HomeMy WebLinkAbout09282016 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
September 28, 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 September 14, 2016
meeting will be available for review and approval at the next regular 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 parry 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
October 10, 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
City Council. The Ordinance would create a new section (,§5700) to the Municipal Code
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.
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. AD]OURNMENT
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.
1TEM NO. 9A
Community De�elopment and Planning Department
300 Seminary A�enue
Ukiah, CA 95482
plannin�t�dcitvofukiah.com
(�o�) 4s3-6zo�
DATE: September 28, 2flifi
TO: Planning Cammis5ion
FROM: Kevin�'hompsan, Interim Planning and Cammunity De�elopment Dire�tor
SUBIECT: Propased text amendment to the Municipal Code establishing a Marijuana
Dispensary Ordinance Use Permit and associated de�elopment and flperating
standard5 for Medical Marijuana Dispensaries.
a�COMMENDATION
5taff recommends the Planning Commission re�iew, canduc# a public hearing and provide a
recammendation of approval of the Marijuana Dispensary Ordinance to the City Council. The
Ordinance would create a new sectian (§5700�to the Municipal Code establishing a Use Permit
process and associated de�elopment and operational standards for the esta�lishment of
Medical Marijuana Dispensaries.
BACKGROUND
On Octaber 9, 2015, the Go�ernor signed inta law AB 26G, AB 243, and SB 643, which together
camprise the Medical Marijuana Regulation & Safety Act ("MMRSA"]. The MMRSA, which went
into effect on lanuary 1, 2016, created a statewide regulatory structure for the medical
marijuana industry that also allows local go�ernments #o regulate the operation of marijuana
businesses within their jurisdiction, pursuant to local ordinances. Specifically, the MMR5A
allows the City of Ukiah to issue permits or licenses ta operate marijuana businesses or prohibit
their operation, to regulate or expressly prohibit the deli�ery of inedical marijuana within its
boundaries, and to regulate or �xp�essly prohibit the cul#i�ation of marijuana within its
boundaries. Pursuant to the MMRSA, if the City apts not to exp�essly prahibit or regulate the
cultivation, �racessing, delivery, and/or dispensing of inedical marijuana, the 5tate will be the
sole licensing authority for these activities in the City.
praft Marijuana Dispensary Ordinance
Planning Commissian
September 28,20�fi
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 af Police. The Ad Hoc committee waS created 6y the City Council on July 1,
201�. The Ad Hoc committee was formed in response to (1) the enactment of the MMRSA -
5pecifically, to address any regulatory gaps in the City's current regulatian of inedical marijuana
distribution, deli�ery, and cultivation tha# would allow for sole State jurisdiction o�er these
activities; and (2) to con5ider the City's policy abjectives with regard to the medical ma�ijuana
industry given the proliferation of inedical mari�uana 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 mari}uana businesses, the City Cauncil
thought it prucient to proceed with drafting and adopting an ordinance allowing anc� regulating
medical marijuana dispensaries and the operation of such businesses. Council member
Mulheren has stated #hat members af the Council ha�e been appraa�hed by a number of local
residents who har►e inquired about the poSSibility of establishing and operating a medical
marijuana dispensary within the City limits. Mulheren and �rown believe that the City cauld
benefit from t�x re�enue deri�ed from operation of dispensaries within the City limits, rather
than losing t�at tax re�enue to dispensaries located immediately outside the City limits, under
Cflunty jurisdiction.
On September 14, 2016, the Planning Commissian conducted a Public Hearing to gather public
input and provide comments on the proposed ordinance. The Medical Marijuana Ad-Hoc
Committee met on September }.9, 2016, to discuss the comments; the following summarizes
the Planning Commission's comments and the Ad-Hoc Committee's response:
1. Section 5705 Imposition af Fees. The Planning Commission had questions regarding
what an appropriate fee for a Dispensary Use Permit shauld be. They stated the fee
shauld cover all the staff processing costs. Ad-Hoc Commenrs: The Ad-Noc
commrttee agreed witf� staff's recommendafion that a time and material cost
recovery fee structure is best suited for processing Disper►sary Use Permits. The
deposit for a Major Use Permit is $�,ODO, plus any addirrona! time and materials
needed to complere fhe processing. Dispensary Use Permits will be charged and
processed using the cost recovery method.
2, Section 5707 Limitation on Location af Dispensary (A� The Planning Commission
had questions regarding conflicts with the Downtown Zoning Ordinance and the
proposed Marijuana Dispensary Ordinance. Adoption of the proposed ordinance
will require an amendment to ti�e powntawn Zoning Ordinance, which currently
prohibits dispensaries within any of the three downtown zoning designations (GU,
UC, DC). Ad-Hoc Comments: The Ordinance adaption by rhe Council wi!! include an
Draft Marijuana Dispensary Ordinance
Planning Commission
September 28,2016
2
amerrdmer�t to the Downfown Zoning Cade allawing dispensaries with a Dispensaries
Use Permi� in the GU, UC and DC zoning districts. This amendment rs considered
implementation af rhe Marijuana Dispensary Ordinance.
3. Section 5707 Limitatian on Location of Dispensary [C)(ly The Planning Commissian
suggested greater distances for dispensary locations trom yauth-oriented facilities
than the proposed Z50 feet. Ad-Hac Camments: 5uhsequent research revealed thnt
State Health and Safety Code Sectran 11362.768 stipulates a dispensary shal! be a
minimum distance of 600 feet from any school, 6ut is silent on a minimum disrance
from youth-oriented facilities. The Ad-Hoc Committee suggested two starrdards
specifying minimum distance 6e incorporated into the Ordinonce as follows:
1. b00 feet fram a school
.2. 250 feet from any yautf�-orie�ted facilriy(as defined in ihe OrdinanceJ
4. 5ection 5708 Operating Requirements (F)(1) Consumption Restrictians The
Planning Commission believes that this pro�ision contradicts the prohibitian on
co�5umption of inedical marijuana on the premises hy patients. Ad-Hoc Comments:
Remove sectiorrs allawing employees or volunreers to smoke or vaparize on-site.
5. Section 57D8 Operating Requirements (G](1) Retail Sales and Cultivation The
Pianning Commission requested clarification on the amount of square fvatage
allowed for on-site cultivation and details on the off-site culti�ation provisions. Ad-
Hoc Comments: Reduce the maximum interior square footage thot ca►� 6e devoted to
culiivation from 1,500 to 500. Culfivation areas can be used for either immature
srarter plorrtS far sale or for plants iniended ta produce medica! marrjuana for sale
on-srte. Referenres fo off-site cultivation facilities were elimirroted.
6. Sec#ion 5708 Operating Requirements (Gy[Z) Retail Sales and Culti�ation The
Planning Commission requested clarification on pro�ision in the Ordinance requiring
Planning Commissian approval for additional retail square foo#age. Ad-Hoc
Comments: Remove the section that references Planning Commission approvaf for
increased retai! space. The maximum retai! space for refar! paraphernalia will be
limited to 150 square feet.
7. 5ection 5708 Operating Requirements (5] Retail Sal�s and Culti�ation The Planning
Commission requested clarification on the pr�vision regarding the maximum
amo�nt a dispensary can �ay for medical marijuana. Ad-Hoc Comments: Remove the
statement that rf�e dispensary shall noc pay suppfier(sJ of inedical marijuana more
than fhe cost irrcurred far cultivation and prepnration.
Draft Marijuana Dispensary Ordinance
Planning Commission
5eptember 28, 2016
3
8. Section 570$ Operating Requirements [J][K) Patient and Employee Records The
Planning Commission had questions regarding how this provision will be enforced.
Ad-Hoc CommeRts: !r was discussed that� the City wan[ed to esiablish a system for
annual inspections conducted 6y the Code Enforcement division of rhe Police
Department�. This inspection would include o brief review of tl�e records and wr1l likely
occur prior to the dispensary's renewal requesr. Na change is suggested for tf�is
section.
9. Section 5709 Application Preparation and Filing (12) Statement of Need The
Planning Commission asked how an applicant would demonstrate a statement of
need for a dispensary.Ad-Hoc Comments:Remove this section.
10.Section 5710 Criteria for Re�iew Section Zoning Administrator The Planning
Commission indicated they wanted Dispensary Use Permit5 to be reviewed by the
Planning Cammission with a publi� hearing. Ad-Hoc Comments: The Ordina►�ce is
very prescriptive, if an applicant meets a!! the standards the applicarion should 6e
approved and no� subjecr ta o politrcal process. No change is suggested for thrs
section.
11.Section 5713 Effect of Denial The Planning Commission pointed out that this
pravision, if the reasan for denial of the permit is not due to a criminal background
or fraud, could be excessively punitive. Ad-Hoc Comments: Remove the word
"denial"from the provision. This means only dispensary operators whose permit was
nor renewed due [o violations of rhe Ordinance woerld be subjecf to three year
waitrng period.
PUB�IC NOTICE
The IVatice of Intent (N01) to adapt a Nega#i�e Declaration and public notice for the Planning
Commission public hearing was made a�ailable in the folEowing manner:
■ posted at the County Clerk on August 19, 2D16;
■ published in the Ukiah Daily Journal on August 21, 2Q16; and September 18, 2016
■ posted at the Ci�ic Center (glas5 case� on August 19, 2016;
■ posted on the City's Web si#e August 19, Z016.
PUBLIC COMM�NT
The comment period for the NOI was August 22, 2016, th�ough September 12, Z015. No
comments were recei�ed from outside agencies or citizens.
Draft Marijuana Dispensary Ordinance
Planning Cammission
September 2$,2016
4
�INb1NGS
Based on the direction pra�ided by the Planning Commission, staff will amend the draft
findings, if necessary, prior to City Council review of the proposed amendments. As set for#h in
the draft Negative Declaration, Staff has concluded #hat the project is consis#ent with the City
of Ukiah General Plan, and the Ukiah City Cade.
AT7ACHMENTS
1. Initial Study Negati�e Declaration dated August 22, 2015
2. Proposed Draft Marijuana Dispensary Ordinance
Draft Marijuana Dispensary Ordinance
Planning Cammission
September 28, 2015
5
Ci I�,ia�i
Caiifornia Environmental Quality Act
INITIAL ENVIRQNMENTAL STUDY
AND
PROPOSED NEGAT[VE DECLARATION
PROPOSED
MEDICAL IVIARIJUANA DiSPENSARY ORDINANCE
Prepared by:
City of llkiah
Deparhnent of Planning and Community Deve[opment
300 Seminary Avenue,Ukiah, CA 95482
Table of Contents
1.0 �NTR�DUCTION
�.1 CEQA Compliance
'E.2 Incorporation by Reference
1.3 Purpase
1.4 Determinatian of No Sigr�ificant Impact
2.0 PROJECT DESCRIPTI�N
2.1 Project �.ocation
2.2 Environmenta[ Setting
2.3 Background and History
2.4 Prajec#CharacteristicslDescripkion
2.5 Projeck Timing
2.6 Project 06jectives
2.7 Assumptions
3.0 ENVIRONMENTAL. FACTORS POTENTIALLY A��ECTED AND DETERMINATION
3.1 En�ironm�ntal Factors Potentially Affected
3.2 Environmental Fackors Clearly Not Affecked
3.3 En�ironmental Determination
Q.0 ENViRONMENTAL ANALYSIS
4.1 Aesthetics
4.2 Utilities and Service 5ystems
4.3 Biological Resources
4.4 Public Services
�4.5 Land Use and Planning
4.6 Hydrology anci Water Quality
4.7 Hazards and Hazardous Materials
5.a CONCLUSIONS
5.'i Mandatory Findings af Significance
5.2 Mitigation Monitoring and Reporting Program
6A REFERENCES
Appendix
A. Draft Ordinance
CHAPTER 1.0—INTRODUCTI�N AND PURPOSE
1.0 INTRODUCTION
1.9 CEQA Compliance
The C�ty of Ukiah Department of Planning and Community De�elopment is khe lead agency under
the Califamia Environmental C2uality Act(CEQA)for the proposed Medical Marij�ana Disp�nsary
Ordinance (Project} that would be located citywid�. In accflrdance wikh Section 15070 through
Section 15Q75, Negative Declaration Process, of the CEQA Guidelines, this Initial
StudylProposed Mitigated Negative Declaration has been prepared by the City af Ukiah. Section
15070 of the CEQA Guidelines states the following with the r�spect ta the preparakion o� a
Mitigated Negative Declaration:
"A public agency shall prepare or have prepared a proposed negativ� declaration or mitigated
negativ� declaration for a praject subject to CEQA when:
(a}The initial study shaws that there is no substantial evidence, in light of the whole record befare
the agency, thak the project may ha�e a significant eff�ct on the environment, or
(b}Th� initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by, or agreed to by the applicank 6efore a
proposed mitigated negative declaration and initial study are refeased for public review would
avoid the effects or mitigate the effects to a paint where clearly no significant effect wauld occur,
and
(2)There is no substantial evidence, in light of the whole record before the agency that the project
as revised may have a signi�cant�ff�ct on th� environment.
As prescribed in Section 15070, an Initial Study has been prepared that analyzes khe potential
project-relat�d impacts anticipated to accur as a result of implementing the Final Closure and
Post Closure Maintenance Pfan far the Ukiah LandfiCl as praposed by the City of llkiah. Pursuant
to Seckion 15071 of the CEQA Guidelines, the Initial 5tudylProposed Mikigated Negative
Declaration includes:
➢ A descriPtion of the proposed project(refer to Section 2.0);
➢ The location of the pr�ject (refer to 5�ction 2.�};
➢ A list of the environmental fac#ors Potentiafly affected by project impl�mentation {Refer to
Section 3.0);
➢ A comprehensive analysis of each environmental topic included in the
Caunty's environmental checklist(refer to Chapter 4.0);
➢ A propos�d �nding that the project will not have a significant effect on the en�ironment
(refer to Section 5.1); a�d
➢ Mitigation measures (refer to Section 5.2}.
9.2 Incorporation by Reference
As allowed under Section 15150 of the State CEQA Guidelines, this Initial Study incorparates the
Final Marijuana Dispensary Ordinance by reference. The Ordinance was utilized during the
preparation of the 1nEtial Study. The rele�ant infarmatian andlor analysis that has been
incorporated by reference into this In9tial Study has been summarized. The Final marijuana
Dispensary Ordinance is available for review at the City of Ukiah Department of Planning and
Community Development located at 300 Seminary Aven�e, lJk�ah, California, 95482.
1.3 Purpose
The Marijuana Dispensary Or�inance for the City of Ukiah prepareci by the City af Ukiah
Department of Planning and Community Development for submittal to the Ukiah City Council.
The en�ironmental document that follows is an Initial Study and Mitigated Negakive Dec[aration
{ISIMND)for the Ukiah Marijuana Dispensary Ordinance project as �ropased by tF�e City of Ukiah.
An initial study is a preliminary analysis that is complet�d as part of khe project design and
assessment to deterrnine whether an environmental impact report or negative declaration must
be prepared ko assess potenkial enviranmental impacts in accordanc� with the California
En�ironmenkal Quality Act(CEQA)and State CEQA Guidelines(Section 15000 et seq.).The initial
study is intended to determine �f the project may have a significant efFect on the en�ironment. A
negative declaratian is a written statemenk that briefiy describes the reasons why a proposed
project will not ha�e a signi�cant effect on the environment and, therefare, does not require the
preparation of an EIR.
As indicated abave, the City of Ukiah is proposing to establish and implement regulations for
marijuar�a dispensaries, which will be implemented upon the adoption of this dacument by t�e
Ci#y of Ukiah City Council. This study has been prepared in accordance with the CEQA, Public
Resources Code 2100D et seq., and the State CEQA Guideiines, California Code of Regulations,
Sectian 1500Q ef seq. This document provides a descriptian af the project setting and
characteristics and includes an environmental evaluation and checklist that identi�es the potential
environmental impacts associated with implementatjon of the propased Marijuana Dispensary
Ordinance, and includ�s a discussion of the checkfist responses and findings.
1.4 Determination of Na Significant Impacts
This Initial StudylM€tigated Negative Declaration has been prepared pursuant to Section 15070
through Section 15075 of the CEQA Guidelines as prescribed in Sectian 1.1, above. As indicated
in Chapter 5.0 of the dacument, na significant impacts will occur as a result of praject
impiementation with the incorporation of apprapriate mitigation measures inko the final �rdinance
ko establish "self-mikigation." The City of Ukiah City Council will consider the information
containEd in this document prior to making a�nal decision on the proposed Marijuana Dispensary
Ordinance.
CHAPTER 2.0— PR�JECT DESCRIPTION
2.0 PROJECT DESCRtPTION
2.1 Project Location
The proposed Marijuana Dispensary Ordinance would apply to the following zon�ng districts: C1,
C2, M, PD(Commercial}, GU, UC, and DC. Medical Marijuana Dispensaries would not be allowed
within residential zoning districts ar within 250 feet of a "Yauth-Oriented facility" {schoal, public
park, church and licensed daycare facility}. The City is approximately 4.84 squar� miles and is
compris�d of 4,997 parcels.
2.2 Environmental Setting
TF�e City of Ukiah is the caunty seat for Mendocino County and serves as the employmenk,
shopping and medical hub for the region. The populatian is approximately 16,000 and swefls ta
approximately 25,000-30,�00 during a typical week day due to th� in-migratifln af workers,
shoppers, visitors and thase in need of inedical and other services. The Ciky is dens�ly urban
with three major creeks flowing west ta east towards the Russian Ri�er. The City is we11 forested
for an urban enviranment and has an ample number of parks and assaciated apen spaces.
2.3 Background and History
In 20D7, #he City of Ukiah enacted Ordinance 1095, §1 ("Medical Marijuana Dispensaries
Ordinance"), which prohibited and declared a public nuisance medical marijuana disper�saries in
the City of Ukiah.
The 2007 Medical Marijuana Dispensaries Ordinance also stated the City Council's inten#ion was
to prohibik the operation and location of disper�sari�s in the City"until such time as their legality is
clearly established and a proposal can be developed that would sat satisfy the city council that
the facility could operate withaut causing serious adverse impacks".
On October 9, 2015, khe Governor signed into law AB 266, AB 243, and SB 643, which together
comprise the Medica[ Marijuana Regulation 8 Safeky Act ("MMRSA"). The MMRSA, which went
i�ta effect an ,�anuary 1, 2d16 created a statewide regulatory structure for the medical marijuana
industry that also allows lacal governments to regulate the oPeration of marijuana businesses
within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA allows the City af
Ukiah to issus permits or Eicenses to operate marijuana businesses ar prohibit their operation, to
regulate or express�y prohibit the deliv�ry of inedical marijuana within iks boundaries, and to
regulate or expressly prohibit the cultivation of marijuana within its boundaries. Pursuant ta the
MMRSA, if the City opts not to expressly prohibit or regulate the culti�ation, processing, delivery,
andlor dispensary of inedica! marijuana, the State will b� the sole licensing autF�ority far these
activities in the City.
To protect the public health, safety, and weifare, it is the desire af the City Council to modify the
City Code cansistent wi#h t�e MMP and tE�e MMRSA, regarding the location and operation of
medical marijuana dispensaries, delivery af m�dical marijuana within the boundaries of the City,
and cultivation of inedical marijuana within the boundaries of the City.
2.4 Project CharacteristicslDescription
The project is an ord�nance regulating medical marijuana dispsnsaries, distributian, and
cultivation in order ta pramate the health, safety, morals, and general welfare of resident and
businesses within the city. Ti�e ordinance requires� us� p�rmit to aperate a disp�i�;ary and th�r�
are limitatians an the location of ciispensaries — required distances from yaukh-ori�ntEd facilities,
parks, schools, or anather dispensary. There are also ciispensary operating requirements,
applicakion preparation and filing requiremen#s, criteria for the review of dispensary use permits,
use permit processing requirements, and other requirements.
2.5 Project Timing
The propased Marijuana Dispensary Ordir�ance wauld go into fup force an� effect 30-days after
adaption by the Ciky Council.
2,6 Project Objecti�es
➢ Ta pravide r�asanable regulations far marijuana dis�ensaries, marijuana distribution,
and cultivation t�at would Protect the public's health, safety, morals, and general welfare
of residents and businesses in the city.
