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HomeMy WebLinkAbout11082107 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 8, 2017 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The Minutes of October 25, 2017. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by November 20, 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. b. Review of the proposed Cannabis Related Business Ordinance, and possible recommendation to the City Council. 10. NEW BUSINESS a. Consider Adoption of Resolution Adopting Procedures of Conduct for Conducting Planning Commission Meetings and/or Consider Adoption of Resolution Adopting Order of Agenda for Planning Commission Meetings. b. Discussion and Possible Action Regarding the Scheduling of a Special Meeting of the Planning Commission on November 16, 2017 and Cancellation of a Regular Meeting of the Planning Commission on November 22, 2017. Page 1 of 2 11. DIRECTORC� REPORT 12. PLANNING COMMISSIONERS REPORT 13. 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 2 of 2 CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 25, 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 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 M/S Hilliker/Sanders to approve the Minutes of September 27, 2017 and October 11, 2017, as submitted. Motion carried by the following roll call vote: AYES: Sanders, Christensen, Hilliker, and Chair Wetzel. NOES: None. ABSENT: Watt. ABSTAIN: None. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 6. APPEAL PROCESS Note: For matters heard at this meeting the final date to appeal is November 6, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING Page 1 of 3 Minutes of the Planning Commission, October 25, 2017, Continued: 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. Presenters: Craig Schlatter, Community Development Director and Adele Phillips, Associate Planner. Power Point presentation given by Adele Phillips, Associate Planner. Note: • Commissioner Christensen recused herself. • Planning staff referenced site plans received 10/25/2017 that were not included in the Planning Commission packet for the Dogwood Medical Marijuana Dispensary project. • Absent Commissioner Watt submitted Planning Commission questions via email dated 10/25/2017, LCF [�LC��PoM�/�VO�FI�F-K�� • Public member Robert Werra, M.D. submitted written correspondence dated 02/14/2017 and 10/22/2017, LCF [�LC��IbM�WB�FI�FK�7� PUBLIC HEARING OPENED: 6:15 P.M. Public Comment: Steelyn Inoue, Applicant, Nicole Glentzer, Gordon Oslund, Virgil Garner, Chris Francis, Darn Brown, Robert Werra, M.D., Kathy Shipley, Carl Longcrier, James Craig, Debbie Ornelas. Steelyn Inoue, Applicant, discussed and addressed the questions submitted by Commissioner Watt as referenced in attachment 1. Associate Planner Adele Phillips discussed and addressed questions directed by the Planning Commissioners regarding the proposed medical marijuana dispensary project. PUBLIC HEARING CLOSED: 7:03 P.M. It was the consensus of the Planning Commission to continue the proposed project to a date certain of November 8, 2017, and requested the following information from Planning staff and applicant: • A comprehensive survey to verify the distance requirements were properly P F��I�D�C�D�I.�C�L�G11-�.V�RP L�A�IF�DGL-❑D�D�7�Rd�PQ❑ 2 lIH4PoIQp �L1�P6�Q�❑��DC�GZE�L1�PQLQZL❑❑d� • Plans about the storage of marijuana plants on the dispensary premises. Would like to know if there is a requirement for the number of plants that are allowed in a medical marijuana dispensary?Would like clarification whether or not the proposed medical marijuana dispensary S�QB;Z mRI�IIP RIW�I.�J H[IDlU-D�] • Would like more information from the applicant if the future intent of the dispensary is to become more of D I�lJN1D�I�E he dispensary being primarily a medical marijuana dispensary business and/or is the proposed project basically a plan for business growth down the road. If so, is there a business plan in place for this. Page 2 of 3 Minutes of the Planning Commission, October 25, 2017, Continued: Motion/Second Hilliker/Sanders to continue Major Use Permit to allow Dogwood Dispensary to operate a medical marijuana dispensary at 904 N. State Street to a date certain of November 8, 2017. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, Sanders, and Chair Whetzel. NOES: None. ABSENT: Watt. ABSTAIN: None. 10. 3/ C1 1 ,1 C�,5❑�72 5 [�[� ❑32 5 7 Presenter: Craig Schlatter, Community Development Director. 11. PLANNING ❑2 0 0 ,66,2 1 C56�❑32 57 12. ADJOURNMENT There being no further business, the meeting adjourned at 7:58 p.m. Cathy Elawadly, Recording Secretary Page 3 of 3 AGENDA ITEM NO. 9A Department of Community Development and Planning 300 Seminary Ave. Ukiah, CA 95482 ���� �� ����� planning@cityofukiah.com TO: Planning Commission FROM: Adele Phillips, Associate Planner DATE: November 8, 2017 SUBJECT: Request for Additional Information regarding a Medical Marijuana Use Permit Application to operate a Medical Marijuana Dispensary at 904 N State Street. File No.: 2652-UP-PC On Wednesday, October 25, 2017, the Planning Commission reviewed and took public comment on the subject proposal: an application to operate a Medical Marijuana Dispensary in an existing structure located at 904 N State St �Sl�l'b9F1� It was the consensus of the Planning Commission to continue the proposed project to a date certain of November 8, 2017, and requested the following information from Planning staff: confirmation of the adequacy of the security plan; YHIJILFD�BX,1�l�FAJ-I�L1,PoI�CffRP SQIDGFH�L1,PQ� 193GOGFHd R�❑❑❑�❑❑❑❑❑ L i m ita �LVS�IQ�DIJki�/C[�L1,PQ �-I��❑WC�P6( dditional information regarding the housing of clones on the property, including number of plants and total storage area; and, additional information regarding whether the future intent of the business is to operate as a recreational dispensary. SECURITY PLAN The Ukiah Police Departme �IO�P�-ICS IRXQQ�P�-I❑ �d�fXLLU-P [�L1�1 C�I�LDK�I�CFH�/❑ stated in their statement dated October 2, 2017 (Attachment 1). Hearing the concerns of the Planning Commission, the Applicant has submitted a copy of the security plan for the Planning &RP P L1MRC�[�U-Ml�qlAttachment 2). LOCATION 1. Visibility. 3 F�NDKC&L1�F�i�&&�]�❑�❑��C�LVSF-K��DI�L�Q�Hr1t]I��1��F�I�Q� that provides good views of the Dispensary entrance, windows and premises from a public V1A�Fiu�/1171�4-1�6S�DC;t��I�K���1,6�11rP I�egarding the suitability of the property location (Attachment 3). 2. Schools. Per UCC §5707(C)(1), a Medical Marijuana Dispensar�D�H�: L1�PQLQ�C❑❑ 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 in�Pa�'FiQC�J�1�N�1DQl1FN�C��IQ�I-IO�Q7M�RE�IThomas & Associates, has provided a measurement of the distance between the subject property and AGENDA ITEM NO. 9A Department of Community Development and Planning 300 Seminary Ave. Ukiah, CA 95482 ���� �� ����� planning@cityofukiah.com the nearest school, Accelerated Achievement Academy, located at 1005 N State St., confirming that the school is not within 600 ft straight line distance of the subject property (Attachment 4). The applicant has provided maps showing that the following schools and associated distances from the nearest property lines of the subject property: The Arbor Youth Resource Center, 441.33 ft; Ukiah Adult School, 1,463.36 ft; Frank Zeek Elementary School, 1,548.83 ft; New Beginnings, 1,576.68 ft; and, Ukiah High School, 3,566.68 ft (Attachment 5). 3. Youth-Oriented Facilities. Per UCC §5707(C)(2), a Medical Marijuana Dispensary may not EH�: �F�OCQQWQILLI�H-N�ID❑��I�X�PQ 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 H�XIYPQF��RIW�CWC1�6( Lp�Q�I4JCC §5702(R) LC�P�-I�RC�tZLQJ C�D�i�❑w��a�.��o��oc����an�oc�x� P XVFD� �lmW�I.�HQ/FiG��Dl.dilDFl� The State of California Department of Social Services is the licensing authority for small and large family daycare facilities. Specific location of licensed child care facilities is kept confidential by the State and designated local agencies such as North Coast Opportunities (NCO), but not the City of Ukiah. In order to determine whether any licensed daycare facilities are within the vicinity of the project as described in §5707(C)(2), NCO was provided with a map and list of all addresses that could meet the criteria (Attachment 6). NCO then reviewed t LC�IG�I�PQI-L1H[IDlW mDFL��M/�Du�l���/C provided (Attachment 7). Therefore, the nearest youth-oriented facility is The River, a church, located 304.75 ft from the nearest property line of the subject property and meeting criterion §5707(C)(2). CANNABIS PLANTS and RETAIL 8&&�❑C❑C���/1,�Po�/�7 Iq-I�LVSHQvDI�C� RLJH�1kiGB DII�GD�I�/❑ per qualified patient or caregiver than permitted in strict accordance with California Health and Safety Code §11362.77 (Attachment 8) DE(BI�1�64�PoIC�1Z�C�DP F-K��iO� The applicant is proposing that immature nursery stock will be available for sale at the Medical Marijuana Dispensary in accordance with the above regulation. Although some degree of cultivation is permitted by UCC §5708(G), the applicant is not proposing that cannabis be cultivated on the premises (Attachment 9). UCC §5708(G)(3) allows 38 S�❑❑�/TXDIiH��i�/TXDlW1�J H[P�I�i�LVSF-K�DI� U6t[�H�I�lay and sales of devices necessary for administering medical marijuana, including but not limited to rolling papers and related materials and devices, pipes, water SLSM/�DQC�'DSRWd-�/III1The applicant is not seeking an exception to any aspect of UCC §5708(G), and has provided plans demonstrating a retail space compliant with this criterion. Please see Attachments 9 and 12. AGENDA ITEM NO. 9A Department of Community Development and Planning 300 Seminary Ave. Ukiah, CA 95482 ���� �� ����� planning@cityofukiah.com ADDITIONAL INFORMATION Prior to the October 25, 2017, Planning Commission hearing, Commissioner Watt, unable to attend the hearing, submitted 6 questions to the Commission. At the hearing, the applicant provided a verbal response to each question. Subsequently the applicant has written their responses and they are provided in Attachment 10. Further, the applicant has provided a written response to the request for additional information stated by Commissioners as cause for continuation of the item during the October 25, 2017, hearing, and found in Attachment 11. The entirety of the project packet provided to the Planning Commissioners for the October 25, 2017, hearing is included as Attachment 12. STAFF REQUEST Staff recommends Planning Commission 1) conduct a public hearing; 2) approve the Dispensary Use Permit based on the facts and findings found in the staff report, this memo, and Draft Dispensary Use Permit Findings, and subject to the Draft Conditions of Approval. ATTACHMENTS 1. Ukiah Police Department Security Plan Approval October 2, 2017 2. Dogwood Dispensary Security Plan 3. Dogwood Dispensary Property Suitability Statement 4. Map, Doble Thomas &Assoc. Land Surveying, Stamped November 1, 2017 5. Maps, Distance of Subject Property to Nearest Schools 6. Email from Staff to North Coast Opportunities, October 31, 2017 7. North Coast Opportunities Letter, October 31, 2017 8. California Health and Safety Code §11362.77 9. Dogwood Dispensary Operations Plan 10. Written Response to Questions Submitted by Commissioner Watt on October 25, 2017 11. Written Response to Request for Additional Information Made in October 25, 2017, Hearing 12. Dogwood Dispensary Project Packet for October 25, 2017, Planning Commission Hearing s Ukiah Police Department Sofety, Professionalism Community 5ervice Chris Dewey Chief of Police To: Kevin Thompson—Planning and Community Development CC: Chief Dewey,Cpt Wyatt,CSO Sawyer, Frora; 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 daing so we found that the security plan submitted addresses the reyuirements listed in the City of iJkiah ordinance. A background check for both applicants, Steely Inoue and Michael Berg,was completed with no disqualifying information provided.The subrnitted plan indicates on page four section 11 titled Employee Information specifies that this business will employ no less than 1S and no mare than 35 employees.As noted the only background checks completed for this business were the applicants named above and no employee per our records. ' Sean Kaeser Administridfive LieutenAnt 300 5eminary Avenue � Ukiah, California 95482 Telephone: 463-62fi2 � Fax: (707) 462-6068 � www.ukiahpolice.com ATTACHMENT 2 (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. Kp�oz}}(z�Uolv}u(}o z}(} v�rPv}ox SECURITY SERVICES mix of uniformed contract security and a fully trained in house security/safety staff�o X (I]staff �o fully trained s 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. The internal Security/Safety employees will have much more in depth dispensary specific trainings that will provide an extra layer of enhancement to our overall security plan. Having a diverse, well trained, security staff who is educated about our policies and trained in our operating procedures, will have a tremendous impact on not only the functionality of the Security plan but also the customer service we can provide our patient members and public alike. SECURITY POSTS Dogwood Dispensary will have a security guard on site 24 hours a day, 365 days a year. During opening hours of operation, we will have three Security/Safety Guards on active posts; aXfront entrance door post, b. parking lot patrol, and c. inside the dispensary post. d. An overnight guard will be used from *pm to 8 am every day of the week for security presence while we are closed. X Front Entrance Post: The Security/Safety Guard must remain posted at the front entrance door at all times during open hours. The front post main responsibility is to check ID's at the door to ensure that no unauthorized persons enter the facility. All patients allowed to enter must have a valid government issued ID as well as a valid Cannabis recommendation from a licensed physician in the state of California. Secondary Front door post duties are greeting guests, acting as back up for Parking lot patrol Security Guard, and being a first point of contact/ liaison with any public inquiries and appointments. X Parking lot patrol: There must be at least one Safety/Security Guard on parking lot patrol at all times during open hours. The main function of the parking lot patrol is to maintain safe and secure traffic flow for our parking lot and to monitor the surrounding area around our facility. Parking lot patrol will also be tasked with cleaning up litter within a defined radius of our property daily. X Interior Security Post: The interior security post is to monitor activity within the facility throughout the retail area during open hours of operation. This provides awareness and security presence for the interior of the building. X A contract security guard will be used to guard the property during closing hours. They will work the hours of 8pm-8am. There primary objective is to: X provide an extra layer of security during vulnerable few hours around opening (9am) and closing (pm) times X monitor and patrol property during non-operational times throughout the night and early morning hours. Observe and report any nuisance or issues within the neighborhood X Receptionist: The receptionist position will be a part of the Safety department. Although a much different position within the department, the receptionist min duty is to administer and process patients as they enter the facility in coordination with the front door security position. Receptionists will check the patient data base and admit each patient as they enter the facility. They will administer new patient members and provide new members with the membership rules and guidelines. F. } Manager: The } manager oversees the entire Security/Safety department and is responsible for maintaining the company's safety and security plan. In addition, the s} manager will act as the entire dispensaries Safety coordinator and will be responsible for dispensary safety trainings and compliance. SURVEILLANCE Video Surveillance is an integral part of our security plan. We have years of experience installing, managing and using video surveillance systems at previous dispensaries. Our experience has shown us that one must have video coverage of every point within the property. It is also important to have video coverage of the surrounding entrances and exits of the property. This can aid law enforcement if something happens in the neighborhood or at the facility. There are times when a neighbor may also have an issue and it can be very beneficial if you have footage that can assist them with additional footage. We will have video cameras recording and viewing the front and rear of the Property, all points of ingress and egress at the business, all points of sale within the business, all areas within the business where medical marijuana products are displayed for sale, all limited access areas within the facility, all parking lot zones, full views of the public right of-ways, and in every interior room legally allowed. All employee areas will also have video surveillance. Video cameras will be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the exterior of the property. Interior All areas of the interior building must have adequate video surveillance coverage. It is especially critical for areas that involve medical cannabis and the sales floor. Each point of sale machine will have a video camera present. Every storage area where medicine is being stored and entrances and exits from storage areas will have video coverage. We will be placing surveillance cameras signs will be located throughout the building notifying the patient members, public and staff that video surveillance is recording at all times. Exterior Cameras will be placed to cover all areas of the parking lot and facility grounds. In addition, cameras will be faced in all public right-a-ways as to gain a perspective of our properties surrounding areas. All entrances and exits of the building will be covered. Exterior cameras will have night sensitivity lenses so you can make out color in the dark of night and poor lighting conditions. Video Storage A third-party cloud based surveillance video storage and monitoring service will be used for video feed back up. We will keep 100 days of video footage for reference. Any issue reported will be immediately stored on a USB storage device and filed with a full written report for documentation and filed appropriately. Access and Training Video monitors for viewing will be in a secured office locked at all times. Only authorized personnel will have access to the code to enter the security monitor room. All authorized employees will get trained on how to review footage, export specific events onto a USB storage device, and the appropriate reporting and filing procedures. The Security Department Manager will be charge of the surveillance systems trainings. PRODUCT STORAGE AND DISPLAY Storage All cannabis products on site must be safely and securely stored in locked storage at all times. Storage room doors will have key fob access locks for controlled authorized use. Only designated and authorized personnel will have access to cannabis storage areas. Each storage area will also have a printed inventory list, so that inventory is scanned and logged every time it moves from one department to another throughout the product supply chain. For example, the purchasing department purchases and receives a bulk flower item. That bulk item gets entered in the POS system and then placed into the secured bulk storage cabinet. The purchasing agent adds the new item into the paper inventory list for the bulk storage cabinet. Once it is ready to be processed, the processing department supervisor takes the item out of the secured bulk flower storage cabinet and takes the product to the processing room to be processed. At that point the processing supervisor documents the transaction by scanning it out of the bulk storage cabinet and by logging it on the written inventory sheet. When the bulk product is processed per company standards, it is then placed in the completed processing cabinet and scanned in to document the transaction. It is also logged into the processing storage cabinet written inventory list. When the product is ready to hit the sales floor, the Dispensary supervisor will scan the product out of the processing storage cabinet and log the transaction on the written processing storage sheet. Once the product hits the floor, the dispensary supervisor will mark the Product live in both the POS and the company's online menus. Surveillance cameras must be directed to cover all cannabis storage areas and entrances and exits to all storage rooms to accurately record and track all activity. In addition, all cannabis product inventory will be tracked both in the POS system. Weekly inventory counts will be performed every Sunday morning. A complete report will be provided to the } Manager in the weekly report dashboard that is completed every Monday morning. The inventory and Dispensary Department will also conduct random inventory counts to check for inventory mistakes, theft, and errors in the system or product flow channels. The Inventory Specialists will generate inventory and quantity adjustment reports daily to monitor inventory flows and make sure that all things match up by end of day. Any quantity adjustments in the POS system must have a note field populated with a reason for the adjustment. Any employee who performs a quantity adjustment will be disciplined for violation of company policy. Attention to details, built in redundancies, weekly inventory reports, daily reconciliation of cash register detail reports in conjunction with full surveillance of all points of the building and a comprehensive security plan will ensure safe cannabis practices and limit theft and diversion of products. Product Displays Product displays and product storage in the sales floor must be supervised at all times. There must have surveillance cameras on all sales areas. All product displays must be cleaned and locked at end of day. Sales floor storage drawers and cabinets must be cleaned and locked at end of day. CANNABIS SAFE HANDLING There are several factors that may lead to the need to safely and securely dispose of inedicinal cannabis products: a. Product fails lab testing b. Product spoilage c. Dated product d. Product returns e. Damaged products Quarantine Protocols Immediately upon receiving or determining one of these factors, it is critical to implement a proper quarantine protocol. This involves an employee reporting the issue to a supervisor. The supervisor takes control of the product for disposal and documents the issue in the Quarantine log, then places the medicine securely in the locked Quarantine storage cabinet awaiting disposal. A copy of the quarantine report gets turned in to the General Managers 'Master Quarantine Log Book'. Quarantine logs will be looked over on a weekly basis and reports will be generated for future analysis, planning and assurance that the quarantine procedures are being followed. Safe Disposal Once the medical cannabis products are ready for disposal, a supervisor will take the medicine from the quarantine cabinet and place in a sealed bag labeled hazardous waste. All hazardous waste will be disposed of at the EDCO Collection Center where it will be properly disposed of, much like expired pharmaceuticals. 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 Unfortunately, cannabis dispensaries are forced to work with a lot of cash due to the pressures on the banking system. The state of California is working with the Board of Equalization and counties to come up with a way to ease those pressures and bring back secured banking for the Cannabis industry but until then, cash is the majority currency to work with. Our dispensary property was a bank prior to operation and still has a fully intact bank vault in the building. We will implement a system of storing all cash and high value items in the vault for overnight/long term storage. Management staff will be trained on cash storage protocols and how to use the vault. 