HomeMy WebLinkAbout10252017 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 25, 2017
6:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the September 27, 2017, and the October 11, 2017, meetings.
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 November 6, 2017 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
a. Dogwood Dispensary- Request for review and approval of a Dispensary Use
Permit to operate a Medical Marijuana Dispensary at 904 N State Street;
APN 001-351-39. File No.: 2652-UP-PC.
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
interpreter, please call Cathy Elawadly at the City of Ukiah at (707)463-6752 to arrange for those
accommodations to be made.
Page 1 of 1
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 27, 2017
6:00 p.m.
COMMISSIONERS PRESENT COMMISSIONERS ABSENT
Mike Whetzel, Chair
Christopher Watt
Laura Christensen
Mark Hilliker
Linda Sanders
STAFF PRESENT OTHERS PRESENT
Craig Schlatter, Community Development Listed below, Respectively
Director
Kevin Thompson, Planning Manager
Darcy Vaughn, Assistant City Attorney
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/Hilliker to approve the Minutes of September 13, 2017 as
submitted. Motion carried by the following roll call vote: AYES: Watt, Christensen, Hilliker,
and Whetzel. NOES: None. ABSENT: None. ABSTAIN: Sanders.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
6. APPEAL PROCESS
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 7
Minutes of the Planning Commission, September 27, 2017, Continued:
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.
Presenters: Craig Schlatter, Community Development Director and Kevin Thompson,
Planning Manager.
Note:
• Two public comments were received by staff after the Planning Commission packet
was complete and are incorporated into the minutes as Attachment 1 and
Attachment 2.
• Page 4, lines 10-12, of the staff report, sentence revised to state: �14V���
was submitted to the Community Development and Planning Department on June
❑❑�C❑❑�Cl�/�ID�-P�S�I�fbI�XJ XV1�7❑�❑�❑�
• Condition of Approval #20 revised 1�t�6D�fbl�l�-I DLC�C�
any required licenses and any other regulatory licenses required to operate exactly
as described by the applicant as submitted with the Dispensary Use Permit
application. Copies of any licenses obtained by supplied to the City for inclusion in
�PAJ-I�CVI-ICSI-�L1�L�1�L1,PQ�1�L1�
Power Point presentation given by Kevin Thompson, Planning Manager.
3 DP H�❑CSWkI❑�❑VIIRIbH❑m❑G❑❑SS�DCV�/Cb HSUi1MCND1�NHq�resented the proposed
project and addressed Planning Commission questions.
Pamela Epstein confirmed the hours of operation are 9:00 a.m. to 7:00 p.m.
PUBLIC HEARING OPENED: 6:24 P.M.
Public Comment: City Councilmember Maureen Mulheren, Robert Werra, M.D., Daniel
De Latona, Amanda Reiman, PhD, Sharron Brady.
Darcy Vaughn,Assistant City Attorney, and 3 DP I-I�SVNdI❑�VII�I�HC[D❑G�SS�D❑V94/❑
Representative addressed questions by the Planning Commission.
PUBLIC HEARING CLOSED: 7:33 p.m.
Motion/Second Sanders/Christensen to approve Ukiah Valley Holistics Dispensary Use
Permit File No. 2841-UP-PC with Findings in attachment 1. Motion carried by the following
roll call votes: AYES: Christensen, Hilliker, Sanders, Watt, and Whetzel. NOES: None.
ABSENT: None. ABSTAIN: None.
Motion/Second Sanders/Hilliker to approve Ukiah Valley Holistics Dispensary Use Permit
File No. 2841-UP-PC with the Conditions of Approval in attachment 2 and with revision to
Condition of Approval #20. Motion carried by the following roll call votes: AYES:
Christensen, Hilliker, Sanders, Watt, and Whetzel. NOES: None. ABSENT: None.
ABSTAIN: None.
ATTACHMENT 1
FINDINGS
DRAFT USE PERMIT FINDINGS TO ALLOW
Page 2 of 7
Minutes of the Planning Commission, September 27, 2017, Continued:
OPERATION OF A MEDICAL CANNABIS DISPENSARY
AT 1230 AIRPORT PARK BOULEVARD SUITE C, APN 180-080-77
FILE NO: 2841
The following findings are supported by and based on information contained in this staff report,
the application materials and documentation, and the public record.
1. The proposed project, as conditioned, is consistent with the goals and policies of the
General Plan as described in the staff report.
2. The proposed project, as conditioned, is consistent with the Medical Marijuana
Dispensaries Ordinance (1176) as described in the staff report.
3. The proposed project, as conditioned, is consistent with the Airport Compatibility
requirements for the B2 zone based on the following:
1. The project site currently contains a commercial structure that has been in
operation for many years as retail. Low intensity retail and offices are
acceptable uses in the B1 zone.
2. Per the B1 Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject
proposal qualifies as infill because:
a. substantial development already exists,
b. the project site is bounded by uses similar to those proposed,
c. the project will not extend the perimeter of the area developed with
incompatible uses, and
d. the proposed project does not otherwise increase the intensity or
incompatibility of use.
4. The proposed project is exempt from the provisions of the California Environmental Quality
Act
(CEQA) pursuant to Section 15303 Class 3, Conversion of Small Structures, and Section
15301 Class 1, Existing Facilities based on the following:
• The site is developed with an existing building and parking lot, and utilities and
services are already available at the site. Furthermore, no expansion of the existing
building footprint is proposed as part of the project.
• The proposed project does not involve hazardous materials;
• The location is not environmentally sensitive and does not include any drainage
courses or bodies of water (such as creeks or streams);
5. Notice of the proposed project was provided in the following manner as required by the
Zoning Ordinance:
A. posted in three places on the project site on September 14, 2017;
B. mailed to property owners within 300 feet the project site on September
14, 2017; and
C. published in the Ukiah Daily Journal on September 17, 2017
ATTACHMENT 2
Page 3 of 7
Minutes of the Planning Commission, September 27, 2017, Continued:
�DRAFT CONDITIONS OF APPROVAL ❑DISPENSARY USE PERMIT
DRAFT DISPENSARY USE PERMIT CONDITIONS OF APPROVAL TO ALLOW
OPERATION OF A MEDICAL CANNABIS DISPENSARY
AT 1230 AIRPORT PARK BOULEVARD APN 180-080-77
FILE NO: 2841
1. Approval is granted to allow the operation of a dispensary as described in the Security
Plan, Business Operation Plan, Inventory Control Plan and Patient Recordkeeping Plan
submitted to the Planning and Community Development Department and date stamped
June 19, 2017 and September 19, 2017. As determined by the Community Development
and Planning Director and Chief of Police, any modifications to the plans listed above
may require an amendment to this Dispensary Use Permit.
2. All operations of the dispensary shall be in conformance with City of Ukiah Medical
Marijuana Dispensaries Ordinance (1176) adopted February 15, 2017.
3. Operation of the Ukiah Valley Holistics is allowed subject to the following:
A. Hours of operation 9:00 a.m. to 7:00 p.m. seven days a week.
B. 3 I�I-F�C❑C❑CRI�I�LL6�1[�NDK�CD HC3FD� Dl1�GD� LVS� I�HC
this Dispensary Use Permit is valid for one-year. Dispensaries Use Permits may be
renewed by the Zoning Administrator following the procedure described in Section
C❑C❑CRI�PAJ-I�W�I�NDK�[D HC3FD� D11��4DC,� LVSHQ/D11�M2 l�H�
From the Fire Marshal
4. All exit doors shall be equipped with lighted exit signage and emergency lighting with a
battery backup.
5. 0 DLQ�iC�1�RU�XV1�/Z LQJ�C�I[�U lU-�N[�ADY�K�R)CU�7
6. There may be other minor Fire Code additions when plans are submitted, ie. Address
location, and the need for additional fire extinguishers.
From the Buildinq Official
7. A building permit is required for any interior or exterior modifications to the building
deemed necessary for operation of the facility.
From Police Department
8. In the event of a change in ownership or management of the business, the City shall be
notified of the change in ownership/management. The new ownership/management shall
meet with the Planning Department and Police Department to review the conditions of
this Dispensary Use Permit. The new ownership shall indicate in writing of any
modifications to the uses allowed by this Dispensary Use Permit and shall identify the
proposed modifications. Any proposed modifications shall be reviewed by the Planning
Department and Police Department. The Planning Director shall determine if the
proposed modifications are consistent with the Dispensary Use Permit or require
approval by the Planning Commission.
Page 4 of 7
Minutes of the Planning Commission, September 27, 2017, Continued:
9. No minors are allowed on the premises.
10. The facility will be open to inspection at all times while the business is open and the
Ukiah Police Department will not be denied access.
11. Per Section 5708 H 9 UCC of the Medical Marijuana Dispensaries Ordinance. Upon
final approval of the project a prior to start of operations the police department shall be
provided with the names, e-mail addresses, phone number and facsimile number of an
on-site community relations staff person to whom one can provide notice it there are
operating problems associated with the dispensary.
Public Works Conditions
12. All applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the
time of building permit issuance.
Standard Citv Conditions of Approval
13. Business operations shall not commence until all permits required for the approved use,
including but not limited to business license, tenant improvement building permit, have
been applied for and issued/finaled.
14. No permit or entitlement shall be deemed effective unless and until all fees and
charges applicable to this application and these conditions of approval have been paid in
full.
15. The property owner shall obtain and maintain any permit or approval required by law,
regulation, specification or ordinance of the City of Ukiah and other Local, State, or
Federal agencies as applicable. All construction shall comply with all fire, building,
electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
at the time the Building Permit is approved and issued.
16. A copy of all conditions of this Dispensary Use Permit shall be provided to and be
binding upon any future purchaser, tenant, or other party of interest.
17. All conditions of approval that do not contain specific completion periods shall be
completed prior to building permit final.
18. This Dispensary Use Permit may be revoked through the Cit C�l&�FMN�LL�PAJ-i❑
approved project related to this Permit is not being conducted in compliance with these
stipulations and conditions of approval; or if the project is not established within two
years of the effective date of this approval; or if the established use for which the permit
was granted has ceased or has been suspended for 24 consecutive months.
19. This approval is contingent upon agreement of the applicant and property owner and
their agents, successors and heirs to defend, indemnify, release and hold harmless the
City, its agents, officers, attorneys, employees, boards and commissions from any claim,
action or proceeding brought against any of the foregoing individuals or entities, the
purpose of which is to attack, set aside, void or annul the approval of this application.
This indemnification shall include, but not be limited to, damages, costs, expenses,
attorney fees or expert witness fees that may be asserted by any person or entity,
including the applicant, arising out of or in connection with the City's action on this
application, whether or not there is concurrent passive or active negligence on the part
of the City. If, for any reason any portion of this indemnification agreement is held to be
Page 5 of 7
Minutes of the Planning Commission, September 27, 2017, Continued:
void or unenforceable by a court of competent jurisdiction, the remainder of the
agreement shall remain in full force and effect.
20. That the applicant obtain and maintain any required licenses and any other regulatory
licenses required to operate exactly as described by the applicant as submitted with the
Dispensary Use Permit application. Copies of any licenses obtained be supplied to the
City for inclusion in the use permit file with the City.
Recess: 7:20 p.m.
Public Hearing Reconvene: 7:26 p.m.
b. Discussion and possible recommendation to the City Council on several Ukiah Municipal
Code amendments regarding cannabis related businesses.
Presenters: Craig Schlatter, Community Development Director and Kevin Thompson,
Planning Manager.
Power Point presentation given by Kevin Thompson, Planning Manager and Darcy Vaughn,
Assistance City Attorney.
PUBLIC HEARING OPENED: 8:02 P.M.
Public Comment: City Councilmember Jim Brown, City Councilmember Maureen
Mulheren, Jeff Trouette, Larry Puterbaugh, Craig Litman, Millie Hickey, Daniel De Latona,
Amanda Reiman, PhD, Robert Werra.
PUBLIC HEARING CLOSED: 8:53 P.M.
Darcy Vaughn, Assistant City Attorney recommends the Planning Commission consider
that version of the draft Medical Marijuana Dispensary Ordinance pertinent only to the
provisions and/or clean-up items proposed/described in amendment 1 of the ordinance that
does not include any policy changes.
It was the consensus of the Commission to proceed with recommending City Council
approve�FiCO HC�FD� DII�GD� LVS�IQ�DIV� l�H��DG1�CSdanguage provisions of the
ordinance and defer recommending City Council adopt the Ordinance, as written until the
Commission has more information from the Medical Marijuana Dispensary Ordinance Ad
Hoc Committee as it pertains primarily to zoning and/or where the City is going to allow
cannabis-related businesses to operate, land use policy, cultivation (outdoor), limiting law
enforcement involvement and/or other matters concerning proposed cannabis-related
businesses. The Commission is appreciative of the background information the Medical
Marijuana Dispensary Ordinance Ad Hoc Committee has given that is necessary in order to
make sound and informed recommendations/decisions and gave direction to City staff as to
what further information they would like to have from the Ad Hoc Committee.
Motion/Second Watt/Hilliker to recommend City Council approve the proposed provisions
amending various sections of the Ukiah City Code to regulate Cannabis related businesses
and cannabis cultivation described in amendment 1 of the draft Medical Marijuana
Dispensary Ordinance. Motion carried by the following roll call votes: AYES: Christensen,
Hilliker, Watt, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
10. 3/ ❑1 1 ,1 ❑�,5❑�72 5 C6 C�❑32 5 7
Presenter: Craig Schlatter, Community Development Director.
Page 6 of 7
Minutes of the Planning Commission, September 27, 2017, Continued:
There was Commission/staff discussion regarding possible formulation of a City resolution
to modify the order of the Ukiah Planning Commission meeting agenda.
