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Home My WebLink About09272017 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 27, 2017 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The Minutes of September 13, 2017 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by October 9, 2017 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Request for approval of a Dispensary Use Permit to operate a medical marijuana dispensary in an existing storefront at 1230 Airport Park Boulevard, Suite C. b. Discussion and possible recommendation to the City Council on several Ukiah Municipal Code amendments regarding cannabis related businesses. 10. COMMUNITY DEVELOPMENT AND PLANNING DIRECTORC� REPORT 11. 3❑C11 ,1 ❑�200 ,66,21 ❑56� ❑3257 12. ADJOURNMENT ADA ACCOMODATION: If you plan on attending the public hearing and need a special accommodation because of a sensory or mobility impairment/disability, or have a need for an Page 1 of 2 interpreter, please call Cathy Elawadly at the City of Ukiah at (707)463-6752 to arrange for those accommodations to be made. Page 2 of 2 CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 13, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Linda Sanders Christopher Watt Laura Christensen Mark Hilliker STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development Listed below, Respectively and Planning Director Adele Phillips, Associate Planner Ben Kageyama, Senior Civil Engineer Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second Christensen/Watt to approve the Minutes of August 23, 2017 as submitted. Motion carried by the following roll call vote: AYES: Watt, Christensen, Hilliker, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: None. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 6. APPEALPROCESS Note: For matters heard at this meeting the final date to appeal is September 25, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING Page 1 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: a. Holiday Inn Express ± Request for approval of a Major Use Permit and Major Site Development Permit to allow the construction of a 4-story Holiday Inn Express on Airport Park Boulevard. The site is located on the northern half of APN 180-110-28. File No.: 2590-UP/SDP-PC. Commissioner Watt said he wanted to refrain from voting on the project, but would like to participate in the discussion. Presenters: Craig Schlatter, Community Development and Planning Director and Adele Phillips, Planning Manager. Power Point presentation given by Adele Phillips, Associate Planner. PUBLIC HEARING OPENED: 6:38 P.M. Public Comment: Mark Tiedemann, Alan Nicholson, and Ben Kageyama. Mark Tiedemann, Project Architect, referred to the Conditions of Approval in attachment 2 of the staff report to adopt a Use Permit and Site Development Permit for the Holiday Inn Express and asked the Commission to consider modifying the following Conditions of Approval: Transportation and Traffic, Condition of Approval 2: 3A 6-foot wide sidewalk shall be constructed along the south side of the northerly driveway, from Airport Park Boulevard to the westerly parcel boundary, and shall be within a public access easement. Additionally, a 6- foot wide sidewalk shall also be construct from the northerly parcel boundary to the southerly parcel boundary, along the west side of the proposed building. A northerly sidewalk connection with crosswalk shall be made to the sidewalk at Park Falls Plaza as shown on the site plan.❑ Is of the opinion there is too much liability to require Holiday Inn Express to build a connecting crosswalk and wheelchair ramp on sRP H�i�'H��l9�SF�1�14-1�6S�DQ�/C amenable to putting in a handicap ramp on the Holiday Inn Express side with the hope the property owner of Park Falls Plaza would want to meet this so as to allow for a connecting pedestrian-friendly pathway between the two properties. Aesthetics, Condition of Approval 1: 3Prior to the issuance of a Building Permit, a Final Landscaping and Lighting Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The final Landscaping Plan shall incorporate designs derived from Low Impact Development Standards. The plan shall include, but not be limited to the following: a. A planting legend that includes the names, location, coverage area, percentage of landscape coverage area dedicated to live plantings, and percentage canopy cover of proposed vegetation shading paved areas, including required street trees (Coast redwood) in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; d. Shade area calculation for all paved areas; Page 2 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: e. A lighting plan for exterior lighting install or otherwise used on the site; and, f. The location and dimensions for the meandering sidewalk to be located adjacent to Airport Park Boulevard.❑ Is of the opinion requiring the street trees for the project to be Coast Redwood would not be feasible/practical because the size of the trunk and corresponding root system and/or other potential negative landscaping maintenance problems associated with Redwoods would essentially compromise a meandering sidewalk that is being proposed from an aesthetics perspective. Would recommend a street tree species has the same size, shape, and shade canopy as required for the Starbucks project. This would also provide for a landscaping balance with regard to street trees on Airport Park Boulevard. Aesthetics, Condition of Approval 2: 3Pursuant to the development standards of the Airport Industrial Park 3�K3� M'�I�'SP Fi(�P�-I[�NDK[�XC�FLSD�RC�i�I�`b�F1�$XJ XV1�7� 2017, review by the Design Review Board, no signs shall project above the Sl�l'b9Hl�(/�D1m61� X�f'FiQLGR1�l greater than 300 sf in sign area.❑ Preference would be to extend the Holiday Inn Express corporate (H) logo portion of the sign on the building to at least one foot above the roofline. Other Holiday Inn Express motels in other communities incorporate this design feature on their buildings. This can be accomplished in a variety of ways that are aesthetically pleasing using different treatments, such as a parapet and/or some other type of feature and cited existing signage types on the other hotels in the neighborhood as examples. PUBLIC HEARING CLOSED: 8:01 P.M. PUBLIC HEARING RE-OPENED: 7:58 P.M. Public Comment: Mark Tiedemann PUBLIC HEARING CLOSED: 8:01 P.M. 71q-I❑3�C�QC�J C❑RP P L�ME�C3�/F)M/Fi�1�PQFi❑D6SQ�DC��Id�TXMA�I F�FRQ�D�1C� subsequent modification to the above-referenced project Conditions of Approval as follows: Transportation and Traffic, Condition of Approval No. 2 Agreed not to require the applicant build something that was not on their property, but alternatively would like the applicant to at least approach the owner of Park Falls Plaza about completing the second half of the crosswalk on their property and therefore, modified the condition of approval No. 2 to state: 3A 6-foot wide sidewalk shall be constructed along the south side of the northerly driveway, from Airport Park Boulevard to the westerly parcel boundary, and shall be within a public access easement. Additionally, a 6- foot wide sidewalk shall also be construct from the northerly parcel boundary to the southerly parcel boundary, along the west side of the proposed building. � ��horlv cir�o�eiolL n�rinon+i�n ��ii4h nr�cc�eioll� choll ho m��-7o +n 4ho cirdo�ni�IL .�} D�rL C�IIc DI� chn�nir� �r� ��o�r TO rrra�crc—cv�rrc�rv-rcw-crrrrcr �u�S�rrv-vvi-r-vrr facilitate a connection with Park Falls Plaza, an ADA ramp shall be provided on the subiect property, within the northerly Public Access Easement, and in aliqnment with the westerly side of the Park Falls Plaza breezewav. Prior to issuance of buildina permit, the applicant shall qrovide Page 3 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: written evidence, and evidence of deliverv to Park Falls Plaza, of request of aqreement to complete north half of accessible connection.❑ Aesthetics, Condition of Approval No. 1 Amenable to eliminating Coast Redwood as the street tree for the project and therefore, modified the Condition of Approval No. 1 to state: 3Prior to the issuance of a Building Permit, a Final Landscaping and Lighting Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The final Landscaping Plan shall incorporate designs derived from Low Impact Development Standards. The plan shall include, but not be limited to the following: g. A planting legend that includes the names, location, coverage area, percentage of landscape coverage area dedicated to live plantings, and percentage canopy cover of proposed vegetation shading paved areas, including required street trees ed} in the setback abutting Airport Park Boulevard; h. A planting schedule for all vegetation installed on the site; i. A maintenance and watering schedule for all vegetation; j. Shade area calculation for all paved areas; k. A lighting plan for exterior lighting install or otherwise used on the site; and, The location and dimensions for the meandering sidewalk to be located adjacent to Airport Park Boulevard.❑ Aesthetics, Condition of Approval No. 2 No change. Motion/Second Christensen/Hilliker to approve the Mitigated Negative Declaration with Findings in attachment 6 for the Holiday Inn Express. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: Watt. Motion/Second Hilliker/Christensen to approve Major Use Permit and Major Site Development Permit for the Holiday Inn Express with the Findings in attachment 7 of the staff report and Conditions of Approval in attachment 2 of the staff report, as discussed and modified above. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: Watt. 10. 3/ ❑11 ,1 ❑�,5( �725C6C�( 3257 Presenter: Craig Schlatter, Community Development and Planning Director. 11. 3/ ❑1 1 ,1 ❑�2 0 0 ,66,21 ( 56�( 32 57 Presenters: Commissioners Hilliker, Christensen, and Chair Whetzel. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:43 p.m. Cathy Elawadly, Recording Secretary Page 4 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: ATTACHMENT 6 FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE HOLIDAY INN EXPRESS AIRPORT PARK BOULEVARD FILE NO.: 2590 PURSUANT TO THE REQUIREMENTS OF THE C❑/ ,) 2 51 ,❑�I 1 9,52 1 0 ( 1 7❑/ �8 ❑/ ,7❑�❑7� ❑( 4 �ZID 1. The Project will approve a Use Permit and Site Development to allow the construction of 92- unit hotel and associated site improvements �3lH�l'bFl� 2. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Mitigated Negative Declaration dated August 22, 2017, to evaluate the potential environmental impacts of the Use Permit, Site Development Pemit, and construction and operation of the Project. 3. The Initial Environmental Study examined areas of potential impacts and based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed project, as mitigated, would not have significant adverse impacts on the environment for the following reasons: A. A mitigation measure has been included to reduce any Project impacts related to light and glare to less than significant. Impacts to visual quality were determined to be less than significant or no impact. B. The Project would not have an impact on any existing or future agriculture use. There are no parcels within the City zoned Agriculture and no agricultural uses on or proximate to the Project site. C. Construction of the Project would result in an increased air polluants including fugitive dust, and PM 10. Mitigation measures designed to minize construction pollution from the Project have been applied. The Project was referred to the Mendocino County Air Quality Management District (MCAQMD). D. The Project area is not identified on the Area of High Archeological Sensitivity included in the City of Ukiah General Plan. It is highly unlikely that there are archeological resources or human remains on the parcels included in the Project. In the unlikely event that cultural resources or human remains are discovered during grading operations for the Project, mitigation measures have been included to reduce the impact to less than significant. E. The Project site is not known to be in an area with unstable or expansive soil. The Project site and surrounding area are relatively flat; therefore, there would be no impacts related to landslide. The Project has the potential to result in erosion or the loss of top soil. Mitigation measures for Air Quality and Geology and Soils have also been applied to prevent excessive soil erosion. Implementation of these mitigation measures would reduce the potential for the Project to impact top soil and result in erosion. Page 5 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: F. The Project site is not located on any list of hazardous waste disposal sites compiled pursuant to Government Code Section 65962.5. G. The Project is located within the boundaries of the B1 compatibility zone for the Ukiah Municipal Airport and found to be compatible with the requirements of the zone. H. The Project would not modify the drainage on the site which has the potential to result in erosion, siltation, and/or to increase the rate or volume of runoff. The Preliminary Standard urban Stormwater Mitigation Plan completed for the project dated August 10, 2017, concluded that with the use of Low Impact Development (LID) the site was capable of retaining stormwater on-site. I. The Project is subject to the Storm Water Low Impact Development Technical Desiqn Manual, dated August 2011, adopted by City Council on June 18, 2014, which became effective upon adoption and applies to applications submitted prior to May 3, 2017. J. The project is not located within a 100-year flood hazard area or within a 100-year flood zone as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The Project is located within Panel#1514 of 2100, dated June 2, 2011. K. The Project would develop an existing parcel by constructing a 92-room hotel. The project site is developed on 3 sides within an existing �a business park, and therefore will not divide an established community. L. No mineral resources are located within or proximate to the project area. M. Construction of the Project would result in a temporary increase in noise levels in the Project area. No residential uses are located proximate to the Project. Mitigation measures have been included to limit the hours of construction and reduce noise from construction equipment. These mitigation measures would reduce construction noise impacts to less than significant. N. The parcel has frontage and access from an existing street (Airport Park Boulevard) and utilities are available to serve the 92-room hotel. Per the applicant, the Project would result in the creation of 18-20 new jobs, and a less than significant impact to population g rowth. O. The Project would result in nominal impacts to municipal services, emergency room visits, police calls, public disturbances. The Project has been reviewed by Public Works, the Police Department, Fire Marshal, and Electric Utility. The Project would not create the need for new city facilities or services. Therefore, the Project would have a less than significant impact on municipal services. Parks: The project is providing on-site recreational amenities including a swimming pool and access to the Rail Trail. These amenities will provide residents an opportunity for outdoor activities. The impact to parks would be less than significant. Schools: Guest of the hotel will be temporary visitors to the City of Ukiah, therefore there will be no impact to local schools. P. The Project would not result in climate change or greenhouse gas impacts based highly efficient building design, the project includes a large photovoltaic system and strives to Page 6 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: be a zero energy project. The Project does not violate any plans or policies adopted to address climate change/GHG. The Project was referred to and reviewed by the MCAQMD, and MCAQMD did not identify any impacts related to climate change or GHG. Q. Reasonable and feasible mitigation measures have been identified that would eliminate or reduce significant impacts to levels of insignificance. The Initial Environmental Study examined areas of potential impacts that may result from the implementation of the Project. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed Project has the potential to have significant environmental impacts on air quality, cultural resources, geology/soils, and noise without the implementation of mitigation measures. The analysis and conclusion reached in the Initial Environmental Study identified mitigation measures that would reduce t to less than significant levels. 4. There is no substantial evidence in light of the whole record before the City of Ukiah that the Project, as mitigated, would have a significant effect on the environment. 5. The Initial Environmental Study was prepared and demonstrated there is no substantial evidence that supports a fair argument that the Project, as mitigated, would have a significant effect on the environment. 6. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, does not have the potential to degrade the quality of the local or regional environment. 7. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals. 8. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in impacts that are individually limited, but cumulative considerable. 9. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in impacts that will cause substantial adverse effects on human beings, either directly or indirectly. 10. A Notice of Intent to adopt the Mitigated Negative Declaration was made available in the following manner: 0 published in the Ukiah Daily Journal August 20, 2017; 0 posted on the Project site August 22, 2017; � posted at the Civic Center (glass case) 72 hours prior to hearing; and, 0 mailed to property owners within 300 feet of the parcels included in the Project on August 17, 2017. 10. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 11. On September 13, 2017, the Planning Commission held a public hearing to receive public comment and consider the Mitigated Negative Declaration for the Holiday Inn Express Project. Page 7 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: At the September 13, 2017, meeting, the Planning Commission voted 3-0 to approve the Mitigated Negative Declaration. Page 8 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: ATTACHMENT 7 FINDINGS TO ADOPT A USE PERMIT AND SITE DEVELOPMENT PERMIT FOR THE HOLIDAY INN EXPRESS AIRPORT PARK BOULEVARD FILE NO.: 2590 Recommendation for the Approval of the Major Use Permit and Site Development Permit: The Planning Department's recommendation for conditional approval of Major Use Permit and Site Development Permit No. 2590 to construct a 92-unit hotel Project, including associated improvements, is based in part on the following findings: 1. The proposed 92-19�RP �3 l9�'b9Fl�]I[�F�L�L1�P6(�--ICJ policies of the Ukiah General Plan because it has been designed with careful consideration with the surrounding established neighborhood. 2. The Project is consistent with the use and development standards for the Airport Industrial Park-Planned Development Light Industrial / Mixed Use, including: site use, maximum building height, design standards, and setbacks to property lines. 3. 714-IG3 F-K�L�HCQ�I�AIP H�F�-ICSXEQF�-D6�(�DI� general welfare since its development, as mitigated and conditioned, will be consistent with the requirements for construction in the City of Ukiah. 4. The granting of the Use Permit and Site Development Permit �will not cause significant adverse environmental impacts. The site does not contain any wetlands, creeks, endangered species, or habitat. 5. City services are available to serve the Project. The City has enacted mandatory water conservation measures and the residents of the Project would be required to comply with any water conservation measures in place. The Project includes drought tolerant landscaping and water conserving irrigation. The Project has been reviewed by Public Works Department, Electric Utility, Fire Marshal, and Building Official, and there are adequate services and utilities to serve the Project. 6. The proposed Project would be similar in use, and intensity, as the surrounding n e i g h b RIII�RQ_[�1�4-I�L1�[�L1M�H�RX l9�'b9F�F�'�PQ�CWaJ❑ construction and after occupancy. Conditions of approval have been applied to the Project to address construction related noise impacts. 7. The Project is subject to the requirements of the California Green Building Code Standards which includes specific requirements (materials and light fixtures) to reduce energy consumption. 8. The Project site is surrounded by existing commercial uses. The Project site is not known to contain 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 and therefore the Project would have no impact on candidate, sensitive, or special status species. Page 9 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: There are no riparian areas or riparian habitat on the subject parcels or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. Therefore, the Project would have no impact on these resources. The site is highly disturbed and contains no wetlands, marshes, vernal pools, or other water courses on the parcels included in the Project. Therefore, the Project would have no impact on these resources. No migratory path for wildlife species, no connection with any wildlife habitat, no water courses are located on the parcels included in this Project. 9. The size and height of the Project is consistent with other structures in the neighborhood and the Ukiah Airport Master Plan. The Project was reviewed by the Design Review Board who found the Project to be consistent and compatible with other development in the area, and appropriate for the individual parcel included in the Project. 10. 714-ICSl6ZS�l9�`b9FV��F�Ld-1�4-W �RC�RXV�L1PQ�PQH� existing neighborhood, including other existing hotel projects located to the north. 11. The proposed Project provides two access points on Airport Park Boulevard, deemed adequate by the Public Works and Fire Department. The Project includes pedestrian and bicycle access along the north and east sides, providing convenient vehicle and pedestrian traffic patterns. 12. Notice of the Public Hearing was provided in the following manner: � mailed to property owners within 300 feet of the parcels included in the Project on August 17, 2017; 0 published in the Ukiah Daily Journal August 20, 2017; � posted on the Project site August 22, 2017; and, • posted at the Civic Center (glass case) 72 hours prior to hearing. Page 10 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: ATTACHMENT 2 CONDITIONS OF APPROVAL AND MITIGATION MEASURES TO ADOPT A USE PERMIT AND SITE DEVELOPMENT PERMIT FOR THE HOLIDAY INN EXPRESS AIRPORT PARK BOULEVARD FILE NO.: 2590 The following Conditions of Approval shall be made a permanent part of Major Use Permit and Major Site Development Permit No. 2590, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid. Approved Project Description. The project comprises the development of a new 4-story hotel on a ±2.29 acre portion of a 4.59 acre parcel property located ±0.5 mi south of the intersection of Talmage Rd and Airport Park Boulevard, within the City of Ukiah. The site is located on the northern half of APN 180-080-28. The site is Parcel 1 (F6-A) of Minor Subdivision No. 2134, and H�AJ DI�F-I�EHI�ID In addition to the hotel building, the project comprises the development of a pool area, patio, concrete sidewalks, asphalt paved driveways, parking area designed to include stormwater drainage features, and landscaping. The hotel building will be of steel frame construction, with S�P�AR�[��C�❑��❑❑0❑�L 14-I�XDIW�J HC�I�AJ-I�ll�/F-F floor are the following: 13,247 square feet (sf); 13,129 sf; 13,129 sf; and 13,129 sf, respectively. The gross square footage of the building is 52,634 sf. Parking area will consist of 94 parking stalls, including 4 ADA-compliant parking stalls. STANDARD CONDITIONS OF APPROVAL 1. This approval is not effective until the 10-day appeal period applicable to this Use Permit and Site Development Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. 2. All Conditions of Approval and Mitigation Measures shall be printed on all sets of building permit project plans pertaining to any site preparation work or construction associated with the development of the multi-family project and ancillary site improvements approved by the Use Permit and Site Development Permit. 3. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. 4. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met. 5. Building permits shall be issued within two years after the effective date of the Use Permit or same shall be null and void. Page 11 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: 6. If any use permitted shall cease for six (6) consecutive months, then the right to any Use Permit permitting such use shall terminate and such Use Permit shall be revocable by the granting body. 7. If any condition is violated or if any required approval is not obtained, then the Use Permit granted shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise terminated and shall run with the land. 8. The approved Use Permit may be revoked through the City's revocation process if the approved project related to the permit is not being conducted in compliance with the stipulations and conditions of approval; or, if the project is not established within two (2) years of the effective date of approval; or, if the established use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. 9. Except as otherwise specifically noted, any Use Permit shall be granted only for the specific purposes stated in the action approving such Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 10. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued. AESTHETICS 2. Prior to the issuance of a Building Permit, a Final Landscaping and Lighting Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The final Landscaping Plan shall incorporate designs derived from Low Impact Development Standards. The plan shall include, but not be limited to the following: a. A planting legend that includes the names, location, coverage area, percentage of landscape coverage area dedicated to live plantings, and percentage canopy cover of proposed vegetation shading paved areas, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; d. Shade area calculation for all paved areas; e. A lighting plan for exterior lighting install or otherwise used on the site; and, f. The location and dimensions for the meandering sidewalk to be located adjacent to Airport Park Boulevard. 3. Pursuant to the development standards of the Airport Industrial Park Planned ' M'�I�'SP FiQ�PW-I[�NDK� XqFLSD�R'C�i��XJ XV1�7�C❑C�d-ML��-I❑ ' M/IJ Q�M'lL�C�1d�WD�I �P�-iCSIH�I'b�[�DlID6Ml5�D�cl�h�i(�]] cumulatively total greater than 300 sf in sign area. Mitigation Measure: AE-1. All outdoor light fixtures shall be located, aimed, and shielded so as to minimize light trespassing over property lines and avoid directing light towards motorists and Page 12 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International Dark Sky Association (IDA) approved or equivalent. Prior to issuance of building permit, the applicant shall prepare a photometric plan for review and approval by the Planning Department that demonstrates that the lighting will not spillover onto adjacent properties and that all lighting is shielded and downcast. AIR QUALITY 1. