HomeMy WebLinkAbout09142016 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
September 14, 2016
6:00 P.M.
1. CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS
UKIAH CIVIC CENTER, 300 SEMINARY AVENUE
2. ROLL CALL COMMISSIONERS WATT, HILLIKER,
CHRISTENSEN, SANDERS, CHAIR WHETZEL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the August 10, 2016 meeting will be included for review and
approval at the next regular Planning Commission meeting.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for
everyone to be heard, please limit your comments to three (3) minutes per
person and not more than ten (10) minutes per subject. The Brown Act
regulations do not allow action to be taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary
planning permits are final unless a written appeal, stating the reasons for the
appeal, is filed with the City Clerk within ten (10) days of the date the decision
was made. An interested party may appeal only if he or she appeared and
stated his or her position during the hearing on the decision from which the
appeal is taken. For items on this agenda, the appeal must be received by
September 26, 2016 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
9A. Proposed Medical Marijuana Ordinance.
Staff recommends the Planning Commission review, conduct a public hearing and
provide a recommendation of approval of the Marijuana Dispensary Ordinance to the
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a
meeting if any specific accommodations or interpreter services are needed in order for you to attend.The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)
463-6752 or(707)463-6207 to arrange accommodations.
City Council. The Ordinance would create a new section (,�5700) to the Municipal Code
establishing a Use Permit process and associated development and operational
standards for the establishment of Medical Marijuana Dispensaries.
10. PLANNING DIRECTOR'S REPORT
11. PLANNING COMMISSIONERS' REPORT
12. ADJOURNMENT
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a
meeting if any specific accommodations or interpreter services are needed in order for you to attend.The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)
463-6752 or(707)463-6207 to arrange accommodations.
1 UKIAH PLANNING COMMISSION
2 August 10, 2016
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Chair
7 Christopher Watt
8 Laura Christensen
9 Mark Hilliker
10 Linda Sanders
11
12 STAFF PRESENT OTHERS PRESENT
13 Kevin Thompson, Interim Planning Director Listed below, Respectively
14 Michelle Johnson, Assistant Planner
15 Ben Kageyama, Senior Civil Engineer
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at
20 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 4. APPROVAL OF MINUTES — The minutes from the May 11, 2016 and June 8, 2016 meeting are
27 included for review and approval.
28
29 M/S Sanders/Watt to approve May 11, 2016 meeting minutes, as submitted. Motion carried (5-0).
30
31 M/S Sanders/Christensen to approve June 8, 2016 meeting minutes, as submitted with Commissioner
32 Watts abstaining. Motion carried (4-0).
33
34 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
35
36 6. APPEAL PROCESS
37 Chair Whetzel read the appeal process. For matters heard at this meeting the final date to appeal is
38 August 22, 2016 at 5:00 p.m.
39
40 7. SITE VISIT VERIFICATION
41
42 8. VERIFICATION OF NOTICE-Confirmed by Staff.
43
44 9. PUBLIC HEARING
45 9A. CrossFit Firefly Major Site Development Permit, 510 South State Street,
46 File No.: 1944 SDP-PC. Consideration and possible action on a request for approval of a Major
47 Site Development Permit for the addition of a second story to an existing single story commercial
48 building to allow a group fitness studio; associated office space and equipment room; in an
49 existing commercial building at 510 South State Street, APN 003-031-41.
50
51 Associate Planner Johnson:
52 • Gave a staff report as provided for on pages 1-12 of the report and a PowerPoint presentation:
53 ■ Project description involves:
54 o Remodel and addition to existing vacant building.
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 1
1 o New fa�ade on both School and State Streets.
2 o Parking lot with eight vehicle parking spaces and one ADA Space.
3 o New trees and live landscaped areas.
4 o Indoor bicycle parking for 10.
5 o Improvements to School Street.
6 o New signage.
7 ■ Talked about the landscaping and parking and noted the landscaping and parking
8 includes two street trees, 4 parking lot trees and 275 plus live landscaping.
9 ■ Talked about the revised site plans, dated August 10, 2016.
10 ■ The following staff report revisions have been made to the Project:
11 o Total square footage of the building is 9,222 sq. ft., compared to the initial total
12 building area of 9,947 sq. ft. (5,750 sq. ft. addition to an existing 4,197 sq. ft.
13 building) and showed the revised square footage for the first and second floors of
14 facility.
15 o Total square footage of addition is 4,700 sq. ft. and requires 26 parking spaces
16 less 2 spaces for bicycle parking = 24 spaces. Unique circumstances associated
17 with the proposed CrossFit facility results in a demand for less parking than
18 would normally be expected. The CrossFit facility would normally require one
19 space per 350 sq. ft. The CrossFit facility is 9,372 sq. ft. and would require 26 on-
20 site parking spaces. A two parking space reduction is granted given the 10
21 proposed bicycle parking spaces to be located within the building. This reduces
22 the total parking requirement to 24 spaces. The proposed project will provide 11
23 parking spaces. The reduced number of parking spaces is adequate for the use
24 due to unique circumstances. (Project Condition of Approval #11 specifically
25 addresses the unique circumstances).
26 o As noted above, the applicants propose 11 vehicle parking spaces.
27 o Alternative parking plan.
28 o Parking exemption is for 13 vehicle parking spaces.
29 ■ The Project is consistent with the Ukiah General Plan with regard that it would 1) promote
30 local businesses to keep capital local. 2) Use landscaping to improve appearance. 3)
31 Provides pedestrian access within urbanized areas. 4) Proposed project improves the
32 appearance of Downtown and City gateway.
33 ■ The Project is consistent with the C-1 Community Commercial Zoning District with regard
34 to:
35 o Use, development standards, landscaping, bicycle parking, Airport Compatibility
36 Zone.
37 ■ Demonstrated location of parking for project and neighboring businesses with regard to
38 parking in proximity verifying there are two public parking lots (+/- 75 vehicle parking
39 spaces), there is ample street parking and public transit available.
40 ■ Related to the proposed parking exception pertinent to the CrossFit model indicates the
41 Project: 1) is in close proximity to public transit. 2) there is on-street parking available. 3)
42 facility is in close proximity to on-street parking. 4) facility is located in close proximity to
43 public parking. 5) provides for bicycle parking. 6) provides for enhanced pedestrian
44 improvements. Staff supports the applicants' request for a parking reduction based on the
45 related circumstances specifically addressed on pages 5 and 6 of the staff report.
46 ■ On July 14, 2016, the DRB unanimously recommended the Planning Commission
47 approve the Project.
48 ■ While staff has received many letters in support of the Project, Amy Cline and Cindy
49 Gunderson owners of Ukiah Uniforms expressed concern in their letter dated August 10,
50 2016, about CrossFit employees potentially taking away the available on-street parking
51 from their business and other businesses in the neighborhood and referred to this
52 correspondence. As such, the Planning Commission may want to consider requiring a
53 management plan that would address designated employee parking.
54 ■ Staff recommends approval based on the following:
55 o Revised draft Findings in attachment 1
56 o Revised draft Conditions of Approval in attachment 2:
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 2
1 From Planning Department
2
3 #3 The building shall not exceed 9,300 sq. ft.
4
5 From Public Works Department
6 #1 The right-of-way for School Street is 35 feet from the street centerline or
7 approximately 12 feet behind the face of curb. Parking improvements shall be
8 located on-site and not in the public right-of-way. A new minimum eight-foot wide
9 ADA compliant sidewalk shall be constructed along the School Street frontage,
10 including sidewalk depression at the driveway approach, new curb inlet Model
11 2'/z A (City Standard Drawing No. 404) on the south side of the driveway with
12 storm drain pipe, and curb and gutter replacement, to the satisfaction of the City
13 Engineer.
14
15 #2 A minimum of two street trees (Pistacia Chinensis) shall be located within five
16 feet of the back of School Street sidewalk in accordance with City Standard
17 Drawing No. 601).
18
19
20 Chair Whetrel:
21 • The building currently has two addresses and inquired if this will change.
22 • Requested clarification the Project is located outside the DZC designation.
23
24 Planning Assistant Johnson:
25 • Would defer the aforementioned question to applicant.
26 • Confirmed the proposed project is not only located outside the DZC but also outside of the
27 Downtown Parking District No.1. The project is actually one parcel away from being in the
28 Downtown Parking District No.1 where if this were the case, the applicants would not have to
29 provide for any parking.
30
31 Commissioner Sanders:
32 • Commended planning staff for doing a nice job on the project analysis and for highlighting the
33 rationale for the reduction in parking.
34 • Appreciates that the applicants talked with the neighbors about the Project.
35
36 Commissioner Watt:
37 • Requested clarification the proposed indoor bicycle parking complies with the City bicycle parking
38 requirements and asked what would occur if in the future a different business wants to come in at
39 the same location. How do the bicycle parking requirements for this project transfer and/or what is
40 the mechanism/process/procedure that allows such a transfer to occur?
41 • Related to the parking study conducted of the area looking at the usage of the public parking lots
42 and off-street parking in the area asked if the current occupancy/use of the public lots that are
43 mentioned for the project was actually a consideration.
44 • Asked about the zoning designations on the West side of School Street.
45 • In the future what would occur if a like business desires to use the existing building space does
46 the 24 space parking requirement still apply and/or does the existing parking exception `flow with
47 the land' to the new project such that the exception only pertains to the proposed development?
48 Requested clarification the proposed parking exception is only correlated with the proposed
49 CrossFit project.
50
51 Interim Planning Director Thompson:
52 • Would likely have to look at the bicycle parking requirements on a case-by-case basis and
53 possibly even so if the use is allowed.
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 3
1 • Confirmed a parking study was completed about 12 years ago and acknowledged not a lot has
2 changed in this regard. The study indicated the parking situation in the Downtown area is
3 underutilized, including the City parking lots.
4 • Related to a future-like business using the existing space whether or not the parking exception for
5 the CrossFit facility applies would likely be looked at/considered on a case-by-case basis whether
6 or not the project is a Use Permit, Site Development Permit and/or an allowed use by right.
7
8 Assistant Planner Johnson:
9 • Attachment 4 of the staff report from Google Maps shows the off-street and public parking
10 facilities in connection with the proposed project and referred to the photographs the applicants
11 took concerning off-street parking in the area where the proposed project is located that were
12 taken at different peak times of the day, i.e., 8:00 a.m./6:00 p.m. on different months and days of
13 the week. This shows how the different parking spaces are being used and the photos indicate
14 parking spaces are consistently available.
15 • Page 3 of the staff report addresses the zoning consistency. The subject property is located
16 within the boundaries of the C-1 (Community Commercial) zoning district. All the zoning directly
17 across from School Street is designated C-1 except for the parcel where the Ukiah Daily Journal
18 was formerly located. Specifically, page 4 of the staff report shows the different uses surrounding
19 the property.
20 • If a project is proposed for that same facility that is a like use with similar characteristics such as
21 the same number of participants per ratio of instructors, hours of operation and with no expansion
22 to the building footprint, etc., the argument could be made that it would be reasonable to
23 approve the project based on the existing parking exception. As such, a like use with the same
24 characteristics would still be operating in the same environment with the same exception. Would
25 have to clarify, however, the proposed project is not a Use Permit because exceptions for this
26 permit type `run with the land' unlike a Site Development Permit which is essentially a permit to
27 develop the site. The proposed project is not a Use Permit but rather a Site Development Permit.
28
29 Commissioner Watt:
30 • Requested clarification `the exception does not remove the requirement.'
31 • What would occur if the use was different such as if a restaurant moved into the building?
32 • Asked about the Downtown Parking District No.1 boundaries in relation to the Project. How do the
33 requirements for the Downtown Parking District No.1 affect those businesses mesh with the
34 proposed project and was this contemplated? Requested clarification there is no requirement
35 necessarily for those particular businesses adjacent to the proposed project that are located in
36 the Downtown Parking District No.1 to have to provide parking.
37 • Right now there is no parking requirement for what is currently existing for the building in the
38 Downtown Parking District No.1 but if someone wanted to increase a building footprint, the
39 project would have to account for the parking that would likely increase as a result of the
40 proposed building footprint expansion such that the project is no longer exempt.
41
42 Assistant Planner Johnson:
43 • The exception will go with a use that is of a similar nature so if a new business with a like use
44 having the same characteristics moves into the building the same exception would apply because
45 it would be an allowed use.
46 • The use would have to be identical and/or similar for the parking exception to apply as based
47 and/or provided for in the project conditions.
48 • Those businesses located in the Downtown Parking District No.1 are exempt from compliance
49 with the City of Ukiah parking standards. Related to how the Downtown Parking District No.1 and
50 corresponding requirements in connection with how parking for this project may be affected, staff
51 initially analyzed the project based upon on the premise that the subject property is one parcel
52 away from the Downtown Parking District No.1 making the argument the parking exemption does
53 not apply because of the proposed expansion of the building's footprint. One of the requirements
54 of the Downtown Parking District No.1 is that the building footprint to an existing building cannot
55 increase. The proposed project is located outside of the Downtown Parking District No.1 and is
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 4
1 therefore, subject to the City of Ukiah parking regulations in which an exception to the City
2 parking standards is being requested.
3 • Confirmed a building located in the Downtown Parking District No.1 is currently exempt from City
4 parking requirements unless the footprint of this particular building was to increase.
5
6 Interim Planning Director Thompson:
7 • The Downtown Parking District#1 boundaries are contiguous to the subject property.
8 • The parking for the Downtown require that either no parking needs to be provided if the storefront
9 of the building is not being expanded and the building is located in the Downtown Parking District
10 #1 or, if the building in the Downtown is located in the DZC district or C-1 zoning district, the
11 parking requirements vary. The Downtown Parking District No. 1 consists of PF, C-1, C-2, R-2,
12 DZC zoning. The proposed project is located in the C-1 (Community Commercial) zoning district
13 which requires for Personal Services and Personal Improvement Facility uses one parking space
14 for each 350 sq. ft. of gross leasable space, but this use may not be allowed in some of the
15 zoning districts and/or if allowed the parking requirements may vary.
16
17 Commissioner Hilliker:
18 • Asked about plans for protection of the windows on the either side of the building. Some
19 individuals like to break windows at street level.
20 • Also, has concern about potential damage and reoccurring damage to the building during hours
21 of non-operation and/or when the building is unoccupied.
22 • Asked about the proposed widening of the sidewalk and is this consistent with the rest of the
23 sidewalks in the neighborhood. Asked about other buildings that abut the subject property in
24 connection with proximity to the sidewalk on School Street.
25 • Asked about potential reuse of the building and future street improvements that may be required.
26 • Asked about the signs on the southern side of the proposed garden area requiring a permit to
27 park in this area.
28
29 Interim Planning Director Thompson:
30 • Sidewalk widths on School Street vary.
31 • Acknowledged there is a house that was converted to a commercial use that is located very close
32 to the sidewalk on School Street.
33 • The previous property owner leased the parking spaces in the garden area to the public. The
34 signs will be removed because the parking accommodations in this area are for use by the
35 proposed project.
36
37 Senior Civil Engineer Kageyama:
38 • Confirmed the sidewalk widths on School Street vary between 5 and 12 feet on School Street in
39 the neighborhood of the proposed project.
40 • It is unlikely that future street improvements would be required after the proposed project. City
41 Public Works initially recommended the existing sidewalk be widened. The applicant is proposing
42 a slightly narrower sidewalk that would be a minimum 8-foot wide ADA compliant sidewalk along
43 the School Street frontage, including sidewalk depression at the driveway approach, new curb
44 inlet on the south side of the driveway with storm drain pipe and curb and gutter replacement.
45
46 PUBLIC HEARING OPENED: 6:37 p.m.
47
48 Ferdinand Thieriot, Applicant:
49 • Related to the two addresses on the building, the intent is to have a School Street address since
50 this will become the front of the building. There has been discussion about eliminating the 510
51 and 512 South State Street addresses. Egress to the facility will be from School Street.
52
53 Chair Whetzel:
54 • Is there a plan for emergency exists?
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 5
1 • Requested clarification the State Street side of the building will only be used for 'exiting'
2 purposes.
3
4 Commissioner Sanders:
5 • Thanked the applicants for proposing a nice project.
6 • Inquired if the windows are 'see through' on School Street and State Street?
7 • Can the windows be opened on the upper floor?
8 • The proposed project is highly supported by the community and neighbors. Asked about the
9 business concern regarding parking and if there was outreach taken to address this concern.
10
11 Commissioner Watt:
12 • Referenced the letter from Amy Cline and Cindy Gunderson, business owners of Ukiah Uniforms,
13 dated August 10, 2016 expressing concern about employee parking and asked if the applicants
14 talked to them.
15
16 Ferdinand Thieriot:
17 • Confirmed two emergency exists will be provided.
18 • Confirmed the State Street side of the building will only be used to exit the building.
19 • On the State Street side of the building where people will be exercising in the space provided, the
20 lower windows may have shades or have plexyglass in them. Some people are sensitive to being
21 on display. The other windows will be translucent.
22 • Confirmed the windows on the upper floor can be opened and explained the design and how the
23 window works to allow for natural light.
24 • Talked with the concerned business neighbor and she did not know the direction of the building
25 was going to be changed. It will not be possible to access the building from State Street so this
26 will discourage people from walking around the perimeter of building. The issue concerning
27 parking has been resolved and the owners are pleased.
28 • Acknowledged the applicants talked to the owners of Ukiah Uniforms.
29
30 Tracy Thieriot, Applicant:
31 • Addressed the owners of Ukiah Uniforms and noted they were not familiar with the proposed
32 project. We, as applicants, talked to the owners about the project and how the building will be
33 updated. The issue the Ukiah Uniforms business owners have with the neighboring businesses
34 concerns employee parking. Employees want to park as close as they can to where they work so
35 they park in front of other businesses and this interferes with customers being able to easily
36 frequent a particular business. This is an ongoing issue. We were asked about the proposed
37 project and parking and were able to explain parking is being provided, we are upgrading the
38 entire back area on School Street with the intent to provide as much parking for the facility as
39 possible. The business owners were initially not understanding the issues we are dealing with in
40 terms of the parking calculations or building expansion. Explained to the business owners that in
41 order to comply with City parking regulations part of the building would have to be removed to fit
42 26 parking spaces.
43
44 Commissioner Watt:
45 • Related to business employees parking in front of other businesses, asked about how many
46 employees/instructors will CrossFit Firefly have?
47 • Where is CrossFit Firefly currently located?
48 • Asked about the parking issue, parking exception and how this might affect other businesses in
49 the area.
50 • Asked if CrossFit had 15 students and one or two instructors, that the space in front of the
51 property and in back of the property together with parking spaces provided should be able to
52 accommodate this number of persons?
53
54 Commissioner Christensen:
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 6
1 • Would the applicants be amenable to adding a condition that CrossFit Firefly puts in its employee
2 packet that employees as per their agreement must park in an employee designated parking
3 space.
4 • Requested clarification that to include a condition about employee designated parking would be
5 difficult to enforce?
6 • What kind of activities are going to occur outside in the parking lot area on School Street
7 crossfit-wise?
8 • If successful, would expanding the hours of operation be a consideration beyond 6:00 a.m. to
9 7:00 p.m.?
10 • Asked about the length of time for the classes.