➢ To provide regulations that are easy to understand, explain ka the public, anci implement.
➢ Ta provide regulations that are enforceable.
2.7 Assumptions
➢ Future dispensaries would likely locate within existing commercial buildings similar to
othEr new retail uses. Construction ot new buifdings to F�ouse medical marijuana
dispensaries would require discretianary re�isw and separate CEQA re�iew.
➢ Similar to other cammunities of comparable siz� such as S�bastopol and Arcata, it is
expected that if the proposed ordinance is adopted there would not be a proliferakion of
dispensaries. Due to markek conditions and competition, it is assumed that not more than
a maximum of 3 dispensaries wauld locate within the city Ifmits (Sebastopof and Arcata
have 1 dispensary each}.
➢ Since growing marijuana in dispensaries is limited to 1,500 square feet, ik is assumed that
water use would be similar to that of a typical 3-bedroam, 2-bathroom single family
residence with two parents and two childreniteenagers, law�s, two showers, a washing
machine, dishwasher, sinks, and outdoor gardening space. The average waker use for a
typical single family residence is 200 gallans per day.
CHAPTER 3.0— ENViRONMENTAL �ACTORS POTENTIALLY AFFECTED AND
_ DETERM1NATlON
3.0 ENVIR�NMENTAL FACTORS P�TENTIALLY AF'FECTED AND DETERMiNATION
3.1 Environmental Factors Potentially Affected
The environmental analysis in Section 4.0 is patterned af�er the Initial Skudy Checklist
recommended by the CEQA Guidelines, as amended, and used by the City of Ukiah in its
environmental re�iew process. For the prefiminary environmental assessment undertaken as �art
of this Initial Study's prepara#ion, a determinati�n that there is a potential for significant effects
indicates the need ta more ful�y analyze the development's impacts and to identify mitigation.
Chapter 4.0 (Environmental Analysis} analyzes the pokential environmental impacts associated
with the praposed Marijuana Dispensary �rdinance project. The issus areas evaluat�d in this
Initial 5tudy include:
Aesthetics X
Utilities and Service S^stems X
Biolo ical Resources X
Public Services X
Land Use and Plannin X
H drolo and Water Q�ali X
Hazards and Hazardous Materials X
For the evaluation of potentia! impacts, the ques#ions in the lnitial Study Checklist are stated and
an answer is provide� according to the analysis underkaken as part af the Inikial Study. The
analysis considers the long term, direck, indirect, and cumulative Empacts of the develoPment. Ta
�ach question, there are four possible responses:
➢ No Impact.The de�efopment will not have any measurable environmental impact on the
environm�nt.
➢ Less Than Signifcant Impact.The development will have the potential for impacting the
environment, although this impact will be below established thresholds that are considered
to be significant
➢ Less Than Signi�cant Impact With Mitigation Incorporated. The develapmenk will
have the potential to generate impacts, which may be considered as a significant effect
on the environmen#, alkhough mitigation measures or changes to the development's
physical or operational character�stics can reduce these impacts to levels that are less
than significant.
➢ Potential{y Significant Impact. The develapment could have impacts, which may be
consid�r�d signifcant, and therefore addikional analysis is required to identify mitigation
measures that could reduce potentially significant impacks to less than significant levels.
Where potential impacts are anticipated to be significant, mitigation measures will be
required, sucY�that impacts may be avoided or reduced ta insigni�cant levels.
3.2 Environmental Factors Clearly Not Affected
The Initial Study found that it can be seen with certainty that the fallowing issue areas wauld not
be significantly impacted and �heTefore no analysis is required:
Aar�culture and Forestry Res_o_urces: There are no prim�agricu[tural lands or forestry lands within
the City limits, therefore none would be impacted by the implementation of the proposed
Marijuana Dispensary ordinance.
Mineral Resources: There are mineral resource extrackion facilities and no knawn mineral
resources within the City limits, therefore none would be affecked by the implementatian of the
proposed Marijuana Dispensary ordinance.
Noise: Research reveals that the �ast majarity of existing medical marijuana dispensaries,
including all the dispensaries in Mendocino Counky are operating within existing structures. It is
ther�farE assumed that if the ordinance is enacted, new dispensaries would open in vacant rekail
commercial or industrial spac� and no noise ordir�ance viofating construction would occur.
The operation af retail medical marijuar�a dispensaries would be required to comply with the
existing City of Ukiah noise orciinance in the same manner as other retail businesses.
Populakion and Housin4: The proposed ordinance would regulate medical marijuana
dispensaries, distribution, and cultivation of marijuana (within the dispensaries}and would not, in
and of itself cause the City's papulation to increase. Nor would the ordinance affect housing in
any way because it wouEd regulate retail businesses not residential prop�r#ies.
Air Qualitv and Greenhouse Gas Emissians: The proposed ordinance would nat result in adverse
impacts to air quality because it would merely regulate certain retail businesses, and based on
the small size of the city and its market area, as well as apportunities to eskablish outside the city
limits, it is anticiPated that only a small number of dispensaries wou[d establish within the city
limits. This has been the affect in other communikies sucF� as Arcata, California. Therefore,
delivery vehicles associated wikh the dispensaries would be limited and would not substantially
contrib�te to air poflutants.
Cu�tural Resourc�s: The City of Ukiah is a dense urban environment where#he ground has been
significantly disturbed ta allow urban de�elopment for over �00 years. If inedica[ ma�ijuana
dispensaries are established within the city as permitted by the proPosed ordinance, it is assumed
that they woulci located within exisking retail cammercial spac� and therefore there no prehistoric
or historic cultural resources would be adversely impacted by the praject.
Recreation: The City's formaE recreation services and activities are primarify conducted in the
lacai parks and on school grounds. The ordinance specifically prohibits the establishmenk of
medical marijuana dispensaries within 250 feet af these areas to preclude impacks.
Geolo and Soils: Research reveals that khe vast majority of existing medical ma�ijuana
dispensaries, including all the dispensaries in Mendocino County are operating with�n existing
struckures. It is therefore assumed that if the ardinance is enacted, new dispensaries would open
in �acant retail commercial space and no impacts to geolagy and soils woufd result. lf a r��w
building was constructed to provide space for a medical marijuana dispensary, a geotechnical
soi[s investigation would be required with the submittal of a building permit applicat�an as required
by the California Building Code to ensure the g�ology and soils are adequate for the development
of a foundakion and building.
3.3 En�ironmental Determinatian
.
�n the basis of this initial evaluatian:
X I find that the propased use COULD N�T have a signi�cant effeck on the environment,
and a NEGAT[VE DECLARATION will be prepared.
I find that although th�e proposal could have a significant effect on t�e environment, there
�ifl not he a significant effect ir� this case because revisions in the project have been made by or
agresd to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposal MAY have a significant effect on the en�ironmenk, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a signi�cant effect(s) on the en�ironment, but at least
one effect 1} F�as been adequately analyzed in an earfier document pursuant to applicable legai
standards, and 2} has been addressed by mitigation measures based on the earlier analysis as
described on attached sheeks, if the effect is a "potentially signi�cant impact" or "patentially
significant unless mitigated," An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addresssd.
I�nd that although the proposed project could have a significant effect on the environment,
because all potentially significant effect (a) have been a�alyzed adequately ir� an earlier EIR or
NEGATIVE DECLARATION, pursuant to all applicable standards, and (b} have been avoided ar
mitigated pursuant to #hat earlier EIR or NEGATIVE DECLARATI�N, including revisions or
mitigation measures are imposed upon the propased project, nothing further is requiretf.
Signature Date
Kevin Thampson, Interim Director
Planning and Community Development
City of Ukiah
ktham�san(a)citvofukiah.com
�lannin�cit�ofukiah.com
www.citvofukiah.com
CHAPTER 4.0—ENVIRONMENTAL ANALYSIS
4.0 ENViRONMENTAL ANALYSIS
The purpose of this Initial StudylProposed Mitigated Negative Declara#ion for the proposed Ukiah
Medical Marijuana Dispensary Ordinance is to provide an analysis of the potential environmental
consequences tF�at are anticipated to occur as a result of implementation of the ordinance in
accorda�ce with the environmental revi�w process as impl�m�nted by the City of Ukiah. The
analysis cantained in this chapter includes a discussion of the anticipated impacts associated with
the implementation of the Ukiah Medical Marijuana Dispensary Ordinanc� as described in
Chapter 2.0 (Project Description}.
4.1 Aesthe#ics - Would the project:
Would t�te Project: Potentially Less Than Less Than No ImpsCt
5ignificant Signiflcant 5ignificant
Impact Impact Impact
with
Miti ation
a. Have a su5stantial adverse
effect on a scenic vista? �
b. S�bstantially damage scenic
resources, including, but
nat limited to, trees, rock �
outc�oppings, and historic
buildings within a state scenic
hi hwa ?
c. Substantially degrade the
existing visual character or
quality of the si#e and its }(
surroundin s?
d. Create a new source of
substantial light or g[are, which
would adversely affect day or �C
nighttime views in the area? �
Significance Criteria:
A project may be deemed to have a significance adverse aesthetic impact if it resu[ts in any of
the fallowing:
�- Changes at the site substantially degrade the character of the site, degrade an existing
public viewshed, or alter the characker of a public view shed by the introduction of
anomalous structures or elemenks.
D Changes at the sit� would result in changes in the expecta#ions of viewers (measured
against the relative importance af those views} and would result in a negative impression
of the view shed. (The emphasis of this criterion is an views fram p�blic areas, not views
from individual lots unless view easemenks are 9nvol�ed.)
➢ Changes at the site substantially conflict with andlor do not uphold the scenic and visual
quality objecti�es for development, as ar#iculated in the County's General Pfan goafs,
objectives
Ana[ysis:
a. Have a substantial adverse effect on a scenic vista?
No lmpact. There are no a�cially designated scenic vistas located within or in close praximity to
the city limits, therefore none would be adverse{y impacted by a medical marijuana dispensary
retail store apening in an existing retail busFness or industrial space. Similarly, if a bui{ding was
�or�structed within the dense u�bar� ci#y environment to accommodate a medical m�rijuana
dispensary, it would nat adv�rsely impact any official scenic vista because none exist in the city
or immediate vicinity.
b. Substantially damage scenic resources, includirrg, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No Impact. There are na o�cially designated scenic resources or state sc�nic highways within
or in close proximity to th� city limits, therefore none would be im�acted by the establishment ot
a medical marijuana dispensary.
Even though the westem hillside overlooking the City of Ukiah is nat designated as an official
scenic�ista, an argument could be made that the views of these hills are important. The hillside
area is zoned for rural residential develapment and therefare according to the proposed ordinance
na medical marijuana dispensary could locate in this area of t�e community.
c. 5ubstantially degrade the existing visua! character or quality of the site and its
surroundings?
No Impact. As noted abave, it is expected that any proposed medical marijuana dispensary that
eskablishes in the City pursuant to the pravisions of the proposed ordinance would locate within
the existing building in the densely urban environment af the city and therefore not create new
impacts to the visual character ar �uality in the area. Alsa, as noted above, if a bui[ding was
constructed within khe dense urban city enviranm�nt to accammodate a medica! marijuana
dispensary, it wauld be subject to design re�iew board and planning commission review, as well
as separate CEQA re�iew, which would ensure that na new visual impacts would result frflm the
project.
If a medical marijuana dispensary erects signs far its business, they wauld be required to comply
with existing sign regulations designed to protect the visual qc�ality of commercial areas and
therefore would not degrade visual character and quality of its surraundings.
d. Create a new source af substantial light or glare, which would adversely affect day or
nighttime views in fhe area?
Na Impact. As not�d above, it is expected tha#any proposed medical marijuana disp�nsary t�at
establishes in the City pursuant to the provisions af the proposed ordinance wou�d locate within
the existing building in the densely urban environment of the city and ther�fore not create light or
glare impacts. Nighktime and daytime views of the densely urban environment where medical
marijuana dispensary would locate are of buildings, signs, mator vehicles, trees, etc., and the
Ukiah City Code prohibits substantial light and glate from businesses from shining into streets. If
a building was constructed within the dense urban city environment ta accommadate a medical
marijuana dispensary, it would be subject to design review board and planning commission
review, as well as separate CEQA review, which would ensure that no impacts to daytime and
nighttime visual rasources would result from the praject.
Cumulative Impacts
Since no visual quaiity impacts would result from implementatian of the ordinance, none would
contribute cumulative�y to the degradation of visual quality in the C9ty of lJkiah.
Mit�gation Measures
Project implementation will not result in any�otentia[ly significant�isual impacts. Therefore, no
mitigation measures are required.
4.2 Utilities and 5ervice Systems—Wou{d the Project:
Would the Project: Potentially Less'Than Less Than No Impact
Significant 5lgnificant Signiflcant
Impact Impact Impact
with
Miti ation
a. Exceed wastewater treatment
requirements of the � 7C
appl€cable Regional Water
Quality Contral Board?
;
b. Require or result in the
cnnstruction�f new water or
wastewater kreatment facilities or �
expansion of existing �
facilities, the construction of
which could cause
significant environmental
effects?
c. Require ar result in the
construction of new storm
water drainage#acilities or �C
expansion of exis#ing facilities, '
tF�e construction of which could
cause signifcant
environmental effects?
d. Have suffcient water supplies �
available to serve the �
project from existing entitlements 7�
and resources, nr are new
or expanded entitlements F
needed?
e. Result in a determination by
the wastewater kreatment
provider, which ser�es or may
serve the praject that ik has
adequate capacity to serve the J{
projeck's projected demand
in addition to the provider's
existing
f. Be served by a land�ll with
sufficient permitted capacity to
accommodate fhe project's snlid
waste disposal needs? � �
f. Be served by a landfA with ,
sufficient permitted capacity to
accommodate the pro�ect's soEid �C
waste disposal
needs?
g. Comply with federal, state, �
and local statufes and , X
� regulations related to solid '
� waste?
Significance Criteria:
The prapased project wauld r�sult in significant adverse environmental impacks if any of the
following accur:
➢ The project-refat�d demand caused an increase in wastewater kreatment that reached or
exceeded the current capacity of existing or planned treatment facilities or caused a
reduction in the le�el of service, thereby requiring substantial expansion of existing
facifities or the construction of new facilities.
➢ The praposed project's use of waker resources wilE substantially and adversely deplete
existing sources of domestic water.
D The proposed project will require the construction of new water facilities beyond thase
already planned and the cost of which would nat be b�rn� by the applicant.
➢ The project will generate solid waste that�xceeds the capacity of the landfilf to accept and
disposal of the waste.
Analysis:
a. Exceed wastewater treatment requirements of the applicable Regional Water Qualify
Confrol Board?
Na Impact. While the ordinance would permit some grow�ng (and watering) of marijuana on-site
at a dispensary locatian, it cauld not exceed 1,5U0 square feet of area and musk be contained
inside of the building. The ordinance also requires culti�ation practices to ukilize the most water
ef#icient mekhods available, and the City has the right to require annual rEports on cultivatian
facility practices including water conservatifl� methods. Moreover, the ordinance requires the
cuitivation methods ta fully comply with all applicable starmwater, wastewater and building code
requirements.
b. Require or resu!!in #he consfruction of new water or wasfewater treatmenf facilities or
expansion of existing facilities, the construction of which could cause signifrcant
environmental effects?
No Impact. As noted above, dispensary cufti�ation operations are limited in size and water use
and would be re�iewed by water and wastewater officials. A proposed dispensary wauld not be
allawed to be d�v�loped if water and wastewater facilities could not serve th� proposal.
Mareover, based on the experiences of other s�mifar sized cities such as Arcata and Sebastopol,
it is reasonable to ass�me that the small market area of Ukiah wo�ld not resul# ir� a profiferation
of inedical marijuana dispensaries. Accordingly, it is anticipated that water and wastewater
ser�ices wauld be available to the few dispensaries that may be proposed in the City.
c. Require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the canstruction of which could cause srgnifrcant environmental
effects?
No Impact. 5imilar ta above, Ef the expected maximum amount af water to be used in the
cultivation practices associated with a future dispensary was discharged from the sites inta the
storm drain system, it would be camparable to the runoff from a single family residences.
Moreover, it is anticipate� tt�at n�w dispensaries wauid most likely be proposed in sxisting
buildings and therefore not increase urban stormwater runoff. In all likelihood, the water used,
but not absorbed into the soil and plants would not be discharged into the storm drain system, buk
rather into the wastewater system or drained to landscaping an the site. No impact ta the storm
drain system is expect�d.
d. Have su�cient water supplies available to serve the project fram existing entitlements
and resources, or are new or expanded entitlements rreeded?
No lmpack. Discussions with the City Public Works Departrnent reveal that the City has the water
supply to serve the minor demand that would be creaked by marijuana dispensary cultivation
practices r�sulting from the proposed ordinance. This is based on th� r�asonable assumption
that the small popuEation and �xisting market area wouid not suppart more than a few
dispensaries. However, even if more than a few dispensaries were proposed, th� Public Works
Department would determine if the City had the capacity to serve the proposed dispensary before
granting approval just as it does with every proposed development project.
e. Result in a defermirration by fhe wastewater treatment provider, which serves or may
senre the project that it has adequate capacity fo serve the project's projected demand in
addition to the provider's existing commrtments?
No Impact. Discussions with the C�ty Public Works Department reveal that the City has the
wastewater treatment capaciky to serve the minor demand that would be created by marijuana
dispensary cultivatian practices resulting from the proposed ordinance. This is based an the
reasonable assumption that the smali population and existing market area would not support more
than a few dispensaries. Howe�er, even if more than a few dispensaries were proposed, the
Public Works Department would determine if khe C�ty had the capacity to serve the proposed
dispensary before granting appro�al just as it does with every proposed development project.
f. Be served by a landfrll with su�cient permit�ed capacity to accommodate the projecf's
solid waste disposal needs7
No ImPack. The solid waste generated from an assumed maximum of three {3) marijuana
dispensary businesses is not expected to exceed what a typical retail business generates and
therefore would not adversely impact solid waste pick-up and disposal operations. This was
confirmed by the City Department of Public Works staff. This is based on the reasonable
assumpti�n that medical marijuana dispensaries would not generate an unusual amount of soild
waste.
g. Comply with federal, state, and laca!sfatutes and regulations related to solid waste?
No Impact. The solid waste generated from future marijuana dispensary businesses is not
expected ta be signi�cant and is required to comply with a[I federal, state and local laws related
ta solid waste.
Cumulative Impacts
It has been concluded that the implementation of the propased marijuana dispensary ordinance
would result in minor water usage, little or no discharge of water into the stormdrain system, and
littl� or no discharge into tf�e wastewater systems, and th�refore no impacks to khe City's utility
and services systems. These minar amounts of water use and discharge would be comparable
to approximately a typical single family residences, which according ta the Departmenk of Public
Works would not result in cumu�ati�e impacks, when combined with known or foreseeable future
�rojects.
Mitigation Meas�res
Project implementation will not result in any potentially significant impacts to utilities and ser�ice
systems. Therefore, no mitigation measures are required.
4.3 Biological Resources - Wo�ld the project:
Would tE�e Project: Potentially Less Thar� Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mlti ation
a.�lave a substantial adverse ef#ect,
either directly or X
through habitat modifications,on
any species idendfied as
a candidate,sensiiive,or special
status species in
lacal or regional plans,policies,or
regulatians,or by the
Califomia Department of Fish and
Game or II.S. Fish and
Wildlife Seroice?
b. Have a substantial adverse effect
on any riparian habitat
or ather sensitive natural cammunity X
identified in local or
regional plans,policies, regulatians
or by the Califomla
Department of Fish and Game ar
U.S. Fish and Wildlife
$8NIC8�
c. Mave a substantial adverse effect
on federally protected
wetlands as de�ned by Section 404 �
of the Clean Water
Act{including,but not limited to,
marsh,vemal pool,
coastal,etc.)thraugh direct removal,
filfing,hydrological
interruption,or other means?
d. Interfere substantially wi#h the
mavement of any native
resitfent or migratory fish or wildlife �
speciss or with
established native resident or
migralory wildlife corridors,
or impede the use of native wildlife
nurse sites?
e.Con�ict with any local policies or
ordinances protecting X
biological resources,such as a tree
preservation policy or
ordinance?
f.Conf�ict with the pravislons of an
adopted Habitat
I .serv�'.' n Pi , (v t� al X
Plan,or ather appro�ed local,
regional,or state habitat ;
conservation pian?
