CITY OF LA PUENTE PLANNING COMMISSION MINUTES. July 01, 2008

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1 CITY OF LA PUENTE PLANNING COMMISSION MINUTES July 01, 2008 A Regular Meeting of the Planning Commission of the City of La Puente was held in the Council Chambers of City Hall, East Main Street, La Puente, California, on 07/01/2008, at 7:00 p.m. CALL TO ORDER: Vice Chairman Klinakis called the meeting to order at 7:03 p.m. ROLL CALL: PRESENT: EX OFFICIO: Hernandez, Klinakis, Landino, Villarreal, Rojas Klinakis, Villarreal, and Landino. City Planner Arreola, Deputy City Attorney Davtyan, Assistant Planner Chow and Administrative Secretary Ramirez. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Klinakis. ORAL COMMUNICATIONS:. MINUTES OF PREVIOUS MEETING: 1. Reading of the minutes of the regular meeting of June 4, Commissioner Landino moved and Commissioner Villarreal seconded to approve as presented. The motion carried with the following roll call vote: AYES: NOES: ABSTAIN: Villarreal, Klinakis, and Landino. AGENDA ITEM NO. 1

2 Planning Commission Page 2 PUBLIC HEARINGS: 2. PUBLIC NUISANCE DECLARATION OF A PUBLIC NUISANCE (PN 08-02) FOR PROPERTY LOCATED AT 428 SANDIA AVENUE City Planner Arreola stated that Staff recommended that this item be continued to the next regularly scheduled meeting of August 5, Deputy City Attorney Davtyan stated that from the date that the "Notice to Abate" went out to the property owner some work had been completed at the property. Wells Fargo Bank, one of the legal owners of the property owner was currently working with Staff to address the remaining violations, the city was hopeful that all violations would be resolved. Vice Chairman Klinakis opened the public hearing at 7:07 p.m. Deputy City Attorney Davtyan advised that the Public Hearing should remain open until the next regular scheduled meeting. Vice Chairman Klinakis stated that the public hearing would remain open until the next scheduled meeting of August 5, Vice Chairman Klinakis moved and Commissioner Landino seconded to continue the public hearing to the August 5, 2008 Planning Commission meeting. The motion carried with the following roll call vote: AYES: NOES: ABSTAIN: Villarreal, Klinakis, and Landino. 3. MUNICIPAL CODE AMENDMENT CONSIDERATION OF MUNICIPAL CODE AMENDMENT ("MCA - 124") - ADOPTION OF A ZONING ORDINANCE PERMITTING AND REGULATING THE ESTABLISHMENT OF SMOKE SHOPS WITHIN THE C-2 (GENERAL COMMERCIAL) ZONE City Planner Arreola presented the report. Commissioner Villarreal questioned why the city would have two items, No. 3 and No. 4 which seem to be competing resolutions on the same agenda.

3 Planning Commission Page 3 City Planner Arreola stated that he would like to more clearly define "Smoke Shop" and "Medical Marijuana Dispensary." A smoke shop is a retail outlet that sells tobacco and tobacco related products. It does not sell marijuana. Commissioner Villarreal questioned if the ordinance would effect any established smoke shops in the City. City Planner Arreola stated that there was one smoke shop in the city located at 1665 Hacienda. He then referred the question to Deputy City Attorney Davtyan. Deputy City Attorney Davtyan stated that she was unaware that there was a smoke shop currently in the city. However the Staff can look into whether the ordinance applies to the existing establishment. Deputy City Attorney Davtyan stated that her general understanding was that it would not apply to them and that they would be given additional time to comply and asked Staff if the existing smoke shop was within 800 feet of a sensitive use. Assistant Planner Chow responded that the existing smoke shop was not within 800 feet of any sensitive use. Deputy City Attorney Davtyan stated that the location restriction would not apply to them, and that is the only restriction that would be imposed by the new zoning ordinance. Commissioner Villarreal questioned the intent of this resolution, since there was an existing smoke shop in the city. Deputy City Attorney Davtyan stated that when the City Council passed a moratorium on the smoke shops, the Council gave Staff direction to draft a regulatory ordinance that would address the secondary effects associated with smoke shops and tobacco use and the negative impact to minors. Staff conducted a study and concluded that imposing locational restrictions would address the negative effects associated with smoke shops. Staff drafted these zoning regulations so that smoke shops may not be too close to schools or any other youth establishments. Commissioner Landino questioned if these establishments were strictly for retail purposes or was the consumer going to be able to use a tobacco product in the establishment. City Planner Arreola responded these are strictly for retail purposes. Commissioner Landino questioned if an establishment devotes 15% floor space to cigarettes, cigars etc. was there a restriction of what the remaining 85% can be.