11
12 Commissioner Hilliker:
13 • Is pleased with the project.
14 • Appreciates that the building is going to be upgraded and no longer an eyesore.
15 • Could not tell from the site plans if the facility will include saunas?
16 • Inquired when the applicants anticipate the facility will open.
17
18 Maureen Mulheren, Ukiah City Council:
19 • Advised she and Councilmember Brown are participating on a Downtown parking ad hoc
20 committee for City Council. A press release was sent out today concerning a public workshop for
21 parking in the Downtown that will be held at 6:00 p.m., August 23, 2016 at the Ukiah Conference
22 Center.
23 • While the project is located outside the Downtown Parking District No. 1, consideration is being
24 given concerning possibly adding diagonal parking on School Street versus the existing parallel
25 parking. It may be that diagonal parking can be extended further down on School Street to where
26 the Ukiah Daily Journal was formerly located. Each block allows for roughly four parking spaces
27 so a conversion to diagonal parking where feasible would increase the number of parking space
28 provided there are no curb cuts.
29 • During the Downtown parking workshop the intent is to address some of the parking issues
30 businesses have.
31
32 Ferdinand Thieriot:
33 • As owner, he will be present at CrossFit frequently and will skateboard to work. The business will
34 have trainers present and will have reserve parking for them.
35 • CrossFit Firefly exists only on paper. There are no paying clients at this time.
36 • Has observed the parking accommodations in the neighborhood at different hours of the day. He
37 understands the parking requirements and finds that parking is always available. Street parking is
38 public so anyone can park where he/she wants.
39 • Is of the opinion CrossFit can provide parking to accommodate 15 students and 2 instructors.
40 Classes are one hour long so the parking is not for long term.
41 • Does not know if he can designate parking for an employee on the street and be able to enforce
42 it. He can ask employees to park in designated and/or the same place on the street as much as is
43 possible as a courtesy to the neighboring businesses. Wants to focus on operating a business
44 and not policing parking for his facility.
45 • Confirmed requiring employee designated parking would be difficult to enforce.
46 • Explained what type of crossfit activities would occur in the contained area of the parking lot, i.e.,
47 sprinting, sled-pushing and/or other cumbersome activities related to crossfit-related exercises
48 that require space to perForm.
49 • Weekend hours may be added.
50 • Confirmed CrossFit classes are one hour except the lunch hour classes will be 30 minutes
51 allowing 30 minutes for the workout and 30 minutes to change and shower.
52 • The plans for remodel of the building have changed such that saunas are no longer part of the
53 plans and explained why.
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 7
1 • Related to the timeframe for getting started on revitalization of the building will depend upon the
2 permitting process. Is of the opinion construction should move along well. The remodel is not
3 complicated.
4
5 Interim Planning Director Thompson:
6 • Reiterated again the parking regulations in the DZC and/or other districts differ from the
7 Downtown Parking District No.1. The proposed project is not located in the Downtown Parking
8 District.
9
10 Chair Whetzel:
11 • It may be necessary to look at the Downtown Parking District No. 1 boundaries for possible
12 modification into commercial zoning designations.
13
14 PUBLIC HEARING CLOSED: 6:50 p.m.
15
16 Chair Whetzel:
17 • Likes the project.
18 • Parking is not going to be an issue. It looks as though City Council is looking at parking
19 accommodations in the Downtown and this is a good thing.
20 • With the proposed bicycle and the location of the CrossFit facility within walking distance and
21 somewhat centrally located is of the opinion parking for the project should not be a problem.
22 • Does not support the concept of conditioning the project to require that employee parking be
23 designated because this would be difficult to police/enforce.
24 • It may be important to look at certain commercially zoned parcels in terms of assessing whether
25 or not the parking is adequate should a project be proposed or business wants to expand.
26 • Supports project approval.
27
28 Commissioner Sanders:
29 • Attachment 4 of the staff report shows the on-off street parking from Google Map and this `says it
30 all' demonstrating parking for the Project should not be a problem. There are 75 +/- vacant
31 parking spaces available in terms of public parking.
32 • It is unlikely other businesses would be impacted with regard to parking by the proposed Project.
33 • Likes that the applicants took the time to talk to neighboring businesses about the Project.
34 • Does not support conditioning the project to require employee parking be designed and cited a
35 daycare facility at the Methodist Church where the same issue was discussed more or less as it
36 pertains to safety, but the Commission did determine that designating employee parking was not
37 necessary. Adults are capable of using good judgment or a Management Plan can effectively
38 address the matter of employee parking.
39 • Supports project approval.
40
41 Commissioner Watt:
42 • Recalls when the Tesla project was proposed public members complained there was not enough
43 parking available.
44 • Does not necessarily accept there are 75 vacant parking spaces available. There are 75 public
45 parking spaces and they get used at various times during the week. Given the way the CrossFit
46 business is setup with the number of students and instructors operating at the facility and the
47 number of parking spaces in the parking lot and on the street should sufficiently be able to
48 accommodate the crossfit use.
49 • Likes the Project.
50 • Supports project approval.
51
52 Commissioner Christensen:
53 • Is pleased the Commission addressed the matter of parking for the Project and is of the opinion
54 based on the business setup, hours of operation, number of clients and trainers parking for the
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 8
1 Project should not be a problem and supports the parking exception requested by the applicants
2 because it would not be possible to comply with the City parking standards.
3 • Supports the Downtown Parking Ad Hoc committee is looking at the parking accommodations in
4 the Downtown area with regard to the boundaries of the Downtown Parking District No. 1 and
5 make a determination whether or not modification to the boundaries would be beneficial since
6 businesses in this jurisdiction are exempt from the City Parking regulations and as such cannot
7 expand their building footprint. It may be that a business located on a parcel in the Downtown
8 Parking District No. 1 wants to expand the building footprint. Some of parcels depending upon
9 where they are located i.e., DZC, commercial zone, Downtown Parking District No. 1 cannot
10 comply with the City parking regulations for that particular zone. It may be beneficial to look at the
11 square footage per parking space to determine whether an adjustment should be done for the
12 parcels adjacent to the Downtown Parking District because what if a restaurant was proposed,
13 there would be a lot of tables where the project could never be adequately parked according to
14 City rules.
15 • Has observed there are really only four, one hour sessions what she would consider peak
16 Downtown parking hours, which are Monday through Friday, 8 a.m. to 5 p.m., so people will come
17 and go and it is not like they are going to leave their car parked on the street for long periods of
18 time, if they are parking on the street.
19 • Has been in the area at different times of the day and has never had a problem parking south of
20 the Alex Thomas Jr. Plaza. Parking is simply not an issue in this area.
21 • Supports approval of the project, is fine with the parking exception and is of the opinion parking
22 should not be an issue for the Project. The Project would be an improvement to the
23 neighborhood.
24
25 Commissioner Hilliker:
26 • Is pleased the applicants talked to the neighboring businesses about the Project.
27 • Likes the Project.
28 • Is of the opinion parking for the Project would not be an issue.
29 • Has not had a problem parking in this area of the Downtown.
30 • Expressed concern about the two trees located near the sidewalk on School Street and asked
31 who is responsible for maintenance.
32 • Supports project approval.
33
34 Interim Planning Director Thompson:
35 • The property owner would be responsible for maintenance of the trees.
36
37 M/S Sanders/Hilliker to approve CrossFit Firefly Major Site Development Permit, File No.: 1944 SDP-PC
38 with the revised Findings in Attachment 1 and revised Conditions of Approval in Attachment 2. Motion
39 carried (5-0).
40
41 10. PLANNING DIRECTOR'S REPORT
42 Interim Planning Director Thompson:
43 • The regularly scheduled Planning Commission meeting of August 24, 2016 is cancelled.
44 • City Council will again be looking at adopting the City budget at the next regular meeting. The
45 money budgeted for training purposes for the Planning Commissioners is included in the
46 proposed Planning Department budget.
47 • Advised that the Planning Commission will review the proposed Marijuana Dispensary Ordinance
48 in September with comments and potentially a recommendation to City Council.
49 • Advised of a proposed rezone of a parcel located in the Home Depot parking lot.
50 • Formally advised the Commission that Planning Director Stump has retired and he is the Interim
51 Planning Director. Planning staff is looking at the option of having an on-call planning service in
52 the event there is a need.
53 • Provided an update on the Costco project.
54
55 Commissioner Hilliker:
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 9
1 • Asked about the status of the housing project the Planning Commission approved on Gobbi
2 Street and Oak Street.
3
4 Interim Planning Director Thompson:
5 • The aforementioned project is not likely going to happen.
6
7 11. PLANNING COMMISSIONERS' REPORT
8 Commissioner Hilliker:
9 • Sees the PEP senior housing project is progressing and that the facility will be very`sturdy.'
10
11 Commissioner Sanders:
12 • The community needs more housing availability. Asked what the City can do facilitate more
13 housing opportunities and cited the PEP senior housing project as a good example.
14
15 Chair Whetzel:
16 • Asked if Planning staff can find out why MacDonalds on E. Perkins Street does not use the
17 second drive-thru facility that was approved as part of the project operation.
18
19 12. ADJOURNMENT
20 There being no further business, the meeting adjourned at 7:18 p.m.
21
22
23 Cathy Elawadly, Recording Secretary
24
25
26
27
28
29 FINAL USE PERMIT FINDINGS
30
31 CROSSFIT FIREFLY FINAL FINDINGS
32 MAJOR SITE DEVELOPMENT PERMIT
33 510 SOUTH STATE STREET
34 APN 003-031-41
35 FILE NO: MUNIS 1944
36
37
38 1. The Project, as conditioned, is consistent with the General Plan as described in the staff report,
39 including Table 1.
40
41 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in Table
42 2 of the staff report.
43
44 3. The Project, as conditioned, is consistent with the requirements for zone C (Common Traffic Pattern)
45 of Ukiah Municipal Airport Master Plan as described in the staff report and below:
46
47 A. Intensity of Development: The intensity of development of the site with the addition would
48 be similar to existing surrounding development. Many of the parcels in the area are
49 developed at close to 100% lot coverage with the building covering almost the entire parcel.
50 Other parcels in the area are developed with a building, onsite parking and a small amount of
51 landscaping similar to the proposed Project.
52
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 10
1 B. Allowed Uses: The intensity of the use is does not exceed other allowed uses within the "C"
2 designation including: intensive retail and manufacturing uses and multi-family uses.
3
4 C. Maximum Density: Based on a .26 of acre a maximum of 41 people would be allowed on
5 the site at any one time. The project description includes one class of 15 people and 2
6 employee's maximum.
7
8 D. Open Land: Based on an 11,600 square foot(.26 acre) parcel and 9,372 +/-square foot
9 building, approximately 80% of the parcel would be developed with building and structures,
10 leaving 15% as open land which meet the minimum requirement of 15% recommended open
11 land.
12
13 4. The location, size, and intensity of the proposed project will not create a hazardous or inconvenient
14 vehicular or pedestrian traffic pattern because the Department of Public Works has reviewed the
15 proposal and supports the project. The project proposes the widening of the sidewalk to 8' along
16 School Street, further enhancing pedestrian movement.
17
18 5. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on
19 adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses
20 because the on-site parking, as well as the off-site parking has not created hazards in the past and
21 would not create hazards if the proposed project is approved. This is primarily due to the low volume
22 of traffic on School Street, which provides access to the Crossfit parking lot.
23
24 6. The proposed project includes a modification to an existing building with a total building height of 24
25 feet, which is consistent with the maximum height requirement. The additional 4,850 square feet of
26 building area, new landscaping and parking lot would not restrict or cut out light and air on the
27 property, or on the property in the neighborhood; nor will it hinder the development or use of buildings
28 in the neighborhood, or impair the value thereof.
29
30 7. The proposed project is adjacent to (C-1) Community Commercial Zoning; therefore, the
31 improvements to the commercial structure will not have a substantial detrimental impact on the
32 character or value of any residential zoning district.
33
34 8. The proposed development will not excessively damage or destroy natural features, including trees,
35 shrubs, creeks, and the natural grade because the site currently does not have natural features. The
36 proposal includes the addition of landscaped areas with street tree species as provided for on the
37 City's approved list.
38
39 9. There is sufficient variety, creativity and articulation to the architecture and design of the structure and
40 grounds to avoid monotony and or a box-like uninteresting external appearance. The project involves
41 a two-story addition, a new fa�ade along both State and School Streets with a lively indoor/ outdoor
42 space along School Street. It has been reviewed by the City Design Review Board, who
43 unanimously found it to be a good fit for the block, and match the architecture of the neighborhood.
44
45 10. The proposed project is exempt from the provisions of CEQA pursuant to Section15301 Class 1 (e);
46 Additions to existing structures that do not exceed 10,000 square feet where all public services are
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 11
1 available and the project area is not environmentally sensitive. City staff has determined that all
2 public services are currently serving the site and are available to serve the site after the addition is
3 constructed. The site is characterized as infill with no significant plant or animal habitat value.
4
5 11. The Planning Commission has the authority to reduce the number of required parking spaces if the
6 finding can be made that an unusual circumstance is associated with the proposal that warrants a
7 reduction.
8
9 Unique circumstances associated with the proposed Crossfit facility results in a demand for less
10 parking than would normally be expected. The Crossfit facility would normally require 1 space per 350
11 square feet. The Crossfit facility is 9,372 square feet and would require 26 on-site parking spaces. A
12 two-parking space reduction is granted given the 10 proposed bicycle parking spaces to be located
13 within the building. This reduces the total parking requirement to 24 spaces. The proposed project will
14 provide 11 parking spaces. This reduced number of parking spaces is adequate for the proposed use
15 due to the following unique circumstances:
16
17 • The parking required by the Crossfit facility will occur when the on-street parking demand for
18 the surrounding businesses is at its lowest level. The time of use for the Crossfit facility is
19 Monday -Thursday 6:00 a.m. to 7:00 p.m. and Friday 6:00 a.m. to 3:00 p.m. with heaviest use
20 anticipated outside of regular business hours. Monday-Thursday three of six daily classes occur
21 outside of busiest times for surrounding uses from 6:00 a.m. to 10:00 a.m. and after 6:00 p.m.
22 During the day, from 2:00-4:00 p.m. Crossfit offers an "open gym" session which is limited to
23 one-on-one instruction.
24
25 • The Crossfit business model is different from an open gym in that patrons participate in guided
26 classes only, with a maximum size of 15 people per class one class at a time; thereby, limiting
27 the number of people in the facility at any given time.
28
29 • The need for on-site parking to serve the Crossfit Facility is further reduced because there is
30 ample street parking located along State Street, Seminary Avenue and School Street to serve
31 both the Crossfit facility and surrounding businesses.
32
33 • Mendocino County Transit Route 9 runs directly in front of the proposed business with a transit
34 stop within .25 miles.
35
36
37 FINAL CONDITIONS OF APPROVAL—USE PERMIT
38
39 CROSSFIT FIREFLY FINAL CONDITIONS OF APPROVAL
40 MAJOR SITE DEVELOPMENT PERMIT
41 510 SOUTH STATE STREET
42 APN 003-031-41
43 FILE NO: MUNIS 1944
44
45 General
46
47 1. Approval is granted for the 4,700 square foot addition to an existing building located at 510 South
48 State Street as described in the project description and associated materials submitted to the
49 Planning and Community Development Department and date stamped July 6, 2016 (description)
50 and August 3, 2016 and August 10, 2016 (revised plans).
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 12
1
2 2. Plans submitted for building permit shall be in substantial conformance with the plans
3 conditionally approved by the Planning Commission.
4
5 3. Signs require application for and approval of a Sign Permit from the Planning and Community
6 Development Department.
7
8 4. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m. to 4:00
9 p.m., unless specifically approved by the Public Works Director. Construction is prohibited on
10 Sundays and holidays recognized by the City of Ukiah, unless approved by the Public Works
11 Director. Interior construction is exempt from these hours provided that construction noise is not
12 audible at the project property lines.
13
14 5. On plans submitted for building permit these conditions of approval shall be included as notes on
15 the first sheet.
16
17 Standard City Conditions
18
19 1. This Site Development Permit can be revoked through the City's revocation process if the
20 approved project related to this Permit is not being conducted in compliance with these
21 stipulations and conditions of approval; or if the project is not established within two years of the
22 effective date of this approval; or if the established use for which the permit was granted has
23 ceased or has been suspended for 24 consecutive months.
24
25 2. This approval is not effective until the 10-day appeal period applicable to this Site Development
26 Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is
27 subject to the outcome of the appeal and shall be revised as necessary to comply with any
28 modifications, conditions, or requirements that were imposed as part of the appeal.
29
30 3. No permit or entitlement shall be deemed effective unless and until all fees and charges
31 applicable to this application and these conditions of approval have been paid in full.
32
33 4. The property owner shall obtain and maintain any permit or approval required by law, regulation,
34 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
35 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
36 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
37 and issued.
38
39 5. A copy of all conditions of this Site Development shall be provided to and be binding upon any
40 future purchaser, tenant, or other party of interest.
41
42 6. This approval is contingent upon agreement of the applicant and property owner and their agents,
43 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
44 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
45 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 13
1 aside, void or annul the approval of this application. This indemnification shall include, but not be
2 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
3 by any person or entity, including the applicant, arising out of or in connection with the City's
4 action on this application, whether or not there is concurrent passive or active negligence on the
5 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
6 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
7 remain in full force and effect.
8
9 7. Use of the facility shall not commence until all permits required for the approved use, including
10 but not limited to business license, building permit, or other have been applied for and
11 issued/finaled.
12
13 8. In addition to any other condition imposed, any construction shall comply with all building, fire,
14 electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the
15 time the Building Permit is approved and issued.
16
17 Planninq and Community Development
18
19 1. Prior to occupancy, the applicant shall install the proposed 10 bicycle parking spaces.
20 2. Any new exterior lighting shall be kept to a minimum to provide adequate security. All exterior
21 lighting fixtures shall be low wattage and recognized by and consistent with the fixtures endorsed
22 by the International Dark Sky Association. The exterior lighting fixtures shall be hooded and
23 downcast and shall not glare onto adjacent properties, streets or up towards the night sky.
24
25 3. The building with addition shall not exceed 9,300 sq. ft.
26
27 Fire Department Conditions
28
29 1. This project will be a great improvement to this area of our City. These improvements will require
30 a plan review by the Fire Marshal/ Prevention Office. Items such as a fully automatic fire sprinkler
31 system, monitored alarms, knox box (lockable key box), and properly installed fire extinguishers
32 shall be addressed during the plan check portion of this project.
33
34 Public Works Comments
35
36 1. The right-of-way for School Street is 35 feet from the street centerline or approximately 12 feet
37 behind the face of curb. Parking improvements shall be located on-site and not in the public
38 right-of-way. A new minimum 8-foot wide ADA compliant sidewalk shall be constructed along the
39 School Street frontage, including sidewalk depression at the driveway approach, new curb inlet
40 Model 2'/ZA (City Standard Drawing No. 404) on the south side of the driveway with storm drain
41 pipe, and curb and gutter replacement, to the satisfaction of the City Engineer.
42
43 2. A minimum of two street trees (Pistacia Chinensis) shall be located within 5 feet of the back of
44 School Street sidewalk in accordance with City Standard Drawing No. 601.
45
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 14
1 3. If new plumbing fixtures are proposed, City of Ukiah sewer connection fees shall apply and be
2 paid at the time of building permit issuance.
