AgdaPkt 2016-05-23 Closed, Joint SA and PFA

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8.C. - Page 21 Chair Bondonno stated that currently Redwood City has permissive zoning, which means that if something is not explicitly permitted then by default it is not permitted. Currently there is no permissive zoning for this topic. Ms. Ramirez stated that state law allows delivery in any City that does not explicitly prohibit it. Chair Bondonno stated that the March 1 deadline is looming. He stated that there is an item going to City Council on this topic. He stated that he doesn't want the City to lose local control. He stated that Staff will receive some direction on the next steps from them. Ms. Ramirez stated that the City is considering putting forward an interim ordinance to put a moratorium on these activity in order to have something in place before March 1. He stated that Staff wants to recommend to the City Council a full zoning ordinance. He stated that Staff expects to go to the City Council on February 8 and February 22 for this ordinance, in order to adopt it before March 1. This would have something prohibiting, the urgency ordinance, and adopted, this ordinance, by March 1. Chair Bondonno stated that having this having this ordinance does not mean that the City won't be able to amend it. Ms. Ramirez stated that this is not the end of the discussion. She stated that other cities are taking a similar approach to meet the March 1 deadline. Commissioner Radcliffe ask if it could be adopted without Section 59.5. Ms. Ramirez stated that the City Attorney's biggest concern is cultivation, so if that is prohibited then the City will retain local control. In striking 59.5, under the new state law, deliveries will not be explicitly prohibited by the City's local ordinance, so the deliveries will be allowed. They can be regulated at a later time. Commissioner Schmidt agreed with Commissioner Radcliffe. He stated that he does not want to cut off deliveries to the people who need it. Chair Bondonno stated that this is an area that will need to be defined further in the future, and the scope of that discussion will be beyond land use and zoning. He stated that he would like to know what the City Council would recommend as far as policy on this matter. He stated that he would be comfortable adopting the ordinance as presented. He stated that the alternatives presented will still be possible on a more appropriate timeline. Commissioner Schmidt stated that he is comfortable recommending to the Council the carve-out of Section 59.5. Commissioner Hale agreed with Chair Bondonno. MOTION TO APPROVE RESOLUTION 16-02, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDWOOD CITY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ADOPT AN ORDINANCE AMENDING ARTICLE 59, THE REDWOOD CITY ZONING ORDINANCE, STRIKING 59.5. M/S (Radcliffe/Schmidt) Motion Passed 5-0 Page 8of9