11. 3/ ❑1 1 ,1 ❑�2 0 0 ,66,2 1 �56�❑32 57
Presenter: Commissioners Watt, Hilliker and Whetzel.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:43 p.m.
Cathy Elawadly, Recording Secretary
Page 7 of 7
Cathy Elawadly
From: Kevin Thompson
Sent: Wednesday, September 27, 2017 11:17 AM
To: Cathy Elawadly 1�,�,�C��hmGf1� � `
Subject: FW: Planning commission
------__
Correspondence for tonight.
From:Christopher J.Watt, C.E.G [mailto:WattC@lacoassociates.com]
Sent: Wednesday, September 27, 2017 9:59 AM
To: Kevin Thompson
Subject: Fwd: Planning commission
Sent from my iPhone 7 Plus
Begin forwarded message:
From: �deborahsena,att.net>
Date: September 27, 2017 at 9:38:06 AM PDT
To: Linda Sanders �kaderli(u��uno.com>, Christopher Watt �wattc(a7lacoassociates.com�
Subject: Planning commission
Dear Chris and Linda,
I am sorry to be sending you Planning Commission business via personal email. I cannot make
tonight's meeting and I am not sure how else to send a letter to the commission. There is no
mechanism on the city website for contacting the commissioners.
Would you please be willing to share my letter at the meeting?
Thank you, Deborah
---------------------.._.._....___....
Dear Planning Commission,
I am writing to request that you do not change the city marijuana ordinance to allow outdoor
grows in secured greenhouses. The prohibition on all outdoor grows was enacted in 2005 for a
reason. In one example, a single mom I know with a 3 year old woke one morning and
discovered a dead man in her back yard, the body of someone trying to climb over her fence to
get to a neighbor's pot grow. The house was one block from Yokayo School.
Though the plants would be enclosed, the incentive for robberies and trespassing would be
strong. A greenhouse is much easier to break into than a house; the walls and doors are thinner
and there are fewer deterrents such a person or dog inside. The City Council did the right thing in
prohibiting all outdoor grows in 2005 and should keep the niles intact now. Ukiah would not be
alone. Cities all over California, including Albany and Palo Alto, have enacted outdoor growing
bans and inany more are considering a ban, citing public safety and crime reduction.
i
Thank you for your consideration of this letter.
Sincerely,
Deborah Edelman
iJlciah
�
Cathy Elawadly
�°�'�`t���{7;.'il� Y'I� oL-
From: Maureen Mulheren<mo@maureenmulheren.com>
Sent: Wednesday, September 27, 2017 12:22 PM
To: Amanda Reiman; Planning Department
Cc: Kevin Thompson
Subject: Re: Comments on cannabis ordinance
Thank you for your comments! See you tonight!
Mo
Maureen Mulheren
#OG38950
304 N State Street
Ukiah, CA 95482
707-391-3664 c
www.maureenmulheren.com
On Wed, Sep 27, 2017 at 11:32 AM -0700, "Amanda Reiman" �amanda(c�flowkana.com:� wrote:
Hello,
Please find attached my comments regarding the cannabis ordinance that will be heard tonight. I will also be attending the meeting to
make public comment but wanted you to have a copy of my recommendations.
Best,
Amanda
Amanda Reiman PhD MSW
Vice President of Community Relations
Amandarc�,flowkana.com
info�flowcannabisinstitute.com
��•ww.flowcannabi sinstitute.com
i
To the Planning Commission,
First, I want to congratulate the city on developing a very workable ordinance for regulating can-
nabis within the city limits. It is important to take broad strokes in order to bring as many current
operators into compliance as possible. I do have some suggestions that I feel will improve the
program, ensure that local businesses can obtain state licenses in a timely fashion, and meet the
goals of preserving public health and safety for the community.
1.Sun grown cultivation should be allowed without a greenhouse if conditions are met.
The protection of 6 plants for personal cultivation was driven by a desire to ensure that
adults, regardless of income, could cultivate and consume cannabis if so desired. The more re-
quirements placed upon this right, the greater the barrier for someone who cannot, for example,
afford to construct a greenhouse on their property. Cultivating six plants indoors can add up to
fifty seven refrigerators worth of energy to that household annually. AUMA states that personal
cultivation should be indoors, outdoors in a greenhouse, OR outdoors and away from public
view. Given the rural nature of our community, it is not hard to imagine a situation where six
plants could be cultivated outside without being able to observe them from the street or a neigh-
bor's yard.
For commercial cultivation, the city should consider the variable energy usage from dif-
ferent methods of cultivation. When considering a 22,000 square foot grow (which is a medium
license type at the state level), please see the included chart on energy consumption. Making in-
door cultivation the preferred method of cultivation will greatly increase the carbon footprint of
the city.
Tlaerefore, I reco»�»ze�zd tlzat th�� ordi�zancc be ame�zded to alloit�pe�sonal cultil�ation to oc-
cur indoors, outdoors in a greenhouse or outdoors as long at it is away from public view. And,
that commercial cultivation in energy efficient structures be prioritized and incentivized.
2. Dispensaries should be allowed to have on site consumption and/or consumption lounges
should be licensed.
On site consumption is an important part of harm reduction and public safety. The reason
we have bars for alcohol consumption is because it is dangerous for people to be drinking out in
the streets. Bars bring people who want to consume alcohol into one place where they can be
monitored for safety. Cannabis, while posing fewer dangers than alcohol, is a similar situation.
Legalizing cannabis but giving consumers no place to safely consume creates a public safety
hazard. This is will be especially important for tourists who do have homes in the area and will
likely end up consuming in their cars or public spaces.
Additionally, like the issue of personal cultivation, limiting consumption to private homes
unfairly targets low income people who might be living in a hotel or shared housing where they
cannot consume. This is particularly hard on medical cannabis patients.
Therefore, I recommend allowing licensed dispensaries to apply for an enhanced license
that would allow on site consumption. Additionally, the city should license consumption lotrnges
that do not engage i�z sales, but i•atlier seive food and�aon alcoholic beve�•ages.
3. State timeline
The Bureau of Cannabis Control on the state level has consistently stated that they will is-
sue applications for licenses in December of 2017, and temporary licenses to operate in January
2018. In order to obtain this temporary(6 month) permit from the state, the applicant has to
prove local authorization via a local permit or other indicator from their locality that they will be
approved to operate once they receive their state license. If the city does not finalize their ordi-
nance before the state applications come out, there is nothing to stop local cannabis businesses
from applying for state permits. In this case, the state will contact the locality to ask of the apply-
ing business has been approved, in the absence of a response within 60 days, the state will as-
sume the business has approval.
It is very important that the city decide how to differentiate between businesses on their
way to state compliance and those who are not before the state licensing system commences. Ad-
ditionally once the state licensing program begins, licensed businesses will only be able to work
with other licensed businesses. This threatens the supply chain locally if local authorization has
not yet been granted.
Therefore, I recommend that the city develop a mechanism for temporary permitting at the
local level ahead of December 2017.
Again, this is a fantastic start, and I believe that Ukiah can lead the way in sensible cannabis reg-
ulation for the county. I am happy to provide any assistance I can moving forward.
Best,
Amanda Reiman PhD MSW
Vice President, Community Relations
Flow Kana
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CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 11, 2017
6:00 p.m.
COMMISSIONERS PRESENT COMMISSIONERS ABSENT
Mike Whetzel, Chair
Christopher Watt
Laura Christensen
Mark Hilliker
Linda Sanders
STAFF PRESENT OTHERS PRESENT
Craig Schlatter, Community Development Listed below, Respectively
Director
Adele Phillips, Associate Planner
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
The minutes from the September 27, 2017 meeting will be available for review and
approval at the next regular Planning Commission meeting.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
6. APPEAL PROCESS
Note: For matters heard at this meeting the final date to appeal is October 23, 2017, at
5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
Page 1 of 6
Minutes of the Planning Commission, October 11, 2017, Continued:
a. Garton Tractor± Request for approval of a Major Site Development Permit to allow the
construction of a 7,500 ± sf inetal building to house support services for Garton Tractor at
285 Talmage Rd, APN 003-230-34. File No.: 2789 SDP-PC.
Presenters: Craig Schlatter, Community Development Director and Adele Phillips,
Associate Planner.
Power Point presentation given by Adele Phillips, Associate Planner.
Note:
• There was Commission/staff discussion regarding the parking
plan/accommodations, particularly with regard to providing adequate ADA
accessible parking on the site.
• Planning staff recommended adding language to project Condition of Approval #15
U9,�OC�IMN�DFFMME�IC�DID�LQJ�-I�L1,PoI��1,64�fb1� e allowed to
encroach into the ADA parking spaces�
PUBLIC HEARING OPENED: 6:17 P.M.
Public Comment: / DW� �1Fl41PoF1��SS�DQ�5 HSId-M�f'�I�/dIDC3�
Campbell, applicant.
PUBLIC HEARING CLOSED: 6:22 P.M.
Commissioner Hilliker referred to page 4 of the staff report, staff analysis, agency
comments DQQDGYLVFIQI�9J-1�1J FiC��NDK[�D�I�WH� �I+K�enamed �NDK❑
9 D�II�I WH[��
Motion/Second Watt/Christensen to approve Garton Tractor Major Site Development
Permit to allow the construction of a 7,500 ± sf inetal building to house support services,
File No. 2789-SDP-PC with final Findings in attachment 1 and final Condition of Approval
in attachment 2 of the approval agreement letter, with modification to Condition of Approval
#15. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, Sanders,
Watt, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
10. 3/ C1 1 ,1 C�,5❑�72 5 [�[� ❑32 5 7
Presenter: Craig Schlatter, Community Development Director.
There was Commission/staff discussion about whether or not it would more effective if staff
provided less detail on project presentations and allow the applicant to more fully provide
that information. Additionally, providing more background information concerning projects
may be an approach to consider and how this can best be accomplished.
There was further discussion about the best course of action for review of City ordinances
such that the Planning Commission as a land use decision-making body is adequately
informed should the ordinance involve an Ad Hoc committee.
11. PLANNING ❑2 0 0 ,66,21 C56�5❑32 57
Presenter: Commissioners Watt, Hilliker and Whetzel.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 6:50 p.m.
Page 2 of 6
Minutes of the Planning Commission, October 11, 2017, Continued:
Cathy Elawadly, Recording Secretary
ATTACHMENT 1
FINDINGS TO ADOPT A MAJOR SITE DEVELOPMENT PERMIT
GARTON TRACTOR
285 TALMAGE ROAD; APN 003-230-34
FILE NO.: 2789
Recommendation for the Approval of the Major Site Development Permit. The
Planning Department's recommendation for conditional approval of Major Site
Development Permit for the construction of a 7,500± sf inetal building at an existing farm
LP S�P F-K�-D�IL`u14�S�3 DIY��PQFi�R�Z LQ1 tiLQC3QJ VC[�Iq-I�IQQQJ Vb
are supported by and based on information contained in the staff report, the application
materials and documentation, and the public record.
1. The Project, as conditioned, is consistent with the goals and policies of the General Plan,
as described in the staff report. 2. The location, size, and intensity of the proposed
project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern.
2. The accessibility of off-street parking areas and the relation of parking areas with respect
to traffic on adjacent streets will not create a hazardous or inconvenient condition to
adjacent or surrounding uses.
3. Sufficient landscaped areas have been reserved for purposes of separating or screening
the proposed structure(s) from the street and adjoining building sites, and breaking up
and screening large expanses of paved areas.
4. The Project will not restrict or cut out light and air on the property, or on the property in
the neighborhood; nor will it hinder the development or use of buildings in the
neighborhood, or impair the value thereof.
5. The Project will not have a substantial detrimental impact on the character or value of an
adjacent residential zoning district.
6. The Project will not excessively damage or destroy natural features, including trees,
shrubs, creeks, and the natural grade of the site.
7. There is sufficient variety, creativity, and articulation to the architecture and design of the
structure(s) and grounds to avoid monotony and/or a box-like uninteresting external
appearance, as determined by the Design Review Board.
Notice of the Public Hearing was provided in the following manner:
0 published in the Ukiah Daily Journal October 1, 2017
� posted on the Project site October 2, 2017
� posted at the Civic Center (glass case) 72 hours prior to hearing
Page 3 of 6
Minutes of the Planning Commission, October 11, 2017, Continued:
0 mailed to property owners within 300 feet of the parcels included in the Project on
September 27, 2017.
ATTACHMENT 2
CONDITIONS OF APPROVAL
TO ADOPT A MAJOR SITE DEVELOPMENT PERMIT
GARTON TRACTOR
285 TALMAGE ROAD; APN 003-230-34
FILE NO.: 2789
The following Conditions of Approval shall be made a permanent part of Major Site
Development Permit No. 2789, 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 construction of a 7,500± sf
metal building to provide a tractor wash bay and 5 service bays at 285 Talmage Road.
APN 003-230-34.
STANDARD CONDITIONS OF APPROVAL
1. Approval is granted for the subject project as described in the project description and
associated materials submitted to the Community Development Department and site plan
date stamped September 14, 2017.
2. Plans submitted for building permit shall be in substantial conformance with the plans
conditionally approved by the Planning Commission.
3. Signs require application for and approval of a Sign Permit from the Planning and
Community Development Department.
4. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m. to
4:00 p.m., unless specifically approved by the Public Works Director. Construction is
prohibited on Sundays and holidays recognized by the City of Ukiah, unless approved by
the Public Works Director. Interior construction is exempt from these hours provided that
construction noise is not audible at the project property lines.
5. On plans submitted for building permit these conditions of approval shall be included as
notes on the first sheet.