3
4 4. The existing sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105
5 and repaired or replaced if necessary prior to final inspection.
6
7 5. All work within the public right-of-way shall be performed by a licensed and properly insured
8 contractor. The contractor shall obtain an encroachment permit for work within this area or
9 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated
10 construction costs.
11
12 6. All driveway and parking areas shall be paved with asphaltic concrete, concrete, or other
13 alternative surfacing, subject to approval by the City Engineer.
14
15 7. An on-site drainage inlet in the parking area appears to connect to the City storm drain. Any
16 modification to the storm drain connection shall require an encroachment permit.
MINUTES OF THE PLANNING COMMISSION August 10, 2016
Page 15
ITEM NO. 9A
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
�•�•���•� plannin�@cityofukiah.com
(707) 463-6207
DATE: September 14, 2016
TO: Planning Commission
FROM: Kevin Thompson, Interim Planning and Community Development Director
SUBJECT: Proposed text amendment to the Municipal Code establishing a Marijuana
Dispensary Ordinance Use Permit and associated development and operating
standards for Medical Marijuana Dispensaries.
RECOMMENDATION
Staff recommends the Planning Commission review, conduct a public hearing and provide a
recommendation of approval of the Marijuana Dispensary Ordinance to the City Council. The
Ordinance would create a new section (§5700) to the Municipal Code establishing a Use Permit
process and associated development and operational standards for the establishment of
Medical Marijuana Dispensaries.
BACKGROUND
On October 9, 2015, the Governor signed into law AB 266, AB 243, and SB 643, which together
comprise the Medical Marijuana Regulation & Safety Act ("MMRSA"). The MMRSA, which went
into effect on January 1, 2016, created a statewide regulatory structure for the medical
marijuana industry that also allows local governments to regulate the operation of marijuana
businesses within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA
allows the City of Ukiah to issue permits or licenses to operate marijuana businesses or prohibit
their operation, to regulate or expressly prohibit the delivery of inedical marijuana within its
boundaries, and to regulate or expressly prohibit the cultivation of marijuana within its
boundaries. Pursuant to the MMRSA, if the City opts not to expressly prohibit or regulate the
cultivation, processing, delivery, and/or dispensing of inedical marijuana, the State will be the
sole licensing authority for these activities in the City.
Draft Marijuana Dispensary Ordinance
Planning Commission
September 14, 2016
1
The Ordinance was created through an Ad Hoc committee comprised of Council members
Mulheren and Brown, the City Manager, Planning Director, City Attorney, Assistant City
Attorney, and Chief of Police. The Ad Hoc committee was created by the City Council on July 1,
2015. The Ad Hoc committee was formed in response to (1) the enactment of the MMRSA -
specifically, to address any regulatory gaps in the City's current regulation of inedical marijuana
distribution, delivery, and cultivation that would allow for sole State jurisdiction over these
activities; and (2) to consider the City's policy objectives with regard to the medical marijuana
industry given the proliferation of inedical marijuana businesses within the County's
jurisdiction. Though the MMRSA was later amended in order to preserve local authority over
medical marijuana-related industry and activities or to give local government entities additional
time to adopt ordinances to regulate the operation of marijuana businesses, the City Council
thought it prudent to proceed with drafting and adopting an ordinance allowing and regulating
medical marijuana dispensaries and the operation of such businesses. Council member
Mulheren has stated that members of the Council have been approached by a number of local
residents who have inquired about the possibility of establishing and operating a medical
marijuana dispensary within the City limits. Mulheren and Brown believe that the City could
benefit from tax revenue derived from operation of dispensaries within the City limits, rather
than losing that tax revenue to dispensaries located immediately outside the City limits, under
Countyjurisdiction.
PROPOSED ORDINANCE:
The attached Ordinance establishes a process for the issuance of "Dispensary Use Permits." It
outlines, in detail, development and operational standards under which a dispensary Use
Permit will be evaluated and how a dispensary will operate. The Ordinance contains several
sections pertaining to all aspects of establishment and operation of dispensaries; below is a
summary of the sections that most pertain to land use and permitting.
The following is a summary of the major components of the Ordinance that pertain to land use
and permitting:
1. Dispensary Use Permit (§5703) - Anyone wishing to operate a Marijuana Dispensary
Ordinance must first obtain a Dispensary Use Permit approved and issued by the
Zoning Administrator. Upon receipt of the application, Planning Director will
evaluate the application using the criteria contained in the Ordinance. A public
hearing and noticing will be required in accordance with Section City Code §
9262(C)-(F) (See page 5 of Attachment 2).
2. Use Permit Renewal(§5704J - Use Permit holders are required to renew their permit
annually. The renewal process requires the Planning Director to use an extensive set
of rigorous criteria to determine if the permit should be extended. The criteria
Draft Marijuana Dispensary Ordinance
Planning Commission
September 14, 2016
2
includes but is not limited to: number of police calls, inadequate safeguard
procedures, failure to pay fees, etc. (See page 6 of Attachment 2).
3. Limits on Location (§5707) - Dispensaries will be allowed to operate upon approval
of the Dispensary Use Permit in the following Zoning Districts: Commercial 1 (C1)
Commercial 2 (C2), Neighborhood Commercial (NC), Manufacturing (M), Planned
Development (PD)(Commercial) General Urban (GU), Urban Center (UC), and
Downtown Core (DC). Within these zoning districts, the Ordinance provides citing
criteria including but not limited to: dispensary must be in a visible location with
good views of the entrance, cannot be within 250 feet of a youth-oriented facility,
not within or near any residentially zoned areas. (See page 8 of Attachment 2).
4. Operating Requirements (§5708) — Operating requirements include, but are not
limited to: dispensary applicants cannot have any felony convictions, employees
must be 18 or older, size of facility is limited to size deemed appropriate given
character of the neighborhood, controlled entry, admittance and restroom access,
inventory of plants and dried marijuana regulated by State law, medical card or
prescription required, no patient consumption on site, building code compliance for
fire walls and ventilation, retail sales is limited to (150 sq.ft.) and cultivation space
limited to (1,500 sq.ft.) (See page 8 of Attachment 2).
5. Application Preparation and Filing (§5709) - The Ordinance outlines the submittal
requirements needed to be considered for Dispensary Use Permit. Required
information includes but is not limited to: basic information about the applicant,
criminal background check, employee information, plans of operation, information
about the location, floor plan, site plan, security plan (See Attachment 2 page 14 for
a complete list of required items).
6. Appeals of Zoning Administrator Determination (§5712) — Planning Commission is
obligated to hear all appeals of the Zoning Administrator's determinations. (See
page 20 of Attachment 2).
7. Marijuana Delivery (§ 5717J - The delivery of marijuana will be allowed to qualified
patients and caregivers at their residence in the City but only from dispensaries
lawfully operating within City limits. Other home deliveries of marijuana are
prohibited.
PUBLIC NOTICE
The Notice of Intent (NOI) to adopt a Negative Declaration and public notice for the Planning
Commission public hearing was made available in the following manner:
Draft Marijuana Dispensary Ordinance
Planning Commission
September 14, 2016
3
■ posted at the County Clerk on August 19, 2016;
■ published in the Ukiah Daily Journal on August 21, 2016;
■ posted at the Civic Center (glass case) on August 19, 2016;
■ posted on the City's Web site August 19, 2016.
PUBLIC COMMENT
The comment period for the NOI was August 22, 2016, through September 12, 2016. No
comments were received from outside agencies or citizens.
FINDINGS
Based on the direction provided by the Planning Commission, staff will amend the draft
findings, if necessary, prior to City Council review of the proposed amendments. As set forth in
the draft Negative Declaration, Staff has concluded that the project is consistent with the City
of Ukiah General Plan, and the Ukiah City Code.
ATTACH M ENTS
1. Initial Study Negative Declaration dated August 22, 2016
2. Proposed Draft Marijuana Dispensary Ordinance
Draft Marijuana Dispensary Ordinance
Planning Commission
September 14, 2016
4
Ci k,ia�i
California En�ironmenta[ Quality Act
INITIAL ENVIRONMENTAL STUDY
AND
PR4P�SED NEGATIVE DECLARATI4N
PROPOSED
MEDICAL MARIJUANA DISPENSARY �RDINANCE
Prepared by:
City of Ukiah
Department of Planning and Community Der►elopment
300 Seminary Avenue, Ukiah, CA 95482
Table of Contents
1.0 INTRODIJCTION
1.1 CEQA Compliance
1.2 fncorparation by Reference
9.3 Purpose
�{.4 Determination of No Significank Impact
2.0 PROJECT DESCRIPTION
2.1 Project Location
2.2 Environrnental5etting
2.3 Background and History
2.4 Project CharacteristicslDescription
2.5 Praject Timing
2.6 Project �hjecti�es
2.7 Assumptions
3.0 ENVIRONMENTAL FACTORS POTENTfALL.Y AFFECTED AND DETERMINATION
3.�{ Environmental Factors Pflkentially Affected
3.2 Environmenkal Factors Clearly Not Affected
3.3 E�vironmental Determinatian
4.0 ENVIRONMENTAL ANALYSfS
4.1 Aesthetics
4.2 Utilities and 5ervice Syskems
4.3 Biological RESOUrces
�4.4 Public Services
4.5 L.and Use and Planning
4.6 Hydrology and Water Quality
4.7 Hazards and Hazardous Materials
5.0 CONC�USI�NS
5.'E Mandatory Findings of Significance
5.2 Mitigation Monitaring and Reporting Program
6.0 REFERENCES
Appendix
A. Draft Ordinance
CHAPTER 9.0—1NTRODUCTION AND PURPOSE
1.0 INTROD[ICTION
9.1 CEQA Compliance
Th� City of Ukiah Department of Planning and Community Deveiopment is the lead agency und�r
the California Environmental Quality Ack{CEQA}for the proposed Medical Marijuana Dispensary
Ordinance (Project} that would be located cikywide. In accordance with Section 15070 #�raugh
Sectian 15075, Negative Declaration Process, of the CEQA Guidelines, this Initial
StudylProposed Mitigated Negative Declaration has been prepared by the City of Ukiah. Section
15070 of the CEQA Guidelines states the following with the respect ta the �reparation of a
Mitigaked Negative Declaration:
"A public agency shall prepare or have prepared a proposed negative declaration or mitigated
negative declaratian for a project subject to CEQA when:
(a)The initial study shows that there is no substantiaf evidence, in light af the whale record before
the agency, that the project may have a signi�cant effect on the environment, or
(b)The initial study identi�es potentially significant effects, buk:
{1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a
proposed mitigated negative declarakion and initial sk�dy are released for public review would
avoid khe effects or mitigate the effects to a point where clearly no significant effect would occur,
and
{2)There is na substantial evidence, in lighk of the whole record befar�the agency that the project
as revised may have a significant effect on the en�iranment.
As prescribed in 5ection 15070, an Initial Study has been prepared that analyzes the potential
projeck-related impacts antic�pated to occur as a result of implementing the Final Closure and
Post Clasure Maintenance Plan for khe Ukiah Landfill as proPosed by the City of Ukiah. Pursuant
to Section 15071 of the CEQA Guidelines, the Initial StudylProposed Mitigated Negative
Declaration includes:
➢ A description of the proposed project(refer to Section 2.0};
➢ The location of the project{refer to Section 2.1);
➢ A list of the environmental factors potentially affecked by project implementation (Refer ta
Section 3.0};
➢ A camprehensive analysis of each en�ironmenta� topic included in the
County's environmental checklist (refer to Chapter�.0};
➢ A proposed finding that the projeck will not have a signi�cant effect on the en�ironment
(refer to Sectior� 5.1}; and
➢ Mitigation measures (refer to Section 5.2).
1.2 Incorporation by Reference
As allowed under 5ection 1515Q af the Skate CEQA Guidelines, this Initial Study incorporates the
�inal Marijuana Dispensary Ordinance by reference. The Ordinance was utilized during the
preparation of #he Initial Study. The relevant information a�dlor analysis that has beer�
incarparated by reference into this Initial 5tudy has been summarized. The Final marijuana
Dispensary Ordinance is a�ailable for review ak the City of iJkiah D�partment of Planning and
Community �evelopment locaked at 300 Seminary Avenue, Ukiah, Califamia, 95482.
1.3 Purpose
The Marijuana Dispensary Ordinance far the City of Ukiah prepared by the Ciky of Ukiah
Department of Planning and Community Development far submittal to the Ukiah City Council.
The environmental document that follaws is an Initial Study and Mitigated Negative Declaration
{[SIMND)for the Ukiah Marijuana Dispensary Ordinance project as propased by the City of Ukiah.
An initiak study is a preliminary analysis that is completed as part of khe project design and
assessment ko determine whekher an enviranmental impact report or negat€�e declaration must
be prepared to assess pokential environmental impacts in accordance wikh the Califarnia
Environmental Quality Act(CEQA}and State CEQA Guidelines(Seckion 15040 et seq.).The initial
study is intended to determine if th� pra�eck may have a significant effect on the en�ironment. A
negati�e declaration is a written statement that briefly describes the reasons why a praposed
project will not have a signiftcant effect on the environment and, therefore, does not require khe
preparation of an EIR.
As indicated above, the Ci#y of Ulciah is proposing to establish and implement regulations for
marijuana dispensaries, which will be implem�nted �pon the adoption of this document by the
City of Ukiah City Council. This study has besn prepared in accordance with the CEQA, Public
Resources Code 21000 et seq., and the State CEQA Guidelines, California Code of Regulations,
Sectian 15000 et seq. This document provides a description of the project setting and
characteristics and includes an en�ironmentai evaluation and checklist that identifes the potential
en�ironmental impacts associated with implementation of the propased Marijuana Dispensary
Ordinanc�, and includes a discussion of the checkiist responses and �ndings.
1.4 Determination of No Significant lmpacts
This Initial 5tudylMitigated Negative �eclaration has bee� prepared pursuant to Section i 5070
through Section 15075 of the CEQA Guidelines as prescribed in Section i.1, above. As indicated
in Chapter 5.0 of the document, no significant impacts will occur as a result of project
implementation with the incorpQratifln of appropriate mitigation measures into the final Ordinance
ko establish "self-mitigation." The City of Ukiah C�ty Council will consider the information
contained in this document prior to making a�nal decision on the proposed Marijuana Dispensary
Ordinance.
CHAp7�R 2.0— PROJECT DESCRiPTION
2.0 PROJECT DESCRIPTION
2.1 Project Location
The proposed Marijuana Dispensary Ordinance would apply to the following zoning districts: C1,
C2, M, PD(Commercial), GU, UC, and DC. Medical Marijuana Dispensaries would not be allowed
within residential zaning districts or within 250 fe�t o# a "Youth-Oriented facility" (school, public
park, church and licensed daycare facility}. The City is approximately 4.84 square mifes and is
comprised af 4,997 parcefs.
2.2 Environmental Setting
The City of Ukiah is the counky seat for Mendocino County and serves as the employment,
shoppin� and medical hub for the region. TF�e populatian is approximately �6,Q00 and swells to
appraximately 25,OOD-30,000 during a typical week day due to the in-migration of workers,
shoppers, visitors and those in need of inedical and other services. The City is densely urban
with three major creeks flowing west to east towards the Russian River. The City is well forest�d
for an urban environment and has an ample number of parks and associated apen spaces.
2.3 Background and History
In 2007, the City of Ukiah enacted Ordinance 1095, §1 ("Medical Marijuana Dispensaries
Ordinance"), which prohibited and declared a public nuisance medical marijuana dispensaries in
the City of Ukiah.
The 20Q7 Medical Marijuana Dispensaries Ordinance also s#ated the City Council's int�ntion was
to prohibit the operation and locakion of dispensaries in the City°until such time as their IegaEity is
clearly established and a proposal can be de�eloped that would sat satisfy the city council that
the facility could operate withaut causing serious adverse impacts".
On �ctober 9, 2D15, the Governor signed into law AB 266, AB 243, and SB 643, which fogether
campriss the Medical Marijuana Regulation & Safety Act {"MMRSA"). The MMRSA, which wen#
into effect on January 1, 2016 created a statewide regulatory structure for the medica[ marijuana
industry that also allows �ocal governments to regulate the operation of marijuana businesses
within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA allows the City of
Ukiah to issue permits or licenses to operate marijuana businesses or prohibit their aperation, to
regulate ar expressly prohibit the delivery of inedical marijuana within its boundaries, a�d to
regulate or expressly prohibit the cultiva#ion of marijuana within its boundaries. Pursuant to the
MMRSA, if the City opts not to expressly�rohibit ar regulate the cultivation, processing, de�ivery,
andlor dispensary of inedical marijuana, the State will be the sole licensing authariry for these
activities in the City.
To protect the public health, safety, and welfare, it is the desir� af the City Cauncil to modi#y the
City Code consistent with the MMP and khe MMRSA, regarding the location and operation of
medica! marijuana dispensaries, delivery of inedical marijuana within kt�e boundaries of the City,
and cultivation of inedica! marijuana within the baundaries af the City.
2.4 Project CharacteristicslDescription
The project is an ordinance reguEating medical marijusna dispensaries, distribution, and
cultivatian in order to promate the health, safety, morals, and general welfare of resident and
husinesses within the city. The ordinance req�ires a use permit to operate a dispensary and there
are timitations on the location of dispensaries-- required distances from yauth-oriented facilities,
parlcs, schoofs, or another disper�sary. There sr� also dispensary operating requirements,
application preparation and filing r�quirements, criteria for the review of dispensary us� permits,
us� permit processing requirements, and other requirem�nts.
2.5 Project Timing
The proposed Marijuana Dispensary Ordinance would go into full force and effect 3Q-days after
adoption by the City Council.
2.6 Pro�ect Objectives
D To provide reasonable regulatians for marijuana dispensaries, marijuana distribution,
and cultivation that woufd proteck the public's hea{th, safety, morals,and generaf weifare
of residents and businesses in the city.
➢ To provide regulations that are easy ta understand,�xplain to the public, and implsment.
➢ To pravide regulations that are enforceable.
2.7 Assumptions
➢ Future dispensaries would likely locate within existing commercial buildings similar to
other new retail uses. Constr�ction of new buildings to hause medical marijuana
dispensaries would require discretionary review and separate CEQA review.
➢ Simifar to oth�r communities of comparable sEZe such as Sebastopol and Arcata, it is
expected that if the proPased ordinance is adflpted there would not be a proliferation of
dispensaries. Due to market conditions and competition, it is assumed t�at not more than
a maximum of 3 dispensaries would locate within the city limits (Sebastopol and Arcata
have 1 dispensary each).
➢ Since grawing marijuana in dispensaries is limited to 1,5�0 square feet, it is assumed khat
waker use would be similar ta that of a typical 3-bedraom, 2-bakhroom single family
residence with two parents and twa childreniteenagers, lawns, two showers, a washing
machine, di�hwasher, sinks, and outdoor gardening space. The average water use for a
typical single family residence is 2D0 gallons per day.