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 in a locked file cabinet along with the patient's records. These records will be kept off site in a remote location and will be stored per HPPA and the LBMC Section 5.90 standards. 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 24-hour on-site security, a comprehensive video surveillance system, multiple guard posts during operating hours, highly trained staff, cannabis storage protocols, building alarms, panic alarms established for strategic staff, a bank vault for cash storage, and 10+years of Cannabis dispensary management all provide a robust platform to address any potential threats from theft, both internally or externally. Anti-theft, Theft Response and Panic alarm training will be given at orientation and annually to all staff inembers as part of our overall Safety/Security Plan. 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 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 }DvP manager and }}(}}v 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. 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 Z}(hI�X 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. ATTACHMENT 3 Zo/31/Zo1� Dogwood Dispensary Application Property Suitability Much attention was directed at the last meeting regarding the location and visibility of the proposed dispensary property. /�o]� many false accusations and u�}� voiced in opposition by Z concerned education faculty members regarding the location of� � Public safety concerns were brought up about armed guards that don't exist in our plans v�v about the potential dangers of the business because of the very need for guards.The u use of security v not be used as a�oo�P argument for dismissalVthe current local and state ordinance require it. Concerns were voiced about the possibility of 18-year old's still in school gaining access to our facilityX d�vo�v}be grounds for dismissal as that same student could go to the previously approved dispensary to obtain their medicine. I(there was a way to o¢access to all 18ryear old students still in high schoolUuve�am not sure how one could effectively demonstrate the vicinity of one�or reduces the other. In fact, I would argue that a student surely would go to the dispensary tucked away in a hidden part of town than right at a busy intersection so close to the eyes of the community. d��uI�PZ �X Concerns were voiced about it being in a "busy"v}�� area. I would like clarification in writing about what determination is being used to define "busy" and "too visible".The ordinance clearly states that one must choose a visible IocationUu�o because the police chief did not want these places to be tucked in the corners away from patrolling eyes and earsXPublic Safety was actually the main determining factor in requiring it to be a "visible" location. The location of this property as it relates to visibility is one of the main reasons why we picked this site. Experience has shown me that the Po o is a very well thought out and effective way to reduce public safety risks.This property offers views from two streets and has no true blind spots. From the early inception of the ordinance we worked with city staff and a certified land surveyor to judge and determine required distances prior to securing the property. The city staff ha approved our findings and ha had this I ocation information for over 4 months��P��PX We chose this property based on the distance guidelines set forth in the city ordinance. If there were guidelines suggesting further distances than we would have abide by them. /v�U/�oo�P}�oPl� �'���Po4�o� �� d���u�'o�a`�] ��v�lovv�]rP�u�'vZ ��X �� he�o v�v and overwhelming arguments voiced�at the last hearing�rP public�uv was toward distances and visibility� v�P�v and� Pa]iP� our operation or building plans.ci�v�PZ l�'/P1�rF��X Historical data over the last 20 years of inedical cannabis in the state�hese concerns.�v �ao v� vv] �y�C In fact, my previous dispensary operated for years directly across from a private school for disabled children and the two worlds never collided.The only time the two worlds collided was for charity and fundraising events when the dispensary worked on providing financial donations, additional resources and assistance for the school any way it could.� �vU�v��P�aX Though I am empathetic to the concerns of educators in the community, my wealth of experience uv that this site will be have no more of a n egative impact to children than the previously approved dispensary which in a shopping strip mallU shares a parking lot with the public, v is adjacent to a Party Store that sells balloons and party favors,and directly across the street from a busy Starbucks,and Game Stop video game store. dhis site oo is the most o(� secure(bank vault, brick building,bullet proof window,visibility,steel reinforced walls)easily accessible (main street,large parking lot),and private site in the city of UkiahU as Commissioner Mark eluded to at the previous hearing. My experience tells me that a dispensary should have its own parking lot to limit access from non- patient members, potential crime,vandalism and children. Requiring patient members to avoid residential areas and only use the properties large parking lot is a tremendous way to reduce impact in the surrounding neighborhood. This building has extreme limits on pvrP , and will�atient members park on its property. No one can gain access without having proper credentials. Passerby's will only see a beautiful non- descript building as they walk or drive by. My o� architectU Jason BrennerU has suggested we also utilize effective vegetation or low 36" high perimeter fences to further define the properties bovc} �l The greatest built in security ovl�rp� is the fact that a dispensary must reapply every year.This�QZ an already built-in component to address, regulate public safety and potentially negative impact issues. I can assure you that there are not many medical cannabis professionals with the background in security and general management as myself.This building is the most suitable location in the town of Ukiah. It is centrally located to serve the town, visible for law enforcement, set back from the main street, has its own large private parking lot. In addition, this property has been vacant and will have a hard time fulfilling an alternative use as well as this one. We intend to greatly improve the aesthetics of that corner and have already begun to work with our local architect on possible site improvements to the aesthetics if granted a permit. All improvements will be subject to approval and the requirements set forth by the building and planning guidelinesX I share these points from a professional expert perspective based on years of experience. I understand the mis�, misunderstanding and lack of knowledge3^]iP of inedical cannabis. I hope to be a resource for the city for years to come to assist with the ever changing cannabis landscape in the state and region��Pu�i�rX There are not many businesses with as many regulations to follow or scrutinized to the degree that this business operation is. How many businesses must reapply every year to continue to operate. I would be much more concerned about liquor stores and other sensitive uses than one so heavily regulated and discreet as this. This site is an extremely suitable property for this use in all the ways I have described and more. I invite you to meet with me the proposed dispensary premisesU if you would like. I am available any date and time you are free to meet at the property to share ideas and allow me to present to you our plan and potential remedies to address the public concerns about accessooPb�Pv �v�Pv��PPX Thank you so much. 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C-�:: c��c�EEKsu����� ` , r<��d � z's�,�re - - - _ �:q �.ano.�ki iP R-'-ull��hool� .. ,. ,.. -. - o�J'<❑ G4er�oci•iu Cou�i!}.� .� tr - . „ 5`iEr.Ff Offr_r , - ._ I,500_t!0 �- .. f� � ���.. . i.ouo.ov rz .. - 7�A 4Aec�cclno ou uy _ CEf LfJ_JL 'ILl� y�' _- 5�0p tr pu�s,i,n Uki�il .. "�I�i�Jccl�iu Ca��ily� -� _ Juvenile H�II G�" 0 4�enooc:ino Cumi4}� . Clerk�Hecor.'�er� �,-;��-:::f:.;: !� i�:::,:�e.:.-a`:: n � � i� F `�.�'� . ' . . ' . � ���irio i:ouril} � . ieta'�'ata'�. '.3.6 '.' . . ... . nRe��urces . y ^ , t�-Fc_�a� '[��c'�e �Ei�:a�._s T•r�s e-.1�-���ea^I. �]t.-•:. ATTACHMENT 6 '.�41.�'1�; i�J:� .} . �� T y� � '� ; � cceEera#ed Aclr�evernent AM � 5 � � ��1�4.h� � I ■r� ' � ` T � . . I � � � ' � � y � I � I � �� i ��, I � , � I� � I 5 � II �� � � +� � � •.} _� � � _ -� -� � �' ' � __- " , , � Th� E�IY�f �k1�N7 � � � ��hurch} _ . . � � � , � � , � F�� T � � � � _ � ATTACHMENT 7 Rural Communities Child Care �QRTH COA�T Teri Sedrick, Director 413 North State Street OPP�RTl1�ITIES Ukiah,CA 95482 (707)467-3200 (707)467-3216 FAX Adele Phillips City of Ukiah Community Development Department Ukiah, CA 95482 October 31, 2017 Dear Adele, After a review of our records of licensed child care facilities in the City of Ukiah we have determined that there are no licensed child care facilities at the following addresses: 178 Low Gap Rd 168 Low Gap Rd 158 Low Gap Rd 148 Low Gap Rd 950 N State St 170 low Gap Rd 152 �ow Gap Rd 152 Low Gap Rd 896 N State St 892 N State St 888 N State St 825 N State St 915 N State St 949 N State St 946 N State St 954 N State St 188 low Gap Rd 955 N State St 857 N State St 920 N State St Sincerely, �-.� �,,��--� �- Brandy Perry Child Care Resaurce&Referral Manager cc: Teri Sedrick, NCO/RCCC Program Director NCO pledges to be a(eader in developing and praviding human services fhat strengthen aur community. Lakepo�t Office: Clearlake Offlce: Fort Bragg Office: Willits Office: 707.263.4688 707.994.4647 707.964.3Q80 707.459.2019 ATTACHMENT 8 � HEALTH AND SAFETY CODE - HSC DIVISION io. UNIFORM CONTROLLED SUBSTANCES ACT [ii000 - 11651] ( Division 10 repealed and added by Stats. 197z, Ch. 1407. ) CHAPTER 6. Offenses and Penalties [ii35o - ii392] ( Chapter 6 added by Stats. 197z, Ch. 1407. ) ARTICLE 2.5.Medical Marijuana Program [iig62.�- ii362.85] (Artic/e 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) (a)A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified 11g62.��, patient.In addition,a qualified patient ar primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient. (b)If a qualified patient or primary caregiver has a physician's recommendation that this quantity does not meet the qualified patient's medical needs,the qualified patient or primary caregiver may possess an amount of cannabis consistent with the patient's needs. (c)Counties and cities may retain or enact medicinal cannabis guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision(a). (d)Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of cannabis under this section. (e)A qualified patient or a person holding a valid identification card,or the designated primary caregiver of that qualified patient or person,may possess amounts of cannabis consistent with this article. (Amended by Stats. 2017, Ch. 27, Sec. 139. Effective June 27, 2017.) ATTACHMENT 9 (1) Applicant(s) Name Full name: Steelyn Daniel Inoue Alias, other legal names used: Steely Inoue, Steelyn York, Steely York, Steelyn Kragh Present Address: 15551 Forest View Road, Manchester Ca 95459 Telephone Number: 707-734-3243 Full name: Mike Berg Alias, other legal names used: Michael Berg Present Address: Zo vU hl� , CA 9 Telephone Number: 714-328-2943 (2) Applicant(s) Mailing Address Steely Inoue: PO Box 2067 Ukiah, CA 95482 Mike Berg: WK}hI�U (3) Previous Addresses Steely Inoue: 726 Balsa Court, Union City Ca 94587 2747 Rose Bud Ct. Union City CA 94587 1201 Pine Street Unit 119 Oakland Ca 94607 Mike Berg: U}vPZU (4) Verification of Age Steely Inoue was born 12/31/1977 and is currently 39 years of age. Mike Berg was born on 8/26/1976 and is currently 40 years of age. (5) Physical Description Steely Inoue- Height: 5'9" Weight: 225 Ibs. Eye Color: golden hazel Hair Color: brown Mike Berg-Height: 6' 0" Weight: 200 Ibs. Eye Color: golden hazel Hair Color: brown (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} Employer: Emeralds Holding Co. 2016-Present {CEO, Property Development, Asset management, Management, Marketing, Product Development, consultation} Employer: Dogwood DvPuv, Inc. 2017-P resent {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{C00, Property Development, Asset management, Management, Marketing, Product Development, consultation} Employer: Dogwood DvPuv, Inc. 2017-Present {C00, Medical Cannabis Dispensary management} Employer: Dogwood Herbal Society, Inc. {COO, mutual benefit non-profit corporation for the cultivation of organic medicinal cannabis} (8) Tax History N/A Dogwood W]]/vX 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, }}( K}v 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. Number of employees, volunteers, and other persons who will work at the Dispensary: Unknown. dZ�o}v�vX Greater than 5. Less than . (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. (14) Written Response to Dispensary Standards § 5707 LIMITATION ON LOCATION OF DISPENSRIES Site Address: 904 North State Street Ukiah, CA 95482 is located within C1 zoning district. See figure 14.a 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, X b5, and 14.b6 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 X 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 (14) Written Response to Dispensary Standards § 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 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. Kvo�P�o]�rZoo�rZpv �r�P��}vvo�to}zz}}zoou��zpv �rP�z(}vvvlo }x (6)Restrooms shall remain locked and under the control of management. There will be acoded 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 (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. (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. (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 � 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 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. See section 12. For Detailed Security Plans. (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. In addition, all areas of the premises will have cameras for surveillance; including but not limited to all cash registers, entrances and exits, hallways, employee breakrooms, employee offices, cannabis storage areas, and parking lots. It is critical for the success of the operation to ensure that there is video surveillance coverage for all areas of the property and building. The Safety Department Manager will oversee the video surveillance systems. The General Manager will be responsible for compliance. (7) Security Video Retention. Security video will be maintained for 100 days. A third- party cloud based surveillance video storage and monitoring service will be used for video feed back up. The third-party cloud based company is Ivideon. https://www.ivideon.com/Any issue reported to management will be immediately reviewed and stored on a USB storage device, then filed with a full written report for documentation and turned in to the general manager immediately. (8) Alarm System. Professionally monitored premise and panic alarm system shall be installed and maintained in good working condition. Deep Valley Security is the company that will administer and service the alarm system and panic alarms. Deep Valley Security will be provided a contact list numerically organized from order of importance. This will ensure that if the main contact is not available, there will always be someone to contact in the event of an alarm. (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 (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 (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 DOG�OOD 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): 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 SIGN UP/ NEW PATIENTVERIFICATION FORM Figure D.1 DOGI,JOOD All members of Dogwood must review and accept our Member Rules before gaining access our facility or placing an order. ey 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 D.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 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 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 .0 Section (F) Submittal Requirements Dogwood W�] 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. 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. 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 D�D�v�o}vX }v& u] oZ�v }P}}W]�J/vX �}}C &o}}Wov IZ}puZ}�PZ�}}v(p}v}(Zu]J�o�Puv}(Z}o (o}}}��zv}�zlz}puzv o}oz�}vvvx yVov Iz}puz}�p}}v(p}v}(zuU�o�Pz}o�r}(oo U I�PvovUv}}v�v}�dzlz} puZvo}oZ�}vvvX ��}v /v�}v}(vovv��}uv}��}vvv EpZ}Z}}}vD 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 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. dZ�(}uZo} }o� }( }Z}�r (�] (�Z }�vUdZZ�ZUo}}'}U]�(uuv }�KK' DW�X (21) Lighting Plan opz�Povz}�rp�pv}}}u�r�}opz�Pooz}o zu��uv}}�pz�rP(}zv}uo�oo] vP�PopZ�Ppvv�roo}v�oopZ�PZoo(ooZ}}v}vUv Zoov}Z�}ZvpZlUiv}}v X (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. Date: 2/13/2017 Name of Applicant: Dogwood Physical Address: 904 North State Street, Ukiah Ca 95482 Mailing address: 530 S. School street, Ukiah CA 95482 To: City of Ukiah Planning Department I am the property owner&title holder of address 904 North State street Ukiah, CA 95482. A.P.N. C�l4l- 3S1 '3�`dG 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 1� � � Landlord name: Kevin Nguyen Landlord Address: 1020 Maple Ave Ukiah CA 95482 1 AUTHORIZATION LETTER Figu re 22.1 CON�IDENTIAL 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 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 ATTACHMENT 10 Zo/29/Zo1� Dogwood Dispensary Application Written responses to Christopher Watt's prepared questions Attention: Commissioner Christopher Watt 1. While rules are still being created by the State Licensing authorities what are the current regulations covering taxes, distribution, and purchasing wholesale product and how will they be enforced at the dispensary? The current regulations covering taxes, distribution and purchasing wholesale product falls under the current state laws, Prop 215 and SB 420 which requires all product to be produced and provided by Cannabis Patient Members with a valid Cannabis Recommendation from a licensed physician. The cannabis producer must be a member of the said Dispensary business of which the medicine is provided and sold to its patient members. This will be enforced by ensuring accuracy when checking appropriate documentation prior to entry and keeping accurate records in the patient database. Taxes are consistent with standard local and state taxes and filed accordingly. Effective January 1, 2018, MRCSA state regulations will require that we obtain products from licensed and locally permitted distributors. All medicinal cannabis products will follow strict guidelines set forth by the necessary requirements in MRCSA. The purchasing manager will confirm all necessary guidelines and requirements are met prior to purchasing and receiving any products from the licensed distributor. 2. What are the current rules for testing of products and how will they be enforced at the dispensary? Currently the state does not require product testing. The Ukiah ordinance also does not require product testing. Our dispensary will require that all products are tested using the city of Berl<eley standards that are stricter than the new MRCSA state requirements. Come January 1, 2018, all products must be tested and provided by the distributor before purchase. Our dispensary will also perform random tests to ensure accuracy and to prevent fraud and/or errors. We will continue to use the Berkeley standard of testing to ensure safe and clean quality products for our patient base. Testing will be for pesticides, potency, molds and mildews, Anaerobic Bacteria, and yeasts. 3. What are the current rules for transportation of product to consumers and how will they be enforced at the dispensary? Currently the rules for the transportation of products to consumers is that the driver must be a member of your "collective" establishment and hold a current cannabis recommendation from a licensed physician and be legally able to drive. All drivers will be screened by a motor vehicle report to ensure safe drivers with no moving violations on their record. In addition, all transporters must provide proof of current driver's license, current cannabis recommendation, and must have accurate records in the patient database. Transportation documents will be provided to the transporter for law enforcement notification. The transportation documents are a file consisting of: a. copy of driver's license b. copy of driver's cannabis recommendation c. Dispensary rules and guidelines d. Articles of incorporation e. Business permit f. State license (when applicable) 4. Which state licenses will you be seeking? Dispensary License 5. Will you seek recreational dispensary license if available for this location? There was some misperceptions and assumptions made during the meeting regarding this issue. I would like to clarify and expand upon my response. We are seeking a medical cannabis permit. The city of Ukiah does not have a recreational permit. Ukiah would have to approve a recreational permit prior to any dispensary changing its operation to recreational. Come January 1, 2017, no dispensary will be authorized to switch to recreational without the local jurisdiction's approval. We are a medical cannabis dispensary. My response at the meeting is that if Ukiah approved recreational we would consider it, as most dispensary businesses would. Consideration would include speaking to members of the community, our patient members, and analyze our business operation prior to determining the best course of action. It was suggested that we are using this dispensary permit as a stepping stone for recreational and that couldn't be farther from the truth. I have over 20 years of inedical cannabis industry experience and have been a leader at the forefront of the medical cannabis industry from the beginning. I have helped thousands and thousands of patients and worked at hospice for terminally ill patients. I have coordinated free cannabis programs to give low income people access to affordable cannabis medicine. My resume speaks for itself. We aim to use my experience over the last 20 years to improve the dispensary experience for our patient members by providing organic local cannabis; finding new ways to research, educate and provide for our patients in a holistic and better way than previous dispensaries. 