6. 714�/t6 LUbl�7 M'FI�'SP I�Fil�W�DCC�H�UiYRN�GdFQl6vCJ K�i��[7�l'�Q�l6�FMN[LL�i❑
approved project related to this Permit is not being conducted in compliance with these
stipulations and conditions of approval; or if the project is not established within two years
of the effective date of this approval; or if the established use for which the permit was
granted has ceased or has been suspended for 24 consecutive months.
7. This approval is not effective until the 10-day appeal period applicable to this Site
Page 4 of 6
Minutes of the Planning Commission, October 11, 2017, Continued:
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.
8. No permit or entitlement shall be deemed effective unless and until all fees and charges
applicable to this application and these conditions of approval have been paid in full.
9. The property owner shall obtain and maintain any permit or approval required by law,
regulation, specification or ordinance of the City of Ukiah and other Local, State, or
Federal agencies as applicable. All construction shall comply with all fire, building,
electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
at the time the Building Permit is approved and issued.
10. A copy of all conditions of this Site Development shall be provided to and be binding
upon any future purchaser, tenant, or other party of interest.
11. This approval is contingent upon agreement of the applicant and property owner and their
agents, successors and heirs to defend, indemnify, release and hold harmless the City,
its agents, officers, attorneys, employees, boards and commissions from any claim,
action or proceeding brought against any of the foregoing individuals or entities, the
purpose of which is to attack, set aside, void or annul the approval of this application.
This indemnification shall include, but not be limited to, damages, costs, expenses,
attorney fees or expert witness fees that may be asserted by any person or entity,
including the applicant, arising out of or in connection with the City's action on this
application, whether or not there is concurrent passive or active negligence on the part of
the City. If, for any reason any portion of this indemnification agreement is held to be void
or unenforceable by a court of competent jurisdiction, the remainder of the agreement
shall remain in full force and effect.
12. Use of the facility shall not commence until all permits required for the approved use,
including but not limited to business license, building permit, or other have been applied
for and issued/finaled.
13. In addition to any other condition imposed, any construction shall comply with all
building, fire, electric, plumbing, occupancy, and structural laws, regulations and
ordinances in effect at the time the Building Permit is approved and issued.
SPECIAL CONDITIONS OF APPROVAL
14. All exterior lighting shall be compliant with International Dark Sky standards: lighting must
be shielded and downcast, and not have a Correlated Color Temperature (CCT) greater
than 3000K.
15. Owner/Applicant shall maintain the 21 parking spaces identified on the site plan date
stamped September 14, 2017, for staff and customer parking only, and not for retail
display. No inventorv shall be allowed to encroach into the ADA parkinq spaces.
16. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and
tested, and repaired or replaced if required.
17. Sewer connection shall be limited to domestic discharge. Sewer connection fees shall be
paid at the time of building permit issuance.
Page 5 of 6
Minutes of the Planning Commission, October 11, 2017, Continued:
18. Applicant shall upgrade existing sidewalk along the subject property frontages (Talmage
Road and Hastings Road) to meet ADA requirements, including at all existing driveway
approaches and the curb ramp. The connection to Hastings Road shall include an ADA
driveway approach and be paved a minimum of 20 feet behind the driveway apron.
19. 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
20. All driveway and parking areas shall be paved with asphaltic concrete, concrete, or other
alternative surfacing, subject to approval by the City Engineer. Note that equipment
storage areas or secondary access will not require paving.
21. Should improvements exceed 10,000 square feet of new or replaced impervious surface,
post-construction storm water mitigation measures may be required.
22. Prior to issuance of building permit, all future site improvements shall be submitted to the
Electric Utility Department for review and comment. There is an existing 200A Service
Panel that feeds the existing shop. Applicant/Owner shall determine estimated power
demand load/kVA and load calculation information of the additional footage and/or
proposed service panel/project.
23. Any fees associated with the addition or replacement of any existing or upgraded
electrical facilities (such as transformers or secondary conductors) to the proposed
building site at 285 Talmage Road will be the responsibility of the Applicant/Owner.
24. 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.
Page 6 of 6
AGENDA ITEM NO. 9A
Department of Community Development and Planning
300 Seminary Ave.
Ukiah, CA 95482
���� �� ����� planning@cityofukiah.com
1 DATE: October 25, 2017
2
3 TO: Planning Commission
4
5 FROM: Adele Phillips, Associate Planner
6
7 SUBJECT: Request for Review and Recommendation regarding a Dispensary Use Permit to
8 operate a Medical Marijuana Dispensary at 904 N State Street. File No.: 2652-
9 UP-PC
10
11
12
13 SUMMARY
14
15
OWNER: Kevin Nguyen
1020 Maple Ave.
Ukiah, CA 95482
APPLICANT/AGENT: Steely Inoue
530 S School St.
Ukiah, CA 95482
REQUEST: Medical Marijuana Dispensary Use Permit in an existing vacant
commercial building of±1,680 sf in area.
(See Attachment 1, Project Application Materials)
DATE DEEMED COMPLETE: October 4, 2017
LOCATION: The northwest corner of the intersection of North State Street
and Low Gap Road / Brush Street; 904 N State St. APN: 001-
351-39
TOTAL ACREAGE: 0.533 A
GENERAL PLAN: Commercial (C)
ZONING DISTRICT: Community Commercial (C1)
ENVIRONMENTAL Exempt, pursuant to CEQA Guidelines §15301, Class 1,
DETERMINATION: Existing Facilities; and, §15303(c), Class 3, New Construction
or Conversion of Small Structures.
RECOMMENDATION: Conditional Approval
STAFF PLANNER: Adele Phillips
1 PROJECT DESCRIPTION
2
3 An application has been received from Steely Inoue, CEO of Dogwood Pacific Inc., for approval
4 of a Dispensary Use Permit to allow the establishment of a Medical Marijuana Dispensary
5 ("dispensary") in a vacant commercial structure located at 904 N State St. The project includes
6 minor improvements of the existing commercial building, including the replacement of existing
7 windows, installation of a new front entry, and remodel of two existing bathrooms to meet ADA
8 standards.
9
10 The subject property comprises 0.0533 A (±2322 sf), and includes an existing vacant
11 commercial structure, parking lot, street trees, and landscaping. The ±1,680 sf structure will be
12 divided into the following primary uses: ±478 sf for medical cannabis display and sales, ±207 sf
13 for cashiers, ±210 sf for staff breakroom, no greater than 150 sf for cannabis retail smoking
14 devices, accessories, merchandise, and apparel. The remaining area is to be used for waiting
15 room, storage, and restrooms.
16
17 The project site has 11 primary parking spaces in the front of the building, which includes 1 ADA
18 parking space. Additionally, there are 9 parking spaces behind the building that will be used for
19 employee, guest, vendor, and customer overflow parking. A former bank, the structure has a
20 drive-through teller awning and a free-standing sign, neither of which are proposed for use as
21 part of this project.
22
23 The proposed activities for the dispensary are: medical cannabis sales, cannabis nursery stock
24 sales, the sale of retail goods, and provision of general medical cannabis information. The
25 dispensary will serve qualified medical marijuana patients only. Hours of operation will be 9:00
26 am — 9:00 pm, Sunday thru Saturday. Employees may be on site from 7:00 am to 10:30 pm to
27 conduct opening and closing procedures. There will be a minimum of 6-8 staff inembers,
28 comprising at least 1 receptionist, 1 store manager, 2 cashiers/customer service staff, 2 security
29 guards, and 1 inventory specialist. Staffing will fluctuate according to patient customer levels.
30 Estimated daily patient and customer visit numbers are 40-50 patients a day.
31
32 Setting. The project is situated on the northwest corner of the intersection of N State St. and
33 Low Gap Rd / Brush St., and is accessible via both N State St. on the east side of the property
34 as well as via Low Gap Rd on the south side of the property. Built sometime prior to 1966, the
35 structure was added onto in 1978 to achieve the form in which it exists today.
36
37 The project is adjoined to the north, south, and east by commercial uses including a tire store,
38 convenience store, mortuary, and restaurant. To the west the subject property is bounded by
39 the Days Inn hotel, with residential subdivision existing beyond.
GENERAL PLAN ZONING LOT SIZES USES
Community Commercial
North ; Commercial (C) �C�� ±0.58 acres : Restaurant
:...................................................................:. .... .... ............................. ............................:.................................................:.......................................................................
±0.54— 0.5 : Gas Station /
East C Heavy Commercial (C2) acres Automotive
:...................................................................:.........................................................................................:.................................................:.......................................................................
South C C1
±0.93—0.48 : Automotive
acres
: :........................................................................................:................................................:.......................................................................
West C C1 ±1.19 acres : Hotel
40
Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
2
1
2
3 Figure 1. General Plan Land Use Category
4
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Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
3
1
2 Figure 3. Aerial View
3
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5
6 Agency Comments. On September 20, 2017, project referrals were sent to the following
7 responsible or trustee agencies with jurisdiction over the Project: Ukiah Valley Fire Authority,
8 City of Ukiah Public Works Department, City of Ukiah Police Department, and City of Ukiah
9 Electric Utility. The agencies' recommended conditions of approval are contained in Attachment
10 2, and a brief description of the submitted agency comments are listed below. Any comments
11 that would trigger a project modification or denial are discussed in full in the following section.
12
AGENCY RESPONSE RESPONSE DATE
Ukiah Valley Fire Authority Conditions of Approval September 27, 2017
Standard fire and life safety requirements; see Conditions of Approval
........................................................................................................................................................................
City of Ukiah Public Works Conditions of Approval October 6, 2017
Standard conditions
_ _
City of Ukiah Police Dept. Comments October 2, 2017
No disqualifying info submitted. Standard Crime Prevention Through Environmental
Design recommendations.......... _.
_
City of Ukiah Electrical Utility No Comments October 11, 2017
13
Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
4
1
2 STAFF ANALYSIS
3
4 1. General Plan and Zoning Consistency
5 The General Plan land use designation for the parcel is Commercial. This land use designation
6 identified lands where commercial uses may locate. The project is consistent with the following
7 goals and policies of the General Plan:
8 Goal GP-2: Promote business development, emphasizing local ownership of businesses
9 in order to keep capital and growth within the community.
10 Goal CD-7: Improve the appearance of area gateways.
11 The project utilizes a property located at a busy, highly visible intersection that has been sitting
12 vacant in recent years. The building will be modernized and brought into compliance with
13 current building and fire code. Minor exterior improvements will also be made, creating an
14 improved street presence at a very visible location. Furthermore, the project will provide an
15 employment opportunity near residential areas.
16
17 The project is in the Community Commercial (C1) zoning district as described in Ukiah City
18 Code §9080-9088, and subject to the requirements contained therein. The project meets the
19 development standards of the C1 district. The proposed commercial use is in keeping with the
20 stated permitted uses of the zoning district.
21
22
23 2. Medical Marijuana Dispensaries Ordinance No. 1176 Consistency
24 The project is subject to the criteria contained in the Medical Marijuana Dispensaries Ordinance.
25 Staff has summarized the critical criteria found in the Medical Marijuana Dispensaries
26 Ordinance §5709 as follows:
27
28 1. Basic application information about the applicant. The applicant has provided current
29 and previous addresses, photographs, employment, and tax history. Citing confidentiality
30 reasons, the applicant requests that personal information not be made public, and the
31 Community Development Department agrees with this request.
32
33 2. Neighborhood Context Map. Dispensaries are not permitted within 250 feet of a "Youth
34 Oriented Facility" without Planning Commission approval of a waiver, or within 600 feet
35 of a school (State requirement, no waiver available). The applicant provided maps
36 (Attachment 1) to demonstrate the project site meets this criterion, and which are
37 summarized in Figure 4 below.
38
39 3. Security Plan. The application provided a security plan that has been reviewed and
40 approved by the Ukiah Police Department. Citing confidentiality reasons, the applicant
41 requests that the security plan not be made public, and the Ukiah Police Department
42 agrees with this request.
43
44 4. Plans of Operation. The applicant has provided a proposal detailing the business's plan
45 of operations, inventory control, and management of patient records (Attachment 1).
46 These documents provide the details of the business operation, employee training, and
47 methods of tracking patients among other things.
48
49 5. Criminal 8ackground- a Live Scan was performed and the applicant has been cleared by
50 the Ukiah Police Department.
Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
5
1
2 6. Floor Plan. A professionally drawn floor plan that meets the criteria of the ordinance has
3 been included in the application (Attachment 1). The Ordinance requires a lobby waiting
4 area, a separate and secure designated area for dispensing medical marijuana, an
5 entrance clear of barriers and landscaping, and an electronic buzz-in entryway. The
6 Ordinance allows no more than 150 sf of display area for retail items. This proposal
7 includes ±100 sf of display area.
8
9 7. Odor Control. In order to control odors, the applicant is proposing that the air be filtered
10 through the use of multiple carbon and HEPA filters as part of a well-maintained HVAC
11 system for the entire facility (Attachment 1). Smoking or vaping of cannabis will not be
12 allowed on the premises.
13
14 8. Use Permif Renewa/. The Use Permit will expire one year following the date of issuance.
15 Dispensary Use Permits may be renewed by the Zoning Administrator for additional one-
16 year periods provided findings established in the Ordinance can be made. Generally,
17 findings include the number of police service calls, evidence of excessive secondary
18 criminal activity in the neighborhood, nonpayment of fees, an omission of facts on the
19 renewal application, and subsequent felony convictions.
20
21 Figure 4. Neighborhood Context
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Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
6
1 3. California Environmental Quality Act
2 The proposed project is exempt from the provisions of the California Environmental Quality Act
3 (CEQA) pursuant to §15303(c) Class 3, Conversion of Small Structures; and, §15301 Class 1,
4 Existing Facilities based on the following:
5 The site is developed with an existing building and parking lot, and utilities and services
6 are already available at the site. No expansion of the existing building footprint is proposed
7 as part of the project.
8 The proposed project does not involve hazardous materials;
9 The location is not environmentally sensitive and does not include any drainage courses
10 or bodies of water(such as creeks or streams).