Significance Criteria:
The propased project would result in s�gnificant adverse environmental impacts if on� or more of
the folfowing conditions occur as a result of impEementation of the proposed project:
➢ Direct or indirect loss of individuals of a state- or federal-listed threatened ar endangered
species.
➢ Substantial ad�erse effect on a rarE plank or animal species.
➢ Substantial adverse effect on a species or native plant or animal communi#y.
➢ Substantial ad�erse effeck on a habitat of concern.
➢ Substantial adverse effect on a critica[, yet limited, resource utilized by state or federal
lisked threatened ar eridangered species.
➢ Substar�tial adverse effect on the movement of any resident or migratary fish or wifdlife
species.
Analysis:
a. Have a substantial adverse effect, either directly or through habitat modifications,
an any species idenfifred as a candidate,sensifive, or specia!status species in local
or regional plans, policies, or regulations, ar 6y the California Department of Fr'sh
and Game or U.S. Fish and Wildlife Service?
No Impact. It is expected that most, if not all future marijuana dispensary businesses would
locate in existing retail commercial buildings in the dense urbar� environment and not involve
new construcfion, and therefore would not adversely impact pfant and animal habitats and
special s�eciss. However, if a new b�ilding were proposed in the future, it would be subject
to discretionary revisw and potential impacts to plants and animals and their habitats would
be evaluated through separate CEQA review.
6. Have a substantial adverse effect on any riparian habitat or ather sensitive nafura!
community idenfi�ed in local or regional plans, policies, regulations or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact. ft is expected that most, if not all future marijuana dispensary businesses would
locate in existing retail commercial buildings in th� dense urban environment and not involve
new construction, and therefore would not adversely impact riparian habitats ar other sensikive
natural communities identified i� planning policy docum�nts. Hawe�er, if a new building were
ptopased in the future, it woufd be subject to discretionary review an� patential impacts to
riparian areas. would be evaluated through separate CEQA review.
c. Have a substantia! adverse effect an federally pratected wetlands es defrned by
Section 404 of the Clean Water Acf(including,but not limited to,marsh, verna!poal,
coastal, etc.j through direct removal, frfling, hydrolagical irrterruption, or ofher
means?
No �mpact. It is expected that mast, if not all future marijuana dispensary businesses would
locate in existing retail commercia! buildings in the dense urban environment and not in�alve
new construction, and therefore wauld not adversely impact wetland areas. However, if a new
building were proposed in the future, it would be subject to discr�tionary review and potential
impacts to wetlands would be evaluated through separate CEQA review.
d. Interfere su6stantially with the movement of any native resrdent or migratory�sh
or wildlrfe species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
No Impact. It is expected that most, if nat all future marijuana dispensary businesses would
locate in existing retail commercial buildings in the dense urban en�ironment and not in�alv�
new construction, and therefore wauld not adversely impact mo�ements of any native animais
or fish species, wildlife corridors, or impede the use of native wildlife nursery sites. Hawever,
if a new building were praposed in tF�e future, it would be subject ta discretionary review and
potentiaf impacts ta movements of any naki�e animals or �sh species, wildlife corridors, or
impede th� use of native wildlife nursery sites would be evaluated thraugh separate CEQA
review.
e. Conflict wifh any local policies or ordinances protecting biological resources, such
as a tree preservation pvlicy or ordrnance7
Na Impact. The City does nat have any ordinances protecting biological resources, but does
have tree pratection policies. It is expected that most, if not all future marijuana disp�nsary
businesses wauld locate in existing retail commercial buildings in t�e dense urban
enviranment an� not involve new constructior�, and therefore wauld not violate the Ci#y's tree
prot�ction policies. Howe�er, if a new building were proposed in the future, it wauld be
subject to discretionary review and c�nsist�ncy wit� the City's tree proteckion policies wouid
be required.
f. Conflict with the provisions of an adopted Habitat Conservafion Plan, Naturat
Communify Conservation Plan, or ofher approved local, regional, or stafe habitat
conservation plan7
Na Impact. Any future marijuana dispensary permitted under#he proposed ordinance would
be located within the city fimits. There is na adopted Habitat Conservatian Plan appficable to
the City of Ukiah and therefore none would be violated by the establishment of a marijuana
dispensary locating within an exisk9ng retail commercial building or if it involved new
construction.
Cumulative Impacts
Since no potential biological impacts were identifisd, none would contribute to possible cumulative
im�acts to biological resources.
Mitigatian Measures
Project implementation will nat result in any potentially significant biologica! resource impacts.
Therefore, no mitigation measures are required.
4.4 Public Services—Would the Project:
�Jo:�!!��nc P:o:cc.: I P�:�nii�Ily I �c���t�a� ( �e�s"fhan T.'� ]mp�.c:
S'yr'�':c�nt S: �i-•c�rs ; ic 'F'c +'t I
lmpact Impact Impact
with
Miti ation
a.Would the project result in
substantial adverse physical X
, impacts assaciated with khe
� provision nf new or
physically altered governmental
facilities, need for new 1
or physically altered ,
go�ernmental facilities, the
conskruction of which could
cause signi�cant
environmental impacts, in order
to maintain acceptable
service ratios, response times or
other performance
objectives for any of the public
services:
1. Fire protection?
X
2. Police protection
X
3. Schools?
� X
4. Parks?
X
5. Other Facilities? '
X �
Significance Criteria:
The proposed project wauld result in significant adverse environmental impacts if any of the
following occur:
➢ An increase in khe demand for fire protectian services to such a degree that accepted
� service standards (e.g., manpflwer, �quipment, response times, etc.) are not maintained.
➢ The interFerer�ce with emergency respons� or evacuation plan(s) in the community or not
provide internally consistent analysis or poiicies to guide future development.
� Expase people or structures to significant risk of Ioss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands.
➢ Result in response times that exceed the County's adopted maximum emetgency
response criteria.
➢ An increase in the demand for law enforcement services to such a degree that accepted
service stan�ards are not maintained without an increase in manpower andlor equipment.
Analysis:
a. T and 2. Would the project result in substantia!adverse physical impacts associated
wifh the provision of new or physically altered governmental facilities,need for new
or physically altered governmental facilities, the c�nstrucfron of which could cause
vignifica,�t ^FI:-'ironmenfc^�1 d;�7��C�5, !l7 O1"il�r .`o muir�`�I.^. �CC£'�7:�3�7��' ��rvice rafios,
response times or other perfarmance ob1ectives for fire protection or police
protection?
No Impact. Any future marijuana dispensary that inc[udes indoor growing would require an
electrical building permit for grow lighting and would be reviewed by the Caty Building Offcial
and Fir� Marshal for compliance with the State Electrical and Fire Codes. No construction
would be permitted that did not comply with the Stake Electrical and Fire Codes.
The City Police Department has assisted in the preparation of the proposed ardinance and as
a result, police pratection concerns related to the location, intensity, operatians, land use
compakibility, etc. have �een fully addressed by the standards and requirements conkained in
the ordinance.
b. 3 and 4. Would the project result in substantial adverse physical impacts associa#ed
with the pravisian of new or physica!!y altered governmental facilities, need for new
or physically alfered governmental facrlities, the construction of which could cause
srgni�cant environmenta! r'mpacts, in order to maintain acceptable service rafios,
response trmes or other performance objectives far schools and parks?
Na Impact. The ordinance specifically mandates that future marijuana dispensary facilities be
focated a minimum of 250 feet from any school or park to eliminate any pokential impacts to
these facilities.
c. 5. Would the project result in substantral adverse physical impacts associated with
the provision of new or physica!!y altered governmental facilities, need for new or
physically altered governmenta! facilifies, the constructian of which could cause
signifrcant environmental impacts, in order fo maintain acceptable servrce ratios,
response times or other performance objectives for other public facrlitiesT
No Impact. The City Police and Fire Departments have reviewed the proposed ordinance and
have concluded that permitting marijuana dispensar�es in commercial and industrial zones
within the city,would nflt adversely impack their abilities ta provide adequate ser�ice ar require
new or altersd police or fire facilities to maintain accepkable response times or other
perFarmance objectives.
Cumulati�e Impacts
5�nce no impacts to public services were identi�ed, none would contrib�te ta passible cumulative
impacts.
Mitigation Measures
Project implementatian will not result in any patenkislly significant public service impacts.
Therefore, no mitigation measures are required.
4.5 Land Use and Planning—Would the Project:
Would tF�e Project: Potentially Less Than Less Than No lmpact
Signlficant Signiflcant Signi�icant
Impact Impact Impact
with
Miti ation
a. Physically divide an
established communi# ? X
b. Canflict v��ith any a�-�l;�-�.ble
!
or regulatian of an agency with
jurisdiction aver X
the project(including, buk not
limited to the general plan,
specific plan, local coastaE
program, ar zaning
ordinance)ado�ted for the
purpose af avoiding or
mitigating an environmentaf
e�fect?
c. Conflick wikh any applicable
habitat conservation plan or X
natural community conservation
1an?
Significance Criteria:
The proposed project wauld result in s9gnificant adverse environmenta[ impacks if any of the
following occur:
➢ Physically divide an established community.
� Conflict with ths Counky of Mendocino County General Plan or zoning ardinance.
➢ Conflict with tF�e Habitat Conservation P{an for Mendocino County.
➢ Be �ncompatibi� wikh adjacent land uses.
Ana[ysis:
a. Physically divide an esfablished communify?
No Impact. It can be seen with certainty that if marijuana dispensary business establish wit�in an
existing retail commercial building or if a new building is constructed to accommadate such
businesses, the established community wou[d not became divided.
b. Conflict with any applicable land use Plan, policy, or regulation of an agency with
jurisd�ction over the project (including, but not limited ta the general plan, specific
plan, local coastal program, or zoning ordinance) adopted for the pur�ose of
avoiding or mitigating an environmenta! effect?
No Impact. The project would result in permittin� a new type of retail business in the City where
it is currently not fisted as a permitted business in the city code. Revi�w of the general plan and
other applicable plar�ning docurnents reveals no conflict or�nconsistency with adopted goals and
polices, or with o#her land use regulations.
c. Conflict with any applicable habitat conservation plan or natural community
conservation plan?
N� Impact. As noted in the Biological resou�ces section abave, the City of Ukiah does not have
a Habitat Conservation Plan or natural Communities Conservation Plan, sa that none would be
adversely impacted by the prflposed marijuana dispensary ordinance.
Cumulat�ve Impac#s
S�I Cv �0 '.:"",�'"..S .J I:''"':. ' ' , . .,. , .. ' � ,..:r :7 "�'J�� :{.
r�� . . � . � R J.
Mitigation Measures
Project implemenkation will not result in any potentially sjgnificant land use planning impacks.
Therefore, no mitigation measures are required.
4.6 Hydrology and Water Quality—Would t�e Project:
Would the Project: Potentially Less 7'han Less Than Na Impact
Significant Signif3cant Signtflcank
Impact Impact Impact
with
Mitl atian
a.Violate any water quality
standards or waste discharge X
requirements?
b.Violake any water c{uality
standards ar waste discharge X
requirements?
c.Substantially depleie groundwater
sup�lies or interFere substantiaaly
with groundwater recharge such that �
there
would be a net deficit in aquifer �
volume or a lawering of the local � X
groundwater table lev�l(e.g.,the
praduction rate of pre- exisking
nearby wells would drop to a level I
which would not support existing ,
land uses ar planned uses for which .
� permits ha�e been granted)?
d.Substantially alter the existing
drainage pattem of the site or area, !
including tFirough khe alteration of
the � �
course of stream or river,in a i X
manner,which would result in �
substantia[erosion or sittation on- �
or of�-site?
�
e.Su6slantially alter�the exisling
drainage pattem of the site ar area,
including through the altera�on of
{�ye �
course of a stream or ri�er,or X
substantially increase the rate or
amount af surface runaff in a �
manner,wh�h would resuli in
ilooding on - or aff- site?
; f.Create or cantribute runafFwhich :
� wauld exceed the capacity of x
� existin or lanned storm �
g.water drainage systems or provide
subskantial additional sources of
polluted runoff7 X
fl� , �SL1�J tdfi � r;L'�Y...-�-�I---- � ,
�
i.l'lace housing wiihin a 100 - year .
� flood hazard as mapped on a
Federal�lood Hazard Boundary or
Flaod X
Insurance Rate Map or other flood
hazard delineation map?
�
j.Place structures within a 100-year
flood hazard a�ea which would
impede or redirect flood�ows? X
k.lnundation by seiche,tsunami,or
mudflow? X
k
I.Result in a potential far discharge
af stormwater
pollutants from areas of material
storage,r+ehicle or
equipment fueling,vehicle or X
equipment mainkenance
(including washing),waste handling,
hazardous �
materials hanciling or storage,
deli�ery areas,loading `
docks or other outdoor work areas? �
m.Result in the potentia[for
discharge or stormwater to X
affect the beneficial uses af the
receiv�n waters?
n.Create the potenkial for significant
change in khe flow X
velocity or volume af stormwater
runoff to cause
environmental harm7
o.Creates insignificant increases in �
erosion of the project X
site or surroundin areas?
Significance Criteria:
➢ The proposEd project would resuft in signi�cant ad�erse en�ironmental impacts if one or
more of the following conditions accur as a result of implementatifln of the �roposed
praject:
➢ Substantjal and adverse increased inundation, sedimentation and/or damage from water
forces to the subject project andlor other properties are caused by impro�err�ents such as
grading, canstruction of barriers or sfructures.
➢ Development within the 104-year flood plain as delinested by FEMA that would �xpose
people andlo.r property to potential serious injury andlor damage.
➢ Imper�ious surfaces increase andlor divert storm water runoff that results in the ina�ility
of the existing collection and conveyance facilities to accommodake khe increased flows.
➢ Project implementatian wili cause a violatian af water quality abjectives for surface and
groundwater as established by the Water Quality Control Plan and impede the existing
beneficial uses of on-site surFace waters or aff-sike caastal waters as defined in the Water
Quality Control Plan.
➢ A usable groundwater aqui�er far municipal, private, or agricultural �urposes is
substantia�ly and ad�ersely affected by depletian ar recharge.
➢ Storm water andlar induced runoff mixes with a tidal habitat or pond causir�g instability to
the existing water quality {e.g., reduction of salinity below 16 ppm) which, in tum,
substantially and adversely affects the sensitive brackishlsaltwater marsh habitat by
allowing far the introduction and establishment af invasi�e fresh water species.
➢ Sedimer�ts are increaseci andlor diverted by proAosed improvements and cause sediment
deposition in de�ned sensitive habitat areas (e.g., wetlands, jurisdictional waters) khat
adversely affeck or signi�cantly affect signi�cant habitat andlor sensitive species as
recognized by the applicable resaurce agencies.
Analysis:
A through o. Impacts to loca!hydrology and water qualrty
No Impact. The propased marijuana dispensary ordinance would ailow dispensaries to locate
within existing buildings and/or construct new buildings with the securing of a use permit. Given
the small market area, it is expected khak only a few dispensaries would choose to locate within
the city limits. Dispensaries that lacated within existing buildings wauld not impact factors a
through o lisked in the Table abo�e becaus� they would nat invofve site grading or construction,
ar alkerations to drainage patterns, wetlands, or floodplains.
Canstruction of new buildings to house marijuana dispensaries would require discretionary review
and would be required to comply with all city code reguirements related to hydrolagy and
stormwater management, locating outside floodplains, environmental quality, as well as the stake
building code.
Cumula#ive Impacts
Since no impacts to hydralogy and water quality were identi�ed, none would contribute to possible
cum�lati�e impacts.
Mitigation Measures
Project implementation will not result in any potentially sig�ificant hydrology �r water quality
impacts. Therefore, no mitigation measures are required.
4.7 Hazards and Hazardous Materials—Would the Project:
Would the Project: Potentially Less'1'han Less Tisan No lmpact
Significant Signiflcant Significant
Impact Impact Impact
with
Miti ation
a. Create a significant hazard to
the public or the en�iranment X
through the routine transport,
use, or disposal of hazardous
materials?
b. Create a significant hazard to
#he public or the environment
through reasonably foreseea�le
upset and accident conditions '
invol�ing the refease of �
hazardous
materials into khe environment?
c. Emit hazardous emissions or
handle hazardous ar acutely 7C
hazardous materiafs,
substances, ar waste within one-
quarter mile of an existing or
proposed �
schoal?
ci. Be located on a site, which is
included on a list of hazardaus i
materials sites compiled
pursuant to Government Code 7(
Section 65962.5, and, as a
result,
would it create a significant
hazard to the public or the
en�ironment?
e. For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles ' �
of a public airport or public use
airport, would the project
result in a safety hazard for
people res€ding or working in �
the ro'ect area?
f. For a project within the vicinity
of a private airstrip, would the
praject result in a safety hazard �C �
for people residing or working in
the ro"ect area?
g. Impair implementakion of or
physically interfere with an
adopfed emergency response 's }�
plan or emergency evacuation �
lan?
h. Expose people ar structures to
a significant risk of loss, injUry or
death invol�ing wildland fires, �
including where wildlands are �
adjacent to urbanized areas ar �
�'�..�."t� "����.��'�''c �.�v Ir;','��'.if(' .'.�.� .
. �., ��
Significance Criteria:
The prapased project would result in significant ad�erse en�ironmental impacts if one or more af
the following conditions occur as a result of implementation of the proposed project:
➢ Create a signi�cant hazard to the public or the environment through the routine transport,
use, or disposal af hazardaus materials.
➢ Create a significant hazard to the public or the environment through reasonably
foresesable upset and accident conditions involving the release of hazardous makerials
into t�e environment.
➢ Emit hazardous emissions or handle hazardaus or acukely hazardaus materisls,
substances, or waste within one-quarter mile of an existing or proposed school.
➢ Be located on a site that is included on a list of f�azardous materials sit�s compiled
putsuant ta Government Cade 5ection fi5962.5 and, as a result,would create a significant
hazard to the public ar the environment.
➢ Result in a saf�ty hazard for people residing or working in the project area i#located within
two miles of a public airport or public use airpart.
AnaEysis:
a. C�eafe a significant hazard to the public or the environment thraugh the routine
transport, use, or drsposal of hazardous materialsT
No Impact. Smafl indoar marijuana cultivation areas associated with dispensaries c�uld
involve the use af fertilizers and inseckicides. However,the amount and schedule of use would
be comparable to a typical outdaor garden on a single family residenkial property and therefore
nat signi�cant.
b. Create a signifrcant hazard fo the public or the environment through reasonably
foreseeable upset and accident corrditions involving fhe release of hazardous
materials irrto the environment?
Nfl Impack. As indicated above, the minor use of fertilizers and insecticides may occur in the
future dispensari�s, but because of limitatians on the size af growing areas and the number
of dispensaries would nok result ir� signi�cant hazardous conditions.
c. Emif hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste wifhin one-quarter mile of an existing or proposad school?
No Impact. As indicaked aba�e, the minor use of fertilizers and insecticides may occur in khe
cultivation areas of future dispensaries, but b�cause of limitations on the size flf growing areas
and the number of disper�saries would not result in hazardous emissions. These materials
are not considered acutefy hazardo�s.
d. Be loca#ed on a srfe, which is included on a list of hazardous mat�rials sites
compiled pursuant to Government Code Section 65962.5, and, as a result, would it
create a signi�cant hazard to the public or the enviranmentT
No Impact. It is expected that future marijuana dispensaries would be located in existing retail
cammercial buildings and therefore not on any hazardous makerial site. Any newly proposed
building intended to house a dispensary would be subject to discretionary review and CEQA
campliance and would be evaluated at that time. Mareover, no hazardous sites included on
a fist Pursuant to Government Code Sectian fi5962.5 exist within the ciky limiks.
e. For a project locafed wifhin an airpart land use pfan or, where such a plan has not
been adopted, wifhin h+vo miles of a public airport or public use airport, would the
praject result in a safety hazard for people residing or working in the project area?