CHAPTER 3.0—ENViRdNMENTAL FACTORS POTENTIAlLY AFFECTED AND
DETERM[NATION
3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND DETERMINATION
3.1 Environmental Factars Potentially Affected
The environmenta! analysis in Sectian 4.0 is pafterned after the Initial Study Checklist
recommende� by the CEQA Guidelines, as amended, and used by the Ci#y of Ukiah in its
environmenfal review pracess. For the preliminary�nvirflnmentaf assessment undertaken as part
of this Initial Study's preparatian, a determination that there is a potenkial for signifcant effects
indicates the need to mare fully analyze the development's impacts and to identify mitigation.
Chapter 4.0 (Environmental Analysis) analyzes the potential environmental impacks associated
with the proposed Marijuana Dispensary Ordinance project. The issue areas evaluated in this
Initial Study include:
�Aesthetics X
' Utilities and Ser�ice S�+stems X
� Biolo ical Resources X
Public 5ervices '� X
Land Use and Plannin X
H drolo r�and Water.Quali X
Hazards and Hazardous Materials X
For the evaluation of potential impacts, the questions in the Initial Study Checklist are stat�d and
an answer is provided according to the analysis undertaken as part of the lnitial Study. The
analysis considers the long term, direct, indirect, and cumulat�ve impacts of the development. To
each question, there are four p�ssible respanses:
➢ No Impact.The development will not have any measurable environmen#al impac#an the
environment.
➢ Less Than Signi�cant Impact.The de�elopment will have the potential for impacting the
environment, although this impact will be belaw established thresholds that are considered
to be signi�cant
➢ Less Than Significant Impact With Mitigation Incor�orated. The development will
have the potential to generate impacts, which may be cansidered as a significant effect
on the environment, although mitigation measures ar changes ko the developmenYs
physical or operational characteristics can reduce these impacts to levels that are less
than significant.
➢ Potentially Significant Impact. The developmenk could have impacts, which may be
considered significant, and therefore additional analysis is required to identify mitigation
measures that could reduce patentially significant impacts to less than significant leve[s.
Where potential impacts are anticipated to be significant, mitigati�n measures will be
required, such that impacks may be avoided or reduced to insignificant levels.
3.2 Environmental Factors Clearly Not Affected
T�e Initial Study found that it can be seen with certainty that the following issue sreas would nat
be signi�cantly impacted and therefare no analysis is required:
Aqric�lture and Forestrv Resources: There are no prime agricuEtural lands ar foreskry lands within
the City limits, therefore none would be impacted by the implementation af the proposed
Marijuana Dispensary ordinance.
Mineral Resourc�s: There are mineral resource extraction facilities and no known mineral
resources within the City iimits, therefore none would be affected by the implementation af the
proposed Marijuana Dispensary ordinance.
Noise: Research r��Eals that the vast majariky of existing medical marijuana dispensaries,
including all the dispensaries in Mendocino Cou�ty are op�rating withir� existing structures. It is
therefore assumed that if the ordinance is enacted, new dispensaries would apen in vacant retail
commercial or industrial space and no noise ordinance violating construction would occur.
The operation of retail medical marijuana dispensaries would be r�quired to compfy with the
existing City of Ukiah noise ordinance in the same manner as other retail businesses.
Population and Hflusinq: The proposed ordinance would regulate medical marijuana
dispensaries, diskribution, and cultivation of marijuana {within the dispensaries) and would not, in
and of itself cause the City's poPulation to increase. Nar would the ordinance affect housing in
any way because it would regulate retail businesses not residential properties.
Air QualitY and Greenhouse Gas Emissions: The proposed ordinance would not result in adverse
impacts to air quality because it would merely regulate c�rtain retail businesses, and based on
the small size of the city and its market area, as well as opportunities to establish oukside the city
limits, it is anticipated that anly a small number of dispensaries wou�d es#ablish within the city
limits. This has been the affect in ather communities such as Arcata, California. Therefore,
delivery vehicles associated with khe dispensaries would be limited and would not substantially
contribute ko air pollutants.
Cultural Resources: The City of Ukiah is a dense urban environment where the ground has been
significantly disturbed to allow urban developmenk far over 100 years. If inedical marijuana
dispensaries are established within the city as p�rmitted by the proposed ordinance, it is ass�med
that they would located within existing retail commercial space and therefore there no pr�historic
or historic cultural resources wauld be adversely impacked by the project.
Recreation: The City's formai recreation ser�ices and activities are primar�ly conducted in the
local parks and on schaol grounds. The ordinance s�ecifically prohibits the establishment of
medical marijuana dis�ensaries within 250 feet of these areas ka preclude impacts.
Geolapv and Soils: Research reveals that the vast majority of exis#ing medical marijuana
disper�saries, including all the dispensaries in Mendocino Caunty are operating within existing
str�ctures. It is therefore assumed that if the ordinance is enacted, new disp�nsaries wauld open
in vacank retail commercial space and no impacts to geology and soils would result. If a new
building was constructed to p�'ovide space for a medical marijuana dispensary, a geotechnical
soils investigation would be re�uired with the submittal of a building permit application as required
by khe California Building Code to ensure the geolagy and soils are adequate for th�development
of a foundation and building.
3.3 Environmental Determination
On the basis of this initial e�aluation:
X I find that the proPosed use COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATiON will be prepared.
( �nd that although the proposal could have a significant effect on the �nvironment, there
will not be a signi�cant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION wilf be prepared.
_ I find t�ak the proposal MAY have a significant eff�ct on th� environment, and an
ENVIR�NMENTAL IMPACT REPORT is required.
I find that #he proposal MAY have a significant effect(s) on the environment, 6ut at least
one effect 1) has been adequately analyzed in an earlier document pu�suant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the efFect is a "potentially signi�icant impact" or "potentially
significant unless mitigated." An ENViRONMENTAL [MPACT REPORT is required, but it must
analyze only the effects thak remain to be addressed.
I�nd that although the proposed project could have a signi�cant effect on the environment,
because all patentially signi�cant eff�ct (a) have been analyzed adequately in an earlier E1R or
NEGATIVE DECLARATION, pursuant to all applicable standards, and (b) ha�e been avaided or
mikigated pursuant ta that earlier EIR or NEGATIVE DEC�ARATION, including revisions ar
mi#igatian measures are imposed upon k�e proposed project, nothing further is required.
�... d� �� �
Signature Date
Kevin Thompson, Interim Direckar
Planning and Community Development
City of Ukiah
kthomr�sont�citvofukia h.com
plannin�l�citvofukiah.com
www.citvofukiah.com
CHAPTER 4.0—ENVIRONMENTAL ANALYSlS
4.0 ENVIRONMENTAI ANALYSIS
The Pu�ose of this Initial StudylProposed Mitigated Negativ� Declaration for the proposed Ukiah
M�dical Marijuana Dispensary Ordinance is to provide an analysis of th� pot�ntial environmental
consequences that are anticipated to occur as a resulk of implementakion of the ordinance in
accordance with the environmental review process as implemented by the City of Ukiah. The
analysis contained in#�is chapter includes a discussion of the anticipated impacts associat�d with
the implementation af the Ukiah Medical Marijuana Dispensary Ordinance as described in
Chapter 2.0 (Proj�c# Descripkion).
4.1 Aesthetics - Would the project:
Would the Project: Potentially Less Than Less Than No Impact
Significaat 5ignificant Significant
Impact Impact lmpact
with
Miti ation
a. Have a substantial ad�erse
effect an a scenic vista? 7C
b. Substantially damage scenic ;
resources, including, but
not limited to, tress, rock }(
outcroppings, and historic
huildings within a state scenic
fi�i hwa ?
c. Subsiantially degrade the
existing vis�al character or
quality of the sike and its � �C
surroundin s? ?
d. Create a new source of
substantial light or glare, which
wou�d adversely afFect day or X
nighttime�iews in the area?
Significance Criteria:
A project may be d�emed to have a significance adverse aesthetic impact if it results in any of
the follawing:
➢ Changes at the site substantially degrade the character of the sike, degrade an existing
public viewshed, or aEter the character of a public view shed �y the introductian af
anomalous structures or elemenks.
➢ Changes at the site would result in changes in the expectations of �iewers (measur�d
against t�e relati�e importance of those �iews) and would result in a negative impression
af the view shed. (The emphasis of this criterion is on views from public areas, not�iews
from individual lats unless view easements are involved.)
➢ Changes at the site substantially conflict with andlor da n�k uphold #he scenic and visual
quality objectives for development, as articulated in the County's General Plan goals,
objecti�es
Analysis:
a. Have a subsfantia!adverse effect on a scenic visZa7
No Impact. There are no officially desEgnated scenic vistas focated within or in close proximity to
the city limits, therefare nane would be ad�ersely impacted by a medical marijuana dispensary
retail store opening in an existing retai! business or industria! space. Sirnilar[y, if a building was
constructed within the dense urban city �nvironment to accommodate a medical marijuana
dispensary, it would not adversely impact any o�cial scenic vista b�cause non� exist in the city
or immediate vicinity.
b. Substantially damage scenic resources, including, but not limrted to, trees� rock
outcroppings, and historic buildings wifhrn a state scenic highway?
No Impact. There are no officially d�signated scenic resources ar state scenic highways within
or in close proximity to the city limits, therefore none would �e impactec� by the �stablishment of
a medical marijuana dispensary.
Even tF�ough the western hillside overlooking the Ciky of Ukiah is not designated as an official
scenic vista, an argument could be made tha#the vi�ws of these hills are important. The hiilside
area is zaned for rural residential development and therefore according ka the proposed ordinance
no medical marijuana dispensary cauld locate in this area of the community.
c. Su6sfantially degrade the existing visua! character or quality of the site and its
surroundings?
No lmpact. As noted above, it is expected that any propased medical marijuana dispensary that
establishes in the City pursuant to the provisions of the proposed ordinance would locate within
the existing building in the densely urban environment of the ciky and therefore nat create new
impacts to the visual character ar quality in the area. Also, as noked above, if a building was
construcked wikhin the der�se urban city enviranmenk to accommodate a medical marijuana
dispensary, it woufd be su�ject ko design review board and pfanning commission review, as well
as separate CEQA review, which would ensure that no new�isual impacts would resulk from the
project.
If a medical marijuana dispensary erects signs for its business, they woufd be required to comp[y
with existing sign regulations d�signed to protect the visual quality of commercial areas and
therefore would not degrade visual characker and quaCity of its sUrroundings.
d. Create a new source of substantial light or glare, which would advarsely affect day or
nighttime views in the area7
No Impact. As noted above, it is expected that any propased medical marijuana dispensary that
estahlisF�es in the City pursuant to the provisions of the proposed ordinance would locake within
#he existing building in the densely urban environment of the city and therefore not create light or
glare impacts. Nighttime and daytime views of the densely urban enviranment where medical
marijuana dispensary would locate are of buildings, signs, mo#or vehicles, trees, etc., and the
� Ukiah City Code prohibits substantial light and glare from businesses from shining inta streets. If
a building was canstructed within the dense urban city environment ta accommodate a medical
marijuana dispensary, it would be subject to desig� review board and planning commission
review, as well as separate CEQA review, which would �nsur� that nfl impacfs to daytime and
nighftime�isual resources wauld result from khe project.
Cumulative Impacts
Since no visual quality impacts would result from implementakion af the ardinance, none would
contrib�te cumulatively to the degradation of visual quality in the City of Ukiah.
M[tiga#ion Measures
Project implementation will nat result in any potentially significant visual impacts. Therefore, no
mitigation measures are required.
4.2 Utilities and Service Systems—Would the Project:
Would the Project: Aotentially Less Than Less Than No Impact
5ignificant Significant 5lgnificant
Impact Impact Impact
w[th
Miti ation
a. Exceed wastewater treatmenk
req�irements of the � X
applicable Regional Water
Quality Control Board?
3�. Require or result in the
construc#ian of new water or
wastewater treatment facilities or �
expansion of existing
facilities, the construction of
which could cause
significant environmental
effects?
c. Require or result in the
construction of new storm
water drainage facilities or }C
expansion of existing facilities,
the construction of which cou[d
cause significant �
environmental effects?
d. Have sufticient water supplies
a�ailable to serve the
proj�ct from existing entitlements X
and resources, or are new
or expanded entitlements
needed?
e. Result in a dekermination by
the wastewater kreatment
provider,which serves or may
serve the project that it has
adequate capacity to serve fhe X
project's projected demand
in addition to the provider's
existing
f. Be served by a landfll with
sufficient permitted capacity to !
accommodate the projeck's solid
waste disposal needs? X
f. Be served by a landfill with ,
sufficient permitted capacity to
accammodate the project's solid X
waste disposal
needs?
g. Comply with federal, state,
and local statutes and I X
regulations related to solid
waste?
Signi�cance Criteria:
The propas�d project wauld r�sult in significar�t adverse environmental impacts if any of the
following occur:
➢ The project-related d�mand caused an increase in was#ewater treatment that reached or
exceeded the current capacity of existing or planned treatm�n# facilities or caused a
reduction in the le�e1 of senrice, thereby requiring substantial expansion of exisking
facilities or the construction of new facilities.
➢ The propos�d project's use of water resources will substar�tially and adversely deplete
existing sources of domestic water.
➢ The proposed project will require the canstruction of new wat�r facilities beyond thase
already planned and the cost of which wauld not be borne by the applicant.
➢ The project wil! generate solid waste that exceeds khe capaciky of the landfill to accept and
disposal of the waste.
Analysis:
a. Exceed wastewater treatment requiremenfs of the applicable Regiorral Wafer Quality
Contro! Board?
No Impact. While the ordinance would permit some growing (and watering) af marijuana on-site
at a dispensary lacation, it could not exc�ed 1,500 square feet af area and must be contained
inside of the building. The ordinance also requires cultivation practices to ukilize the mast water
e�cient methods available, and the City �as the right to require annual reports on cultivation
faciliky practices including wat�r cans�rvatio� methods. Moreover, the ardinance requires the
cultivatian meth�ds to fully comply with all applicable stormwater, wastewater and building code
requirements.
b. Require or result in the constructian of new water or wastewater treatment facilifies or
expansiorr of exisfing facilrties, fhe construction of which could cause significant
environmental effectsT
No Impact. As noted above, dispensary cul#ivatian aperations are limited in size and water use
and would be reviewed by water and wastewater o�cials. A proposed dispensary wauld not be
allaw�d to be de�eloped if water and wastewaker facilities could not serve the proposal.
Moreover, based an the experiences of other similar sized cities such as Arcata and Sebastopal,
9t is reasonable to assume that the small market area af Ukiah would not result in a proliferatior�
of inedical marijuana dispensari�s. Accordingly, it is anticipaked that water and wastewater
services would be available to the few dispensaries that may be praposed in the City.
c. Require or result in fhe consfruction of new storm wafer drainage facilities or expansion
of existing facilities, the construction of which could cause signifrcant environmental
effects?
No Impact. Similar to abave, if the expected maximum amount of water to be used in the
c�lki�ation practices associated with a future disp�nsary was discharged from the sites into the
storm drain syskem, it would �e comparable to the runoff from a single family residenc�s.
Mareover, ik is anticipated tE�at new dispensaries wauld most likely be praposed in existing
buildings and therefore nok increase urban stormwater runoff. In all likelihood, the water used,
but not absorbed into the soil and plants wauld nok be discharged into the storm drain system, but
rakher into the wastewater system or drained to landscaping an the site. No impact to the storm
drain system is expected.
d Have su�cient water supplies available to serve the projecf from existing entitlements
and resources, or are new or expanded entitlements needed?
No Impact. Discussions with the City Public Works Department reveal that the City has the water
supply to serve the minor demand that would be created by marijuana disp�nsary cultivation
practices resulting from the proposed ordinance. This is based on the reasonable assumption
that khe small population and existing market area would not support more than a few
dispensaries. However, ever� if more t�an a f�w dispensaries were praposed, the Public Works
Department would determine if the City had the capacity to serve the proposed disp�nsary befare
granting approvaf just as it does with every proposed develapment projeck.
e. Result in a determination by fhe wastewater treatment provider, which serves or may
serve the project that it has adequate capacity to serve the projecf's projected demand in
addifion to the provider's existing commitments?
No fmpact. Discussions with the City Public Works Department reveal that the City has the
wastewater treakment capaciry to serve th� minor demand that wouid be created by marijuana
disp�nsary cultivation prac#ices resu{ting #rom the proposed orciinance. Th�s is based on the
reasonable assumption that the small population and existing market area would not support more
than a few dispensar+es. Howe�er, even if more than a few dispensaries were proposed, the
Public Works Department would dstermine if the City had khe capacity to serve the praposed
dispensary b�fore g�anting approval just as it does with every proposed de�elapm�nt project.
f. Se served by a land�ll wifh su�cient permitted capacrty#o accommodate fhe projecf's
solid waste disposal needs?
No Impact. The salid waste generated from an assumed maximum of three (3) marijuana
dispensary businssses is not expected to exceed what a typical retail bus+ness generates and
therefore would not adversely impact solid waste pick-up and disposa! operations. This was
con�rmed by the City Departmenk of Public Works staff. T#�is is based on the reasonable
assumption that medical marijuana dispensaries would not generate an unusual amount of soild
waste.
g. Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact. The salid waste generaked from future marijuana dispensary businesses is not
expected to be signi�cant and is required to comply wit� all federal, state and local laws related
to solid waste.
C�mulative Impacts
lt has been concluded thak the implemenkatian of the proposed marijuana dispensary ordinance
would resulk in minor waker usage, little or no discfi�arge of water inko the stormdrain system, and
litkle or no discharge inko the wastewater systems, and therefore no impacts to the City's utility
and services systems. These minor amounts of water use and discharge would be comparable
to approximatefy a typical single family r�sidences, which according to the Depar�ment of Public
Works wauld not result in cumulative impacts, when combined with known or fareseeable future
projects.
Mitigation Measures
Project implementation will not result in any potentially significank impacks to utilities and service
systems. Therefore, no mitigation measures are required.
4.3 Biological Resources - Wauld the project:
Would the Project: Potentially Less Than less�han No Impact
Signlficant Signtflcant Stgnificant
Impact Impact Impact
with
Mit�ation
a. Ha�e a substanteal adverse effect,
either directly or X
through habitat madifications,on
any species identified as
a candidate,sensi�fve,ar special
status species in
local or regional plans,policies,or
regulations,ar 6y the
Califomia Department of Fish and
Game or U.S.Fish and j
Wildlife 5eroice7
b.Have a substantial ad�erse effect
on any riparian�abitat '
or ather sensitive natural community ' x
identified in local or
� reglonal plans,policies, regulations
ar by the Califamia
� Qepartment of Fish and Game or
� U.B. Fish and Wildlife
� Service?
c. Have a substantial adverse effect
on federally proiected
wetlands as defined hy 5ection 404 ! �
of the Clean Water �
Act(including,but not limited to,
marsh,vemal pool,
coastal,etc.)thmugh direct remaval, '
filling,hydrological �
interruption,or oiher means? j
1
d. InterFere substantially with the
movement of any native
resident or migratory fish ar wildlife �
species or with
esta6lished native resident or
migratory wildlife corridars, ,
or�mpede the use of nat�ve wildlife �
nurse�sites? '
e.Conflict with any local policies or � �
ordinances protecting � �
biological resources,such as a tres 1
preservaUon policy or
ordinance?
f.Canilict with the provisions of an
adopted Wabifat
Canseroaiion Plan,Natural �
Communi Conservation
Plan,or ofher approved local,
regional,or state habita#
conservatian plan?