11
12
13 DECISION TIMELINE
14
15 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The
16 PSA requires that a decision be made on the project within 60 days of the application being
17 deemed complete. This application was submitted to the Community Development Department
18 on April 4, 2017, and was deemed incomplete on September 19, 2017. As such, a decision
19 must be made on the project no later than November 19, 2017. The applicant may request a
20 one-time extension of the decision timeline.
21
22
23 NOTICE
24
25 Notice of the Public Hearing was provided in the following manner:
26 published in the Ukiah Daily Journal October 15, 2017;
27 posted on the Project site October 12, 2017;
28 posted at the Civic Center (glass case) 72 hours prior to hearing; and,
29 mailed to property owners within 300 feet of the parcels included in the Project on
30 October 12, 2017.
31
32 As of the writing of this staff report, no correspondence had been received from the public as a
33 result of the public notice.
34
35 RECOMMENDATION
36
37 Staff recommends Planning Commission 1) conduct a public hearing; 2) approve the
38 Dispensary Use Permit based on the facts and findings found in the staff report and Draft
39 Dispensary Use Permit Findings, and subject to the Draft Conditions of Approval.
40
41 ATTAC H M ENTS
42 1. Project Description, Plans, and Maps
43 2. Draft Conditions of Approval
44 3. Draft Dispensary Use Permit Findings
45 4. Medical Marijuana Dispensary Ordinance No. 1176
46 5. Comment Letter, Sean Kaeser, UPD Administrative Lieutenant
Staff Report
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
7
Steely Inoue
Dogwood Pacific, Inc.
530 5.School 5treet
U kia h CA, 95482
5ubject: Dispensary Use Permit Application#2652-UP-PC Dogwoad
APN 001-351-39;904 N State 5t.
Amended Project Description:Additional Info requested for permit application
The following information is to amend the project description previously submitted for the Dogwood
Dispensary Application.
Pleuse amend the fo!lowing items from our opplication: Written Project Description(§5709(FJ13J:Flease
provide a concise descrip[ion stating in no mare Than 1 -2 paragraphs the fu1!scope of the propasal,
including:the ful!scope of attivities praposed on site(dispensing, nursery,farm tours, retai!crre each
mentioned at same point in the opplication)and the ossociated square footage of each use;staffing
q�ontity;hours of operotion;availoble parking;anticiputed customers and trn�c;and, exrsting and
proposed development, as we11 as any phasing(applicaiion mentions installation of modular structure as � '
Phase IIJ. Please see example aitoched,
'��E G-� Dogwood has filed an application with the city of Ukiah for a Medical Cannabis Dispensary Use permit.
The proposed dispensary site is located at 9U4 N.State Street in Ukiah;located on the corners oF N.
��S������ State Street and Low Gap road.This project includes the improvement of the existing commercial
building;including painting the exterior brick, replace existing windows and installing a new exterior
front door. Landscaping throughout the entire property will be redesigned using rocks,dogwood trees
and drought tolerant plants.
The proposed activities for the dispensary are: medical cannabis sales, cannabis nursery stock sales,
retail gaods/merchandise safes, and general medical cannabis information.The square footage
designated for the medical cannabis display and sales floor is 478.5 5quare feet. The square footage for
cashiers is 206.608 sq.ft.The a�nount of square footage dedicated to emplayee breakroom is 210.d33.
Cannabis retail smoking devices,accessories, merchandise and apparel will be limited to under 150
Square feet of sales and display space.Two existing bathroom5 will be modified according to ADA
standards. Hours of operation will be 9am-9pm,Sunday thru Saturday.Considering opening and closing
procedures,employee hours of operation wil! be 7am—10:30pm.Staffing will fluctuate according to
patient customer le�els.There will be a minimum of 5-8 staff inembers(at least 1 receptionist, 1 store
manager, 2 cashiers/tustomer service, 2 security guards and 1 inventory specialist)scheduled at any
given time during operating hours. Estimated daily patient customer visit numhers are at 40-50 patients � '
a day.The property has 10 primary parking spaces in the front of the building and 1 ADA parking space.
In addition,there is an additional 9 parking spaces behind the building that will be used for employee,
guest,vendor and customer o�er flow parking.
RECE�VE�
Dogwood DispensaryApplication SEP 1 � 2017
Amended Project Description
CITY OF UKIAI�
HUi1.DTNC1 PLANNING DEPAR'1'M�iV"1`
Dogwood Dispensary Application Packet
Dogwood Industries, Inc.
Steely Inoue, CEO
707-734-3243
steely@dogwood.life
530 S. School Street Ukiah CA 95482
EXPLORE � IMAGINE � REJOICE � INVIGORATE � INSPIRE
MISSION STATEMENT
We aim to create a new kind of Cannabis Dispensary.
To reinvent and enrich the customer experience. To provide a space that invites one to
explore the depths of their imagination and assists in the excitement of their own discoveries.
To procure and take great care of the finest cannabis products and to further design new
ways of their deployment, display and education.
To support the cannabis provider and take time to nurture those relationships. To allow
providers to express themselves and share their products to the best of their ability.
To provide a place for creativity, integration, and inspiration.
To rejoice and celebrate the wonders of the world and this life we share together
Our mission is to invigorate the return to nature through the holistic discovery and deeper
connection with the powerful cannabis plant.
VALUES STATEMENT
With great courage, equanimity and anticipation, we embark on a new frontier together.
Within this pursuit, we take time to revel in the journey, to enjoy every experience together, as
well as celebrate the achievement of our goals and the true realization of our dreams.
We encourage work/ life balance. We reward hard work and we relish the times at play.
Through the process of communication, we work as a team to solve problems, but also allow
problems, when necessary, to solve the team.
When the complexities of the voyage are simply explained, we reach to explore those spaces
that simply exist without the need for an explanation.
We are dynamic. We are a force. We are the wind that blows the seed.
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EXPLORE IMAGINE DESIGN INVIGORATE INSPIRE
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(1) Applicant(s) Name
Full name: Steelyn Daniel Inoue
Alias, other legal names
Present Address: 15551 Forest View Road, Manchester Ca 95459
Telephone Number: 707-734-3243
Full name: Mike Berg
Alias, other legal names
Present Address: 4126 Keever Ave, Long Beach, CA 90807
Telephone Number: 714-328-2943
(2) Applicant(s) Mailing Address
Steely Inoue: PO Box 2067 Ukiah, CA 95482
Mike Berg: 4126 Keever Ave, Long Beach, CA 90807
(3) Previous Addresses
(4) Verification of Age
Steely Inoue was born
Mike Berg was born on
(5) Physical Description
Steely Inoue- Height:
Mike Berg-Height:
(6) Photographs
Passport quality photographs for identification purposes provided. See figures 6.1 and 6.2
(7) Employment History
Applicant: Steely Inoue
Employer: Berkeley Patients Group 2004-2016 {General Manager, Medical Cannabis
Dispensary}
Employer: Cthulhu Entertainment, Inc. 2012-Present {Director, Music Marketing, Promotions,
Production, Events}
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
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Dogwood Industries, Inc.
Employer: Emeralds Holding Co. 2016-Present {CEO, Property Development, Asset
management, Acquisitions/Mergers, Management, Marketing, Product Development,
consultation}
Employer: Dogwood Industries, Inc. 2017-Present{CEO, Medical Cannabis Dispensary
management}
Employer: Dogwood Herbal Society, Inc. {CEO, mutual benefit non-profit corporation for the
cultivation of organic medicinal cannabis}
Applicant: Mike Berg
Employer: Dante's Grill, Inc. 2005-2016 {Catering Company, Events}
Employer: Emeralds Holding Co. 2016-Present {COO, Property Development, Asset
management, Acquisitions/Mergers, Management, Marketing, Product Development,
consultation}
Employer: Dogwood Industries, Inc. 2017-Present{COO, Medical Cannabis Dispensary
management}
Employer: Dogwood Herbal Society, Inc. {C00, mutual benefit non-profit corporation for the
cultivation of organic medicinal cannabis}
(8) Tax History
N/A
Dogwood Industries, the Dispensary, is a new business as of 2017 and has no business tax
history. Nor has it officially been operating business aside from the pursuit and preparation of
an application of the City of Ukiah Medical Cannabis Dispensary business permit.
Nor has this organization previously operated in this or another city, county or state
under license, nor has had a business license revoked or suspended.
(9) Management Information.
The name and addresses of the person having the management or supervision of the business:
Steely Inoue, CEO
Address: 15551 Forest View Road, Ca 95459
Mailing Address: PO Box 2067 Ukiah Ca 95482
Phone Number: 707-734-3243
Email address: www.steely@dogwood.life
(10) Criminal Background
Any person having the management or supervision of the business will authorize and initiate a
background investigation to verify whether the person having the management or supervision
of the business has been convicted of a crime(s), the nature of such offense(s), and the
sentence(s) received therefore.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(11) Employee Information
Number of employees, volunteers, and other persons who will work at the Dispensary:
Unknown. Greater than 15. Less than 35.
(12) Plan of Operations
(A) The Dispensary will not engage in retail sales of inedical marijuana that violate
California law or this Chapter. All retail sales of inedical marijuana will be tracked using BioTrack
THC for our POS and Inventory Management needs. BioTrack THC has been awarded
government compliance contracts for over 6 statewide programs. BioTrack allows for
sophisticated real time tracking of all inventory and point of sale demands. Special attention
and emphasis will be spent on compliance and inventory tracking. We will establish strict
inventory protocols and operating procedures that ensure that all medicine is stored safely and
securely from point of purchase from patient vendors to the point of sale. We will be
performing bi monthly inventory audits to ensure product inventory accuracy to the desired 98-
99 percentile. The general manager will be accountable for maintaining consistent and accurate
inventory controls and reporting.
(B) The dispensary has established controls that will assure medical marijuana will be
dispensed to qualifying patients or caregivers only. As stated we have built into our operating
procedures a system of checks and balances that assure that only qualified patients and
primary caregivers can purchase medicine from our dispensary; 1. The front security guard
checks all ID's and verifies all cannabis recommendations prior to entering the front reception
area of the facility. 2. The patient member or primary caregiver then must present ID for the
receptionist to check them against the patient database and if they qualify, admit them for
entry. 3. The patient member or primary care giver must present the cashier/dispensary
specialist with their ID so that they can pull them up and attribute the sales transaction for the
right person.
This process of controls allows for three separate opportunities to establish whether a patient
qualifies for purchasing medicine from the dispensary. Security and dispensary staff will be
trained and kept current with all existing laws as part of an ongoing basis. The department
managers will be responsible for maintaining strict compliance to all laws and regulations. The
General Manager will be accountable for ultimate compliance.
c. These controls established will ensure access to Dispensary premises is adequately
monitored and restricted to pre-approved qualified patients and caregivers. As stated, ensuring
that the systems are being run per our high standards, is a critical component to remaining
diligent at all times during operation. We will always have supervisors on staff to oversee and
ensure compliance as well as weekly and monthly staff ineetings for trainings, updates, and
communication of needs.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(13) Written Project Description
If I had to articulate with just one word, what makes the Dogwood Dispensary Group so unique
and what gives us a huge advantage over the rest in our field, it would be: Organization. Both in
how we operate and who we are.
The immense level of complexities that are involved with running a Retail Cannabis Dispensary,
let alone a successful one, are tremendous. Drawing from 12 years of Cannabis Dispensary
Management experience at several of the finest and most reputable dispensaries in the world,
like Berkeley Patients Group and Harborside Health Center, we possess an unprecedented level
of Cannabis Industry awareness and have developed a sophisticated sense of organization in
how we approach our way of doing business.
The following list of challenges are just a small sample size of the many intricate, complicated
and volatile systems one must consider, prepare for and anticipate encountering within a
cannabis dispensary operation:
Navigating the vast array of regulatory requirements
Actively participating in the regulatory process
Remaining at the forefront of the ever-evolving Cannabis Industry
Developing, educating, training and supporting a motivated staff and customer service
force
Acquiring and understanding the overwhelming amount of Cannabis information and
taking steps to preserve that cannabis knowledge and effectively apply it across the
organization
Creating and maintaining a retail space that attracts and supports your customer base
Providing the perfect balance of customer service, marketing, and integration to engage
your customers
Developing a diversified and comprehensive security Plan and maintaining a firm focus
on both internal and external security
Participating and engaging with the community
There is absolutely no way that these necessary components can be realized, let alone
entertained, without a high level of previous experience in the direct and effective
management of Cannabis Dispensary operations.
At Dogwood, special attention is given to the Organization. The Dogwood group is made up of
key industry professionals with over 10 years of Cannabis Dispensary Management. All with a
rich history of experience working together at different capacities and functions throughout the
years, thus developing an inherent sense of intuitive and effective team work along the way.
The collection and diversity of our team's individual experience and Cannabis Industry expertise
is staggering. Our founders background in Organizational development and Strategic Human
Resource Management provides a foundation for developmental success. Directing attention to
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
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Dogwood Industries, Inc.
and applying a major emphasis on the organization itself and not just on the operation is a key
component to our strategy. We believe these to be strong fundamental components vital to
our long-term success.
What we are conceptualizing for this Dispensary has never been done before. Since there is
heavy competition and the city is allowing a few dispensary permits, the goal is to not only offer
the best service for our customers but to be the most attractive destination in the region. To
achieve this, considerable amount of resources and attention will be spent designing the
Dispensary. The dispensary will offer a modern but distinctly Mendocino motif.
Mendocino County is known to grow some of the finest Cannabis in the world. Therefore, we
think it should also have the finest Dispensary in the world.