No Impact. The city has an AirPa�t Master P1an with d�nsity, height and open 5�38CE
requirements intended to prateck people, as well as the airport. It is expected that future
marijuana dispensaries would typically locate in exis#ing buildings or construct small buildings
and wauld no# involve large concen#rations of people. They wauld function similar to
pharmacies and smalf retail stores and therefore would not violate the far�d use compatibility
standards conkain in the Airport Master Plan.
f. For a project within the vicinify af a private airstrip, would the project result in a
safety hazard for people residing or working in the project area?
No Impact. {See Item e above)
g. lmpair implementation af or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
No Impact. New marijuana dispensaries would operate similar to pharmaci�s and small retail
stores and th�r�fore would nat co�flict or interfere with any adopted emergency response
plan.
h. Expose people or structures to a significanf risk af loss, injury or death irrvalving
wildland frres, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact. Pursuank to the locations requirements contained in tE�e proposed ardinance, na
marijuana dispensary could be Eocated in the w�stem hillside area of the city,which �s k�e�nly
Wilt�land Fire hazard designated area in the City.
Cumulati�e Impacts
Since no impacts ta hazards and hazardous materials were identi�ed, none would contribute to
possible cumulative impacts.
Mitigation Measures
Project implementation wil[not result in any potentially significant hazards and hazardous material
impacts.Therefor�, no mitigat�on measures are required.
CHAPTER 5.0— CONCLUSIONS
5.0 C�NCLUSIONS
The analysis contained in this Initial Env'�ronmental Study reveals khat the proposed medica{
marijuana dispensary ordinance would r�ot resu�t in potentially sigr�ifcant ad�erse impacts an the
physical environment.
5.1 Mandatory Findings af Significance
; Woulci the Project: Potentially�Less Than Less Than No ImpaCt
, Significant Significant Signi�icant
� Impact Impact lmpact
with
Mitl ation
a. Does#he project have the � X
potential to degrade the qualiky '
of the enviranment, substantially
reduce tF�e habikat of a fish or i
wildlife species, cause a fish or
wildlife papulation to drop below �
self sustaining levels, threaten to �
eliminate a plant or animal ;
community, reduce the number �
or restrict the range of a rare ar I
endangered plant or animal or
eliminate important examples of �
the major periods of California i
�iskory or prehistory?
� b. Does the project have impacts
that are indi�idually limited, but �
� cumulative{y considerable?
� ("Cumulatively considerahle"
means that the incremental
effects of a project are �
considerable when viewed in
connection with the effects of �
past projects, the effects af other
current projects, and the eff�cts
of probable future prajects)?
c. Does tfi�e project have ;
environmental ef�ects,which will �� }C
cause subskankial adverse
effecfs on human beings, either
directly or indirectly? �
Impact Analysis
a. Does fhe project have fhe potential to degrade the quality of the environment,
substantiaNy reduce the ha6itat of a �sh or wildlife species, cause a �sh or wildlife
population to drop below self-sustaining levels, fhreaten to eliminate a plant or
animal community, reduce fhe number or restrict the range of a rare or endangered
plant or anima! or eliminate importan#examples of the major periods of California
hisfory or prehistory?
Na. Based on the fndings and conciusions contained in the Initial Environmental 5tudy,
the proposed medical marijuana dispensary ardinance wouid not have the pot�ntial ta
degrade the quality of the environm�nt, substantially reduce the habitat of a fish or wildl�fe
species, cause a fish ar wildlife population to drop below seif-sustaining levels, kl�reaten
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 major periods of
California history or prehistory?
b. Does fhe project have impacts that are individually limi#ed, 6ut cumulatively
consrderable? ("Cumulatively considerable"means that the incrementa! effecfs of
a project are considerable when viewed in connection with the effects of past
projects, the effects of other current projecrs, and the efifecfs of probable future
projects)T
No. Based on the �ndings and conclusions cantained in the Initial Environmental Study,
khe proposed medical marijuana ciispensary ordinance would nok hav� impacts #hak are
individually limited, but cumulatively considerable? ("Cumulatively considerable" means
that khe incremental effects of a praject are considerable when viewed in cannection with
the effects of past projects, the effecks of other current projects, and the effecks of probable
future projects)?
c. Does the project have environmental effects, which will cause su6stantia!adverse
effects on human beings, either direcfly or indirectly?
No. Based on the fndings and concl�sions contain�d in t�e Initial Environmental Skudy,
the proposed medical marijuana dis�er�sary ordinance would not have environrnental
effects, which will cause substantial adverse effects an �uman beings, either directly or
indirectly?
5.2 Mitigation Mon�toring and Reporting Program
In accardance with khe California Environmental Qual�ty Act (CEQA), th� City of Ukiah
Departmenk of Planning and Community De�elopment prepared a Negative Declaration (ND)and
Initial Study for the proposed project located citywide. The Initial Enviranmental Study and ND
indicated that na po�ential adverse environmentai impacts would result from the implementation
af the praposed medical marijuana dispensary ordinance.Therefore no mitigation measures were
required or identified and a Mitigation Monitaring and Reporting program is not required.
CHAPTER 6.0—REFERENCES
7.0 REFERENCES
4. California Department of Conservation, Divisian of Land Reso�rce Prakection Farmland
Mapping and Monitoring Program—Mendacrno Counfy—lmportant Farmland 2092, Sh�et
2 of 2.- ftp://ffp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2012/men12 so.pdf
2. California Department af Conservation, Division of Mines and Geology— Specia!Studies
Zone, Ukiah Quadrangle. Dated Jan�ary 1, 1982.
3. Califarnia Department of Forestry and �ire Protection —Fire Hazard Severity Zones,
Mendocina County. November 2007.
http:llfrap.�re.ca.govlwebdatalmapslm�ndocinolfhszs_map.23.pdf
4. Department of Transportation - California Scenic Highway Mapping 5ystem.
�ttp:llwww.dot.ca.govlhqlLandArchlscenic highwaysli�dex.htm
5. County of Mendocino— The County of Mendocino General Plan. Adopted August 2009.
6. Caunty of Mendocino—Ukiah Valley Area Plan {UVAP). Adapted 2012
7. Federal Highway Administration — Cans#ruction Noise Handbook.
https:llwww.fhwa.dot.govlenvironment/noiselconstruction_noiselhandbook/handbook00.
cfm
8. Ukiah General Plan a�d Growth Managemenk Plan, �995{200412009—Hausing Element}
www.citvofukiah.com
9. Ukiah Municipal Airport Master Plan. Adopted 1996.
10. Ukiah WalMart Expansion EIR. Certi�ed 2010
11. Ukiah Costco EIR. Certified 2012
12. Ukiah City Code—Medical Marijuana Dispensariss 5700-5703. �rdinance 1095 adapted
2aa�.
13. Llkiah Municipal Service Review, LAFCo, 2012
14. Ukiah Urban Water Management Plan, 2010
15. Ukiah City Code Zoning Regulatians, Division 9, Chapter 2.
oRnirralvcE rro.
ORD[NANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING CHAPTER 8 IN DNISION 6; TABLE 3 IN SECTION 92231
OF ARTICLE 18, CHAPTER 2 IN DIVISION 9; AND SECTIUN 9254 IN
ARTICLE 19, CHAPTER 2 IN DIVISION 9 OF THE UKIAH CITY CODE,
ENTITLED ��MEDICAL MARIJi]ANA DISPENSARIES"
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Chapter 8 in Division 6 of the Ukiah City Code is hereby amended to read as foIlo�vs:
§ 5'100 FINDINGS AND PURPOSE.
The City Council adopts the ordinanc� 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 Stat�s.
(B) In 199G, the voters of the state of Ca�ifornia approved Prapositian 215, codif ed at
Health and Safety Code §11362.5 et seq. (the"Act").
(C) The Act creates a limited �xception from crimina! liability for seriausIy ill persons
who are in need of inedical marijuana for specified medical purposes and who obtain and use
medical marijuana under limited, specified circum5tances.
(D) On lanuary 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 afthe MMP and in response to the MMP's explicit res�rvation 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 permikted the
eskablishment of inedica! marijuana dispensaries had experienced ser�ous adverse impacts
associate� 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 sm�lls, indoor fire hazards, mold, fungus, and pests caused by
indoor cultivation at dispensaries.
�
(F)To address these potential adverse impacts, in 2Q0'�, tl�e City Council enacted
Ordinance 1095, §1 ("Medical Marijuana Dispensaries Ordinance"), which prohibited and
declared a public nuisance medical marijuana dispensaries in the City of Ukish.
(G}The 2007 Medical Marijuana Dispensaries Ordinance also states#ha�the City
Council's intentian is to prohibit the operation and location of dispensaries in the City"until
such time as t�eir legality is clearly established and a proposal can be developec� that would
satisfy the city council that the facility could operate without causing [serious adverse irnpacts]".
(H) On October 9, 2015, the Governor signed into law AB 2b6, AB 243, and SB 6�43,
which together comprise the Medical Marijuana Regulation & Safety Act("MMRSA"). The
MMRSA, which went into effect on.fanuary 1, 2016, created a statewide regulatory structure for
the medical marijuana industry that also allows local governments to regulate the operation of
marijuana businesses witliin their jurisdiction, pursuant to local ordinanc�s. Sp�;cificalIy, the
MMRSA allows the City of Ukiah to issue permits or licenses to aperate marijuana businesses or
prohibit their operation, to regulate or expressly prohibit the deGvery of inedical marijuana
within its boundaries, and to re�ulate or expressly prohibit the culti�atian of marijuana within its
boundaries. Pursuant to the MMRSA, iFthe City opts not to expressly prohibit or regulate the
cultivation, pracessin�, delivery, andlor dispensing of inedical marijuana, the State will be the
5ole jicensing 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 locatian and
aperation ofinedical marijuana dispensaries, delivery of inedical marijuana witliin tl�e
boundaries of tlte City, and cultivation of inedical marijuana wikhin the boundaries af the City.
(J}There have been a number of marijuana dispensin�-related incidents in California,
some inciuding 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
ather adverse impacks and will likely create offensive odors to persons living nearby.
{L) It is the City Counci�'s intention that nothing in this Chapter shall be construed to (1)
allow persons to engage in conduct that endangers okhers 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 ille�al.
(M) Pursuant ko California Health and Safety Code § 11362.71 el seq., the State
Department of H�alth khrough the state's counties, is to be responsible for establishin�and
maintaining a voluntary medical marijuana identification card program for yuaIified patients and
primary caregivers.
2
(N) Health anci Safety Code § 11362.71(b) reyuires every county health department, or its
designee, to implement a procedure to accept and process applications from those seeking to join
the identification progam in the manner set forth in § 11362.71 et seq.
(0) This Chapter is compatible with the general objectives of the general plan, in t�at a
Medical Marijuana Dispensary use will be conditionally perrnitted in commercial and indvstrial
districts, being similar to ather permitted and conditionally permitted uses, such as pharmacies
and medical clinics, and in that the use will be subject to strict review and conditians.
(P) This Chapter will not b�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 ta careful review, limited in scope anci location, and suhject 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 inkended, nor shall it be construed, to exempt any
mar�juana related ackivity from any and alI applicable local and state construction, electrical,
plumbing, land use, or any other building ar 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
Califarnia law.
(D) Al! 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 occuned prior to adoption of this Chapter.
§ 5702 DEFINITIONS.
For the purpose of this Chapter, the following words and phrases shall have the follawing
meaning:
(A) "Accessory building"shall have t�e same meaning as set farth in City Code § 927$.
(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, emplayee, 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.
{E}"Dispensary Use Permit"means a permzt required to operate a Medical Marijuana
Dispens�ry within the City and that is issued pursuant to this Chapter.
(F) "Drug paraphernalia" or"paraphernalia" shall have the same definikion as set forth in
City Code § 6071.
(G) "Identification card" shall have the same deftnition as in California Health and Safety
Code § I 1362.7, and as it may be amended.
(H) "Medical Marijuana Dispensary" or"Dispensary"means a"Dispensary" as defined
in California Business and Prafessions Code § 19300.5, as it now reads or may be amended in
the future and includes any association, cooperative, affiliatian, or collective ofpersons where
multiple yualified patients and�or primary care givers, are organized to provide education,
referral, or network services, and facilitatian or assistance in t�e lawful, retail distribution of
medical marijuana. A Medical Marijuana Dispensary shall not include khe dispensing of
marijuana by primary caregivers to qualified patients in the following locations and uses, as Ion�
as the locatian oFsuch uses are otherwise regulated by this Code or applicable law: a clinic
licensed pursuant to Chapter I of Division 2 of the Health and Safety Code, a health care facility
licensed pursuant to Chapter 2 of Division 2 of the He�tlth and Safety Code, a residential care
facility for persons w�th chronic life-threatening illness licensed pursuant to Cliagter 3.Q1 of
Division 2 ofthe Health and Safety Cade, residential care facility for the elderiy licensed
pursuant to Chapter 3.2 of Division 2 ofthe Health and Safety Code, a residential hospice, or a
home health agency licensed pursuant to Cl�apter 8 af Division 2 of the Healtlx and Safety Code,
as long as any such use complies strictly with applicable law including, but not limited to, Hea�#h
and Safety Code § 11362.5 et seq., or a qualified patient's or care�iver's place of residence.
(I) "On-Sike"means ar� activity or accessory use that is related to the primary use—i.e,
lawful, retail distribution ofinedical marijuana—but is locatec� on the saane legal parcel as tlte
primary use.
(J) "Permittse"means khe person (1) to w�om a Dispensary Use P�rmit is issued and (2}
who is identified in California Health and Safety Code � 11362.7, subdivision (c) or(d), or{e} or
(�}•
(K) "Person"means any individual, partnership,co-partnership, firm, assaciation,joint
stock company, corporatian,limited liability company ar combination of the above in whatever
farm or character.
{L) "Person with an identification card"shall have the same definition as set forth in
Califomia Health and Safety Code § I 1362.7, and as it may be amended.
�
(M} "Physician" means a licensed medical doctors (M.D.) and doctars of osteopathic
medicine(D.O.) as defined in the California Business and Professions Code.
(N} "Planning Director" means the Planning Direckor of the City of Ukiaf� or ths
authorized representative thereof
(0) "Primary caregiver" shalI have khe same definition as set forth in California Health
and Safety Code § 11362.7, and as ic may be amended.
(P) "Qualified patient" shall have the same definition as set forth California Healkh and
Safety Code § 11362.7, and as it may be amended.
(Q) "School" means an institution of learning for minors, whether public or private,
offering a regular course of instruction required by the Califarnia Education Code. This
definition includes an el�mentary school, middle ar juniar high school, senior high school, or any
specia! institution of education, but it daes not include a vocation�l or professianal institution of
higher education, including any other coilege or university.
(R) "Use Perr�tit" shall have th�same definition as set forth in City Code § 92f 1 and as it
may he amended.
(S) "Yauth-oriented facility"means a public park, church, and licensed daycare facility.
(T) "Zoning Administrator"means the Zoning Administrator of the City of Ukiah or the
authorized repres�ntative thereof.
§ 5'103 DISPENSARY USE PERMIT REQUIRED TO UPERATE.
{A) It is unlawful for any persan to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried an, in or upon any premises in the City the operatian of a
Mec�ical 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, 2a18, ar such time when State implementing regulations are in
effect for the MMRSA, whichever is earlier, ik shall be unlawful to operate any business or
conciuct any activity in the City for which a Skate license is required under the MMRSA without
also having a valid State licens�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 ofinedical 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 equivalenk license classification under the MMRSA.
§ 57Q4 TERM OF PERMiTS AND RENEWALS REQUIRED.
�
(A) Dispensary Use Permits issued under this Chapt�r shall expire one year following th�
date of their issuance which date shall appear on the face of the permit.
{B) Dispensary Use Permits may be renewed by the Flanning Director for additional one-
year periods upon application by the permittee, unless#he permit is suspended or revoked in
accordance wikh the provisions of this Chapter.
(C} Applications for renewal shall be made at least 45 days before the expiration date of
the permit and shail be accompanied by the nanrefundable application fee referenced in Section
570b ana all infarmation necessary for the Flanning Director to evaluat�the renewal request in
light of the criteria listed in {E) below. ln acting on an application for renewal the Planning
Director shall Follow the procedures set forth in Section 57l 1{B), except that aIl references
therein to the Zaning Administrator sha11 be deerned to refer to the Fianning Director. Upon
timely appIicatior�ta renew a permit, khe permit being renewed shall remain in effect until final
action is taken to grant ar deny the renewal application.
(D) Applications for renewal made less than 45 days before khe expiration date shail be
pracessed in Ihe same manner as a timely renewal appli�ation b��shal� not stay the expiration
date of the permit.
(E) In determining whether to renew a Dispensary Use Permit,the Planning Director will
consider the following non-exclusive crikeria, in addition to those criteria set forth in this Chapte�
at §§ 5709{G) and 5710:
i. Whether the Dispensary�peratec�by the perm's[tee has generated an excessive
number of calls �or police service campared 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 ta,
disturbances of the peace, illegal drug activity,marijuana use in public,
harassment of passersby, littering, laitering, illegal parking, loud noises, ar 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 prociuc#ion of records or other reporting
requirements of this Chapter.
5. Wheth�r�t appears that the permittee has, in its renewal appjication, provided a
fatse statement of material fact or has knowingly omitted a material fact.
6. Whether the renewal applicant ar one or mare of its officers, employees, partners,
managers or members with management respansibilities ("Managers") has been
canvicted of a f�lony, or has engaged in misconduct that is substantially related to
the qualifications, funckions or duties of a Dispensary operator. A canviction
within the meaning of this section means a plea or verdict of guilty, or a
convictior� fallowin�a plea of noIo cont�ndere.Notwithstanding the above, an
6
applicatian sha11 not be denied solely on the basis that th� applicant or any
Manager has been convicted of a felony, if the person convicted has obtained a
certificate of rehabilitation{expungement af felony recard) under Califarnia law
or under a similar f�deral statute or state law where the expungement was granted.
7. Whether th�renewal appIicant or Dispensary has previoUS�y or is currently
engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
{F} The Planning Direckor 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 ar to deny a Dispensary Use Permit renewal may appeal such
decisian ta the Plajtning Commission by filing an appeal. Alj determinations of the Planning
Director regarding Dispensary Use Pertnit renewals shall be final unless a written appeal, stating
the reasons for the appeal, and the appeal fee, if any, as established by resolutian 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
applicatian 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 appea! is taken.
The Planning Commission shall conduct a duly noticed public hearing on the appeal in
accordance ko the applicable procedures as set forth in Division 9, Chapter 2, Article 20 of the
City Code. At the close of the public hcaring, the Planning Commission may afFirm, reverse, or
madify the appealed decision of the Planning Director. All Planning Commission decisions on
appeals of the PIannin�Directar's decision with regard to an application for a Dispensary Use
Permit renewal are final far the City.
§5705 GENERAL TAX LIABILITY.
As a prerequisite to obtaining a permit pursuant to the terms hereof, an operator af a
Dispensary shall also be required to app�y for and obtain a Business License or exemption from
the City of Ukiah and obtain a seller's permit or exemptian fram the Stake Board of EqUalization
pursuant ko Division 2, Part 2, Chapter 2, Article 2 of khe Cal. Revenue and Taxation Code,
commencing with Section 6Q66e. Dispensary sales shall be subject to sales tax consistent with
State law.
§570G IMPOSITION OF FEES.
Every applicatian for a Dispensary Use Permit or renewal s�all be accompanied by an
application fee, as established by resolution of khe City Council from time to time. This
application or renewal fee shall nok include finger}�rinting, photagraphing, and background check
costs and shall be in addition to any other business �icense fee or perrnit fee imposed by this
Code or other governmental agencies. Fingerprinking, photo�raphing, and background check fees
will he as eStablished by resolution adopted by the City Council from time to time.
§57Q7 L[MITATION ON LOCATION OF DISPENSARY.