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Mitigation Measures: AQ-1. Construction activities shall be conducted with adequate dust suppression methods, including watering during grading and construction activities to limit the generation of fugitive dust or other methods required by the Mendocino County Air Quality Management District (MCAQMD). Prior to initiating soil removing activities for construction purposes, the applicant shall pre-wet affected areas with at least 0.5 gallons of water per square yard of ground area to control dust. AQ-2. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the MCAQMD. AQ- 3. During construction activities, the applicant/owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. AQ-4. Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD, depending upon fuel source and level of operation. It is the responsibility of the City and the Client to contact the MCAQMD regarding this matter and to secure any required permits prior to site preparation and construction activities. AQ-5. All activities involving site preparation, excavation, filling, and construction of the Project shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. AQ-6. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. AQ-7. All activities involving site preparation, demolition of existing structures, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. AQ-8. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers, shall be used for earth moving operations. BIOLOGICAL RESOURCES 1. Street trees shall be spaced approximately every 30 ft along Airport Park Boulevard within a landscape strip or within 5 ft of the back of sidewalk. Street trees shall be Page 13 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. CULTURALRESOURCES Mitigation Measures: CR-1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City shall be notified of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary. CR-2. If human remains are encountered during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition pursuant to PRC Section 5097.98. If the remains are to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent, who will help determine what course of action should be taken in dealing with the remains. GEOLOGY and SOILS 1. A grading permit is required (this will include obtaining a California storm water permit and Mendocino County Air Quality Management District permit for dust control). 2. Areas to be graded for building construction shall be cleared of artificial fills, vegetation, roots, and loose soil containing organic matter. Surface strippings or other soils containing organic materials cannot be used as fill except in landscape areas. 3. All grading activities on the site shall be conducted consistent with a Grading Plan for all disturbed areas which shall be submitted to the City Public Works Director/City Engineer for review and approval prior to the commencement of any grading activities. 4. Prior to the commencement of grading or other site improvement activities associated with the construction of the dwelling unit and/or accessory structures, the applicant shall prepare and submit a Mitigation Compliance Plan verifying when and how the required mitigation measures will be complied with. The applicant shall fund and/or contract with qualified professionals such as civil and geotechnical engineers and landscape architects and/or specialists to verify compliance with all mitigation measures, and to prepare field reports for submittal to the City. 5. A professional/certified engineer shall routinely inspect all grading work on the project site. Field density tests must be taken during grading in order to evaluate the adequacy RI�-ICFR��RIDJ�$11�]lIDC3QJ�RP S�tiPoIQIDQO�-I�/oil engineer has finished the observation of the work; no further excavation or filling shall be done except with the approval of and observation of the soil engineer in consultation with City Public Works Department Staff. The contractor shall be responsible to prevent erosion and water damage of the graded areas and adjoining areas during construction. Page 14 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: Mitigation Measures: GS-1. Prior to issuing building permits, a geotechnical study for the project may be conducted by a geotechnical engineer or certified engineering geologist, based on the °/�Ql C2 I I �QH[bl9�l'b9F1�[�1�4-I��1�RUbFKqFD�WSF�L��(C�i❑ subsurFace exploration, laboratory testing, and engineering analysis. Project construction shall comply with the recommendations set forth in that geotechnical report. All structural design shall conform to the City of Ukiah, or, as a minimum, to current standard building codes such as the California Building Code and roadway standards utilized by the City of Ukiah. Utilities shall be designed to provide sufficient flexibility to withstand the expected ground motion induced during an earthquake. Site work for foundations and structural procedures shall be completed in accordance with all relevant seismic regulations. All improvements will be designed and constructed to withstand any soil constraints, including expansion, liquefaction, lateral spreading, and subsidence. This proposed Mitigation Measure will address any constraints due to seismic action, including liquefaction. HAZARDS and HAZARDOUS MATERIALS 1. During construction of the project, the owner/applicant shall provide a functional sprinkler system on each floor as the construction progresses, as determined by the Fire Marshal. 2. Fire hydrants shall be provided in the two locations depicted on page C1.4 of the plans submitted and date stamped August 15, 2017. 3. At mid-point of the north entrance awning, an open, un-REVIAKF�IbIQ��DW�W K1�1�❑CC� must be maintained to accommodate emergency apparatuses. 4. Prior to Final of building permit, Red Curbs shall be painted in the locations to be determined by the Fire Marshal at time of building permit application. 5. Knox Boxes shall be located at the front entrance and on the west entrance. The west entrance Knox Box shall be in close proximity to the Check Valve / FDC connection. 6. A 3-foot wide walkway between each side and eve shall be provided around each array of solar photovoltaic (PV) panels. PV panel arrays may not run continuous for any length greater than 150 ft without provision of access. HYDROLOGY and WATER QUALITY 1. Prior to construction of site improvements, a final grading and drainage plan, and an erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for review and approval by the Department of Public Works. The plan shall include the detailed design of the proposed storm water best management practices (BMPs). ' IIDLC�.1J HdP SIHZYFP HC�]O�A�H�RP S�GFH�L1�P��1�L�[�NDK�14�vFiQ�� ❑ Water Permit and the Low Impact Development Technical Design Manual (LID Manual). A final Standard Urban Storm Water Mitigation Plan (SUSMP) shall be provided to support the design of the proposed drainage system. 2. The project engineer shall provide direct oversight and inspection during project construction, with special attention to implementation of best management practices for sediment and erosion control, and the proper grading, installation, and landscaping of the stormwater BMPs. Upon completion of the work, a report shall be submitted by the project engineer to the Department of Public Works stating that the improvements have Page 15 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: been completed in accordance with the approved plans and conditions of approval, shall function as intended, and all areas have been permanently stabilized to prevent sediment and erosion. 3. Maintenance and inspection of all post-construction best management practices (BMPs) are the responsibility of the property owner. In accordance with the LID Manual, a legally binding, signed maintenance agreement approved by the City of Ukiah is required for the proposed stormwater treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of the building permit. NOISE Mitigation Measures: NO-1. Construction hours are limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. and from 9:00 a.m. to 4 p.m. on Saturday. Construction hours are prohibited on Sunday and all holidays recognized by the City of Ukiah. Interior work that generates negligible or no noise at the property line is allowed outside of the construction hours noted above. Approval of additional construction hours may be requested in writing from the Planning and Community Development Director and Public Works Director for extenuating circumstances. The written request must be submitted a minimum of 14 days prior to the date for which the change in construction hours/days is being requested and shall explain the need for the extended construction hours, describe the extenuating circumstances, and identify the additional construction hours requested, including the duration. NO-2. Signs shall be posted at the Project site prior to commencement of construction of the proposed Project for the purpose of informing all contractors/subcontractors, their employees, agents, material haulers, and all other persons at the construction site(s) of the basic requirements of mitigation measures for Noise. NO-3. Signs shall be posted at the construction sites that include the permitted construction days and hours, day and evening contact number for the job site, and a contact number in the event of problems. NO-4. An onsite complaint and enforcement manager shall be designated for the Project and shall respond to and track complaints and questions related to noise. NO-5. Equipment and trucks used for proposed Project construction shall use the best available noise control techniques (e.g. improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically-attenuated shields or shrouds, wherever feasible). NO-6. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) used for Project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. NO-7. Stationary construction noise sources shall be located as far from sensitive receptors as possible and they shall be muffled. NO-8. 1 R[�X1�LC�1[�P SQDI�RXI�FNCI�i��d-F�EFY�P �Rd-N1ID�iF<DQ�ffH�M-iQRC�PoIC during Project construction. Page 16 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: NO-9. Exterior glazing (window and sliding glass door assemblies) on fa�ades facing Airport Park Boulevard and the airport shall have a minimum sound isolation rating of 27 Outdoor-Indoor Transmission Class, or 35 Standard Transmission Class. TRANSPORTATION and TRAFFIC 1. Prior to Final of building permit, an a Avigation Easement shall be recorded per the requirements of the Mendocino County Airport Comprehensive Land Use Master Plan, and copy of this recorded easement provided to the Community Development and Planning Department. � A 6-foot wide sidewalk shall be constructed along the south side of the northerly driveway, from Airport Park Boulevard to the westerly parcel boundary, and shall be within a public access easement. Additionally, a 6-foot wide sidewalk shall also be construct from the northerly parcel boundary to the southerly parcel boundary, along the west side of the proposed building. ^ ��"�horlv �„�o,.,,�� n�nnon4i�n ,.,,+h ,.r„��,.,�� h�� r� m�rlo � c�irJc�ei�IL �4 D�rL C�II��S c�hn�eiri nri ��T4� .,��To facilitate a �.�rruv� i..�rartrac-r-ar�-ran �rrvvrrrvrr r connection with Park Falls Plaza, an ADA ramp shall be provided on the subject propertv, within the northerly Public Access Easement, and in aliqnment with the westerly side of the Park Falls Plaza breezewav. Prior to issuance of buildinq permit, the applicant shall provide written evidence, and evidence of delivery to Park Falls Plaza, of request of aqreement to complete north half of accessible connection. 3. At the time of development, street frontage improvements shall be provided along Airport Park Boulevard, including curb, gutter, ADA compliant meandering sidewalk, and street trees in accordance with improvement plans prepared by a Registered Civil Engineer and approved by the City Engineer. The applicant shall be responsible for the relocation or replacement of utilities as necessary to accommodate the construction of street frontage improvements. Public sidewalks located outside of the street right-of-way will require a sidewalk easement dedicated to the City. 4. Any existing curb, gutter and sidewalk in disrepair adjacent to the subject property shall be repaired. Abandoned driveway approaches and curb openings shall be removed. All work shall be done in conformance with the City of Ukiah Standard Drawings 101 and 102 or as directed by the City Engineer. 5. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 6. All areas of circulation shall be paved with a minimum of 2" of AC on 6" of Base or other suitable all-weather surface approved by the City Engineer. This includes the proposed driveways and parking areas. If heavy truck traffic is anticipated from the solid waste company, delivery trucks, or other heavy vehicles, the pavement section shall be calculated appropriately to ensure that it can withstand the loading. 7. This project is subject to Airport Industrial Park Capital Improvement Fees as adopted by the Ukiah City Council. Page 17 of 18 Minutes of the Planning Commission, September 13, 2017, Continued: UTILITIES and SERVICE SYSTEMS 1. Applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the time of building permit issuance. 2. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and tested, and repaired or replaced if required. Sewer Connection fees shall be paid at the time of building permit issuance. 3. Capital Improvement fees for water service are based on the water meter size. A fee schedule for water meter sizes is available upon request. Additionally, there is a cost for City crews to construct the water main taps for the proposed water services to serve the project. 4. Irrigation services shall have approved backflow devices. 5. The parcel shall be served from underground electrical facilities in the area, and the owner/applicant is responsible in the provision of all necessary easements: a. A 10-foot Public Utility Easement (PUE) is required along all road side frontages, driveways, and any primary power that traverses across the property. The PUE shall be a surveyed deed or defined on the subdivision map recorded with the Mendocino County Recorder. b. A 10-foot Electrical Easement is required running north to south along the west side of the property, parallel to the railroad tracks, and located just to the east of the existing Public Access Easement. 6. All future site improvements shall be submitted to the Electric Utility Department for review and comment. At that time specific service requirements, service voltage, and developer costs and requirements will be determined. 7. The owner/applicant shall provide and install at no cost to the City, and in accordance with City standards and specifications: all conduits, equipment pads,junction boxes, vaults, street lights, and subsurface housing required for power distribution within the development; and, all trenching, backfill, resurfacing, equipment pads, and landscaping. 8. Prior to backfilling or pouring of concrete for equipment or subsurface equipment, facilities must be inspected by City Electric Department representatives. It is the responsibility of the owner/applicant to request inspection. Based on final inspection of the work performed and upon acceptance by the City, the applicant will transfer ownership of such facilities to the City. SPECIAL CONDITIONS 1. Prior to issuance of building permit, the applicant shall provide the Community Development and Planning Department a copy of the final recorded map of Minor Subdivision No. 2134. 2. After receipt of the final recorded map and prior to issuance of building permit, the Community Development and Planning Department will assign an address to the project site. Page 18 of 18 1 . ITEM NO. 9A 2 � .� �. Community Development and Planning Department " �. 300 Seminary Avenue � ' Ukiah, CA 95482 � � planninq(a�cityofukiah.com (707)463-6207 3 4 DATE: September 27, 2017 5 6 TO: Planning Commission 7 8 FROM: Kevin Thompson, Planning Manager 9 10 SUBJECT: Request for approval of a Dispensary Use Permit to operate a Medical Marijuana 11 Dispensary at 1230 Airport Park Boulevard, Suite C APN 180-080-77 12 File No. Munis 2841 USP 13 14 15 RECOMMENDATION 16 17 Staff recommends that the Planning Commission approve the proposed Dispensary Use Permit based on 18 the draft findings included in Attachment 1 and subject to the Draft Conditions of Approval included in 19 Attachment 2. 20 21 PROJECT DESCRIPTION 22 23 An application has been received from Laila Ekmekjian owner of Ukiah Holistics for approval of a 24 Dispensary Use Permit to allow the establishment of a Medical Marijuana Dispensary in a vacant 25 storefront at 1230 Airport Park Boulevard Suite C (2,895 sq.ft). The dispensary will serve qualified 26 medical marijuana patients only. In addition to sales of inedical marijuana, the proposal includes retail 27 sales of accessories, storage, office space, packaging areas, employee break room and bathroom. The 28 proposed hours of operation are 9:00 a.m. to 7:00 p.m., seven days a week. 29 30 SETTING 31 32 The project site is located in the Airport Park Business Park within an existing commercial/retail building. 33 Contained in the building are three storefronts, two of which are currently occupied by 1) Party Creations 34 and 2)the Sears Hometown Store. U.S. Cellular is located in an adjoining building to the west within the 35 same center. The existing center was built in 2006 and contains 40 shared parking spaces for the two 36 commercial buildings as described above. At the time of approval, the parking was deemed adequate for 37 the proposed commercial and retail uses. 38 39 The project site is surrounded by the following uses: 40 41 • North: Retail (Zoned Light Manufacturing Mixed Use) 42 • South: Vacant (Zoned Light Manufacturing Mixed Use) 43 • West: City of Ukiah Corporation Yard (Zoned Public Facilities PF) 44 • East: Retail (Zoned Light Manufacturing Mixed Use) 45 Ukiah Holistics Dispensary Dispensary Use Permit Planning Commission September 27,2017 File No.2841 1 1 BACKGROUND 2 3 The proposed dispensary will operate under the regulations contained in the -11�t�/[D F-K3FD(�D DIJ�GD� 4 Dispensaries Ordinance (1176) adopted February 15, 2017. This Ordinance authorizes the 5 establishment of Medical Marijuana Dispensaries with the approval of a Dispensary Use Permit. The 6 ordinance provides a prescriptive set of regulations and requirements under which a dispensary can 7 operate. Staff, including Police, Fire, Public Works and Planning have reviewed the application and 8 deemed it in substantial FRqF�DC,�H�L1,PcI�FAJ-I�L1�[D HaFD� Drijuana Dispensaries Ordinance. 9 STAFF ANALYSIS 10 11 General Plan and Planned Development Consistency: The General Plan Land Use designation of the 12 subject property is Master Plan Area (MPA). MPAs are intended to cover land proposed for specific plans, 13 area plans, or as planned unit developments. The role of the MPA is to permit an area within the Ukiah 14 Valley to be designated for more precise, site-specific studies prior to approving subdivisions or other 15 uses, and the MPA must be found to be consistent with the General Plan. 16 17 The purpose of the AIP-PD is to provide for a coordinated development of compatible industrial, office, 18 and commercial land uses within the AIP area. Originally approved by City Council Resolution No. 81-59 19 on March 4, 1981, the AIP-PD has been amended several times since. Most recently, Ordinance No. 20 1151, adopted by the City Council on August 20, 2014, amended the AIP-PD, supersedes all past 21 versions, and is consistent with the General Plan. The property is zoned Light Manufacturing Mixed Use, 22 which allows retail operations like this proposal. 23 24 Ukiah Airport Master Plan Consistency:The project site is located within the B1 Airport Compatibility 25 Zone. The project is consistent with the Airport Land Use Plan as follows: 26 27 1. The project site currently contains a commercial structure that has been in operation 28 for many years as retail. Low intensity retail and offices are acceptable uses in the B1 29 zone. 30 2. Per the B1 Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject 31 proposal qualifies as infill because: 32 a. substantial development already exists, 33 b. the project site is bounded by uses similar to those proposed, 34 c. the project will not extend the perimeter of the area developed with 35 incompatible uses, and 36 d. the proposed project does not otherwise increase the intensity or 37 incompatibility of use. 38 39 Medical Marijuana Dispensaries Ordinance (1176) Consistency: The project is subject to the criteria 40 contained in the Medical Marijuana Dispensaries Ordinance. Staff has summarized the critical criteria 41 found in the Medical Marijuana Dispensaries Ordinance as follows: 42 43 1. Basic application information about the applicant: the applicant has provided current and previous 44 addresses, photographs, employment and tax history. 45 46 2. Neighborhood Context Map-dLVSHQ�/D�k�/�IDIW�V�M�LVOP6IGZ�❑CmH�N�iI�-RX1�61� llkiQ� 47 ) DFLQY5CZ LIPQRXI��QG1C�J�RP P L1ME�Q�6Sl9:YDQFd�DLYI-�i�lJ�L1�PQLQZ--mI-Flu�il��fbl❑ 48 requirement, no waiver available). The applicant provided maps to demonstrate the project site 49 meets this criterion (attachment 9). 50 Ukiah Holistics Dispensary Dispensary Use Permit Planning Commission September 27,2017 File No.2841 2 1 3. Security Plan-the application provided a security plan that has been reviewed and approved by 2 the Ukiah Police Department. Citing confidentiality reasons, the applicant requests that the 3 security plan not be made public, and the Ukiah Police Department agrees with this request. 4 5 4. Plans of Operation-the applicant has provided a Business Operation Plan, Inventory Control 6 Plan, and a Patient Recordkeeping Plan (Attachments 3, 4, 5). These documents provide the 7 details of the business operation, employee training, and methods of tracking patients among 8 other things. 9 10 5. Criminal Background-a Live Scan was performed and the applicant has been cleared by the 11 Ukiah Police Department. 12 13 6. Floor Plan-a professionally drawn floor plan that meets the criteria of the ordinance has been 14 included in the application (attachment 7). The Ordinance requires a lobby waiting area, a 15 separate and secure designated area for dispensing medical marijuana, an entrance clear of 16 barriers and landscaping, and an electronic buzz-in entryway. The Ordinance allows no more 17 than 150 square feet of display area for retail items. This proposal includes 130 sq.ft of display 18 area. 19 20 7. Odor Control-the applicant is proposing a state-of-art air filtration system through the use of 21 multiple charcoal filled and ozone generators air filtration devices strategically placed throughout 22 the facility as described on pages 13-14 of the Business Plan of Operation (Attachment 4). 23 24 8. Use Permit Renewal-the Use Permit will expire one year following the date of issuance. 25 Dispensary Use Permits may be renewed by the Zoning Administrator for additional one-year 26 periods provided findings established in the Ordinance can be made. Generally, findings include 27 the number of police service calls, evidence of excessive secondary criminal activity in the 28 neighborhood, nonpayment of fees, an omission of facts on the renewal application, and 29 subsequent felony convictions. 30 31 ENVIRONMENTAL REVIEW 32 33 The proposed project is exempt from the provisions of the California Environmental Quality Act 34 (CEQA) pursuant to Section 15303 Class 3, Conversion of Small Structures, and Section 15301 Class 35 1, Existing Facilities based on the following: 36 37 • The site is developed with an existing building and parking lot, and utilities and services 38 are already available at the site. Furthermore, no expansion of the existing building 39 footprint is proposed as part of the project. 40 • The proposed project does not involve hazardous materials; 41 • The location is not environmentally sensitive and does not include any drainage courses 42 or bodies of water(such as creeks or streams); 43 44 PUBLIC NOTICE 45 46 A notice of public hearing was provided in the following manner: 47 • posted in three places on the project site on September 14, 2017; 48 • mailed to property owners within 300 feet the project site on September 14, 2017; and 49 • published in the Ukiah Daily Journal on September 17, 2017 Ukiah Holistics Dispensary Dispensary Use Permit Planning Commission September 27,2017 File No.2841 3 1 2 As of the writing of this staff report, no correspondence had been received from the public as a result of 3 the public notice. 4 5 6 DECISION TIMELINE 7 8 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The PSA 9 requires that a decision be made on the project within 60 days of the application being deemed complete. 10 This application was submitted to the Community Development and Planning Department on June 19, 11 2017 and was deemed incomplete on August 10, 2017. As such, a decision must be made on the project 12 no later than October 10, 2017. The applicant may request a onetime extension of the decision timeline. 13 14 ATTACHMENTS 15 16 1. Draft Use Permit Findings 17 2. Draft Use Permit Conditions of Approval 18 3. Medical Marijuana Dispensary Ordinance 1176 19 4. Business Operation Plan 20 5. Inventory Control Plan 21 6. Patient Recordkeeping Plan 22 7. Site and Floor Plans 23 8. Project Site Pictures and APN Map 24 9. Neighborhood context map 25 Ukiah Holistics Dispensary Dispensary Use Permit Planning Commission September 27,2017 File No.2841 4 1 ATTACHMENT1 2 3 FINDINGS 4 5 6 DRAFT USE PERMIT FINDINGS TO ALLOW 7 OPERATION OF A MEDICAL CANNABIS DISPENSARY 8 AT 1230 AIRPORT PARK BOULEVARD SUITE C, APN 180-080-77 9 FILE NO: 2841 10 11 The following findings are supported by and based on information contained in this staff report, the 12 application materials and documentation, and the public record. 13 14 1. The proposed project, as conditioned, is consistent with the goals and policies of the General 15 Plan as described in the staff report. 16 17 2. The proposed project, as conditioned, is consistent with the Medical Marijuana Dispensaries 18 Ordinance (1176) as described in the staff report. 19 20 3. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for 21 the B2 zone based on the following: 22 23 1. The project site currently contains a commercial structure that has been in operation 24 for many years as retail. Low intensity retail and offices are acceptable uses in the B1 25 zone. 26 27 2. Per the B1 Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject 28 proposal qualifies as infill because: 29 a. substantial development already exists, 30 b. the project site is bounded by uses similar to those proposed, 31 c. the project will not extend the perimeter of the area developed with 32 incompatible uses, and 33 d. the proposed project does not otherwise increase the intensity or 34 incompatibility of use. 35 36 4. The proposed project is exempt from the provisions of the California Environmental Quality Act 37 (CEQA) pursuant to Section 15303 Class 3, Conversion of Small Structures, and Section 15301 38 Class 1, Existing Facilities based on the following: 39 40 • The site is developed with an existing building and parking lot, and utilities and services are 41 already available at the site. Furthermore, no expansion of the existing building footprint is 42 proposed as part of the project. 43 • The proposed project does not involve hazardous materials; 44 • The location is not environmentally sensitive and does not include any drainage courses or 45 bodies of water(such as creeks or streams); 46 47 5. Notice of the proposed project was provided in the following manner as required by the Zoning 48 Ordinance: 49 50 A. posted in three places on the project site on September 14, 2017; Ukiah Valley Holstics Dispensary Use Permit 1230 Airport Park Blvd. File No.2841 1 1 B. mailed to property owners within 300 feet the project site on September 14, 2 2017; and 3 C. published in the Ukiah Daily Journal on September 17, 2017 4 5 6 Ukiah Valley Holstics Dispensary Use Permit 1230 Airport Park Blvd. File No.2841 2 1 ATTACHMENT 2 2 DRAFT CONDITIONS OF APPROVAL Ukiah Valley Holistics Dispensary Use Permit Conditions of Approval 1230 Airport Park Blvd. File No.2841 1 1 From the Buildin�Official 2 3 7. A building permit is required for any interior or exterior modifications to the building deemed 4 necessary for operation of the facility. 5 From Police Department 6 8. In the event of a change in ownership or management of the business,the City shall be notified 7 of the change in ownership/management.The new ownership/management shall meet with the 8 Planning Department and Police Department to review the conditions of this Dispensary Use 9 Permit.The new ownership shall indicate in writing of any modifications to the uses allowed by 10 this Dispensary Use Permit and shall identify the proposed modifications.Any proposed 11 modifications shall be reviewed by the Planning Department and Police Department. The 12 Planning Director shall determine if the proposed modifications are consistent with the 13 Dispensary Use Permit or require approval by the Planning Commission. 14 15 9. No minors are allowed on the premises. 16 17 10. The facility will be open to inspection at all times while the business is open and the Ukiah Police 18 Department will not be denied access. 19 20 11. Per Section 5708 H 9 UCC of the Medical Marijuana Dispensaries Ordinance. Upon final 21 approval of the project a prior to start of operations the police department shall be provided 22 with the names, e-mail addresses, phone number and facsimile number of an on-site 23 community relations staff person to whom one can provide notice it there are operating 24 problems associated with the dispensary. 25 26 Public Works Conditions 27 28 12. All applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the time of 29 building permit issuance. 30 31 Standard City Conditions of Approval 32 33 13. Business operations shall not commence until all permits required for the approved use, 34 including but not limited to business license,tenant improvement building permit, have been 35 applied for and issued/finaled. 36 37 14. No permit or entitlement shall be deemed effective unless and until all fees and charges 38 applicable to this application and these conditions of approval have been paid in full. 39 40 15. The property owner shall obtain and maintain any permit or approval required by law, 41 regulation, specification or ordinance of the City of Ukiah and other Local,State, or Federal Ukiah Valley Holistics Dispensary Use Permit Conditions of Approval 1230 Airport Park Blvd. File No.2841 2 1 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, 2 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building 3 Permit is approved and issued. 4 5 16. A copy of all conditions of this Dispensary Use Permit shall be provided to and be binding upon 6 any future purchaser,tenant, or other party of interest. 7 8 17. All conditions of approval that do not contain specific completion periods shall be completed 9 prior to building permit final. 10 18. This Dispensary Ukiah Valley Holistics Dispensary Use Permit Conditions of Approval 1230 Airport Park Blvd. File No.2841 3 ORDINANCE NO. 1176 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH 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 9 OF THE UKIAH 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 Ukiah 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, or the Compassionate Use Act of 1996, 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. (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 Dispensa�ies 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]". 1 (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 forthe 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 Califomia Health and Safety Code § 11362.71 et seq., the State �epartment of Health through the state's counties, is to be responsible for establishing and maintaining a voluntary medical marijuana identification card program for qualified patients and primary caregivers. (N) Health and Safety Code§ 11362.71(b) requires every county health department, or its designee, to implement a procedure to accept and process applications from those seeking to join the identification program in the manner set forth in § 11362.71 et seq. (0) This Chapter is compatible with the general objectives of the general plan, in that a Medical Marijuana Dispensary use will be conditionally permitted in commercial and industrial 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. 2 § 5701 INTERPRETATION AND APPLICABILITY. (A) This Chapter 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 Chapter 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, fire, or land use standards or permitting requirements. (C) Nothing in this Chapter 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. (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any "commercial cannabis activity," as defined in Business and Professions Code § 19300.5(j), or any commercial or non-commercial activity involving marijuana use for recreational or other non- medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. For the purpose of this Chapter, the following words and phrases shall have the following meaning: (A) "Accessory building" shall have the same meaning as set forth in City Code § 9278. (B) "Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a Dispensary. (C) "City" means the City of Ukiah. (D) "Delivery" shall have the same definition as set forth in California Business and Professions Code § 19300.5, and as it may be amended. (E) "Dispensary Use PermiY' 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. 3 (I) "On-Site" means an activity or accessory use that is related to the primary use — i.e. lawful, retail distribution of inedical marijuana — and is located on the same legal parcel as the primary use. (J) "Permittee" means the person to whom a Dispensary Use Permit is issued. (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. (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 doctor (M.D.) or a doctor of osteopathic medicine (D.O.). (N) "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code § 11362.7, and as it may be amended. (0) "Qualified patient" shall have the same definition as set forth California Health and Safety Code § 11362.7, and as it may be amended. (P)"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. (Q) "Use Permit" shall have the same definition as set forth in City Code § 9261 and as it may be amended. (R) "Youth-oriented facility" means a public park, church, museum, library, or licensed daycare facility. (S) "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. 4 (C) The grant of a Dispensary Use Permit by the City shall not create an entitlement or vested right in the permitee to any permit or license to operate any commercial, non-medical marijuana businesses or conduct any commercial, non-medical marijuana activities within the City. § 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 Zoning Administrator 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 Zoning Administrator to evaluate the renewal request in light of the criteria listed in (F) below. In acting on an application for renewal the Zoning Administrator shall follow the procedures set forth in Section 5711(B) and (C), except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. 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) Renewal applications shall be subject to duly noticed public hearings in accordance to the procedures set forth for minor use permit applications in Section 9262 of Division 9, Chapter 2, Article 20 of the City Code. (F) In determining whether to renew a Dispensary Use Permit, the Zoning Administrator will consider the following non-exclusive criteria, in addition to those criteria set forth in this Chapter at Section 5710: (1)Whether the Dispensary operated by the permittee has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Dispensary. (2) Whether there have been excessive secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. (3)Whether the Dispensary operated by the permittee has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the operating requirements and standards in this Chapter. (4) Whether the Dispensary has failed to pay fees, penalties, or taxes required by this Code or has failed to comply with the production of records or other reporting requirements of this Chapter. (5) Whether it appears that the permittee has, in its renewal application, provided a false statement of material fact or has knowingly omitted a material fact. (6) Whether the renewal applicant or one or more of its officers, employees, partners, managers or members with management responsibilities ("Managers") has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of a Dispensary operator. A conviction within the 5 meaning of this Chapter means a plea or verdict of guilty, or a conviction following a plea of nolo contendere. Nofinrithstanding 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. (G) The Zoning Administrator shall make findings of fact and either grant, grant conditionally, or deny the application for renewal of a Dispensary Use Permit. An applicant aggrieved by the Zoning Administrator'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 Zoning Administrator 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. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in Section 9266 of Division 9, Chapter 2, Article 20 of the City Code, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. 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 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. § 5707 LIMITATION ON LOCATION OF DISPENSARIES. (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. (B)A Dispensary shall be in a visible location that provides good views of the Dispensary entrance, windows and premises from a public street. 6 (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, pursuant to California Health and Safety Code § 11362.768; or (2) Within 250 feet of a Youth-oriented facility other than a School, or another Dispensary, with that distance measured by street frontage from the property line of the Youth-oriented facility to the closest property line of the lot on which the Dispensary is to be located, 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 Planning Commission or, on appeal, the City Council determines sufficient to provide an appropriate separation. (D) A waiver of the provisions in subsections (C)(2)-(5) of this Section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the Dispensary. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not have been convicted of any of the felony offenses enumerated in Health and Safety Code § 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. (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 21 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. (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. (4) The burden of proof is on the Dispensary personnel to establish compliance with this subsection (B) by clear and convincing evidence. (C) Dispensary Access. 7 (1)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. (2) Dispensary personnel shall monitor site activity, control loitering and site access. (3) Only Dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be allowed on the premises at a Dispensary. (4) 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. (5) Only a primary caregiver and qualified patient shall be a in the designated dispensing area with Dispensary personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. (6) Restrooms shall remain locked and under the control of management. (D) Dispensing Operations. (1) 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, 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 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. (E) Hours of Operation. Hours of Operation are limited to 9:00 a.m. to 9:00 p.m., seven days a week. (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 8 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 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)The cultivation area shall include a one-hourfirewall 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(I)(4). The medical marijuana cultivation area shall be in compliance with the current, adopted edition of the California Building Code as regards Natural Ventilation or Mechanical Ventilation. (d) Cultivation facilities are strongly encouraged to utilize the most water- efficient and environmentally-responsible cultivation practices available. The City reserves the right to require annual reports on cultivation facility practices, including but not limited to cultivation mediums and water use methods. (e) The cultivation use shall comply with applicable stormwater, wastewater, and Building Code requirements and any applicable State or Federal law, including the Clean Water Act, 33 U.S.C. § 1251 et seq. (2) With the approval of the Planning Commission, a Dispensary may conduct or engage in the commercial sale of specific products, goods or services in addition to the provision of inedical marijuana and other items permitted by these regulations on terms and conditions consistent with this Chapter and applicable law. (3) Up to 150 square feet of the total square footage of the Dispensary 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. 9 (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, landscapirig 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 a premise and panic alarm system monitored by a licensed operator,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 premise and panic alarm system 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. (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 Chapter. 10 (K) Patient Records. Information identifying the names of patients, their medical conditions, or the names of their primary caregivers is confidential and such disclosure is prohibited pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) and the Confidentiality of Medical Information Act (California Civil Code§56 etseq.). In orderto protect patient confidentiality,the Dispensary shall maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State, or its agent, pursuant to California Health and Safety Code§ 11362.7 et seq. Such records may be maintained on or off-site, and shall be made available for inspection by any City o�cial authorized to enforce this Chapter 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 suRounding the premises and adjacent properties during business hours. (3) The operator shall provide Dispensary 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) 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. (0) 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 othennrise compelled by court order. (P) 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. (Q) 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 11 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 Department deems necessary to administer this Chapter, and pay all annual permit fees. (R) 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. (S) Dispensaries shall comply with the parking requirements for medical office uses. (� Inspections. During normal business hours, Dispensaries permitted underthis 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 and 5708, and any other information or submissions required by this Chapter. All applications for Dispensary Use Permits shall be filed with the Planning Department, using forms provided by the City, and accompanied by the applicable filing fee and any other applicable fees or charges. It is the responsibility of the applicant to provide information required for approval of the permit. The application shall be made under penalty of perjury. (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 Sections 5709(A) and (F) 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. 12 (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 21 years of age; (5) Physical Description. ApplicanYs height, weight, color of eyes and hair; (6) Photographs. Passport quality photographs for identification purposes; (7) Employment History. All business, occupation, or employment of the applicant for the five years immediately preceding the date of the application; (8) Tax History. The Dispensary business tax history of the applicant, including whether such person, in previously operating in this or another city, county or state under license has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation in which the applicant engaged subsequent to such action of suspension or revocation; (9) Management Information. The name or names and addresses of the person or persons having the management or supervision of applicant's business; (10) Criminal Background. A background investigation verifying whether the person or person having the management or supervision of applicant's business has been 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 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 location and operating requirements in Sections 5707 and 5708; (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 enumerated in Section 5710 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 premise and panic 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 13 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. (20) Neighborhood Context Map. An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the Dispensary, 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 facility 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 exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation. All lighting shall be fully hooded and downcast, and shall not shine towards the night sky, adjacent property or any street. (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 Owner's 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)ApplicanYs 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 Department to demonstrate compliance with this Chapter including all City and State 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 Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: 14 (A) That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act of 1996, the MMRSA, and related State law, the provisions of this Chapter and the City Code, including the application submittal and operating requirements herein. (B) That the Dispensary location is not identified as having significant crime issues (e.g., based upon crime reporting statistics as maintained by the Police Department). (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 21 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 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. (H) 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 in Section 5708. 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. (I) 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. (J)That all reasonable measures have been incorporated into the plan and/or consistently taken to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, crowd control inside or outside the premises, traffic control problems, marijuana use in public, or creation of a public or private nuisance, or interference with the operation of another business. (K) 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. (L) 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. 15 (M) That the applicant has not violated any local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana. (N) 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. (0) 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. (P) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). § 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 applicant shall complete a fingerprint background check and the Police Department shall conduct an investigation of the application. In processing the application: (A) The Planning Department shall refer the application to any other City departments as necessary to complete the review of the application. (B) Following provision of complete application materials, inter-departmental review, and compliance with the California Environmental Quality Act,the Planning Department shall schedule the Dispensary Use Permit for Planning Commission review. In making a decision to grant or deny the application the Planning Commission 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 Planning Commission 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 Planning Commission decision to issue or deny a permit to be mailed to the applicant by U.S. mail. § 5712 APPEAL FROM PLANNING COMMISSION DETERMINATION. (A) An applicant aggrieved by the Planning Commission decision to issue or to deny a Dispensary Use Permit may appeal such decision to the City Council by filing an appeal. All determinations of the Planning Commission 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 City Council 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. 16 (B) The City Council 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 City Council may affirm, reverse, or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission'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, when it shall appear to the Administrator 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 conduct revocation proceedings in compliance with Section 9262(H) of this Code, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Notice of the hearing required by said Section shall be given in compliance with Section 9262(C). In addition, notice of the revocation hearing, including a description of the facts and violations relied upon in seeking revocation, shall be served on the permit holder by personal service, overnight courier or registered United States Mail, return receipt requested, not later than ten (10) day prior to the hearing. Service shall be deemed complete when received by the permit holder or forty-eight hours after deposit in the United States Mail, whichever occurs first. Notice shall be sent to the address as shown on the permit application or to an address which the permit holder has requested in writing that the City use for official communications.The address shall not be a Post Office box, but must be a physical address. (C) If any person holding a permit or acting under the authority of such permit under this Chapter is convicted of a public offense in any court for any offense that would constitute a violation of their Dispensary Use Permit or this Chapter, the Zoning Administrator may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. (D)The final decision of the Zoning Administrator to revoke a Dispensary Use Permit may be appealed to the Planning Commission. The appeal hearing shall be conducted in compliance with City Code Section 9266, except that all references therein to the City Council in an appeal of a Zoning Administrator decision shall be deemed to refer to the Planning Commission. § 5714 EFFECT OF REVOCATION. When a final decision has been made revoking any Dispensary Use Permit provided for in this Chapter, no new application for a Dispensary Use 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. 17 § 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 Dispensary Use 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 Dispensary Use Permit either directly or indirectly in violation of this Section is declared void, and the permit shall be deemed revoked. § 5716 TIME LIMIT FOR FILING APPLICATIONS UPON ANNEXATION. Any Dispensary that was legally established in Mendocino County ("County") and which is subsequently annexed into the City must apply for and obtain a Dispensary Use Permit in compliance with the provisions of this Chapter within 90 days from the date the annexation becomes effective. Continued operation of a Dispensary without a permit more than 90 days after annexation shall constitute a violation of this Chapter, unless an extension of the 90 day period is approved by the Planning Commission 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. 18 (B)A violation of this Chapter shall be subject to the enforcement and penalties specified in City Code § 5722. § 5719 REMEDIES. This Chapter shall be subject to enforcement pursuant to Division 8, Article 22 of this Code. § 5720 SEPARATE OFFENSE FOR EACH DAY. Any person who violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. § 5721 HOLD HARMLESS. As a condition of approval of any permit issued pursuant to this Chapter for medical marijuana cultivation, processing, or distribution, the permittee shall indemnify, defend and hold harmless the City of Ukiah and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by a permittee's clients or employees, adjacent or nearby 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.. § 5722 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. § 5723 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 by adding a new permit category, DUP — Use Allowed with a Dispensary Use Permit, to the heading column entitled "Use Categories and Specific Uses", by specifying that a Medical marijuana dispensary is an allowable use with a Dispensary Use Permit in the General Urban (GU), Urban Center(UC), and Downtown Core (DC) zoning districts, and replacing the reference to section 5702 in the column entitled "Additional Zoning Requirements by Code Section" with references to Section 5703 and Section 5707. 19 SECTION 3 Section 9254 in Article 19, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* **"): §9254 MARIJUANA CULTIVATION *** B. Cultivation of Marijuana: **� 2. Indoor Cultivation: 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 Ukiah 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. 