Our intent is to change the normal way that customers interact in a dispensary by opening the
Dispensary Retail space and dedicating large portions of the sales room for customers to
explore and leisure about looking at an array of custom and elaborate product displays. We
would like to do away with the traditional cattle call that is most dispensary lines to a sales
counter where you are then rushed the experience just to be herded out by a security guard.
We aim to showcase Cannabis by Brands, products and Regions much as you see with wines.
Also, think Best Buy and the apple store, where customers can take their own time to explore
and leisure at the various products, asking questions as necessary.
There have been several articles lately covering the fact that Mendocino has a huge amount of
potential to develop and capitalize on the tourism in the region. Our strategy is to offer tours in
the region that begin and end at the dispensary. The tours would guide you through the region
to various farms and places then head you back to the dispensary to purchase the products
they find along their way at their favorite Farms. Strategic partnerships and incentives can be
obtained along with this service.
Demographics
It is no secret that the Cannabis Industry is well established in Mendocino County. Most people
in the county have some relationship or business within the industry. The large majority being
cultivators. The dispensary operation will have much more interface with cannabis growers and
industry people as customers than most other dispensaries. We wish to work that into the
business model by putting a focus on Clone Nursery sales. One of our team members
developed and ran Harborside Health Centers clone department for several years. By using his
expertise and connections, we aim to develop partnerships with several well-known nurseries
in Northern California. We have initiated discussions with Dark Heart Nursery on an exclusivity
deal that will make us the destination for Clones in the region. Dark heart is the most consistent
and popular among commercial Nursery Clone Brands. Currently, growers must drive to the bay
area to purchase Dark Heart Clones. We will make a point of emphasis on making a safe space
for cultivators in the region to access good quality, consistent genetics from a variety of
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
excellent, well established nursery plant providers; while making it as quick and secure of a
transaction as possible.
Aesthetic, functionality and design is very important to us at Dogwood. It is in our organizations
DNA. Great focus and attention will be made to the simplest of details. Drawing from years of
large scale dispensary management and development along with a heavy background in
architectural/ interior design, we aim to transcend beyond the traditional Cannabis Dispensary
Model and design our Dispensaries with a whole new design/workflow concept. Here lies one
of our largest competitive and unique identifiers for the Dogwood Dispensary Group.
With the sales floor, major emphasis will be on the utilizing technology and customized displays
to enrich the customer experience while offering new ways to invigorate the customer to
explore, learn and shop for products.
Operational employee work flow areas will be designed utilizing the cutting edge of technology;
work spaces will be geared toward the individual; emphasis will be on usability, health and
wellbeing as well as productivity and maximum efficiency.
We seek to elevate the Cannabis Dispensary potential. The tradition Dispensary Model, based
on years of limitation and imitation has many areas that can be expanded and improved upon.
Our team is confident that over time, our design aesthetic and approach will attract the
Cannabis World's attention and be an inspiration to be many.
Unfortunately to get to the level of construction and design, will require time. Therefore, we
wish to implement a two-phase process where we launch a simpler concept as we work to
design and build out the perfect dispensary model for this new age.
We aim to submit a simple and low impact plan at the initial phase of development and work
with the city of Ukiah to design and build out the expanded concept in phase 2 over the next 6
months to a year.
The current dispensary building is roughly 1700 square feet in total. Our plan for phase 1 is to
use the existing structure and layout to the best of our ability as we work with the city and our
designers to build a better dispensary with a more open floor plan to accommodate our unique
dispensary concepts.
Heavy emphasis will be on functionality at all phases of development. Each room and
component of the space will be designed for security, maximization, productivity and flow.
We intend to submit plans for the use of a fully permitted and up to code, semi-permanent
double wide trailer from Mobile Modular, to be installed in the rear adjacent parking lot for
staff offices and facilities, including but not limited to; staff breakroom, security monitoring
station, manager offices, purchasing, administration, and processing.
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Dogwood Industries, Inc.
No Cannabis will be stored overnight in these employee operations offices. Our plan in phase 1
is to turn the drive thru into secured storage offices that provides an elevated security
component and centralized location for storing products for our dispensary.
In conjunction with our years of experience in the Cannabis Industry we will utilize the cutting
edge of technology; integrating the best Point of Sale Software, to the Patient Database, along
with the inventory management and Distribution software.
We have spent years analyzing and using all the current technology available for Dispensaries.
Our background and expert knowledge of the technology that is currently out in the market
gives us a competitive edge when it comes to decision making and ease of implementation.
For the salesfloor, we will develop and utilize technology to enhance the customer experience;
with the focus on product display, information and education.
Special attention will be given to the development of proprietary technology that assists in the
dispensary operation.
We will invest heavily into IT systems and support; for compliance and inventory tracking
requires sophisticated software and infrastructure in order to remain consistent and fluid; able
to withstand daily abuse, challenges and issues.
Drawing from years of dispensary experience we know the importance of a well trained
knowledgeable and friendly staff. Patient and caregivers look to the experience and knowledge
of the staff when choosing products.
All employees will participate in a comprehensive three-week orientation process that walks
through everything from standard legal new hire requirements to expanded anti-harassment
training, sensitivity training, customer service training, cannabis as medicine training and safety
trainings. Everything aimed at providing each employee with a wealth of knowledge to best
serve our patient member's needs.
Every day there seems to be new developments in research regarding the many extraordinary
benefits of the cannabis plant. We will contribute to the success and expansion of more
research into the wonders of this special plant and the relationships it has with the humans and
animals alike.
We will effectively provide resources for research on an ongoing basis as part of our R&D
component.
Staying abreast of all the advances in products and research and finding the most effective way
to train staff and communicate it to the patient members is critical in order to provide the level
of customer service and experience that we wish to provide.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
We look forward to the opportunity to participate, add to, and inspire positive change in the
city. Our dispensary will invigorate business within the area and develop a corner of the city
that could use some improvement and beautification. We plan to spend a lot on infrastructure
and design to make that whole corner of Low gap and North State Street turn into an
architecturally pleasing attraction in hopes to inspire and awaken positive development for the
entire city.
The adventure awaits.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(14) Written Response to Dispensary Standards
§ 5707 LIMITATION ON LOCATION OF DISPENSRIES
(A) Site Address: 904 North State Street Ukiah, CA 95482 is located within C1 zoning district.
See figure 14.a
(B) The building is in visible location that provides good views of the Dispensary Entrance,
windows and premises from a public street. See figures 14.b1, 14.b2, 14.b3, 14.b4,
14.b5, and 14.b6
(C) 1. The distance from the closest property line of a school, Accelerated Achievement
Academy, located at 1031 N. State Street, is 605 feet. GIS survey map provided by
DobleThomas &Associates, Inc. (Land Surveying, Civil Engineering, and Aerial Maps) See
figure 14.c1.1, and distance measurement provided by GOOGLE MAPS. See figure
14.c1.2
2. The distance from the closest property line of a youth oriented facility as defined by
the ordinance, The River Church, located at 195 Low Gap road, is 304 feet. Distance
measurement provided by GOOGLE MAPS. See figure 14.c2.1
3. N/A
4. N/A
5. N/A
§ 5708 OPERATING REQUIREMENTS
A. Criminal History
Any owner, agent or, employees, volunteer workers, or any person exercising
managerial authority for pogwood may not be convicted of any felony. A criminal
Background check provided by a 3rd party administrator will be completed on each
applicant for employment with the company.
B. Minors
(1). Dogwood will never employ anyone under the age of 21 years of age.
(2). Persons under the age of 18 shall not be allowed on the premises of the 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 the Dispensary will be clearly and legibly posted with a notice
indicating that persons under the age of 18 are precluded from entering the premises unless
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Dogwood Industries, Inc.
they are a qualified patient or a primary caregiver, and they are in the presence of their parent
or guardian.
(4) We will remain compliant with this subsection and will provide evidence of our
compliance as requested
C. Dispensary Access
(1). The entrance door to the building will remain locked at all times during operating
hours. A wide-angle camera will be installed at the entrance door that allows the maximum
angle of view for the view of the exterior entrance. A buzz in electric/mechanical entry system
will be installed and operational before operation.
(2). Dispensary Safety/Security personnel, under the supervision of Dispensary
Management will monitor site activity, control loitering.
(3). The dispensary operation will have strict entrance controls; only dispensary staff,
primary care givers, qualified patients and persons with bona fide purposes for visiting the site
shall be allowed on the premises at the dispensary. Bona fide purposes includes but is not
limited to; viewing or educational tours with guests, city or government officials, investors, law
enforcement, first responders, contractors, consultants, researchers, media and physicians.
(4) ALL PATIENT MEMBERS AND PRIMARY CAREGIVERS MUST HAVE A VALID WRITTEN
RECCOMENDATION FROM A LICENSED PHYSICIAN RECCOMENDING THE USE OF CANNABIS
INORDER TO ENTER OUR FACILITY.
(5) Only a primary caregiver and qualified patient shall be 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. There will be a
coded lock on the bathroom door that will require a 5-digit numerical pass code for entry.
D. Dispensing Operations
(1) The Dispensary will 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. Currently there is no law
stipulating limits on how much cannabis a patient can use for their personal needs. The
dispensary will acquire and store enough products as the demand and best operational and
safe practices require. Due to the extended time lab that cannabis testing requires (minimum
72 hours), the dispensary must account for the elevated percentage of excess medicine needed
to accommodate for the delays caused by our strict adherence to testing/safety protocols and
procedures.
(2) We will 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
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(b) a currently valid California Medical Marijuana Identification Card or a
Patient ID Center ldentification Card.
Operating procedures have built in 3 check points to ensure strict adherence to this policy. First
checkpoint is at the front entrance. Patient and caregivers must provide the required
documentation to the front security guard before entering facility. Second check is at the
reception desk where all people entering the facility must check in or register with a
receptionist who will check all required documentation. Third check point is at the sales
counter. All dispensary sales staff must check the required documentation and log their patient
id number into the POS machine prior to closing a sales transaction.
(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 will obtain verbal, online, or signed verification from the
recommending physician's office personnel that the individual requesting medical
marijuana is a qualified patient. This duty will be performed by the front receptionist. The
safety manager and the General manager is responsible for policy compliance.
(4) We will not have a physician on-site to evaluate patients and
provide a recommendation for medical marijuana.
(5) Patient records will 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 will be provided annually, as required
in this Chapter. We will work closely with city staff to adjust the operations as necessary to
address issues.
E. Hours of Operation
(1) Hours of Operation are 9:00 a.m. to 9:00 p.m., seven days a week. Staff may be
required to report to work prior to opening and after closing as necessary to
successfully perform the functions of the job.
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 will not result in illegal redistribution of inedical
marijuana obtained from the Dispensary, or use in any manner that violates local, State
or City Codes. Security staff will monitor public areas surrounding our property at all times.
Building Guidelines demonstrates that there is to be no redistribution or "diversion" of
products purchased at the dispensary. Violations will be documented and reported. Failures to
adhere to this policy will result in Membership will be revocation.
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Dogwood Industries, Inc.
(3) No person may consume marijuana, by smoking or vaporization, in any public
places. Public places shall include, but are not limited to, city owned parks and/or city
sponsored events where designated as nonsmoking areas by resolution of the city
council, streets, sidewalks, alleys, highways, public parking lots as defined in City Code
§ 6000 and as amended, enclosed places and places of employment as defined in City
Code §§ 4503 and 4505 and as amended, and any other property owned or leased by
the City, or in which the City holds a right-of-way easement, and which is open to
members of the general public, except while actively passing through on the way to
another destination. Nothing in this Section is intended, nor shall it be construed to be
inconsistent with the California lndoor Clean Air Act of 1976, Health and Safety Code §
118875 et seq and as amended.
Security staff will monitor all activity on our property. Violators will be documented and
reported to management for further review and necessary action will be administered upon
completion of the investigation and/or review; including but not limited to membership
suspension/revocation, and reporting to law enforcement.
G. Retail Sales and Cultivation
(1) No cannabis shall be cultivated on the premises of the Dispensary
a. Except for the storage and care of immature nursery stock marijuana plants,
marijuana plants will; not be grown by the Dispensary. Immature nursery stock will be stored
on industrial/commercial grade racks. They do not require special, high intensity grow lights or
ventilation equipment. Immature nursery stock plants are not flowering and do not require
additional air filtration for the elimination of odors. Care for the immature nursery plant stock is
consistent with other garden variety plants sold at a nursery; with the administering of nutrient
feed, and ph balanced water.
b. N/A
c. N/A
d. N/A
e. N/A
(2) The Dispensary will 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 will 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) Any Retail sales of inedical marijuana that violate California law or this Chapter
are expressly prohibited. Strict adherence to this policy is under the responsibility of all
supervisors, management and operational staff. The general Manager is accountable for
oversight and compliance checks.
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(5) The 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 dispensary will source and sell a wide range of locally-grown and organic
marijuana. The dispensary will also procure cannabis grown in many appellations akin to the
wine industry. In addition, emphasis will be on implementing innovative and extraordinary ways
to display products that transcends the traditional dispensary method. Emphasis will be on
enriching the customer experience and education regarding the products, cultivators, and
brands as well as the many benefits and uses of the cannabis itself.
H. Operating Plans
(1) Floor Plan. The Dispensary will have a lobby waiting area at the entrance to
receive clients, and a separate and secure designated area for dispensing medical
marijuana to qualified patients or designated caregivers. The primary entrance shall be
located and maintained clear of barriers, landscaping and similar obstructions so that it
is clearly visible from public streets, sidewalks or site driveways.
(2) Storage. The Dispensary will 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 will 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 will have a carbon 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
will be, at minimum, mechanically ventilated with a carbon filter. A good ventilation/odor
control system starts with your buildings HVAC system. Every room throughout the building will
have a solid air conditioning system that is maintained at all times. All maintenance and air
filter replacements to the HVAC system will be performed on a regular routine basis by the
facilities department.