6. Will you be providing an operations plan for staff to review and make a part of your permit At the last hearing it was discovered that the packet provided to the commissioners had some missing items. There was also Items on the packet that were selectively edited or removed from the application prior to final submittal but were included in the packet provided to the planning commission which caused some confusion for all parties involved. It was determined that key security and safety plans were omitted �( from the planning commission packet for confidentiality purposesUwhich left security information out and hindered the ability of the commissioners to judge the efficacy of the security plan to ensure public safety and possible concerns of the public. Effort has been madelkince the last hearing, under the guidance of the city attorney and planning staff, to release essential details of the Safety/Security plan and operations plans that highlight the necessary requirements set forth in the Ukiah city ordinance. We have authorized the release of security/safety plans for your review. These required operations and security plans were reviewed by all necessary city agencies; including the Ukiah Police Department and approved prior to the initial hearing. In the application I have provided the following operations details: a. Management information b. Employee information c. Name of track n trace/ POS software, "Bio Track" d. Dispensary access controls e. Dispensary access & age requirements f. Product dispensing operations plan g. Hours of operation h. Consumption restrictions i. Retail and cultivation plans j. Operating plans including staffing levels, storage and floor plan outline, & odor control plans k. Security/ safety plans/alarm, surveillance I. Employee records m. Patient records n. Signage o. Staff training p. Site management All operational plans that contain confidential or proprietary information has not been included in the application. During the previous hearing, the Planning Commission provided questions regarding the operations that was not clear to the specific commissioner asking the question. I have provided my responses to the questions provided to me by city staff in the Planning Commission Meeting Responses document. Thank you for taking the time to review and ask questions regarding the operation and our applicationX t appreciate all your time spent and your further consideration. Sincerely, Steely Inoue Director of Operations Dogwood Dispensary ATTACHMENT 11 Zo/31/Zo1� Dogwood Dispensary Application Planning Commission responses: It was the consensus of the Planning Commission to continue the proposed project to a date certain of November 8, 2017, and requested the following information from Planning staff and applicant: (Responses are in red) 1. A comprehensive survey to verify the distance requirements were properly measured/calculated and/or not inadvertently omitted for any and all 'Youth Oriented Facilities' (within 250 ft.) and 'Schools' (within 600 ft.) I have re-verified distances from all youth oriented facilities.The River Church remains the closest "youth oriented facility" at 304ft.The Arbor Youth center is 400+feet away. In addition to a more expansive search online, the neighborhood was canvased by foot to look for ANY SIGNS OF CHILD CARE/ DAYCARE, SCHOOLS, OR OTHER "YOUTH ORIENTED FACILITIES" as defined by the Ukiah Medical Cannabis Dispensary Ordinance. I did not locate or discover any "youth oriented facilities in the 250-ft. radius of our property. City associate planner obtained a letter from the director of the local Rural Communities Child Care for NCO that stated that no record of licensed day cares within 250-ft. of the proposed property. Distance confirmation to the nearest school (Accelerated Achievement Academy) was verified originally by a certified land survey specialist, Bradley Thomas of Doble, Thomas and Associates. Bradley Thomas has reviewed the previous findings and has provided a current statement supporting its accuracy. The distance map provided, showing the distance to the nearest school exceeds the maps provided by the previously awarded dispensary permit holder, Ukiah Valley Holistics as that was done with a google map and not provided by a certified land surveyor/ distance expert. Furthermore, The Accelerated Achievement Academy shares the property with the Goodwill and is technically an additional 7((urther away from the dispensary� •Plans about the storage of marijuana plants on the dispensary premises. Would like to know if there is a requirement for the number of plants that are allowed in a medical marijuana dispensary?Would like clarification whether or not the proposed medical marijuana dispensary plans to allow for 'more' storage area. There is no local or state limit on plants stored on property if they are for nursery stock only and not for flower production/cultivation purposes. We will only limit plants to be stored on one restaurant grade, stainless steel metro rack with the dimensions of 48" wide by 96" tall and 24" deep. This can support up to 20 trays of nursery clones of 50 clones each. Nursery clones are very immature plants less than 12" high. Generally, a mix of a few different strain varieties are provided to patient members upon request for purchase./�owu�ov�r�nvX Given the anticipated few number of patient members we have adequate storage set aside for products including a working bank vault. �Would like more information from the applicant if the future intent of the dispensary is to become more of a 'recreational marijuana' business as opposed to the dispensary being primarily a medical marijuana dispensary business and/or is the proposed project basically a plan for business growth down the road. If so, is there a business plan in place for this. There is no intent for recreational use. Ukiah would have to adopt a recreation ordinance for any dispensary in town to switch to recreational use. As stated in my expanded response to Christopher Watt's question regarding the matter; if the city approved recreational use, we would consider it at that time. Consideration would include but not be limited to speaking with community members and city staff and council/commission members. Our mission is to enrich the experience for our patient customer members. We are not doctors. Our expertise is in providing the highest quality of inedicine and providing the most educated and best customer service to our patients that any other dispensary. We can stand by this statement due to the vast level of experience and cannabis knowledge our team possesses. We are a community based organization. Rural Communities Child Care �QRTH COA�T Teri Sedrick, Director 413 North State Street OPP�RTl1�ITIES Ukiah,CA 95482 (707)467-3200 (707)467-3216 FAX Adele Phillips City of Ukiah Community Development Department Ukiah, CA 95482 October 31, 2017 Dear Adele, After a review of our records of licensed child care facilities in the City of Ukiah we have determined that there are no licensed child care facilities at the following addresses: 178 Low Gap Rd 168 Low Gap Rd 158 Low Gap Rd 148 Low Gap Rd 950 N State St 170 low Gap Rd 152 �ow Gap Rd 152 Low Gap Rd 896 N State St 892 N State St 888 N State St 825 N State St 915 N State St 949 N State St 946 N State St 954 N State St 188 low Gap Rd 955 N State St 857 N State St 920 N State St Sincerely, �-.� �,,��--� �- Brandy Perry Child Care Resaurce&Referral Manager cc: Teri Sedrick, NCO/RCCC Program Director NCO pledges to be a(eader in developing and praviding human services fhat strengthen aur community. Lakepo�t Office: Clearlake Offlce: Fort Bragg Office: Willits Office: 707.263.4688 707.994.4647 707.964.3Q80 707.459.2019 SCHOOL(600 ft or over requirement) DISTANCE(Feet) Ukiah Adult School 1400+ Frank Zeek Elementary School 1500+ Ukiah High school 3400+ Accelerated Achievement(Goodwill) 600+ Orr Creek School 3500+ YOUTH FACILITY (250 ft or over requirement) DISTANCE(Feet) RiverTree Church 300+ The ArborYouth Resource Center 400+ ATTACHMENT 12 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 1 2 3 Figure 1. General Plan Land Use Category 4 � �� GENERALPLAN � I LDR•,:,...,,..:t,y MDR,,,,-.,,.:,..:,..S �HaR...,.,.:..,-. � RR..a.... _� � .,, p �,.. �REC�ry��- S � _MPA.,.<,_.,.� , 6 7 Figure 2. Zoning Designation 8 � � � �,V .�� i � C!) � � ' s� � � ���� � ' � �=-�` '�' v�� c? � � �� �� ��. i � ��------� y ���, �r" � � � �� � 2QNING � GU — ,! t _ pC I� m uc —� �� `' �N � �, — — — — —I , '��,� - �2 � � PF I ��� � �I � P�-Residential � I � � � �' - � � P�-Commercial I� I h9 � � i R1 � I I ���.���_ R 1 N i—� --- , —� � ��- R2 9 , � � I.�: ' _ �� 1 2 Figure 3. Aerial View 3 � � ,� ' _ '^, � ._.�yr� , � ��; �.. ,t-' � _ ��� � � � . �� �,/�' ' - �t' ��: ��s _ , �'� r�I� .u$ �� 1.' � i�� :. U� -�r.�fh , ��'�' _ �, �. � 1 �' � .�.. I x � � �� �w.. ar.�,. 'r _�J :�' �Y. � �v '� _ t ..� :•'iE � ' �� � 4 �.��_ •+x 'a �•., �H... ��.�1.i '�1����1�;� - �� ��`F �' � ` 1 ��.. �'1� -.� ��� :;.y�, ,1K:7' - � - �. ` �4 C.�- ,t y�— �, 'y/,� ��.��,\\ A th �rr.� ...� . � m � . *a _�-�--� .e�rr�4^�i s�s� ' : - A �� zb- ��.�:� �c:- -- - .,. . .._ . ,.._� _ ,�-� -�rn:��i��: . . - =_l� ��. � �� ���� �a :�� - . �, � � � a` + - � a ` ; �r i i a�:: , �f• � - �'" "� q � ` - --_ �� ,� - ,�,� '�: , w c: � S� � a, :•'�".� + �• � ,� �n� , �„ . ,* - - '�. �°'''��r'` � '� + '�`� - � , �I ' � � 4 .�,.r�� '+ .. -. �' 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 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. 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 � �� �_r� � Accelerated Achievement Academy � ��4 � +� 4-- Lf1 . � � ++ u � � ±3��f� � r----- . . , The River Ukiah i � '------ R � 2 2 R• 23 24 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 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. � �-' • � . ��. _.� �� .� , +:� .� ,� �k . ���:-- • 7 . � , r , i I r . . L .•�� ,� ...� S" �'. ' �y� ��I ,�. _ .� � a }' y�� . .�. .�. EXPLORE IMAGINE DESIGN INVIGORATE INSPIRE (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} 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. (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. (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 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 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. 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. 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. (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 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 (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. (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. (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 (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 (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 DOG�OOD 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. 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 DOG�OOD 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): 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. (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 DOG�OOD 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. 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 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. (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, 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 business acts or practices. (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 SECURITY POSTS SURVEILLANCE _ _ PRODUCT STORAGE AND DISPLAY _ CANNABIS SAFE HANDLING 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 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 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. 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- 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. (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 '��-! � � _ . _ r_ -�_ �_ . ,�; � � � . . � � � � il - . � f , �� i ` '� - �r: ..+�I I � ��� � .�;, .� _- : 4 � � J � '- ' � �� I� , ;` • � . � �, � I - � � � •-�r 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 whilF tr�� 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. (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. . • . ' � '� _ ._� .� � FIGURE 19.3 ���� � .� � � _ _ _ _ •` -, �;. . �. '� � - � ;� I � �. M �` + � y� �N��N�X1� 1� � - T•� . � � � �� �� � � M!� , _ f r� � ,- y a � � . �,y � p ` � . _ 5 rr� ' J'at' n � �� �� ' , , '" Z ' �y � t�7 , r� . � ,� � �, . . _ � � � � � � , .N � �] r � �{ _� ��- y Z N W n I � ' � � ���� ' • - � � � � ����t.,l �-�'^Rd'�'` .��` � Low�Gap Rd �v��`G p�Rd Low Gap t ��� � . -- -r - :�,� �r•.-�-= "� _ - �� 108 ` � �� � , �� �}�r.- 1 (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. (21) Lighting Plan See figures 21.1 to 21.28. Pictures of all interior and exterior lighting. (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. 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U � ��ti � ❑ ❑ �❑ � ❑ � ❑ ❑❑ ❑ . ❑❑❑� ❑ ❑ � ❑ �❑ ❑ ❑ ' . � � �' � ❑ ❑ �❑ � ❑ � ❑ ❑❑ ❑ ' . � ����� � � ��I���I����1� � �� ����. � '�,�TE� � ❑ ❑❑ ❑ ❑❑ � ❑ ❑C � ���+���� � ����� � ❑ ❑ ❑ ❑ ❑❑ ❑� ❑ ��ILJ�' � �� - � � �� ' ' �� � � s .. , . � _ � �� �_ . . . .,� � ��� �� – � � �- . __— � �� � ��. — .�_ � � . � �- '�' �= �L � �„�.� � � � _ i�ii!-.- � � ���1�� • _ _ � _. ��..���ti•- .,,,..„,� � �'''�*�-{ - _, • � ��I��� � ' , � � � � � � . � � � � � � ❑ � � � � � o 0 � � �� I � �� � � ❑ � u � � - ❑ ❑ ❑ � � � � � ❑ ❑ � � � ti � � ❑ � � ❑ � � � � � � � e � � � o _ � � �— , � ❑ ❑ � � _ � I � � � _1 = -- � � ❑ � � � � �� � � � ❑❑�❑❑❑❑❑❑❑ ❑�❑❑❑❑❑❑� ❑❑ ❑ ❑ � � U ���❑❑�❑ ❑ ❑ B ❑ ❑ � � 0 0 0 e 0 � 00000��oo 0 0 0 ❑❑�❑❑❑❑❑❑❑❑ � ❑❑❑❑❑❑❑� ❑❑ � 00000�o 00 ❑❑❑❑❑❑❑�❑ 00 ❑❑❑❑�❑❑❑❑ � ❑❑❑❑❑❑ ❑❑❑��❑❑� � ❑❑❑❑� 00000 �0� ❑ � ❑❑❑❑ � ❑❑� 0 Figure 14.c1.2 GOOGLE MAPS: Distance from Accelerated Achievement Academy 1031 N.State Street Ukiah,CA 95482 i�h� C,.�n Shc�p � . F3ic� [� Tir�� � E3cs# In �how� �:;c�d4'�ill - F2c.citi•�o[�d FrT•��ir� . . � � . � Nort�7 [:o�s# . . � �_�� F'7r�rc��' �[�rrifr;�;;� � . �. . . +„ �A.�#o�c�nc G I JU�•'s �u#GUo' S#Ore � McC:{:•#�,+'s A4.#ti;t�od�,+ � - - � 0 . o P��.ifir Clutfit#[;rs � � .., � r�f lJki#�'7 . �. � •# � 0 0 � ��JffTl[;f �f(]#f'u".4,' � �'�.1�4 F3:;(;]�' � D�:�'� Ir•r �,�i�f� �.� ��� �41�:a� M�ft �nnx r�,..a4 c•...,. r.�,...+ . . i';�c=v� c . :=cl'_c T�}t$� v ."it3:l:E: wQ iC - ��'„'� 'Y': � � . _ � r. � .. � . t +�=G - d e-{ GOOGLE MAPS: Distance from The River (Church) F ig u re 14.C2.� 195 Low Gap Rd. Ukiah,CA 95482 . .� � D����; Ir•� l,�i�h� �• QLIC.`S� �cift 904 North Stat�Stre�t - . . � � �.06�#�` . ,��#7�, #� . . � � � Th�. Riv�.r �Jki:�h Frr['r:;olr: Nl�rt.��ry . �, Crs��:'s Qu�li#y' Tir�.; . Fi•rs��.r'� VC�.�.���-r� .. � ��,'�vv�-� �=:��-.� - � -- � � �� ,� � � T•�ta! v�tar�:e• 3G�-. =�92.��'� mi R�:d4��[�od Tr[�[; : , � �[�r�i�ts S#:�#i�n . - ' � � _� � � Figure 18.1 �`�� � A� � � . - - " � �, .- _ - �a � - - — .� �� _ _ - - � , , � . _-~ , � � � �' � � � �� . _ ��, � .t ,- � . . S'y � / � • - � � , �t , �'; , � �, " . ,, _� - � -- � ��, � .. __. � i , . ! t � , y , � 'a� � . + �� � � � . �.-----~' ��,���w�G a p R:d �w�'Gap R�d Low Gap Rd � � - �� � .. � �-_.,. -;�:-- ___._ =�. ��� . - _ 123 _ '' � �,�" �' . � � ��� �. � (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. � . .�. . .� . . � ' � • �F , �� • . ,; . � . �J. r ���• � �`-` - . �� _ � �. � , � � ... � � � �' ._. 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"': n _ - . �� ..�: ��.� '� A r= ��I . - 'r . 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 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 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. 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. ORDINANCE NO. 1176 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 8 IN DIVISION 6; TABLE 3 IN SECTION 9223.1 OF ARTICLE 18, CHAPTER 2 IN DIVISION 9; AND SECTION 9254 IN ARTICLE 19, CHAPTER 2 IN DIVISION 9 OF THE UKIAH CITY CODE, ENTITLED "MEDICAL MARIJUANA DISPENSARIES" The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Chapter 8 in Division 6 of the Ukiah City Code is hereby amended to read as follows: § 5700 FINDINGS AND PURPOSE The City Council adopts the ordinance codified in this Chapter based upon the following findings: (A) In 1970, Congress enacted the Controlled Substances Act("CSA")which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. (B) In 1996, the voters of the state of California approved Proposition 215, or the Compassionate Use Act of 1996, codified at Health and Safety Code §11362.5 et seq. (the"Act"). (C) The Act creates a limited exception from criminal liability for seriously ill persons who are in need of inedical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances. (D) On January 1, 2004, SB 420 went into effect. SB 420, codified as Health and Safety Code §§ 11362.7 — 11362.83 and known as the "Medical Marijuana Program" ("MMP") was enacted by the state legislature to clarify the scope of the act and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. (E) After the enactment of the MMP and in response to the MMP's explicit reservation of local authority to regulate medical marijuana cultivation and distribution, the City Council took legislative notice of the fact that California cities and counties that had permitted the establishment of inedical marijuana dispensaries had experienced serious adverse impacts associated with and resulting from such dispensaries, including an increase in crime, including burglaries, robberies, violence, illegal sales of marijuana, use of marijuana by minors and other persons without medical need in the areas immediately surrounding such medical marijuana dispensaries; and malodorous smells, indoor fire hazards, mold, fungus, and pests caused by indoor cultivation at dispensaries. (F) To address these potential adverse impacts, in 2007, the City Council enacted Ordinance 1095, §1 ("Medical Marijuana Dispensaries Ordinance"), which prohibited and declared a public nuisance medical marijuana dispensaries in the City of Ukiah. (G) The 2007 Medical Marijuana Dispensa�ies Ordinance also states that the City Council's intention is to prohibit the operation and location of dispensaries in the City "until such time as their legality is clearly established and a proposal can be developed that would satisfy the city council that the facility could operate without causing [serious adverse impacts]". 1 (H)On October 9, 2015, the Governor signed into law AB 266,AB 243, and SB 643,which together comprise the Medical Marijuana Regulation & Safety Act ("MMRSA"). The MMRSA, which went into effect on January 1, 2016, created a statewide regulatory structure forthe medical marijuana industry that also allows local governments to regulate the operation of marijuana businesses within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA allows the City of Ukiah to issue permits or licenses to operate marijuana businesses or prohibit their operation,to regulate or expressly prohibit the delivery of inedical marijuana within its boundaries, and to regulate or expressly prohibit the cultivation of marijuana within its boundaries. Pursuant to the MMRSA, if the City opts not to expressly prohibit or regulate the cultivation, processing, delivery, and/or dispensing of inedical marijuana, the State will be the sole licensing authority for these activities in the City. (I) To protect the public health, safety, and welfare, it is the desire of the City Council to modify the City Code consistent with the MMP and the MMRSA, regarding the location and operation of inedical marijuana dispensaries, delivery of inedical marijuana within the boundaries of the City, and cultivation of inedical marijuana within the boundaries of the City. (J) There have been a number of marijuana dispensing-related incidents in California, some including acts of violence committed by persons without a legitimate medical need to use marijuana. (K)The City Council finds that medical marijuana dispensing which exceeds the limitations set forth in these regulations will likely result in an unreasonable risk of crime and other adverse impacts and will likely create offensive odors to persons living nearby. (L) It is the City Council's intention that nothing in this Chapter shall be construed to (1) allow persons to engage in conduct that endangers others or causes a public nuisance; (2) allow the use of marijuana for non-medical purposes; or(3) allow any activity relating to the distribution or consumption of marijuana that is otherwise illegal. (M) Pursuant to Califomia Health and Safety Code § 11362.71 et seq., the State �epartment of Health through the state's counties, is to be responsible for establishing and maintaining a voluntary medical marijuana identification card program for qualified patients and primary caregivers. (N) Health and Safety Code§ 11362.71(b) requires every county health department, or its designee, to implement a procedure to accept and process applications from those seeking to join the identification program in the manner set forth in § 11362.71 et seq. (0) This Chapter is compatible with the general objectives of the general plan, in that a Medical Marijuana Dispensary use will be conditionally permitted in commercial and industrial districts, being similar to other permitted and conditionally permitted uses, such as pharmacies and medical clinics, and in that the use will be subject to strict review and conditions. (P)This Chapter will not be detrimental to the public health, safety and general welfare or adversely affect the orderly development of property, because the uses permitted under this Chapter will be subject to careful review, limited in scope and location, and subject to strict operating requirements, avoiding or limiting potential negative effects. (Q) It is the purpose and intent of this Chapter to regulate medical marijuana dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the City. 2 § 5701 INTERPRETATION AND APPLICABILITY. (A) This Chapter is not intended to create a positive conflict with the CSA, but rather to implement the MMRSA and related state laws. (B) Nothing in this Chapter is intended, nor shall it be construed, to exempt any marijuana- related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building, fire, or land use standards or permitting requirements. (C) Nothing in this Chapter is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of marijuana that is otherwise prohibited under California law. (D) All processing and distribution of inedical marijuana within City limits shall be subject to the provisions of this Chapter, even if the processing, distribution, or cultivation existed or occurred prior to adoption of this Chapter. (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any "commercial cannabis activity," as defined in Business and Professions Code § 19300.5(j), or any commercial or non-commercial activity involving marijuana use for recreational or other non- medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. For the purpose of this Chapter, the following words and phrases shall have the following meaning: (A) "Accessory building" shall have the same meaning as set forth in City Code § 9278. (B) "Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a Dispensary. (C) "City" means the City of Ukiah. (D) "Delivery" shall have the same definition as set forth in California Business and Professions Code § 19300.5, and as it may be amended. (E) "Dispensary Use PermiY' means a permit required to operate a Medical Marijuana Dispensary within the City and that is issued pursuant to this Chapter. (F) "Drug paraphernalia" or"paraphernalia" shall have the same definition as set forth in City Code § 6071. (G) "Identification card" shall have the same definition as in California Health and Safety Code § 11362.7, and as it may be amended. (H) "Medical Marijuana Dispensary" or "Dispensary" means a "Dispensary" as defined in California Business and Professions Code § 19300.5, as it now reads or may be amended in the future. 