3. Indoor Cultivation Of Marijuana Restricted To Qualified Patients And Primary Caregivers: 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 the city of Ukiah to cause or allow such parcel to be used for the cultivation of marijuana, unless (a) the person is a qualified patient or primary caregiver, growing the amount of marijuana per qualified patient authorized by Health and Safety Code section 11362.77(a) — (b) and (d) — (fl, not to exceed the per parcel limit in subsection B2 of this Section, or(b)the person is operating a Medical Marijuana Dispensary pursuant to a valid Dispensary Use Permit, within the C1, C2, CN, M, and PD (Commercial) zoning districts and in the GU, UC, and DC downtown zoning districts, and the space devoted to on-site cultivation at the permitted Dispensary does not exceed twenty-five percent of the total floor area, but in no case more than five hundred square feet. 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. 20 Introduced by title only on January 18, 2017, by the following roll call vote: AYES: Councilmembers Scalmanini, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on February 15, 2017, by the following roll call vote: AYES: Gouncilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None � a . Ji . Brown, Mayor ATTEST: � r f � ��:�',r�.��t' Kristine L ler, City Clerk 21 r �,n_ , � � ��, � � 1 1 �� $� � Ukiah Va11ey Holistics—Business Operations 1 � �t* x�; �� ; 1.0 Executive Summary l.l Overview Ukiah Valley Holistics, Inc. (the "Applicant") is primed to be one of the first highly anticipated regulated dispensaries inside aur home city of Ukiah. Vde are a diverse set of owners representing a cross section of experiences in and outside of the retail cannabis industry. 1.2 �bjectives Our key objectives are: � To provide safe and legal access to medical cannabis for all qualified patients regardless of their ability to pay; • To reduce the barriers and improve access ta medical cannabis and its potential benefits, including the potential to reduce health disparities in underserved and minority residents in Ukiah; and • To contribute to Ukiah's wider economic development through job creation, increased tax base, and education and outreach. To that end, the Applicant sha11 pay �� , employees a living wage and offer employer paid health benefits. � � �� 1.3�Mission � � The Applicant will provide quality cannabis-based medieines to qualified patients that have been handled with care and respect. We are dedicated to educating and raising awareness about therapeutic medical cannabis use and its ability to provide relief to those suffering fram qualifying conditions. Our dispensary will provide a variety of options for therapeutic healing and support. We will provide safe, dignified, and affordable access to medical cannabis for qualified patients in the state af California. 2.0 Organization Summary 2.1 Legal Entity The Applicant is a duly formed as Corporation (Articles of Incorporation and Bylaws Attachment D) legally compliant with the existing California Medical Marijuana Program and the Medical Cannabis Regulation and Safety Act("MCRSA"). 2.2 Startup Summary To date, The Applicant has planned far and instituted a corporate structure. Substantial effort has been expended to engage a qualified team to serve as advisors with expertise in the areas outlined � �- Ukiah Valiey Holistics—Business Operations 2 � � ,t--„,.,. �� by the City and the MCRSA including legal counsel, accounting assistance, an architect, seed to sale tracking support through TREEZ, and Vern Jay Abila, our security consultant. Lastly, we have commenced and continue to update a comprehensive business plan that addresses all areas required by Ukiah's Medical Marijuana Ordinance to fund and aperate a legally compliant, sustainable organization that can fully deliver on its mission. We will focus on: Qualified Patient Compliance Under state law qualified patients must have a serious medical condition for which a physician has recommended in writing medical cannabis as a treatment. The Applicant will require all qualified patients/caregivers to provide written proof of their verifiable doctor's recammendation along with a State issued picture ID andlor county medical cannabis ID card. No Doctors Recommendin�Patients in the Establishment In accordance with Ukiah's Medical Marijuana Ordinance 5708 (D) (4) consultations by medical professionals shall NOT be permitted at the dispensary nor as a permitted accessory use at our location. � Transparency and Oversi�ht � To ensure transparency of our operations and easy verification and documentation that we are operating within the limits set farth by the City of Ukiah in section 5708 (D) (2) and the State of California we will enforce strict oversight procedures regarding facility access, operations, and documentation of legal compliance. We utilize the TREEZ saftware and our security protocals to help ensure: • The Applicant will verify all qualified patients/caregivers state issued medical cannabis identification cards and track when they expire so as to exclude those whose credentials are invalid or have expired. • Medical cannabis will only be distributed on the dispensary site. • Except for aur security, only dispensary (patients and caregivers)will be allowed into the facility. • All qualified patients/caregivers must have a valid form of government-issued photo ID that matches their medical cannabis ID. In accordance with Ukiah's Medical Marijuana Ordinance 5708 (D) (5) a copy of all records shall be kept on site including: e The full name, address, and telephone number(s) of the awner, landlord and/or lessee of the Property. �" � ��` ' Ukiah Va11ey Holistics—Business Operations 3 � � � long-practiced and very effective method to use cannabis as medicine. Careful dosing is � important. Edibles can be used as effectively as smoking or vaporizing. We will therefore comply with a11 labeling requirements and train aur staff on how to speak with patients regarding test dosing, methods of ingestion and types of consumption available. Concentrates This line will ensure patients have a variety af consumption methods that suit each person's needs and lifestyle. Our line is designed to provide high levels of cannabinoids and THC in a readily accessible form, which provides instant relief for seriaus conditions. This line will b� produced completely organically without the use of solvents ta create pure, clean, unadulterated e�tractions. Medicinals This line is designed to conveniently access the palliative as well as curative properties nf cannabis. Each different delivery method of ingestion is targeted ta treat specific diseases; for example, capsules and tonics have the potency to provide curative treatment, while the Oral Spray and Chewing Gum are designed for unmediate palliative treatment of pain or spasticity. Topicals This line is designed to pravide topical applications o�cannabis for arthritic patients, or patients � Y' with injuries. Topicals have an analgesic and anti-inflammatory effect to reduce or eliminate pain. � � Tinctures Tinctures are not new. Tinctures are alcohol extractions of whole cannabis (usually the flawers and trim leaves). This line is designed ta make dose control easy for patients, with rapid absorption and effect. Tinctures can be flavored for better taste. 3.3 Services The Applicant places a high emphasis on education - providing ample information to help patients choase products appropriately and understand how to use them effectively and responsibly. In addition, the Applicant will strive to provide further services in the form of holistic options. All educational materials will be created and reviewed by our designated medical professional. 3.4 Services for Charity Care In order to bring patient-centered care ta underserved populations and effectively address the health disparities affecting them, The Applicant will support, as a fundamental part of its charitable mission, aggressive cammunity outreach services that overcame each of these barriers: • Providing free patient education services in a variety of formats, media, and �� Ukiah Va11ey Holistics—Business Operations 7 _ . ...�, � �� languages; • Providing free or sliding-scale products and services to indigent or low-income �� patients; • Hiring a diverse staff and training them to be comfortable with diversity and competent in minority patients' languages and cultures; and Finally, by building alliances with other health-related organizations in Ukiah, such as community health clinics, community service organizations, patient groups, affordable housing organizations, and medical providers, we can share our strengths, coordinate initiatives, and have a collective positive impact on public health for which the City of Ukiah can be proud. 'We anticipate that our compassionate care program will require further refinement, but we are committed to making our program be the model program in the country. The Applicant believes that it can and should have a critical role in the delivery of inedical marijuana healthcare in Ukiah. We also believe that we have an important fiduciary obligation to be a "gaod neighbor" and provide benefits to our cammunity as part of our healthcare mission. Therefore, we view our Community Benefits Strategy as a blueprint for how we pian to accomplish our Mission. In developing our Community Benefits Plan the foliowing are core principles that wiil guide us: • The Applicant commits to make public a Community Benefits Mission Statement, putting forth our formal commitment to provide resources to and support the � implementatian of a regular community engagement. 4 • The Applicant will support its Community Benefits Strategy at the highest level of our organization. Our senior management will be responsible for overseeing the development and implementation of the Community Benefits Strategy, including designating the programs or activities to be included in the plan, allocating the resources, and ensuring its regular evaluation. • We will ensure regular involvement of the community, including that of the representatives of the targeted underserved papulations, in the planning and implementation of the Community Benefits Strategy. • To develop our Mission Statement and Community Benefits Strategy, we will conduct a Community Health Needs Assessment; a comprehensive review of unmet health needs of the community by analyzing community input, available public health data and an inventory of existing programs. • We wiil include in aur Community Benefits Strategy the Target Populations we wish ta support, specific programs or activities that attend to the needs identified in the Community Health Needs Assessment and, measurable short and long-term goals for each program or activity. �� _ �� _ � �, �s. 4.1 Market Assessment � � ' Ukiah is the county seat and largest city in Mendocino County. With its accessible location(along the U.S. Route 101 corridor several miles south of CA 20), Ukiah serves as the city center for Mendocino County and much of neighboring Lake County. The Ukiah Valley is a center of a majar wine production industry. In 1996, Ukiah was ranked the#1 best small town ta live in California and the sixth-best place to live in the United States.The population was 16,075 at the 2010 census. We believe the Dispensary will add great benefit to the city and its residents. 5.3 Operations A. Patient Care � Orientatzon New qualified patients and caregivers can attend a new patient orientation where basic information is reviewed. It will also cover medical and safety issues: • Basic types of cannabis and their various benefits and effects; • Safe and proper use of cannabis; • Side-effects and drug interactions; and • Keeping medication away from children and preventing diversion. gr ff Patzen�Materials Each new patient wi11 have the following Patient Education Materials made available to him or her. The new Patient Materials wi11 include: • Recommendations on sensible marijuana etiquette • Patient Guidelines to Stay Safe and Healthy; • Patients' Rights • Overview/Factsheet Regarding California's Medical Cannabis Laws • Services • Guide ta Using cannabis-test dosing • Sativa vs. Indica • Understanding Edible Consumption • Applications for Cannabis aYd Cannabinoids • Ailment Specific Strains • Substance Use Prevention • References and Resources �� , �^ �y �<�.. Dispensary Access �°£� Patients and caregivers will enter the dispensary through the secure patient screening area. To proceed beyond the screening area, patients must have their medical cannabis credentials verified by security personnel. This requires in all cases two kinds of documents: • Their physician issued medical cannabis recommendation; and • A government-issued form of photo ID (other than a medical cannabis ID card) Patient Services The Dispensary wi11 be open seven days a week, and we will make sure that some group activities and essential consultative care services are available ta patients every day of the week. The services available to our patients are described above in our discussion of services. By general category they are: • An on-site library providing, in multiple languages and in both written and video formats, patient information on medical cannabis, holistic healing, legality issues, and cannabis advocacylactivism; • Complementary and alternative wellness therapies, offered for free or at discounted rates The Applicant will subsidize the fees charged by autside providers such as acupuncturists, Ralfers, chiropractors, etc.); �" � • Free classes,workshops, and support groups; - • Free counseling, patient advocacy, and care coordination/referral to other providers and organizations; and • Enabling services such as transportation, interpreters, and needslmeans-testing to qualify patients far products and services at no charge on or sliding fee scale. Feedback The Applicant will solicit continual patient feedbacl�, take specific action to mitigate any patient dissatisfaction, and follow up to measure the success of the mitigation actions undertaken. We wi11 keep a log of all patient complaints, of the response action taken, of the names of those assigned accountability for implementing and following up on the success of the mitigation, and of the ultimate outcome as measured against both management expectatians and reevaluated patient satisfaction. Mitigation will continue until management and patient satisfaction is complete and documented'. These recards will be available for the scrutiny of state, county, and municipal oversight officials at any time. A comprehensive internal perfarmance assessment will take place not less than annually and we will, among other self-assessment methods used, review these lags to ensure that our dispensary is successfully employing as its standard procedure a seif-correcting and improving operations mode. � �`�,�v�. �,�_ �� 5.3.1 Operations Manual �'y ' The Applicant has adopted and will update a comprehensive Standard Operations Manual to guide _ virtually every aspect of daily operations for each department (available for review upon request). The manual, provides an excellent basis for training and addresses a wide variety of topics, including: • Processing and Storage- how medicine will be handled, acquired, and stored safely, and by whom. • Information Technology- covers cash handling, accounting and banking procedures. • Patient Data Protectian—provides for HIPPA consistent privacy and date starage. • Dispensing Pracedures- step-by-step guidance far providing quality service and dispensing medicine to patients. • Bookkeeping and Banking- cavers cash handling, accounting and banking procedures. • Inventory Controi Plan- spells out how The Applicant will address inventory and includes protocols to insure operational consistency and proper compliance with the MCRSA. • Emergency Procedures- provides specific protocols in case of inedical, police or other emergencies to ensure rapid response involving the appropriate personnel and/or outside authorities. • Security- Patient, warker, and neighborhoad security are our highest priority. As discussed more fully in our Security Plan, we have, in partnership with our security consultant, developed a state-of the-art plan that takes advantage of the security industry's best practices and most up-to-date technology, ensuring that our dispensary �y ; facility operates at the highest level af legai compliance and security preparedness. The Applicant's Security Plan is divided into twa components: Facility Security and Clperations Seeurity. The preventive measures adopted in these components wi11 minimize our security exposure, protecting the public, our patients, and our staff. We also are confident that should there be any breach of security, our comprehensive response capabilities will ensure the incident is quickly detected, contained, and resolved at the appropriate response level. Faczlz2y Security The key to facility security is cantrolling ingress into and movement within the building a)through strict access protocols for emplayees and patients and b} through physical and electronic safeguards to protect against forced or surreptitious entry or movement. This includes: • Securing a11 doors and windows with locks and electronic alarm mechanisms; • Adequate lighting and video surveillance with third-party monitoring in and around the facility; • Round-the-clock guards monitoring the faciliiy; • Multiple redundant electronic systems to detect intrusion or unauthorized movement `", ��: �_. � �L ��' within the facility; • Keycard and access-code-controlied access points in employees-only areas; ��l • Strict enforcement of identification requirements for all incoming persons; • A secure pre-screening and reception area far incoming patients; and • Strict enforcement af eligibility documentation and verification procedures for all patients. Operatians Secur�zty � The key elements of operatianal security are: procedural security, workforce security, and inventory security: • Procedural security requires explicit and well-rehearsed protocols to deal with all types of incidents and eventualities, from suspicious behavior, loitering, or on-site consumption to fiz11-blown emergencies and premeditated security threats. Weil- laid plans,working security systems, and staff preparedness are paramount. • Workforce security includes background checks, proper training and drills, and physical and electronic safeguards for empioyee safety during transactions. • Inventory security requires a system for strict inventary tracking and control alang with facility monitoring to prevent diversion,theft, and an-site consumption. As reflected in our Security Plan, preventing rninor incidents of misconduct and responding ta them appropriately when they do occur is an important strategy to reducing the �. likelihood of major security breaches. � � � � 5.4 Location/Facility � � 5.4.1 Site Selection Our proposed dispensary facility wi11 be located in an existing building at 1230 Airport Park Blvd, Suite C, Ukiah, CA 95482 The existing facility is photographed in Attachment R. The site plan and floor plan are Attachment L floor plan and is also addressed in the Security Plan E�iibit 1 mare specifically. Property Suitability In accordance with Ukiah's Medical Marijuana Ordinance 5707 (C)(C),the Applicant demonstrates proposed location is zoned in Airport Industrial Park Planned Development(PD} and exceeds a11 required buffer zones as shown in Attachment P. Ventilation/Qdor Cantrol In accordance with Ukiah's Medical Marijuana Ordinance Section 5'708 (H)(4}the dispensary will be employ muitiple, state-of-the-art methods ta prevent the spread of odor beyond the facility walls f:. � � �,. x` � and combat offensive odors within the facility the Company will use various methods of air control. If the odar is reported coming from the facility at any time,the Company will make it a �' ; priority to find the source af the spreading odor and eliminate the cause. � Charcoal Filters The Applicant will install multiple charcoal-filled carbon filters placed strategically to filer the offensive odor created by marijuana. Certain carbon filters will be set up as scrubbers where they constantly "scrub"the air by taking in dirty air and releasing clean air. Other filter will take in dirty air, filter it and transport the air via ducts ta a specific room ta further cleanse it. Ozone Generators The Company wi11 utilize ozone generators in the facility. Ozone generatars create ozane. When ozone comes into cantact with offensive odors,the ozone virtually neutralizes the odor. Ozone generators will be placed strategically tin places where charcoal filers are not sufficient. Ozone sometimes ca11 "activated oxygen," contains three atoms of oxygen rather than two atoms we normally breathe. Ozone is the second most powerful sterilizing agent in the world and can be used to destroy bacteria, viruses and odors. Ozone occurs quite readily in nature, most often as a result of lighting strikes that occur during thunderstorms. In fact,the"fresh, clean, spring rain" sme11 that we notice after storm mnst often results from nature's creation af ozone. While oznne is very powerful, it has a very limited life-cycle. When contaminants such as odars, �a� bacteria ar viruses make contact with ozone, they are destrayed completely by oxidation. In so � ; doing, the extra atom of oxygen is consumed and there is nothing left any odor,bacteria or extra atom, only oxygen. Ozone reverts back to oxygen after it is used. Lastly, as indicated in the schematics below, we plan on installing high-pressure flexi-ducts, and a filtration system that utilizes a"virgin carbon" can filter(considered the industry standard for dispen�ary odor elimination). ��, �--,. � T��3�`�t��i�t�i' ffica rxEssrt�st�*+Q v n�-cr,ntrso�.-r�-uz�nalc '� 3{Aft aRi r SigS AS SHOK:�7E[.OlC � �.�� 5C7tI.LEID Il�ST�1�D.iRD:-4.!3IEItE TE&B.�G, 6�Wi�,30CaG6�iSic .,i. �'�`� � > 2 -�,:".n;�`` �, �. FalmckartiYed Al�Ysi�,�ljY� ' dAi�dPi�r �P$, 5T£CIFRA'LWFs � . .S?<tI Tpe3CsdelaaPalerAm11e3et1�tie�rtaibdocmiearvde..IL'aeq�e ��+�+s+�si.r��,+�+r�.arz.r�ac.dnpirsiee.enlJ.a,n�k Ca!'bon(CrasS SeCtion) � .d�ie r�B�lm1Ssydat iec iei �. � ,�T�II Tjp�3kem�wddaesard9�3a81�fca�c6airs@s��eEd.baemmmrcarat �.•� Ph'aiudtpiolLels�e8�rwe�i�nftlrLLac I1�'"'��a.aRru�nafL7.lttClml mdBSil�:. � . � affca�-icar.locscoi:sraet�nor� r�,i ��,� f� �� A�1��1a�i�7.�ad3mod P�!)e�Yd Tofrt�6-L?- :�� IgLLC � car�a i�il�iir.3Ri+pk�dar�t�7lorYdtntls `+r Lteel-1{+"�p.s�l�esldc .�,. ...�� . DIdlffIERS �_ nwrnee smy ��.7,i9;1C�IZ141�71md20sctrs . F�� : "'�"�-� ST�^�'-�"�Tg Gan-(�t�r pravidas on�of r cas,mic,tari zio...e.:�mj. : naturm's BEST odor conhol materials, � VIRGIN ACTIVATED CARBON.The � � � Gan CKV-4(carbon type}is specially �,,,,,.,,� ��..�;r rhra�_�=seAaasos:uciYia�ia� developedforthisputpose. �' Pnz�eR�G�['IPR`G.Tspsam�e ba�e-2U P.ifp��:56F.desrte . .. . �'� � ' _._—._.._------------------...--------. —_�_------ 6.0 Management and Organization 6.1 Board of Directors CEO: Laila Ekmekjian Secretary: Michael Thomas Taylor CFO: Laila Ekmekjian 6.2 Professional and Advisory Support Team. Green Wise Consulting http://gwcpro.com/ Green Wise Consulting, ("GWC") assists its clients with compliance issues and navigating the often, confusing regulatory framework. GWC is experienced in traversing the comprehensive and ever-changing governmental rules and procedures regulating the medical cannabis industry and in ensuring its client operational compliance. �r � �` Aliba Security ��`�� www.AbilaSecurity.cam � Abila Security and Investigations was founded on a simple principle: quality counts over quantity. We don't believe in simply just hiring people to put at a site with no training, knowledge, or understanding af how we expect things done. Thrive Intelligence http JI thriveintelligence.cam/ Thrive offers the ability to perform compliance auditing on the pragram to ensure all goals and required systems are functioning as required by the states licensing regulatians. 6.3 Personnel Plan 6.3.1 General Philosophy Because of its patient focused mission, the Applicant will maintain a high staff to patient ratio in order to provide a consistent level of quality service. As patient numbers increase, the Applicant will adjust staffing to maintain this capability. Emplayees that we hire will be friendly and knowledgeable adults with strong a work ethic and desire ta educate others about marijuana and marijuana products. The assistant manager will be respansible for recruiting and hiring employees wha fit within the apen dynamic and friendly �. atmosphere of the warkplace. Trustworthy associates from prior business ventures in California � will initially fill management positions. Pursuant to Ukiah's Medical Marijuana Ordinance Section 5708(J)the Applicant shall maintain current employee Records which will include; af the names of al1 volunteers and empioyees 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. Livable Vtra�e The Applicant intends to pay full time employees a living wage (at least 200% of the Federal Poverty Leve1 for a family of tivo). Fulltime employees are paid above state minimum wage and we provide employer-paid health insurance benefits. Employee Trainin� The Applicant in accordance with LTkiah's Medical Marijuana C7rdinance 5708 (L) sha11 offer training to all employees to provide and ensure safe dispensing, adequate security,theft preventian, and the maintenance of canfidential information. The Applicant wiil provide training and educational opportunities for employee development as such we intend to pramote from within the company. � � �� The Applicant has adopted a comprehensive staffing plan to guide recruitment, hiring, training and managing its employees. Highlights af the plan feature: � � � Precise definition of responsibilities • Clearly understood chains of authority • Well paid, well qualified, well trained personnel • High patient/staff ratio • Professional recruiting practices • Tharough training of new hires 6.3.2 Employee Handbook A comprehensive Employee Handbook E�ibit 5 provides information to guide employees' behavior and relationship with The Applicant. The manual, which is fizrnished to all empiayees upon being hired, addresses: • Philosophy • Attendance • Expectations 6.3.3 Organization Wiil be determined upon build out and structure employed in City and State cannabis regulations. � 6.3.4 Training � � Candidates- Approved Dispensary Employees will be hired on a three-month/90-day probationary status. During this period, they will participate in a rigarous training process, and be evaluated for suitability in a restricted access medical environment. Training will include the emplayee handbook, ather reading materials, lectures by qualified professionals, hands on training and quizzes. The program will consist af the following modules: Legal- We will create distribute a worksheet regarding the state of the law as well as include a section in our manual and SOP's addressing the law, campliance, and 1aw enforcement interaction. Safety- In addition to its focus on safety, security training will include acceptable currency identification and counterfeit detection, warning signs of possible diversion to the illegal market, lock and alarm procedures, perimeter and entrance control, robbery response techniques, conflict resolution techniques and diversion detection techniques. 