Significance Criteria:
The proposed project would result in signi�cant adverse environmental impacts if one or more af
th�fallowing conditions occur as a result of implernentation of the proposed project:
➢ Direct or incfirect loss of individuafs of a state- or federal-listed threatened or endangered
species.
➢ Substantial ad�erse effect on a rare plant or animal spECies.
➢ 5ubstantial ad�erse effect on a species or native plant or animal community.
➢ Subskantial adverse effect on a habitat of concern.
➢ Substantial adverse effect on a crit�cal, yet limiked, resource utiliz�d by state or federal
listed threatened or endangered species.
➢ Substantial ad�erse effect on the mo�em�nt of any resident or migratory �sh or wildlife
species.
Analysis:
a. Have a substantial adverse efiFect, erther directly or through habitat modifica�ions,
on any species identi�ed as a candidate,serrsrtrve,or special stafus specres in Iocal
or regional plarrs, policies, or regulations, or by the California Departmen# of Fish
and Game or U.S. Fish and Wildlife Servicel
No Impact. [t is expect�d that most, if not all future marijuana disPer�sary businesses would
locate in existing retail commercial buildings in tF�e dense urban environmenk and not involve
new construckion, and therefore would not adversely impact plant a�d animal habitats and
special species. However, if a new building were proposEd in the future, it wauld be subject
to discretionary review and patentia� impacts to plants and animals and their habitats wauld
be evaluated through separate CEQA re�iew.
b. Have a su6stantia!adverse effect on any riparian habitat or other sensirive natural
cvmmunity identified in local or regiona! plans, policies, regulations or by th�
California Department of Fish and Game or US. Fish and Wildlife 5ervice?
No Impact. It is expected that most, if not all future marijuana dispensary businesses would
locate in existing retail commercial buildings in the dense urban environment and not involve
new conskruction, and therefore would not adversely impact riparian habitats or okher sensitive
natural communities identi�ed ir� planning policy documents. Howe�er, if a new building were
proposed in the future, it would be sub�ect to discretionary review and potential impacts to
riparian ar�as. would be e�aluated through separate CEQA review.
c. Have a subsfantia! adverse effect on federally protected wetlands as defrned by
Section 404 of the Clean Water Act(including,but not limifed fo,marsh, vernal pool,
coastal, efc.) fhraugh direct removal, filling, hydrologica! in#errup#ion, or other
means?
No Impact. �k is expecked that most, if not all future marijuana dispensary businesses would
locate in existing retail commercial buildings in the dense urban environment and not involve
new canstruct€on, and therefore would not adversely impact wetland areas. However, if a new
bui�ding wete propased in the future, ik would be subject to discretionary review and Potential
impacts to wetlands would be e�aluaked through separate CEQA revi�w.
d. lnterfere substantially with #he movemerrt of any native resident or migratory frsh
or wildlife species or with esta6lished native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sitesl
No Impact. lt is expected that most, if not all future marijuana dispensary businesses would
locate in existing retail commercial buildings in the dense urban environment and nok involve
�ew construction, and therefore wauld not ad�ersely impact movements of any native anima[s
or�sh species, wildlife corridors, or impede the use of native wildiife nursery sites. However,
if a new building were proposed in the future, it would be subjec#to discretianary re�iew and
pfltential impacts ta movements of any native animals or fish species, wildlife corridors, or
impede the us� of native wildlife nursery sites would be evaluated thro�gh separate CEQA
review.
e. Conflict with any local policies or ordinances protecting biological resources, such
as a tree preservation policy or ordinance?
Na Impact. The City does not have any ardinances protecting biological resources, but do�s
have tree pratection policies. It is expected that most, if not ali future marijuana dispensary
businesses would focate in existing retail cammercial bui�dings in the dense urban
environment and not involve new conskruction, and th�refore would not violate t�e City's kree
protection policies. However, if a new building were propos�d in the future, it would be
subject to discretionary review and cansistency with the City's tree protection poficies would
be r�quired.
f. Conflict with the provisions of an edopfed Habitat Conservation Plan, Natural
Community Corrservatian Plan, or other approved local, regional, ar state habitat
conservation plan?
No Impact. Any#uture marij�ana dispensary permitted under the propased ordinance would
be lacaked within the city limits. There is no adopted Habitat Conservation Plan applicable to
the City of Ukiah and therefore none would he �iolated by the establishment of a marijuana
dispensary locating within an existing rekail commercial building or if it involved new
construction.
Cumulati�e Impacts
Since no potential biofogical impacts were identi�ed, none wauld contribute#o possible cumulative
impacts ta biolog�cal resources.
Mitigation Measures
Project implementatian wilf not result in any patentially significant biological resaurce impacks.
Therefore, no mikigation measures are required. _
4.4 Pub[ic Services—Wou[d the Project:
Wou1d the Project: Potentially Less Than Less Than No Impact
5i�nificant Signiflcant Sfgnlflcant
Impact lmpact lmpact
with
Miti ation
a.Would the praject resulf in
substantial adverse physical 7C
impacts associated with the
provision of new or
physically altered governmenta!
faciEities, need for new
or physically altered
governmental fac9lities, the
construckion of which could
cause significant
environmental impacts, in order
to maintain acceptable
service ratios, response times or
other performance
objecti�es for any of the public �
services:
1. Fire protection?
X
2. Poiice pratection
X
3. Schools?
X
4. Parks?
X
5. Other Facilities?
X
5ignifcance Criteria:
The proposeci project would result in signi�cant adverse environmenta� impacts if any of t�e
follawing occur:
D An increase in the demand for fire protection services ta such a degree thak accepted
service standards {e.g., manpawer, equipment, response t�mes, etc.) are not maintained.
➢ The inkerference with emergency response or evacuation p[an(s) in the community or not
provide internally consistent analysis or policies to guide future d�velopment.
➢ Expose people or structures to significant risk of loss, injury or death involvir�g wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wiidlands.
➢ Result in r�sponse times that exceed the Cour�ty's adopted maximum emergency
response criteria.
➢ An increase in the demand for law enforcement services to such a degree that accepted
service standards are not maintained without an increase in manpower andlor equipment.
Analysis:
a. 1 and 2. Would the project resulf in substantial adverse physr'cal impacts associa#ed
with the provision of new or physica!!y altered governmenta!facilifies,n�ed for new
or physically altered governmenfal facilifies, the construction of which could cause
signifrcant environmental impacts, in order to maintain accepfable service ratios,
response #rmes or other performance objectives for �re protection or police
protection?
No Impact. Any futur� marijua�a disper�sary khat includes indoor growing would require an
efectrical building permit for grow lighting and would be re�iewed by the City Building Official
and Fire Marshal far compliance with the State Electrical and Fire Cfldes. No construction
would be permitted that did not comply with th� State Electrica! and Fire Codes.
The City Police Department has assisted in the preparation of the proposed ordinance and as
a result, police protection concerns related to the lacation, intensity, aperations, land use
compatibility, etc. have been fully addressed by the standards and reguirements contained in
the ordinance.
b. 3 and a. Would the project resulf in su6stantia!adverse physica!impacfs assaciated
with the provision of new or physically altered governmental facilities, need for new
or physically altered goverrrmenta!facilities, the construction of which could cause
signi�cant environmenfal impacts, in order to maintain acceptabla service ratios,
response trmes or other performance objectives for schools and parks?
No Impact. The ordinance specifically mandates that future marijuar�a dispensary facilities be
located a minimum af 250 feet fram any school ar park to eliminate any potenkial impacts ko
these facilities.
c. 5. Would the project result in su6stantia!adverse physica!impacts assocr'ated with
the provision of new or physically altered governmenfal facilities, need for new or
physically altered governmental facilifies, the construction of which could cause
significant environmental impacts, in order fo mairr#ain acceptable service ratios,
response times or other performance objectives for other puhlic facilities?
. No Impact. The City Police and Fire Departmenks have r�viewed the prop�sed ordinance and
have conclud�d that psrmitting marijuana dispensaries in commercial and indus#rial zones
within the city, would not adversely impact their abilities ta pro�ide adequate service ar require
new or altered police or fire facilities to maintain acceptable response times or other
pertormance objectives.
Cumulative Impacts
Since no impacts to public services were identified, none would contribute to possible cumulative
impacts.
Mitigation Measures
Project implementation wili not result in any potentially signi�can# pu6lic service impacts.
Therefore, no mitigatEOn meas�res are required.
4.5 Land Use and P[anning—Would#he Project:
WouEd the Project: Potentially Less Than Less Than No Impact
Signlficant 5ignificant 5lgnificant
Impact Impact Impact
with
Mlti atian
a. Physically di�ide an �
established communit ? X
b. Conflict with any applicable
land use plan, policy,
or regulakion of an agency with
jurisdiction over X
, the project(incl�ding, buk not
limited to the general plan,
specific plan, local coastal
program, or zoning
ardinance}adopted for the
purpose of avoiding or
mitigating an en�ironmental
effect?
c. Conflict with any applicable
habitat conservation plan or X
natural community conservation
lan?
Significance Criteria:
The praposed praject wa�ld result in significant ad�erse environmental impacts if any of the
following occur:
➢ Physicafly divide an established community.
➢ Conflick with the County of Mendocino County General Plan or zoning ordinance.
➢ Conflict with the Habitat Conservation Plan for Mendocino County.
➢ Be incompatible with ad�acent land uses.
Analysis:
a. Physically divide an established community7
No Impact. It can be seen with certainty that if marijuana dispensary business establish wit�in an
existing rekai! commercial building or if a new building is constructed to accommodate such
business�s, the established community would not become divided.
b. Conflict with any applicable land use p{an, policy, or regulatian of an agency with
jurisdiction over the project (including, but nat limited to the genera� plan, specific
plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
No Impac#. The project would result in permitting a new type of r�tail business in tf�e City where
it is currently not fisted as a permitted business in the city code. Review of the general plan and
other applicable planning documents re�eals no conflict or inconsistency with adopted goals and
polices, or with other land use r�gulations.
c. Canflict with any applicable habitat conservation plan or natural community
conservation plan?
No Impack. As noted in the Biological resaurces section above, the City of Ukiah daes not have
a Habitat Canservation Pian or natural Communities Conservation Plan, so that none would be
adversely impact�d by khe proposed marijuana dispensary ordinance.
Cum�tlatir►e [mpacts
Since no impacts to land use planning were identified, none would contribute to passible
cumulaki�e impacts.
Mitigation Measures
Proj�ct implementation will not result in any potentially signi�cank land use planning impacts.
Therefore, no mitigation measures are required.
4.fi Hydrology and Water Quality�-Would the ProJect:
Would the Project: Potentially Less Than Less Than No Impact
5ignificant Slgniffcant Significant
Empact Impact Impact
with
Mitf ation
a.Violate any water quality
standards arwaske discharge X
requirements?
b.Violate any water quality
standards or wasks discharge X
re��irements?
c.Substantially daplete groundwater
supplies ar inlerfere subsiantialiy
with groundwater recharge such that
there
would he a net deficik in aquifer
volume or a lowering of the local X
groundwater table level{e.g.,the
productian rate of pre- existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
d.5ubstandally alter the ew�st[ng
drainage pattem of the site or area,
including through the alteration of
the
course of stream or river,ln a X
manner,which would result in
subskantial erosion or siltation on -
o�aff-site?
e.SubstanGally alter the existing
drainage pattem of the site or area,
including through the afteraGon of
the
course of a stream or river,or x
substantially fncrease#ha rate or
amaunt af surFace runaff in a
manner,which would result in
flooding on - or off- site?
f.Create or contribute runoff which
would exceed the capacity of X
existin or lanned storm
g.water drainage systems or provide
substan6al additional sources af
polluted runoff7 X
h.Othernise substantially degrade
water quaEity? X
i.Place housing within a 1 p0 -year
flood hazard as mapped on a
Federal Flood Hazard Boundary or
Flood X
Insurance Rate Map or other flaod
hazard delineation map?
j.Place structures wi#hin a i OD- year
f�ood hazard area which would
impede or redirect flood flows? .� X
k.lnundabon by seiche,tsunami,or
mudflow? X
I.ReSUIt in a potential for disc�►arge
of stormwaker
pollutants from areas of material
storage,vehicls or
equipment fueling,vehicle or x
equipment maintenance
(including washing),waste handling,
hazardous
materials handling ar storage,
�
delivery areas,loading ;
docks or oiher outdoor wark areas?
m.Result in the potential for
discharge or stormwater to X
affect the beneficia!uses of the
�eceivin waters?
n.Create the potential far significant
change in the flow X
�elocity or volume of starmwater
runoff to cause
environmental harm?
o.Creates insignificant increases in
erosion of the projeci X
site or surroundin areas?
Significance Criteria:
➢ The proposed project would r�sult in signi�cant adverse environmental impacts if one or
more of the following canditions occur as a resul# of implementation of the proposed
project:
➢ Substantial and adverse increased inundation, sedimentation andlor damage from water
forces to the subject project andlar a#her properties are caused by improvements such as
grading, constructian of barriers or skrucfures.
➢ Dev�lopment within the 100-year flood plain as delineated by FEMA that wauld expose
people andloc property ko potential seriaus injury andlor damage.
➢ Impervious surfaces incresse andlor div�rt storm water runoff that results in the inability
of t�e existing collectian and conveyance faciEities to accommodate the increased flows.
➢ Project implementation wil! cause a �iolation af water quality objectives for surface and
groundwater as established by the Water Quality Cantrol Plari and impede the exisking
benefcial uses of on-site surface waters ar off-site coastal waters as defined in khe Water
Quality Control P�an.
➢ A usable groundwater aquifer for municipal, priva#e, or agricultural purposes is
substantially and adversely affected by depfetion ot recharge.
➢ Storm water andlor induced runoff mixes with a tidal habitat or pond causing instability to
the existing water quality {e.g., reduction af salinity below 1fi ppm} which, in tum,
substantially and ad�ersely affecks the sensitive brackishlsalkwater marsh hab�tat by
allowing for the introduction and establishment of invasive fresh water species.
➢ Sediments are increased andlar diverted by praposed impravements and cause sediment
deposition in de�ned sensitive habitat areas (e.g., wetlands, jurisdictional waters} that
adversely affect ar significantly affect signi�cant habitat andlar sensiti�e species as
recognized by the applicab[e resource agericies.
Analysis;
A through o. lmpacts to local hydrology and water quality
Na Impact. Th� proposed mar�juana dispensary ordinance would allaw dispensaries to locate
within existing buildings andlor construct new bui[dings wikh the securing of a use permit. Given
the small market area, it is expected that only a few dispensaries would choose to locate within
the city limits. Dispensaries that located within existing buildings wo�ld not impact factors a
through o listed in the Table above because they would nat involve site grading or constructian,
or alteratians to drainage patterns, wetlands, or floodplains.
Construction of new buildings to house marijuana dispensaries wo�ld require discretionary review
and woufd be required to comply with alE city code requirements re�ated #a hydrology and
stormwater management, locaking outside flaodplains, environmental quality, as well as #he state
building cod�.
Cumulative [mpacts
5ince no impacts to hydrology ar�d water quaiity were identifed, none would contribute to possible
cumulativ� impacts.
Mitigation Measures
Project implemenkation will not result in any poten#ially significant nydrology or water quality
impacts. Therefore, no mit€gation measures are required.
4.7 Hazards and Hazardous Materials—Would th� Project:
Would tt�e Project: Patentially Less Than Less Than No lmpact
Significant Significant Significant
lmpact lmpact Impact
with
Miti ation
a. Create a significant hazard to
the public or the environment �
through the routine transport,
use, or disposal af hazardous
materials?
b.Create a significant hazard to
the public or the environment
through reasonably foreseesble
upset and accident conditinns
involving the release of , �
hazardous
materials inta the environment?
c. Emit hazardous emissions flr
handle hazardaus ar acufely �(
hazardous materials,
substances, or waste within one-
quarter mile of an existing or
proposed
school?
d. Be located on a site, which is
included an a list of hazardous
materials sites compiled
pursuant to Government Code �
Section 65962.5, and, as a
result, '
wouEd it create a signiflcant
hazard to the public or the
environment?
�. For a project lacated within an
airpart land use plan or, where
such a plan has not been
adopted, within two miles 7(
of a public airport or public use
airport, wauld the projeci
resulk in a safety hazard for
people residing or working in
the ro'ect area?
f. For a project within khe vicinity
of a pri�ate airstrip, would the
praj�ct result in a safety hazard }�
for people residing�r working in
the ra'eck area?
g. Impair implementation of ar
physically interfere with an �
adopfed emergency r�sponse �. �
plan or emergency e�acuation
lan? '
h. Expose people or structures ta
a significant risk of loss, injury or
death irnolving wildland fires, J{
including where wildlands are
adjacent ta urbanizeci areas or
where residences are inte�mixed
with wildlands?
Signi�cance Criteria:
TF�e proPosed project would result in signi�cant adverse en�ironmental impacts if one or more af
the following conditions occur as a result of implementation of the proposed project:
➢ Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials.
➢ Create a significant hazard to the public or the environment through r�asonably
foreseeable upset and accident conditians in�ofving the release of hazardous materials
into the environment.
➢ Emit hazardous emissians or handle hazardous ar acukely hazardous materials,
substances, ar waste within one-guarter mile of an existing or proposed school.
➢ Be iocated on a sike that is included on a list of hazardous materials sites compilsd
purs�ant to Government Code Section 65962.5 and, as a result,would create a signi�cant
hazard to the public or the environment.
➢ Result in a safety hazard for peaple residing or working in the project area if located within
twfl miles of a public airport ar public use airpart.
Ana[ysis:
a. Create a signi�cant hazard to the public or the environm�nt fhrough the routine
transport, use, or disposal of hazardous materialsT
No Impact. 5mall indaor marijuana cultivatian areas assaciated with dispensaries could
inval�e the use of fertilizers and insecticides. However,the smount and schedule of use would
be comparable ta a typical outdoor garden on a single family residential property and therefore
nat signi�cant.
b. Create a significant hazard to the public or the environment through reasona6ly
foreseeable upset and accident candifions involving the release of hazardous
materials info the environment?
No Impact. As indicated above, the minor use af fertiliz�rs and insecticides may occur in the
fukure dispensaries, but b�cause of limitatians an the size of growing ar�as and the number
of dispensaries would not resuft in significant hazardous conditions.
c. Emit hazardous emissions or handfe hazardous or acutely hazardaus materials,
substanc�s, or waste wrthin one-quar#er mile of an existing or proposed school?
No Impact. As in�icated above, the minor use of fertilizers and insecticides may accur in the
cultivation areas of future dispensaries, but because of limitations on the size of growing areas
and the number of dispensaries would not result in F�azardous emissions. These materials
are nat considered acukely hazardous.
d. Be Iocated orr a site, which is rncluded on a list of hazardous materials sites
compiled pursuant io Governmenf Code Section 65962.5, and, as a result, would it
create a significant hazard to the public or fhe enviranment?
