MINUTES OF MEETING ALAMEDA COUNTY PLANNING COMMISSION FEBRUARY 20, 2018 (Approved April 16, 2018) 224 West Winton Avenue, Room 111, Hayward

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1 MINUTES OF MEETING FEBRUARY 20, 2018 (Approved April 16, 2018) FIELD TRIP Time: Place: 12:30 p.m. 224 West Winton Avenue, Room 111, Hayward Note: The Planning Commissioners adjourned to the field at 1:00 p.m. to visit the property listed on the Regular Calendar below under Field Trip Report. The Commission reconvened at 3:00 p.m. for the Regular Meeting at 224 W. Winton Avenue, Public Hearing Room, Hayward. REGULAR MEETING CALL TO ORDER: The Chair called the meeting to order at 3:05 p.m. MEMBERS PRESENT: Commissioners Jim Goff; Dimitris Kastriotis; Andy Kelley; Jeff Moore, Vice-Chair; and Richard Rhodes, Chair. MEMBERS EXCUSED: Commissioners Larry Ratto and Hal Gin OTHERS PRESENT: Albert Lopez, Planning Director; Elizabeth McElligott, Assistant Planning Director; Rodrigo Orduña, Assistant Planning Director; Christine Horrisberger, Senior Planner; Heather Littlejohn, County Counsel s Office; Nilma Singh, Recording Secretary. There were approximately fifty-one people in the audience. PLEDGE OF ALLEGIANCE ANNOUNCEMENTS BY THE CHAIR: None OPEN FORUM: Open forum is provided for any members of the public wishing to speak on an item not listed on the agenda. Each speaker is limited to three (3) minutes. Kelly Abreu discussed the issue of a barn on Morrison Canyon Road and the impacts of construction of barns etc in Sunol on City of Fremont. FIELD TRIP REPORT: Commissioner Kastriotis provided a report. MEMBERS PRESENT: Commissioners Richard Rhodes, Dimitris Kastriotis and Jim Goff MEMBERS EXCUSED: Commissioners Hal Gin, Jeff Moore, Larry Ratto and Andy Kelley OTHERS PRESENT: Rodrigo Orduña, Assistant Planning Director COMMITTEE REPORT: None APPROVAL OF MINUTES FROM PREVIOUS MEETINGS

2 PAGE 2 1. APPROVAL OF COMMISSION MINUTES ~ February 5, 2018 Continued CONSENT CALENDAR: There were no items REGULAR CALENDAR: 2. AMENDMENTS TO THE ALAMEDA COUNTY GENERAL ORDINANCE CODE UPDATING REGULATIONS REGARDING MASSAGE ESTABLISHMENTS. CEQA STATUS: EXEMPT Staff Planner: Christina Horrisberger Ms. Horrisberger presented the staff report. No public testimony was submitted. Commissioner Goff made the motion for an approval and Commissioner Kastriotis seconded. Motion carried unanimously, 5/0. Commissioners Ratto and Gin were excused. 3. RICHARDS, REZONING, PLN ~ Petition to rezone a site approximately 7.98 acres in area, from A-BE (Agricultural) District/320 acre MBSA) to a P-D (Planned Development Zoning Unit) District, to allow construction of a 1,228 square foot, 2-bedroom accessory dwelling unit within the existing 2-acre building envelope with on-site parking, located at Mines Road, west side, approximately 6.0 miles, southeast of Del Valle Road, unincorporated Livermore area of Alameda County, designated Assessor s Parcel Number: 099A Staff Planner: Richard Tarbell Ms. Horrisberger presented the staff report. Public testimony was called for. Daniel Cucchi, representative, in response to the Commission, provided clarification that a separate 3,000 gallon water tank is required. Public testimony was closed. Commissioner Moore made the motion to move staff recommendation for an approval and Commissioner Kelley seconded. Motion carried unanimously, 5/0. Commissioners Ratto and Gin were excused. 4. PROPOSED AMENDMENTS TO THE CANNABIS DISPENSARY AND CULTIVATION ORDINANCES TO INCREASE THE NUMBER OF CULTIVATION SITES PERMITTED AND TO ALLOW PERMITTED OPERATIONS TO INCLUDE BOTH MEDICINAL AND ADULT-USE CANNABIS, AND ADOPTION OF AN ADDENDUM INCORPORATING THE PROPOSED AMENDMENTS INTO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE MEDICAL CANNABIS ORDINANCE AMENDMENTS Staff Planner: Elizabeth McElligott

3 PAGE 3 Commissioner Moore recused himself. Ms. McElligott presented the staff report. The Commission requested clarification re any limitation on cultivation acreage and distribution process. Public testimony was called for. David Arnold, 9950 Calaveras Road, Sunol, spoke in support and asked if the Commission would consider an increase to the number of dispensaries and eliminate the 5-mile restriction. Frank Imhof, 962 Happy Valley Road, spoke in support of an increase for cultivation sites. Emery Maynes, Mines Road, said his permit was denied and he also supported an increase. Pam Galbraith, 9051 Tesla Road, expressed concerns re two sites on Tesla Road and lack of notification; and, opposed elimination of the pilot program. Eric Simonds, 9009 Tesla Road, in opposition, said his property borders two dispensaries and his concerns included access, cash on site, well water, night lights and urged a continuance. Luisa Duchaineau, 9115 Tesla Road, also speaking on behalf of her neighbors, read her written testimony, urged completion of the 2-year pilot program to collect data and requested additional meetings in Livermore. Mark Jaegel Jr., 9249 Tesla Road read his written testimony of support. Danny Schultz, Rosciano Farms, representing the Jaegels, spoke in support. Mike Picard, 5135 Andrade Road, Sunol, said he did not support neither cultivation nor dispensary and locations in rural areas; and expressed concerns re security, no community benefit, increased crime rate, and expansions. Brenda Morris, 7058 Morgan Territory Road, provided a summary of her written testimony-- location (two potential cultivation site borders and faces her property), deny amendments, maintain pilot program; expressed concerns re RFP process and urged a denial. Jayde Johnson, Elemental Wellness Center, read and submitted a letter in support. Lynn Allen, 4779 Cross Road, noted the existing traffic issues, expressed safety and decreased property value concerns and urged a continuance to allow more time for additional input from neighbors. Sam LaFortt, representing Rosciano Farms, spoke in support. Vicki Stadelman, Hastings Way, noted that supporters are those benefiting financially; opposed elimination of the pilot program and urged a denial. Stan Stadelman urged a continuance until completion of the pilot program.