6.3.5 Personnel The Applicant plans to employ adequate staff to run and manage The Appiicant. Individual job descriptions have been developed for each position in The Applicant's organizatian. The purpose is to ensure that a11 personnel are clear about their role and responsibilities, and understand how �� ,.,. �r_, their position contributes to the safe, efficient nperatian of The Applicant. f�' Consistent with the City's medical cannabis regulation (Section 5748(G)(3)) the Dispensary shall � ' be staffed with at least one (1) person during hours of aperation whom shall not responsible for dispensing medical marijuana. Management positions include the following: • General Manager • Community Relations • Security Manager • Inventory Control Manager Community Relations The Applicant shall designate Michael Taylor as the Community Relations Liaison (hereinafter, the "Liaison"). As the Community Relations Liaison, he sha11 meet the following requirements and take an the following responsibilities: • The Liaison is at least twenty-one (21)years of age; • Have their name and contact information provided as the Liaison's to the Chief and Police; • Shall receive a11 complaints received by the Chief of Police or Ciiy staff inember regarding the Medical Marijuana Dispensary, and make good faith attempts to promptly resolve all _ complaints within a timely and respectable manner; � ; • Hav�their name and contact information made publicly available; �`" • Respond by phone or email in a timely manner of being contacted by a city official or Chief of Police concerning the Medical Marijuana Business; and • Have their name and contact information conspicuously posted on the main entry doors to the dispensary. PROHIBITED ACTTVITIES Hours of Operation In accordance with Ukiah's Medical Marijuana Ordinance Sectian 5708(E) the Dispensary shall be open to ar provide Medical Marijuana to qualified patients or employees between the hours of nine{9)pm and nine (9) am. Minors ABSOLUTELY NO person under the age of eighteen(18} shall be allowed on the Property, unless that minor is a Qualified Patient and is accompanied by his ar her licensed Attending Physician, parent{s) or documented legal guardian �� r' �� Aicohol Use �`�" ABSOLUTELY N4 Medical Mariju�na Dispensary, Management Emplayee or emplayee shall _ cause or permit the sale, dispensing, or cansumption of alcoholic beverages on the Property or in the parking area of the property Onsite Use Medical Marijuana may NOT be inhaled, smoked, eaten, ingested, ar otherwise consumed on the Property, or in the parking areas of the Property or in those areas restricted under the provisions of Health and Safety Code §11362.79. Drive Thrau�h Lane The Dispensary shall N�T offer a drive through lane or drive up window and no Medical Marijuana shall be dispensed from a drive though lane or drive up window. No Onsite Consumption & Anti Loiterin� ABSOLUTELY NO rnarijuana may be smoked, eaten, or otherwise consurned ar ingested within or immediately around the premises including the parking lot or other surrounding areas within 200 feet. No Visibility of Operations from the Street A- All starage, display and sales of marijuana shall occur only within an enclosed area of a The � Applicant and shall NOT be visible from the e�erior of the business. No Doctors Recommendin�Patients in the Establishment In accordance with Ukiah's Medical Marijuana Ordinance 5708 (D) (4) consultations by medical prafessionals sha11 NOT be permitted at The Applicant nor as a permitted accessory use at aur location. SECURITY In accordance with Ukiah's Medical Marijuana Ordinance 5708 (H)(5} The Appiicant shall take measures to deter access,prevent theft, and stop diversion: • The Applicant shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing medical cannabis or medical cannabis products. • Prevention of theft of inedical cannabis or medical cannabis products. • Prevention of individuals from remaining on the premises if they are not engaging in activity expressly related to the operations of the business. • Establishing limited access areas accessible only to autharized personnei. �" � &��,r €� � s� • Storing a11 finished medical cannabis and medical cannabis products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion,theft, and loss, except �£� for limited amounts of cannabis used for display purposes, •samples, or immediate sale Di�ital Video Surveillance • The Applicant shall install and maintain a fully operational digital video surveillance and camera recording system. • The DAV system shall monitor no less than; o The front and rear of the Property; a All points of ingress and egress at the business; o All points of sale within the business; o All areas within the business where medical marijuana products are displayed for sale; and o all limited access areas within the facility. The video and surveillance system sha11, at a minimum: • Capture a full view of the public right-of-ways and any parking lot under the control of the medical marijuana business; • Be of adequate quality, color rendition and resolutian to allow the ready identification of any individual committing a crime anywhere on or adjacent to the exterior of the property; • Record and maintain video for a minimum of ninety {90) days; �� , • Be held in confidence by all employees and for legitimate law enforcement activity to ` resolve criminal activity; • Be capable of recarding all monitored areas in any lighting conditians; • Be continuously recorded 24 hours a day and all interior cameras views shall be recorded during all haurs that the facility is open for business; and • Be housed in a designated, locked, and secured room or other enclosure with access limited to authorized employees. Management and the Owner will be responsible for ensuring that all video ar surveillance equipment is properly functioning and maintained. In addition, we will keep a current list of all authorized employees and service personnel wha have access to the surveillance system andJor room on the licensed premises. Si na e The Applicant's signage shall comply with both LTkiah's Medical Marijuana Ordinance 5708 (I) (1-4) and the requirement of zoning for Airport Park Planned Park Planned Development. As such a sign sha11 be pasted in a canspicuous place near each monitored location on the interior or exterior of the premises which shall be not less than twelve (12) inches wide and twelve (12} inches lang, compased of letters not less than one (1} inch in height, stating "All Activities Monitored by�ideo Camera" or "These Premises are Being Digitally Recorded." A notice sha11 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 STRICTLY prohibited. The notice shall be pasted in both English and Spanish. Signs on the premises shall not obstruct the ��' entrance orwindows. � Business identification signage shall be limited to that needed far identification only, consisting of a single window sign or wail sign that sha11 campiy with City Code § 3227 and any other City Code pravisions regulating signage. In addition, address identification shall comply with illuminated address signs requirements. Safe The Applicant shall install and use a safe for storage of any processed marijuana and cash on the property when the business is closed to the public. The safe sha11 be incorporated into the building structure or securely attached thereto. Far medical marijuana infused products that must be kept refrigerated or frozen,the business shall lock the refrigerated container or freezer in place of using a safe so long as the container is affixed to the buiiding structure. Alarms The Applicant shall install and use a fire and burgiax alarm system that is monitored our Security Agency that will be staffed twenty-four hours (24) a day, seven(?} days a week. The Security Plan submitted to the City shall identify the company monitoring the alarm, including: ��`" �; o Contact information �., o The City shall be updated within seventy-two (72)hours of any change of monitoring company. 7.0 Delivery TRANSPUI2TATION A,1�1D DELI�ERY In accordance with Ukiah's Medical Marijuana Ordinance 5717 the Applicant shali offer home delivery services to qualified patients. We believe our delivery procedures shall meet and exceed those required by the City. All medical marijuana-infused products are hand packaged, sealed and labeled, and the praducts stored in closed containers. Each container used to transport or deliver medical marijuana is labeled with the amount of inedical marijuana or medical marijuana-infused products, or the number and size of the plants, in the container. Employees and management shall inspect each container prior to deliver to ensure that the label includes the name and address of The Applicant and the name and address of the medical marijuana business or individual that the medical marijuana is being transparted to. The label sha11 be shown to any law enforcement officer who requests to see the label. Marijuana items delivered to an individual's residence must: � �..n., �„_.. (a) Comply with all packaging and labeling regulations established by this Chapter or the �'" ' State of California; and (b) Be placed in a larger delivery receptacle that has a label that reads: "Contains marijuana: Signature of person 18 years of age or older required for delivery." When driving all marijuana items must be kept in a lock-box securely affixed inside the delivery vehicle. Management shail provide employees with a manifest for each delivery or series of deliveries. Employees will be instructed that they may NOT make any unnecessary stops between deliveries or deviate substantially from the manifest route. Driver Requirements All employees transporting medical rnarijuana items must have a valid California Driver's License and shall use a vehicle for transport that is: f Insured at or above the legal requirement in California • Capable of securing (locking)the medical marijuana during transportation • Capable of being temperature controlled if perishable medical marijuana is being transported. DELIVERY RESTRICTIONS!REQUIREMENTS � A11 employees sha11 deliver medical marijuana only to a residence of a qualified patient or ��; caregiver living within the 1urisdictional limits of the City. �»�_; �' , Delivery Procedures Employees and management sha11 insure that a11 orders contain the following: • The individual requestor's name, date of birth,the date delivery is requested and the address of the residence where the individual would like the items delivered; * A document that describes the marijuana proposed for delivery and the amounts; and • A written statement that the marijuana is far medical use only and not for the purpose of resale. At the time of delivery, emplayees must check the identificatian of the individual to whom delivery is being made in order to determine: • That it is the same individual who submitted the bona fide order; and • That the individual is eighteen(18)years of age or older. Once an employee has verified all the infarmation above they wi11 ask the individual to sign The Applicant's documentation indicating the medical marijuana products were received. � �__ �� ,. � Delivery Restrictions F"y' Employees shall NOT deliver medical marijuana to a qualified patient who: � • is visibly intoxicated at the time of delivery; • ar who cannot provide a valid medical marijuana recommendatian from a licensed medical doctor authorized by State law to issue recommendations; • or to an individual who fails to provide a valid government issued identification verifying that the person is eighteen (18)years af age or older. Management will ensure that no deliveries are made more than once per day to the same physical address or to the same individual. Home delivery ar transportation services from outside the City of Ukiah city limits, or from a persan or entity whom does not have a valid Medical Marijuana Business License issued by the City of Ukiah are strictly prohibited. A bana fide order must be received from the individual requesting delivery, befare 8:00 p.m. on the day the delivery is requested. Deliveries must be made before 9:00 p.m. local time and may nat be made between the haurs of 9:00 p.m. and 9:00 a.m. local time. Documentation Requirements Employees and management must document the following for every order: � • The order and the date and time it was received by the retailer; ��- • The date and time the medical marijuana items were delivered; • A description of the medical marijuana that was delivered, including the weight or volume and price paid by the consumer; � Who delivered the medical marijuana items; • The name of the individual to whom the delivery was made and the delivery address; and • A dispensary is required ta maintain the name of an individual to whom a delivery was made for eighteen(18)months from the date of delivery, Track and Trace—INVENTORY CONTROL The Applicant sha11 at all times maintain an electronic point of sale inventory tracking and sales software system that provides for the creation of the transportation manifests required by the MCRSA and the real-time location tracking of the employee providing the delivery. Our Inventory Control Plan has detailed palicies and pracedures. �,. _ � � � � . 1. Ukiah Valley Nolistics �J�y Status is provided based on the original information provided for formation. Status does not account for the client needing to make changes to its leadership,which I understand from Pamela may be necessary to comply with local regulations. •Articles of Incorporation: draft provided 3/31;was filed with SOS •Bylaws: draft provided 4/17 •Minutes of First Board Meeting: draft provided 4/19 and 4/26 •Shareholder agreement: draft provided 4/26 •Stock Gertificate: draft provided 4/19 and 4/26 • Notice filed under 25102(f}: i provided instructions on 4/19. Draft provided 4126. I did not do the actual filing myseif so I can't comment on the status. • E(N: I did not apply far an EIN for this c(ient •Se(I�r`s permit: I did not apply for a seller's permit far this c(ienf; status unknown •Statement of Information: draft provided 4/26 � � �. , �-� �� '� � ��r I�;IA�� ALLE� �� LLI TI U V 0 S CS ��TV�l`�TTC�R� CC�1'�TTR�1L PLAN rr �w � Ukiah Valley Holistics—Inventory Control t„w �., � �' IN�ENTORY CONTROL PLAN � � This is the written Inventory Controi Plan far Ukiah Valley Halistics ("QVe", "Us", "Our", "Applicant"). This plan addresses and meets the application requirements of the City of Ukiah and the state of California's Medical Cannabis Regulation and Safety Act("MCRSA"). � INTRODUCTION The tracking and control of inventory is essential to all aspects of our medical cannabis dispensary operation, from keeping our products and facility secure ta fulfilling our compassianate mission. While preventing opportunities for diversion, we seek to provide a steady supply of high-quality cannabis to meet the medical needs of our patients. The goal of inventory control is to create a wholly transparent process so that at any time the condition and quantity of every product, regardless of its production stage, is dacumented. This will allow us to maintain exceptional quality while avoiding over- or under inventory while simultaneously enabling our team to prevent or promptly recognize any misallocation or theft. The goals of our inventory policies and procedures are: • ensuring product integrity for our patients, • preventing internal or external product diversion, • complying with local jurisdiction and state regulations, and • tracking key statistics related to our patients,praducts, and business. '` There are four components to th�Applicant's comprehensive inventory control regiment: �, , • well-trained and well-supervised staff; • state-of-the-art electronic inventory tracking; • information security; and rigorous operational protacois of management, aversight, and accountability. Relevant to inventory cantrol is of course the averali security of our facility and operations In accordance with tTkiah's Medical Marijuana Ordinance Section 5708(G}(3} The Applicant shall a11ow far up to 150 square feet of the total square footage of the dispensary allocated for the 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 purchased for by qualified patients or primary caregivers and only in accordance with Health and Safeiy Code section 11364.5 and as amended. The details of our security systems regarding the facility and its operations are further detailed in the Security Plan which is incorporated by reference herein rather than being repeated. We will note specifically that a11 packaged medical cannabis that is not under direct supervision will always be secured in a safe or vault. In compliance with Section 5708(H){2),the Applicant sha11 have a "suitable" locked starage an the premises identified where storage of all medical marijuana shall be during non-business hours. Furthermore, medical cannabis and medical cannabis products shall only be accessible by a staff persan and in accordance with a11 security protocols. This practice � ensures that there are no security gaps between the campanents of aur inventory cantroi system. � 2 Ukiah Valley Holistics—Inventory Control - � ` � � "' Below is a discussion of the faur components of our Inventory Contral Plan. �- � � Testing In accordance with the MCRSA test batch samples of inedical cannabis and medical cannabis products sold by the Applicant shall be analyzed and tested by a permitted independent laboratory to ensure the medicine is free of harmful pesticides and other contaminants regulated under lacal, state (Department of Faod and Agriculture} and/or federal law. All products sha11 be tested prior to sale. In campliance with the MCRSA it shall be the distributors responsibility for quality assurance and third party testing; however, we intend on verifying testing was undertaken and test results are provided. Whenever possible it is the intention of the Applicant to source organically grow, local medical marijuana and medical marijuana products. The Appiicant shall not obtain or possess more dried marijuana or plants per qualified patient or caregiver than permitted in strict accardance with California Health and Safety Code § 11362.77 and any other applicable State law,and as amended. PERSONNEL-ROLES AND RESPONSIBILITIES A. Inventory Control Agent The Applicant will designate an Inventary Cantrol Agent ("Inventory Control Agent"}to be the �� _ ; dispensary employee responsible for inventory tracking and contral. The Inventory Contral Agent v will have operational aversight over and responsibility for the Applicant's inventory control system. The Inventory Control Agent is responsible far ensuring that this Inventory Control Plan is implemented and operates as intended. The Agent also bears responsibility for ensuring that the electronic tracking system is operating properly,that daily opening and closing inventories are performed as required, and that manual inventory results tally with electranic records. Further, they are responsible for performing a full audit af the inventary and inventory records at least ance every thirty (30} days and whenever discrepancies are detected. Pursuant to MC12SA if reductian of inventory is suspected due to criminal activity of a dispensary employee,the dispensary sha11 report the employee to the City and to local law enforcement. B. General Staff Ali staff involved in the handling of inedical cannabis,medical cannabis products and devices will be trained in the praper inventory control techniques that go with their jobs, and in the use of our electronic tracking system. Because of the importance of inventory tracking to our operations, we also anticipate that other management level positions will be involved in inventary tracking: the IT manager or similar title will be responsible for the security and functioning of the data management system and the security manager will be respansibie far the initiation of security reviews when inventories do not tally. Of course, a11 aspects of the sale of inedical cannabis, including the inventory processes, occur under video surveiilance, ensuring employee accountability even if there is a temporary disruptian � ` . of the inventory tracking process described in this document. ��.� 3 Ukiah Valley Holistics—lnventory Control �r- �,.�� `� Under Section 5708(D)(4)the Applicant shall strictly prahibit on-site to evaluations and all patients ��"� must provide their patient recommendation and ID verification INVENTCIRY CONTROL SYSTEM- CAPABILITIES The foundation of our inventory tracking system is the state-of-the art TREEZ saftware application. (See, Letter of Intent Attachment N). This system has extremely flexible inventory capabilities perfectly suited to the camplex challenges we face in high-security inventory tracking. A general overview of how our inventory tracking system will operate is sketched in this section. Real-time information about the storage, sale,return, and disposal of inventary is entered into this system, creating a comprehensive data management system that documents every aspect of our operation: • allowing the dispensary to knaw what strains and quantities are or soon will be available, • creating timely alerts on low inventory, and It will also keep track of; • recalled and returned medical cannabis, • medical cannabis designated for disposal, • immature plants designated for dispasal, and ` • medical cannabis already disposed of. � ��. �A,-- At any given time,we will be abie to access infarmation an: • the products in transit, • current inventory levels at aur dispensary, = the amount of inedicinal cannabis sold, and • what strains and quantities are currentiy in the possession of registered patients. To sumznarize, at any time the Applicant can generate an accurate snapshat of current medical cannabis and holdings, and the number and kind of products ready for sale. Reai-time up-dates about the acquisition, sale, delivery, return, and dispasal of inventory are entered into this system, praviding comprehensive data management documenting every aspect of our operatian. Inventarv Records—TREEZ The Applicant shall utilize point of sale software to track inventory and sales. The point of sale software shali be,upon regulatory implementation of the MCRSA, campliant with the State Unique Identifier and Track and Trace Program(Business and Professions Code 19335 (a)). The Applicant shall keep a cflmplete set of books of account, invoices, capies of orders and sales, shipping instructions,bills of lading, weigh bilis, bank statements including cancelled checks and deposit slips and all other records necessary to show fully the business transactions. � 4 Ukiah Valley Holistics—Inventory Control �r �yY Receipts shall be maintained via a computer program or by pre-numbered receipts and used for each sale. The records of the business shall clearly track medical marijuana praduct inventary �`'�` purchased and/ar grawn and sales and disposal thereof to clearly track revenue from sales af any � medical marijuana from other paraphemalia{devices) or services offered by the Dispensary. An inventory record documenting the dates and amounts of Medical Marijuana sold at the Property, and the daily amounts of Medical Marijuana stared at the properiy. The records shall clearly show the source, amount,price and dates of all marijuana received or purchased, and the amount,price, dates and business, patient or caregiver far all medical marijuana sold. In compliance with Section 5708(D)(5) all patient records shall be maintained and verified as needed (at least annually). The records shall include at minimum the qualifying patient's medical doctor or dactor of osteopathy unless the patient has pravided a California Medical Marijuana Identification Card or a Patient ID Center ldentification Card. Ail records kept and maintained by the Applicant shall at all times protect the canfidential information of the patient or caregiver. All records must be identified as co�dential and any disclosure sha11 be limited in a manner that maintains the confidentiality of the information contained therein. INFORMATICIN SECUR.ITY We will limit access to this network by using unique user passwords and by restricting IP addresses and MAC addresses to specific computers. The use af third party emaii, web, and data servers will be avoided. We will pravide training on user procedures. Our inventary recordkeeping and software system will be managed by our IT Directar. A11 data.and information will be secured and � ' encrypted and backed up autamatically every night,not aniy to a private server an site,but also to a �`�w�•v ` secure, off-site server lacation,thus safeguarding our data against disaster. For data backup,we will be using site to site with storage to RAIDS protected NAIS. (?PERATIONAL PROCEDURES A. General Inventory Guidelines Appropriate managers will be respansible for performing inventary, upon delivery, af a11 newly- acquired non-medical cannabis materials i.e. dispensary supplies. They will provide their written inventory results ta our accountants far reconciliation with Purchase Orders. Inventory of inedical cannabis will be precise, down to .Sg of a gram far some purposes. VJe will use precisian scales that are calibrated daily. All weights must fall within specific tolerance ranges to ensure there is no inventory shrinkage: . • one gram must weight 1.03 grams+/- .02 grams • each 1/8 oz. must weigh 3.55 grams+/- 0.2 grams � • each oz. must weigh 2$.55 grams+/- 0.2 grams The inventory iracking system creates an alert if weights fall outside of specified tolerance ranges. �fi � 5 Ukiah Valley Holistics—Inventory Cantrol � �� Any discrepancies between actual and recorded inventory will trigger an audit of inventory holdings and inventory records by the Inventory Control Agent sufficient to identify the problem. s'" Confirmed inventory shrinkage wi11 trigger a review of security and surveillance data and the � implementation of appropriate corrective measures. Law enforcement authorities will be notified imrnediately if the Inventory Control Agent ascertains that there has indeed been lass,theft, impraper diversion, or any other criminal activiiy. The records of a11 inventories will show: • the time and date af the inventory, • the inventory results, • the names and registry identificatian numbers af the employees performing the inventary, and • their signatures. The electranic record will be maintained in our database for at least ane (1)year. A hard-copy printaut of the inventory results will be signed by the employee(s)who have performed the inventory and kept on file (as a paper hard copy or in scanned facsimile) also for at least ane (1) years. Pursuant to Section 5'708(D)(5)infarmation regarding the Applications prior year's operations shall be accessible and available ta the City andlor law enforcement upon request. The Applicant understands and agrees that they shall be required to adjust operatians to address and cure any issues discovered by law enforcement antUor the City upon inspection. B. Tracking and Recardkeeping af Daily Operations �., Daily operations are defined by critical transitions: opening for business, acquiring, selling, delivering, or dispc�sing of inventory, closing far the day, etc. The inventory tracking system will be designed to enable us to document inventory status/flaw for each critical transitian event: • beginning inventary • acquisitions • sales • disbursements • deliveries • returns • disposals and • closing inventory At each step,those involved in handling the inventory must identify themselves to the system with a secure authenticatian procedure (e.g., a unique employee password or electronically-readable ID), The type of transitian event will be indicated and the inventory is identified by electronic reading of its tracking number. The system autamatically aggregates inventory by the types of transitians through which it passes(all sales, all deliveries, etc.) and by time of day (e.g.,the disposition of any and every product at 3:OOpm: being in transit, soid, etc.). Where applicable (e.g., whenever loose inventory is being handled}, authorized personnel will determine the weight of the product, entering it into the system. In this way, the flow of inventory through aur facility is fully documented in ��r = rea1 time. � r... � Ukiah Valley Holistics—Inventory Control � �� We anticipate that all our data eventually will be generated by electronic reading including weight. This will be done with saftware that interfaces with digital scales. Furthermare,we aim to make our tracking system self-monitoring so that discrepant, invalid, or missing data would generate an �� w automatic alert. � � C. Opening and Closing Inventories A comprehensive inventory of all medical cannabis, medical cannabis products and devices will be accounted for twice daily: before commencement and after close of daily operations. All medical cannabis and items containing cannabis are counted, weighed, ar both. These inventory results will be submitted to the Inventary Control Agent for reconciliation with the inventory data generated the previous evening ar in the aperations af the day after being closed aut. Any discrepancies wi11 trigger an inventary auclit by the Inventory Cantrol Agent and, if confirmed, a review of electronic security and surveillance data. Law enforcement authorities will be notified immediately if the Inventory Cantrol Agent ascertains that there has indeed been loss,theft, improper diversion, or any other criminal activity. D. Mandated Monthly Inventories At intervals not exceeding thirty (30) days,the Inventary Control Agent wiil conduct and document an audit of the inventory that is accounted for accarding to generally accepted accounting principles. Any unexplained shrinkage will be documented and trigger a review af electronic security and surveillance data. When the Applicant determines where the shrinkage occurred, �Y appropriate corrective measures will be implemented. Law enforcement autharities will be notified �M_ ' immediately if the Inventory Control Agent ascertains that there has indeed been loss, theft, improper diversion, or any other criminal activity. E. External Acquisition of Medical Cannabis To begin start up and as needed thereafter we will acquire cannabis from a licensed(under the Medical Marijuana Program(Prop 215, SB 420 and the 20Q8 Attorney Guidelines) or the 1VICRSA) cultivation andlor manufacturing operation. V�henever possible, it is the Applicant's desired intention to source organically, locally grawn marijuana. In time with the full implementation of the MCRSA the Company will transition to exclusively obtaining our medical cannabis and medical cannabis products from licensed cultivator(s) and manufacturer(s)via a licensed Transporter and Distributor. 