No Impact. It is expected that future marijuana dispensaries would be located in existing rekail
commercial buildings and therefare not on any hazardous material site. Any newly proposed
building intended to house a disp�nsary would be subject to discretianary review and CEQA
compliance and would be evaluaked at thak time. Mareover, no hazardous sites included on
a list pursuant to Govemment Code Section 65962.5 exist within the city limits.
e. For a projec#located wifhin an airpart land use plan or, where such a plan has rrof
been adopfed, within fwo rniles of a public airport or public use airport, would fhe
project result in a safety hazard for people r�siding or working in the project area?
No lmpact. The city �as an A9rport Master Plan with density, heighk and open space
requiremer�ts i�tended to protect people, as well as tFre airpart. [t is expected that future
marijuana dispensaries would typical[y locate in existing buildings or construct small buildings
and would not in�olve large concentrations of people. They wauld function similar to
pharmacies and smali retail stores and therefore would not violake the iand use compatibility
standards contain in th�Airport Master Plan.
f. For a project within the vicinify of a private airstrip, would the project result in a
safety hazard for people residing or working in the project area7
Na Impact. (See Item e above)
g. lmpair implementation of or physically interfere with arr adopted emergency
response plan or emergency evacuafion plan?
No Impact. New marijuana dispensaries would aperate similar to pharmacies and small retail
stores and there#ore wauld not conflict or interfere with any adopted emergency response
plan.
h. Expose people or strucfures to a signiFcant risk of Ioss, injury or death involving
wildland frres, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact. Pursuant to the locations requirements contain�d in the propased ordinance, no
marijuana dispensary could be located in the western hillside area of the ciky,which is the only
Wildland Fire hazard designated area in the Ci�y.
Cumulative lmpacts
Since no impacts to hazards and hazardous materials were identified, none wauld contribute to
possible cumulative impacts.
Mifigation Measures
Project implementation will not result in any potentially significant hazards and hazardous rnaterial
impacks. Therefore, no mitigation measures are reguired.
CHAPTEF�5.0— CONCLUSIONS
5.0 CONCLUSIONS
The analysis contained in this Initial Enviranmental 5tudy reveals that the propos�d rr�edical
marijuana dispensary ordina�ce would not result in potentially significant adverse impacts on the
physical environment.
5.7 Mandatory Findings of Significance
Would the PCOjeCt: PotentEally Less Titan • Less Than No ImpaCt
Signiflcant Significant Signiflcant �
Impact Impact , Impact
wlth
Miti ation �
a, Does the project have the X
potential ko degrade#he quality �
af the environment, substantially �
reduce the habitat af a fish or �
wildlife species, cause a fish ar i
wildlife populatian to drop below �
self-sustaining le�els, fhreaken to �
eliminate a plant or animal
community,reduce the number
or restrict the range of a rare or
endangered plant or animal or
eliminate important examples of
the rnajar periods of Cal"�ornia
history or prehistory?
b. Does the project ha�e impacts �
that are individualfy limited, but }�
cumulatively considerable7 �
{"Cumu�atively considerable"
means that fhe incremental �
effects af a project are �
considerable when�iewed in �
connectian wikh fhe effects of �
past projects, the effects of other �
current projects, and the effects i
of probable future prajects)? �
I c. Does the project have ;
. environmenial effects,which wilk ; }(
� cause substantial adverse j
I effects nn human beings, either
� directly or indirectly?
lmpact Analysis
a. Daes the projecf have the potential to degrade the quality of the environment,
substantially reduce the habitat of a frsh or wildlife specres, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or
anima!community, reduce the number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the major periods of California
history or prehistory?
No. Based on the findings and conclusians contained in the Initial En�ironmer�tal Skudy,
the proposed medical mari�uana dispensary ordinance wouEd not have the patential ta
degrade the quality of the en�ironment, substantially reduce the habitat of a fish or wildlife
sPecies, cause a fish ar wildlife papulation to drop below self-sustaining levels, threaten
ta eliminate a plant or animal community, reduce th� number or restrict the range of a rare
or endangered plant or animal or eliminate im�ortant examples af the majflr periods of
Califarnia history or prehistory?
b. Does the project have impacts that are individually limited, but cumulatively
consrderable? ("Cumulatively considerable"means that the incremental effects of
a project are consid�rable when viewed in connection with the effects of past
projects, the ef�'ects af other currenf projects, and the effects of proba6le future
projects)?
No. Based on the findings and conclusions conkained in the lnitial Environmenfal Study,
the proposed medical marijuana dispensary ordinance woul� not Frave impacts that are
indi�iduaEly lim�ted, �ut cumulatively considerabEe? ("Cumulati�ely cansiderable° means
that the incrementa[ effects of a project are considerable when viewed in connection with
the effects of past projects, khe effects of other current projects, and the effects of probable
future projects}?
c. Does the project have environmental effects, which will cause subsfantial adverse
efifects on human beings, either directly or indirectly?
No. Based on the findings and conclusions contained in the Initial Enviranmental Study,
the proposed medical marijuana dispensary ordinanc� wauld not have environmental
effects, which will cause substantial ad�erse effects on human beings, either direct�y or
indirectly?
5.2 Mitigation Monitor[ng and Reporting Program
In accardance with the California Environmental Quality Act (CEQA}, the City of llkiah
Department af Plan�ing and Cammur�ity Development prepared a Negati�� Declarakion(ND}and
[nitial Study for the proposed project located citywid�. The Initial Environmenta[ Skudy and ND
indicated that no potential ad�erse enviranmenta[ impacts would result from the implementakion
of the praposed medicai marijuana dispensary ardinance.Th�refore no mitigation measures were
required or identified and a Mitigation Manitoring and Reporting program is not required.
CHAPTER &.0—REFEREIVCES
7.0 RE�ERENCES
�. Califamia Depar�mer�t of Canservation, Division of Land Resource Protection Farmland
Mapping and Manitaring Program—Mendocrna County—Impor�ant Farmland 2012, 5heet
2 of 2.-ftp://ftp.consrv.ca.gov/pu,b/dlrp/FMMP/pdf/2012/men12 so.pdf
2. California D�partment of Conservatian, �ivision af Mines and Geology—Special Studies
Zone, Ukiah Quadrangle. Dated January 1, 1982.
3. Cafifornia Depar#ment af Far�stry and Fire Pratection —Frre Hazard Severity Zones,
Mendocina County. November 2D07.
http:llfrap.�re.ca.go�lwebdatalmapslmendocinolfhszs map.23.pdf
4. Department of Transportation - Califomia 5cenic Highway Mapping System.
http:llwww.dot.ca.govlhqlLandArchlscenic highwayslindex.htm
5. Caunty of Mendocina— The Counfy of Mendocino General Plan. Adopted August 2009.
6. Caunty of Mendocino—Ukiah Valley Area Plan {UVAP). Adopted 2012
7. Federal Highway Administration -- Constructron Noise Handbook.
hktps:llwww.fhwa.dot.go�len�ironmentlnoiselconstructian_noiselhandbooklhandbook00.
cfm
8. Ukiah General i�lan and Growth Management Plan, 1995(20fl4120fl9—Housing Element)
www.cityofukiah_com
9. Ukiah Municipal Airport Master Plan. Adopted 1996.
10. Ukiah WalMart Expansion EIR. Certified 201p
11. Ukiah Coskco EIR. Certified 20'i2
i 2. Ukiah City Code—Medical Marijuana Dispensaries 5740-5703. Ordinance �095 adopted
2007.
13. Ukiah Municipal Service Review, LAFCo, 2012
14. Ukiah Urban Water Management Plan, 2010
15. Ukiah City Code Zoning Regulations, Division 9, Chapfer 2.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH
AMENDING CHAPTER 8 IN DIVISION 6 OF THE UHIAH CITY CODE,
ENTITLED "MEDICAL MARIJUANA DISPENSARIES"
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Chapter 8 in Division 6 of the Ulciah City Code is hereby amended to read as follows:
§ 5700 FINDINGS AND PURPOSE
The City Council adopts the ordinance codified in this Chapter based upon the following
findings:
(A) In 1970, congress enacted the Controlled Substances Act("CSA")which, among
other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the
United States.
(B) In 1996, the voters of the state of California approved Proposition 215, codified at
Health and Safety Code §11362.5 et seq. (the "Act").
(C) The Act creates a limited exception from criminalliability for seriously ill persons
who are in need of inedical marijuana for specified medical purposes and who obtain and use
medical marijuana under limited, specified circumstances.
(D) On January 1, 2004, SB 420 went into effect. SB 420, codified as Health and Safety
Code §§ 11362.7 — 11362.83 and known as the "Medical Marijuana Program" ("MMP") was
enacted by the state legislature to clarify the scope of the act and to allow cities and other
governing bodies to adopt and enforce rules and regulations consistent with SB 420.
(E) After the enactment of the MMP and in response to the MMP's explicit reservation of
local authority to regulate medical marijuana cultivation and distribution, the City Council took
legislative notice of the fact that California cities and counties that had permitted the
establishment of inedical marijuana dispensaries had experienced serious adverse impacts
associated with and resulting from such dispensaries, including an increase in crime, including
burglaries, robberies, violence, illegal sales of marijuana use of marijuana by minors and other
persons without medical need in the areas immediately surrounding such medical marijuana
dispensaries; and malodorous smells, indoor fire hazards, mold, fungus, and pests caused by
indoor cultivation at dispensaries.
(F) To address these potential adverse impacts, in 2007, the City Council enacted
Ordinance 1095, §1 ("Medical Marijuana Dispensaries Ordinance"), which prohibited and
declared a public nuisance medical marijuana dispensaries in the City of Ukiah.
1
(G) The 2007 Medical Marijuana Dispensaries Ordinance also states that the City
Council's intention is to prohibit the operation and location of dispensaries in the City"until
such time as their legality is clearly established and a proposal can be developed that would
satisfy the city council that the facility could operate without causing [serious adverse impacts]".
(H) On October 9, 2015, the Governor signed into law AB 266, AB 243, and SB 643,
which together comprise the Medical Marijuana Regulation& Safety Act ("MMRSA"). The
MMRSA, which went into effect on January 1, 2016, created a statewide regulatory structure for
the medical marijuana industry that also allows local governments to regulate the operation of
marijuana businesses within their jurisdiction, pursuant to local ordinances. Specifically, the
MMRSA allows the City of Ukiah to issue permits or licenses to operate marijuana businesses or
prohibit their operation, to regulate or expressly prohibit the delivery of inedical marijuana
within its boundaries, and to regulate or expressly prohibit the cultivation of marijuana within its
boundaries. Pursuant to the MMRSA, if the City opts not to expressly prohibit or regulate the
cultivation, processing, delivery, and/or dispensing of inedical marijuana, the State will be the
sole licensing authority for these activities in the City.
(I) To protect the public health, safety, and welfare, it is the desire of the City Council to
modify the City Code consistent with the MMP and the MMRSA, regarding the location and
operation of inedical marijuana dispensaries, delivery of inedical marijuana within the
boundaries of the City, and cultivation of inedical marijuana within the boundaries of the City.
(J) There have been a number of marijuana dispensing-related incidents in California,
some including acts of violence committed by persons without a legitimate medical need to use
marijuana.
(K) The City Council finds that medical marijuana dispensing which exceeds the
limitations set forth in these regulations will likely result in an unreasonable risk of crime and
other adverse impacts and will likely create offensive odors to persons living nearby.
(L) It is the City Council's intention that nothing in this Chapter shall be construed to (1)
allow persons to engage in conduct that endangers others or causes a public nuisance; (2) allow
the use of marijuana for non-medical purposes; or(3) allow any activity relating to the
distribution or consumption of marijuana that is otherwise illegal.
(M) Pursuant to California Health and Safety Code § 11362.71 et seq., the State
Department of Health through the state's counties, is to be responsible for establishing and
maintaining a voluntary medical marijuana identification card program for qualified patients and
primary caregivers.
(N) Health and Safety Code § 11362.71(b)requires every county health department, or its
designee, to implement a procedure to accept and process applications from those seeking to join
the identification program in the manner set forth in § 11362.71 et seq.
(0) This Chapter is compatible with the general objectives of the general plan, in that a
Medical Marijuana Dispensary use will be conditionally permitted in commercial and industrial
2
districts, being similar to other permitted and conditionally permitted uses, such as pharmacies
and medical clinics, and in that the use will be subject to strict review and conditions.
(P) This Chapter will not be detrimental to the public health, safety and general welfare
or adversely affect the orderly development of property, because the uses permitted under this
Chapter will be subject to careful review, limited in scope and location, and subject to strict
operating requirements, avoiding or limiting potential negative effects.
(Q) It is the purpose and intent of this Chapter to regulate medical marijuana
dispensaries in order to promote the health, safety, morals, and general welfare of residents and
businesses within the City.
§ 5701 INTERPRETATION AND APPLICABILITY_
(A) This ordinance is not intended to create a positive conflict with the CSA, but rather
to implement the MMRSA and related state laws.
(B)Nothing in this ordinance is intended, nor shall it be construed, to exempt any
marijuana related activity from any and all applicable local and state construction, electrical,
plumbing, land use, or any other building or land use standards or permitting requirements.
(C)Nothing is this ordinance is intended, nor shall it be construed, to make legal any
cultivation, transportation, sale, or other use of marijuana that is otherwise prohibited under
California law.
(D)All processing and distribution of inedical marijuana within city limits shall be
subject to the provisions of this Chapter, even if the processing, distribution, or cultivation
existed or occurred prior to adoption of this Chapter.
§ 5702 DEFINITIONS_
For the purpose of this Chapter, the following words and phrases shall have the following
meaning:
(A) "Accessory building" shall have the same meaning as set forth in City Code § 9278.
(B) "Applicant"means a person who is required to file an application for a permit under
this Chapter, including an individual owner, managing partner, officer of a corporation, or any
other operator, manager, employee, or agent of a Dispensary.
(C) "City"means the City of Ukiah.
(D) "Delivery" shall have the same definition as set forth in California Business and
Professions Code § 19300.5 and as it may be amended.
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(E) "Dispensary Use Permit" means a permit required to operate a Medical Marijuana
Dispensary within the City and that is issued pursuant to this Chapter.
(F) "Drug paraphernalia" or"paraphernalia" shall have the same definition as set forth in
City Code § 6071.
(G) "Identification card" shall have the same definition as in California Health and Safety
Code § 11362.7, and as it may be amended.
(H) "Medical Marijuana Dispensary" or"Dispensary"means a"Dispensary" as defined
in California Business and Professions Code § 19300.5, as it now reads or may be amended in
the future and includes any association, cooperative, affiliation, or collective of persons where
multiple qualified patients and/or primary care givers, are organized to provide education,
referral, or network services, and facilitation or assistance in the lawful, retail distribution of
medical marijuana. A Medical Marijuana Dispensary shall not include the dispensing of
marijuana by primary caregivers to qualified patients in the following locations and uses, as long
as the location of such uses are otherwise regulated by this Code or applicable law: a clinic
licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility
licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care
facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code, residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a
home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,
as long as any such use complies strictly with applicable law including, but not limited to, Health
and Safety Code § 11362.5 et seq., or a qualified patient's or caregiver's place of residence.
(I) "Off-Site" means an activity or accessory use that is related to the primary use—i.e.
lawful, retail distribution of inedical marijuana—but is not located on the same legal parcel as
the primary use.
(J) "On-Site" means an activity or accessory use that is related to the primary use—i.e.
lawful, retail distribution of inedical marijuana—but is located on the same legal parcel as the
primary use.
(K) "Permittee"means the person (1) to whom a Dispensary Use Permit is issued and(2)
who is identified in California Health and Safety Code § 11362.7, subdivision(c) or(d), or(e) or
��•
(L) "Person"means any individual,partnership, co-partnership, firm, association,joint
stock company, corporation, limited liability company or combination of the above in whatever
form or character.
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(M) "Person with an identification card" shall have the same definition as set forth in
California Health and Safety Code § 11362.7 , and as it may be amended.
(N) "Physician"means a licensed medical doctors (M.D.) and doctors of osteopathic
medicine (D.O.) as defined in the California Business and Professions Code.
(0) "Planning Director" means the Planning Director of the City of Ukiah or the
authorized representative thereof.
(P) "Primary caregiver" shall have the same definition as set forth in California Health
and Safety Code § 11362.7, and as it may be amended.
(Q) "Qualified patient" shall have the same definition as set forth California Health and
Safety Code § 11362.7, and as it may be amended.
(R) "School" means an institution of learning for minors, whether public or private,
offering a regular course of instruction required by the California Education Code. This
definition includes an elementary school, middle or junior high school, senior high school, or any
special institution of education, but it does not include a vocational or professional institution of
higher education, including any other college or university.
(S) "Use Permit" shall have the same definition as set forth in City Code § 9261 and as it
may be amended.
(T) "Youth-oriented facility"means a school,public park, church, and licensed daycare
facility.
(U) "Zoning Administrator"means the Zoning Administrator of the City of Ukiah or the
authorized representative thereof.
§ 5703 DISPENSARY USE PERMIT REQUIRED TO OPERATE.
(A) It is unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the City the operation of a
Medical Marijuana Dispensary unless the person first obtains and continues to maintain in full
force and effect a Dispensary Use Permit from the City as required in this Chapter.
(B) After January 1, 2018, or such time when State implementing regulations are in
effect for the MMRSA, whichever is earlier, it shall be unlawful to operate any business or
conduct any activity in the City for which a State license is required under the MMRSA without
also having a valid State license pursuant to the MMRSA. Prior to implementation of the State
license program pursuant to MMRSA, any operation of a Dispensary, cultivation of inedical
marijuana, or delivery of inedical marijuana permitted by the City shall be conducted in
accordance with this Chapter, the City's Zoning and Land Use Ordinances, and all laws
pertaining to the equivalent license classification under the MMRSA.
5
§ 5704 TERM OF PERMITS AND RENEWALS REQUIRED.
(A) Use Permits issued under this Chapter shall expire one year following the date of
their issuance which date shall appear on the face of the permit.
(B) Use Permits may be renewed by the Planning Director for additional one-year periods
upon application by the permittee, unless the permit is suspended or revoked in accordance with
the provisions of this Chapter.
(C) Applications for renewal shall be made at least 45 days before the expiration date of
the permit and shall be accompanied by the nonrefundable application fee referenced in Section
5706 and all information necessary for the Planning Director to evaluate the renewal request in
light of the criteria listed in (E)below. In acting on an application for renewal the Planning
Director shall follow the procedures set forth in Section 5711(B), except that all references
therein to the Zoning Administrator shall be deemed to refer to the Planning Director. Upon
timely application to renew a permit, the permit being renewed shall remain in effect until final
action is taken to grant or deny the renewal application.
(D) Applications for renewal made less than 45 days before the expiration date shall be
processed in the same manner as a timely renewal application but shall not stay the expiration
date of the permit.
(E) In determining whether to renew a Use Permit, the Planning Director will consider
the following non-exclusive criteria, in addition to those criteria set forth in this Chapter at §§
5709(G) and 5710:
1. Whether the Dispensary operated by the permittee has generated an excessive
number of calls for police service compared to similarly situated businesses of the
same size as the Dispensary.
2. Whether there have been excessive secondary criminal or public nuisance impacts
in the surrounding area or neighborhood, including, but not limited to,
disturbances of the peace, illegal drug activity, marijuana use in public,
harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd
conduct.