3 (I) "On-Site" means an activity or accessory use that is related to the primary use — i.e. lawful, retail distribution of inedical marijuana — and is located on the same legal parcel as the primary use. (J) "Permittee" means the person to whom a Dispensary Use Permit is issued. (K) "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. (L) "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code § 11362.7, and as it may be amended. (M) "Physician" means a licensed medical doctor (M.D.) or a doctor of osteopathic medicine (D.O.). (N) "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code § 11362.7, and as it may be amended. (0) "Qualified patient" shall have the same definition as set forth California Health and Safety Code § 11362.7, and as it may be amended. (P)"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including any other college or university. (Q) "Use Permit" shall have the same definition as set forth in City Code § 9261 and as it may be amended. (R) "Youth-oriented facility" means a public park, church, museum, library, or licensed daycare facility. (S) "Zoning Administrator" means the Zoning Administrator of the City of Ukiah or the authorized representative thereof. § 5703 DISPENSARY USE PERMIT REQUIRED TO OPERATE. (A) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a Medical Marijuana Dispensary unless the person first obtains and continues to maintain in full force and effect a Dispensary Use Permit from the City as required in this Chapter. (B)After January 1, 2018, or such time when State implementing regulations are in effect for the MMRSA,whichever is earlier, it shall be unlawful to operate any business or conduct any activity in the City for which a State license is required under the MMRSA without also having a valid State license pursuant to the MMRSA. Prior to implementation of the State license program pursuant to MMRSA, any operation of a Dispensary, cultivation of inedical marijuana, or delivery of inedical marijuana permitted by the City shall be conducted in accordance with this Chapter, the City's Zoning and Land Use Ordinances, and all laws pertaining to the equivalent license classification under the MMRSA. 4 (C) The grant of a Dispensary Use Permit by the City shall not create an entitlement or vested right in the permitee to any permit or license to operate any commercial, non-medical marijuana businesses or conduct any commercial, non-medical marijuana activities within the City. § 5704 TERM OF PERMITS AND RENEWALS REQUIRED. (A) Dispensary Use Permits issued under this Chapter shall expire one year following the date of their issuance which date shall appear on the face of the permit. (B) Dispensary Use Permits may be renewed by the Zoning Administrator for additional one-year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this Chapter. (C) Applications for renewal shall be made at least 45 days before the expiration date of the permit and shall be accompanied by the nonrefundable application fee referenced in Section 5706 and all information necessary for the Zoning Administrator to evaluate the renewal request in light of the criteria listed in (F) below. In acting on an application for renewal the Zoning Administrator shall follow the procedures set forth in Section 5711(B) and (C), except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Upon timely application to renew a permit, the permit being renewed shall remain in effect until final action is taken to grant or deny the renewal application. (D) Applications for renewal made less than 45 days before the expiration date shall be processed in the same manner as a timely renewal application but shall not stay the expiration date of the permit. (E) Renewal applications shall be subject to duly noticed public hearings in accordance to the procedures set forth for minor use permit applications in Section 9262 of Division 9, Chapter 2, Article 20 of the City Code. (F) In determining whether to renew a Dispensary Use Permit, the Zoning Administrator will consider the following non-exclusive criteria, in addition to those criteria set forth in this Chapter at Section 5710: (1)Whether the Dispensary operated by the permittee has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Dispensary. (2) Whether there have been excessive secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. (3)Whether the Dispensary operated by the permittee has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the operating requirements and standards in this Chapter. (4) Whether the Dispensary has failed to pay fees, penalties, or taxes required by this Code or has failed to comply with the production of records or other reporting requirements of this Chapter. (5) Whether it appears that the permittee has, in its renewal application, provided a false statement of material fact or has knowingly omitted a material fact. (6) Whether the renewal applicant or one or more of its officers, employees, partners, managers or members with management responsibilities ("Managers") has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of a Dispensary operator. A conviction within the 5 meaning of this Chapter means a plea or verdict of guilty, or a conviction following a plea of nolo contendere. Nofinrithstanding the above, an application shall not be denied solely on the basis that the applicant or any Manager has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted. (7) Whether the renewal applicant or Dispensary has previously or is currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (G) The Zoning Administrator shall make findings of fact and either grant, grant conditionally, or deny the application for renewal of a Dispensary Use Permit. An applicant aggrieved by the Zoning Administrator's decision to issue or to deny a Dispensary Use Permit renewal may appeal such decision to the Planning Commission by filing an appeal. All determinations of the Zoning Administrator regarding Dispensary Use Permit renewals shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the Planning Department within ten (10) days of the date the decision was made. The appeal fee will be in addition to the nonrefundable renewal application fee. Appeals may be filed by an applicant. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in Section 9266 of Division 9, Chapter 2, Article 20 of the City Code, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. At the close of the public hearing, the Planning Commission may affirm, reverse, or modify the appealed decision of the Zoning Administrator. All Planning Commission decisions on appeals of the Zoning Administrator's decision with regard to an application for a Dispensary Use Permit renewal are final for the City. §5705 GENERAL TAX LIABILITY. As a prerequisite to obtaining a permit pursuant to the terms hereof, an operator of a Dispensary shall also be required to apply for and obtain a Business License or exemption from the City of Ukiah and obtain a seller's permit or exemption from the State Board of Equalization pursuant to Division 2, Part 2, Chapter 2, Article 2 of the Cal. Revenue and Taxation Code, commencing with Section 6066e. Dispensary sales shall be subject to sales tax consistent with State law. §5706 IMPOSITION OF FEES. Every application for a Dispensary Use Permit or renewal shall be accompanied by an application fee, as established by resolution of the City Council from time to time. This application or renewal fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or permit fee imposed by this Code or other governmental agencies. Fingerprinting, photographing, and background check fees will be as established by resolution adopted by the City Council from time to time. § 5707 LIMITATION ON LOCATION OF DISPENSARIES. (A) A Dispensary may only be located within the C1, C2, CN, M, and PD (Commercial) zoning districts and in the GU, UC, and DC downtown zoning districts as designated in the General Plan, Zoning Map. (B)A Dispensary shall be in a visible location that provides good views of the Dispensary entrance, windows and premises from a public street. 6 (C) A Dispensary shall not be allowed in the following areas at the time of its permitted establishment: (1) Within 600 feet of a School, with that distance measured as the horizontal distance in a straight line from the property line of the School to the closest property line of the lot on which the Dispensary is to be located without regard to intervening structures, pursuant to California Health and Safety Code § 11362.768; or (2) Within 250 feet of a Youth-oriented facility other than a School, or another Dispensary, with that distance measured by street frontage from the property line of the Youth-oriented facility to the closest property line of the lot on which the Dispensary is to be located, and not radial distance; or (3) Abutting, on any side of the parcel upon which the Dispensary is located, a parcel occupied by a Youth-oriented facility, a School, or another Dispensary; or (4) Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation. (5) On a parcel having a residential unit, or on a parcel directly abutting a residentially-zoned property, unless there are intervening non-residential uses between the Dispensary and the residential unit or the residentially-zoned property that the Planning Commission or, on appeal, the City Council determines sufficient to provide an appropriate separation. (D) A waiver of the provisions in subsections (C)(2)-(5) of this Section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the Dispensary. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not have been convicted of any of the felony offenses enumerated in Health and Safety Code § 19323(b)(5), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. (B) Minors. (1) It is unlawful for any permittee, operator, or other person in charge of any Dispensary to employ any person who is not at least 21 years of age. (2) Persons under the age of 18 shall not be allowed on the premises of a Dispensary unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. (3) The entrance to a Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of 18 are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. (4) The burden of proof is on the Dispensary personnel to establish compliance with this subsection (B) by clear and convincing evidence. (C) Dispensary Access. 7 (1)The entrance into the Dispensary building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance. (2) Dispensary personnel shall monitor site activity, control loitering and site access. (3) Only Dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be allowed on the premises at a Dispensary. (4) Potential patients or caregivers shall not visit a Dispensary without first having obtained a valid written recommendation from their physician recommending use of medical marijuana. (5) Only a primary caregiver and qualified patient shall be a in the designated dispensing area with Dispensary personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. (6) Restrooms shall remain locked and under the control of management. (D) Dispensing Operations. (1) The Dispensary may possess no more dried marijuana or plants per qualified patient or caregiver than permitted in strict accordance with California Health and Safety Code § 11362.77 and any other applicable State law, and as amended. (2) A Dispensary shall only dispense to qualified patients or caregivers with: (a) a currently valid physician's approval or recommendation in compliance with the criteria in California Health and Safety Code § 11362.5 et seq. and valid official identification, such as a Department of Motor Vehicles driver's license or State Identification Card, or (b) a currently valid California Medical Marijuana Identification Card or a Patient ID Center ldentification Card. (3) For qualified patients or caregivers without a California Medical Marijuana Identification Card or a Patient ID Center ldentification Card, prior to dispensing medical marijuana, the Dispensary shall obtain verbal, online, or signed verification from the recommending physician's office personnel that the individual requesting medical marijuana is a qualified patient. (4) A Dispensary shall not have a physician on-site to evaluate patients and provide a recommendation for medical marijuana. (5) Patient records shall be maintained and verified as needed, and at least annually verified with the qualifying patient's medical doctor or doctor of osteopathy unless the patient has provided a California Medical Marijuana Identification Card or a Patient ID Center ldentification Card. (6) Information on prior year's operations shall be provided annually, as required in this Chapter. The operator shall adjust the operations as necessary to address issues. (E) Hours of Operation. Hours of Operation are limited to 9:00 a.m. to 9:00 p.m., seven days a week. (F) Consumption Restrictions. (1) Marijuana shall not be consumed on the premises of the Dispensary. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other surroundings within 200 feet of the Dispensary's entrance. (2) Dispensary operations shall not result in illegal redistribution of inedical marijuana obtained from the Dispensary, or use in any manner that violates local, State or City Codes. (3) No person may consume marijuana, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, city owned parks and/or city 8 sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in City Code § 6000 and as amended, enclosed places and places of employment as defined in City Code §§4503 and 4505 and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this Section is intended, nor shall it be construed to be inconsistent with the California lndoor Clean Air Act of 1976, Health and Safety Code § 118875 et seq and as amended. (G) Retail Sales and Cultivation. (1) No cannabis shall be cultivated on the premises of the Dispensary, except in compliance with this Chapter and with City Code §§6093 and 9254 and Health and Safety Code§ 11362.5 et seq. The space devoted to on-site cultivation at a permitted Dispensary shall not exceed twenty-five percent of the total floor area, but in no case more than five hundred square feet. Cultivation shall be limited to interior areas of buildings. (a) Except for immature nursery stock marijuana plants, marijuana plants grown by the Dispensary shall only be utilized for production of processed marijuana to dispense to patients. (b) A security plan for the growing area shall be submitted to the Ukiah Police Chief for review and approval. Such plan shall include: security alarms and surveillance systems; physical measures to prevent access to the area by anyone other than Dispensary staff; and physical measures to prevent vehicle penetration of the growing area. (c)The cultivation area shall include a one-hourfirewall assembly and shall not create excessive humidity or mold conditions. The cultivation area shall have an air treatment system that prevents odors generated from the cultivation of marijuana on the Dispensary property from being detected by any reasonable person of normal sensitivity outside the Dispensary property, as set forth in City Code § 5708(I)(4). The medical marijuana cultivation area shall be in compliance with the current, adopted edition of the California Building Code as regards Natural Ventilation or Mechanical Ventilation. (d) Cultivation facilities are strongly encouraged to utilize the most water- efficient and environmentally-responsible cultivation practices available. The City reserves the right to require annual reports on cultivation facility practices, including but not limited to cultivation mediums and water use methods. (e) The cultivation use shall comply with applicable stormwater, wastewater, and Building Code requirements and any applicable State or Federal law, including the Clean Water Act, 33 U.S.C. § 1251 et seq. (2) With the approval of the Planning Commission, a Dispensary may conduct or engage in the commercial sale of specific products, goods or services in addition to the provision of inedical marijuana and other items permitted by these regulations on terms and conditions consistent with this Chapter and applicable law. (3) Up to 150 square feet of the total square footage of the Dispensary may be utilized for display and sales of devices necessary for administering medical marijuana, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. Such devices may only be provided to qualified patients or primary caregivers and only in accordance with Health and Safety Code § 11364.5 and as amended. (4) Retail sales of inedical marijuana that violate California law or this Chapter are expressly prohibited. 9 (5)A Dispensary shall meet all the operating criteria for the dispensing of inedical marijuana as is required pursuant to California Health and Safety Code § 11362.5 et seq and as amended. (6) The provision of locally-grown and organic marijuana is encouraged. (H) Operating Plans. (1) Floor Plan. A Dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscapirig and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. (2) Storage. A Dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of inedical marijuana. (3)Minimum Staffing Levels.The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing medical marijuana. (4) Odors Control. The Dispensary shall have an air treatment system that prevents odors generated from the storage and cultivation of marijuana on the Dispensary property from being detected by any reasonable person of normal sensitivity outside the Dispensary property. To achieve this, both the storage and cultivation areas shall be, at minimum, mechanically ventilated with a carbon filter or superior method. (5) Security Plans. A Dispensary shall provide adequate security on the premises, as approved by the Chief of Police and reviewed by the Planning Commission, including lighting and a premise and panic alarm system monitored by a licensed operator,to insure the safety of persons and to protect the premises from theft. (6) Security Cameras. Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. (7) Security Video Retention. Security video shall be maintained for 90 days. (8)Alarm System. Professionally monitored premise and panic alarm system shall be installed and maintained in good working condition. (9) Emergency Contact. A Dispensary shall provide the Chief of Police with the name, e-mail address, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the Dispensary. The Dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. (I) Signage and Notices. (1) A notice shall be clearly and legibly posted in the Dispensary indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the Dispensary is prohibited. The notice shall be posted in both English and Spanish. (2) Signs on the premises shall not obstruct the entrance or windows. (3) Address identification shall comply with illuminated address signs requirements. (4) Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with City Code § 3227 and any other City Code provisions regulating signage. (J) Employee Records. Each owner or operator of a Dispensary shall maintain a current register of the names of all volunteers and employees currently working at or employed by the Dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this Chapter. 10 (K) Patient Records. Information identifying the names of patients, their medical conditions, or the names of their primary caregivers is confidential and such disclosure is prohibited pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) and the Confidentiality of Medical Information Act (California Civil Code§56 etseq.). In orderto protect patient confidentiality,the Dispensary shall maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State, or its agent, pursuant to California Health and Safety Code§ 11362.7 et seq. Such records may be maintained on or off-site, and shall be made available for inspection by any City o�cial authorized to enforce this Chapter for purposes of determining compliance with the requirements of this Chapter. (L) Staff Training. Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and the Dispensary shall employ properly trained or use professionally-hired security personnel in accordance with the conditions of its permit. (M) Site Management. (1)The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject Dispensary. (a) "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request. (b) "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of marijuana or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or excessive police detentions and arrests. (2)The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas suRounding the premises and adjacent properties during business hours. (3) The operator shall provide Dispensary patients with a list of the rules and regulations governing medical marijuana use and consumption within the City and recommendations on sensible marijuana etiquette. (N) Compliance with Other Requirements. The operator shall comply with all applicable provisions of local, state or federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. (0) Confidentiality. The information provided for purposes of this Section shall be maintained by the City as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction or othennrise compelled by court order. (P) Display of Permit. Every Dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this Chapter for such Dispensary in a conspicuous place so that the same may be readily seen by all persons entering the Dispensary. (Q) Reporting and Payment of Fees. Each permittee shall file an annual statement with the Planning Department: (1) indicating the number of patients served by the Dispensary within the previous calendar year, (2) the continuing accuracy of the information in the prior year's 11 Dispensary Use Permit application, (3) documenting any changes or additions to that information as of the date for renewal of the Permit, any citizen complaints, City Code violations, and calls for law enforcement during the prior year, the applicant's compliance with applicable City and State law governing the operation of dispensaries, and (4) including any additional information the Planning Department deems necessary to administer this Chapter, and pay all annual permit fees. (R) Alcoholic Beverages. No Dispensary shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. (S) Dispensaries shall comply with the parking requirements for medical office uses. (� Inspections. During normal business hours, Dispensaries permitted underthis Chapter shall provide access for administrative inspections by City officials or officers to verify compliance with this Chapter.Any Dispensary's refusal to comply with this Section shall be deemed a violation of this Chapter. §5709 APPLICATION PREPARATION AND FILING. (A) Application Filing. A complete Dispensary Use Permit application submittal packet shall be submitted in accordance with City Code § 9262, including a detailed written statement as to how the proposed Dispensary complies with Sections 5707 and 5708, and any other information or submissions required by this Chapter. All applications for Dispensary Use Permits shall be filed with the Planning Department, using forms provided by the City, and accompanied by the applicable filing fee and any other applicable fees or charges. It is the responsibility of the applicant to provide information required for approval of the permit. The application shall be made under penalty of perjury. (B) Eligibility for Filing. Applications may only be filed by the owner of the subject property, or person with a lease signed by the owner or duly authorized agent allowing them to occupy the property for the intended use. If the applicant is a lessee, a copy of the duly executed lease currently in effect must accompany the application. (C) Filing Date. The filing date of any application shall be the date when the City receives the last submission of information or materials required in compliance with the submittal requirements specified herein. (D) Effect of Incomplete Filing. Upon notification that an application submittal is incomplete, the applicant shall submit any additional documents or information required to complete the application within thirty (30) days of the date the applicant is notified in writing by the Planning Department that the application is incomplete. If the applicant fails to complete the application within said thirty (30) days, the application shall be deemed withdrawn and a new application submittal that complies with Sections 5709(A) and (F) shall be required in order to proceed with the application. (E) Effect of Other Permits or Licenses. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining a Dispensary Use Permit. (F) Submittal Requirements.Any application for a Dispensary Use Permit shall include the following information. 12 (1) Applicant(s) Name. The full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), present address, and telephone number of the applicant; (2) Applicant(s) Mailing Address. The address to which notice of action on the application is to be mailed; (3) Previous Addresses. Previous addresses for the past five years immediately prior to the present address of the applicant; (4) Verification of Age. Written proof that the applicant is over the age of 21 years of age; (5) Physical Description. ApplicanYs height, weight, color of eyes and hair; (6) Photographs. Passport quality photographs for identification purposes; (7) Employment History. All business, occupation, or employment of the applicant for the five years immediately preceding the date of the application; (8) Tax History. The Dispensary business tax history of the applicant, including whether such person, in previously operating in this or another city, county or state under license has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation in which the applicant engaged subsequent to such action of suspension or revocation; (9) Management Information. The name or names and addresses of the person or persons having the management or supervision of applicant's business; (10) Criminal Background. A background investigation verifying whether the person or person having the management or supervision of applicant's business has been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefor; (11) Employee Information. Number of employees, volunteers, and other persons who will work at the Dispensary; (12) Plan of Operations. A plan of operations describing how the Dispensary will operate consistent with the intent of State law and the provisions of this Chapter, including but not limited to: (a) Ensuring that the Dispensary will not engage in retail sales of inedical marijuana that violate California law or this Chapter. (b) Controls that will assure medical marijuana will be dispensed to qualifying patients or caregivers only. (c) Controls that will ensure access to Dispensary premises is adequately monitored and restricted to pre-approved qualified patients and caregivers. (13) Written Project Description. A written description summarizing the proposed Dispensary use size, number of patients, characteristics and intent; (14) Written Response to Dispensary Standards. The applicant shall provide a comprehensive written response identifying how the Dispensary plan complies with the each of the standards for review in this Chapter, specifically the limitation on location and operating requirements in Sections 5707 and 5708; (15) Written Response to Criteria for Review Section. The applicant shall provide a written response indicating the method by which each of the criteria for review enumerated in Section 5710 has been satisfied; (16) Security Plan. A detailed security plan outlining the proposed security arrangements for insuring the safety of persons and to protect the premises from theft. The plan shall include installation of security cameras, a premise and panic alarm system monitored by a licensed operator, and a security assessment of the site conducted by a qualified professional; (17) Floor Plan. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the Dispensary. The sketch or diagram need not be professionally prepared, but must be drawn to a designated 13 scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; (18) Site Plan.A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches; (19)Accessibility Evaluation. A written evaluation of accessibility to and within the building, and identification of any planned accessibility improvements. (20) Neighborhood Context Map. An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the Dispensary, and: (a) the property lines of any School within 600 feet of the property line of the Dispensary for which a permit is requested, (b) the property lines of any Dispensary within 250 feet of the primary entrance of the Dispensary for which a permit is requested, and (c) the property lines of any youth-oriented facility or residential zone or use within 250 feet of the primary entrance of the Dispensary; (21) Lighting Plan.A lighting plan showing existing and proposed exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation. All lighting shall be fully hooded and downcast, and shall not shine towards the night sky, adjacent property or any street. (22)City Authorization. Written authorization for the City, its agents and employees to seek verification of the information contained within the application; (23) Statement of Owner's Consent.A statement in writing by the applicant that he or she certifies under penalty of perjury that the applicant has the consent of the property owner and landlord to operate a Dispensary at the location; (24)ApplicanYs Certification. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct; (25) Other Information. Such other information as deemed necessary by the Planning Department to demonstrate compliance with this Chapter including all City and State Codes, including operating requirements established in this Chapter. (G) Renewal. Applications for one-year renewal shall be accompanied by the following minimum information: (1) The operator shall report the number of patients served and pay applicable fees, as required by this Chapter. (2) The operator shall provide a detailed description of any adjustments and changes proposed or that have occurred in Dispensary operations to address issues, or comply with laws. (3) The operator shall identify any problems encountered during operations and how they have been addressed. (4) The operator shall identify how the Dispensary has managed its operations to comply with the operating requirements of this Chapter and with State law. § 5710 CRITERIA FOR REVIEW. In addition to the findings required in City Code § 9262, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: 14 (A) That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act of 1996, the MMRSA, and related State law, the provisions of this Chapter and the City Code, including the application submittal and operating requirements herein. (B) That the Dispensary location is not identified as having significant crime issues (e.g., based upon crime reporting statistics as maintained by the Police Department). (C) That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing Dispensary location. (D) That an applicant or employee is not under 21 years of age. (E) That all required application materials have been provided and/or the Dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this Chapter. (F) That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. (G)That the location is not prohibited by the provisions of this Chapter or any local or state law, statute, rule or regulation and no significant nuisance issues or problems are anticipated or have resulted from Dispensary operations. (H) That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements in Section 5708. These features may include, but are not limited to, security on-site; procedure for allowing entry; openness to surveillance and control of the premises; the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (I) That no Dispensary use, owner, permittee, agent, or employee has violated any provision of this Chapter including grounds for suspension, modification or revocation of a permit. (J)That all reasonable measures have been incorporated into the plan and/or consistently taken to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism, crowd control inside or outside the premises, traffic control problems, marijuana use in public, or creation of a public or private nuisance, or interference with the operation of another business. (K) That the Dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nuisance; or that the Dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests. (L) That any provision of the City Code or condition imposed by a City issued permit, or any provision of any other local, or State law, regulation, or order, or any condition imposed by permits issued in compliance with those laws has not been violated. 15 (M) That the applicant has not violated any local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana. (N) That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. (0) That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has not been convicted of a felony, or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. (P) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). § 5711 INVESTIGATION AND ACTION ON APPLICATION. After the making and filing of a complete application for the Dispensary Use Permit and the payment of the fees, the applicant shall complete a fingerprint background check and the Police Department shall conduct an investigation of the application. In processing the application: (A) The Planning Department shall refer the application to any other City departments as necessary to complete the review of the application. (B) Following provision of complete application materials, inter-departmental review, and compliance with the California Environmental Quality Act,the Planning Department shall schedule the Dispensary Use Permit for Planning Commission review. In making a decision to grant or deny the application the Planning Commission shall follow the notice and hearing procedures and make the findings required by City Code § 9262(C)-(F) and shall either grant or deny the application in accordance with the provisions of this Chapter. (C) In approving a Dispensary Use Permit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this Chapter. (D) The Planning Department shall cause a written notice of the Planning Commission decision to issue or deny a permit to be mailed to the applicant by U.S. mail. § 5712 APPEAL FROM PLANNING COMMISSION DETERMINATION. (A) An applicant aggrieved by the Planning Commission decision to issue or to deny a Dispensary Use Permit may appeal such decision to the City Council by filing an appeal. All determinations of the Planning Commission regarding Dispensary Use Permits shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the City Council within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. 16 (B) The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the procedures applicable to an appeal of a decision to grant or deny a use permit as set forth in Division 9, Chapter 2, Article 20 of the City Code. At the close of the public hearing, the City Council may affirm, reverse, or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission's decision with regard to an application for a Dispensary Use Permit are final for the City. § 5713 REVOCATION. (A) Any Dispensary Use Permit issued under the terms of this Chapter may be revoked by the Zoning Administrator, when it shall appear to the Administrator that the use for which the Dispensary Use Permit was granted is not being conducted in compliance with the Dispensary Use Permit as conditioned, the permittee has violated any of the requirements of this Chapter, or the Dispensary is operated in a manner that violates the provisions of this Chapter, including the criteria for review and operating requirements sections, or conflicts with State law. (B) The Zoning Administrator shall conduct revocation proceedings in compliance with Section 9262(H) of this Code, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Notice of the hearing required by said Section shall be given in compliance with Section 9262(C). In addition, notice of the revocation hearing, including a description of the facts and violations relied upon in seeking revocation, shall be served on the permit holder by personal service, overnight courier or registered United States Mail, return receipt requested, not later than ten (10) day prior to the hearing. Service shall be deemed complete when received by the permit holder or forty-eight hours after deposit in the United States Mail, whichever occurs first. Notice shall be sent to the address as shown on the permit application or to an address which the permit holder has requested in writing that the City use for official communications.The address shall not be a Post Office box, but must be a physical address. (C) If any person holding a permit or acting under the authority of such permit under this Chapter is convicted of a public offense in any court for any offense that would constitute a violation of their Dispensary Use Permit or this Chapter, the Zoning Administrator may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. (D)The final decision of the Zoning Administrator to revoke a Dispensary Use Permit may be appealed to the Planning Commission. The appeal hearing shall be conducted in compliance with City Code Section 9266, except that all references therein to the City Council in an appeal of a Zoning Administrator decision shall be deemed to refer to the Planning Commission. § 5714 EFFECT OF REVOCATION. When a final decision has been made revoking any Dispensary Use Permit provided for in this Chapter, no new application for a Dispensary Use Permit shall be accepted from the applicant and no such Permit shall be issued to such person or to any corporation or other business entity, including but not limited to, a partnership or limited liability company, in which he or she shall have any direct or indirect beneficial, financial or ownership interest for a period of three years after the action revoking the Permit. 17 § 5715 TRANSFER OF PERMITS. (A) A permittee shall not operate a Dispensary under the authority of a Dispensary Use Permit at any place other than the address of the Dispensary stated in the application for the permit. (B) A permittee shall not transfer ownership or control of a Dispensary, including by transferring a controlling interest in the permittee, or transfer a Dispensary Use Permit to another person or entity unless and until the transferee obtains its own Dispensary Use Permit. Any other assignment of a Dispensary Use Permit is prohibited. (C) No Dispensary Use Permit may be transferred when the Zoning Administrator or Planning Commission have notified the permittee that the permit has been or may be revoked. (D)Any attempt to transfer a Dispensary Use Permit either directly or indirectly in violation of this Section is declared void, and the permit shall be deemed revoked. § 5716 TIME LIMIT FOR FILING APPLICATIONS UPON ANNEXATION. Any Dispensary that was legally established in Mendocino County ("County") and which is subsequently annexed into the City must apply for and obtain a Dispensary Use Permit in compliance with the provisions of this Chapter within 90 days from the date the annexation becomes effective. Continued operation of a Dispensary without a permit more than 90 days after annexation shall constitute a violation of this Chapter, unless an extension of the 90 day period is approved by the Planning Commission upon the applicant's demonstration of reasonable grounds to do so. § 5717 MARIJUANA DELIVERY. (A) A permitted Dispensary located in the City may deliver marijuana to qualified patients and caregivers at their residence in the City. Such permissible delivery of marijuana to qualified patients shall be limited to delivery by lawfully-operated, permitted dispensaries located within the jurisdictional limits of the City. Any individual engaging in the activity of delivering medical marijuana from a permitted Dispensary to a qualified patient must have a business license in accordance with Division 2, Chapter 1, Article 3 of the City Code. All other marijuana delivery is a prohibited activity in the City, except where the City is preempted by federal or state law from enacting a prohibition on such activity. (B) In conformity with City Code § 6001, it shall be unlawful for any qualified individual engaging in the activity of delivering medical marijuana from a permitted Dispensary to a qualified patient to be in an intoxicated condition or under the influence of narcotic drugs within the corporate City limits of the City in, on, or about any automobile, motorcycle, motor vehicle, street car, railroad car or other vehicle. § 5718 VIOLATIONS. (A) It is unlawful for any person, individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this Chapter. 18 (B)A violation of this Chapter shall be subject to the enforcement and penalties specified in City Code § 5722. § 5719 REMEDIES. This Chapter shall be subject to enforcement pursuant to Division 8, Article 22 of this Code. § 5720 SEPARATE OFFENSE FOR EACH DAY. Any person who violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. § 5721 HOLD HARMLESS. As a condition of approval of any permit issued pursuant to this Chapter for medical marijuana cultivation, processing, or distribution, the permittee shall indemnify, defend and hold harmless the City of Ukiah and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by a permittee's clients or employees, adjacent or nearby property owners or other third parties due to permitted uses or operations, and for any expense incurred by City as a result of or in defense of any such claim.. § 5722 PENALTIES. (A) It shall be unlawful and constitute a misdemeanor for any person to violate the provisions of this Chapter, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the county jail for a period of not more than six(6) months or both. This penalty shall not apply, if prohibited by state law. (B) The penalty provided herein is in addition to any other penalty or remedy available at law or in equity, whether civil or criminal, for any violation of this Chapter or engaging in activity requiring a City license or permit, including, without limitation, a business license or building permit, without first obtaining such permit or license. § 5723 JUDICIAL REVIEW. Judicial review of a decision made under this Chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure § 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure§ 1994.6 which shall be applicable for such actions. SECTION 2 Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended by adding a new permit category, DUP — Use Allowed with a Dispensary Use Permit, to the heading column entitled "Use Categories and Specific Uses", by specifying that a Medical marijuana dispensary is an allowable use with a Dispensary Use Permit in the General Urban (GU), Urban Center(UC), and Downtown Core (DC) zoning districts, and replacing the reference to section 5702 in the column entitled "Additional Zoning Requirements by Code Section" with references to Section 5703 and Section 5707. 19 SECTION 3 Section 9254 in Article 19, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* **"): §9254 MARIJUANA CULTIVATION *** B. Cultivation of Marijuana: **� 2. Indoor Cultivation: Except as permitted in Chapter 8 in Division 6 of this Code, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any residential zoning district(R-1, R-2, R-3 and CN districts) in the city of Ukiah to cause or allow such parcel to be used for the cultivation of more than twelve (12) mature and twenty four (24) immature marijuana plants within a fully enclosed and secure structure on the parcel. 3. Indoor Cultivation Of Marijuana Restricted To Qualified Patients And Primary Caregivers: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Ukiah to cause or allow such parcel to be used for the cultivation of marijuana, unless (a) the person is a qualified patient or primary caregiver, growing the amount of marijuana per qualified patient authorized by Health and Safety Code section 11362.77(a) — (b) and (d) — (fl, not to exceed the per parcel limit in subsection B2 of this Section, or(b)the person is operating a Medical Marijuana Dispensary pursuant to a valid Dispensary Use Permit, within the C1, C2, CN, M, and PD (Commercial) zoning districts and in the GU, UC, and DC downtown zoning districts, and the space devoted to on-site cultivation at the permitted Dispensary does not exceed twenty-five percent of the total floor area, but in no case more than five hundred square feet. SECTION 4. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. 20 Introduced by title only on January 18, 2017, by the following roll call vote: AYES: Councilmembers Scalmanini, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on February 15, 2017, by the following roll call vote: AYES: Gouncilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None � a . Ji . Brown, Mayor ATTEST: � r f � ��:�',r�.��t' Kristine L ler, City Clerk 21 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 . . ITEM NO. 9B :�� �� Community Development Department �; 300 Seminary Avenue � . : Ukiah, CA 95482 planninq(c�cityofukiah.com (707)463-6207 DATE: November 8, 2017 TO: Planning Commission FROM: Kevin Thompson, Planning Manager, Darcy Vaughn Assistant City Attorney SUBJECT: Cannabis Related Business Ordinance, Zoning Code Amendments Recommended Action: Staff asks that the Planning Commission review the new version of the proposed Cannabis Related Business Ordinance, make recommendations as to the appropriate zoning designation for each proposed cannabis business use, and recommend that the City Council approve the 2 lQ3GOGFH��b9F1�1F6�-I�RP P LWIRC�C4U-FRP P I-KXi�Q�/❑ Backqround / Discussion: On September 27, 2017, staff presented the Planning Commission with a Cannabis Related Business Ordinance. The proposed Ordinance would have, in part, amended the ❑L1��<W.� CRQQI�RC�i�[�M,�EQ�/K�C��M�N�M-i�iQ�10�❑DGIGOELV[��XVL�M/�14�VFi[I�/C defined as: 3D[FRP P I��lDCff14Po4�1I�H�-IQJ DU�IQ�F�-I�X�R�DG�CI DF1DQlW�I] processing, storing, laboratory testing, labeling, transporting, or distribution, of cannabis or a FDGIGOELVC�L�L��M�RX��(C�iCO H[�I[��WG�M�N� defined by State law that allows small scale cultivation, manufacturing with non-volatile solvents, and small-scale distribution and retail on the same premises'. A Cannabis Related Business does not include and regulate Medical Marijuana Dispensaries and all other cannabis retail enterprises. The Zoning Code amendment effected by the initial proposed Cannabis Related Business Ordinance presented on September 27th, proposed allowing Cannabis Related Businesses with a Major Use Permit in the following zoning districts: Neighborhood Commercial (C-N) Community Commercial (C-1) Heavy Commercial (G2) Manufacturing (M) Public Facilities (PF) General Urban (GU) Urban Center (UC) Downtown Core (DC) ' As a hybrid business, pursuant to the revised, proposed Cannabis Business Ordinance before the Commission today, a Microbusiness will be required to obtain a major use permit prior to operating in the City. If a Microbusiness operating in the City also acts as a retail business, it will be required to comply with all operational requirements that currently apply to medical marijuana dispensaries as well. 1 The Planning Commission declined to make recommendations on most of the Cannabis Related Business Ordinance and instead requested additional information on the provisions of the Cannabis Related Business Ordinance regarding cannabis cultivation2 and the regulation of commercial cannabis enterprises other than medical marijuana dispensaries within the City limits. Specifically, the Planning Commission requested that staff(1) develop an approach that VHSDI�PoIQ�PQI-Id Fi�PoU RI�C�I C�❑D�ELVC�H�PoIC3�1 �� defined and evaluated each and (2) suggest which land use designation in which each use could appropriately locate with a Use Permit. In the process of devising this approach, staff also presented the Cannabis Related Business Ordinance to the City Council at their October 18, 2017 for further policy direction prior to sending the Ordinance back to the Commission. At the October 18, 2017, meeting, the Council provided policy direction to staff, indicating that they also preferred an approach that defined and designated appropriate zoning designations for separate cannabis business uses and agreed to send the proposed Ordinance back to the Planning Commission for consideration of the new approach from a land use policy perspective. For guidance on defining separate types of commercial cannabis uses, staff looked to the 61�PoI�RP P HQiLQJ�FI4-P H�P �-I[D I�cinal and Adult Use Cannabis 5 HJ X�QQ�DI�IJ�ID F1I�0 �8 ❑5 6❑�14FK�'RC�.