Adequate sized Carbon and Hepa air filter systems will be utilized throughout all interior areas
of the building that store or maintain cannabis products to ensure odor is effectively
neutralized. All Carbon filter systems will be tested to ensure maximum potential, ideal cubic
per feet air movement and for energy efficiency.
No smoking or vaporizing of cannabis is allowed on the premises. The smells from cannabis will
be minimalized and effectively controlled as to not escape the confines of the building.
(5) Security Plans. The Dispensary will provide adequate security on the
premises, as approved by the Chief of Police and reviewed by the Planning
Commission, including
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(9) Emergency Contact info for on-site community relations staff person to whom one
can provide notice if there are operating problems associated with the Dispensary.
Name: Steely Inoue
Email: Steely@do�wood.life
Phone Number: 707-734-3243
The Dispensary will provide the Chief of Police with this contact info. In addition, this individual
will make necessary introductions to the chief of police and whomever the chief recommends
in the police department, as well as city council members and city staff. This is to ensure open
lines of communication and familiarity.
The Dispensary will 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. City and law enforcement will be invited to make suggestions as needed on ways to
enhance or improve relations with the neighborhood and community.
Given the experience of 12 years of working and managing a well-regarded large scale medical
cannabis dispensary, we are able to anticipate and accommodate issues as they arise; thus
avoiding potential mistakes and issues that may occur.
I. Signage and Notices
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Section (F) Submittal Requirements
Dogwood Industries, Inc.
(1) A notice will 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
The Dispensary will maintain a current register of the names of all volunteers and
employees currently working at or employed by the Dispensary, and will disclose such
registration for inspection by any City officer or official for purposes of determining compliance
with the requirements of this Chapter. Employee personal, personnel, medical files, and 19's will
be filed and stored at an off-site corporate office located at 530 S. School Street, Ukiah Ca
95482.
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 et seq.). In order to
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. Only information needed to verify the identity of the patient
member or primary caregiver and the validity of the cannabis recommendation will be recorded
in the Dispensary Patient Database. This includes but is not limited to; patients name, contact
info, address, physicians name, cannabis recommendation's expiration date. No medical
conditions information is required for entry, nor will be stored in the dispensary patient
database. Such records will be maintained at an off-site location, and will be made available for
inspection by any City official authorized to enforce this Chapter for purposes of determining
compliance with the requirements of this Chapter. For new patient/caregiver verification form,
See figure K1.1
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 will employ properly trained internal safety/security staff and also use
professionally-hired security personnel in accordance with the conditions of its permit.
M. Site Management
SIGN UP/ NEW PATIENTVERIFICATION FORM Figure K1.1
DOGI,JOOD
All members of Dogwood must review and accept our Member Rules before gaining access our facility or
placing an order. By following these guidelines, you are helping Dogwood maintain good relationships
with our neighbors so that we may continue to provide you service. Thank you for choosing Dogwood.
VIOLATION OF ANY OF THESE RULES IS GROUNDS FOR REFUSAL OF SERVICE AND REVOCATION OF YOUR
MEMBERSHIP.
DOGWOOD BUILDING GUIDELINES
To provide a safe and enjoyable space, we ask that our patients follow these important building and
safety guidelines while using our dispensary.
You must be 18 years old, have a valid government issued ID and a verified cannabis recommendation
from a licensed physician with you to enter. Designated caregivers must carry a copy of their patient's
recommendation.
You must present these items to the Security Guard and receptionist every time you visit our facility.
NO cameras or recording devices allowed in building without authorized permission from Dogwood
management.
Treat everyone at the dispensary and surrounding neighborhood with compassion and respect.
NO alcohol, illegal drugs, or weapons of any kind are allowed on our premises.
No consumption of cannabis by any means while on premises.The consumption of cannabis is
prohibited on any sidewalks or in public areas in the city of Ukiah. It is against the law to consume
cannabis while driving.
Service animals are allowed in the building.They must remain with owners and not disturb any other
patient members. Emotional support dogs are not allowed.
In the event of an emergency, please remain calm and follow instructions from employees.
DOGWOOD RESPONSIBLE NEIGHBOR POLICY
The surrounding residents and businesses in our neighborhood are very important to us. We seek to
build positive relationships and experiences with each other within our community. It is each patient
member's responsibility to treat everyone in the building and neighborhood with respect.
NEVER sell or distribute the medicine you receive from Dogwood.All medicinal products are solely
intended for the patient that receives them, or for the qualified patient that a designated caregiver
services.
NEVER consume cannabis inside of Dogwood, in our parking lot or in the neighborhood.
Keep all medicine out of sight when you exit and as you drive away.
Always drive carefully and courteously.Turn car stereos down.
SIGN UP/ NEW PATIENTVERIFICATION FORM Figure K1.1
Do not leave children under 6 years old unattended in the parking lot or in your vehicle. Children must
be supervised by a person 12 years of age or older.
Park your vehicle in our lot or use public parking. Never park your car in a neighbor's lot or in a bus stop.
Overnight parking is NOT allowed.
Do not linger in your car or on the sidewalk after visiting Dogwood. Loitering is prohibited.
Help us keep the neighborhood clean. Dispose of trash and recyclables in the proper receptacles.
DOGWOOD DELIVERY SERVICE RULES
In order to provide a safe and enjoyable experience, we ask that our patients follow the following rules
while using our delivery service:
You must present your ID to the Delivery Driver every time they deliver, before you may receive your
package.
All order requests must be confirmed by Dogwood before they can be fulfilled. Dogwood will contact
each patient to confirm the details of their request.
You must provide an active phone number when submitting an order. The Delivery Driver will call the
number provided prior to arrival.
You must provide the address of your primary residence even if you request to have deliveries made to
another location.
You must be at the delivery location at the time agreed upon when Dogwood confirms the order.
You must have exact change when paying for a delivery with cash. Delivery Drivers do not carry money,
and cannot provide change.
You must sign the invoice when you receive an order. This confirms that you received all items that you
purchased.
Dogwood reserves the right to apply limits to the quantity and/or value of delivery orders in order to
minimize the risk to our Delivery Drivers.
Dogwood reserves the right to assess the environment of the delivery location at the time of delivery for
safety risks and to postpone a delivery if such risks are present. Every effort will be made to
communicate this decision to the patient and to work out a mutual solution.
Dogwood • Ukiah, CA
www.dogwood.life
SIGN UP/ NEW PATIENTVERIFICATION FORM Figure K1.1
DOGI,JOOD
SIGN UP/ NEW PATIENT VERIFICATION FORM
Pre-registration requests are usually processed within 24hrs. Some doctor's offices can
take up to one week to verify recommendations letters. Please use this form if you are
requesting delivery or if you are planning a visit in the next few days. We will contact you
and let you know as soon as your pre-registration is complete.
Please make sure to bring your ID and recommendation upon your first visit, or have it ready for
your first delivery.
Contact Email:
*First Name: *Last Name:
Gender ldentity (Circle One): Male Female Other Decline to State
*Date of Birth:
*Government Issued ID number:
*Issuing Agency:
*ID expiration Date:
To order for delivery purposes, please enter your address:
Street Address:
City: State: Zip:
Would you like to receive communications from Dogwood about specials, promotions,
newsletters, action alerts, and more? (circle one): yes no
Military Veteran? (circle one): yes no
How did you find us? * (must choose one)
� Newspaper/Magazine Ad � Online Ad � Online Search � Event � Referral
� Other (please specify):
SIGN UP/ NEW PATIENTVERIFICATION FORM Figure K1.1
Doctor / Clinic Information
Patient- (Please complete the PHYSICIAN INFORMATION section below)
*Doctor/Clinic name: *Phone Number:
Verification Website:
*Patient ID Number:
*Recommendation Expiration Date:
*Month: *Day: *Year:
*Patient Recommendation zip code (For verification purposes, the ZIP code on file with your
doctor/clinic for your recommendation):
Caregiver- (Please complete the CAREGIVER INFORMATION section below)
*Patients Full name:
*Doctor/Clinic name: *Phone Number:
Verification Website:
*Patient ID Number:
*Recommendation Expiration Date:
*Month: *Day: *Year:
*Patient Recommendation zip code (For verification purposes, the ZIP code on file with your
doctor/clinic for your recommendation):
*Patients Signature:
*Date:
*Please submit completed DESIGNATION OF PRIMARY CAREGIVER FORM
� By checking this box, I affirm that I have read the Dogwood Member Rules (above) and
agree to follow them. I understand that if I do not follow these rules, my membership privileges
may be suspended or revoked and Dogwood will no longer provide me service.
By signing this document, I affirm that all the information provided above, and the supporting
documents provided, are true and correct. I choose Dogwood to care for my safety and
wellbeing, and to provide medical cannabis for treatment as recommended by my physician per
California Health and Safety Code 11362.5.
X
Signature Date
PATIENT RECORDS,CAREGIVER FORM Figure K1 .Z
Designation of Primary Caregiver
As per California Health and Safety Code§11362.5
I hereby certify that I am a patient suffering from a serious illness and have obtained a recommendation
or approval from a licensed physician in the state of California to use medical cannabis in treating my
illness. A copy of my recommendation may be attached hereto.
I hereby designate the individual described below as my "Primary Caregiver" in accordance with
California Health and Safety Code §11362.5(d) and §11362.5(e), which reads as follows:
"(d) Section 11357, relating to the possession of marijuana, and section 11358, relating to the
cultivation of marijuana, shall not apply to the patient, or to the patient's primary caregiver,
who possesses or cultivates marijuana for the personal medical purpose of the patient upon the
written or oral recommendation or approval of a physician.
(e) For the purposes of this Section, "primary caregiver" means the individual designated by the
person exempt under this act who has consistently assumed responsibility for the housing,
health and safety of that person."
I agree that I will consistently rely on the individual described below as the primary source of inedical
cannabis as a matter of my personal health and safety. This designation shall remain in effect (1) for one
year from the date below, (2) until I revoke this designation, or (3) until I designate another individual as
my "primary caretaker."
Date:
Patient Name(print clearly) Primary Caregiver Name(print clearly)
Patient Signature Primary Caregiver Signature
NOTICE TO LAW ENFORCEMENT: Pursuant to the Constitution of the State of California,Amendment III,Section 3.5(c),state
enforcement officials have"no power...to refuse to enforce a statute on the basis that federal law or federal regulations
prohibit the enforcement of such statute." It is therefore your legal duty and responsibility to respect and obey this agreement
per the above cited legislation,and to leave the individuals herein described unmolested and unreported to the federal
authorities. Failure to follow state law may result in legal action being taken against you. Thank you for understanding and for
your compliance.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(1) the establishment will 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 our 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 dispensary will take all reasonable steps to reduce loitering in public
areas, sidewalks, alleys and areas surrounding the premises and adjacent properties
during business hours. Our parking lot positioned Security/Safety Guard will monitor and
control this area. See Security Plan details
(3)The Dispensary will 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. See figure M.3.1
N. Compliance with Other Requirements
The Dispensary will 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.
O. Confidentiality
(1) I understand that the information provided for purposes of this Section shall be
maintained by the City as confidential information, and shall not be disclosed as
public records unless pursuant to subpoena issued by a court of competent
jurisdiction or otherwise compelled by court order.
P. Display of Permit
The Dispensary shall display the permit issued at all times during business hours, 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
I understand that each permittee shall file an annual statement with the Planning Department:
(1) indicating the number of patients served by the Dispensary within the previous calendar
year, (2) the continuing accuracy of the information in the prior year's Dispensary Use Permit
application, (3) documenting any changes or additions to that information as of the date for
renewal of the Permit, any citizen complaints, City Code violations, and calls for law
enforcement during the prior year, the applicant's compliance with applicable City and State
MEMBER RULES Figure M3.1
DOGI,JOOD
All members of Dogwood must review and accept our Member Rules before gaining access our facility or
placing an order. By following these guidelines, you are helping Dogwood maintain good relationships
with our neighbors so that we may continue to provide you service. Thank you for choosing Dogwood.
VIOLATION OF ANY OF THESE RULES IS GROUNDS FOR REFUSAL OF SERVICE AND REVOCATION OF YOUR
MEMBERSHIP.
DOGWOOD BUILDING GUIDELINES
To provide a safe and enjoyable space, we ask that our patients follow these important building and
safety guidelines while using our dispensary.
You must be 18 years old, have a valid government issued ID and a verified cannabis recommendation
from a licensed physician with you to enter. Designated caregivers must carry a copy of their patient's
recommendation.
You must present these items to the Security Guard and receptionist every time you visit our facility.
NO cameras or recording devices allowed in building without authorized permission from Dogwood
management.
Treat everyone at the dispensary and surrounding neighborhood with compassion and respect.
NO alcohol, illegal drugs, or weapons of any kind are allowed on our premises.
No consumption of cannabis by any means while on premises.The consumption of cannabis is
prohibited on any sidewalks or in public areas in the city of Ukiah. It is against the law to consume
cannabis while driving.
Service animals are allowed in the building.They must remain with owners and not disturb any other
patient members. Emotional support dogs are not allowed.
In the event of an emergency, please remain calm and follow instructions from employees.
DOGWOOD RESPONSIBLE NEIGHBOR POLICY
The surrounding residents and businesses in our neighborhood are very important to us. We seek to
build positive relationships and experiences with each other within our community. It is each patient
member's responsibility to treat everyone in the building and neighborhood with respect.
NEVER sell or distribute the medicine you receive from Dogwood.All medicinal products are solely
intended for the patient that receives them, or for the qualified patient that a designated caregiver
services.
NEVER consume cannabis inside of Dogwood, in our parking lot or in the neighborhood.
Keep all medicine out of sight when you exit and as you drive away.
Always drive carefully and courteously.Turn car stereos down.