3. Whether the Dispensary operated by the permittee has a history of inadequate
safeguards or procedures that show it is likely that it will not comply with the
operating requirements and standards in this Chapter.
4. Whether the Dispensary has failed to pay fees,penalties, or taxes required by this
Code or has failed to comply with the production of records or other reporting
requirements of this Chapter.
5. Whether it appears that the permittee has, in its renewal application, provided a
false statement of material fact or has knowingly omitted a material fact.
6. Whether the renewal applicant or one or more of its officers, employees,partners,
managers or members with management responsibilities ("Managers") has been
convicted of a felony, or has engaged in misconduct that is substantially related to
the qualifications, functions or duties of a Dispensary operator. A conviction
6
within the meaning of this section means a plea or verdict of guilty, or a
conviction following a plea of nolo contendere. Notwithstanding the above, an
application shall not be denied solely on the basis that the applicant or any
Manager has been convicted of a felony, if the person convicted has obtained a
certificate of rehabilitation (expungement of felony record)under California law
or under a similar federal statute or state law where the expungement was granted.
7. Whether the renewal applicant or Dispensary has previously or is currently
engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
(F) The Planning Director shall make findings of fact and either grant or deny the
application for renewal of a Dispensary Use Permit. An applicant aggrieved by the Planning
Director's decision to issue or to deny a Dispensary Use Permit renewal may appeal such
decision to the Planning Commission by filing an appeal. All determinations of the Planning
Director regarding Dispensary Use Permit renewals shall be final unless a written appeal, stating
the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City
Council from time to time, are filed with the Planning Department within ten(10) days of the
date the decision was made. The appeal fee will be in addition to the nonrefundable renewal
application fee. Appeals may be filed by an applicant or any interested party. An interested party
may appeal only if he or she appeared and stated his or her position during the hearing on the
decision from which the appeal is taken.
The Planning Commission shall conduct a duly noticed public hearing on the appeal in
accordance to the applicable procedures as set forth in Division 9, Chapter 2, Article 20 of the
City Code. At the close of the public hearing, the Planning Commission may affirm, reverse, or
modify the appealed decision of the Planning Director. All Planning Commission decisions on
appeals of the Planning Director's decision with regard to an application for a Dispensary Use
Permit renewal are final for the City.
§ 5705 GENERAL TAX LIABILITY_
As a prerequisite to obtaining a permit pursuant to the terms hereof, an operator of a
Dispensary shall also be required to apply for and obtain a Business License or exemptionfrom
the City of Ukiah and obtain a seller's permit or exemption from the State Board of Equalization
pursuant to Division 2, Part 2, Chapter 2, Article 2 of the Cal. Revenue and Taxation Code,
commencing with Section 6066e. Dispensary sales shall be subject to sales tax consistent with
State law.
§ 5706 IMPOSITION OF FEES.
Every application for a Dispensary Use Permit or renewal shall be accompanied by an
application fee, as established by resolution of the City Council from time to time. This
application or renewal fee shall not include fingerprinting, photographing, and background check
costs and shall be in addition to any other business license fee or permit fee imposed by this
Code or other governmental agencies. Fingerprinting, photographing, and background check fees
will be as established by resolution adopted by the City Council from time to time.
7
§ 5707 LIMITATION ON LOCATION OF DISPENSARY.
(A) A Dispensary may only be located within the C1, C2, CN, M, and PD (Commercial)
zoning districts and in the GU, UC, and DC downtown zoning districts as designated in the
General Plan, Zoning Map, and Downtown Zoning Code Zoning Map.
(B) A Dispensary shall be in a visible location that provides good views of the
Dispensary entrance, windows and premises from a public street.
(C) A Dispensary shall not be allowed in the following areas at the time of its permitted
establishment:
(1) Within 250 feet, measured by street frontage and not radial distance, of a
youth-oriented facility, a school, a park, or another Dispensary; or
(2) Abutting, on any side of the parcel upon which the Dispensary is located, a
parcel occupied by a youth-oriented facility, a school, a park, or another Dispensary; or
(3) Within any residential zoned parcel or primary land use, or any property with
an underlying residential or mobile homes general plan land use designation.
(4) On a parcel having a residential unit, or on a parcel directly abutting a
residentially-zoned property, unless there are intervening non-residential uses between
the Dispensary and the residential unit or the residentially-zoned property that the Zoning
Administrator or, on appeal, the Planning Commission determines sufficient to provide
an appropriate separation.
(D) The distance between a Dispensary and above listed uses shall be made in a straight
line, along street frontage, from the boundary line of the property on which the Dispensary is
located to the boundary of the property on which the facility, building or structure, or portion of
the building or structure, in which the above listed use occurs or is located.
(E) A waiver of the provisions in subsection (C) of this Section may be granted if the
applicant demonstrates on plans and materials presented for review and the Zoning
Administrator or, on appeal, the Planning Commission determines that a physical barrier or
similar condition exists which achieves the same purpose and intent as the distance separation
requirements established herein.
§ 5708 OPERATING REQUIREMENTS.
Dispensary operations shall be established and managed only in compliance with the
following standards:
(A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or
any person exercising managerial authority of a Dispensary on behalf of the applicant shall not
have been convicted of any of the felony offenses enumerated in Health and Safety Code §
8
19323(b)(5), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug
offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee.
A conviction within the meaning of this Section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere.
(B) Minors.
(1) It is unlawful for any permittee, operator, or other person in charge of any
Dispensary to employ any person who is not at least 18 years of age.
(2)Persons under the age of 18 shall not be allowed on the premises of a
Dispensary unless they are a qualified patient or a primary caregiver, and they are in the
presence of their parent or guardian for the first visit. (3) The entrance to a Dispensary
shall be clearly and legibly posted with a notice indicating that persons under the age of
18 are precluded from entering the premises unless they are a qualified patient or a
primary caregiver, and they are in the presence of their parent or guardian for the first
visit.
(4) The burden of proof is on the Dispensary personnel to establish compliance
with this subsection (B) by clear and convincing evidence.
(D) Dispensary Size and Access.
(1) Dispensary size shall be limited, as deemed appropriate and necessary, to best
serve patient needs within the intent of this Chapter and reduce potential adverse impacts
that might otherwise occur on surrounding neighborhoods, businesses and demands on
City services.
(2) A Dispensary shall not be increased in size (i.e., floor area or number of
patients) without a prior approval amending the existing Dispensary Use Permit.
(3) The entrance into the Dispensary building shall be locked at all times with
entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a
vestibule is highly encouraged. A viewer shall be installed in the door that allows
maximum angle of view of the exterior entrance.
(4) Dispensary personnel shall monitor site activity, control loitering and site
access.
(5) Only Dispensary staff, primary caregivers, qualified patients and persons with
bona fide purposes for visiting the site shall be permitted at a Dispensary.
(6) Potential patients or caregivers shall not visit a Dispensary without first having
obtained a valid written recommendation from their physician recommending use of
medical marijuana.
(7) Only a primary caregiver and qualified patient shall be permitted in the
designated dispensing area with Dispensary personnel. All other authorized visitors shall
remain in the designated waiting area in the front entrance/lobby.
(8) Restrooms shall remain locked and under the control of management.
(E) Dispensing Operations.
(1)A Dispensary shall dispense medical marijuana to meet monthly medication
needs of qualified patients, similar to typical pharmacy operations. The Dispensary shall
strongly discourage and avoid daily or weekly visits by patients as a routine practice. The
Dispensary may possess no more dried marijuana or plants per qualified patient or
9
caregiver than permitted in strict accordance with California Health and Safety Code §
11362.77 and any other applicable State law, and as amended.
(2)A Dispensary shall only dispense to qualified patients or caregivers with:
(a) a currently valid physician's approval or recommendation in
compliance with the criteria in California Health and Safety Code § 11362.5 et
seq. and valid official identification, such as a Department of Motor Vehicles
driver's license or State Identification Card, ar
(b) a currently valid California Medical Marijuana Identification Card or a
Patient ID Center ldentification Card.
(3)For qualified patients or caregivers without a California Medical Marijuana
Identification Card or a Patient ID Center ldentification Card, prior to dispensing medical
marijuana, the Dispensary shall obtain verbal, online, or signed verification from the
recommending physician's office personnel that the individual requesting medical
marijuana is a qualified patient.
(4)A Dispensary shall not have a physician on-site to evaluate patients and
provide a recommendation for medical marijuana.
(5)Patient records shall be maintained and verified as needed, and at least
annually verified with the qualifying patient's medical doctor or doctor of osteopathy
unless the patient has provided a California Medical Marijuana Identification Card or a
Patient ID Center ldentification Card.
(6) Information on prior year's operations shall be provided annually, as required
in this Chapter. The operator shall adjust the operations as necessary to address issues.
(F) Consumption Restrictions.
(1) Marijuana shall not be consumed by patients on the premises of the
Dispensary. The term"premises" includes the actual building, as well as any accessory
structures, parking areas, or other surroundings within 200 feet of the Dispensary's
entrance. Dispensary employees and registered volunteers who are qualified patients may
consume marijuana within the enclosed building area of the premises,provided such
consumption occurs via oral consumption or vaporization, not smoking.
(2) Dispensary operations shall not result in illegal redistribution of inedical
marijuana obtained from the Dispensary, or use in any manner that violates local, State or
City Codes.
(3)No person may consume marijuana, by smoking or vaporization, in any public
places. Public places shall include, but are not limited to, city owned parks and/or city
sponsored events where designated as nonsmoking areas by resolution of the city council,
streets, sidewalks, alleys, highways, public parking lots as defined in City Code § 6000
and as amended, enclosed places and places of employrnent as defined in City Code §§
4503 and 4505 and as amended, and any other property owned or leased by the City, or in
which the City holds a right-of-way easement, and which is open to members of the
general public, except while actively passing through on the way to another destination.
Nothing in this Section is intended, nor shall it be construed to be inconsistent with the
California lndoor Clean Air Act of 1976, Health and Safety Code § 118875 et seq and as
amended.
�
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(G) Retail Sales and Cultivation.
(1)No cannabis shall be cultivated on the premises of the Dispensary, except in
compliance with this Chapter and with City Code §§ 6093 and 9254 and Health and
Safety Code § 11362.5 et seq. The space devoted to on-site cultivation at a permitted
Dispensary shall not exceed twenty-five percent of the total floor area, but in no case
more than one thousand five hundred square feet. Each permitted Dispensary may
operate no more than one off-site cultivation facility. Cultivation shall be limited to
interior areas of buildings. Any off-site facility shall comply with all provisions of this
Chapter, except that retail dispensing shall not be permitted at off-site Dispensary
cultivation facilities, and any off-site cultivation facilities may only be located in the (M)
Industrial District.
(a) Except for immature nursery stock marijuana plants, marijuana plants
grown by the Dispensary shall only be utilized for production of processed
marijuana to dispense to patients.
(b) If marijuana plants other than immature nursery stock plants are to be
grown at the Dispensary, a security plan for the growing area shall be submitted
to the Ukiah Police Chief for review and approval. Such plan shall include:
security alarms and surveillance systems; physical measures to prevent access to
the area by anyone other than Dispensary staff; and physical measures to prevent
vehicle penetration of the growing area.
(c) If required by the Building Official, the cultivation area shall include a
one-hour firewall assembly and shall not create excessive humidity or mold
conditions. The cultivation area shall have an air treatment system that prevents
odors generated from the cultivation of marijuana on the Dispensary property
from being detected by any reasonable person of normal sensitivity outside the
Dispensary property, as set forth in City Code § 5708(H)(4). The medical
marijuana cultivation area shall be in compliance with the current, adopted edition
of the California Building Code as regards Natural Ventilation or Mechanical
Ventilation.
(d) Cultivation facilities are strongly encouraged to utilize the most water-
efficient and environmentally-responsible cultivation practices available. The City
reserves the right to require annual reports on cultivation facility practices,
including but not limited to cultivation mediums and water use methods.
(e) The cultivation use shall comply with applicable stormwater,
wastewater, and Building Code requirements and any applicable State or Federal
law, including the Clean Water Act, 33 U.S.C. § 1251 et seq.
(2)With the approval of the Planning Commission, a Dispensary may conduct or
engage in the commercial sale of specific products, goods or services in addition to the
provision of inedical marijuana and other items permitted by these regulations on terms
and conditions consistent with this Chapter and applicable law.
(3)Up to 150 square feet may be utilized for display and sales of devices
necessary for administering medical marijuana, including but not limited to rolling papers
and related materials and devices,pipes, water pipes, and vaporizers. Such devices may
only be provided to qualified patients or primary caregivers and only in accordance with
Health and Safety Code § 11364.5 and as amended.
11
(4) Retail sales of inedical marijuana that violate California law or this Chapter
are expressly prohibited.
(5)A Dispensary shall not pay any supplier(s) of inedical marijuana more than the
costs incurred for cultivation and preparation.
(6)A Dispensary shall meet all the operating criteria for the dispensing of inedical
marijuana as is required pursuant to California Health and Safety Code § 11362.5 et seq
and as amended.
(7) The provision of locally-grown and organic marijuana is encouraged.
(H) Operating Plans.
(1) Floor Plan. A Dispensary shall have a lobby waiting area at the entrance to
receive clients, and a separate and secure designated area for dispensing medical
marijuana to qualified patients or designated caregivers. The primary entrance shall be
located and maintained clear of barriers, landscaping and similar obstructions so that it is
clearly visible from public streets, sidewalks or site driveways.
(2) Storage. A Dispensary shall have suitable locked storage on premises,
identified and approved as a part of the security plan, for after-hours storage of inedical
marijuana.
(3) Minimum Staffing Levels. The premises shall be staffed with at least one
person during hours of operation who shall not be responsible for dispensing medical
marijuana.
(4) Odors Control. The Dispensary shall have an air treatment system that
prevents odors generated from the storage and cultivation of marijuana on the Dispensary
property from being detected by any reasonable person of normal sensitivity outside the
Dispensary property. To achieve this, both the storage and cultivation areas shall be, at
minimum, mechanically ventilated with a carbon filter or superior method.
(5) Security Plans. A Dispensary shall provide adequate security on the premises,
as approved by the Chief of Police and reviewed by the Planning Commission, including
lighting and alarms, to insure the safety of persons and to protect the premises from theft.
(6) Security Cameras. Security surveillance cameras shall be installed to monitor
the main entrance and exterior of the premises to discourage loitering, crime, illegal or
nuisance activities.
(7) Security Video Retention. Security video shall be maintained for 90 days.
(8) Alarm System. Professionally monitored robbery alarm and burglary alarm
systems shall be installed and maintained in good working condition.
(9) Emergency Contact. A Dispensary shall provide the Chief of Police with the
name, e-mail address, phone number and facsimile number of an on-site community
relations staff person to whom one can provide notice if there are operating problems
associated with the Dispensary. The Dispensary shall make every good faith effort to
encourage neighborhood residents to call this person to try to solve operating problems, if
any, before any calls or complaints are made to the City.
(I) Signage and Notices.
(1) A notice shall be clearly and legibly posted in the Dispensary indicating that
smoking, ingesting or consuming marijuana on the premises or in the vicinity of the
Dispensary is prohibited. The notice shall be posted in both English and Spanish.
12
(2) Signs on the premises shall not obstruct the entrance or windows.
(3)Address identification shall comply with illuminated address signs
requirements.
(4) Business identification signage shall be limited to that needed for
identification only, consisting of a single window sign or wall sign that shall comply with
City Code § 3227 and any other City Code provisions regulating signage.
(J) Employee Records. Each owner or operator of a Dispensary shall maintain a current
register of the names of all volunteers and employees currently working at or employed by the
Dispensary, and shall disclose such registration for inspection by any City officer or official for
purposes of determining compliance with the requirements of this Section.
(K) Patient Records. A Dispensary shall maintain records of all patients and primary
caregivers using only the identification card number issued by the county, or its agent,pursuant
to California Health and Safety Code § 11362.71 et seq., as a protection of the confidentiality of
the cardholders, or a copy of the written recommendation from a physician stating the need for
medical marijuana. Such records may be maintained on or off-site, and shall be made available
for inspection by any City officer or official for purposes of determining compliance with the
requirements of this Chapter.
(L) Staff Training. Dispensary staff shall receive appropriate training for their intended
duties to ensure understanding of rules and procedures regarding dispensing in compliance with
state and local law, and the Dispensary shall employ properly trained or use professionally-hired
security personnel in accordance with the conditions of its permit.
(M) Site Management.
(1) The operator of the establishment shall take all reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks, alleys and areas surrounding the premises and adjacent properties during
business hours if directly related to the patrons of the subject Dispensary.
(a) "Reasonable steps" shall include calling the police in a timely manner;
and requesting those engaging in objectionable activities to cease those activities,
unless personal safety would be threatened in making the request.
(b) "Nuisance" includes, but is not limited to, disturbances of peace, open
public consumption of marijuana or alcohol, excessive pedestrian or vehicular
traffic, illegal drug activity, harassment of passersby, excessive littering,
excessive loitering, illegal parking, excessive loud noises, especially late at night
or early in the morning hours, lewd conduct or excessive police detentions and
arrests.
(2) The operator shall take all reasonable steps to reduce loitering in public areas,
sidewalks, alleys and areas surrounding the premises and adjacent properties during
business hours.
(3) The operator shall provide patients with a list of the rules and regulations
governing medical marijuana use and consumption within the City and recommendations
on sensible marijuana etiquette.
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(N) Trash, Litter, Graffiti.
(1) The operator shall keep the sidewalks adjoining the premises plus 10 feet
beyond property lines along the street as well as any parking lots under the control of the
operator clear of litter, debris and trash.
(2) The operator shall remove all graffiti from the premises and parking lots under
the control of the operator within 72 hours of its application.
(0) Compliance with Other Requirements. The operator shall comply with all applicable
provisions of local, state or federal laws, regulations or orders, as well as any condition imposed
on any permits issued pursuant to applicable laws, regulations or orders.
(P) Confidentiality. The information provided for purposes of this Section shall be
maintained by the City as confidential information, and shall not be disclosed as public records
unless pursuant to subpoena issued by a court of competent jurisdiction or otherwise compelled
by court order.
(Q) Display of Permit. Every Dispensary shall display at all times during business hours
the permit issued pursuant to the provisions of this Chapter for such Dispensary in a conspicuous
place so that the same may be readily seen by all persons entering the Dispensary.
(R) Reporting and Payment of Fees. Each permittee shall file an annual statement with
the Planning Department: (1) indicating the number of patients served by the Dispensary within
the previous calendar year, (2) the continuing accuracy of the information in the prior year's
Dispensary Use Permit application, (3) documenting any changes or additions to that information
as of the date for renewal of the Permit, any citizen complaints, City Code violations, and calls
for law enforcement during the prior year, the applicant's compliance with applicable City and
State law governing the operation of dispensaries, and(4) including any additional information
the Planning Director deems necessary to administer this Chapter, and pay all annual permit fees.
(S) Alcoholic Beverages. No Dispensary shall hold or maintain a license from the State
Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business
on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or
consumed on the premises.
(T) Dispensaries shall comply with the parking requirements for medical office uses.