�MJ C�PoI�D�-I LC�-NC�DGIGDELVC F�M�A-�/[�aM-K��FI�c5H�1�4-I[�1,6�IbI��HGMQ1�Flq-P H LC�MFRP P I-�LDQ7 cannabis uses into these six categories (See Attachment 2 for a full list of commercial cannabis enterprise types and definitions from the MAUCRSA): 1. Cultivation (License Types 1- 5B) 2. Manufacturer (License Types 6-7) 3. Testing Laboratory (License Type 8) 4. Retailer (License Type 10) 5. Distributor (License Type 11) 6. Microbusiness (License Type 12) ) F�PRI-i[$XI�RVI-M�I�FQH�D�IGDELVI�FI�PoIO�]X1/Lq-IW�� lG3GDGFH�I I�Pa�Cr/H�H�L1�/J Sl9ZSRVFi��RP P FiI�LD� CQ�MJ C�QJ�DQG_4�i Lq1�PQHC61�Po1� commercial use designations and definitions in the MAUCRSA, as set forth in Attachment 2, due to (1) the ease and likely resulting compatibility of the State and City approaches and (2) the fact that a number of other local jurisdictions in the State have taken this approach and can provide useful examples. As such, staff have designated and defined, and proposed appropriate zoning districts for, ten (10) types of indoor cultivation (including Nurseries), two (2) types of manufacturing (one using volatile substances and one not using volatile substances), testing laboratories, cannabis distribution, and microbusinesses3. The definitions for each use were z The Cannabis Related Business Ordinance, as originally presented to the Planning Commission, was separated by topic into (1)the Amendment to the Medical Marijuana Dispensaries Ordinance, on which the Commission has already made recommendations, (2)the Cannabis Cultivation Ordinance, which is still pending further direction from the City Council and from which all land use-related provisions will likely be removed, and (3)the Cannabis Related Business Ordinance, which is before the Commission and is the subject of this Item. 3 Regulation of cannabis retail enterprises, other than their appropriate zoning designation, is excluded from the Cannabis Related Business Ordinance as these enterprises are and will continue to be regulated in Division 6, Chapter 8 of the City Code. 2 C�-�1�1-IC��WIH�DW'�IH�P �I[�1�PoI�-ILC�.1�Rl�DFK�icense use type and can be found in Section 9278 of the Ordinance (Attachment 1, see Page 6). The following table illustrates the proposed zoning designations for each type of commercial cannabis use defined and regulated in the Cannabis Related Business Ordinance: Potential Zoning Locations Proposed Cannabis Similar Businesses for Cannabis Related Related Businesses Allowed by right or with Businesses Use Permit Neighborhood Commercial Testing Laboratory Professional and medical (NC) offices (by right) Community Commercial (C1) Cultivation - Nursery 1. Auto repair shop, auto body and painting shop, car Manufacturing - Level 1 wash, auto service (gas) (Nonvolatile) station, and new and used car sales. (Use Permit) Testing Laboratory 2. Outdoor sales Microbusiness establishments (Use Permit) Retail 3. Cabinet shop. Use Permit Heavy Commercial (C2) Specialty cottage cultivation 1. Warehousing and distribution (limited). (by right) Specialty indoor cultivation Planned Development 2. Service (gas) station, Commercial Specialty mixed-light automobile repair, automobile cultivation body and painting shop, and car washing facility. (by right) Small indoor cultivation 3. Light industrial and Small mixed-light cultivation manufacturing uses. (Use Permit) Medium indoor cultivation 4. Warehousing and Medium mixed-light distribution (general) cultivation (Use Permit) Large indoor cultivation Large mixed-light cultivation Cultivation - Nursery Manufacturing �Level 1 (nonvolatile) and Level 2 (volatile) Testing Laboratory Distribution Retail 3 Potential Zoning Locations Proposed Cannabis Similar Businesses for Cannabis Related Related Businesses Allowed by right or with Businesses Use Permit Microbusiness All Downtown Zoning Testing Laboratory 1. Bar, cocktail lounge, Districts: nightclub (Use Permit) Microbusiness Downtown Core (DC) 2. Specialty food and Urban Center (UC) Retail beverage sales with tastings General Urban (GU) (by right) 3. Artisan/craft product manufacturing (by right) 4. Small products manufacturing (by right) 5. Medical services ❑major (use permit) Manufacturing and Public All Types 1. Wholesale and storage Facilities establishments; light and heavy industrial and manufacturing use which, in connection with, has no appreciable offensive or objectionable noise, odor, dust or nuisance factor; such as service stations, auto wrecking, blacksmith shops, building materials yards, feed and fuel yards,junk yards, lumber yards, machine shops, planing mills, storage of goods and materials, and other uses which in the opinion of the Planning Commission are of a similar nature. (by right) 2. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. (Use Permit) 4 Potential Zoning Locations Proposed Cannabis Similar Businesses for Cannabis Related Related Businesses Allowed by right or with Businesses Use Permit 3. Retail stores, offices, service establishments. (Use Permit �See Attachment 3 for current Zoning Ordinance definitions of uses listed in Column 3 of the Table. Note that all of the uses proposed in column 2 are derived from Proposition 64 and the MA8 n56�I IDQQaL(�Q.R/'gHID�ZHQXV�MI�I�PPJ-11:lLVcfiXC��-1r6�lf�fl regulatory and licensing regime for each goes into effect and until the applicable provisions of the City Code expressly allow each use subject to an applicable permit. Summary of the Purpose and Intent of UCC Zoninq Desiqnations: Neighborhood Commercial (NC): The purpose of the Neighborhood Commercial (C-N) Zoning District is to encourage and promote a balanced mix of low intensity professional office, commercial, residential, and quasi-public land uses. Large and incompatible commercial retail stores, such as supermarkets, chain drugstores, convenience stores, and discount clothing stores, are not allowed or permitted. Similarly, highway-serving commercial uses, such as motels, and gas stations/automotive repair businesses are not allowed or permitted. Community Commercial (C1): The purpose of the Community Commercial Zoning District is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote, and provide flexibility for commercial development, and to encourage the establishment of community-wide commercial serving land uses. The Community Commercial (C-1) Zoning District is consistent with the Commercial (C) General Plan land use designation. Heavy Commercial (C2): The purpose of the heavy commercial zoning district is to provide opportunities for commercial service, wholesale activities, auto repair shops, agricultural supply stores, and other activities which are generally inappropriate in areas developed with professional offices and retail stores. The heavy commercial (C-2) zoning district is consistent with the commercial (C) general plan land use designation. Planned Developments (PD) The purpose of the planned development combining zone is to allow flexibility in design and development in order to promote economical and efficient use of land; to increase the level of urban amenities; to preserve the natural environment; and to provide for phased completion of development projects. It generally provides a method for deviating from standardized zoning requirements to foster well planned, creative, and quality development. Some of the use types listed above could potentially/ocate in an existing planned development, for example the Airport Business Park, or within a proposed planned development. The creation of planned development requires a General Plan and Zoning Map amendments. Downtown Core (DC): The DC Zone allows the highest density and intensity of development allowing a wide variety of commercial uses and residential uses located in mixed-use buildings. Urban Center (UC): The UC Zone allows for higher density residential and mixed-use buildings that may accommodate retail, office, services, local and regional civic uses, and residential uses. 5 Downtown Core (DC): The DC Zone allows the highest density and intensity of development allowing a wide variety of commercial uses and residential uses located in mixed-use buildings. This zone has small, walkable blocks with regularly spaced street trees and buildings set at the frontage line. Manufacturing (M): No definition Public Facilities (PF): This district classification is intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. Additionally, the purpose of the Public Facilities Zoning District is to provide business opportunities on large public-serving land uses such as the airport. Finally, the Public Facilities Zone is consistent with the Public ("P") land use designation of the General Plan. CEQA Compliance: The proposed City Code amendments for regulation of commercial cannabis activity are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Business and Professions Code §26055(h). This subdivision is in effect through July 1, 2019 and specifically exempts from environmental review the adoption of an ordinance or regulation by a local jurisdiction if the ordinance or regulation requires discretionary review, including environmental review, and approval of local permits or licenses for commercial cannabis activity. Attachments: 1. Draft Ordinance 2. State Definitions of Commercial Cannabis Enterprise License Types 3. Zoning Code Definitions for uses listed in column three of above table. 6 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO REGULATE CANNABIS RELATED BUSINESSES. The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Article 6 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Neighborhood Commercial (C-N) Zoning District is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **C�: §9062 USES PERMITTED WITH SECURING OF A USE PERMIT The following uses may be permitted in neighborhood commercial (C-N) districts, subject to first securing a use permit pursuant to provisions contained in section 9262 of this chapter: *** � Cannabis Testinq Laboratory *** SECTION 2 Article 7 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Community Commercial (C-1) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by'* * *q: §9082 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: * * * Cannabis Manufacturinq Level 1 Cannabis Microbusiness Cannabis Nursery Cannabis Retailer Cannabis Testinq Laboratory * * * SECTION 3 1 Article 8 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Heavy Commercial (C-2) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by 3* * *q: §9097 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: Cannabis Cultivation Larqe Indoor. Cannabis Cultivation Large Mixed Light. Cannabis Cultivation Medium Indoor. Cannabis Cultivation Medium Mixed Liqht. Cannabis Cultivation Small Indoor. Cannabis Cultivation Small Mixed Light Cannabis Cultivation Specialty Cottaqe. Cannabis Cultivation Specialty Indoor. Cannabis Cultivation Specialty Mixed Light. Cannabis Manufacturinp Level 1 and Level 2. Cannabis Microbusiness. Cannabis Nursery. Cannabis Retailer. Cannabis Testinq Laboratory. * * * SECTION 4 Article 9 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Manufacturing (M) Zoning Districts, is hereby amended to read as follows (unchanged text is omitted and is shown by'* * *q: §9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT The following uses may be permitted in Manufacturing (M) Districts subject to first securing a use permit, as provided in this Chapter, in each case: A. Cannabis Cultivation Large Indoor. B. Cannabis Cultivation Larqe Mixed Liqht. C. Cannabis Cultivation Medium Indoor. D. Cannabis Cultivation Medium Mixed Liqht. E. Cannabis Cultivation Small Indoor. F. Cannabis Cultivation Small Mixed Liqht. G. Cannabis Cultivation Specialty Cottaqe. 2 H. Cannabis Cultivation Specialty Indoor. I. Cannabis Cultivation Specialty Mixed Light. J. Cannabis Distribution K. Cannabis Manufacturing Level 1 and Level 2. L. Cannabis Microbusiness. M. Cannabis Nursery. N. Cannabis Retailer. O. Cannabis Testing Laboratory. � �4P. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. � �Q. Recreational uses, hotels, motels, mobile home parks, retail stores, offices, service establishments. � SR. Resident manager/security personnel housing. SECTION 5 Article 17 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Public Facilities (PF) Zoning District, is hereby amended to read as follows (unchanged text is RP L1AkIG�/�II4ZZ((��d� §9170.2 PERMITTED USES The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing a use permit: Cannabis Cultivation Larqe Indoor. Cannabis Cultivation Larqe Mixed-Liqht. Cannabis Cultivation Medium Indoor. Cannabis Cultivation Medium Mixed-Liqht. Cannabis Cultivation Small Indoor. Cannabis Cultivation Small Mixed-Liqht. Cannabis Cultivation Specialty Cottaqe. Cannabis Cultivation Specialtv Indoor. Cannabis Cultivation Specialtv Mixed Liqht. Cannabis Distribution Cannabis Manufacturinq Level 1 and Level 2. Cannabis Microbusiness. Cannabis Nursery. Cannabis Retailer. Cannabis Testinq Laboratory. 3 * * * SECTION 6 Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended by specifying that a Cannabis Testing Laboratory, Cannabis Retailer, and Cannabis Microbusiness are allowable uses with a Major Use Permit (MAUP) in the General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts, and inserting a reference to section 9254 and 9261 in the column entitled 3Additional Zoning Requirements by Code Sectiona SECTION 7 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by 3* **q: §9261 DISCRETIONARY PLANNING PERMITS * * * D. *** * ** 5. In all Zoninq Districts in which they are a permitted use, Cannabis Related Businesses shall be considered major uses. Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to annual review and revocation according to the procedures set forth in Section 9262, subsections K and L of this Article. All Cannabis Related Businesses operatinq sublect to a Malor Use Permit will operate indoors in a fully enclosed secure structure, as defined in Section 9254 of this Code. * * * §9262 USE PERMIT PROCEDURES * * * J. Maior Use Permits for Cannabis Related Businesses: Maior Use Permits issued for Cannabis Related Businesses shall be subiect to annual review accordinq to the procedures set forth in subsection K of this Section, and shall be sublect to revocation accordinq to the procedures set forth in subsection L of this Section. K. Annual Review of Malor Use Permits for Cannabis Related Businesses: 1. Maior Use Permits for Cannabis Related Businesses will be subiect to annual review by the Zoninq Administrator, includinq inspection of the Business by the Zoninq Administrator or his desiqnee, to determine whether the Business is beinq operated in accordance with anv conditions of approval imposed on the Maior Use Permit as issued by the Planninq Commission. The City Council may, from time to time by resolution in accordance with the procedures required bv law, establish fees to be charqed and collected for annual review pursuant to this subsection. 2. In the course of annual review and after annual inspection, the Zoninq Administrator shall make findinqs of fact reqardinq the Cannabis Related Business RSF�IN adherence to the conditions of approval for the Malor Use Permit. In addition, the 4 Zoninq Administrator will consider the followinq nonexclusive criteria in makinq findinqs of fact which may be qrounds for revocation of a Malor Use Permit for a Cannabis Related Business: a. Whether the Cannabis Related Business operated pursuant to the Major Use Permit has qenerated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Cannabis Related Business. b. Whether there have been excessive secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illeqal druq activity, marijuana use in public, harassment of passersby, litterinq, loiterinq, illeqal parkinq, loud noises, odors, or lewd conduct. c. Whether the Cannabis Related Business operatinq pursuant to a Malor Use Permit has a history of inadequate safequards or procedures that show it is likely that it will not comply with the any operating requirements and standards required in the conditions of approval. d. Whether the Cannabis Related Business has failed to pay fees, penalties, or taxes required by the conditions of approval of the Major Use Permit or by this Code or State law, or has failed to comply with any requirements for the production of records or other reporting requirements of this Code. e. Whether the operator of the Cannabis Related Business or one or more of its officers, employees, partners, manaqers or members with manaqement responsibilities ("Managers") has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of an operator of a Cannabis Related Business. A "conviction" within the meaninq of this chapter means a plea or verdict of quilty, or a conviction followinq a plea of nolo contendere. Notwithstandinq the above, an application shall not be denied solely on the basis that the applicant or any Manaqer has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expunqement of felony record) under California law or under a similar Federal statute or State law where the expunqement was qranted. f. Whether the operator or Manaqers of the Cannabis Related Business have previously or are currently enqaqed in unlawful, fraudulent, unfair, or deceptive business acts or practices. q. Whether the Cannabis Related Business has been operated in compliance with applicable State law and provisions of this Code qenerallv. 3. If the Zoninq Administrator determines that the Cannabis Related Business is beinq operated in violation of any conditions of approval imposed on the Maior Use Permit as issued by the Planninq Commission, the Malor Use Permit may be sublect to revocation. L. Revocation of Malor Use Permits for Cannabis Related Businesses: 5 1. In addition to the reasons for revocation of an approved use permit set forth in subdivisions (H)(1) and (K)(2) of this Section, an approved malor use permit for a Cannabis Related Business P D EH W�YF�IG�Pal9�XJ K�,PQFi LWV ld�l'RFG,I�QSI&�FHW, as set forth in subdivision (H)(2) of this Section, except that all references therein to the Planninq Commission shall be deemed to refer to the Zoninq Administrator, if the Cannabis Related Business is operated in a manner that violates the conditions of approval imposed on the Major Use Permit or the provisions of this Code, or conflicts with State law. At the public hearinp to be conducted by the Zoninq Administrator as set forth in subdivision (H)(2) of this Section, the Zoninq Administrator will be required to make findings regarding the alleged specific violations of this Code or State law. 2. An appeal of the Zoning AdministratorVdecision on revocation of a Major Use Permit for a Cannabis Related Business may be made to the Planning Commission for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. 3. When a final decision has been made revokinq any Malor Use Permit approved for a Cannabis Related Business as provided for in this Section, for a period of three (3) years after the action revoking the Major Use Permit. No new application for a Major Use Permit shall be accepted from the applicant and no such Malor Use Permit shall be issued to such person or to any corporation or other business entity, including, but not limited to, a partnership or limited liability company, in which he or she shall have any direct or indirect beneficial, financial or ownership interest. SECTION 8 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by '* **q: §9278 DEFINITIONS *** B. *** * * * CANNABIS: All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether qrowinq or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the qlant; and everv compound, manufacture, salt, derivative, P L 11,�1W� RUSIU-ISDID�a'9iQ F� 1,P6iFi S�QJVLUO/VI-FK3�/ RUWi�/LQ 3 D�GDELV Dm'R P I-DQ�/ 3 P DIJ�Gp as defined by Section 11018 of the Health and Safety Code, and (2) the seqarated resin, whe�PaFil)Fl)CC-�I RUSXl11lHG �C�iG I 16�P P DII�GD 3 D�IGDELV C�N��(C�i�PW-i P��lll�i stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which LV LC�DSDE(BI RI J I�LC��'�Q ) RU1�P�-i SXI�F�/H RI �PQLV Dl��l 3FD�DELV C3�M/C�/`�I-DQ3L�C�AA�O 6 KI-P S CNC+-ILC7�GE ) RRGDC� Aqricultural Code Section 81000 or Health and Safety Code Section 11018.5. CANNABIS CULTIVATION: Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. CANNABIS CULTIVATION AREA: The total aggregate area(s) of cannabis cultivation on a single premise as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are qrown, as determined by the review authority. CANNABIS CULTIVATION INDOOR: The cultivation of cannabis within a fully enclosed secure structure, as defined in Section 9254 of this Code. CANNABIS CULTIVATION LARGE INDOOR: Indoor cultivation using exclusively artificial lighting greater than 22,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION LARGE MIXED LIGHT: Indoor cultivation usinq a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, greater than 22,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION MEDIUM INDOOR: Indoor cultivation using exclusively artificial liqhtinq between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION MEDIUM MIXED LIGHT: Indoor cultivation usinq a combination of natural and supplemental artificial liqhtinq at a maximum threshold to be determined by the licensinq authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION SMALL INDOOR: Indoor cultivation using exclusively artificial liqhtinq between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION SMALL MIXED LIGHT: Indoor cultivation usinq a combination of natural and supplemental artificial liqhtinq at a maximum threshold to be determined by the licensinq authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. CANNABIS CULTIVATION SPECIALTY COTTAGE: Indoor cultivation usinq a combination of natural and supplemental artificial liqhtinq at a maximum threshold to be determined by the licensinq authoritv, of 2,500 square feet or less of total canopv size for mixed-liqht cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. CANNABIS CULTIVATION SPECIALTY INDOOR: Indoor cultivation usinq exclusively artificial liqhtinq of between 501 and 5,000 square feet of total canopy size on one premises. 