4 PAGE 4 Alicia Guerra, on behalf of Sunol Ranch, summarized concerns as listed in their written response dispensaries in Agricultural Districts under Measure D in Sunol (date of an election to allow this use and now an expansion); and lack of an expansion analysis in IS/MND Addendum. Robert Raich, a cannabis attorney, noted inconsistencies with the State law re Section A-4 (page 12-13) and requested deletion of Subsection A.4. Jack Norton, cultivation permitee, also spoke in support of deletion of Subsection A.4. Public testimony was closed. Commission discussions ensued re location--suitable in industrial/commercial zones and site specific; clarification regarding the pilot program, and tax revenues. Commander Miles, Sheriff s Department, expressed concerns re quality of life, public safety, youth, crime and an expansion. Commission discussions continued re support of the pilot program, legal issues CEQA and Subsection A.4. - prior felonies; intent of the pilot program; and, requested clarification re pilot program vs. amendments, renewal of permits/length of permits and possible Commission actions. Commissioner Kelley made the motion to move staff recommendation for an approval including preservation of the pilot program and Commissioner Kastriotis seconded. Motion carried 3/1 with Commissioner Goff dissenting and Commissioners Ratto and Gin excused. Motion failed. The matter will be presented to the BOS. 5. PROPOSED AMENDMENTS TO THE ALAMEDA COUNTY ZONING ORDINANCE TO ALLOW MICROBREWERIES AND MICROBREWERY RELATED USES and TO ADOPT THE MITIGATED NEGATIVE DECLARATION Staff Planner: Sharon Grewal Commissioner Moore rejoined the hearing. Mr. Lopez presented the staff report, gave a brief update re January 29 th community meeting, the three draft ordinances and noted receipt of numerous comment letters. Commission discussion followed re opposition only from residents of Morrison Canyon Road and City of Fremont; recommendation of CVMAC re requirement to grow a product and concerns of precluding certain areas/roads. Public testimony was called for. Christopher George, 3163 Morrison Canyon Road, indicated that he has no intention of a brewery on his property. Carolyn Drybrae, Canyon Heights, stated that she had received information of a possible 1,200 sq.ft. microbrewery/event venue on top of Morrison Canyon Road which will result in increased traffic and parking with adverse effects to adjacent neighbors; and, expressed concerns re lack of notification. Suresh Bazaj, Tirso Street, submitted his written testimony in opposition adding that he would support Attachment A-3 and listed proposed modifications.

5 PAGE 5 Barbara Krishnan, 88 Palacio Ct, also expressed concerns re lack of notification and read her written testimony in support of microbreweries/public assembly venues with adequate access in A Districts through the CUP process. Monica Melville, Chrisholm Place, stated support for A-3 but with the CUP process in A District and CVMAC s recommendation. Sonali Vagholikar, 55 Calle Amigo Drive, also supported A-3 but with modifications adding that any expansion in scope will increase traffic--any other use than production facility should require a CUP, limit the number of microbreweries; and, require a CEQA analysis including a traffic study. Glenn Kirby, representing Sierra Club, Southern Group, felt that Alternative A-3 was the strongest and suggested reconsideration of the agricultural nexus issue. Larry Edelson, 507 Marr Place, provided background information (park/traffic) and expressed concerns re inadequate roads. Public testimony was closed. Commission discussion followed re nexus issue; Measure D; the three Alternatives; perhaps a microbrewery on Morrison Canyon Road (background information); public vs. private roads; deletion of the second sentence in Alternative A-1.E.1 re specific roads; tasting room (by right) vs. event center which requires a CUP; wineries vs. microbreweries (allowed by right); approval process of event centers; growing products on site vs. shipping; referrals to other communities; support for A-1 and A-2 with deletion of specific public roads; specific issues with tasting rooms currently; additional input from other communities and definition of adequate roads, access and capacity; tasting room requirements; and, perhaps a continuance for additional clarifications, language modifications and referrals to other communities for input. No action was taken and the matter was continued. STAFF COMMENTS & CORRESPONDENCE: None CHAIRS REPORT: The Chair reminded the Commission re Form 700 & Ethics Training. COMMISSION ANNOUNCEMENT, COMMENTS AND REPORTS: None ADJOURNMENT: There being no further business, Commissioner Moore moved to adjourn the meeting at 6:05 p.m. Commissioner Goff seconded the motion. The motion was carried 5/0. ALBERT LOPEZ, SECRETARY COUNTY PLANNING COMMISSION OF ALAMEDA COUNTY