MEMBER RULES Figure M3.1
Do not leave children under 6 years old unattended in the parking lot or in your vehicle. Children must
be supervised by a person 12 years of age or older.
Park your vehicle in our lot or use public parking. Never park your car in a neighbor's lot or in a bus stop.
Overnight parking is NOT allowed.
Do not linger in your car or on the sidewalk after visiting Dogwood. Loitering is prohibited.
Help us keep the neighborhood clean. Dispose of trash and recyclables in the proper receptacles.
DOGWOOD DELIVERY SERVICE RULES
In order to provide a safe and enjoyable experience, we ask that our patients follow the following rules
while using our delivery service:
You must present your ID to the Delivery Driver every time they deliver, before you may receive your
package.
All order requests must be confirmed by Dogwood before they can be fulfilled. Dogwood will contact
each patient to confirm the details of their request.
You must provide an active phone number when submitting an order. The Delivery Driver will call the
number provided prior to arrival.
You must provide the address of your primary residence even if you request to have deliveries made to
another location.
You must be at the delivery location at the time agreed upon when Dogwood confirms the order.
You must have exact change when paying for a delivery with cash. Delivery Drivers do not carry money,
and cannot provide change.
You must sign the invoice when you receive an order. This confirms that you received all items that you
purchased.
Dogwood reserves the right to apply limits to the quantity and/or value of delivery orders in order to
minimize the risk to our Delivery Drivers.
Dogwood reserves the right to assess the environment of the delivery location at the time of delivery for
safety risks and to postpone a delivery if such risks are present. Every effort will be made to
communicate this decision to the patient and to work out a mutual solution.
Dogwood • Ukiah, CA
www.dogwood.life
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
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
The Dispensary will not 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 will comply with the parking requirements for medical office uses.
T. Inspections
During normal business hours, the dispensary permitted will provide access for administrative
inspections by City officials or officers to verify compliance with this Chapter. I understand that
any Dispensary's refusal to comply with this Section shall be deemed a violation of this Chapter.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(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.
§ 5710 CRITERIA FOR REVIEW
In addition to the findings required in City Code § 9262, the Zoning Administrator shall
consider the following criteria in determining whether to grant or deny a Dispensary Use
Permit, and the Planning Director shall consider the following criteria in determining whether
to grant or deny renewals of a Dispensary Use Permit:
A. 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.
The applicants are both over the age of 21. Steely Inoue: Date of Birth is 12/31/1977. Mike Berg:
Date of Birth is II
E. 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. As far as we are aware, the dispensary 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. 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 include, but are not limited to,
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
eduction 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. 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. 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. The Dispensary will 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. The dispensary will enrich the
area and contribute to development and expanded commerce as more and more people visit
the dispensary; they will wish to patron other businesses. The Dispensary has established
protocols and operating procedures that will eliminate any 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. 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.
M. The applicant has not violated any local or State law, statute, rule or regulation
respecting the distribution, possession, or consumption of marijuana.
N. 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. 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. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
business acts or practices.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(16) Security Plan
(1) A detailed security plan outlining the proposed security arrangements for insuring the
safety of persons and to protect the premises from theft.
SECURITY PLAN OVERVIEW
After 12 years of managing Berkeley Patients Group, a premier and model medical cannabis
dispensary in Berkeley, I understand the absolute importance of having a solid and
comprehensive Security and safety plan to operate a cannabis dispensary. In doing so, a
dispensary can insure safe and secure access for its patients while also providing necessary
security for the surrounding neighborhood and have a lasting positive impact on community.
I prefer to use a mix of uniformed contract security and a fully trained in house security/safety
staff. I have found it extremely beneficial to have a mix of both a contract uniformed guard on
premise and an in-house staff of fully trained security/safety guard professionals versed in both
cannabis dispensary specific training and a higher level of first aid/safety training.
In the state of California, per the Propriety Services Security act, an employer can acquire a
license to act as a Propriety Private Security employer and use its own security employees.
Upon opening, Dogwood would obtain the necessary license to hire and train its own
sophisticated security force. This allows for a greater comprehension of all the complex issues
and principles surrounding a medical cannabis retail operation and its security requirements.
SECURITY SERVICES
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
SECURITY POSTS
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
SURVEILLANCE
_
_
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
PRODUCT STORAGE AND DISPLAY
_
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
CANNABIS SAFE HANDLING
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
SAFE HANDLING OF CHEMICALS
At Dogwood Dispensary, the only regulated chemicals that we would be using are cleaning
agents.
All cleaning supplies will be safely stored per OSHA standards. All safety data sheets for all
cleaning supplies and chemicals will be kept on site and made accessible for reference.
As part of our overall Safety Action Plan, all staff will be trained on the proper handling of the
chemicals and the location of the Safety Data sheets.
79% Rubbing Alcohol will be used by trained employees to wipe down all stainless-steel work
surfaces to clean up cannabis resins and disinfect work surfaces and tools.
The rubbing alcohol will be safely stored in OSHA approved flammable safety cabinets.
CASH STORAGE
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
DIVERSION OF PRODUCTS
Each patient member will receive a written Building Guidelines and our Responsible Neighbor
policy upon orientation. Each patient member will sign that they have received and understand
these guidelines and policies. Those signature letter of acknowledgement will be safely secured
The building guidelines states that one must NEVER sell or distribute the medicine you receive
from Dogwood. All medicinal products are solely intended for the patient that receives them, or
for the qualified patient that a designated caregiver services.
One of the Parking lot security guard's main duties is to keep an eye out for diversion of
product and/or people loitering around the outside of our property looking to have someone
buy for them. No cash is to be exchanged out in the parking lot prior to legally entering the
premises.
THEFT DETERENCE
The combination of
and
10+years of Cannabis dispensary management all provide a robust platform to address any
potential threats from theft, both internally or externally.
EMERGENCY RESPONSE & LAW ENFORCEMENT
Any comprehensive security plan for an operation as complex as Medical Cannabis is not
complete without a good, lasting relationship with local law enforcement. Our dispensary will
be inviting for consistent open lines of communication with local authorities. We will be
extremely receptive to feedback and do whatever it takes to not only support the community
but enhance it.
All staff will be trained on how to deal with law enforcement encounters. Security/Safety staff
and all managers will have additional training on how to deal with first responders. Emergency
response and first aid trainings will be given to all security guards within the first 30 days of new
hire. This includes but is not limited to, medical emergencies, 911 calls, natural disasters, traffic
accidents, police encounters/inquiries, medical evac, fire, and mental health emergencies.
FIRE & EMERGENCY EVACUATION PLAN
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
All staff will be trained in proper evacuation protocols. Security/safety Department Manager
will be responsible for staff trainings on fire safety and evacuation protocols. All staff safety
trainings will be held bi-annually. In addition, a comprehensive safety training will be given to
all new hires at orientation. Evacuation plans will be posted in the interior building at
appropriate areas.
The Safety/Security Manager will routinely check fire extinguishers for safety and compliance
and date the tag at required time of inspection. The General Manager will also have built in
checks to ensure that all safety procedures are being implemented on a consistent and timely
basis. The General Manager will be accountable for overall Safety and Security execution and
compliance.
PARKING LOT/STAND ALONE BUILDING
One of the most important and often overlooked detail regarding retail cannabis dispensary
management is parking. A dispensary without a sufficiently sized and designated parking lot,
can potentially have a negative impact on the surrounding neighborhood. Properties that are
not stand alone properties, and /or that share with other retail areas & shopping centers often
draw unwanted attention and can negatively impact surrounding businesses; thus, complicating
security factors. This is to not say that an absence of a parking lot is detrimental to providing a
good dispensary service model but to emphasize and illustrate the real challenges that an
operator will face, without a stand-alone building and adequate parking for its patient
members.
The most important factor is controlling the dispensaries good neighbor policy and minimizing
the impact on the surrounding areas. Whether it's just or not, dispensaries are often blamed for
any issue that could be blamed on its operation. The responsibility is on the Dispensary
Operators to anticipate and mitigate any potential issues that may arise or be used against the
operation.
Dogwood will require all patient members to sign a Responsible Neighbor Policy and
management in conjunction with Dispensary security and staff will ensure that all Responsible
Neighbor Policies are adhered to.
Parking Patrols and traffic detail are essential for managing the daily operation and keeping the
traffic lanes and parking safe. Traffic accidents will be documented and reported immediately
upon incident. The Safety/Security manager and General Manager will be notified of all traffic
accidents.
Having one's own parking lot lends for a much smoother dispensary operation all around. A
parking lot also minimizes traffic impact on the surrounding area; which is important as any
new dispensary will put an additional load on the parking in any area that it inhabits.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
The parking lot will be clean and free from debris. The facilities department will regular clean
and repair any issues. Landscaping and building maintenance will be routine.
COMMUNITY
Our intent is to develop and beautify the building and its property. Architecturally speaking, it is
important for us to design a building that is attractive and helps enrich the neighborhood. As
little as that may sound, I feel like a well landscaped and designed property can reduce
potential negative situations while having a lasting and positive effect on the community.
Dogwood plans to be very active within the community. We know that involvement and
education regarding our services is essential to a long-lasting relationship with the community.
We will be creative with how we provide support and education within the community.
We will participate in city council and planning department meetings as well as provide support
for any city function that needs assistance. Staff will be incentivized to volunteer with several
organizations throughout the city and Mendocino region.
We will be reaching out to several businesses to find way to develop partnerships to assist in
boosting commerce for other businesses in the city. Things like, providing vouchers for health-
related services and care like the gym, chiropractor, acupuncture and massage.
We also intend to provide both financial and volunteer assistance to the local Food Bank and
community center for homeless services. Through special internal programs we can provide
discounted or free medicine for veterans and homeless patient members.
At Dogwood, community is extremely important. We will provide financial donations for
programs and organizations that improve the lives of those less fortunate in the Los Angeles
region.
The more the community learns about our business, the more active we are in the community,
the better our relationships with the neighborhood will be. With security, generally it's all in the
details as well as having a forward-thinking approach versus waiting to see what happens as so
many companies seem to do.
COMMITMENT
Lastly, a security plan is no good if your company is not committed to sustaining it. We have a
strong foundation, drawing from 12+years of cannabis managing experience that gives us the
ability to know about all the intricate details in dispensary security management. We are
committed to our plan and for doing what it takes to ensure that it is not only implemented but
that it lasts. Dogwood is committed to providing a one of a kind, premiere Cannabis Dispensary
for the city of Ukiah. Drawing from 12+years of cannabis high level dispensary management
experience and work developing the leading, oldest and most respected dispensaries world-
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
wide (Berkeley Patients Group & Harborside Health Center) and a deep connection to the
Ukiah/Mendocino region, we are capable of creating a new type of cannabis dispensary
experience that will, provide quality jobs for the city, develop new opportunities for cannabis
cultivators in the region, support the community, preserve the environment, provide education,
invigorate the cannabis industry, and inspire.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(17) Floor Plan
See Figure 17.1, 17.2, 17.3, 17.4
The total square footage of floor area occupied by the dispensary reception area, showroom
and salesfloor is: 1025 square feet. The total square footage of employee only areas is: 520
Square foot. Total interior square footage of dispensary interior is: 1545 square feet.
Total square footage designated for retail product sales (smoking devices, clothing, etc.):50
square feet.
BYPASST"': DUAL SLIDING D�OR SYSTEM
5pecifications Drawings Images Referente Downloads
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The Bypass Automatic Door System is a cost-effective automatic exit and entrance door in one compact package. To direct traffic flow, fihe right sliding panel is used exclusi�ely for ingress
while the left sliding panel is exclusi�ely used for egress. Between the two sliding panels is a shared stationary panel. This simple design pra�ides a large entrance and exit for heavy
pedestrian traffic in applications where rough opening space is restricted.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(19) Accessibility Evaluation
DISPENSARY ENTRANCES AND EXITS
There are two parking lots for the Dispensary Building. The main parking lot and the rear
parking lot. The main parking lot is located on the corner of Low Gap Road and North State
Street and is the location of the dispensary building. The back-up parking lot is behind the main
parking lot/ property and is located on Low Gap Road. The entrance to the building is visible
from both State street and Low Gap Road. See figures 19.1 and 19.2.
There is an entrance into the main parking lot property via State Street going southbound.
There is also an exit onto State Street going southbound. There is an entrance to the main
parking lot on Low gap road and there also is a separate exit on Low Gap Road; one must exit
right from the parking lot going westbound on Low Gap Road.
The back-up lot entrance and exit is located on Low Gap Road; one must exit right from the
parking lot going westbound on Low Gap Road. For an overhead view of all entrances and exits,
see figure 19.3.
PARKING SPACES
There is a total of 10 parking spaces on the main parking lot with one full ADA accessible
parking space.
There is a total of 9 additional parking spaces in the rear parking lot.
There is a total of 19 parking spaces and 1 ADA accessible parking space.
ADA ACCESIBILITY
There is one ADA accessible parking space for the building. There is an ADA accessible ramp to
the front entrance of the building. The front door also has a manual ADA assist that opens the
door when you push an ADA approved activation button; located on the exterior wall of the
entrance way of the building at ADA approved height. See figure 19.4
There will be an ADA accessible bathroom installed, using all necessary building permits, by a
licensed contractor prior to opening. Currently, there are two small bathrooms. One must be
expanded to meet ADA standards.
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Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(20) Neighborhood Context Map
(a)The distance from the closest property line of a school, Accelerated Achievement Academy,
located at 1031 N. State Street, is 605 feet. The accurate straight-line drawing depicting the
building and the portion thereof to be occupied by the Dispensary, and the property lines of
any School within 600 feet of the property line of the Dispensary for which a permit is
requested is demonstrated by GIS survey map provided by DobleThomas & Associates, Inc.