4 Planning Commission Page 4 City Planner Arreola stated that it can be a regular retail outlet however, if the establishment devotes more than 15% to tobacco products, then it would be considered a smoke shop and subject to these regulations. Commissioner Landino questioned what makes it a smoke shop. City Planner Arreola responded that reserving more than 15% of the floor space for tobacco and tobacco related products makes it a smoke shop. Commissioner Landino asked whether a bar or restaurant owner could sell tobacco products and allow on-site smoking to create a smoke house. City Planner Arreola responded that MCA-124 addressed smoke shops only and the sale of retail tobacco and tobacco related products only. Not smoking lounges. Deputy City Attorney Davtyan stated that a law was passed prohibiting the sale of cigarettes along with alcohol in certain establishments. There are also some State regulations that would apply. City Planner Arreola stated that a proposal in conjunction with a smoking lounge must also be reviewed by the Alcoholic Beverage Control (ABC) which regulates the sales of alcoholic beverages. Vice Chairman Klinakis asked if there was going to be a cap on the number of smoke shops that would be allowed in the city and if there would be a special permit required from an outside agency. City Planner Arreola responded that the 800 ft. requirement was restrictive. Staff chose 800 feet because it left sufficient parcels for the possible location of a smoke shop. Smoke shops must also be 800 feet from one another. The City of La Puente has many schools and those provide the necessary distance requirements to limit the number of smoke shops within the city. Vice Chairman Klinakis asked if any analysis was done with the Sheriff Department for input on this subject. City Planner Arreola responded in the affirmative and stated that with regard to the tobacco sales there were no issues, the issues were related only with head shops which sell drug paraphernalia. Vice Chairman Klinakis opened the public hearing at 7:13 p.m. Vice Chairman Klinakis closed the public hearing at 7:17 p.m.

5 Planning Commission Page 5 Commissioner Villarreal moved and Commissioner Landino seconded to adopt the attached Resolution recommending approval of Municipal Code Amendment 124 and the Negative Declaration permitting and regulating smoke shops in the C- 2 (General Commercial). The motion carried with the following roll call vote: AYES: NOES: ABSTAIN: Klinakis, Villarreal, and Landino. 4. MUNICIPAL CODE AMENDMENT CONSIDERATION OF MUNICIPAL CODE AMENDMENT ("MCA-125") - ADOPTION OF A ZONING ORDINANCE PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITH THE CITY Deputy City Attorney Davtyan presented the report also addressing the State and Federal laws on medical marijuana and Proposition 215. Commissioner Villarreal questioned Deputy City Attorney Davtyan regarding what article of the constitution would the Federal Government have the right to regulate medical marijuana. Deputy City Attorney Davtyan clarified that marijuana is a controlled substance and regulated under the "Commerce Clause" of the United States Constitution. Commissioner Villarreal stated that he believes it was under article eight of the United States Constitution. The Commissioner also stated that the voters had spoken about the issue of medical marijuana, but that he did not want to create a situation where illicit usage of the medical marijuana would become problematic for the City. The Commissioner asked if a study session could be conducted or would the decision the Commission makes be forwarded to the City Council. Deputy City Attorney Davtyan responded that the Planning Commission recommendation would be forwarded to the City Council. She also asked Commissioner Villarreal to clarify on what type of study session he was envisioning. Commissioner Villarreal responded that he felt that he was not fully informed and would like some time to become more educated on this issue and would like to know how the community feels in regards to this issue. Deputy City Attorney Davtyan stated one way to address the concerns of the commission was to continue this item, but that she would recommend that it be scheduled the first half of July because the moratorium does expire in September and it would be in the best interest of the City to have an ordinance adopted in time to be effective prior the expiration of the moratorium. Another option was

6 Planning Commission Page 6 that under Government Code Section No the City may extend the moratorium for an addition year to further study the issue and prepare appropriate zoning regulations. As to the previous question, qualified patients having the right and the ability to have marijuana for medical purposes, would not be affected. The zoning ordinance does not take away the right for medical marijuana under state law. There are communities in Los Angeles County as well as Orange County and surrounding jurisdictions that have dispensaries for qualified patients to obtain medical marijuana. Commissioner Villarreal asked if medical marijuana dispensaries were available in the City of La Puente. Deputy City Attorney Davtyan responded that there are residents in the City of La Puente who may be qualified patients. However, there are other dispensaries within Los Angeles County that would be available for them. Commissioner Villarreal thanked Deputy City Attorney Davtyan for her response, but stated that it seemed a little unfair that if the law states you can have medical marijuana, but the Federal Government says you cannot purchase it here. The Commissioner then asked if the Federal Government has the right to regulate this. By way of example, Deputy City Attorney Davtyan responded that the Drug Enforcement Agency (DEA) had been exercising their right to shut down dispensaries throughout California and arrests were being made under federal authority. Letters have been mailed out to property owners informing them that they may lose their property. Examples of how Federal Government exercises power under Controlled Substances Act. Commissioner Villarreal asked what was the intent and purpose of the resolution. Deputy City Attorney Davtyan responded that the intent of the resolution was to adopt zoning regulations prohibiting medical marijuana dispensaries because of the secondary effects that are associated with the operation of these type of dispensaries. She then explained different types of problems the City could have without proper zoning regulations. Commissioner Villarreal asked if all new businesses require a permit. City Planner Arreola responded that they must obtain a business license. Deputy City Attorney added that a business license does not require a condition of approval. Discussion ensued on the moratorium.

