 

ENVIRONMENTAL DOC.:

Exemption

 

REQUEST:

The Sacramento County Development Code was updated in 2015. The project includes amendments to the Sacramento County Zoning Code (Zoning Code) related to items that require clarification or minor modifications in order to more effectively implement the provisions of the Zoning Code and to add provisions that were unintentionally omitted. The proposal includes amendments to clarify development standards for additions to residential dwellings, clarify and modify the definitions, use standards related to Temporary Concessions, and address internal inconsistencies related to minimum lots size requirements for residential lots. Additionally, the amendments clarify the permitting requirements for the storage of towed, damaged or dismantled vehicles. Finally, the amendments will allow for two uses, unintentionally omitted during the 2015 Development Code update, allowing single family homes in the BP Zone and caretaker dwellings in the C-O Zone.

 

5:48 PM  Board Action: Donn Reiners/ Alan Hom - Recognized the exempt status of the amendments pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. Recommended approval of the proposed Zoning Code amendments

 

AYES: Alan Hom, Cara Martinson, Donn Reiners, James Shelby

NOES: (None)

ABSTAIN: (None)

ABSENT: Teresa Stanley

RECUSAL: (None)

(PER POLITICAL REFORM ACT (§ 18702.5.))

 

 

 

CONTESTED

 

 

4.

PLNP2017-00064 - (County of Sacramento/Pahule)

MARIJUANA ORDINANCE

 

COUNTY OF SACRAMENTO - County-wide

 

ASSESSOR'S PARCEL NOS.:

County-wide

 

PROJECT NAME:

Marijuana Ordinance

 

CPAC RECOMMENDATION:

This amendment package was sent to the Community Planning Advisory Councils (CPACs) for comment via e-mail in advance of the Planning Commission hearing. Any comments received will be reported during the hearing presentation.

 

ENVIRONMENTAL DOC.:

Exemption

 

REQUEST:

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) was approved by California voters on November 8, 2016. The AUMA legalizes the possession, use, and cultivation of non-medical marijuana for those who are 21 years of age or older and authorizes a comprehensive State system to regulate commercial marijuana activity. Importantly, the AUMA does not allow local governments to completely prohibit indoor cultivation for personal use, but does allow local governments to adopt and enforce local ordinances to regulate or prohibit commercial marijuana activities. 

 

The Sacramento County Zoning Code (Zoning Code) utilizes a permissive zoning code system.  Any use not enumerated in the code is presumptively prohibited, unless the Planning Director determines otherwise (SZC 3.2.4.). The County has relied upon a permissive zoning code system to prohibit medical marijuana land uses, such as medical marijuana dispensaries. However, under the AUMA, it is unlikely that the County would succeed in arguing that nonmedical marijuana land uses are prohibited by permissive zoning because: 1) the statutory language in the AUMA regarding local control seems to anticipate that a city will adopt an ordinance explicitly prohibiting and/or regulating nonmedical marijuana businesses; 2) the AUMA does not contain the same protective language as the MMRSA  with respect to permissive zoning; and 3) the AUMA explicitly designates nonmedical marijuana as an agricultural product and therefore where agricultural uses are permitted, the County may be precluded from arguing that marijuana is prohibited. Therefore, in order to maintain the County’s position related to marijuana activities, the County should adopt express prohibitions.

 

The proposed ordinance amends the Zoning Code to prohibit all commercial marijuana activities, and includes provisions allowing for the cultivation of marijuana plants for personal use consistent with the AUMA, subject to County Code regulations and requirements. 

 

7:51 PM  Board Action: Cara Martinson/ Donn Reiners - Recommended approval of amendments to the Sacramento County Zoning Code (Zoning Code) including: amending Section 3.2.4 to prohibit commercial marijuana activities in all zoning districts; amending Section 7.3 to define Commercial Marijuana Activities as all commercial activities including but not limited to the cultivation, possession, manufacture, processing, storing, laboratory texting, labeling, transporting, distribution, delivery or sale of marijuana or marijuana products; and amending Table 3.2 and adding Section 3.9.3.BB. to allow for personal marijuana cultivation in all zoning districts as an accessory use to a primary residence subject to compliance with the definitions and restrictions contained in the proposed amendments to Chapter 6.88, Title 6, of the Sacramento County Code. The County Planning Commission requested that the Board of Supervisors revisit the proposed Zoning Code and County Code Amendments once state regulations are in place and County staff has evaluated the regulatory framework governing state licensing. The County Planning Commission recognized the Exempt status of the proposed Zoning Code amendments.

 

AYES: Alan Hom, Cara Martinson, Donn Reiners, James Shelby

NOES: (None)

ABSTAIN: (None)

ABSENT: Teresa Stanley

RECUSAL: (None)

(PER POLITICAL REFORM ACT (§ 18702.5.))

 

 

 

MISCELLANEOUS

 

 

5.

Election of 2017 Chair and Vice Chair

 

7:53 PM  Board Action: Donn Reiners/ Alan Hom - Elected Cara Martinson as Chair.

 

AYES: Alan Hom, Cara Martinson, Donn Reiners, James Shelby

NOES: (None)

ABSTAIN: (None)

ABSENT: Teresa Stanley

RECUSAL: (None)

(PER POLITICAL REFORM ACT (§ 18702.5.))

 

7:53 PM  Board Action: Donn Reiners/ Alan Hom - Elected James Shelby as Vice-Chair.

 

AYES: Alan Hom, Cara Martinson, Donn Reiners, James Shelby

NOES: (None)

ABSTAIN: (None)

ABSENT: Teresa Stanley

RECUSAL: (None)

(PER POLITICAL REFORM ACT (§ 18702.5.))

 

 

 

6.

Planning Director's Report

 

7:54 PM  Board Action: The Planning Director gave an update on the Howe Operations Appeal.  A continuance has been granted in order for the applicant to come into compliance.  The matter will be heard May 9, 2017. Also spoke about the South Sacramento Habitat Conservation is being reviewed and the outreach process has begun. 

 

 

 

7.

Miscellaneous Scheduling Matters

 

7:54 PM  Board Action: Commissioner Hom made the announcement he will not be present for the April 24, 2017 meeting.

 

 

 

7:58 PM - Adjourned

 

Respectfully Submitted,

 

 

 

FLORENCE EVANS, Secretary

County Planning Commission

 

 

 

 

 

 

 

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