7
(A) A Dispensary may only be located within the C 1, C2, CN, M, and PD (Commer�i�l}
zoning districts and in the GU, UC, and DC downtown zoning districts as designated in the
General Plan,Zoning Map, and Downtown Zonin�Code Zoning Map.
(B} A Dispensary shall be in a visible location that provides �ood views of the
Dispensary entrance, windows and premises from a public street.
(C) A Dispensary shall not be allowed in t�e following areas at the time of its permitted
es#ablishmen#:
(1) Within 600 feet of a School, witt� that distance measured as the horizontal
distance in a straight line from the property line af the 5chool to the closest property line
ofthe lot on which the Dispensary is to be located without regard to interv�ning
structures;or
(2} Within 250 feet of a Youth-ori�nted facility other than a School, or another
Dispensary, with that distance measured by street frontage and not radial distance; or
(3) Abutting, on any side of the parcel upon which the Dispensary is located, a
parcel occupied by a Youth-oriented facility, a School, or another Dispensary; or
(4) Within any residential zoned parcel ar primary land use, ar any property with
an underlying residential or mobile homes general plan land use designation.
(5} On a parcel having a residentiai unit, or on a parcel directly abutting a
residentially-zaned property, unless tltere are intervening nor�-residential uses between
the Dispensary and tlie residential unit or the residentially-zoned property that the Zoning
Administrator or, on appeal, the Pianning Commissian determines sufficienk to provide
an apprapriate separation.
(D) The distance between a Dispensary and above listed uses shal! be made in a strai�ht
lin�, along street frontage, from the baundary line of the property on which the Dispensary is
located to the boundary of the property an which the facility, building or structure, or portion of
the building or str�acture,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 tlte
applicant demonstrates on plans and materials presented for review and the Zoning
Administrator ar, on appeal, the Planning Commission determines that a physica! barrier or
sirnilar condition exists which achieves the same purpose and intent as the distance separatian
requiremenks established herein.
§ 5708 OPERATING REQUIREMENTS.
Dispensary operations shall be established and managed only in compliance with tlte
following standards:
�
(A) Criminal History. Any applicant, his or her agent or cmployee�, volunteer workers, or
any person exercising manageriaj au�hority of a Dispensary on behalf of the applicant shall nok
have been convicted of any of the f�lony offenses enumerated in Health and Safety Code §
19323(b)(5), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug
offense, or engaged in misconduct relaked ta the yualifications, functions or duties of a permittee.
A conviction within the meaning of this Section means a plea or verdict of guilty or a conviction
fal�owing a plea of nolo contendere.
(B) Minors.
(1) It is unlawful far 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 af a
Dispensary unless they are a qualified pati�nt 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 th� 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 proaf is on the Dispensary personnel to establish compliance
with khis subsection (B) by clear anc� canvincing 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 an
City services.
{Z) A Dispensary shall not be increased in size(i.e., flaar area or number of
patients) without a prior approval amending the existing Dispensary Use Fermit.
{3) The entrance into the Disperisary building shall be lociced at all times with
entry strictly cantralled; e.g., a buzz-in electroniclmechanical enkry system with a
vestibule is highly encouraged. A viewer shall be installed in the daar khat allaws
maximum angle of view of the exterior enkrance.
{4) Dispensary personnel shall monitor site activity, control loitering and site
access.
(5) Only Dispensary staff, primary caregivers, qualifi�d patients and persons with
bona fide purpo5es for visiting the site shall be permitted at a Dispensary.
(6) Potential patients or car�givers shal! not visit a Disgensary without first having
obtained a valid written recommendation fram their physician recommending use of
medical marijuana.
(7) Only a primary caregiver and qualified patient shall be�aerntitted in the
designated dispensing area wikh Dispensary personnel. All other authorized visitors shall
remain in the designaked waiting area in the front entrance;lobby.
(8) Restroams shall remain lociced and under the control of management.
(E) Dispensing Operations.
{1) A Dispensary shall disp�nse rnedical marijuana to meet monthly medicatian
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
caregiver than permitted in strict accordance with California Health and Safety Code §
113b2.77 and any ather applicable State law, and as amended.
{2) A Dispensary shall only dispense to yualified patients or caregivers with:
(a) a currently valid physician's approval or recommendatian in
compliance with the criteria in Califarnia Health and Safety Code § 11362.5 et
seq. and valid official identi�cation, such as a Department of Motor Vehicles
driver's license or State Identification Card, or
(b) a currently valid California Medical Marijuana Identification Card or a
Patient ID Center ldentification Card.
(3) For qualified patients or caregivers without a Califomia�Medical Marijuana
Identification Card or a Patient 1D Center ldentification Card, prior to dispensing medical
marijuana,the Dispensary shall obtain verbal, online, or signed verification from the
recommending physician's affice personnel that the individual requesting medical
marijuana is a qualified pakient.
(4) A Dispensary shalj not have a pl�ysician on-site to evaluate patients and
pravide 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 patienk has provided a California Medical Mariju�tna Identification Card ar a
Patient ID Center ldent�fcation Card.
(6} Information on priar year's opet`ations shall be provided anr�ually, as required
in this Chapter. The operator sh�ll adju$t the opera�ions as nec�ssary to address issues.
(F) Consumption Restrictions.
(1) Marijuana sliall not be consumed on khe premises of the Dispensary. The term
"premises" includes the actua� building,as well as any accessory structures,parking
areas, or other surroundin�s within 200 feet of the Dispensary's entrance.
(2) Dispensary aperations shall not result in illegal redistnbution 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 smokin�or vaporization, in any public
places. Public places shall include, but are nat limited to, city owned parks and/or city
sponsored events where d�signated as nonsmoking areas by resolution ofthe city council,
streets, sidewalks, alleys, highways,public parkin�lots as defined in City Code § 6U00
and as amended, enclosed places and plac�s of employment as defnec� in City Code §�
4503 anc�4505 and as amended, and any other property owned or leased by the City, or in
which the City holds a righk-of way easement, and whicli is open ka members of the
�eneral public, except while actively passing throu�h on the way to another destination.
Nathing in this Section is intended, nor shall it be canstrued to be inconsistent with the
California lndoor Clean Air Act of 1976, Health and Safety Code § I 18875 et seg and as
amended.
�� �,
(G) Retail Sales and Cultivation.
(1) No cannabis sha�l be cuItivated on the premises of the Dispensary, except in
compIiance with this Chapter and with City Cade §§ fi093 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 tatal flaor area, but in no case
more than five hundred syuare feet. Cultivatian shail be limitec� to interior areas of
buildings.
{a} Except for immature nursery stock marijuana plants, marijuana plants
�'awn by the Dispensary shall only be utilized for production of pracessed
marijuana to dispense to patients.
{b} A security plan for the growin�area shall be submitted to the Ukiah
Police Chief for review and appraval. 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 shalI include a
one-hour firewa�l assembly and shall not create excessive humidity or mold
conditions. The cultivation area shal! have an air treatment system that prevents
odors generated from the cultivation of marijuana on the Dispensary property
from being detected by any reasonable p�rson of normal sensitivity outside the
Dispensary property, as set forth in City Cade § 570$(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 encoura�ed ta utilize the most water-
efficient and environmentally-responsible culEivatian practices available. Th� City
reserves the right to require annual reports on cultivation facility practices,
including but not limited ta cultivation mediums and water use methods.
{e) The cultivation use shall comply with applicable stormwater,
wastewater, and Buiiding Code requirements and any applicable State or Federal
law, including the Cl�an Water Act, 33 U.S.C. § I251 et seq.
(2) With khe approval afthe Zoning Administrator, a Dispensary may conduct or
engage in the commercial sale of specific products, goods or services in addition to the
pravision of inedical marijuana and other ikems permitted by these regulations on terms
and conditions consistent with this Chapker and applicable law.
(3) Up ta 150 square feet may be utilized for display and sales of devices
necessary for administering medical marijuana, including but not limited ta rolling papers
and related materials and devices, pipes, water pipes, and vaporizers. Such devices may
only be provided to quaiified patients or primary caregivers and anly in accordance with
Health and Safety Code § 11364.5 and as amended.
(4) Retail sales of inedical marijuana that violate California law or this Chapter
are expressly prohibited.
(5) A Dispensary shall meet all the operating criteria for the dispensing of inedical
marijuana as is required pursuant to California Health and Safety Code § 113b2.5 et seq
and as amended.
{6) The provision af lacally-grown and organic marijuana is encouraged.
(H) Operating Plans.
(1) Floor Plan. A Dispensary shall have a lobby waiting area ak the entrance to
receive clients, and a separate and sec�re designate� area for dispensing medical
rnarijuana to qualified patients or designated caregivers. The primary entrance shall be
located and mainkained clear of barriers, landscaping and similar obstructions so that it is
clea�rly visible from public streets, sidewalks or site driveways.
(2) Stara�e. A Dispensary shall have suitable lflcked storage on premises,
�dentified and approved as a part of the securiky plan, for after-hours stora�e of inedical
marijuana.
(3) Mmimum Staffing Levels. The premises shall be staffed with at least one
person during hours of operation who shall not be r�sponsible for dispensing medical
marijuana.
{4) Odors Control. Tlie Dispensary shall have an air treatment system that
prevents odors generated from tlle storage and cultivation ofrnarijuana on the Dispensary
property from being detected by any reasonable person of normal sensitivity outside the
Dispensary property.Ta achieve this, both the skorage and cultivation areas shall be, at
minimum, mechanically ventilated with a carbon filter or superior method.
(5) Security Alans. A Dispensary shall provide adequate security on the premises,
as approved by the Chief of Police and reviewed by the Planning Commission, including
Gghtin�and alarms, to insure the safety af persons and to protect tlte premises from theft.
{6} Security Cameras. Security surveillance cameras shall be installed to monitor
the main eritrance and exteriar of the premises to di5coura�e loiterin�, crime, illegal or
nuisance activities.
(7) Security Video Retention. Security video shall be maintained �ar 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 numher of an on-site community
relations staff person to whom one can provide notice ifthere are operating problems
associated with the Dispensary. The Dispensary shall make every�ood faith effort to
encourage neighborhaad residents to call this person to try to solve aperating problems, if
any, before any calls or camplaints are mad�;ko the City.
(I) Signage and Notices.
(1) A notice sha�l be clearly and legibly posted in the Dispensary indicating that
smoking, in�esting or consuming marijuana on the premises or in th� vicinity of the
Dispensary is prohibited. The notice shall be posked in both English and Spanish.
(2) Signs an the premises shal! not obstruct#he erttr�nce ar windows.
(3) Address identification shall comply with illuminated address si�ms
reyuirements.
{4) Business identificatian si�na�e shall be Gmited to that needed for
identification only, consisting of a single window sign or walI sign that shall comply with
City Code § 3227 and any other City Code provisions regulating signage.
.�
(J} Employee Records. Each owner or operator af a Dispensary shall maintain a current
register of the names of all valunteers and employees currentIy working at or employed by the
Dispensary, and shalj disclose such registration for inspection by any City officer or official for
purposes ofdetermining compliance with the requirements of this 5ection.
(K) Patient Records. A Dispensary s�all maintain records of all patients and primary
caregiv�rs using only the idcntification card number issued by the county, or its agent, pursuant
to California Health and Safety Cade § 11362.71 et seq., as a protection of the confidentiality of
the cardholders, ar a copy of the written recommendatian from a physician stating the need for
medical marijuana. Such records may be maintained on or off-site, and shall be mad�available
for inspection by any City officer or off cial for purposes of d�termining compliance with the
requirements of this Chapter.
{L) Skaff 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 emplay properly trained or use pro€essionally-hired
security personnel in accordance wikh the conditians of its permit.
(M) Site Management.
{1}The operator of the establishment s�all take all reasonable steps to discourage
and correct objectionable canditions that constitute a nuisance in par�Cin�areas,
sidewalks, alleys and areas surrounding the premises and adjacent praperties during
business hours if directly related ko the patrons afthe 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 persona! safety would be thr�atened in making the request.
{b} "Nuisance" includes, but is not limited to, disturbances of peace, open
pubiic cansumption of marijuana or alcahol, excessive pedestrian or vehicular
traffic, illegal drug activity, harassment of passersby, excessive littering,
excessive loitering, illegal parking, excessive Ioud noises, especially late at night
or early in the marning hovrs, iewd conduct or excessi�e police detentions and
arresks.
(2) The aperator 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.
(1V}Trash, Litter, Graffiti.
(1)The operatar 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 operatar shall remove all graftiti from the premises and parking lots under
the control af the operator within 72 hours of its application.
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(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 candition imposed
on any permits issued pursuant to app�icable laws, regulations or orders.
(P) Canfidentiality. The information provided for purposes of this Section sh�ll 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 campetent 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 ko the provisions of this Chapter for such Dispensary in a conspicuous
place so that the same may be readily se�n 6y all persons entering the Dispensary.
(R) Regorting and Fayment of Fees. Each permittee shall file an annual statement with
the Plannin� DeparEment: (1) indicating the number of patients served by the Dispensary within
thc previous calenciar year, (2) the continuing accuracy of the information in the priar year's
Dispensary Use Permit application, {3) documenting any changes or aciditions to tl�at information
as of the date for renewal of the Permit, any citizen complaints, City Code violat�ons,and ca11s
for law enforcement during the prior year, the applicant's compliance with applicable City and
State law governing the operation of dispensari�s, and (4) including any additional information
the Alanning Director deems necessary to administer this Chapter, and pay all annual permit fees.
(S) Alcoholic Beverages. No Dispensary s�tajl lto�d or maintain a license from the State
Dxvision of Alcoholic Bevera�e Control for the sale of alcoholic beverages, or operate a business
on [he pr�mis�s th�#selIs alcoholic beverages. No alcoholic beverages shall be allowed or
consumed on the premises.
{T} Dispensaries shal� comply with the parking reyuirements for medical office uses.
(U} Inspec�ions. During normal business haurs, Di�pensaries permitted under this
Cliapter shall provide access for administrative inspectiflns by City officials or afficers to verify
compliance with this Chapter. Any Dispensary's refusal to comply with tliis Sectian sha11 be
deemed a violation of this Chapter.
§ 5709 APPLICATION PREPARATION AND FILING.
(A) Application Filing. A camplete Dispensary Use Permit application submittal packet
shall be submitted in accordance with City Code § 9262, including a detailed written statement
as xo how the proposed Dispensary complies wit� sections 5707, 5708 and 5710, and any ather
information or submissions reyuired by this chapter. All applications for permits shall be filed
with the P3anning Department,using forans 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 pravide infarmatian required for approval of the permit. The application shall be
made under genalty of perjury.
_�r
(B} Ejigibility for Filing. Applications may only be filed by the owner of the subject
property, or person with a leas� signed by the owner or duiy authorized agent allowing them to
occapy khe property for the intended use. If the applicant is a lessee, a copy of the duly executed
lease currently in e�fect must accompany the applicatian.
(C) Filing Date. The filing date af any application shaIl be the date when the City
receives the last submission of information or materials required in compliance with the
submittal requirements specifi�d herein.
(D) Effect of Incomplete Filing. Upon notification that an application submittal is
incomplete, the applicant shall submit any additional documents or information requireci to
compleke the application within thirty{3Q) days of the date the applicant is notified in writing by
the Planning Department that the application is incompleke. If the applicant fails to complete the
application within said thirty(30} days, the application shaIl be deemed withdrawn and a ncw
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 applicank from the reyuirement of
obtaining a Dispensary Use Permit.
(F) Submittal Reyuirements. Any application for a Dispensary Use Permik shall include
the fo�lowing infarmation.
(1) Applicant{s) Name. The fi�ll name (including any current or prior aliases, or
ather 1e�a1 names the applicant is or has been known by, including maiden names),
present address, and telephone numher of the spplicant;
(2) Applicant{s) Mailing Address. The address to which notice of action on the
application is to be mai��d;
(3) Previous Addresses. Previous addresses for the past five years immediately
prior to the present address of the agplicant;
(4) Verification of Age. Written proof that the applicant is aver the age of 18
years of age;
(S) PhysicaI Description. Applicant's height, weight, color of eyes and hair;
(6) Photographs. Passport quality photographs for identification purpnses;
(7) Employment History. All business, occupation, or emplayment ofthe
applicant for the five years immediately preceding the date ofthe application;
($) Tax History. The Dispensary business tax history of the applicant, including
whether such person, �n previausly operating in this or another city, county or state under
license has had a�usiness license revoked or suspended, the reason tl�erefor, and the
business or activity or occupation in which th�applicant engaged subsequent to such
action of suspension or revocation;
{9} Management Informatian. The name or names and addresses of th�person or
persons having the management ar supervision of applicant's business;
{10) Criminal Background. A backgraund investigation verifying whether the
persan or person having the management or supervisian af applicant's business has been
canvicted of a crime(s), the nature of such offense(s), and khe sentence(s) received
therefar;
(11} Employee Information. Number of employees, volunteers, and other persons
who will work at the Dispensary;
(12) Plan of Operations. A plan of operatians describin�how the Dispensary wili
operate consistent with the intent of State law and the provisions ofthis Chapter,
includin�but not limited to:
(a) Ensuring that the Dispensary will not enbage in retail sales ofinedical
marijuana that viojate California law or this Chapter.
(b) Contrals that will assure medical marijuana wi�l be dispensed to
qualifying patients or caregivers only.
(c) Controls that will ensure limitations on numbers of patients is adhered
to.
(d} Controls that wil� ensure access to Dispensary premises is adequately
manitored and restricted to pr�-approved yu�lified patients and caregivers.
(13) Written Praject Description. A written description summarizing the propased
Dispensary use size, number of patients, characteristics and intent;
(14) 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 reyuirements sections;
{15) Written R�sponse to Criteria for Review Section. The aPplicant sha11 provide
a written respanse indicating the metl�od by which each of the criteria for review has
been satisfied;
(16) Security Plan.A detailed security pian outlining the proposed security
arran�ements for insuring the safety of persons and to protect the premises from theft.
Th� plan shall include installation of security cameras, a robbery alarm system monitored
by a licensed operator, and a security assessment afthe site conducted by a qualified
prafessional;
(17) Floor Plan. A sketch or diagram showing the interior canfiguration of the
premises, includin�a statement of the total flaor area occupied by the Dispensary. The
sketch or diagram need not be professionally prepar�d, 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;
{]8) Site Plan. A sketch or diagram showing exterior configuration of the
premises, including the outline of all structures, parking and landscape areas, and
Qraperty 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 afplus
or minus six inches;
(19) Accessibility Evaluation. A written evalustion of accessibility to and within
the building, and identification of any planned accessibility improvements.
(20}Neighborhood Conkext MaQ.An accurate strai�ht-line drawing depicting the
building and the portion thereof to be occupied by the Dispensary, aIl properties and uses
within 600 f�ek of the 6oundaries of the property on which the Dispensary Use Permit is
requested, and: (a) the property Iines of any School within 600 feet ofthe Qroperty line of
the Dispensary for which a permit is reyuested, (b) the property lines of any Dispensary
°��
within 250 feek of the primary entrance of the Dispensary for which a permit is requested,
and (c} the property lines of any youth-oriented facility or residential zone or use within
250 feet of the primary entrance of the Dispen5ary;
(21) Li;ghting Plan. A lighting plan showing existing and propos�d exterior
premises and interior lighting levels that would be the minimum necessary to pravide
adeyuate security lighting for the use and comply with all City standards regarding
lighting design and installation. Al� lighting shall be fully hooded and downcast, and
shall not shine towards the ni�ht sky, adjacent property or any street.
(22} City Authorization. Written authorization for the City, its agents and
emp�oyees to seek verification of the informaEion contained within the application;
(23} Stakement of Owners Consent. A skatement in writing by the applicank that he
or she certifies under penalty af perjury that the applicant has the consent of the property
owner and landlord to operate a Dispensary at the Iocation;
{24} Applicant's Certificakian. A statement in writing by the applicant that he or
she certifies under penalty ofperjury that all the information contained in the application
is true and correct;
(25) Other Information. 5uch other ir�formation as deemed neces5ary by the
Planning Director to demonstrate compliance with this Chapter and City Codes, including
operating reyuirements established in this Chapter.