§ 5709 APPLICATION PREPARATION AND FILING_
(A)Application Filing. A complete Dispensary Use Permit application submittal packet
shall be submitted in accordance with City Code § 9262, including a detailed written statement
as to how the proposed Dispensary complies with sections 5707, 5708 and 5710, and any other
information or submissions required by this chapter. All applications for permits shall be filed
with the Planning Department, using forms provided by the City, and accompanied by the
applicable filing fee and any other applicable fees or charges. It is the responsibility of the
applicant to provide information required for approval of the permit. The application shall be
made under penalty of perjury.
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(B) Eligibility for Filing. Applications may only be filed by the owner of the subject
property, or person with a lease signed by the owner or duly authorized agent allowing them to
occupy the property for the intended use. If the applicant is a lessee, a copy of the duly executed
lease currently in effect must accompany the application.
(C) Filing Date. The filing date of any application shall be the date when the City
receives the last submission of information or materials required in compliance with the
submittal requirements specified herein.
(D) Effect of Incomplete Filing. Upon notification that an application submittal is
incomplete, the applicant shall submit any additional documents or information required to
complete the application within thirty(30) days of the date the applicant is notified in writing by
the Planning Department that the application is incomplete. If the applicant fails to complete the
application within said thirty(30) days, the application shall be deemed withdrawn and a new
application submittal that complies with Section 5709(A) shall be required in order to proceed
with the application.
(E) Effect of Other Permits or Licenses. The fact that an applicant possesses other types
of state or City permits or licenses does not exempt the applicant from the requirement of
obtaining a Dispensary Use Permit.
(F) Submittal Requirements. Any application for a Dispensary Use Permit shall include
the following information.
(1)Applicant(s)Name. The full name (including any current or prior aliases, or
other legal names the applicant is or has been known by, including maiden names),
present address, and telephone number of the applicant;
(2) Applicant(s) Mailing Address. The address to which notice of action on the
application is to be mailed;
(3) Previous Addresses. Previous addresses for the past five years immediately
prior to the present address of the applicant;
(4) Verification of Age. Written proof that the applicant is over the age of 18
years of age;
(5)Physical Description. Applicant's height, weight, color of eyes and hair;
(6) Photographs. Passport quality photographs for identification purposes;
(7) Employment History. All business, occupation, or employment of the
applicant for the five years immediately preceding the date of the application;
(8) Tax History. The Dispensary business tax history of the applicant, including
whether such person, in previously operating in this or another city, county or state under
license has had a business license revoked or suspended, the reason therefor, and the
business or activity or occupation in which the applicant engaged subsequent to such
action of suspension or revocation;
(9) Management Information. The name or names and addresses of the person or
persons having the management or supervision of applicant's business;
(10) Criminal Background. A background investigation verifying whether the
person or person having the management or supervision of applicant's business has been
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convicted of a crime(s), the nature of such offense(s), and the sentence(s) received
therefor;
(11) Employee Information. Number of employees, volunteers, and other persons
who will work at the Dispensary;
(12) Statement of Dispensary Need. A statement and/or information to establish
the need for the additional Dispensary to serve qualified patients in the area;
(13)Plan of Operations. A plan of operations describing how the Dispensary will
operate consistent with the intent of State law and the provisions of this Chapter,
including but not limited to:
(a) Ensuring that the Dispensary will not engage in retail sales of inedical
marijuana that violate California law or this Chapter.
(b) Controls that will assure medical marijuana will be dispensed to
qualifying patients or caregivers only.
(c) Controls that will ensure limitations on numbers of patients is adhered
to.
(d) Controls that will ensure access to Dispensary premises is adequately
monitored and restricted to pre-approved qualified patients and caregivers.
(14) Written Project Description. A written description summarizing the proposed
Dispensary use size, number of patients, characteristics and intent;
(15) Written Response to Dispensary Standards. The applicant shall provide a
comprehensive written response identifying how the Dispensary plan complies with the
each of the standards for review in this Chapter, specifically the limitation on number and
size, limitation on location, and operating requirements sections;
(16) Written Response to Criteria for Review Section. The applicant shall provide
a written response indicating the method by which each of the criteria for review has
been satisfied;
(17) Security Plan. A detailed security plan outlining the proposed security
arrangements for insuring the safety of persons and to protect the premises from theft.
The plan shall include installation of security cameras, a robbery alarm system monitored
by a licensed operator, and a security assessment of the site conducted by a qualified
professional;
(18) Floor Plan. A sketch or diagram showing the interior configuration of the
premises, including a statement of the total floor area occupied by the Dispensary. The
sketch or diagram need not be professionally prepared, but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises to an accuracy of
plus or minus six inches;
(19) Site Plan. A sketch or diagram showing exterior configuration of the
premises, including the outline of all structures, parking and landscape areas, and
property boundaries. The sketch or diagram need not be professionally prepared, but must
be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus
or minus six inches;
(20) Accessibility Evaluation. A written evaluation of accessibility to and within
the building, and identification of any planned accessibility improvements.
(21)Neighborhood Context Map. An accurate straight-line drawing depicting the
building and the portion thereof to be occupied by the Dispensary, all properties and uses
within 250 feet of the boundaries of the property on which the Dispensary Use Permit is
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requested, and: (a) the property line of any Dispensary within 250 feet of the primary
entrance of the Dispensary for which a permit is requested, and(b) the property lines of
any school, park, or residential zone or use within 250 feet of the primary entrance of the
Dispensary;
(22) Lighting Plan. A lighting plan showing existing and proposed exterior
premises and interior lighting levels that would be the minimum necessary to provide
adequate security lighting for the use and comply with all City standards regarding
lighting design and installation. All lighting shall be fully hooded and downcast, and
shall not shine towards the night sky, adjacent property or any street.
(23) City Authorization. Written authorization for the City, its agents and
employees to seek verification of the information contained within the application;
(24) Statement of Owners Consent. A statement in writing by the applicant that he
or she certifies under penalty of perjury that the applicant has the consent of the property
owner and landlord to operate a Dispensary at the location;
(25)Applicant's Certification. A statement in writing by the applicant that he or
she certifies under penalty of perjury that all the information contained in the application
is true and correct;
(26) Other Information. Such other information as deemed necessary by the
Planning Director to demonstrate compliance with this Chapter and City Codes, including
operating requirements established in this Chapter.
(G) Renewal. Applications for one-year renewal shall be accompanied by the following
minimum information:
(1) The operator shall report the number of patients served and pay applicable
fees, as required by this Chapter.
(2) The operator shall provide a detailed description of any adjustments and
changes proposed or that have occurred in Dispensary operations to address issues, or
comply with laws.
(3) The operator shall identify any problems encountered during operations and
how they have been addressed.
(4) The operator shall identify how the Dispensary has managed its operations to
comply with the operating requirements of this Chapter and with State law.
§ 5710 CRITERIA FOR REVIEW.
In addition to the findings required in City Code § 9262, the Zoning Administrator shall
consider the following criteria in determining whether to grant or deny a Dispensary Use Permit,
and renewals of a permit:
(A) That the Dispensary Use Permit is consistent with the intent of Proposition 215 and
related State law, the provisions of this Chapter and the City Code, including the application
submittal and operating requirements herein.
(B) That the Dispensary location is not identified as having significant crime issues (e.g.,
based upon crime reporting statistics as maintained by the Police Department).
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(C) That there have not been significant numbers of calls for police service, crimes or
arrests in the area or to an existing Dispensary location.
(D) That an applicant or employee is not under 18 years of age.
(E) That all required application materials have been provided and/or the Dispensary has
operated successfully in a manner that shows it would comply with the operating requirements
and standards specified in this Chapter.
(F) That all required application or annual renewal fees have been paid and reporting
requirements have been satisfied in a timely manner.
(G) That an appropriate limit on size of the Dispensary has been established and the
requested permit would not exceed limitations on number of patients and/or permits allowed by
this Chapter.
(H) That issuance of a Dispensary Use Permit for the size requested is justified to meet
needs of residents.
(� That issuance of the Dispensary Use Permit would serve needs of residents at this
location.
(J) That the location is not prohibited by the provisions of this Chapter or any local or
state law, statute, rule or regulation and no significant nuisance issues or problems are
anticipated or have resulted from Dispensary operations.
(K) That the site plan, floor plan, and security plan have incorporated features necessary
to assist in reducing potential crime-related problems and as specified in the operating
requirements section. These features may include, but are not limited to, security on-site;
procedure for allowing entry; openness to surveillance and control of the premises; the perimeter,
and surrounding properties; reduction of opportunities for congregating and obstructing public
ways and neighboring property; illumination of exterior areas; and limiting furnishings and
features that encourage loitering and nuisance behavior.
(L) That no Dispensary use, owner, permittee, agent, or employee has violated any
provision of this Chapter including grounds for suspension, modification or revocation of a
permit.
(M) That all reasonable measures have been incorporated into the plan and/or
consistently taken to successfully control the establishment's patrons' conduct resulting in
disturbances, vandalism, crowd control inside or outside the premises, traffic control problems,
marijuana use in public, or creation of a public or private nuisance, or interference with the
operation of another business.
(N) That the Dispensary would not adversely affect the health, peace or safety of persons
living or working in the surrounding area, overly burden a specific neighborhood with special
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needs or high impact uses, or contribute to a public nuisance; or that the Dispensary has resulted
in repeated nuisance activities including disturbances of the peace, illegal drug activity,
marijuana use in public, harassment of passersby, excessive littering, excessive loitering, illegal
parking, excessive loud noises, especially late at night or early in the morning hours, lewd
conduct, or police detentions or arrests.
(0) That any provision of the City Code ar condition imposed by a City issued permit, or
any provision of any other local, or State law, regulation, or order, or any condition imposed by
permits issued in compliance with those laws has not been violated.
(P) That the applicant has not violated any local or State law, statute, rule or regulation
respecting the distribution,possession, or consumption of marijuana.
(Q) That the applicant has not knowingly made a false statement of material fact or has
knowingly omitted to state a material fact in the application for a permit.
(R) That the applicant, his or her agent or employees, or any person who is exercising
managerial authority on behalf of the applicant has not been convicted of a felony, or of a
misdemeanor involving moral turpitude, or has engaged in misconduct related to the
qualifications, functions or duties of a permittee. A conviction within the meaning of this Section
means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(S) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive
business acts or practices.
(T) That adequate parking will be provided at a rate of one space for every 300 gross
square feet of retail space, office space, and similar floor areas.
§ 5711 INVESTIGATION AND ACTION ON APPLICATION.
After the making and filing of a complete application for the Dispensary Use Permit and
the payrnent of the fees, the Police Department shall conduct a background check of the
applicant and all employees and other persons determined by the Police Department to perform
functions in the Medical Marijuana Dispensary that could influence its compliance with this
Chapter and conduct an investigation of the application. In processing the application:
(A) The Planning Department shall refer the application to any other City departments as
necessary to complete the review of the application.
(B) Following provision of complete application materials, inter-departmental review,
and compliance with the California Environmental Quality Act, the Planning Department shall
schedule the Use Permit for Zoning Administrator review. In making a decision to grant or deny
the application the Zoning Administrator shall follow the notice and hearing procedures and
make the findings required by City Code § 9262(C)-(F) and shall either grant or deny the
application in accordance with the provisions of this Chapter.
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(C) In approving a Dispensary Use Permit, the Zoning Administrator may impose
conditions, restrictions or require revisions to the proposal to comply with the purpose and intent
of this Chapter.
(D) The Planning Department shall cause a written notice of the Zoning Administrator
decision to issue or deny a permit to be mailed to the applicant by U.S. mail.
§ 5712 APPEAL FROM ZONING ADMINISTRATOR DETERMINATION.
(A) An applicant aggrieved by the Zoning Administrator decision to issue or to deny a
Dispensary Use Permit may appeal such decision to the Planning Commission by filing an
appeal. All determinations of the Zoning Administrator regarding Dispensary Use Permits shall
be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as
established by resolution of the City Council from time to time, are filed with the Planning
Commission within ten (10) days of the date the decision was made. Appeals may be filed by an
applicant or any interested party. An interested party may appeal only if he or she appeared and
stated his or her position during the hearing on the decision from which the appeal is taken.
(B) The Planning Commission shall conduct a duly noticed public hearing on the appeal
in accordance to the procedures applicable to an appeal of a decision to grant or deny a use
permit as set forth in Division 9, Chapter 2, Article 20 of the City Code. At the close of the
public hearing, the Planning Commission may affirm, reverse, or modify the appealed decision
of the Zoning Administrator. All Planning Commission decisions on appeals of the Zoning
Administrator's decision with regard to an application for a Dispensary Use Permit are final for
the City.
§ 5713 EFFECT OF DENIAL.
When the Zoning Administrator shall have denied or revoked any permit provided for in
this Chapter and the time for appeal to the Planning Commission shall have elapsed, or, if after
appeal to the Planning Commission, the decision of the Zoning Administrator has been affirmed
by the Commission, no new application for a permit shall be accepted from the applicant and no
such permit shall be issued to such person or to any corporation or other business entity,
including but not limited to, a partnership or limited liability company, in which he or she shall
have any direct or indirect beneficial, financial or ownership interest for a period of three years
after the action denying or revoking the permit.
§ 5714 REVOCATION.
(A)Any Dispensary Use Permit issued under the terms of this Chapter may be revoked
by the Zoning Administrator or Planning Commission, when it shall appear to the Commission
that the use for which the Use Permit was granted is not being conducted in compliance with the
Use Permit as conditioned, the permittee has violated any of the requirements of this Chapter or
the Dispensary is operated in a manner that violates the provisions of this Chapter, including the
criteria for review and operating requirements sections, or conflicts with State law.
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(B) The Zoning Administrator shall place the matter of Use Permit revocation on the
Commission agenda at the direction of the City Attorney. Revocation proceedings shall be
conducted in compliance with Section 9262(H) of this Code. Notice of the hearing required by
said section shall be given in compliance with Section 9262(C). In addition, notice of the
revocation hearing, including a description of the facts and violations relied upon in seeking
revocation, shall be served on the permit holder by personal service, overnight courier or
registered United States Mail, return receipt requested, not later than ten (10) day prior to the
hearing. Service shall be deemed complete when received by the permit holder or forty-eight
hours after deposit in the United States Mail, whichever occurs first. Notice shall be sent to the
address as shown on the permit application or to an address which the permit holder has
requested in writing that the City use for official communications. The address shall not be a
Post Office box, but must be a physical address.
(C) If any person holding a permit or acting under the authority of such permit under this
Chapter is convicted of a public offense in any court for any offense that would constitute a
violation of their Dispensary Use Permit or this Ordinance , the Zoning Administrator may
revoke such permit forthwith without any further action thereof, other than giving notice of
revocation to the permittee.
§ 5715 TRANSFER OF PERMITS.
(A) A permittee shall not operate a Dispensary under the authority of a Dispensary Use
Permit at any place other than the address of the Dispensary stated in the application for the
permit.
(B) A permittee shall not transfer ownership or control of a Dispensary, including by
transferring a controlling interest in the permittee, or transfer a Dispensary Use Permit to another
person or entity unless and until the transferee obtains its own Dispensary Use Permit. Any other
assignment of a Dispensary Use Permit is prohibited.
(C)No permit may be transferred when the Zoning Administrator or Planning
Commission have notified the permittee that the permit has been or may be revoked.
(D) Any attempt to transfer a permit either directly or indirectly in violation of this
Section is declared void, and the permit shall be deemed revoked.
§ 5716 TIME LIMIT FOR FILING APPLICATIONS UPON ANNEXATION.
Any Dispensary that was legally established in Mendocino County("County") and which
is subsequently annexed into the City must apply for and obtain a Dispensary Use Permit in
compliance with the provisions of this Chapter within 90 days from the date the annexation
becomes effective. Continued operation of a Dispensary without a permit more than 90 days
after annexation shall constitute a violation of this Chapter, unless an extension of the 90 day
period is approved by the Planning Director upon the applicant's demonstration of reasonable
grounds to do so.
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§ 5717 MARIJUANA DELIVERY.
(A)A permitted Dispensary located in the City may deliver marijuana to qualified
patients and caregivers at their residence in the City. Such permissible delivery of marijuana to
qualified patients shall be limited to delivery by lawfully-operated, permitted dispensaries
located within the jurisdictional limits of the City. Any individual engaging in the activity of
delivering medical marijuana from a permitted Dispensary to a qualified patient must have a
business license in accordance with Division 2, Chapter 1, Article 3 of the City Code.
All other marijuana delivery is a prohibited activity in the City, except where the City is
preempted by federal or state law from enacting a prohibition on such activity.
(B) In conformity with City Code § 6001 it shall be unlawful for any qualified individual
engaging in the activity of delivering medical marijuana from a permitted Dispensary to a
qualified patient to be in an intoxicated condition or under the influence of narcotic drugs within
the corporate City limits of the City in, on, or about any automobile, motorcycle, motor vehicle,
street car, railroad car or other vehicle.
§ 5718 VIOLATIONS.
(A) It is unlawful for any person, individual, partnership, co-partnership, firm,
association,joint stock company, corporation, limited liability company or combination of the
above in whatever form or character to violate any provision or fail to comply with any of the
requirements of this Chapter.
(B) A violation of this Chapter shall be subject to the enforcement and penalties specified
in City Code §5723.
§ 5719 REMEDIES.
This Chapter shall be subject to enforcement pursuant to Division 8, Article 22 of this
Code.
§ 5720 SEPARATE OFFENSE FOR EACH DAY.
Any person who violates any provision of this Chapter shall be guilty of a separate
offense for each and every day during any portion of which any such person commits, continues,
permits, or causes a violation thereof, and shall be penalized accordingly.
§ 5721 HOLD HARMLESS.
As a condition of approval of any permit issued pursuant to this Chapter for medical
marijuana cultivation,processing, or distribution, the permittee shall indemnify, defend and hold
harmless the City of Ukiah and its agents, officers, elected officials, and employees for any
claims, damages, or injuries brought by a permittee's clients or employees, adjacent or nearby
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property owners or other third parties due to permitted uses or operations, and for any expense
incurred by City as a result of or in defense of any such claim..
§ 5723 PENALTIES.
(A) It shall be unlawful and constitute a misdemeanor for any person to violate the
provisions of this Chapter, punishable by a fine of not more than one thousand dollars
($1,000.00) or imprisonment in the county jail for a period of not more than six (6) months or
both. This penalty shall not apply, if prohibited by state law.
(B) The penalty provided herein is in addition to any other penalty or remedy available at
law or in equity, whether civil or criminal, for any violation of this Chapter or engaging in
activity requiring a City license or permit, including, without limitation, a business license or
building permit, without first obtaining such permit or license.
§ 5724 JUDICIAL REVIEW.
Judicial review of a decision made under this Chapter may be had by filing a petition for
a writ of mandate with the superior court in accordance with the provisions of the California
Code of Civil Procedure § 1094.5.
Any such petition shall be filed within 90 days after the day the decision becomes final as
provided in California Code of Civil Procedure § 1994.6 which shall be applicable for such
actions.
SECTION 2.
1. SEVERABILITY.
If any section, subsection, subdivision,paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the
City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the
City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on , 2016,by the following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2016 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steven Scalmanini, Mayor
ATTEST:
Kristine Lawler, City Clerk
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