Santa Rosa Planning Commission Regular Meeting – March 25, 2021: Brush Creek Appeal and Alternatives East Cannabis Use Permit
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Santa Rosa Planning Commission Regular Meeting – March 25, 2021
The Santa Rosa Planning Commission held a regular meeting on March 25, 2021, at 4:00 PM via Zoom. Commissioners present: Chair Karen Weeks, Vice Chair Julian Peterson, Commissioners Charles Carter, Vicki Duggan, Jeffrey Holton, and Jeff Okrepkie (6). Commissioner Akash Kalia was absent. The meeting included two major items continued from February 25, 2021: a report item on an appeal regarding property at 1900 Brush Creek Road and a public hearing on a conditional use permit for Alternatives East, a proposed cannabis retail facility.
Consent Calendar
- None.
Public Comments & Testimony
- General Public Comments: No speakers.
- 1900 Brush Creek Appeal (Item 9.1): The public comment period was opened and closed with no speakers from the public.
- Alternatives East Cannabis Use Permit (Item 9.2): Fourteen members of the public spoke. Seven expressed support, citing benefits for medical patients, convenience, and the applicant's track record. Seven opposed, raising concerns about neighborhood compatibility, traffic, odor, safety, and the applicant's credibility.
Discussion Items
9.1 1900 Brush Creek Appeal – Continued from February 25, 2021
- Background: Appeal of Planning Director determinations on compliance with the final map, building setbacks, and tree removal (heritage redwood) for a 1,253 sq ft addition built without permits at 1900 Brush Creek Road.
- Presenting Planner: Andrew Trippel presented staff analysis, concluding the addition meets zoning setbacks and the tree removal was authorized as part of development, requiring mitigation (replanting or in-lieu fee).
- Applicant (Property Owner): Representatives Rose Zoya and Tony Cabrera argued the addition conforms to code, the tree removal was necessary for development, and mitigation was correctly applied. They stressed the homeowners’ good faith and requested denial of the appeal.
- Appellant (Neighbor): Attorney Chris Skelton contended the building does not comply with front setback requirements (should be measured from the narrowest lot dimension) and that the tree removal was improperly handled, lacking proper arborist documentation and subject to a two-year permit moratorium.
- Commission Deliberation: Commissioners questioned staff on setback interpretation and tree ordinance enforcement. Staff clarified the front setback is based on the public right-of-way (Brush Creek Road) and the tree removal was evaluated as part of the building permit for development, not subject to an enforcement moratorium. The commission found the Planning Director’s determinations reasonable and consistent with objective standards.
9.2 Alternatives East Conditional Use Permit – Continued from February 25, 2021
- Proposal: Operate a 2,549 sq ft (amended to 2,449 sq ft) cannabis retail facility with delivery in an existing office building at 2300 Bethards Drive, Suite A. Hours: 9 AM – 9 PM, 7 days a week. No on-site consumption.
- Presenting Planner: Adam Ross presented, noting a noticing deficiency was corrected from the previous meeting. The project complies with zoning, setbacks (1,800 ft from nearest school), parking, and odor mitigation requirements. An amended site plan relocates the main entrance to face Bethards Drive for better visibility.
- Applicant (Alternatives East): Owner Karen Kissler described the business as a woman-owned, community-focused dispensary with 12 years of operation. She emphasized security, odor control, traffic estimates (45 peak trips), and offered to be a community liaison.
- Commission Deliberation: Questions focused on odor mitigation (carbon filtration, six-month checkups), private consultation room use (education, not consumption), traffic study changes (updated with local data), and noticing adequacy (deficiency cured). Commissioners acknowledged public concerns but found the project met all objective criteria under the city’s cannabis ordinance, which intentionally distributes dispensaries citywide.
Key Outcomes
- Item 9.1 – 1900 Brush Creek Appeal: Motion by Vice Chair Peterson, seconded by Commissioner Okrepkie, to adopt Resolution No. 12049 denying the appeal and upholding the Planning Director’s determinations. Passed 6-0 (Commissioner Kalia absent). Staff recommendation upheld; building permit processing may resume.
- Item 9.2 – Alternatives East Conditional Use Permit: Motion by Commissioner Duggan, seconded by Commissioner Holton, to adopt Resolution No. 12050 approving the conditional use permit with the amended site plan received March 25, 2021. Passed 6-0 (Commissioner Kalia absent). The permit allows cannabis retail and delivery at the site.
- Other: Minutes of February 25, 2021, were approved as submitted. The meeting adjourned at 7:31 PM to the next scheduled meeting on April 8, 2021.
Meeting Transcript
We can hear you. Thanks, Charles. Okay, good. Okay, we have it. We'll start in about two minutes. All right, Chair Weeks staff is ready when you are. Okay, thank you. All right. I am going to call the March 25th meeting of the Planning Commission to order. Um, and I'll read the following statements. Due to the provisions of the governor's executive orders N-25-20 and N-29-20, which suspends certain requirements of the Brown Act and the orders of the health officer of the county of Sonoma to shelter in place to minimize the spread of COVID 19. The planning commissioners will conduct today's meeting in a virtual setting using Zoom webinar. Commissioners and staff are participating from remote locations and or practicing appropriate social distancing. Members of the public may view and listen into the meeting as noted on the city's website and as also is noted on the agenda. Members of the public wishing to speak during item four, the public comment portion of the meeting, or during our public items, will be able to do so by raising their hand and will be given the ability to address the commission. And now Mr Post, if you would uh call the roll, please. Yes, let the record reflect that all commissioners are present except Commissioner Kelly. Thank you. Um we have approval of the minutes. Um they were attached from February 25th. Uh is are there any amendments to the minutes? Okay, so then uh they will be approved. Uh now we're going to the public comment portion of the meeting. And um, we're gonna open the public comment for any item that is not included on this meeting's agenda. If you wish to make a comment via Zoom, please select the raise hand button. If you are dialing in via telephone, please dial star nine to raise your hand. Each speaker will have three minutes. A countdown timer will appear for the convenience of the speaker and viewers. Please make sure to unmute yourself when you're invited to do so, and your microphone will be automatically muted at the end of that countdown. Mr. Host, do we have any public comments? Yes, we have a few raised hands. I do want to reiterate that if you wanted to speak on an item on the agenda. There will be a time for that when the agenda items called. Yes. So this is for items that is not on the agenda tonight. All right, got a couple of hands went down. We got one for Kelly. Nope. All hands have been lowered. Okay. Thank you. So wait, just one second to a couple seconds more. See if there's anybody else. Doesn't look like there is, so then uh that will close the public comment portion. Um I would like to make a statement of our purpose as a planning commission. Uh, this is something new we're going to be doing at each meeting. Um, the purpose of the planning commission is as follows. The planning commission is charged with carrying out the California planning and zoning laws in the city of Santa Rosa. Duties include implementing a plans, ordinances, and policies relating to land use matters, assisting in writing and implementing the general plan and area plans, holding public hearings, and acting on proposed changes to the zoning code, zoning map, general plan, tentative subdivision maps, and undertaking special planning studies as needed.
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