{G) Renewal. Applications for one-year renewal shali be accompanied by the following
minimum information:
{I}The aperator shaIl report the number af patients served and pay applicable
fees, as required by this Chapter.
(2}The operator shall provide a detailed descripkion of any adjustmet�ts and
changes proposed or that have occurred in Dispensary operations ta address issaes, or
comply with laws.
(3) The operator shall identify any problems encountered during operations and
how they have been addressed.
(�F) The operator shall identify how the Dispensary has managed its operations to
compjy with the operating reyuirements of this Chapter and with State law.
§5710 CRITERIA FUR REVIEW.
In addition to the findings required in City Code § 9262, the Zonin�Administrator shall
consider the foIlowing criteria in determining whet�er to grant or deny a Dispensary Use Permit,
anci renewals of a Dispensary Use Permit:
(A)That the Dispensary Use Permik 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 requiremcnts herein.
(B) That the Dispensary Iacation is not identified as having significant crime issues (e.g.,
based upon crime reporting statistics as maintained by the Police Department).
.{
(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 nat under 18 years of age.
(E) That all required application materials have been provided andlor the Dispensary has
operated successfully in a manner that shaws it would comply with the operating requirements
and standards specified in this Chapter.
(F) That all required application or annua! renewal fees have been paid and repartin�
requirements have been satisfied in a tim�jy manner.
(G) That an appro�riate limit on size of the Disper►sary has been established and the
requcsted permit would not exceed limitations an number of patients and/or permits allowed by
this Chapter.
(H) That issuance of a Dispensary Use Permit for the size reyuested is justified ta rneet
neecis of residents.
{[)That issuance of tl�e Dispensary Use Permit would serve needs of residents at this
jocation.
(J}That the locakion is not prohibited by the provisions of this Chapter or any local or
state law, statute, rule or r�gulation and no si�nificant nuisance issues or prablems are
anticipateci or have resulted from Dispensary operations.
(K) That the site plan, flaor plan, and securiky plan have incorporated features necessary
to assist in reducing potential crime-related problems and as spccified in the operating
requirements section. These features may include, but are not limited to, security an-site;
procedure for allowing entry; openness to surveiilance and cantral o�the premises; the perimeter,
and surrounding properties; reduction of oppartunities for congre�ating and obstructing public
ways and nei�hborin�prop�rty; illumination of exterior areas; and limiting fumishings and
features tliat encaura�e 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!ar
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
aperation of another business.
{N}Tl�at khe Dispensary would not adversely affect the health, peace or safety of persons
Iivin�or working in the surrounding area, overly bUrden a specific neighbarhood with special
'�S`
needs or high impact uses, or contribute to a public nuisance; or that the Dispensary has resulted
in repeaked nuisance activities including disturbances of the peace, illegal drug ackivity,
marijuana use in pubIic, harassment of passersby, excessive littering, excessive loitering, ille�al
parking, excessive ioud noises, especially late at night or early in the morning hours, lewd
conduct, ar police detentions or arrests.
(0) That any provision of the City Code or condition imposed by a City issued permit, or
any provision of any other local, or Stake law, regulation, or arder, or any condition imposed by
permits issued in compliance with those laws has not been violated.
(P) That the applicant l�as not violated any local or State law, statute, rule or regulation
respecting the distribution, possession, or consumpkion 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, ar any person wha is exercising
managerial authority on behalf of the applicant has not been convicted af a felony, or of a
misdemeanor invalving moral turpitude, or has en�aged in misconduct related to the
qualifications, functions or duties af a permittee. A conviction within the meaning of this Section
means a plea or verdict of guilty or a conviction foIlowing a plea of nolo contendere.
{S} That the applicant has not engaged in unlawful, fraudulent, t�nfair, or deceptive
business acts or practices.
(T} That adequate�arking will be provided at a rate of one space for every 300 �rass
square feet of retail space, office space, and similar floor areas.
§5711 INVESTIGATION AND ACTION ON APPLICATION.
After khe making and filing of a complete application for the Dispensary Use Permit and
the payment of the fees, the Police Department shall conduct a background check of the
applicar�t and all employees and other persons deterntined 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 applicatian ta any other City departments as
necassary ko complete the review of the application.
(B) Foilowing provision of complete application materials, inter-departmental review,
and compliance with the California Environm�ntal Quality Act, the Planning Department shall
schedule the Dispensary Use Permit for Zoning Administrator review. In making a decision to
grant or deny the application the Zoning Administrator shall follow t�e notice and hearing
procedures and make the findings reyuired by City Cade § 9262(C}-(F) and shall either grant or
deny the application in accordance with the provisions of this Chapter.
�r.
{C) In approving a Dispens�ry Use Permit, the Zoning Administrator may impose
conciitions, restrictions or require revisions to the proposal ko comply with the purpose and intent
of this Chapter.
(D) The Planning Department shall cause a written notice af the Zonin�Administrator
decision to issue or deny a permit #o be mailed to the applicant by U.S. mail.
§ 5712 APPEAL FROM ZONING ADMINISTRATQR DETERMINATION.
(A) An applicant asgrieved by the Zoning Administratar decision to issue or to deny a
Dispensary Use Permik may appeal such decision to the Planning Commissian 1ay filing an
appeal. All determinations of th�Zoning Administrator regarding Dispensary Use Permits shajl
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 Cauncil from time to kime, are filed with the Plannir►g
Cornmission 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 decis�on from which tlie appeal is taken.
(B)The Plannin�Commission shall conduct a duly noticed public hear�ng 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 cjose of the
pub�ic hearing, the Planning Commission may affirm, reverse, or modify Ihe appealed decision
of the Zoning Administrator. Al1 Planning Commission decisions on appeals ofthe Zoning
Administrator's decision with re�ard to an application for a Dispensary Use Permit are final for
the City.
§5713 REVOCATION.
(A)Any Dispensary Use Permit i5sued under tl�e terms o�this Chapter may be revoked
by the Zoning Administrator or Plannin�Commission, when it shall appear to the Commission
that the use for which the Dispensary Use Permit was granted is not being canducted in
compliance with the Disp�nsary Use Permit as conditioned, the permittee has violated any ofthe
requirements of this Chapter or the Dispensary is operated in a manner that violates t�e
provisions of this Chapter, inc�udin�the criteria for review and operating requirements sections,
or conflicts with State law.
(B}Tl�e Zoning Administrator shall glace the matter af Dispensary Use Permit revocatiot►
on the Commission agenda at the direction of the City Attorney. Revacation praceedin�s shall
be canducted in comp�iance with Section 9262(H) of this Code. Notice of the hearing required
by said section shall be�iven in compliance with Section 9262(C). In additian, natice ofthe
revocation hearing, including a description of the €acts and violations relied upon in seeking
revocation, shall be served on the permit hoIder 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 deposik in the United States Mail, whichever occurs first. Notice shall be sent to the
,�,
address as shown on the pemtit application or to an address which the permit holder has
requested in writing that the City use for ofticial communications. The address shalI not be a
Post Office box, but must be a physical address.
(C) If any person holding a permit or acting under the auEharity of such pertnit under this
Chapter is canvicted 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
revake such permit forthwith without any further ackion khereof, other than giving natice of
revacatian to the permittee.
§5714 EFFECT OF REVOCATION.
When the Zoning Administrator shall have revoked any permit provided far in this
Chapter and the time for appeal to khe Planning Commission shall have elapsed, or, if after
appeal to the Planning Commission, the decision of the Zaning Administrator has been aff rmed
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 cor�oration or other business entity,
includin�but not limited to, a partnership or limited liabijity company, in which he or she shail
have any direct or indirect beneficial, financial or ownership interest for a period of three years
after the action revoking the p�rrnit.
§ 5715 TRANSFER OF PERMITS.
(A) A permittee shalI not operate a Dispensary under the authority of a Dispensary Use
Permit at any place other than the address ofthe Dispensary stated in the application for the
permit.
(B) A permitkee shall not transfer ownership ar cankral of a Dispensary, including by
transferring a controlling interest in the permitkee, 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 af a Dispensary Use Permit is prohibited.
{C}No permit may be transferred when the Zaning 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 vialation 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 subseyuently annexed into th�City must ap�aly for and obtain a Dispensary Use Permit in
compliance with the provisions af this Chapter within 90 days from the date the annexatian
becomes effective. Cankinued operation of a Dispensary without a permit mare than 9Q 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 demanstration of reasonable
grounds to do so.
§5717 MARIJUANA DELNERY.
(A) A permitted Dispensary loca#ed in the City may deliver mariauana to qualified
patients and caregiv�rs at their residence in the City. Such permissible delivery of mar�juana to
qualifed patients shall be limitec� to delivery by jawfully-operated, perrnitted dispensaries
locaked within the jurisdictional jimits of the City. Any individual engaging in the activity of
delivering medical marijuana fram a permitted Dispensary to a yualified patient must have a
business license in accordance with Division 2, Chapter l, Article 3 of the City Code.
All athcr marijuana delivery is a prahibited activity in the City, except where the City is
preempted by federal or state law from enacting a prahibitian on such activity.
(B) In canformity with City Code § 6001 it shalj be unlawful for any qu�lified individual
enga�ing in the activity afdelivering rnedica! marijuana from a permitted Dispensary ta a
yualified patient to be in an intoxicated condition or under the influence of narcotic drugs within
the corporate City limits of#he City in, an, or about any automobile,motorcycle, motor vehicle,
street car, railroad car or other vehicle.
§5'718 VIOLATIONS.
(A) It is unIawful fqr ar�y person, individual, partnership, co-partnership, firm,
association,joint stock campat�y, corporation, limited liability company or combinatian of tlie
above in whatever form or character ta violate any provision or fail to comply with any af the
req�irements of this Chapter.
(B) A violation of this Chapter shall be subject ta the enforcement and penalties specified
in City Code §5723.
§ 5719 REMEDIES.
This Chapter shall be subject ta enforcement pursuant to Division S, Article 22 of this
Code.
§5720 SEPARATE OFFENSE FOR EACH DAY.
Any persan who vialates any pro�ision of this Chapter shall be guilty af a separate
offense for each anci every day durin�any portion of which any such person commits, continues,
p�rmits, or causes a violation thereof, and shall be penalized accordin�ly.
§ 57Z I HOLD HA RIVILESS.
As a candition of approval of any permit issued Qursuanf ko this Chapter for medical
marijuana cultivation, pracessing, or distribution, the permittee shaZl indemnify, defend and hold
,�
harmless the City of Ukiah and its agenks, officers, elected officials, and emplflyees for any
claims, damages, or injuries brought by a permittee's cIients or employees, adjacent or nearby
property owners or other third parties due to permitted uses or operations, and for any expens�
incurred by City as a result of or in defense af any such claim..
§5723 PENALTIES.
(A) It shalI be unlawful and constitut�a misdemeanar for any person to violate the
provisions of this Chapter, punishable by a f ne of not mare than one thousand dallars
($1,000.00) or imprisonment in the county jail far a period of not more than six (b) months ar
both. This penalty shalj 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 vialatian of this Chapter or engaging in
activity reyuiring a City license or permit, including, wit�out Iimitation, a business license or
building permit, withaut first abtaining such permit or license.
� 5724 JUDICIAL REVIEW.
Judicial review of a decisian made under this Chapter may be had by filing a petition far
a writ of mandate with the superior court in accordance with the provisions of the California
Code ofCivil Frocedure § 1094.5.
Any such petition shalI be filed witt�in 90 days after the day the decision becomes final as
provided in California Code af Civil Procec�ure § 1994.6 which shall be applicable for such
actions.
SECTION 2
Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is
hereby amended to read as follows:
Table 3: Allowed Llses anci Permit Requirements
��
Use Categories and
Specific Uses{1�
A Use Allowed by
Right
AC Use Allowed
Accessory ta a
Principal Use
DUP Use Allowed wlth
a Dispensary Use
Permit
MIUP Use Allowed
with a Minor Use Permit
MAUP Use Allowed
with a Major Use Permit GeneralUrban Urban Center powntownCare AdditionalZoningRequirementsby
— Use Prohibited GU UC DC Code Section
•............................
Medical marijuana DUP �]U'P DUP Section 5703, Sectian 5707
dispensary
SECTION 3
Section 9254 in Ar�icle 19, Cha�ter 2 in Division 9 of the Ukiah City Code is hereby
amended to read as follows:
§9254 MARIJUANA CULTLVATIUN
.............
B. Cultivation Of Marijuana:
2. lndoor Cultivation In Residential Zoning Districts: Except as permitted in Chapter 8 in
Division 6 of this Code, it is�ereby de�lared to be unlawful �nd a public nuisance for any person
owning, leasing, occupyin�, or having charge or possession of any parcel within any residential
zoning district(R-1, R-2, R-3 and CN districts) in the city of Ukiah to cause or allow such parce!
to be used for the cultivation of more than twelve (12) mature and twenty four(24) immature
marijuana plants within a fully enclosed and secure structure on the parcel.
�r
SECTION 4.
1. 5EVERABILITY.
If any section, subseckion, subdivision, para�raph, sentence, clause or phrase of this Ordinance,
or its applicatian to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenfarceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses ar pluases of
this �rdinance, 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 hereaf, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenfarceable.
2. EFFECTIVE DATE.
This Qrdinance shall be published as reyuired by law in a newspaper of general circulatian in t�e
City ofUkiah, and shall become effective thirty (30) days after its adaptian.
Introduced by title only on. , 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
AB STAIN:
Adapted on , 20j6 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steven Scalmanini, Mayar
ATTEST:
Kristine Lawler, City Clerk
�5
C�� ia�
California Environmental Quality Act
INITIAL ENVIRONMENTAL STUDY
AND
PROPOSED NEGATIVE DECLARATION
PROPOSED
MEDICAL MARIJUANA DISPENSARY ORDINANCE
Prepared by:
City of Ukiah
Department of Planning and Community Development
300 Seminary Avenue, Ukiah, CA 95482
Table of Contents
1.0 INTRODUCTION
1.1 CEQA Compliance
1.2 Incorporation by Reference
1.3 Purpose
1.4 Determination of No Significant Impact
2.0 PROJECT DESCRIPTION
2.1 Project Location
2.2 Environmental Setting
2.3 Background and History
2.4 Project Characteristics/Description
2.5 Project Timing
2.6 Project Objectives
2.7 Assumptions
3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND DETERMINATION
3.1 Environmental Factors Potentially Affected
3.2 Environmental Factors Clearly Not Affected
3.3 Environmental Determination
4.0 ENVIRONMENTAL ANALYSIS
4.1 Aesthetics
4.2 Utilities and Service Systems
4.3 Biological Resources
4.4 Public Services
4.5 Land Use and Planning
4.6 Hydrology and Water Quality
4.7 Hazards and Hazardous Materials
5.0 CONCLUSIONS
5.1 Mandatory Findings of Significance
5.2 Mitigation Monitoring and Reporting Program
6.0 REFERENCES
Appendix
A. Draft Ordinance
CHAPTER 1.0 — INTRODUCTION AND PURPOSE
1.0 INTRODUCTION
1.1 CEQA Compliance
The City of Ukiah Department of Planning and Community Development is the lead agency
under the California Environmental Quality Act (CEQA) for the proposed Medical Marijuana
Dispensary Ordinance (Project) that would be located citywide. In accordance with Section
15070 through Section 15075, Negative Declaration Process, of the CEQA Guidelines, this
Initial Study/Proposed Mitigated Negative Declaration has been prepared by the City of Ukiah.
Section 15070 of the CEQA Guidelines states the following with the respect to the preparation
of a Mitigated Negative Declaration:
"A public agency shall prepare or have prepared a proposed negative declaration or mitigated
negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record
before the agency, that the project may have a significant effect on the environment, or
(b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a
proposed mitigated negative declaration and initial study are released for public review would
avoid the effects or mitigate the effects to a point where clearly no significant effect would occur,
and
(2) There is no substantial evidence, in light of the whole record before the agency that the
project as revised may have a significant effect on the environment.
As prescribed in Section 15070, an Initial Study has been prepared that analyzes the potential
project-related impacts anticipated to occur as a result of implementing the Final Closure and
Post Closure Maintenance Plan for the Ukiah Landfill as proposed by the City of Ukiah.
Pursuant to Section 15071 of the CEQA Guidelines, the Initial Study/Proposed 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 affected by project implementation (Refer to
Section 3.0);
➢ A comprehensive analysis of each environmental topic included in the
County's environmental checklist (refer to Chapter 4.0);
➢ A proposed finding that the project will not have a significant effect on the environment
(refer to Section 5.1); and
➢ Mitigation measures (refer to Section 5.2).
1.2 Incorporation by Reference
As allowed under Section 15150 of the State CEQA Guidelines, this Initial Study incorporates
the Final Marijuana Dispensary Ordinance by reference. The Ordinance was utilized during the
preparation of the Initial Study. The relevant information and/or analysis that has been
incorporated by reference into this Initial Study has been summarized. The Final marijuana
Dispensary Ordinance is available for review at the City of Ukiah Department of Planning and
Community Development located at 300 Seminary Avenue, Ukiah, California, 95482.
1.3 Purpose
The Marijuana Dispensary Ordinance for the City of Ukiah prepared by the City of Ukiah
Department of Planning and Community Development for submittal to the Ukiah City Council.
The environmental document that follows is an Initial Study and Mitigated Negative Declaration
(IS/MND) for the Ukiah Marijuana Dispensary Ordinance project as proposed by the City of
Ukiah. An initial study is a preliminary analysis that is completed as part of the project design
and assessment to determine whether an environmental impact report or negative declaration
must be prepared to assess potential environmental impacts in accordance with the California
Environmental Quality Act (CEQA) and State CEQA Guidelines (Section 15000 et seq.). The
initial study is intended to determine if the project may have a significant effect on the
environment. A negative declaration is a written statement that briefly describes the reasons
why a proposed project will not have a significant effect on the environment and, therefore, does
not require the preparation of an EIR.
As indicated above, the City of Ukiah is proposing to establish and implement regulations for
marijuana dispensaries, which will be implemented upon the adoption of this document by the
City of Ukiah City Council. This study has been prepared in accordance with the CEQA, Public
Resources Code 21000 et seq., and the State CEQA Guidelines, California Code of
Regulations, Section 15000 et seq. This document provides a description of the project setting
and characteristics and includes an environmental evaluation and checklist that identifies the
potential environmental impacts associated with implementation of the proposed Marijuana
Dispensary Ordinance, and includes a discussion of the checklist responses and findings.
1.4 Determination of No Significant Impacts
This Initial Study/Mitigated Negative Declaration has been prepared pursuant to Section 15070
through Section 15075 of the CEQA Guidelines as prescribed in Section 1.1, above. As
indicated in Chapter 5.0 of the document, no significant impacts will occur as a result of project
implementation with the incorporation of appropriate mitigation measures into the final
Ordinance to establish "self-mitigation." The City of Ukiah City Council will consider the
information contained in this document prior to making a final decision on the proposed
Marijuana Dispensary Ordinance.
CHAPTER 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 zoning districts or within 250 feet of a "Youth-Oriented facility" (school,
public park, church and licensed daycare facility). The City is approximately 4.84 square miles
and is comprised of 4,997 parcels.
2.2 Environmental Setting
The City of Ukiah is the county seat for Mendocino County and serves as the employment,
shopping and medical hub for the region. The population is approximately 16,000 and swells to
approximately 25,000-30,000 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
forested for an urban environment and has an ample number of parks and associated open
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 2007 Medical Marijuana Dispensaries Ordinance also stated the City Council's intention
was 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 sat satisfy the city
council that the facility could operate without causing serious adverse impacts".
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 dispensary of inedical marijuana, the State will be the sole licensing authority
for these activities in the City.
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
medical marijuana dispensaries, delivery of inedical marijuana within the boundaries of the City,
and cultivation of inedical marijuana within the boundaries of the City.
2.4 Project Characteristics/Description
The project is an ordinance regulating medical marijuana dispensaries, distribution, and
cultivation in order to promote the health, safety, morals, and general welfare of resident and
businesses within the city. The ordinance requires a use permit to operate a dispensary and
there are limitations on the location of dispensaries — required distances from youth-oriented
facilities, parks, schools, or another dispensary. There are also dispensary operating
requirements, application preparation and filing requirements, criteria for the review of
dispensary use permits, use permit processing requirements, and other requirements.