7 CANNABIS CULTIVATION SPECIALTY MIXED LIGHT: Indoor cultivation usinq a combination of natural and supplemental artificial liqhtinq at a maximum threshold to be determined by the licensinq authority, of between 2,501 and 5,000 square feet of total canopy size on one premises. CANNABIS DISTRIBUTION: The procurement, sale, and transport of cannabis and cannabis products between permitted and licensed cannabis businesses for the distribution of cannabis and cannabis products. CANNABIS MANUFACTURING: The production, preparation, propaqation, or compoundinq of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packaqes or repackaqes cannabis or cannabis products or labels or relabels its container. CANNABIS MANUFACTURING - LEVEL 1: Cannabis Manufacturinq involvinp the manufacture of cannabis products usinq nonvolatile solvents, or no solvents. CANNABIS MANUFACTURING LEVEL 2: Cannabis Manufacturing involvinp the manufacture of cannabis products usinq volatile solvents. CANNABIS MICROBUSINESS: A Cannabis Related Business operating under a state Type 12 license for microbusinesses, or a state cannabis license type subsequently established, and meeting the definition of 3microbusiness VI-NWRWPQLQBusiness and Professions Code � 26070(a,(3)(A), as may be amended from time to time, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer on the same Premises. A Cannabis Microbusiness that also acts as a Cannabis Retailer must also comply with the provisions of Division 6, Chapter 8 of the Ukiah City Code. CANNABIS NURSERY: Cultivation of Cannabis that produces only clones, immature plants, seeds, and other aqricultural products used specifically for the propaqation and cultivation of Cannabis. CANNABIS PRODUCTS: Cannabis that has underqone a process whereby the plant material has been transformed into a concentrate, includinq but not limited to concentrated cannabis, or an edible or topical product containinq cannabis or concentrated cannabis and other inqredients. CANNABIS RELATED BUSINESS: A commercial enterprise enqaqed in the cultivation, possession, manufacture, processinq, storinq, laboratory testinq, labelinq, distribution, or distribution, of cannabis or a cannabis product, includinq a Microbusiness, except as set forth in Business and Professions Code Section 26033 related to qualifyinq patients and primary careqivers, Division 6, Chapter 8 of the Ukiah City Code pertaininq to requlation of marijuana dispensaries and issuance and renewal of Dispensary Use Permits, and Section 9254 of this Chapter pertaininq to cultivation of mariivana for personal use. For purposes of this Article, this definition of a Cannabis Related Business excludes businesses enqaqed in the retail sale and delivery of Cannabis, Cannabis products, or Cannabis Products to patients or customers, which are requlated under Division 6, Chapter 8 of this Code. All Cannabis Related Businesses operatinq within the Citv must possess a valid State license aqpropriate for the tvpe of business operated. 8 CANNABIS RETAILER: A commercial enterprise enpaqed in the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises which is D SK VlFDO(B,FG�Q I 19�P Z KIFK FRP P FiI�IDCFD�GDELV DF1b`PL1�}M/DlW FRC�CFUbIG l�N premises may be closed to the public. A retailer may conduct sales exclusively by delivery. All Cannabis Retail operations in the City of Ukiah are requlated pursuant to Division 6, Chapter 8 of the Ukiah City Code and must comply with all provisions of this Division. CANNABIS TESTING LABORATORY: A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products. * * * 0 5,-8 1 7KH� 3MDlJ�4DCD CNXVI-IGLQ�1/ KD61,P�IUDnd throughoutthe Code, shall have the same meaning as the term 3CDGIGDELV [7�/C+-ILC�iGLQ1�PQL1/ KD6�IbIU *** PREMISES: The desiqnated structure or structures and land specified in the application for a Use Permit for a Cannabis Related Business that is owned, leased, or otherwise held under the control of the applicant or permittee where the Cannabis Related Business will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee. * * * VOLATILE SOLVENTS: Solvents that are or produce a flammable qas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. SECTION 9. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2017, by the following roll call vote: AYES: 9 NOES: ABSENT: ABSTAI N: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 10 Attachment 2 (9) Type 3A Type 10 Attachment 3 Existinq Zoninq Code Definitions that are Comparable Uses to Defined Cannabis Related Business Uses AUTOMOTIVE SALES AND SERVICE: Sale, servicing and repair of motorized vehicles. Typical uses include new and used car dealerships, motorcycles or recreational vehicle dealerships, parts stores, and repair facilities including muffler shops, wheel and brake shops, body and fender shops, and similar services, but excluding dismantling or scrap and salvage operations. BAR-An establishment at which alcoholic beverages are the main product served. CABINET SHOP: See definition of Manufacturing, OUTDOOR SALES ESTABLISHMENT: Any business or portion of a business operated to sell, display, barter or exchange any goods, foods, produce, or merchandise outside of a structure on private property, excluding plant nurseries. PROFESSIONAL OFFICE: Provision of professional or technical services including accounting, counseling, architecture, design, medical/dental, engineering, law, management, and similar professions. WAREHOUSING AND DISTRIBUTION (General): Warehousing and distribution activities conducted partially or entirely in the open. Typical uses include monument or stone yards, and HmQCC�1�l�1.1 H�lla/❑ WAREHOUSING AND DISTRIBUTION (Limited): Wholesaling, bulk storage, distribution and handling of materials and equipment other than livestock, when all storage and services except parking and loading activities are conducted within a building. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms. Use Definitions and Performance Standards from downtown Zoninq Code: I lRP I I I I I I FfV1R II C II 1 I II 3I I H Il IL1ARl IV I I ARTISAN/CRAFT PRODUCT MANUFACTURING: An establishment manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and crafts products. MEDICAL SERVICES -MAJOR: Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees or visitors. SMALL PRODUCT MANUFACTURING: Establishments manufacturing and/or assembling small products primarily by hand, including manufacturing establishments producing small products not classified in another major manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items. SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS: A retail beverage and/or food store characterized by its small size, a limited number of high quality specialty food items and/or beverages typically including premium wine and beer. This use may also include tastings of the products sold on site. §9224.15 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS Specialty food and beverage sales with tastings shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements. A. Days and Hours of Operation: Days and hours of operation shall be limited to daily from ten R[��;FI�C�C�[D �PaIC��(B;FI�❑�❑�[1D � D�H�C�P�lJL7-10�L1�PQ�RQC�J❑ Administrator approval of a minor use permit. B. Live Entertainment: Live entertainment is allowed in compliance with section 9224.6 of this FKC�i�D�F�UF� �CC�iJ K1�$�FI��❑�CO ��QI-�IIDWIDC�J I-P FiC�A/11R1..�1�-IQ�Po�l16�GP FiG� may be authorized with Zoning Administrator approval of a minor use permit. C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for outdoor dining included in section 9224.7 of this code or sidewalk cafes in section 9224.8 of this code. ITEM NO.: 10a MEETING DATE: November 8, 2017 City of Ukiah C'ONIMUNI'1'Y llEV�LOPML-N'1' 30U tiEM1NA12�AV�NUE ll�YARi:rvL�NT UK1AH,C;A 9;482 AGENDA SUMMARY REPORT Subject: Adoption Of Resolution Adopting Procedures of Conduct for Conducting Planning Commission Meetings and/or Adoption of Resolution Adopting an Order of Agenda for Planning Commission Meetings. Background: The Planning Commission was established by ordinance #396 in 1947. Per Article 4, Section 1155 of Ukiah City Code the Planning Commission must adopt rules for the transaction of its business. Procedures of Conduct were last adopted by Planning Commission on February 24, 1999 through Resolution No. 99-01 (see Attachment 1). Discussion: Procedures of Conduct Since it has been over 18 years since procedures of conduct for the transaction of business of the Planning Commission were adopted and given that Staff in the City Manager's Office, City Clerk's Office, and Community Development Department have been working to align the processes of the Planning Commission with those of the City Council, it is an appropriate opportunity to update the procedures of conduct for the Planning Commission. Because the procedures adopted in 1999 are significantly out of date, Community Development Department Staff, working with the City Clerk's Office and City Attorney's Office, prepared new Rules of Conduct for Planning Commission consideration (see Attachment 2). The new Planning Commission Procedures of Conduct are identical to Procedures of Conduct adopted by the Ukiah City Council, with the exception of the following: x Elimination of sections and phrases not applicable to Planning Commission business x Replacement of City Council references with those of Planning Commission. For example: o "City Council" changed to "Planning Commission" o "City Manager" changed to "Planning Director" o "City Clerk" changed to "Recording Secretary" x Clean-up of minor typos Recommended Action(s): Adopt Resolution Adopting Procedures of Conduct for Planning Commission Meetings and/or Adopt Resolution Adopting an Order of Agenda for Planning Commission Meetings. Alternative Commission Option(s): Provide further direction to Staff. Citizens advised: N/A Requested by: Craig Schlatter, Community Development Director Prepared by: Director Schlatter, Recording Secretary Cathy Elawadly Coordinated with: Assistant City Attorney Darcy Vaughn, City Clerk Kristine Lawler Attachments: 1. Resolution No. 99-01 of the Ukiah Planning Commission Establishing Procedures for Conducting Meetings 2. Draft Resolution Adopting Procedures of Conduct for Planning Commission Meetings and Exhibit A- Planning Commission Procedures of Conduct 3. Draft Resolution Adopting an Order of Agenda for Planning Commission Meetings Order of Aaenda Once Procedures of Conduct are adopted, the Planning Commission can adopt by resolution an Order of Agenda, which is required per Section 2, Item II in the Procedures of Conduct for Ukiah Planning Commission Meetings (see Attachment 3). Adopting Procedures of Conduct and an Order of Agenda for Planning Commission is another step in attaining consistency throughout the City. This allows for more transparency and efficiency in the City's decision-making and operational processes. 1 RESOLUTION NO. 99-01 2 RESOLUTION OF THE UKIAH PLANNING COMMISSION ESTABLISHING PROCEDURES FOR CONDUCTING MEETINGS 3 4 WHEREAS, in 1983, the Ukiah Planning Commission adopted procedures to 5 govern the conduct of Planning Commission meetings; and 6 WHEREAS, sixteen (16) years have passed sincethe adoption ofthe procedures, 7 and the practices and duties of the Planning Commission have evolved; and 8 WHEREAS, the Planning Commission determined that the procedures must be 9 revised to reflect the current practices and duties of the Commission, and to modernize 10 certain terms and phrases; and 11 WHEREAS, on February 10, 1999, the Planning Commission discussed the 12 procedures, and provided specific direction to staff to revise them; and 13 WHEREAS, on February 24, 1999, the Planning Commission reviewed and 14 discussed specific revisions to the procedures, and found them to be adequate and 15 acceptable for guiding the conduct of Planning Commission meetings. 16 NOW, THEREFORE BE IT RESOLVED that the City Planning Commission of the 17 City of Ukiah hereby adopts new procedures for the conduct of ineetings, which are 18 included as Exhibit "A." 19 PASSED AND ADOPTED on February 24, 1999, by the following roll call vote: 20 AYES: Commissioners Correll, Chiles, Puser, Larson, and Chairman Pruden NOES: None 21 ABSTAIN: None ABSENT: None 22 23 ATTEST: 24 25 �`'''� ��s�-�U-ar�N ��i'1� Judy Pruden, C airman therine Elewadly, Re rding Secretary 26 27 28 EXHIBIT "A" PROCEDURES FOR THE CONDUCT OF CITY OF UKIAH PLANNING COMMISSION MEETINGS The following procedures for the conduct of Planning Commission meetings are intended to guide the Commissioners and staff, and to expedite meetings. They are also intended to provide the general public with information concerning the roles and responsibilities of both the Commissioners and staff, and to inform the public about how meetings are conducted. Section 1. Meetings Open to the Public All regular and special meetings of the Commission shall be open to the public. Section 2. Presidinq Officer The Chairman shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairman, the Vice-Chairman shall preside. In the absence of both the Chairman and the Vice-Chairman, the Planning Director shall call the Commission to order, whereupon a temporary Presiding Officer shall be elected by the Commissioners present to serve until the arrival of the Chairman or Vice-Chairman, or until adjournment. The Chairman may temporarily appoint, with the concurrence of the Commission, a Commissioner as acting Chairman for any particular meeting. Wherever in this article the term Chairman is used, it shall apply equally to the Presiding Officer as set forth in this section. Section 3 Election of Chairman and Vice-Chairman The Commission shall elect a Chairman and Vice-Chairman from among the appointed members for a term of one year and, subject to other provisions of law, may elect such other officers as it may determine. The annual elections shall occur in June/July or as soon thereafter, as determined by the Commission. Section 4. Powers and Duties (a) Participation. The Presiding Officer shall convene and lead all meetings, and may move, second, debate, and vote from the Chair. (b) Signing of documents. The Presiding Officer shall sign all resolutions, and other documents necessitating a signature. If the Presiding Officer is unavailable,the signature of an alternate Presiding Officer may be used. Section 5. Aqenda All reports, communications, or other matters to be submitted to the Commission at a regular meeting shall be delivered to the Planning Director not later than 12:00 noon on Thursday, five working days preceding the meeting. All development permit/planning applications must be EXHIBIT"A" Planning Commission Procedures Resolution 1 submitted in accordance with the schedule established by the Planning Department. The Planning Director shall prepare the agenda of all such matters. The agenda shall be delivered to the Commissioners and posted for the general public on the Friday before the Wednesday Commission meeting to which the agenda pertains. Section 6. Commission Correspondence Correspondence addressed to the Commission and received by the Planning Director or any other employee of the City shall not become a public record until received by the Commission at a regular, special, or adjourned meeting of the Commission. Section 7. Minutes: Preparation: Changes The Planning Director shall be responsible for preparing of the minutes of Commission meetings. Any direction for changes in the minutes shall be made only by majority action of the commission. Section 8. Minutes: Readinq Unless the reading of the minutes of a Commission meeting is ordered by a majority vote of the Commission, such minutes may be approved without reading if the Planning Director has previously furnished each Commissioner with a copy. Section 9. Minutes: Entrv of Statements A Commissioner may request through the Presiding Officer the privilege of having an abstract of the statement of such Commissioner on any subject under consideration by the Commission entered into the minutes. If the Commission consents thereto, such statement shall be entered into the minutes. Section 10. Entrv of Protests Any Commissioner shall have the right to have the reasons for his/her dissent from, or his/her protest against, any action of the Commission entered into the minutes; It shall be made in the following manner: "I would like the minutes to reflect that I am opposed to this action for the following reasons:.......". Section 11. Rules of Debate (a) Getting the floor. Every Commissioner desiring to speak at a Commission meeting shall first address the Chair, gain recognition by the Presiding Officer, and confine himself/herself to the question under debate, avoiding personalities and improper language. (b) Questioning the staff. Every Commissioner desiring to question the City staff shall, after recognition by the Presiding Officer, address his/her questions to the Planning Director or any member of staff present at the meeting. EXHI617"A" Planning Commission Procedures Resolution 2 (c) Interruptions. A Commissioner, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Commissioner, or unless the speaker chooses to yield to a question by another Commissioner. If a Commissioner is called to order while speaking, he/she shall cease speaking until the question of order is determined, and, if determined to be in order, he/she may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the Presiding Officer. (d) Points of order. The Presiding Officer shall determine all points of order, subject to the right of any Commissioner to appeal to the Commission. If an appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. (e) Points of personal privilege. The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the Commission is concerned. A Commissioner raising a point of personal privilege may interrupt another Commissioner who has the floor only if the Presiding Officer recognizes the privilege. (� Privilege of closing debafe. Any Commissioner can make a motion to close debate. Section 12. Rules of Order In the event of questions as to procedure set forth in this article for Commission meetings, the Chair shall be guided by the rules of general parliamentary procedure. Section 13. Rules of Order: Failure to Observe Rules adopted to expedite the transaction of the business of the Commission in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting which is otherwise held in conformity with law. Section 14. Rules of Decorum (a) Commissioners. While the Commission is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the peace of the Commission, nor disturb any member while speaking, nor refuse to obey the orders of the Presiding Officer. Members of the Commission shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (b) Staff. Members of the City staff shall observe the same rules of order and decorum as are applicable to the Commission, provided, however, members of the City staff may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. EXHIBIT"A" Planning Commission Procedures Resolution 3 (c) Persons addressing the Commission. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Commission shall be called to order by the Presiding Officer and, if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Commission during that meeting. (d) Members of the audience. Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, may be guilty of a misdemeanor under the provisions of State law. Upon instructions from the Presiding Officer, it shall be the duty of the Planning Director to arrange the removal of such person from the meeting place. Section 15. Rules of Decorum: Enforcement The Planning Director or such members of City staff as he/she may designate shall be sergeant at arms of the Commission and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at Commission meetings. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the a�rmative vote of a majority of the Commission shall require him/her to do so. (a) Manner. Each person desiring to address the Commission shall step up to the microphone reserved for that purpose, state his/her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by a majority vote of the Commission, shall limit his/her remarks to five minutes. All remarks shall be addressed to the Commission as a whole and not to any member thereof. No question shall be asked of a Commissioner or member of the City staff without the permission of the Presiding Officer. (b) Spokesperson for groups of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Commission on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Commission and, in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Commission. (c) After motions are made and hearings are closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Commission from the audience on the matter under consideration without first securing permission to do so by the Presiding Officer unless a majority of the Commissioners object. Section 16. Motions A motion by any member of the Commission, including the Presiding Officer, may not be considered by the Commission without receiving a second. EXHIBI7"A" Planning Commission Procedures Resolution 4 Section 17. Voting Procedure (a) Seating arrangement for Commission. The Chairman shall sit in the center chair of the Commission; the Vice-Chairman shall sit immediately to the left of the Chairman, and the remaining Commissioners shall be seated to the left of the Vice Chairman according to Seniority. (b) Quesfion to be stated. Upon moving the question, the Presiding Officer shall call for'the vote which shall be taken first from the chair to the left of the Chairman and proceeding clockwise with the final vote being that of the Presiding Officer. (c) Registration of votes. Any vote of the Commission, including a roll call vote, may be registered by the members by answering "aye" or"yes" for an affirmative vote or"no" for a negative vote upon the name of the Commissioner being called by the secretary. The Chairman shall call for the vote beginning with the Vice-Chairman, and proceeding to the left, and ending with the Chairman. Section 18. Votinq Procedure: Disqualification Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state, or have the Presiding Officer state, the nature of such disqualification in open meeting. When no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Commission affected, be decided by the other commissioners. A Commissioner stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. The procedures for recusing oneself and/or initiating and following , through with a conflict of interest shall confrom to state law. Section 19. Failure to Vote Every Commissioner shall vote unless disqualified by reason of a conflict of interest. A Commissioner who abstains from voting shall have his/her vote recorded as an abstention. Section 20. Tie Votes Tie votes shall be lost motions and may be reconsidered. Every effort shall be made by the Commission to discuss the issues further and entertain another motion(s). If it is clear that a tie vote is inevitable, the Commission shall remand the matter to the City Council for a decision. Section 21. Chanqinq Votes: Abstention A Commissioner may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces he/she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention. EXHIBIT"A" Planning Commission Procedures Resolution 5 Section 22. Reconsideration of Actions • _ , A motion to reconsider any action taken by the Commission may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion may be made only by one of the commissioners who voted the prevailing side. The provision of this section shall not be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meet�g of the Commission. Section 23. Official Actions Official actions of the Commission shall be in the form of motions. Motions shall be used to express decisions of the Commission on all Commission matters and shall be moved, seconded, and adopted by a roll call vote unless a voice vote is authorized by the Presiding Officer. Section 24. Special Committees All special Commission committees shall be appointed by the Presiding Officer with a majori�y consent of the commission. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge or upon an order of the Presiding Officer or a majority of the Commission. Section 25. Special Meetings; Time and Place: Notices Special Commission meetings may be called at any time by the Chairman or by three members of the Commission by directing the Planning Director contact and inform all Commissioners, and to deliver or mail a written notice to each local newspaper of general circulation and radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as set forth in the notice, or for any time period required by state law. The call and notice shall set forth the time and place of the special meeting (which may be at a time and place different from the regular meeting time or place) and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall/Civic Center Council chambers. No other business shall be considered at such meetings. EXHIBI7"A" Planning Commisslon Procedures Re�olutlon 6 RESOLUTION NO. 2017-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH ADOPTING PROCEDURES FOR CONDUCTING PLANNING COMMISSION MEETINGS WHEREAS, Article 4, Section 1155 of Ukiah City Code requires the Planning Commission to adopt rules for the transaction of its business; and WHEREAS, in 1983, the Ukiah Planning Commission adopted procedures to govern the conduct of Planning Commission meetings, and in 1999 these procedures were updated; and WHEREAS, eighteen (18) years have passed since the adoption of the most recent updated procedures; and WHEREAS, the Planning Commission wishes to adopt the Procedures of Conduct to reflect current practice and comply with Article 4, Section 1155 of Ukiah City Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah hereby adopts new procedures for the conduct of ineetings, which are included as "Exhibit A." PASSED AND ADOPTED on this 8th day of November 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Michael L. Whetzel, Chair ATTEST: Cathy Elawadly, Recording Secretary Resolution No. 2017-01 Page 1 of 1 EXHIBIT "A" PROCEDURES OF CONDUCT OF THE UKIAH PLANNING COMMISSION MEETINGS FOR THE CITY OF UKIAH SECTION 1. UKIAH PLANNING COMMISSION MEETINGS The Ukiah Planning Commission ("Commission") meets regularly on the second and fourth Wednesday of each month at 6:00 p.m. The Commission meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. The Rules of Conduct set forth procedural guidelines for the conduct of Ukiah Planning Commission meetings as follows: I. Special Meetings/Time and Place/Notices Special Planning Commission meetings may be called at any time by the Planning Commission Chair or by three (3) members of the Commission by directing the Recording Secretary to deliver or mail a written notice to each Commissioner and to each local newspaper of general circulation. Such notice shall be delivered personally or by mail at least twenty-four(24) hours before the time of such meeting, as set forth in the notice. The notice shall set forth (1)the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and (2) the business to be transacted at the special meeting. A copy of the notice shall also be posted at or near the door to the Civic Center Council Chambers. No other business than what is specified in the notice shall be considered at such meetings. Such written notice may be dispensed with as to any Commissioner who, at or prior to the time the meeting convenes, files with the Planning Commission a written waiver notice. Such waiver may be given by U.S. Mail, e-mail, or facsimile. The written notice may also be dispensed with as to any Commissioner who is actually present at the meeting at the time it convenes. II. Open to the Public/Exception All regular and special meetings of the Planning Commission shall be public; provided, however, the Commission may hold a special meeting, pursuant to applicable provisions of state law, including the Ralph M. Brown Act(Government Code Sections 54950 et seq.). III. Closed sessions/Disclosure of Information Not applicable. SECTION 2. AGENDAS I. Preparation and Posting of Meeting Agendas Exhibit"A" Planning Commission Procedures Resolution 1 Except for documents or information prepared by City staff that are not available by 12:00 pm on Wednesday, but in the Planning Director's judgment should be included with the meeting agenda prior to its delivery to the members of the Planning Commission, all reports, communications, ordinances, resolutions, contract documents, or other documents regarding matters to be submitted to the Commission at a regular meeting, shall be delivered to the Recording Secretary no later than 12:00 pm on Wednesday, six (6) working days preceding the meeting. The Recording Secretary or City Planning Division staff shall prepare the agenda of all such matters under the direction of the City Planning Director. The agenda and supporting documents shall be delivered to the Planning Commissioners no later than the Friday preceding the Wednesday Planning Commission meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the Planning Commission. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The Planning Director shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and that are properly documented, on for adoption by a single motion. II. Order of Business The business of the Planning Commission and the order of its agenda shall be in such form, as the Commission may from time to time adopt by resolution. SECTION 3. PLANNING CORRESPONDENCE I. Availability to the Public Correspondence addressed to the Planning Commission and received by the Recording Secretary, Planning Division staff, or any other officer or employee of the City, shall not become a public record until received and filed by the Commission at a regular, special, or adjourned meeting of the Planning Commission. Correspondence should not be read aloud at a Planning Commission meeting unless requested by a majority vote of the Commission. II. Authority of the Planning Director The City Planning Director is hereby authorized to open and examine all mail or other written communications addressed to the Planning Commission and to give them immediate attention to this end, that all administrative business referred to in such communications, and not necessarily requiring Commission action, may be acted upon between Commission meetings; provided, however, mail addressed to individual Commissioners shall not be opened without the consent of the Commissioner. SECTION 4. PRESIDING OFFICER The Planning Commission Chair shall be the presiding officer at all meetings of the Planning Commission. In the absence of the Planning Commission Chair, the Planning Exhibit"A" Planning Commission Procedures Resolution 2 Commission Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the Recording Secretary shall call the Commission to order, whereupon, a temporary presiding officer or Commissioner shall be elected by the Planning Commissioners present to serve until the arrival of the Planning Commission Chair or Vice Chair or until adjournment. Wherever in this Article the term Chair is used, it shall apply equally to the presiding officer as set forth in this section. I. Powers and Duties A. Participation: The presiding officer may move, second, debate, and vote from the Chair. B. Siqninq of Documents: The presiding officer shall sign all resolutions, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he or she is unavailable, in which case the signature of an alternate presiding officer may be used. C. Discussion of and Action on Aqenda Items: Under rules, as shall be determined from time to time by the Commission Chair, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The Planning Commission shall not take action on any item not appearing on the posted agenda unless: 1) a Commission majority determines that an 'emergency situation", as defined herein, exists; 2) the Commission determines by a two-thirds (2/3)vote, or by a unanimous vote if less than two-thirds(2/3)of the Planning Commissioners are present, that a need to take immediate action to the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which time the action is taken and was continued to the meeting at which time the action is taken As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Planning Commission meetings, the Chair shall be guided by the rules of general parliamentary procedure. I. Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Commission in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such Exhibit"A" Planning Commission Procedures Resolution 3 rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting, which is otherwise held in conformity with law. II. Rules of Decorum A. Commissioners: While the Commission is in session, the Commissioners shall preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, nor disturb any Commissioner while speaking, nor refuse to obey the orders of the presiding officer. Commissioners shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. B. Employees: Members of the City staff and employees shall observe rules of order and decorum as are applicable to the Planning Commission. However, members of the City Planning Division staff seated at the Staff table may not leave their seats during a meeting without first obtaining the permission of the presiding officer. C. Persons Addressinq the Council: Any person making impertinent, slanderous, or profane remarks, or who becomes belligerent while addressing the Commission, shall be called to order by the presiding officer, and if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Commission during that meeting. D. Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which disturbs the peach and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove such person from the Council Chamber and to place him or her under arrest. E. Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54952 of the California Government Code, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this Section shall not apply to authorized peace officers or to those persons authorized by the California Penal Code to carry such weapons. F. Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Policy may designate, shall be sergeant at arms of the Commission and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Commission meetings. Any Commissioner may move to require the Exhibit"A" Planning Commission Procedures Resolution 4 presiding officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to do so. II. Rules of Debate A. Getting the Floor: Every Commissioner desiring to speak at a Planning Commission meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself/herself to the question under debate, avoiding indecorous language. B. Questioninq the Staff: Every Commissioner desiring to question the City staff shall, after recognition by the presiding officer, address his or her questions to City staff. C. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, a point of order or chooses to yield to a question by another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking until the question of order is determined to be in order, then he or she may proceed. Members of the City staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. D. Points of Order: The presiding officer shall determine all points of order, subject to the right of any Commissioner to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained"? A majority vote shall conclusively determine such question of order. F. Privileqe of Closinq Debate: The Commissioner moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. G. Limitation of Debate: No Commissioner shall be permitted to speak more than once on any particular subject until every other Commissioner desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Planning Commission, including the presiding officer, may not be considered by the Commission without receiving a second. I. After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Commission from the audience on the matter under consideration without first seconding permission to do so by a majority vote of the Commission. Exhibit"A" Planning Commission Procedures Resolution 5 SECTION 7. VOTING RULES I. Seating Arrangement for Commission The Planning Commission Chair shall sit in the center chair of the Commission; the next most senior in years served on the Commission Commissioner (and if there is more than one of the same seniority, then by highest vote count at that election) shall sit alternately on the left and right of the Planning Commission Chair. II. Question to be Stated Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with Planning Commission Chair voting last. III. Registration of Votes Any vote of the Planning Commission, including a roll call vote, may be registered by the members by answering "aye" for an affirmative vote or "no" for a negative note upon the name of the Planning Commissioner. IV. Voting Procedure/Disqualification Any Planning Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter, shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Commissioner stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. V. Failure to Vote Planning Commissioners present at a Planning Commission meeting shall vote unless disqualified by reason of a conflict of interest or where the Commissioner, in good faith, believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed vote on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives"aye"votes from a majority of the Commissioners present at the meeting, provided a quorum is established. Commissioners abstaining shall be counted in determining whether a quorum is present. VI. Tie Votes Tie votes shall be lost motions and may be reconsidered. Exhibit"A" Planning Commission Procedures Resolution 6 VIII. Changing Votes/Abstention A Planning Commissioner may change his or her vote only if he or she makes a timely request to do so immediately following the announcement of the vote by the Recording Secretary and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his or her abstention. SECTION 8. RECONSIDERATION OF ACTIONS A motion to reconsider any action taken by the Planning Commission may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Commissioners who voted with the prevailing side. The provision of this Section shall not be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 9. PUBLIC HEARINGS I. Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. Generally, a quasi- judicial decision is any decision affecting one, or a limited number of individual applicants, in which the Planning Commission is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include, but are not limited to those concerning major use permits, variances, and major site development permits. II. Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: A. Time and Submission: Any written document, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the Recording Secretary six (6) calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. 1. If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. 2. The Planning Commission shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Commissioner, a majority of the Exhibit"A" Planning Commission Procedures Resolution 7 Commissioners present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although a continuance shall require a specific motion adopted by a majority of the Commissioners present at the meeting. B. Manner of Submission: All documents must be presented to the Recording Secretary for consideration at the hearing. No documents presented to the individual Commissioners prior to the hearing shall be considered as part of the hearing record. 1. To be considered, an original and seven (7) copies must be filed with the Recording Secretary. 2. Upon receipt, the Recording Secretary shall date stamp as Received the original and all copies. Upon request, the Recording Secretary will furnish the proponent of the document with a date stamped copy. The Recording Secretary shall immediately distribute copies of the submitted documents to the individual Commissioners and the Planning Director. The Recording Secretary shall retain the original and include it in the hearing record, which the Recording Secretary shall compile and maintain. III. Notice of Hearing Any notice of a public hearing shall include a statement that anyone wishing the Planning Commission to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the Recording Secretary not less than six (6) calendar days prior to the scheduled meeting date. IV. Viewing the Site In quasi-judicial hearings involving specific property, it shall be the duty of Planning Commissioners to view the site prior to the hearing. At the beginning of the hearing the Planning Commission Chair shall poll the Commissioners to establish, on the record, whether they have viewed the site. If any Commissioner indicates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In viewing the site, no Commissioner shall have any discussion with project proponents or opponents. In quasi-legislative public hearings involving specific property, any Commissioner may, but is not required to, view the site. In such hearings, Commissioners may, but are not required to, reveal on the record whether they have viewed the site. V. Making a Decision Exhibit"A" Planning Commission Procedures Resolution $ In quasi-judicial hearings, the Planning Commission shall base its decision exclusively on the record, including documents submitted in accordance with this rule, and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the Planning Commission made its decision, and to determine whether the decision is based on lawful principles. Where possible, the staff report on the quasi-judicial hearing provided to the Planning Commission shall include proposed findings for Planning Commission consideration. VI. Conduct of Public Hearing As presiding officer, the Planning Commission Chair shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Chair shall use his or her discretion in presiding over the hearing: A. Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If, during the rebuttal, project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. B. Time Limitations: The Planning Commission Chair may impose time limitations on all those wishing to present evidence or argument. The Chair may prevent the presentation of irrelevant, repetitive, or cumulative testimony or argument. C. Manner: Each person desiring to address the Planning Commission shall step up to the microphone reserved for that purpose, state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she is representing, if he or she represents an organization or other persons, and, unless further time is granted by a majority vote of the Commission, shall limit his or her remarks to three (3) minutes. All remarks shall be addressed to the Commission as a whole and not to any member thereof. D. �okesperson for Groups of Persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Planning Commission on the same subject matter, it shall be proper for the presiding officer to request that spokesperson be chosen by the group to address the Commission, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Commission. SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS Exhibit"A" Planning Commission Procedures Resolution 9 I. Motions Motions shall be used to express decisions of the Planning Commission on routine questions or matters of temporary importance, or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Commissioner. II. Resolutions Resolutions shall be used to express decisions of the Planning Commission of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. III. Ordinances Not applicable. SECTION 11. MINUTES/PREPARATION AND CHANGES The Recording Secretary shall have the exclusive responsibility for the preparation of the minutes of Planning Commission meetings, and any directions for changes in the minutes shall be made only by a majority action of the Commission. I. Minutes/Request for Detail During a Planning Commission meeting any Commissioner may request the Recording Secretary include in the minutes for that meeting a verbatim transcript of any portion of the meeting designated by the Commissioner. If so requested, the Recording Secretary shall include the verbatim transcript of such segment in the draft minutes presented to the Planning Commission for approval, unless the request is rejected by a majority vote of the Commission. II. Minutes/Reading Unless the reading of the minutes of a Planning Commission meeting is ordered by a majority vote of the Commission, such minutes may be approved without reading, if the Recording Secretary has previously furnished each Commissioner with a copy. III. Minutes/Entry of Statements A Planning Commissioner may request through the presiding officer of a Planning Commissioner meeting, the privilege of having an abstract of the statement of such Commissioner on any subject under consideration by the Commission entered in the minutes. If the Commission consents thereto, such statement shall be inserted in the minutes. Exhibit"A" Planning Commission Procedures Resolution 10 SECTION 12. SPECIAL COMMITTEES All special Planning Commission committees shall be appointed by the presiding officer with a majority consent of the Commission. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the presiding officer or majority of the Commission. Exhibit"A" Planning Commission Procedures Resolution 11 RESOLUTION NO. 2017-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH ESTABLISHING THE AGENDA ORDER FOR PLANNING COMMISSION MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF THE PROCEDURES OF CONDUCT FOR PLANNING COMMISSION MEETINGS WHEREAS, The City of Ukiah Planning Commission Meeting Procedures of Conduct, Section 2, Item II. Order of Business requires the Commission to adopt a resolution establishing the Order of its Agenda; and WHEREAS, the Planning Commission desires to adopt its Order of Agenda. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah establishes the following Order of Agenda for Planning Commission meetings: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Minutes 5. Appeal Process 6. Comments from Audience on Non-Agenda Items 7. Site Visit Verification 8. Verification of Notice 9. Commissioner Reports 10. Director's Report 11. Consent Calendar 12. New Business 13. Unfinished Business 14. Adjournment BE IT FURTHER RESOLVED that upon motion and second or at the request of the Chair or the Planning Director, the Planning Commission may reorder items on the agenda for a specific meeting. PASSED AND ADOPTED on this 8th day of November 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Michael L. Whetzel, Chair ATTEST: Cathy Elawadly, Recording Secretary ITEM NO.: 10b MEETING DATE: November 8, 2017 City of Ukiah C'ONIMUNI'1'Y llEV�LOPML-N'1' 30U tiEM1NA12�AV�NUE ll�YARi:rvL�NT UK1AH,C;A 9;482 AGENDA SUMMARY REPORT Subject: Discussion and Possible Action Regarding the Scheduling of a Special Meeting of the Planning Commission on November 16, 2017 and/or the Cancellation of a Regular Meeting of the Planning Commission on November 22, 2017. Background: The Planning Commission will consider the scheduling of a Special Meeting of the Planning Commission on November 16, 2017 and/or the cancelling of a Regular Meeting of the Planning Commission on November 22, 2017. Discussion: The Planning Commission regularly meets the second and fourth Wednesdays of each month. This year, Wednesday, November 22, 2017 falls on the day before the Thanksgiving Day holiday. Given historical availability of Staff and Commissioners during the holidays, while also recognizing the importance of expediently moving projects forward and requirements under the Permit Streamlining Act, Staff is recommending the scheduling of a Special Meeting of the Planning Commission on November 16, 2017 and the cancellation of the Regular Meeting of the Planning Commission on November 22, 2017. Recommended Action(s): Approve the scheduling of a special meeting of the Planning Commission on November 16, 2017 and approve the cancellation of a regular meeting of the Planning Commission on November 22, 2017. Alternative Commission Option(s): 1. Do not approve the scheduling of a special meeting on November 16, 2017; 2. Select a different date for the scheduling of a special meeting; 3. Do not approve the cancellation of a regular meeting of the Planning Commission on November 22, 2017. Citizens advised: N/A Requested by: Craig Schlatter, Community Development Director Prepared by: Craig Schlatter, Community Development Director Coordinated with: N/A Attachments: None