1. Acquiring from Authorized Cultivatars and Manufacturers. When acquiring medical cannabis from another cultivator, manufacturer via authorized Distributor and Transporter(once MCRSA is fu11y implemented)we will require all tracking informatian for the medication including: testing results,the strain,batch number,birth date,harvest date (where applicable), cultivation history, list af all chemical agents ar additives used on it, quality control data, and any other relevant information. We will nat accept cannabis if the source provider is unable to verify that the cannabis meets that local and state standards as well as our own regarding <t quality. _. 7 Ukiah Valley Holistics—Inventory Control �r �� , When we assign the received medical cannabis and cannabis products our own control numbers, this number will cross-reference the source provider's unique registry identification number and be �'�v permanently linked to all the information we abtained abaut the cannabis from the source . dispensary, along with other legally required informatian. The record then includes: • the amount acquired, its strain, and any ather descriptive infarmation; • mandatory testing results; • its original batch and tracking number; • the name and registry identification number of the staff providing the medical cannabis; • the name and registry identification number of the dispensary staff receiving the medical cannabis on behalf of our dispensary; and • the date af acquisition. Labeling Before medical cannabis or medical ca.nnabis products intended for external distribution can be dispensed, labeling will be updated to include specific information about the transaction, as required by the MCRSA and the California Depariment of Public Health(and their forth coming regulatian}: When the dispensary provides medical ca.nnabis or medical cannabis products to a qualifying patient or a designated caregiver the label records: _, • the dispensary's inforrnation, ��" • the amount, strain, cantrol and batch number of inedical cannabis, - • the following statement: CALIFORNIA BUREAU OF CONSUMER AFFAIRS' WARNING: Cannabis use can be addictive and can impair an individual's ability to drive a mother vehicle or operate heavy rnachinery.Cannabis smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP CANNABIS OUT OF REACH OF CHILDREN AND ANY UNAUTHORIZED INDIVIDUAL • who the medical cannabis was cultivated and/or manufactured by, • the date of manufacture or harvest, and date of sale, � a list of all chemical additives, including nonorganic pesticides,herbicides, and fertilizers, used in the cultivation and production of the medical cannabis, and • the registry identification number of the qualifying patient. • When the medical cannabis is provided as part of an edible food praduct,the label records the total weight of the edible food product, in addition to the information indicated above for labeling when medical cannabis is dispensed to a qualifying patient or a designated caregiver. �t. £ � . 8 Ukiah Valley Holistics—Inventory Control �, �,r, �,; F. Dispensing to Patients �_` ' Providing il�edical Cannabis to Patients or Caregivers In accardance with Ukiah's Medical Marijuana Ordinance Section 5708(D} (2) befare medical cannabis is dispensed to a designated caregiver or qualifying patient, a dispensary employee will verify the patient's credenfiials: A: Currently valid physician's recommendation in compliance with the criteria set forth in California Heaith and Safety Code § 11362.5 et seq. and valid off cial 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 along with proper state issued identification. Pursuant to Section 5708(D)(3) qualified patients or caregivers without a Califarnia Medical Marijuana Identificatian Card or a Patient ID Center ldentification Card,the Dispensary staff prior to dispensing medical marijuana shail obtain verbal, online, or signed verification from the recomrnending physician's office persannel that the individual requesting medical marijuana is a qualified patient. After making these required determinations,but before dispensing cannabis or medical cannabis products to a qualifying patient or designated caregiver on a registered qualifying patient's behalf, ��`" the dispensary staff will enter the following information into the verification system: � • how much cannabis is being dispensed to the regist�red qualifying patient; • whether it was dispensed directly to the registered qualifying patient ar to the registered qualifying patient's registered designated caregiver; • the date and time the cannabis was dispensed; and • the medical cannabis dispensary staff who dispensed the cannabis nr cannabis product. The dispensary staff will enter the same information into our own inventory tracking database along with the control numbers of the products purchased. G. Medical Cannabis-Infused Products 1. Acquiring Infused Products from Authorized Manufacturers Before acquiring infused products from authorized manufacturer, we will obtain and then keep at aur dispensary a copy of the provider's current written authorization from the local jurisdiction and ultimately the BMCR pursuant to the MCRSA to produce medical cannabis-infused edible food. In the inventory tracking system, we will dacument: • a description af the products(faod/concentrates)received, including the type and weight of each product and the estimated amount and batch number of the medical cannabis infused in each edibie J cancentrate product; �Y 9 Ukiah Valley Holistics—Inventory Control �� j • the total estimated amount and batch number of inedical cannabis infused in the infused products; and �� ' • the name and registry identificatian number af: o the manufacturer providing the infused products; a the dispensary employee receiving the food praducts on our behalf; and o the date the products were provided. H. Deliveries TRANSPORTATIQN AND DELIVERY The Applicant sha11 affer delivery services to qualified patients in accordance with Sectian 5717(A} of the City's Municipal Code. The Applicant sha11 only deliver to qualified patients or caregivers located in the City. All medical marijuana-infused products are hand packaged, sealed and labeled, and the praducts stored in closed containers. Each container used to transport or deliver medical marijuana is labeled with the amount of inedical marijuana or medical marijuana-infused products, ar the number and size of the plants, in the container. Employees and management sha11 inspect each container prior to deliver to ensure that the label includes the name and address of the Dispensary and the name and address of the medical �_s, marijuana business or individual that the medical marijuana is being transported to. �_.Y, The label will be made available to any law enforcement officer who requests ta see the label. Marijuana items delivered ta an individual's residence must: (a} Comply with all packaging and labeling regulations established by the City of Llkiah or the State of California; and (b)Be piaced in a larger delivery receptacle that has a label that reads: "Contains marijuana: Signature of person 18 years af age or older required for delivery." In transit for delivery all medical marijuana and medical marijuana products sha11 be kept in a lock- box securely affixed inside the delivery vehicle. Management shall provide employees with a manifest for each delivery or series of deliveries. Employees will be instructed that they may NOT make any unnecessary stops between deliveries or deviate substantially fram the manifest route. Driver Requirements All employees transporting medical marijuana.and medical marijuana products must be at least twenty-one (21}years of age and have a valid California Driver's License and shall use a vehicle for transport that is: o Insured at or above the legal requirement in California; a Capable af securing (locking)the medical marijuana and medical marijuana �" products during transportation; and � 10 Ukiah Valley Holistics—Inventory Control � � o Capable af being temperature cantrolled if perishabie medical rnarijuana products are being transported. �� I}ELIVERY RESTRICTIONS/REQUIREMENTS In conformity witl� Section 60Q1,the Applicant shall not deliver medical marijuana to any patients and caregivers that appear ta be in an intaxicated condition or under the influence of narcotic drugs within the City limits. Nor sha11 any deliveries be made to an autamobile,motorcycle, street car, railroad car or other vehicle. Deliverv Procedures At the time of delivery, emplayees and management rnust ch�ck the identification of the individual to whom delivery is being made in order to determine: a That it is the same individual who submitted the order. o That the individual is eighteen{18)years af age or alder. o The patient has a currently valid doctor's recommendation. Once an employee has verified all the infarmation above they will ask the individual to sign the Applicant's dacumentation indicating the medical marijuana and/or medical marijuana products were received. Delivery Restrictions � Employees may NOT deliver medieal marijuana to an individual wha: � a is visibiy intaxicated at the time of delivery; 0 or who cannot pravide a valid medical marijuana recommendation from a licensed medical doctar authorized by State law to issue recommendations; or o ta an individual wha fails to provide a valid gavernment issued identification verifying that the person is eighteen(18)years af age or older. � Management will ensure that there are nat deliveries made mare than once per day ta the same physical address or to the same individual. Home delivery or transpartation services from outside the City of ITkiah's city limits are strictly prohibited. Dacumentation Requirements Employees and management must document the fallowing for every order: a The order and the date and time it was received by the retailer; o The date and time the medical marijuana items were delivered; o A description of the medical marijuana that was delivered, including the weight ar valume and price paid by the consumer; o Which staff inember delivered the medicai marijuana and/or medical marijuana products, o The name af the individual ta whom the delivery was made and the delivery � address; and 11 Ukiah Valley Holistics—inventory Control �r._ �._� o A dispensary is required to maintain the name af an individual to whom a delivery ,�.a was made far at least one (1)year fram the date of delivery. � Track and Trace The Appiicant sha11 at ail times maintain an electronic point af sale inventory tracking and sales software system that pravides for the creation of the transportation manifests required by the MCRSA and the real-time location tracking af the employee providing the delivery. I. Return and Recall Protocols Medical cannabis may be returned to aur facility for several reasans: • it is na longer needed by the patient or the patient's registratian has expired or been revoked; • it is found to be defective by the patient; or • it has been recalled by the dispensary due to qualiiy concerns with the associated batch. Product No Longer Needed ar No Longer Lieit. If inedical cannabis or medical cannabis products are returned because it is no longer needed or the patient's registration expires or is revoked,then pending verification that it was in fact dispensed by aur facility,the patient wili receive a receipt indicating the type, date, and amount of returned medical cannabis ar medical cannabis products. Product Returned as Unsatisfactory. The Applicant believes that a custamer-friendly return policy ,°� is essential ta all aspects of our aperation. We would like ta be made aware as soan as possible af any product safety issues that have escaped our screening process so that we can promptly analyze and correct the prabiem. An unaccepting attitude toward product retuxns wi11 only discourage reporting of quality concerns and encaurage diversian far monetary gain. We wi11 serve aur mission better by supporting the return of products that patients find unsatisfactory. 4ur goal is to develop a policy that neither discourages nor incentivizes returns. Any products returned for quality reasons are weighed and sent far inspectian and analysis. If evidence of pests, contamination, or other defects is found,the inventory tracking system will identify all products derived fram the same plant or batch(regardless whether they are still in our dispensary or have been dispensed to patients or caregivers), allowing us to do wider testing and remediate, protect, or dispose of inventory as needed and recall products when necessary. Patients will be informed of our return policies and rules both verbally and in writing when making a purchase at our dispensary. We will make sure patients understand that: • to return praducts,they must first make, in advance, an appointment specifically for this purpose; • medical cannabis damaged by improper storage by the patient may be returned,but shall not be replaced; or • the medical cannabis must have in fact been purchased at our faciliry and have been the most recent purchase made by the patient or by the patient's designated caregiver an the � . � patient's behalf. � �.�. 12 Ukiah Valley Holistics—Inventory Control � , � � VVe will strictly enforce a fraudulent return policy by informing patients that attempting to return cannabis that was not in fact purchased at our dispensary will result in a denial of further purchasing privileges at the dispensary. Recalled Medical Cannabis or Medieal Cannabis Products. V�e wiil wark to develop a responsible palicy on compensating patients for recalled praducts. J. Disposal and Destruction Protocols Medical Cannabis and/or Medical Cannabis Products may be destroyed under the following circumstances: • if it goes unused, as when a variety is produced in a quantity that exceeds actual patient demand, and it is also not wanted by ather dispensaries; • if it is found by internal quality control assessments ta be infected or contaminated or faiis to meet other quality control standards; • if it is recalled due to batch-related quality control concerns; • if it is returned by a qualified patient or primary caregiver because: ■ it was found ta be defective; ■ if it is no longer needed by the qualifying registered patient; ■ the patient's qualifying registration expires or is revoked; or ■ if the Applicant's license expires without being renewed or is revoked. Disposal �`' �= �,.' Procedures for Destroying Medical Cannabis. The Applicant will work with local law enforcement to develop palicies and procedures for the lawful destruction of inedical cannabis and/or medical cannabis products. Our first choice is to turn medically unusable cannabis over to local law enforcement far destruction. We would arrange far them to take possession of it on certain specially or regularly arranged days. Our secand choice is to process defective medical cannabis and or medical cannabis products in- hause by degrading then inta a wholly unusable form: grinding and sailing medical cannabis waste with non-consumable solid wastes. In this form, medical cannabis waste can be disposed of at a California approved waste facility. Whenever cannabis is turned aver to the police for destruction, an inventory record is generated indicating: • the control numbers associated with the medical cannabis turned over for destruction; • the reason it was turned over for destruction; • the names and signatures of the law enforcement officials receiving the medical cannabis, • the amount turned over; and • the date and time it was turned over. The Inventory Cantrol Agent must be present for the inventory transfer and must, along with at least one other employee acting as witness, sign a printed record of inventory transfer,which will � ; be kept as a hard cnpy or electronically as a scanned facsimile for not less than one(1) year. 13 Ukiah Valley Holistics—Inventory Control �__ Whenever medial cannabis is destrayed on site an inventory record is generated indicating: �� , �� • the control numbers associated with the cannabis destrayed; • the reason it was destroyed; • the manner in which it was destroyed; • the amount destroyed; • the date and time it was destroyed; and • those present during the destructian. In compliance with Ukiah's Medical Marijuana Ordinance Section 5749 (G)(A)the Dispensary shall offer immature plants to qualified patients or caregivers, defined as, either male ar female, that have not yet flowered and which does not yet have buds that that are readily observed by unaided visual examination, often referred to as "clanes." These plants or clones shall only be planted in rock wool or other non-soil rooting medium that is intended to be temporary and wiil be regularly inspected. Should any of the inventory nat be acquired by a qualified patient or caregiver prior to the point at which the plants or clones would need to be repotted into soil they shall be destroyed. The Inventory Control Agent must be present for all on-site destructian and must, along with at least one other employee acting as witness, sign a printed record of dispasai,which will be kept as a hard copy or electronically as a scanned facsimile for not less than one (1} yeax. � ` CONCLUSION � We have described the critical components of our Inventory Control System. We have identified the staffing positions involved in the oversight and execution of all aspects of inventory control and the key elements in the quality control of aur human resources: training, oversight, and accountability. We have detailed the technical capabilities and security safeguards of our electronic tracking and data management systems. Far any job responsibility,the perfarmance of which involves handling cannabis, we have described how inventory-tracking procedures are integrated inta its execution. Our operational procedures are therefore fully transparent and accountable. The reliability of this system of built-in cantrols is checked twice daily by comprehensive inventories, and all of these production operations and control procedures occur under secure video surveillance. However, we have not yet said anything about the most important oversight of all, which is the oversight of the State of Galifornia over our business operations. The Applicant understands that we are responsible for facilitating this oversight by dacumenting or being able to document on demand proof that we are in full compliance with the laws of the State of California and the rules and regulations of the City and any other applicable Agencies. We believe the Inventory Control Plan described here meets or exceeds the legal and regulatory requirements of the State and all relevant Agencies, including the reporting requirements. The system of aperational procedures we have described generates real-time records of all production activities. These records are immediately cached in our secure databases. Their reliability is �� verified by a comprehensive inventory performed twice daily. The results of these inventories are 14 Ukiah Valley Holistics—Inventory Control �r w�. � � � added to our secure data cache and reconciled with the operationally generated data. Audits and security reviews are also documented in the system. This database is comprehensive. It will be �r�` fully auditable and searchable. Data will be preserved for one {1} year and made available to State � £ --- and City authorities at any time. ��., � � � � � 15 Ukiah Valley Holistics—Inventory Contro) � ��. � �: �_ � ��.. pp � � � 16 _. F_. � �` � �,_ �--y= Ukiah Valley Holistics, Inc. Palicy#: TBD � Effective Date: Revision Month: QUALIFIED PATIENT RECORD KEEPING Purpose: This policy is the method by which Ukiah Valley Holistics shall create and maintain qualified patient recard keeping. Scope: Applicant(Licensee), Dispensary Staf£ Responsible Party: Applicant{Licensee) and Dispensary Staff PQLICY I. Policy Staternent Ukiah Va11ey Holistics(the"Applicant") is dedicated ta proper accurate and canfidential patient record keeping consistent with Califarnia Medical Cannabis Laws and HIPPA. In accordance with LTkiah's Medical Marijuana Ordinance we describe a staffing plan that will pravide and ensure safe dispensing, adequate security,theft preventian, and the maintenance of confidential �y �� ° information. � II. Procedure The AppliGant shall utilize TREEZ software to track and maintain patient interaction and records, which will be readily available to the City upon request. A qualifying patient record will be protected from lass, damage, or unauthorized use through the TREEZ system. The point of sale software shall be,upan regulatory implementation of the MCRSA, compliant with the State Unique Identifier and Track and Trace Program. In addition in order to protect patient's canfidentialiiy, the Applicant sha11 maintain records of all qua.lified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State, ar its agent,pursuant to California Health and Safeiy Code § 11362.7 et seq., Furthermare, in line with requirements set forth in Section 5708 such records (which shall be maintained on-site), sha11 be made available for inspection by any Ciiy Official. In addition,the Applicant imposes a strict prohibition against on-site evaluations. A. The Applicant will utilize TREEZ to record purchases including recardation by internal clock, denials of sale, delivery options, and other pertinent patient records. B. Ali records described in this section shall be maintained by the Applicant in accordance with Ukiah's Medical Marijuana Ordinance Section 5708(D){5)which � ' states that all patient recards shall be maintained and verified annually with the Page 1 0#6 � ��- � qualifying patient's medical doctor or doctor af osteopathy for a period of One (1) � year. � C. Information on priar year's aperations shall be provided annually, as required in by Section 5'708(D}(6}. The Applicant understands and agrees that it shall adjust the dispensary operations as necessary to address any issues discovered through an inspection/audit. ' D. Upon a first dispensary visit a patienticaregiver information is entered into the system by a dispensary employee and will include all information required by 5708(D)(2) including: - A current valid physician's recommendation in compliance with the criteria in California Health and Safety Code Section 11362.5 et seq.; - Valid o�cial photo identification, such as a Department of Motor Vehicles Driver's License or state issued Identificatian Card; ancUor - A current valid California Medical Marijuana Identification Card. - The qualifying patient's name; �,, - The qualifying patient's date of birth; ��.4 ' - The qualifying patient's Emergency Contact; - The symptoms for which they are seeking medical cannabis and/or medical cannabis products; - Authorization to release their patient records to the County Heaith Department should it be requested; and - The narne of the qualifying patient's designated caregiver, if applicabie. This record is dated and signed for all subsequent patient transactions. E. In accordance with Section 5708(D)(3) qualified patients or designated caregivers withaut a California Medical Marijuana Identification Card or a Patient ID Center ldentification Card, prior to dispensing medical marijuana or medical marijuana products, the Dispensary sha11 obtain verbal, online, or signed verification from the recommending physician's office personnel that the individual requesting medical marijuana is a qualified patient. F. The records shall ciearly show the source, amaunt,price and dates of all marijuana received or purchased, and the amount,price, dates and business, §�'" patient or designated caregiver for all medical marijuana and medical marijuana .