2.5 Project Timing
The proposed Marijuana Dispensary Ordinance would go into full force and effect 30-days after
adoption by the City Council.
2.6 Project Objectives
➢ To provide reasonable regulations for marijuana dispensaries, marijuana distribution,
and cultivation that would protect the public's health, safety, morals, and general welfare
of residents and businesses in the city.
➢ To provide regulations that are easy to understand, explain to the public, and implement.
➢ To provide regulations that are enforceable.
2.7 Assumptions
➢ Future dispensaries would likely locate within existing commercial buildings similar to
other new retail uses. Construction of new buildings to house medical marijuana
dispensaries would require discretionary review and separate CEQA review.
➢ Similar to other communities of comparable size such as Sebastopol and Arcata, it is
expected that if the proposed ordinance is adopted there would not be a proliferation of
dispensaries. Due to market conditions and competition, it is assumed that not more
than a maximum of 3 dispensaries would locate within the city limits (Sebastopol and
Arcata have 1 dispensary each).
➢ Since growing marijuana in dispensaries is limited to 1,500 square feet, it is assumed
that water use would be similar to that of a typical 3-bedroom, 2-bathroom single family
residence with two parents and two children/teenagers, lawns, two showers, a washing
machine, dishwasher, sinks, and outdoor gardening space. The average water use for a
typical single family residence is 200 gallons per day.
CHAPTER 3.0 — ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND
DETERMINATION
3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED AND DETERMINATION
3.1 Environmental Factors Potentially Affected
The environmental analysis in Section 4.0 is patterned after the Initial Study Checklist
recommended by the CEQA Guidelines, as amended, and used by the City of Ukiah in its
environmental review process. For the preliminary environmental assessment undertaken as
part of this Initial Study's preparation, a determination that there is a potential for significant
effects indicates the need to more fully analyze the development's impacts and to identify
mitigation.
Chapter 4.0 (Environmental Analysis) analyzes the potential environmental impacts associated
with the proposed Marijuana Dispensary Ordinance project. The issue areas evaluated in this
Initial Study include:
Aesthetics X
Utilities and Service S stems X
Biolo ical Resources X
Public Services X
Land Use and Plannin X
H drolo and Water Qualit X
Hazards and Hazardous Materials X
For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated
and an answer is provided according to the analysis undertaken as part of the Initial Study. The
analysis considers the long term, direct, indirect, and cumulative impacts of the development.
To each question, there are four possible responses:
➢ No Impact. The development will not have any measurable environmental impact on the
environment.
➢ Less Than Significant Impact. The development will have the potential for impacting
the environment, although this impact will be below established thresholds that are
considered to be significant
➢ Less Than Significant Impact With Mitigation Incorporated. The development will
have the potential to generate impacts, which may be considered as a significant effect
on the environment, although mitigation measures or changes to the development's
physical or operational characteristics can reduce these impacts to levels that are less
than significant.
➢ Potentially Significant Impact. The development could have impacts, which may be
considered significant, and therefore additional analysis is required to identify mitigation
measures that could reduce potentially significant impacts to less than significant levels.
Where potential impacts are anticipated to be significant, mitigation measures will be
required, such that impacts may be avoided or reduced to insignificant levels.
3.2 Environmental Factors Clearly Not Affected
The Initial Study found that it can be seen with certainty that the following issue areas would not
be significantly impacted and therefore no analysis is required:
Aqriculture and Forestrv Resources: There are no prime agricultural lands or forestry lands
within the City limits, therefore none would be impacted by the implementation of the proposed
Marijuana Dispensary ordinance.
Mineral Resources: There are mineral resource extraction facilities and no known mineral
resources within the City limits, therefore none would be affected by the implementation of the
proposed Marijuana Dispensary ordinance.
Noise: Research reveals that the vast majority of existing medical marijuana dispensaries,
including all the dispensaries in Mendocino County are operating within existing structures. It is
therefore assumed that if the ordinance is enacted, new dispensaries would open in vacant
retail commercial or industrial space and no noise ordinance violating construction would occur.
The operation of retail medical marijuana dispensaries would be required to comply with the
existing City of Ukiah noise ordinance in the same manner as other retail businesses.
Population and Housing: The proposed ordinance would regulate medical marijuana
dispensaries, distribution, and cultivation of marijuana (within the dispensaries) and would not,
in and of itself cause the City's population to increase. Nor would the ordinance affect housing
in any way because it would regulate retail businesses not residential properties.
Air Qualitv and Greenhouse Gas Emissions: The proposed ordinance would not result in
adverse impacts to air quality because it would merely regulate certain retail businesses, and
based on the small size of the city and its market area, as well as opportunities to establish
outside the city limits, it is anticipated that only a small number of dispensaries would establish
within the city limits. This has been the affect in other communities such as Arcata, California.
Therefore, delivery vehicles associated with the dispensaries would be limited and would not
substantially contribute to air pollutants.
Cultural Resources: The City of Ukiah is a dense urban environment where the ground has
been significantly disturbed to allow urban development for over 100 years. If inedical
marijuana dispensaries are established within the city as permitted by the proposed ordinance,
it is assumed that they would located within existing retail commercial space and therefore there
no prehistoric or historic cultural resources would be adversely impacted by the project.
Recreation: The City's formal recreation services and activities are primarily conducted in the
local parks and on school grounds. The ordinance specifically prohibits the establishment of
medical marijuana dispensaries within 250 feet of these areas to preclude impacts.
Geoloqv and Soils: Research reveals that the vast majority of existing medical marijuana
dispensaries, including all the dispensaries in Mendocino County are operating within existing
structures. It is therefore assumed that if the ordinance is enacted, new dispensaries would
open in vacant retail commercial space and no impacts to geology and soils would result. If a
new building was constructed to provide space for a medical marijuana dispensary, a
geotechnical soils investigation would be required with the submittal of a building permit
application as required by the California Building Code to ensure the geology and soils are
adequate for the development of a foundation and building.
3.3 Environmental Determination
On the basis of this initial evaluation:
X I find that the proposed use COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposal could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will
be prepared.
I find that the proposal MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a significant effect(s) on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant 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 significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effect (a) have been analyzed adequately in an
earlier EIR or NEGATIVE DECLARATION, pursuant to all applicable standards, and (b) have
been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures are imposed upon the proposed project, nothing further is
required.
Signature Date
Kevin Thompson, Interim Director
Planning and Community Development
City of Ukiah
kthompson(a�cityofukiah.com
planninq(a�cityofukiah.com
www.cityofukiah.com
CHAPTER 4.0— ENVIRONMENTAL ANALYSIS
4.0 ENVIRONMENTAL ANALYSIS
The purpose of this Initial Study/Proposed Mitigated Negative Declaration for the proposed
Ukiah Medical Marijuana Dispensary Ordinance is to provide an analysis of the potential
environmental consequences that are anticipated to occur as a result of implementation of the
ordinance in accordance with the environmental review process as implemented by the City of
Ukiah. The analysis contained in this chapter includes a discussion of the anticipated impacts
associated with the implementation of the Ukiah Medical Marijuana Dispensary Ordinance as
described in Chapter 2.0 (Project Description).
4.1 Aesthetics - Would the project:
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a. Have a substantial adverse
effect on a scenic vista? X
b. Substantially damage scenic
resources, including, but
not limited to, trees, rock X
outcroppings, and historic
buildings within a state scenic
highway?
c. Substantially degrade the
existing visual character or quality
of the site and its surroundin s? X
d. Create a new source of
substantial light or glare, which
would adversely affect day or X
nighttime views in the area?
Significance Criteria:
A project may be deemed to have a significance adverse aesthetic impact if it results in any of
the following:
➢ Changes at the site substantially degrade the character of the site, degrade an existing
public viewshed, or alter the character of a public view shed by the introduction of
anomalous structures or elements.
➢ Changes at the site would result in changes in the expectations of viewers (measured
against the relative importance of those views) and would result in a negative impression
of the view shed. (The emphasis of this criterion is on views from public areas, not views
from individual lots unless view easements are involved.)
➢ Changes at the site substantially conflict with and/or do not uphold the scenic and visual
quality objectives for development, as articulated in the County's General Plan goals,
objectives
Analysis:
a. Have a substantial adverse effect on a scenic vista?
No Impact. There are no officially designated scenic vistas located within or in close proximity
to the city limits, therefore none would be adversely impacted by a medical marijuana
dispensary retail store opening in an existing retail business or industrial space. Similarly, if a
building was constructed within the dense urban city environment to accommodate a medical
marijuana dispensary, it would not adversely impact any official scenic vista because none exist
in the city or immediate vicinity.
b. Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No Impact. There are no officially designated scenic resources or state scenic highways within
or in close proximity to the city limits, therefore none would be impacted by the establishment of
a medical marijuana dispensary.
Even though the western hillside overlooking the City of Ukiah is not designated as an official
scenic vista, an argument could be made that the views of these hills are important. The hillside
area is zoned for rural residential development and therefore according to the proposed
ordinance no medical marijuana dispensary could locate in this area of the community.
c. Substantially degrade the existing visual character or quality of the site and its
surroundings?
No Impact. As noted above, it is expected that any proposed 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 city and therefore not create new
impacts to the visual character or quality in the area. Also, as noted above, if a building was
constructed within the dense urban city environment to accommodate a medical marijuana
dispensary, it would be subject to design review board and planning commission review, as well
as separate CEQA review, which would ensure that no new visual impacts would result from the
project.
If a medical marijuana dispensary erects signs for its business, they would be required to
comply with existing sign regulations designed to protect the visual quality of commercial areas
and therefore would not degrade visual character and quality of its surroundings.
d. Create a new source of substantial light or glare, which would adversely affect day or
nighttime views in the area?
No Impact. As noted above, it is expected that any proposed 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 city and therefore not create light
or glare impacts. Nighttime and daytime views of the densely urban environment where medical
marijuana dispensary would locate are of buildings, signs, motor vehicles, trees, etc., and the
Ukiah City Code prohibits substantial light and glare from businesses from shining into streets.
If a building was constructed within the dense urban city environment to accommodate a
medical marijuana dispensary, it would be subject to design review board and planning
commission review, as well as separate CEQA review, which would ensure that no impacts to
daytime and nighttime visual resources would result from the project.
Cumulative Impacts
Since no visual quality impacts would result from implementation of the ordinance, none would
contribute cumulatively to the degradation of visual quality in the City of Ukiah.
Mitigation Measures
Project implementation will not 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: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a. Exceed wastewater treatment
requirements of the X
applicable Regional Water Quality
Control Board?
b. Require or result in the
construction of new water or
wastewater treatment facilities or X
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 X
expansion of existing facilities,
the construction of which could
cause significant
environmental effects?
d. Have sufficient water supplies
available to serve the
project from existing entitlements X
and resources, or are new
or expanded entitlements
needed?
e. Result in a determination by the
wastewater treatment
provider, which serves or may
serve the project that it has
adequate capacity to serve the X
projecYs projected demand
in addition to the provider's
existing
f. Be served by a landfill with
sufficient permitted capacity to
accommodate the project's solid
waste disposal needs? X
f. Be served by a landfill with
sufficient permitted capacity to
accommodate the projecYs solid X
waste disposal
needs?
g. Comply with federal, state, and
local statutes and X
regulations related to solid waste?
Significance Criteria:
The proposed project would result in significant adverse environmental impacts if any of the
following occur:
➢ The project-related demand caused an increase in wastewater treatment that reached or
exceeded the current capacity of existing or planned treatment facilities or caused a
reduction in the level of service, thereby requiring substantial expansion of existing
facilities or the construction of new facilities.
➢ The proposed project's use of water resources will substantially and adversely deplete
existing sources of domestic water.
➢ The proposed project will require the construction of new water facilities beyond those
already planned and the cost of which would not be borne by the applicant.
➢ The project will generate solid waste that exceeds the capacity of the landfill to accept
and disposal of the waste.
Analysis:
a. Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
No Impact. While the ordinance would permit some growing (and watering) of marijuana on-site
at a dispensary location, it could not exceed 1,500 square feet of area and must be contained
inside of the building. The ordinance also requires cultivation practices to utilize the most water
efficient methods available, and the City has the right to require annual reports on cultivation
facility practices including water conservation methods. Moreover, the ordinance requires the
cultivation methods to fully comply with all applicable stormwater, wastewater and building code
requirements.
b. Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
No Impact. As noted above, dispensary cultivation operations are limited in size and water use
and would be reviewed by water and wastewater officials. A proposed dispensary would not be
allowed to be developed if water and wastewater facilities could not serve the proposal.
Moreover, based on the experiences of other similar sized cities such as Arcata and
Sebastopol, it is reasonable to assume that the small market area of Ukiah would not result in a
proliferation of inedical marijuana dispensaries. Accordingly, it is anticipated that water and
wastewater services would be available to the few dispensaries that may be proposed in the
City.
c. Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
No Impact. Similar to above, if the expected maximum amount of water to be used in the
cultivation practices associated with a future dispensary was discharged from the sites into the
storm drain system, it would be comparable to the runoff from a single family residences.
Moreover, it is anticipated that new dispensaries would most likely be proposed in existing
buildings and therefore not increase urban stormwater runoff. In all likelihood, the water used,
but not absorbed into the soil and plants would not be discharged into the storm drain system,
but rather into the wastewater system or drained to landscaping on the site. No impact to the
storm drain system is expected.
d. Have sufficient water supplies available to serve the project 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 dispensary
cultivation practices resulting from the proposed ordinance. This is based on the reasonable
assumption that the small population and existing market area would not support more than a
few dispensaries. However, even if more than a few dispensaries were proposed, the Public
Works Department would determine if the City had the capacity to serve the proposed
dispensary before granting approval just as it does with every proposed development project.
e. Result in a determination by the wastewater treatment provider, which serves or may
serve the project that it has adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments?
No Impact. Discussions with the City Public Works Department reveal that the City has the
wastewater treatment capacity to serve the minor demand that would be created by marijuana
dispensary cultivation practices resulting from the proposed ordinance. This is based on the
reasonable assumption that the small population and existing market area would not support
more than a few dispensaries. However, even if more than a few dispensaries were proposed,
the Public Works Department would determine if the City had the capacity to serve the
proposed dispensary before granting approval just as it does with every proposed development
project.
f. Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
No Impact. The solid waste generated from an assumed maximum of three (3) marijuana
dispensary businesses is not expected to exceed what a typical retail business generates and
therefore would not adversely impact solid waste pick-up and disposal operations. This was
confirmed by the City Department of Public Works staff. This 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 solid waste generated from future marijuana dispensary businesses is not
expected to be significant and is required to comply with all federal, state and local laws related
to solid waste.
Cumulative Impacts
It has been concluded that the implementation of the proposed marijuana dispensary ordinance
would result in minor water usage, little or no discharge of water into the stormdrain system, and
little or no discharge into 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 approximately a typical single family residences, which according to the Department of Public
Works would not result in cumulative impacts, when combined with known or foreseeable future
projects.
Mitigation Measures
Project implementation will not result in any potentially significant impacts to utilities and service
systems. Therefore, no mitigation measures are required.
4.3 Biological Resources - Would the project:
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a. Have a substantial adverse effect,
either directly or X
through habitat modifications, on any
species identified as
a candidate, sensitive,or special
status species in
local or regional plans, policies, or
regulations,or by the
California Department of Fish and
Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse effect
on any riparian habitat
or other sensitive natural community X
identified in local or
regional plans, policies, regulations or
by the California
Department of Fish and Game or U.S.
Fish and Wildlife
Service?
c. Have a substantial adverse effect
on federally protected
wetlands as defined by Section 404 of X
the Clean Water
Act(including, but not limited to,
marsh, vernal pool,
coastal, etc.)through direct removal,
filling, hydrological
interruption, or other means?
d. Interfere substantially with the
movement of any native
resident or migratory fish or wildlife X
species or with
established native resident or
migratory wildlife corridors,
or impede the use of native wildlife
nurse sites?
e. Conflict with any local policies or
ordinances protecting X
biological resources, such as a tree
preservation policy or
ordinance?
f. Conflict with the provisions of an
adopted Habitat
Conservation Plan, Natural X
Community Conservation
Plan, or other approved local,
regional,or state habitat
conservation plan?
Significance Criteria:
The proposed project would result in significant adverse environmental impacts if one or more of
the following conditions occur as a result of implementation of the proposed project:
➢ Direct or indirect loss of individuals of a state- or federal-listed threatened or endangered
species.
➢ Substantial adverse effect on a rare plant or animal species.
➢ Substantial adverse effect on a species or native plant or animal community.
➢ Substantial adverse effect on a habitat of concern.
➢ Substantial adverse effect on a critical, yet limited, resource utilized by state or federal
listed threatened or endangered species.
➢ Substantial adverse effect on the movement of any resident or migratory fish or wildlife
species.
Analysis:
a. Have a substantial adverse effect, either directly or through habitat modifications,
on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
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 construction, and therefore would not adversely impact plant and animal habitats and
special species. However, if a new building were proposed in the future, it would be subject
to discretionary review and potential impacts to plants and animals and their habitats would
be evaluated through separate CEQA review.
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
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 construction, and therefore would not adversely impact riparian habitats or other
sensitive natural communities identified in planning policy documents. However, if a new
building were proposed in the future, it would be subject to discretionary review and
potential impacts to riparian areas. would be evaluated through separate CEQA review.
c. Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of fhe Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
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 construction, and therefore would not adversely impact wetland areas. However, if a
new building were proposed in the future, it would be subject to discretionary review and
potential impacts to wetlands would be evaluated through separate CEQA review.
d. Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of nafive wildlife nursery sites?
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 construction, and therefore would not adversely impact movements of any native
animals or fish species, wildlife corridors, or impede the use of native wildlife nursery sites.
However, if a new building were proposed in the future, it would be subject to discretionary
review and potential impacts to movements of any native animals or fish species, wildlife
corridors, or impede the use of native wildlife nursery sites would be evaluated through
separate CEQA review.
e. Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
No Impact. The City does not have any ordinances protecting biological resources, but
does have tree protection policies. 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 construction, and therefore would not violate the
City's tree protection policies. However, if a new building were proposed in the future, it
would be subject to discretionary review and consistency with the City's tree protection
policies would be required.
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservafion Plan, or other approved local, regional, or stafe habitat
conservation plan?
No Impact. Any future marijuana dispensary permitted under the proposed ordinance would
be located within the city limits. There is no adopted Habitat Conservation Plan applicable
to the City of Ukiah and therefore none would be violated by the establishment of a
marijuana dispensary locating within an existing retail commercial building or if it involved
new construction.
Cumulative Impacts
Since no potential biological impacts were identified, none would contribute to possible
cumulative impacts to biological resources.
Mitigation Measures
Project implementation will not result in any potentially significant biological resource impacts.
Therefore, no mitigation measures are required.
4.4 Public Services —Would the Project:
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a.Would the project result in
substantial adverse physical X
impacts associated with the
provision of new or
physically altered governmental
facilities, need for new
or physically altered governmental
facilities, the
construction of which could cause
significant
environmental impacts, in order to
maintain acceptable
service ratios, response times or
other performance
objectives for any of the public
services:
1. Fire protection?
X
2. Police protection
X
3. Schools?
X
4. Parks?
X
5. Other Facilities?
X
Significance Criteria:
The proposed project would result in significant adverse environmental impacts if any of the
following occur:
➢ An increase in the demand for fire protection services to such a degree that accepted
service standards (e.g., manpower, equipment, response times, etc.) are not maintained.
➢ The interference with emergency response or evacuation plan(s) in the community or not
provide internally consistent analysis or policies to guide future development.
➢ Expose people or structures to significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands.
➢ Result in response times that exceed the County'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 and/or
equipment.
Analysis:
a. 1 and 2. Would the project result in substantial adverse physical impacts
associated with fhe provision of new or physically altered governmental facilities,
need for new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain
acceptable service ratios, response times or other performance objectives for fire
protection or police protection?