7 Planning Commission Page 7 City Planner Arreola stated that on Exhibit "E" was a list of the surrounding communities that do allow medical marijuana dispensaries and listed all the problems that are associated with these types of dispensaries. Mr. Arreola emphasized how important it was to make sure we have an ordinance in place. Commissioner Villarreal stated that he understands the situation, but raised concern over the issue because this was voter approved. Deputy City Attorney Davtyan stated a study session would be fine however, she recommended a motion to recommend an extension of the moratorium for an additional year. It would also be in the best interest of the City to have some zoning ordinance in place, whether it was prohibitory or regulatory in nature which addressed medical marijuana dispensaries. City Planner Arreola stated that this would not preempt the Federal Government from raiding these facilities and closing them down. Commissioner Villarreal questioned if the Commission had to move as the agenda states. City Planner Arreola stated that a motion can be made to extend the moratorium. Deputy City Attorney Davtyan stated that first the public hearing should be opened. Vice Chairman Klinakis opened the public hearing at 7:47 p.m. Mr. Marty Paz, La Puente, CA, questioned where a dispensary could be allowed to operate. Mr. Paz went on to ask whether he could operate a medical marijuana dispensary at his residence. Deputy City Attorney Davtyan responded that as the zoning regulations are proposed now, dispensaries would not be permitted in any zone in the city. Vice Chairman Klinakis closed the public hearing at 7:49 p.m. Vice Chairman Klinakis stated that Staff had been working on this for several months and questioned if any other agencies besides the Sheriff Department had been contacted. City Planner Arreola responded that the he had spoken to the Industry Sheriff Department which was also in charge of the unincorporated areas of Los Angeles County. Attached in Exhibit "E" is a compilation of the Police/Sheriff s Department experiences with the medical marijuana dispensaries.

8 Planning Commission Page 8 Vice Chairman Klinakis asked if charges were being held against cities that permit medical marijuana dispensaries and have had them shut down by the DEA. Was there an expense to the city or are the property owners and/or business owners being held liable for these expenses? Are cities also being penalized by the Federal Government by withholding of road tax monies or some other type of federal assistance. Deputy City Attorney Davtyan responded that she was not aware of any such city situations where Cities are being denied federal grants, but remembers a case where a city lost their property due to the fact they had leased the property to a medical marijuana dispensary and the Federal Government exercised their powers under the Control Substances Act. Vice Chairman Klinakis stated that he was in agreement with this ordinance and agreed that most people do not want this type of establishment in their city. Although he does agree that people who are sick should be able to have access to their medication and added that some type of system needs to be put into place where they can go to their Doctor to receive their medicine (drug). Deputy City Attorney Davtyan responded that the "compassionate use act" and the "medical marijuana program" in visions that qualified patients may cultivate their own marijuana, as long as they have a recommendation from a Doctor. She went on to discuss the terms under both programs. Vice Chairman Klinakis asked Deputy City Attorney Davtyan for clarification, that if you are diagnosed with a certain illness you could grow marijuana in your own back yard. Deputy City Attorney Davtyan responded in the affirmative. Vice Chairman Klinakis questioned the commission s options on this subject. Deputy City Attorney Davtyan stated that she recommend that one of the Planning Commission options was to make a recommendation to the City Council to extend the moratorium. Commissioner Landino questioned a patient s qualifications and what agency regulates these patients. The Commission desires to have services available for our residents. However, Commissioner Landino felt they needed to protect the quality of life and he was ready to make a motion. Vice Chairman Klinakis moved and Commissioner Landino seconded to adopt the attached Resolution recommending adoption of Municipal Code Amendment 125 related to the operation of medical marijuana dispensaries.

9 Planning Commission Page 9 The motion carried with the following roll call vote: AYES: NOES: ABSTAIN: Villarreal, Klinakis, and Landino. NEW BUSINESS:. ORAL COMMENTS FROM COMMISSION: Vice Chairman Klinakis stated that the last item was very difficult and this was something that effects the whole city. The commissioners spend a lot of time deciding what to do and he would like to commend his fellow commissioners on asking and following up with important questions. Great job. Commissioner Villarreal stated that he was not a proponent of these shops, but believes when the voters speak that the federal government was suppose of the people, by the people, for the people. He also would like to thank Staff for all their hard work that they put into the resolutions and all the research that goes into them, it was very important. ORAL COMMENTS FROM STAFF:. ADJOURNMENT: Vice Chairman Klinakis adjourned the meeting at 7:57 p.m. Secretary, Planning Commission

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