___ products sold. Page 2 of 6 �. � � �xs_ G. The records of the business sha11 clearly track medical marijuana products inventory purchased and sales and dispasal thereof ta clearly track revenue from sales of any medical marijuana and medical marijuana products from other par�phernalia(devices} or services ofFered by the Applicant. H. An inventory record documenting the dates and amounts of Medical Marijuana, Medical Marijuana Products and devices/paraphernalia sold at the dispensary, and the daily amounts af Medical Marijuana, Medical Marijuana products stored at the dispensary. I. The Applicant shall keep a compiete set of books af account, invoices, copies of orders and sales, shipping instructions,bills af lading,weigh bilis, bank statements including cancelled checks and deposit slips and all other records necessary to show fu11y the business transactions. J. The records shall clearly show the source, amount,price and dates of a11 marijuana received or purchased, and the amount,price, dates and business, patient or caregiver for all medical marijuana, medical marijuana praducts sold. K. All records must be identified as confidential and any disclosure shall be limited in a manner that maintains the confidentiality of the information contained A�M therein. � �z L. To comply with Section 5708{K) all information identifying the names of patients,their medical conditions, or the names of their primary caregivers is confidential and such disclosure is strictly prohibited pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) and the Canfidentiality of Medical Infarmation Act(California Civil Code § 56 et seq.). a. The Applicant's qualified patient/qualified patient's designated caregiver confidentiality begins with dispensary staff training. Among other training, all the Applicant's staff will be trained extensively on protecting the qualifying patient or qualifying patient's designated caregiver's privacy. All dispensary staff, principal officers and board members are required to complete Health Insurance Portability and Accountability ("HIPAA"). The following is written into a11 offer letters and board member requirements. "Certificate of HIPPA completion must be accepted 30 (thirty) days from date of written offer of employment or board ce�tification. Failut-e to complete tr�aining wili result in withdrawal of inembership or offer letter. Candidates will not be able to assume employment or membership priar to presenting proo.f af certification hard copy". (Additional, information regarding employee training shall be found in the Employee Handbook,E�iibit 5). �`` Page 3 of 6 _.. �� ; M. All records kept and maintained by the Applicant shall at all times protect the � ' confidential information of the patient�or caregiver. � N. Entries are to include the dispensary employee's information for tracking purposes and may only be made by the staff member who is recarding the transactian. O. No changes should be made which make any entries illegible. P. Receipts shall be maintained via a computer program ar by pre-numbered receipts and used for each sale. Q. The records of the business sha11 clearly track medical marijuana product inventory purchased and sales and disposal thereof to clearly track revenue from sales of any medical maxijuana fram ather paraphernalia ar services offered by the Applicant. R. There are safeguards to prevent unautharized use as TREEZ utilizes separate lag in information for users and all terminals are recorded by security camera. S. In conjunction with the Applicant's educational suppart for patients, record will be generated far each interaction where patient education and support materials � are pravided to the qualifying patient or the qualifying patient's designated caregiver. Recordation of a description of the materials and the date the materials were provided shall be made. T. If a qualifying patient requests and does not abtain medical cannabis or, if applicable, the designated caregiver requests on behalf of the qualifying patient and daes nat abtain medical cannabis from the dispensary, the fallowing shall be recorded in the recard: l. The date; 2. The name and registry identification number of the individual who requested the medical cannabis; and 3. The dispensary's reason for refusing to pravide the medical cannabis; 4. The dispensary staff to denied the sale (if sale was denied}. MAINTENANCE OF RECORDS Recards Ta Be Ke�t At The llispensar_y Page 4 of 6 �� .. �'� The Applicant shall track and keep records inciuding the fallowing: • full name, address, and telephone number(s}of the owner, landlord andlor lessee of the Property; * Full name, address and telephone number(s) and a fully legible copy of a government issued form of identification of each Medical Marijuana Business employee engaged in the management of the Medical Marijuana Dispensary and a description af the nature af the participation in the management of the business; • The full name, date af birth,residential address, and telephone number(s} of each Medical Marijuana Business employee and Management Employee; • The date each employee and Management Employee joined the Business; and the exact nature of each employee's and management Emplayee's participation in the Medical Marijuana Business. HIPPA COMPLIANCE The Applicant is considered a covered employer that is required to compiy with the HIPAA Privacy Rule. The Privacy Rule states that a patient's Private Health Information ("PHI"} is confidential and that no one associated with the Applicant (such as dispensary staff, volunteers �" ar contractors) may use or disclose such infarmation without the patient's written authorization x.: ��- except under limited and specific circumstances: l. Ta the patient. Employees never have to be concerned with the HIPAA Privacy Ru1e when discussing the patient's health informatian with that patient, With the exceptian of some mental health related infortnation, which in most cases carries a warning that the report or diagnosis should nat be diseussed with the patient; 2. Far treatment,payment and health care operatians; 3. For infarmal reasons, as lang as the patient has the oppartunity to agree or obj ect; 4. For purposes incidentai ta another permitted PHI disclosure; 5. Far Pubiic Interest and Benefit Activities, in compiiance with the MCRSA and the California Department af Public Health regulations and policies gov�rning the release of information for this purpose; or ..� � Page 5 of 6 r. � s,.. � �''� 6. For the purposes of research, pubiic health or heaith care operations in � compliance with the California Department of Public Health regulations and policies gaverning the release of information for this purpase. � . � �;` � �� Page 6 of 6 GENERAL CONSTRUCTION NOTES w � MECNpNICAL o A.Fuft�\dCE,ri -=ft�=d'��.d-�,3�Oi.]i?IC^�cR,51=�5 d:vD"Si;J�=:L'U,`_4 i C 3E G°Tc4��,F,ED Bv � G C."n7 0:4P!`_4.� riTCCT S..�d��a==R�:'E�I'bICES'RIOR`C�v�T?LL.T'�,pv %�� 11�icT:1LLP[R,. C._.r.C�=S � v,, /;' '-' _ =i TJ RE S�-�Rt�?�7 T�'!i^�L�?`^.'a��RGTTO"� %.'�� _.,CR'� "��CC�.T_��IN G-`�?G= ei i_a:L;;-�.9u.'.v°RS;?U 5.':�'....ES TC 3E`1`;I,�?u>:�,d�rBC':_ ///, � � � �; 2.ELECTRICAL , I' j'�' � V � � i% ' //r CJ4 J :��NG 3. . 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Q W Y a � RECEPTION/SECURITY a � Q � ,I ° m: � e '°� � � ELECTRICAL AND MECHANICAL SYMBO�S � � Q U o �I � ❑ � T� ¢ ,Ix _ � $ SI';G��S�fi C�1 Y�.O��JT? � (-c'/ fr � REC�55=�Cr�`:S'��L!G'a--26 W.C0�`�P�C � 1 ' I R � r,ou�.�� ` ;�;:��• F�:;o?e3t=_a� � _ � Q '�I �I 3?�L_$'��I TCF � O I 1 1 � I 7 � a � Sh!OK=J'T�C-CR Q \/ M N I G `� __GCT�IC�JB�F;±� �7 �d O s � ��-�\� 2.J 3-CE'T:.-C_e � ; �.0 BE Pi _�i�]L BE7RGCr`5 � � !1 � L�.L/ U � � O O � y�a_ x RE . '::C OJ,' '2 � �:.).:,-- � LJ� ai - � � ' SEG _' � �.�e�_o�P__.<a_�_, a,.__ ��Ra W '^ I - VENDOR AREA � INTAKE -t � Q O 'f � - - �� 22O'l.^.LTR=CE'T:C�[ �R C;]YG?=}v`c2 j ❑ �NTRY/WAITING O O iy . �I4 � =LO�?�.,,0'J':T JL:F�=t R=CE°-.:C'_= _.. , _,.+�. .a.� M U ""'_"__'-_.__-- -...-.a,l ..... �,.,.,-. _,-. � �_..�.,,,��_ _"'_.,..,_..__- ____'� I�=.��:__�� ', : _. - -- - ..,._-'- I-'.,_--_ ---,..,_._� �?x.ucR�_c��?�� xT �.= � -x c aF:., �_ci �. �c�. . (� .- r oo� ca� o f I � SHEET TITLE `_-"'__ ... _..._._...__..�_...� `,... � o � � � ,1 � g � u� u -.�i a -��o, �c_'- p r < ELECTRIC PLAN � . � - �G ,25 .C.. -_� Exi 1�G- 3 -+ I ".T ;iln� a _.c�_,c�;- _ .,�e iH�r _c�a��o_a �ao�� ri � -.. •.,8�fLJO��C�`'T_iGHi:.Of'3C.. B��: �i��J�S��"..OGp_ ' 0 Er,li_A'�p DR4WN9Y i�.'f� ' 2X6 @ 16" O aao_ri�_s-�or�- oo-cFv aar�coc�i F�r: p13 UNDER HOGWIRE ' cr+ECKsoar �P� .. -4�+ia.STnr .a�" ab r:ac��=-�ooP � ]Ol�fl LI6;-.T �Ia�C I0�14_-SC�H, .G2" �2 �30�Ic=��_COR � :-�RiS�o�;:��io�_r OATE CREATEO 417-17 Q ... =_a ao � " ot �-�.c::r�o c��c��'�,r DATE ISSUE� - C �o�,,=�..r�a ri=rer��rc c v.:Ec�:or: � {��II�� .-__-a��,�,.,,.�._,.�i��, �_ ,.cc�=..��r.,e so,. _ 3 REFLECTED CEiLING PLAN � NEW ELECTRIC PLAN � r �M � - , S�A�E a��rF� �7-(� CE I G 'YI 'fiLl rT(;J 3'.':.C'J:'-IP:[' '0�� ' �� =L�C C ,.�.i.. 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Ukiah, CA 95482 � �. planning�a cityofukiah.com (707)463-6203 DATE: September 27, 2017 TO: Planning Commission FROM: Kevin Thompson, Planning Manager Darcy Vaughn, Assistant City Attorney SUBJECT: Amendments to the Ukiah Municipal Code related to the Medical Marijuana Dispensary Ordinance (clean up), personal cultivation regulations, and allowing and permitting cannabis related businesses to operate within the City limits. Recommendation: Staff recommends the Planning Commission review, conduct a public hearing and recommend approval of the proposed ordinance amendments to the City Council. The proposal would amend sections of the Ukiah Municipal Code (UMC) in four primary areas as summarized below: Amendment 1: Consists of a number of clean-up items proposed for the current Medical Marijuana Dispensaries Ordinance, both for clarity and to comply with recent revisions to California cannabis laws via Proposition 64. Also known as the Adult 8 VH[�I[� D11��4DG0�F�❑8 0 �❑F�3l9�SRvl1l'�C,2�❑C�, and SB 94, also known as the Medicinal and Adult-8VH�I]DC�ELV�H1X�DIFi�F1�0 ❑8 ❑56❑� Amendment 2: Modifies the ❑�CL�annabis cultivation regulations found in �PQH��R�HC5 HJ X�1�Q�/[ID�1G[IDF�U�R'C�-I to comply with the AU MA. Amendment 3: Modifies �PQFi�L�RQC�J�RC�i��EQVFQQI�equirements for operation of Cannabis Related Businesses- not including businesses engaged in the retail sale and delivery of Cannabis- within the City limits pursuant to a Major Use Permit and procedures for granting said Major Use Permits and annual renewal procedures for Permits issued. Amendment 4: Adds new definitions to the Zoning Code to ease interpretation of a number of the proposed additions to the Zoning Code regarding cannabis regulation. Ukiah Municipal Code Amendments 1 Background: These Ordinance amendments were created through an Ad Hoc committee comprised of Council members Mulheren and Brown, the City Manager, Planning Manager, City Attorney, Assistant City Attorney, and Chief of Police. The Ad Hoc committee was created by the City Council on July 1, 2015, in part, in anticipation of the adoption of the Medical Cannabis 5 HJX�DIF�FV�O �56❑� FZYI-P EI�❑C❑. After completing the Medical Marijuana Dispensary Ordinance, the Ad Hoc began work on the implementation of Proposition 64, the Adult Use of Marijuana Act C�❑8 0 ❑�3l9ZSRvL1�Q��approved in November 2016. In addition, in June 2017, the State of California enacted a clean-up bill, SB 94, the Medicinal and Adult-8 VH�DG1GpELVC5 HJX�DII�F1�0 ❑8 ❑5 6❑ � LCFRC�LV�PoI�I-I�H-IC�-I[��,6D�,PoI�d-llulatory approach to commercial enterprises dealing in medical cannabis versus commercial enterprises dealing in recreational cannabis. The MAUCRSA effectively repealed the MCRSA, making it necessary for the Ad Hoc to 1) review and propose amendments to those provisions of the UMC that are inconsistent with the MAUCRSA and 2) to brainstorm approaches to implementing the MAUCRSA. Proposed Changes: AMENDMENT 1: CLEAN-UP ITEMS TO THE CURRENT MEDICAL MARIJUANA DISPENSARY ORDINANCE A number of sections in the Medical Marijuana Dispensary Ordinance are proposed to be amended to address 1) inconsistencies between the Ordinance and the most recent State cannabis laws and to 2) incorporate input from the Ukiah Police Department. Summary of amendments: 1. §5701 INTERPRETATION AND APPLICABILITY, and §5702 DEFINITIONS: The purpose of these amendments is to reference the definitions section for commercial cannabis activity in the MAUCRSA, as codified in the California Business and Professions Code. The MAUCRSA repealed the former definitions section of the MCRSA referenced in the current Dispensaries Ordinance. 2. §5708 OPERATING REQUIREMENTS: a. This amendment incorporates language from the AUMA regarding the effect of this State law on the consideration of past felonies in issuance of a license or permit to operate a cannabis dispensary. Per the California Business and Professions Code §26057, applicants with a history of certain criminal convictions may still be eligible to operate Medical Marijuana Dispensaries and other Cannabis Related Businesses provided that said felonies have been expunged from their records. This amendment also specifies that prior convictions for certain cannabis-related drug offenses cannot be the sole basis for denial of a Dispensary Use Permit application. Finally, this amendment corrects a reference to a State law provision that was amended by the MAUCRSA, and that enumerates the types of felony offenses that may result in denial of a license or permit to operate a cannabis dispensary. Ukiah Municipal Code Amendments 2 b. Corrects �QJ�1 H�d-U DIsaQJ[�KdvLEIDC�D6Sl9ZYDC�o refer more generally to an Article 2.5 of the California Health and Safety Code, as amended by the MAUCRSA, exclusively regulating medical cannabis. c. Amends language regarding on-site cultivation to reference 3D6SQFDE�1�1�,fbl� laws and regulations0 The revised reference encompasses a larger range of State laws and regulations to put dispensary applicants on notice that the full range of State laws regulating medical cannabis cultivation apply to operation of a dispensary that engages in cultivation. d. Amends language regarding requirements for retention and availability of digital security video as requested by Ukiah Police Department. e. Amends language providing the City an option to use consultants to verify compliance with the Ordinance. 3. §5710 CRITERIA FOR REVIEW- Clarifies parking requirements for dispensaries that provide medical cannabis to qualified patients through deliveries only and where no on- site sales occur. AMENDMENT 2: CLEAN-UP ITEMS FOR CURRENT CULTIVATION REGULATIONS The City currently regulates the cultivation of cannabis plants for personal use in residential areas. Proposition 64 sets the maximum number of plants allowed for personal use at six per household. While Proposition 64 authorizes local governments to reasonably regulate cultivation of cannabis for personal use, including banning outdoor cultivation, it specifies that any local government prohibiting outdoor cultivation entirely will not be eligible for certain grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of Proposition 64. Currently, the UMC §6093 allows a cultivation of maximum of twelve indoor plants. This amendment addresses the conflict between Proposition 64 and UMC §6093 DC�G=DIPV�Ill-NF-��I-i�W-I�L1� grant eligibility by allowing outdoor cultivation of cannabis in a greenhouse: §6093 MARIJUANA CULTIVATION PROHIBITED- This amendment clarifies how many plants can be cultivated. It proposes six mature plants per household, either indoor, or outdoor within a greenhouse. Limiting outdoor cultivation to greenhouses only is in conformance with Proposition 64. A definition of Greenhouse that specifies certain standards for greenhouses constructed for the purpose of cannabis cultivation and requires prevention of nuisance conditions is proposed for the Definitions section of the current UCC §9254, entitled Marijuana Cultivation. AMENDMENT 3: §9062 USES PERMITTED WITH SECURING A USE PERMIT Amendment 3 is related to the Zoning Ordinance. It creates a new 3Permitted Use❑(with a Major Use Permit), in a number of non-residential zoning districts, entitled 3❑DC�GDELV�5 F-I�PoIG� CXVLC�IW�which is defined as follows: CANNABIS RELATED BUSINESS: A commercial enterprise engaged in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, or Ukiah Municipal Code Amendments 3 distribution, of cannabis or a cannabis product, including a Microbusiness as defined in Business and Professions Code Section 26070, except as set forth in Business and Professions Code Section 26033 related to qualifying patients and primary caregivers, Division 6, Chapter 8 of the UMC pertaining to regulation of marijuana dispensaries and issuance and renewal of Dispensary Use Permits, and Section 9254 of this Chapter pertaining to cultivation of marijuana for personal use. For purposes of this Article, this definition of a Cannabis Related Business excludes businesses engaged in the retail sale and delivery of Cannabis, Cannabis products, or Cannabinoid Preparations to patients or customers, which are regulated under Division 6, Chapter 8 of this Code. Cannabis Related Businesses- not including businesses engaged in the retail sale and delivery of Cannabis, under this amendment- will be allowed with a Major Use Permit in the following zoning districts: 1. Neighborhood Commercial (C-N) 2. Community Commercial (C-1) 3. Heavy Commercial (C-2) 4. Manufacturing (M) 5. Public Facilities (PF) 6. General Urban (GU) 7. Urban Center (UC) 8. Downtown Core (DC) §9262 USE PERMIT PROCEDURES- The decision on whether to approve an application for a Major Use Permit for a Cannabis Related Business will be made by the Planning Commission. Staff will provide findings and conditions of approval based on the location and nature of the business. The Ordinance adds new subsections to UCC §9262 which set forth the procedure pursuant to which a Major Use Permit for a Cannabis Related Business will be reviewed annually by the Zoning Administrator. Pursuant to the annual review process, the Zoning Administrator is required to make certain findings of fact that may be grounds for revocation of the Major Use Permit, such as: 1. Failure to adhere to the Conditions of Approval; 2. Excessive number of calls for police service compared to similarly-situated businesses; 3. Excessive secondary criminal or public nuisance impacts; 4. Inadequate safeguards or procedures; 5. Non-payment of fees; 6. Subsequent felony conviction, under certain circumstances; 7. Engaging in unlawful, fraudulent, unfair, or deceptive business acts or practices; 8. Failure to comply with applicable State law and provisions of the Code. In addition, §9262 sets forth a procedure for revocation of a Cannabis Related Business Major Use Permit. If the business is operated in a manner that violates the conditions of approval imposed by the Major Use Permit or the provisions of this Code, or conflicts with State law the Zoning Administrator can make findings and revoke the Major Use Permit after conducting a public hearing pursuant to UMC §9262(H)(2)�SSI-Dm'[�I�-I�RC�Q1�C� Ukiah Municipal Code Amendments 4 are heard by the Planning Commission. The decision of the Planning Commission on the revocation is final. AMENDMENT 4: §9278 DEFINITIONS Definitions of the following terms will be added to the UMC with this Ordinance amendment: 1. Cannabinoid preparations 2. Cannabis 3. Cannabis Related Business 4. Greenhouse 5. Marijuana 6. Outdoor Cultivation Regulatory Framework-General Plan: The proposed amendments are consistent with the Goals and Policies found in the Economic C M'�I�'SP FiG� �P FiQ�I�Fizl I�� XSSRIW��Af�C,1J�FD� FRC��P � establishing development and operational standards for these types of projects will streamline the process and provide clarity for applicants wishing to establish these uses, while still allowing staff and the Planning Commission to recommend and impose requirements and standards that preserve public health and safety. Simplifying the process for applying for and obtaining approval for these types of projects will in turn help to support the local economy. PUBLIC NOTICE The project was noticed in the following ways: 0 published in the Ukiah Daily Journal on September 17, 2017 � posted RC�W-I�� F-E��eptember 22, 2017 � posted at the Civic Center (glass case) September 22, 2017 PUBLIC COMMENT: As of the writing of this staff report, no correspondence has been received in response to the public notice. FINDINGS: Pursuant to UMC §9265, entitled Zoning Text Amendments, the City Council is required to make findings supporting their action when advised by the City Attorney. Based on the direction provided by the Planning Commission, staff will draft findings, if necessary, prior to City Council review of the proposed amendments. Staff has concluded that the project is consistent with the City of Ukiah General Plan and the Ukiah Municipal Code. CEQA: The proposed City Code amendments for regulation of commercial cannabis activity are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Business and Professions Code §26055(h). This subdivision is in effect through July 1, 2019 and specifically exempts from environmental review the adoption of an ordinance or regulation by a local jurisdiction if the ordinance or regulation requires discretionary review, Ukiah Municipal Code Amendments 5 including environmental review, and approval of local permits or licenses for commercial cannabis activity. Attachment: 1. Redlined Proposed Draft Zoning Ordinance Amendment 2. Proposed Draft Zoning Ordinance Amendment Clean Version Ukiah Municipal Code Amendments 6 IATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO REGULATE CANNABIS RELATED BUSINESSES AND CANNABIS CULTIVATION. 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 follows (unchanged text is omitted and is shown by 3* **C�: *** § 5701 INTERPRETATION AND APPLICABILITY. *** (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any 3FRP P I��LDG�DGIGDE �✓�Mq-M/[DCX�19�1 FiWIRQ�I�i]RC�i�❑ � 26001�Q,��o9:�(k}), or any commercial or non-commercial activity involving marijuana use for recreational or other non-medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. *** ��❑ �-i�DP HCQ+I [Ifl[IDD��ness and Professions � Code § 26001�9&�, and as it may be amended. *** ��0 HaFD� D11��4DGD�LVS�❑LVSFi�DW�P�DCMDC�❑LVSFiG�DW�/�I� � California Business and Professions Code § 26001��39&�, as it now reads or may be amended in the future. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not I have been convicted of any of the felony offenses enumerated in u��+h �n,� c�fo+„gusiness and Professions Code § 26057��(b)(4), 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. Notwithstandinq the above, an application shall 1 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 (expunpement of felony record) under California law or under a similar federal statute or state law where the expungement was granted. In addition, notwithstanding the above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis or cannabinoid preparations is not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application. *** D. *** *** a. $ KdvIFLDC�D6Sl9ZYDC�I.D�d-FRP P H�RP S�CFH�L1�I�iC I criteria in California Health and Safety Code �ec�i^^�o�e�eqDivision 10, Chapter 6, Article 2.5 and as it may be amended,.- and valid official identification, such as a Department of 0 R1�6t1�9 H4F��HQ�/Fi�l.ffi�fbl�C�-K�1tIFC1�C�ID DIQ�I.J *** G. Retail Sales and Cultivation: 1. No cannabis shall be cultivated on the premises of the dispensary, except in I compliance with this chapter and with sections 6093 and 9254 of this code and u��,�,i"-a^a �aT�+��ec��ie�-a-�36�c�seqapplicable state laws and requlations. *** 5. A dispensary shall meet all the operating criteria for the dispensing of inedical I marijuana as is required pursuant to r��f��eart�i �^� c�fo+„ r,,,�o ��+�„�T��F �+ �e� �^� �� m�^��.applicable state laws and requlations *** H. Operating Plans: *** 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In the event of a crime onsite or anywhere within ranqe of the Dispensary VVF-FXII�MFDP Fil�/, the Dispensary shall provide the Chief of Police with a useable diqital copy of the security video upon request or at the earliest convenience. *** (U) Inspections. During normal business hours, Dispensaries permitted under this I Chapter shall provide access for administrative inspections by City officials or officers or consultants hired bv the City 1�R�ILQFRP S�H�LI�PQ�KD61�Po�((�LVSFI�WI�XVD�IR❑ comply with this Section shall be deemed a violation of this Chapter. 2 *** § 5710 CRITERIA FOR REVIEW. In addition to the findings required in City Code § 9262, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: *** (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). However, if the Dispensary to be operated by the applicant does not dispense medical marijuana to patients on-site but services qualified patients throuqh deliveries in compliance with City Code � 5717, then adequate parkinq will be provided at a rate of one space for every four hundred (400) square feet of gross leasable space, pursuant to City Code § 9198(G)(3). *** SECTION 2 Article 10 of Chapter 1 in Division 7 of the Ukiah City Code is hereby amended to read as fol lows: § 6093 MARIJUANA CULTIVATION PROHIBITED Outdoor cultivation of marijuana except in a Greenhouse, as defined in section 9254 of this Code, or indoor cultivation in excess of��six (�6) mature plants or+�^��^��.welve (�412) immature plants, within the city limits of the city of Ukiah in violation of section 9254 of this code constitutes a violation of this article. Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months or by both a fine and imprisonment. SECTION 3 Article 6 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Neighborhood Commercial (C-N) Zoning District is hereby amended to read as follows (unchanged text is omitted and is shown by '* **C�: §9062 USES PERMITTED WITH SECURING OF A USE PERMIT The following uses may be permitted in neighborhood commercial (C-N) districts, subject to first securing a use permit pursuant to provisions contained in section 9262 of this chapter: *** � Cannabis Related Business 3 *** SECTION 4 Article 7 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Community Commercial (C-1) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by 3* * *q: §9082 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: * * * ICannabis Related Business. * * * SECTION 5 Article 8 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Heavy Commercial (C-2) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by '* * *q: §9097 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: Cannabis Related Businesses * * * SECTION 6 Article 9 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Manufacturing (M) Zoning Districts, is hereby amended to read as follows (unchanged text is omitted and is shown by'* **q: §9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT The following uses may be permitted in Manufacturing (M) Districts subject to first securing a use permit, as provided in this Chapter, in each case: A. Cannabis Related Businesses. 