No Impact. Any future marijuana dispensary that includes indoor growing would require an
electrical building permit for grow lighting and would be reviewed by the City Building Official
and Fire Marshal for compliance with the State Electrical and Fire Codes. No construction
would be permitted that did not comply with the State Electrical 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 location, intensity, operations, land use
compatibility, etc. have been fully addressed by the standards and requirements contained
in the ordinance.
b. 3 and 4. Would the project result in substantial adverse physical impacts
associated with the provision of new or physically altered governmental facilities,
need for new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain
acceptab/e service ratios, response times or other performance objectives for
schools and parks?
No Impact. The ordinance specifically mandates that future marijuana dispensary facilities
be located a minimum of 250 feet from any school or park to eliminate any potential impacts
to these facilities.
c. 5. Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which could
cause significant environmenfal impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for other public facilities?
No Impact. The City Police and Fire Departments have reviewed the proposed ordinance
and have concluded that permitting marijuana dispensaries in commercial and industrial
zones within the city, would not adversely impact their abilities to provide adequate service
or require new or altered police or fire facilities to maintain acceptable response times or
other performance objectives.
Cumulative Impacts
Since no impacts to public services were identified, none would contribute to possible
cumulative impacts.
Mitigation Measures
Project implementation will not result in any potentially significant public service impacts.
Therefore, no mitigation measures are required.
4.5 Land Use and Planning —Would the Project:
Would the Pr'ojeCt: Potentially Less Than Less Than No ImpaCt
Significant Significant Significant
Impact Impact Impact
with
Miti ation
a. Physically divide an established
communit ? X
b. Conflict with any applicable
land use plan, policy,
or regulation of an agency with
jurisdiction over
the project (including, but not X
limited to the general plan,
specific plan, local coastal
program, or zoning
ordinance)adopted for the
purpose of avoiding or
mitigating an environmental
effect?
c. Conflict with any applicable
habitat conservation plan or X
natural community conservation
plan?
Significance Criteria:
The proposed project would result in significant adverse environmental impacts if any of the
following occur:
➢ Physically divide an established community.
➢ Conflict with the County of Mendocino County General Plan or zoning ordinance.
➢ Conflict with the Habitat Conservation Plan for Mendocino County.
➢ Be incompatible with adjacent land uses.
Analysis:
a. Physically divide an established community?
No Impact. It can be seen with certainty that if marijuana dispensary business establish within
an existing retail commercial building or if a new building is constructed to accommodate such
businesses, the established community would not become divided.
b. Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
No Impact. The project would result in permitting a new type of retail business in the City where
it is currently not listed as a permitted business in the city code. Review of the general plan and
other applicable planning documents reveals no conflict or inconsistency with adopted goals
and polices, or with other land use regulations.
c. Conflict with any applicable habitat conservation plan or natural community
conservation plan?
No Impact. As noted in the Biological resources section above, the City of Ukiah does not have
a Habitat Conservation Plan or natural Communities Conservation Plan, so that none would be
adversely impacted by the proposed marijuana dispensary ordinance.
Cumulative Impacts
Since no impacts to land use planning were identified, none would contribute to possible
cumulative impacts.
Mitigation Measures
Project implementation will not result in any potentially significant land use planning impacts.
Therefore, no mitigation measures are required.
4.6 Hydrology and Water Quality—Would the Project:
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a.Violate any water quality standards
or waste discharge X
requirements?
b.Violate any water quality standards
or waste discharge X
requirements?
c.Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer
volume or a lowering of the local
groundwater table level (e.g.,the
production rate of pre - existing X
nearby wells would drop to a level
which would not support existing land
uses or planned uses for which
permits have been granted)?
d.Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of stream or river, in a
manner,which would result in X
substantial erosion or siltation on -
or off- site?
e.Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or
substantially increase the rate or X
amount of surface runoff in a manner,
which would result in flooding on - or
off- site?
f.Create or contribute runoff which
would exceed the capacity of existing X
or lanned storm
g.water drainage systems or provide
substantial additional sources of
polluted runoff? X
h.Otherwise substantially degrade
water quality? X
i.Place housing within a 100 - year
flood hazard as mapped on a Federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood X
hazard delineation map?
j.Place structures within a 100 - year
flood hazard area which would
impede or redirect flood flows? X
k.lnundation by seiche,tsunami, or
mudflow? X
I.Result in a potential for discharge of
stormwater
pollutants from areas of material
storage, vehicle or
equipment fueling,vehicle or X
equipment maintenance
(including washing),waste handling,
hazardous
materials handling or storage, delivery
areas, loading
docks or other outdoor work areas?
m.Result in the potential for discharge
or stormwater to X
affect the beneficial uses of the
receivin waters?
n.Create the potential for significant
change in the flow X
velocity or volume of stormwater
runoff to cause
environmental harm?
o.Creates insignificant increases in
erosion of the project X
site or surroundin areas?
Significance Criteria:
➢ The proposed project would result in significant adverse environmental impacts if one or
more of the following conditions occur as a result of implementation of the proposed
project:
➢ Substantial and adverse increased inundation, sedimentation and/or damage from water
forces to the subject project and/or other properties are caused by improvements such
as grading, construction of barriers or structures.
➢ Development within the 100-year flood plain as delineated by FEMA that would expose
people and/or property to potential serious injury and/or damage.
➢ Impervious surfaces increase and/or divert storm water runoff that results in the inability
of the existing collection and conveyance facilities to accommodate the increased flows.
➢ Project implementation will cause a violation of water quality objectives for surface and
groundwater as established by the Water Quality Control Plan and impede the existing
beneficial uses of on-site surface waters or off-site coastal waters as defined in the
Water Quality Control Plan.
➢ A usable groundwater aquifer for municipal, private, or agricultural purposes is
substantially and adversely affected by depletion or recharge.
➢ Storm water and/or induced runoff mixes with a tidal habitat or pond causing instability to
the existing water quality (e.g., reduction of salinity below 16 ppm) which, in turn,
substantially and adversely affects the sensitive brackish/saltwater marsh habitat by
allowing for the introduction and establishment of invasive fresh water species.
➢ Sediments are increased and/or diverted by proposed improvements and cause
sediment deposition in defined sensitive habitat areas (e.g., wetlands, jurisdictional
waters) that adversely affect or significantly affect significant habitat and/or sensitive
species as recognized by the applicable resource agencies.
Analysis:
A through o. Impacts to local hydrology and water quality
No Impact. The proposed marijuana dispensary ordinance would allow dispensaries to locate
within existing buildings and/or construct new buildings with 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 would not impact factors a
through o listed in the Table above because they would not involve site grading or construction,
or alterations to drainage patterns, wetlands, or floodplains.
Construction of new buildings to house marijuana dispensaries would require discretionary
review and would be required to comply with all city code requirements related to hydrology and
stormwater management, locating outside floodplains, environmental quality, as well as the
state building code.
Cumulative Impacts
Since no impacts to hydrology and water quality were identified, none would contribute to
possible cumulative impacts.
Mitigation Measures
Project implementation will not result in any potentially significant hydrology or water quality
impacts. Therefore, no mitigation measures are required.
4.7 Hazards and Hazardous Materials —Would the Project:
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a. Create a significant hazard to
the public or the environment X
through the routine transport, use,
or disposal of hazardous
materials?
b. Create a significant hazard to
the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of hazardous X
materials into the environment?
c. Emit hazardous emissions or
handle hazardous or acutely X
hazardous materials, substances,
or waste within one-quarter mile
of an existing or proposed
school?
d. Be located on a site, which is
included on a list of hazardous
materials sites compiled pursuant
to Government Code Section X
65962.5, and, as a result,
would it create a significant
hazard to the public or the
environment?
e. For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles X
of a public airport or public use
airport, would the project
result in a safety hazard for
people residing or working in
the project area?
f. For a project within the vicinity
of a private airstrip, would the
project result in a safety hazard X
for people residing or working in
the pro'ect area?
g. Impair implementation of or
physically interfere with an
adopted emergency response X
plan or emergency evacuation
plan?
h. Expose people or structures to
a significant risk of loss, injury or
death involving wildland fires, X
including where wildlands are
adjacent to urbanized areas or
where residences are intermixed
with wildlands?
Significance Criteria:
The proposed project would result in significant adverse environmental impacts if one or more of
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 reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment.
➢ Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school.
➢ Be located on a site that is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would create a
significant hazard to the public or the environment.
➢ Result in a safety hazard for people residing or working in the project area if located
within two miles of a public airport or public use airport.
Analysis:
a. Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
No Impact. Small indoor marijuana cultivation areas associated with dispensaries could
involve the use of fertilizers and insecticides. However, the amount and schedule of use
would be comparable to a typical outdoor garden on a single family residential property and
therefore not significant.
b. Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
No Impact. As indicated above, the minor use of fertilizers and insecticides may occur in the
future dispensaries, but because of limitations on the size of growing areas and the number
of dispensaries would not result in significant hazardous conditions.
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No Impact. As indicated above, the minor use of fertilizers and insecticides may occur 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 hazardous emissions. These
materials are not considered acutely hazardous.
d. Be located on a site, which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5, and, as a result, would it
create a significant hazard to the public or the environment?
No Impact. It is expected that future marijuana dispensaries would be located in existing
retail commercial buildings and therefore not on any hazardous material site. Any newly
proposed building intended to house a dispensary would be subject to discretionary review
and CEQA compliance and would be evaluated at that time. Moreover, no hazardous sites
included on a list pursuant to Government Code Section 65962.5 exist within the city limits.
e. For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or working in the project area?
No Impact. The city has an Airport Master Plan with density, height and open space
requirements intended to protect people, as well as the airport. It is expected that future
marijuana dispensaries would typically locate in existing buildings or construct small
buildings and would not involve large concentrations of people. They would function similar
to pharmacies and small retail stores and therefore would not violate the land use
compatibility standards contain in the Airport Master Plan.
f. For a project within the vicinity of a private airstrip, would the project result in a
safety hazard for people residing or working in the project area?
No Impact. (See Item e above)
g. Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
No Impact. New marijuana dispensaries would operate similar to pharmacies and small
retail stores and therefore would not conflict or interfere with any adopted emergency
response plan.
h. Expose people or structures to a significant risk of/oss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact. Pursuant to the locations requirements contained in the proposed ordinance, no
marijuana dispensary could be located in the western hillside area of the city, which is the
only Wildland Fire hazard designated area in the City.
Cumulative Impacts
Since no impacts to hazards and hazardous materials were identified, none would contribute to
possible cumulative impacts.
Mitigation Measures
Project implementation will not result in any potentially significant hazards and hazardous
material impacts. Therefore, no mitigation measures are required.
CHAPTER 5.0— CONCLUSIONS
5.0 CONCLUSIONS
The analysis contained in this Initial Environmental Study reveals that the proposed medical
marijuana dispensary ordinance would not result in potentially significant adverse impacts on
the physical environment.
5.1 Mandatory Findings of Significance
Would the Project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact Impact Impact
with
Mitigation
a. Does the project have the X
potential to degrade the quality of
the environment, substantially
reduce the habitat of a fish or
wildlife species, cause a fish or
wildlife population to drop below
self-sustaining levels, threaten 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 major periods of California
history or prehistory?
b. Does the project have impacts
that are individually limited, but X
cumulatively considerable?
("Cumulatively considerable"
means that the incremental
effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other
current projects, and the effects of
probable future projects)?
c. Does the project have
environmental effects, which will X
cause substantial adverse effects
on human beings, either directly
or indirectly?
Impact Analysis
a. Does the project have the potential to degrade fhe quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminafe important examples of the major periods
of California history or prehistory?
No. Based on the findings and conclusions contained in the Initial Environmental Study,
the proposed medical marijuana dispensary ordinance would not have the potential to
degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,
threaten 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
major periods of California history or prehistory?
b. Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable"means that the incremental effects of
a project are considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable future
projects)?
No. Based on the findings and conclusions contained in the Initial Environmental Study,
the proposed medical marijuana dispensary ordinance would not have impacts that are
individually limited, but cumulatively considerable? ("Cumulatively considerable" means
that the incremental effects of a project are considerable when viewed in connection with
the effects of past projects, the effects of other current projects, and the effects of
probable future projects)?
c. Does the project have environmental effects, which will cause substantial adverse
effects on human beings, either directly or indirectly?
No. Based on the findings and conclusions contained in the Initial Environmental Study,
the proposed medical marijuana dispensary ordinance would not have environmental
effects, which will cause substantial adverse effects on human beings, either directly or
indirectly?
5.2 Mitigation Monitoring and Reporting Program
In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah
Department of Planning and Community Development prepared a Negative Declaration (ND)
and Initial Study for the proposed project located citywide. The Initial Environmental Study and
ND indicated that no potential adverse environmental impacts would result from the
implementation of the proposed medical marijuana dispensary ordinance. Therefore no
mitigation measures were required or identified and a Mitigation Monitoring and Reporting
program is not required.
CHAPTER 6.0— REFERENCES
7.0 REFERENCES
1. California Department of Conservation, Division of Land Resource Protection Farmland
Mapping and Monitoring Program — Mendocino County — Important Farmland 2012,
Sheet 2 of 2.- ftp://ftp.consrv.ca.go�/pub/dlrp/FMMP/pdf/2012/men12 so.pdf
2. California Department of Conservation, Division of Mines and Geology— Special Sfudies
Zone, Ukiah Quadrangle. Dated January 1, 1982.
3. California Department of Forestry and Fire Protection — Fire Hazard Severity Zones,
Mendocino County. November 2007.
http://frap.fire.ca.gov/webdata/maps/mendocino/fhszs_map.23.pdf
4. Department of Transportation - California Scenic Highway Mapping System.
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
5. County of Mendocino— The County of Mendocino General Plan. Adopted August 2009.
6. County of Mendocino— Ukiah Valley Area Plan (UVAP). Adopted 2012
7. Federal Highway Administration — Construction Noise Handbook.
https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook00.
cfm
8. Ukiah General Plan and Growth Management Plan, 1995 (2004/2009 — Housing
Element) www.cityofukiah.com
9. Ukiah Municipal Airport Master Plan. Adopted 1996.
10. Ukiah WalMart Expansion EIR. Certified 2010
11. Ukiah Costco EIR. Certified 2012
12. Ukiah City Code — Medical Marijuana Dispensaries 5700-5703. Ordinance 1095
adopted 2007.
13. Ukiah Municipal Service Review, LAFCo, 2012
14. Ukiah Urban Water Management Plan, 2010
15. Ukiah City Code Zoning Regulations, Division 9, Chapter 2.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH
AMENDING CHAPTER 8 IN DIVISION 6; TABLE 3 IN SECTION 9223.1
OF ARTICLE 18, CHAPTER 2 IN DIVISION 9; AND SECTION 9254 IN
ARTICLE 19, CHAPTER 2 IN DIVISION 90F 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 criminal liability 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.
1
(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.
(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.
2
(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
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.
3
(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.
(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) "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.
(J) "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
��•
(K) "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.
4
(L) "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.
(M) "Physician"means a licensed medical doctors (M.D.) and doctors of osteopathic
medicine (D.O.) as defined in the California Business and Professions Code.
(N) "Planning Director" means the Planning Director of the City of Ukiah or the
authorized representative thereof.
(0) "Primary caregiver" shall have the same definition as set forth in California Health
and Safety Code § 11362.7, and as it may be amended.
(P) "Qualified patient" shall have the same definition as set forth California Health and
Safety Code § 11362.7, and as it may be amended.
(Q) "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.
(R) "Use Permit" shall have the same definition as set forth in City Code § 9261 and as it
may be amended.
(S) "Youth-oriented facility"means a public park, church, and licensed daycare facility.
(T) "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.
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§ 5704 TERM OF PERMITS AND RENEWALS REQUIRED.
(A) Dispensary 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) Dispensary 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 Dispensary Use Permit, the Planning Director will
consider the following non-exclusive criteria, in addition to those criteria set forth in this Chapter
at §§ s�o9(G) ana s�io:
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
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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 exemption from
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.
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§ 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 600 feet of a School, with that distance measured as the horizontal
distance in a straight line from the property line of the School to the closest property line
of the lot on which the Dispensary is to be located without regard to intervening
structures; or
(2) Within 250 feet of a Youth-oriented facility other than a School, or another
Dispensary, with that distance measured by street frontage and not radial distance; or
(3)Abutting, on any side of the parcel upon which the Dispensary is located, a
parcel occupied by a Youth-oriented facility, a School, or another Dispensary; or
(4) Within any residential zoned parcel or primary land use, or any property with
an underlying residential or mobile homes general plan land use designation.
(5) 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.
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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 §
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.
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(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
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 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.
(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 employment 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
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California lndoor Clean Air Act of 1976, Health and Safety Code § 118875 et seq and as
amended.
(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 five hundred square feet. Cultivation shall be limited to interior areas of
buildings.
(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) 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 Zoning Administrator, 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.
(4) Retail sales of inedical marijuana that violate California law or this Chapter
are expressly prohibited.
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(5) 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.
(6) 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.
(2) Signs on the premises shall not obstruct the entrance or windows.
(3) Address identification shall comply with illuminated address signs
requirements.
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(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.
(N) Trash, Litter, Graffiti.
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(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.
(U) Inspections. During normal business hours, Dispensaries permitted under this
Chapter shall provide access for administrative inspections by City officials or officers to verify
compliance with this Chapter. Any Dispensary's refusal to comply with this Section shall be
deemed a violation of this Chapter.
§ 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
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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.
(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;
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(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
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) 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.
(13) Written Project Description. A written description summarizing the proposed
Dispensary use size, number of patients, characteristics and intent;
(14) 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;
(15) 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;
(16) 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;
(17) 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;
(18) 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;
(19) Accessibility Evaluation. A written evaluation of accessibility to and within
the building, and identification of any planned accessibility improvements.
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(20)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 600 feet of the boundaries of the property on which the Dispensary Use Permit is
requested, and: (a) the property lines of any School within 600 feet of the property line of
the Dispensary for which a permit is requested, (b) the property lines of any Dispensary
within 250 feet of the primary entrance of the Dispensary for which a permit is requested,
and(c) the property lines of any youth-oriented factility or residential zone or use within
250 feet of the primary entrance of the Dispensary;
(21) Lighting Plan. A lighting plan showing existing and proposed exteriar
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.
(22) City Authorization. Written authorization for the City, its agents and
employees to seek verification of the information contained within the application;
(23) 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;
(24) 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;
(25) 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 Dispensary Use 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.
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(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).
(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,
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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
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 or 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 payment 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
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schedule the Dispensary 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.
(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 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 Dispensary Use Permit was granted is not being conducted in
compliance with the Dispensary 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.
(B) The Zoning Administrator shall place the matter of Dispensary 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
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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.
§ 5714 EFFECT OF REVOCATION.
When the Zoning Administrator shall have 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 revoking the permit.
§ 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.
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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.
§ 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.
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§ 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 iTkiah 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
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
Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is
hereby amended to read as follows:
Table 3: Allowed Uses and Permit Requirements
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Use Categories and
Specific Uses (1)
A Use Allowed by
Right
AC Use Allowed
Accessory to a
Principal Use
DUP Use Allowed with
a Dispensary Use
Permit
MIUP Use Allowed
with a Minor Use Permit
MAUP Use Allowed
with a Major Use Permit GeneralUrban Urban Center powntownCore AdditionalZoningRequirementsby
— Use Prohibited GU UC DC Code Section
.............................
Medical marijuana DUP DUP DUP Section 5703, Section 5707
dispensary
.............................
SECTION 3
Section 9254 in Article 19, Chapter 2 in Division 9 of the Ukiah City Code is hereby
amended to read as follows:
§9254 MARIJUANA CULTIVATION
B. Cultivation Of Marijuana:
.......................
2. Indoor Cultivation In Residential Zoning Districts: Except as permitted in Chapter 8 in
Division 6 of this Code, it is hereby declared to be unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any parcel within any residential
zoning district(R-1, R-2, R-3 and CN districts) in the city of LTkiah to cause or allow such parcel
to be used for the cultivation of more than twelve (12) mature and twenty four(24) immature
marijuana plants within a fully enclosed and secure structure on the parcel.
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SECTION 4.
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:
AYES:
NOES:
AB SENT:
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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