(Land Surveying, Civil Engineering, and Aerial Maps) See figure 20.a1, and distance
measurement provided by GOOGLE MAPS. See figure 20.a2
(b) the property lines of any Dispensary within 250 feet of the primary entrance of the
Dispensary for which a permit is requested N/A. No dispensaries are currently permitted or
operating within city limits.
(c) The distance from the closest property line of a youth oriented facility as defined by the
ordinance, The River Church, located at 195 Low Gap road, is 304 feet. Distance measurement
provided by GOOGLE MAPS. See figure 20.c1.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(21) Lighting Plan
See figures 21.1 to 21.28. Pictures of all interior and exterior lighting.
Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(22) City Authorization
Written authorization for the City, its agents and employees to seek verification of the
information contained within the application. See figure 22.1
(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. See Figure 23.1
(24) Applicant's Certification
A statement in writing by the applicant that he or she certifies under penalty of perjury that all
the information contained in the application is true and correct. See figure 24.1
(25) Other Information
We will provide any 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.
AUTHORIZATION LETTER Figure 22.1 CONFIDENTIAL
3/19/2017
I, Steely Inoue, in behalf of Dogwood Dispensary, a medical cannabis dispensary permit
applicant for the city of Ukiah, hereby authorize the City of Ukiah, its agents and employees to
seek verification of the information contained within the application.
Steely Inoue
Po Box 2067 Ukiah Ca 95482
707-734-3243
Date: 2/13/2017
Name of Applicant: Dogwood
Physical Address: 904 North 5tate Street, Uiciah Ca 95482
Nlailing address: 530 S. School street, Ukiah CA 95482
To: City of Ukiah Planning Department
I am the property owner&title hoider of address 904 North State street Ukiah,
CA 95482. A.P.N. _ AOl— S1 �3�-oG located in Ukiah CA.
Pending permission to do so, from the city of Ukiah, I authorize the commercial
use of Retail Cannabis Dispensary under the local city of Ukiah Cannabis Dispensary
ordinance and would provide written approval.
Sincerely
13 � �
Landlord name: Kevin Nguyen
Landlord Address: 1020 Maple Ave Ukiah CA 95482
1
APPLICANTSCERTIFICATION Figure 24.1 CONFIDENTIAL
3/19/2017
I, Steely Inoue, in behalf of Dogwood Dispensary, a medical cannabis dispensary permit
applicant for the city of Ukiah, hereby certify under penalty of perjury that all information
contained in this application is true and correct.
J �
Steely Inoue
Po Box 2067 Ukiah Ca 95482
707-734-3243
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GOOGLE MAPS:
Distance from Accelerated Achievement Academy
1031 N.State Street Ukiah,CA 95482
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Medical Marijuana Dispensary Application 1.0 CONFIDENTIAL
Section (F) Submittal Requirements
Dogwood Industries, Inc.
(20) Neighborhood Context Map
(a)The distance from the closest property line of a school, Accelerated Achievement Academy,
located at 1031 N. State Street, is 605 feet. The accurate straight-line drawing depicting the
building and the portion thereof to be occupied by the Dispensary, and the property lines of
any School within 600 feet of the property line of the Dispensary for which a permit is
requested is demonstrated by GIS survey map provided by DobleThomas & Associates, Inc.
(Land Surveying, Civil Engineering, and Aerial Maps) See figure 20.a1, and distance
measurement provided by GOOGLE MAPS. See figure 20.a2
(b) the property lines of any Dispensary within 250 feet of the primary entrance of the
Dispensary for which a permit is requested N/A. No dispensaries are currently permitted or
operating within city limits.
(c) The distance from the closest property line of a youth oriented facility as defined by the
ordinance, The River Church, located at 195 Low Gap road, is 304 feet. Distance measurement
provided by GOOGLE MAPS. See figure 20.c1.
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1 ATTACHMENT 2
2
3 CONDITIONS OF APPROVAL
4 TO ADOPT A DISPENSARY USE PERMIT
5 DOGWOOD DISPENSARY
6 904 N STATE ST
7 FILE NO.: 2652
8
9
10 The following Conditions of Approval shall be made a permanent part of Dispensary Use Permit
11 No. 2652, shall remain in force regardless of property ownership, and shall be implemented in
12 order for this entitlement to remain valid.
13
14 Approved Project Description. The project comprises the use of an existing structure located at
15 904 N State St as a medical marijuana dispensary, to be operated as described in the plans
16 submitted to the Community Development Department and date stamped April 4, 2017 and
17 September 19, 2017. As determined by the Director of Community Development and the Chief
18 of Police, any modifications to the plans listed above may require an amendment to this
19 Dispensary Use Permit.
20
21
22 STANDARD CONDITIONS OF APPROVAL
23
24 1. Business operations shall not commence until all permits required for the approved use-
25 including but not limited to a business license and building permit for tenant improvements-
26 have been applied for and issued or finaled.
27
28 2. No permit or entitlement shall be deemed effective unless and until all fees and charges
29 applicable to this application and these conditions of approval have been paid in full.
30
31 3. The applicant shall obtain and maintain any required licenses and any other regulatory
32 licenses required to operate exactly as described by the applicant as stated in documents
33 submitted with the Dispensary Use Permit application. Copies of any licenses obtained shall
34 be supplied to the City for inclusion in the use permit file with the City.
35
36 4. The property owner shall obtain and maintain any applicable permit or approval required by
37 law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or
38 Federal agencies. All construction shall comply with all fire, building, electric, plumbing,
39 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
40 Permit is approved and issued.
41
42 5. A copy of all conditions of this Dispensary Use Permit shall be provided to and be binding
43 upon any future purchaser, tenant, or other party of interest.
44
45 6. If any condition is violated or if any required approval is not obtained, then the Use Permit
46 granted shall be null and void; and otherwise to continue in full force and effect indefinitely
47 until otherwise terminated and shall run with the land.
48
49 7. All conditions of approval that do not contain specific completion periods shall be completed
50 prior to building permit final.
51
Conditions of Approval
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
1
1 8. This Dispensary Use Permit may be revoked through the City's revocation process if the
2 approved project related to this Permit is not being conducted in compliance with these
3 stipulations and conditions of approval; or if the project is not established within two years of
4 the effective date of this approval; or if the established use for which the permit was granted
5 has ceased or has been suspended for 24 consecutive months.
6
7 9. Building permits shall be issued within two years after the effective date of the Use Permit or
8 same shall be null and void.
9
10 10. This approval is contingent upon agreement of the applicant and property owner and their
11 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
12 agents, officers, attorneys, employees, boards and commissions from any claim, action or
13 proceeding brought against any of the foregoing individuals or entities, the purpose of which
14 is to attack, set aside, void or annul the approval of this application. This indemnification
15 shall include, but not be limited to, damages, costs, expenses, attorney fees or expert
16 witness fees that may be asserted by any person or entity, including the applicant, arising
17 out of or in connection with the City's action on this application, whether or not there is
18 concurrent passive or active negligence on the part of the City. If, for any reason any portion
19 of this indemnification agreement is held to be void or unenforceable by a court of
20 competent jurisdiction, the remainder of the agreement shall remain in full force and effect.
21
22 11. This approval is not effective until the 10-day appeal period applicable to this Use Permit
23 has expired without the filing of a timely appeal. If a timely appeal is filed, the project is
24 subject to the outcome of the appeal and shall be revised as necessary to comply with any
25 modifications, conditions, or requirements that were imposed as part of the appeal.
26
27 12. If proposed improvements create the net addition of two or more plumbing fixture units to a
28 building, or the building permit value of work exceeds $123,679 (amount adjusted annually),
29 the existing sanitary sewer lateral shall be tested in accordance with City of Ukiah
30 Ordinance No. 1105, and repaired or replaced if required.
31
32 13. If the building permit value is equal to or greater than one-third of the value of the existing
33 structure, the construction, repair or upgrade of curb, gutter, and sidewalk to meet current
34 ADA standards, and addition of street trees, along the subject property street frontages, may
35 be required, pursuant to §9181 of the Ukiah City Code.
36
37 14. All work within the public right-of-way shall be performed by a licensed and properly insured
38 contractor. The contractor shall obtain an encroachment permit for work within this area or
39 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated
40 construction costs.
41
42
43
Conditions of Approval
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
2
1 SPECIAL CONDITIONS
2
3 15. All operations of the dispensary shall be in conformance with UCC Chapter 8, Medical
4 Marijuana Dispensaries.
5
6 16. Operation of the project is allowed subject to the following:
7 a. Hours of operation 9:00 a.m. to 9:00 p.m., seven days a week.
8 b. Per §5704 of the City of Ukiah's Medical Marijuana Dispensaries Ordinance this
9 Dispensary Use Permit is valid for one-year. Dispensaries Use Permits may be renewed
10 by the Zoning Administrator following the procedure described in §5704 of the City of
11 Ukiah's Medical Marijuana Dispensaries Ordinance.
12
13 17. In the event of a change in ownership or management of the business, the City shall be
14 notified of the change in ownership/management. The new ownership/management shall
15 meet with the Community Development Department and Police Department to review the
16 conditions of this Dispensary Use Permit. The new ownership shall indicate in writing of any
17 modifications to the uses allowed by this Dispensary Use Permit and shall identify the
18 proposed modifications. Any proposed modifications shall be reviewed by the Planning
19 Department and Police Department. The Planning Director shall determine if the proposed
20 modifications are consistent with the Dispensary Use Permit or require approval by the
21 Planning Commission.
22
23 18. The facility will be open to inspection at all times while the business is open and the Ukiah
24 Police Department (UPD) will not be denied access. The property and any landscaping
25 thereof shall be maintained to ensure an overall level of security for clients and staff per
26 suggestions of the UPD.
27
28 19. Per §5708(H)(9) of the City of Ukiah's Medical Marijuana Dispensaries Ordinance, upon final
29 approval of the project and prior to start of operations the police department shall be
30 provided with the names, e-mail addresses, phone number and facsimile number of an on-
31 site community relations staff person to whom one can provide notice it there are operating
32 problems associated with the dispensary.
Conditions of Approval
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
3
1 ATTACHMENT 3
2
3 FINDINGS TO ADOPT A MEDICAL MARIJUANA USE PERMIT
4 DOGWOOD DISPENSARY
5 904 N STATE ST
6 FILE NO.: 2652
7
8
9 Recommendation for the Approval of the Dispensary Use Permit: The Community
10 Development Department's recommendation for conditional approval of Dispensary Use Permit
11 No. 2652 to operate a Medical Marijuana Dispensary at 904 N State St is based in part on the
12 following findings, supported by the information contained in the staff report, the application
13 materials, and documentation:
14
15 1. The proposed medical marijuana dispensary ("Project") is consistent with the goals,
16 objectives, and policies of the Ukiah General Plan as described in the staff report.
17
18 2. The proposed land use is compatible with surrounding land uses and shall not be
19 detrimental to the public's health, safety, and general welfare.
20
21 3. The proposed project, as conditioned, is consistent with the Medical Marijuana
22 Dispensaries Ordinance No. 1176 as described in the staff report.
23
24 4. The proposed project is exempt from the provisions of the California Environmental
25 Quality Act (CEQA) pursuant to §15303(c) Class 3, Conversion of Small Structures;
26 and, §15301 Class 1, Existing Facilities based on the following:
27 The site is developed with an existing building and parking lot, and utilities and
28 services are already available at the site. Furthermore, no expansion of the existing
29 building footprint is proposed as part of the project.
30 The proposed project does not involve hazardous materials;
31 The location is not environmentally sensitive and does not include any drainage
32 courses or bodies of water(such as creeks or streams).
33
34 5. Notice of the Public Hearing was provided in the following manner:
35 published in the Ukiah Daily Journal October 15, 2017;
36 posted on the Project site October 12, 2017;
37 posted at the Civic Center (glass case) 72 hours prior to hearing; and,
38 mailed to property owners within 300 feet of the parcels included in the Project
39 on October 12, 2017.
Findings
Medical Marijuana Use Permit
Dogwood Dispensary
File No. 2652
1
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.
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(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.
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(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
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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.
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(5)A Dispensary shall meet all the operating criteria for the dispensing of inedical
marijuana as is required pursuant to California Health and Safety Code § 11362.5 et seq
and as amended.
(6) The provision of locally-grown and organic marijuana is encouraged.
(H) Operating Plans.
(1) Floor Plan. A Dispensary shall have a lobby waiting area at the entrance to
receive clients, and a separate and secure designated area for dispensing medical
marijuana to qualified patients or designated caregivers. The primary entrance shall be
located and maintained clear of barriers, 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.
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(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
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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.
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(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
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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:
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(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.
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(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.
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(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.
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§ 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.
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(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.
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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.
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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
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C
3�
Ukiah Poliae Department
Sa�ety, ProFessionalism Community 5ervice
Chris Dewey
Chief of Police
To: Kevin Thompson—Planning and Community Development
CC: Chief Dewey, Cpt Wyatt, CSO Sawyer,
From; Sean Kaeser
Subject: Dogwood Dispensary Munis 2652-UP-PC
Date: 10/02/17
On October 2°d C50 Nancy Sawyer and I reviewed the security plan submitted for this project. In doing
so we found that the security plan submitted addresses the reyuirements listed in the City of LTkiah ordinance. A
background check for both applicants, Steely Inoue and Michael Berg,was completad with na disqualifying
information provided. 'I`he submitted plan indicates on page four section 11 titled Employee Information
specifies that this business will employ no less than 1S and no more than 35 employees. As noted the only
background checks completed for this business were the applicants named above and no employee per our
recards. '
Sean Kaeser
Administrative Lieutenant
300 Seminary Avenue � Ukiah, California 95482
Telephone: 463-6262 � Fax: {707} 462-6Q68 � www.ukiahpolice.com