4 � ,4B. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. � �C. Recreational uses, hotels, motels, mobile home parks, retail stores, offices, service establishments. � SD. Resident manager/security personnel housing. SECTION 7 Article 17 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Public Facilities (PF) Zoning District, is hereby amended to read as follows (unchanged text is RP L1AkIG�/�/KFtZ W[E�� §9170.2 PERMITTED USES The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing a use permit: Cannabis Related Businesses. * * * SECTION 8 Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended by specifying that a Cannabis Related Business is an allowable use with a Major Use Permit (MAUP) in the General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts, and inserting a reference to section 9254 and 9261 in the column entitled 'Additional Zoning Requirements by Code Section❑ SECTION 9 Article 19 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by '* * *q: § 9254 MARIJUANA CULTIVATION A. Definitions: As used herein the following definitions shall apply: *** FULLY ENCLOSED AND SECURE STRUCTURE: A space within a building that complies with the California building code, as adopted in the city of Ukiah (3CBCC�, or, if exempt from the permit requirements of the CBC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two inch by four inch (2Cx 4C� or 5 thicker studs overlaid with three-eighths inch (3/8� or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the city of Ukiah. As applied to this Chapter, a Fully Enclosed and Secure Structure does not include a Greenhouse. GREENHOUSE: An accessory structure to a residence located on the same 1 legally established with all required permits approved, constructed primarily of translucent glass or qlass-like material (or other similar material approved by the Buildinq Official), completely enclosed with one or more secure lockinq doors as the only means of inqress and eqress, where plants are grown. A GREENHOUSE should also be shielded from view of the public from the riqht of way and should include features that prevent public nuisance conditions such as odors, enumerated in subdivision B(4) of this Section. *** OUTDOOR: Any location within the City of Ukiah that is not within a fully enclosed and secure structure. *** � B. Cultivation f Marijuana: 1. Outdoor Cultivation: 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 I zoning district in the city of Ukiah to cause or allow such premises to be used for the outdoor cultivation of marijuana plants � 2. Cultivation : Except as permitted in Division 6, Chapter 8 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 Ukiah to cause or allow such parcel I to be used for the cultivation of more than ��six (�6) mature and +�^��^��twelve (�412) immature marijuana plants= I 3. Indoor Commercial Cultivation Of Marijuana Q��+r,,.+o,� T„ n,��f;o,� o�+�o�+� o�,� Drimor�i ��ro„�.,or�. 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 the City of Ukiah to cause or allow such parcel to be used for the commercial cultivation of marijuana, UIIIeSS �� +ho riorcr�n ic o ni iolifiorl r�o+iori+ r�r r�rimor�i r�oroni�ior nrr��niinn +ho omr�i iri+ r�f 0 s�(ba) the person is operating a m�,„ ��permitted marijuana dispensary pursuant to a valid dispensary use permit, within the C1, C2, CN, M, and PD (commercial) zoning districts and in the GU, UC, and DC downtown zoning districts, and the space devoted to on-site cultivation at the permitted dispensary does not exceed twenty-five percent (25%) of the total floor area, but in no case more than five hundred (500) square feet; or (b) the person is operatinq a Cannabis Related Business subiect to a maior use permit qranted by the Citv with a valid California cultivation license. 6 *** SECTION 10 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **q: §9261 DISCRETIONARY PLANNING PERMITS * * * D. *** * * * 5. In all Zoning Districts in which they are a permitted use, Cannabis Related Businesses shall be considered malor uses. Malor Use Permits issued for Cannabis Related Businesses shall be sublect to annual review, and shall be sublect to revocation accordinq to the procedures set forth in Section 9262, subsection L of this Article. * * * §9262 USE PERMIT PROCEDURES * * * J. Major Use Permits for Cannabis Related Businesses: Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review according to the procedures set forth in subsection K of this Section, and shall be sublect to revocation accordinq to the procedures set forth in subsection L of this Section. K. Annual Review of Malor Use Permits for Cannabis Related Businesses: 1. Maior Use Permits for Cannabis Related Businesses will be subiect to annual review by the Zoninq Administrator to determine whether the Business is beinq operated in accordance with any conditions of approval imposed on the Malor Use Permit as issued by the Planninq Commission. The City Council may, from time to time by resolution in accordance with the procedures required by law, establish fees to be charqed and collected for annual review pursuant to this subsection. 2. In the course of annual review, the Zoninq Administrator shall make findinqs of fact reqarding the Cannabis Related Business opera�WDC�41l1HCFHUR�PQI-iFf�QQ�/RI D6S18��1'DC�or the Malor Use Permit. In addition, the Zoninq Administrator will consider the followinq nonexclusive criteria in makinq findinqs of fact which may be qrounds for revocation of a Malor Use Permit for a Cannabis Related Business: a. Whether the Cannabis Related Business operated pursuant to the Maior Use Permit has qenerated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Cannabis Related Business. b. Whether there have been excessive secondary criminal or public nuisance impacts in the surroundinq area or neiqhborhood, includinq, but not limited to, disturbances of the peace, illeqal druq activitv, mariivana use in public, harassment of passersbv, litterinq, loiterinq, illeqal parkinq, loud noises, odors, or lewd conduct. 7 c. Whether the Cannabis Related Business operatinq pursuant to a Malor Use Permit has a history of inadequate safequards or procedures that show it is likely that it will not comply with the any operating requirements and standards required in the conditions of approval. d. Whether the Cannabis Related Business has failed to pay fees, penalties, or taxes required by the conditions of approval of the Major Use Permit or by this Code or State law, or has failed to comply with any requirements for the production of records or other reportinq requirements of this Code. e. Whether the operator of the Cannabis Related Business or one or more of its officers, employees, partners, manaqers or members with manaqement responsibilities ("Managers") has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of an operator of a Cannabis Related Business. A "conviction" within the meaninq of this chapter means a plea or verdict of quilty, or a conviction followinq a plea of nolo contendere. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any Manaqer has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expunqement of felony record) under California law or under a similar Federal statute or State law where the expungement was granted. f. Whether the operator or Manaqers of the Cannabis Related Business have previously or are currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. q. Whether the Cannabis Related Business has been operated in compliance with applicable State law and provisions of this Code qenerally. 3. If the Zoninq Administrator determines that the Cannabis Related Business is beinq operated in violation of any conditions of approval imposed on the Maior Use Permit as issued by the Planninq Commission, the Malor Use Permit may be sublect to revocation. L. Revocation of Malor Use Permits for Cannabis Related Businesses: 1. In addition to the reasons for revocation of an approved use permit set forth in subdivisions (H)(1) and (K)(2) of this Section, an approved malor use permit for a Cannabis Related Business P D EH IN�YFdV�G1,PQL9ZXJ K1�iH LWV IU�YRFG,I'�dQSI&�FHW, as set forth in subdivision (H)(2) of this Section, except that all references therein to the Planninq Commission shall be deemed to refer to the Zoninq Administrator, if the Cannabis Related Business is operated in a manner that violates the conditions of approval imposed on the Malor Use Permit or the provisions of this Code, or conflicts with State law. At the public hearinq to be conducted bv the Zoninq Administrator as set forth in subdivision (H)(2) of this Section, the Zoninq Administrator will be required to make findinqs reqardinq the alleqed specific violations of this Code or State law. 2. An appeal of the Zoninq Administrator Vdecision on revocation of a Maior Use Permit for a Cannabis Related Business may be made to the Planninq Commission for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article, except that all references therein to the Citv Council shall be deemed to refer to the Planninq Commission. 8 3. When a final decision has been made revoking any Major Use Permit approved for a Cannabis Related Business as provided for in this Section, for a period of three (3) years after the action revokinq the Malor Use Permit. No new application for a Malor Use Permit shall be accepted from the applicant and no such Major Use 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 SECTION 11 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **q: §9278 DEFINITIONS *** B. *** * * * CANNABINOID PREPARATIONS: Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containinq cannabis or concentrated cannabis and other inqredients. CANNABIS: All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether qrowinq or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, P L 11,+Q11H RUSIll-ISDI��Q F� �QFi S(mQJV1V0/VI-HIC3�/ RUll�IvLQ 3 D�IGDELV Dm'R P�DQ�/ _ 3P D11�G0 _ as defined by Section 11018 of the Health and Safety Code, and (2) the separated resin, Z KFi�PQI-�JFIXC�I RUSXlJ1LEiG RE1,�LC�iG Il9�P P DlJ�4DGD 3 D�GpELV C�I-�/not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which LV LC�DSDE(BI RI J I-�� ) RU�PQFi SXI,�F�/H Rl �/DIYI�(BI 3FD�DELV C�N/C�'F-DC�3LQC�CVIAIDO KI-P S_[7�/C�-ILC�-IGE Food and Aqricultural Code Section 81000 or Health and Safety Code Section 11018.5. CANNABIS RELATED BUSINESS: A commercial enterprise enqaqed in the cultivation, possession, manufacture, processinq, storinq, laboratory testinq, labelinq, transportinq, or distribution, of cannabis or a cannabis product, includinq a Microbusiness as defined in Business and Professions Code Section 26070, except as set forth in Business and Professions Code Section 26033 related to qualifyinq qatients and primary careqivers, Division 6, Chapter 8 of the Ukiah City Code pertaininq to requlation of marijuana dispensaries and issuance and renewal of Dispensary Use Permits, and Section 9254 of this Chapter pertaininq to cultivation of mariivana for personal use. For purposes of this Article, this definition of a Cannabis Related Business excludes businesses enqaqed in the retail sale and delivery of Cannabis, Cannabis 9 I products, or Cannabinoid Preparations to patients or customers, which are regulated under Division 6, Chapter 8 of this Code. � * * * 0 $5,-8$1 $ 71q-IUt� 3P Dl1�Gp CNXVHGLQthis Chapter and throughout the Code, shall have the same meaninq as the term 3FD�1GpELV CNC+-IL�IGLQ�PQLV 1�6�fMlJ SECTION 12. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Jim O. Brown, Mayor ATTEST: 10 Kristine Lawler, City Clerk 11 ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO REGULATE CANNABIS RELATED BUSINESSES AND CANNABIS CULTIVATION. 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 follows (unchanged text is omitted and is shown by 3* **C�: *** § 5701 INTERPRETATION AND APPLICABILITY. *** (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any 3FRP P F�LDG�DGIGDE �aMf�M/[DCX�l9�IFiWIRQ��RC�i�[�6001(k), or any commercial or non-commercial activity involving marijuana use for recreational or other non- medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. *** ��❑ �-i�DP HCQ+I [Ifl[IDD��d�� Professions Code § 26001, and as it may be amended. *** ��0 HaFD� D11��4DGD�LVS�❑LVSFi�DW�P�DCMDC�❑LVSFiG�DW�/�I� California Business and Professions Code § 26001, as it now reads or may be amended in the future. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not have been convicted of any of the felony offenses enumerated in Business and Professions Code § 26057(b)(4), 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. 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 1 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. In addition, notwithstanding the above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis or cannabinoid preparations is not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application. *** D. *** *** a. $ KdvLFLDC�D6Sl@�YDC&l�d-FRP P I��RP S�CFH�L1,P6(�PAJ-IC criteria in California Health and Safety Code Division 10, Chapter 6, Article 2.5 and as it may be amended, DQC�'D�I IF1DC�fl�LULE�K��D[ID HSDlWB�CO R1�6t1�9 H4F�NC�J�1-�.�C license or State Identification Card; or *** 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 sections 6093 and 9254 of this code and applicable state laws and regulations. *** 5. A dispensary shall meet all the operating criteria for the dispensing of inedical marijuana as is required pursuant to applicable state laws and regulations *** H. Operating Plans: *** 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In the event of a crime onsiUbl�KI-�W�L�Q.1 H[�I�PAJ-I� �C Dispensary shall provide the Chief of Police with a useable digital copy of the security video upon request or at the earliest convenience. *** (U) Inspections. During normal business hours, Dispensaries permitted under this Chapter shall provide access for administrative inspections by City officials or officers or consultants hired by the City 1�it�'1-�1LQFRP S�GFH�L1�6(��C�LVS�IC��DW�IXVD�❑ comply with this Section shall be deemed a violation of this Chapter. *** 2 § 5710 CRITERIA FOR REVIEW. In addition to the findings required in City Code § 9262, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: *** (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). However, if the Dispensary to be operated by the applicant does not dispense medical marijuana to patients on-site but services qualified patients through deliveries in compliance with City Code § 5717, then adequate parking will be provided at a rate of one space for every four hundred (400) square feet of gross leasable space, pursuant to City Code § 9198(G)(3). *** SECTION 2 Article 10 of Chapter 1 in Division 7 of the Ukiah City Code is hereby amended to read as fol lows: § 6093 MARIJUANA CULTIVATION PROHIBITED Outdoor cultivation of marijuana except in a Greenhouse, as defined in section 9254 of this Code, or indoor cultivation in excess of six (6) mature plants or twelve (12) immature plants, within the city limits of the city of Ukiah in violation of section 9254 of this code constitutes a violation of this article. Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months or by both a fine and imprisonment. SECTION 3 Article 6 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Neighborhood Commercial (C-N) Zoning District is hereby amended to read as follows (unchanged text is omitted and is shown by '* * *C�: §9062 USES PERMITTED WITH SECURING OF A USE PERMIT The following uses may be permitted in neighborhood commercial (C-N) districts, subject to first securing a use permit pursuant to provisions contained in section 9262 of this chapter: *** Cannabis Related Business 3 *** SECTION 4 Article 7 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Community Commercial (C-1) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by 3* * *q: §9082 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: * * * Cannabis Related Business. * * * SECTION 5 Article 8 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Heavy Commercial (C-2) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by 3* * *q: §9097 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: Cannabis Related Businesses * * * SECTION 6 Article 9 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Manufacturing (M) Zoning Districts, is hereby amended to read as follows (unchanged text is omitted and is shown by 3* * *q: §9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT The following uses may be permitted in Manufacturing (M) Districts subject to first securing a use permit, as provided in this Chapter, in each case: A. Cannabis Related Businesses. B. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. 4 C. Recreational uses, hotels, motels, mobile home parks, retail stores, offices, service establishments. D. Resident manager/security personnel housing. SECTION 7 Article 17 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Public Facilities (PF) Zoning District, is hereby amended to read as follows (unchanged text is omittF�D/�/KFtZ Q[E❑�� §9170.2 PERMITTED USES The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing a use permit: Cannabis Related Businesses. * * * SECTION 8 Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended by specifying that a Cannabis Related Business is an allowable use with a Major Use Permit (MAUP) in the General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts, and inserting a reference to section 9254 and 9261 in the column entitled 'Additional Zoning Requirements by Code Section❑ SECTION 9 Article 19 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by '* * *q: § 9254 MARIJUANA CULTIVATION A. Definitions: As used herein the following definitions shall apply: *** FULLY ENCLOSED AND SECURE STRUCTURE: A space within a building that complies with the California building code, as adopted in the city of Ukiah (3CBCC�, or, if exempt from the permit requirements of the CBC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two inch by four inch (2Cx 4C� or thicker studs overlaid with three-eighths inch (3/8� or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, 5 and fire codes as adopted in the city of Ukiah. As applied to this Chapter, a Fully Enclosed and Secure Structure does not include a Greenhouse. GREENHOUSE: An accessory structure to a residence located on the same parcel, legally established with all required permits approved, constructed primarily of translucent glass or glass-like material (or other similar material approved by the Building Official), completely enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown. A GREENHOUSE should also be shielded from view of the public from the right of way and should include features that prevent public nuisance conditions such as odors, enumerated in subdivision B(4) of this Section. *** OUTDOOR: Any location within the City of Ukiah, including within a Greenhouse, that is not within a fully enclosed and secure structure. OUTDOOR CULTIVATION: The cultivation of marijuana plants in an Outdoor location. *** B. Cultivation of Marijuana: 1. Outdoor Cultivation: 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 zoning district in the city of Ukiah to cause or allow such premises to be used for the outdoor. cultivation of marijuana plants, except for outdoor cultivation within a Greenhouse. 2. .Cultivation in Residential Zoning Districts: Except as permitted in Division 6, Chapter 8 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 Ukiah to cause or allow such parcel to be used for the cultivation of more than six (6) mature and twelve (12) immature marijuana plants . 3. Indoor Commercial Cultivation Of Marijuana: 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 the City of Ukiah to cause or allow such parcel to be used for the commercial cultivation of marijuana, unless (a) the person is operating a permitted marijuana dispensary pursuant to a valid dispensary use permit, within the C1, C2, CN, M, and PD (commercial) zoning districts and in the GU, UC, and DC downtown zoning districts, and the space devoted to on-site cultivation at the permitted dispensary does not exceed twenty-five percent (25°/o) of the total floor area, but in no case more than five hundred (500) square feet; or (b) the person is operating a Cannabis Related Business subject to a major use permit granted by the City with a valid California cultivation license. *** SECTION 10 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **q: 6 §9261 DISCRETIONARY PLANNING PERMITS * * * D. *** * * * 5. In all Zoning Districts in which they are a permitted use, Cannabis Related Businesses shall be considered major uses. Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to revocation according to the procedures set forth in Section 9262, subsection L of this Article. * * * §9262 USE PERMIT PROCEDURES * * * J. Major Use Permits for Cannabis Related Businesses: Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review according to the procedures set forth in subsection K of this Section, and shall be subject to revocation according to the procedures set forth in subsection L of this Section. K. Annual Review of Major Use Permits for Cannabis Related Businesses: 1. Major Use Permits for Cannabis Related Businesses will be subject to annual review by the Zoning Administrator to determine whether the Business is being operated in accordance with any conditions of approval imposed on the Major Use Permit as issued by the Planning Commission. The City Council may, from time to time by resolution in accordance with the procedures required by law, establish fees to be charged and collected for annual review pursuant to this subsection. 2. In the course of annual review, the Zoning Administrator shall make findings of fact l�U DltQC1J�-i�DGIGOELVC�FI�PoK��M/�.S H�f6t�FW-I[ff�[�6SlHZ1'DCfior the Major Use Permit. In addition, the Zoning Administrator will consider the following nonexclusive criteria in making findings of fact which may be grounds for revocation of a Major Use Permit for a Cannabis Related Business: a. Whether the Cannabis Related Business operated pursuant to the Major Use Permit has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Cannabis Related Business. b. 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, odors, or lewd conduct. c. Whether the Cannabis Related Business operating pursuant to a Major Use Permit has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the any operating requirements and standards required in the conditions of approval. d. Whether the Cannabis Related Business has failed to pay fees, penalties, or taxes required by the conditions of approval of the Major Use Permit or by this Code or State 7 law, or has failed to comply with any requirements for the production of records or other reporting requirements of this Code. e. Whether the operator of the Cannabis Related Business 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 an operator of a Cannabis Related Business. A"conviction" within the meaning of this chapter 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. f. Whether the operator or Managers of the Cannabis Related Business have previously or are currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. g. Whether the Cannabis Related Business has been operated in compliance with applicable State law and provisions of this Code generally. 3. If the Zoning Administrator determines that the Cannabis Related Business is being operated in violation of any conditions of approval imposed on the Major Use Permit as issued by the Planning Commission, the Major Use Permit may be subject to revocation. L. Revocation of Major Use Permits for Cannabis Related Businesses: 1. In addition to the reasons for revocation of an approved use permit set forth in subdivisions (H)(1) and (K)(2) of this Section, an approved major use permit for a Cannabis Related Business may be LU-�'F'�'IV-IC3�11.9�GJ K�AJ-1�7W�[�d-M�F�SIRFHW, as set forth in subdivision (H)(2) of this Section, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator, if the Cannabis Related Business is operated in a manner that violates the conditions of approval imposed on the Major Use Permit or the provisions of this Code, or conflicts with State law. At the public hearing to be conducted by the Zoning Administrator as set forth in subdivision (H)(2) of this Section, the Zoning Administrator will be required to make findings regarding the alleged specific violations of this Code or State law. 2. An appeal of the Zoning Administrator�Cdlecision on revocation of a Major Use Permit for a Cannabis Related Business may be made to the Planning Commission for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. 3. When a final decision has been made revoking any Major Use Permit approved for a Cannabis Related Business as provided for in this Section, for a period of three (3) years after the action revoking the Major Use Permit. No new application for a Major Use Permit shall be accepted from the applicant and no such Major Use 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. 8 SECTION 11 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **q: §9278 DEFINITIONS *** B. *** * * * CANNABINOID PREPARATIONS: Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. CANNABIS: All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or pld-ISDIIl�Q�I�PAJ-I ❑DC�E�/��P DlJ��4DGp� as defined by Section 11018 of the Health and Safety Code, and (2) the separated resin, Z14-�W-�FIXC�i�Xlll [�DIJ�C��❑DGIGOE �(C+i�-i mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which LV�L�D6DE�IC6�I d F�LC�Q� F�.�iC�XI,�RvHC6�l dFW�Dl1lfff�l� FDQ�L�01� Iq-P S�G/CID-I LC�K�� $J II�X�QI�R'C�i�If1�Q�❑❑�❑�.�Li FD6iQ�DI FM��RC�i❑ Section 11018.5. CANNABIS RELATED BUSINESS: A commercial enterprise engaged in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, or distribution, of cannabis or a cannabis product, including a Microbusiness as defined in Business and Professions Code Section 26070, except as set forth in Business and Professions Code Section 26033 related to qualifying patients and primary caregivers, Division 6, Chapter 8 of the Ukiah City Code pertaining to regulation of marijuana dispensaries and issuance and renewal of Dispensary Use Permits, and Section 9254 of this Chapter pertaining to cultivation of marijuana for personal use. For purposes of this Article, this definition of a Cannabis Related Business excludes businesses engaged in the retail sale and delivery of Cannabis, Cannabis products, or Cannabinoid Preparations to patients or customers, which are regulated under Division 6, Chapter 8 of this Code. * * * 9 MARIJUANA: The term 3P 1�6�Dnd throughout the Code, shall I�YH�i�/DP HCP F-DGIQI�-i� �FDGIGDELVCQD�1 LC�iQ1�AL 1�61�Po�J SECTION 12. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 10