HomeMy WebLinkAbout2020-01-08 PacketPlanning Commission
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
January 8, 2020 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
4.a. Approval of November 19, 2019 Regular Meeting Minutes
Recommended Action: Review and approve November 19, 2019 Regular Meeting Minutes
Attachments:
1.20191119 PC Draft Minutes
5. 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 January 20, 2020.
6. COMMENTS FROM AUDIENCE ON NONAGENDA 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.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PLANNING COMMISSIONERS REPORT
10. DIRECTOR'S REPORT
11. CONSENT CALENDAR
Page 1 of 259
11.a. Recommendation of Approval to the City Council of Final Major Subdivision Map for Gobbi Commons, and Authorize
the Chair of the Planning Commission to sign the Certification; project located at 250 West Gobbi Street; APN 001
30606. File No: 194625.
Recommended Action: Recommendation of Approval to the City Council
Attachments:
1.250 W Gobbi_SR_Final
2.Gobbi Commons Final Map
12. NEW BUSINESS
12.a. Request for Review of a Major Use Permit and Parking Variance Request to Allow a Cannabis
Manufacturing (nonvolatile) and Dispensary/Retail Operation in an Existing Building at 441
North State Street; APN 00218619; File No. 194434
Recommended Action: Conditional Approval
Attachments:
1.441 N State_Element 7_Staff Report
2.ATT 1_441 N State_Element 7_MaUP DRAFT Findings
3.ATT 2_441 N State_Element 7_MaUP DRAFT COA
4.ATT 3a Application
5.ATT 3b Site Plans
6.ATT 3c Odor Management and Control Plan
7.ATT 3d Signage Renderings
8.ATT 3e Operating Plans
9.ATT 4 Agency Comments
12.b. Request for Review of a Major Use Permit with Major Exception to Allow Operation of a Cannabis Microbusiness to
Include Cultivation, Distribution, and Dispensary/Retail in an Existing Building at 270, 272 & 274 East Smith Street;
APN 00219123; File No. 194635.
Recommended Action: Conditional Approval
Attachments:
1.270 E Smith St_WCCannasseurs_SR_Final
2.ATT 1 Draft Findings
3.ATT 2 Draft Conditions
4.ATT 3a Application
5.ATT 3b Site Plans
6.ATT 3c Lighting Plans
7.ATT 3d Odor Control
8.ATT 3e Standard Operating Procedures
9.ATT 4 CC Minutes 20191002
10.ATT 5 Agency Comments
13. UNFINISHED BUSINESS
14. ADJOURNMENT
Page 2 of 259
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon
request. Materials related to an item on this Agenda submitted to the City Council after distribution of
the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center,
300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday,
8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located
at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on
this agenda.
Page 3 of 259
ATTACHMENT 1
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 19, 2019
6:00 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on November 19, 2019,
having been legally noticed on November 14, 2019. Chair Wetzel called the meeting to order
at 6:00 p.m.
CHAIR WHETZEL PRESIDING.
Clerk note: meeting was adjourned to Conference Room 3.
2. ROLL CALL
Roll was taken with the following Commissioners Present: Ruth Van Antwerp, Linda Sanders,
Mark Hilliker, Laura Christensen, and Mike Whetzel; Staff Present: Craig Schlatter,
Community Development Director; and Pamela Mathias, Deputy Clerk.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Whetzel.
4. APPROVAL OF MINUTES
a. Approval of the October 22, 2019, Regular Meeting Minutes.
Motion/Second: None Motion carried by the following roll call vote: AYES: Van Antwerp,
Christensen, Sanders, Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN:
None.
5. APPEAL PROCESS
No matters eligible for appeal were heard.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7. SITE VISIT VERIFICATION
Confirmed by Commissioners.
8. VERIFICATION OF NOTICE
Confirmed by Staff.
9. PLANNING COMMISSIONERS’ REPORT
Presenter: Chair W hetzel.
10. PLANNING COMMISSION DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
Page 4 of 259
Minutes of the Planning Commission, October 9, 2019 Continued:
Page 2 of 2
11. CONSENT CALENDAR
No items on consent calendar.
12. NEW BUSINESS
No new business.
13. UNFINISHED BUSINESS
a. Discussion and Possible Action Regarding Planning Commission Orientation Packet.
Presenter: Craig Schlatter, Community Development Director.
Motion/Second: General Consensus to approve recommended use of a new orientation
packet with added glossary for the Planning Commission.
14. ADJOURNMENT
There being no further business, the meeting adjourned at 7:34 p.m.
____________________________
Pamela Mathias, Deputy Clerk
Page 5 of 259
AGENDA ITEM NO. 11A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Gobbi Commons Final Subdivision Map
250 West Gobbi Street
File No.: 19-4625
1
DATE: January 8, 2020
TO: Planning Commission
FROM: Mireya G. Turner, Associate Planner
SUBJECT: Make Recommendation of Approval to the City Council of Final Major Subdivision
Map for Gobbi Commons, and Authorize the Chair of the Planning Commission to sign the
Certification; project located at 250 West Gobbi Street; APN 001-306-06. File No: 19-4625.
SUMMARY
OWNERS: Guillon, Inc.
APPLICANT: Guillon, Inc.
LOCATION: 937 ft west of South State Street, and 280 ft east of South
Dora Street. Address: 250 West Gobbi Street; APN: 001-306-
06
TOTAL ACREAGE: ±0.943 acre gross (41,077 sf); ±0.863 acre net (37,592 sf)
GENERAL PLAN: Medium Density Residential
ZONING DISTRICT: Medium Density Residential-Planned Development (R2-PD)
AIRPORT COMPATABILITY
ZONE
D (Other Airport Environs)
ENVIRONMENTAL
DETERMINATION:
Project is exempt, pursuant to CEQA Guidelines
§15268(b)(3), ministerial projects are exempt from CEQA
RECOMMENDATION: Approval
Page 6 of 259
AGENDA ITEM NO. 11A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Gobbi Commons Final Subdivision Map
250 West Gobbi Street
File No.: 19-4625
2
PROJECT DESCRIPTION AND BACKGROUND
Location. The proposed Gobbi Commons Project site is located at 250 West Gobbi Street,
between South Dora Street and South State Street. The parcel is currently vacant, generally flat,
and has been lightly graded in compliance with an issued grading permit, in preparation of
development of eight detached, single-family dwellings.
Project Description. An application was received from Guillon, Inc. for approval of a Tentative
Major Subdivision Map, Planned Development Rezone with Precise Development Plan and Major
Site Development Permit that would allow 1) subdivision of one ±0.943 acre (gross) parcel into
nine parcels, and 2) the development of eight single-family dwellings at 250 West Gobbi Street.
UCC §8003 delegates the authority to the Planning Commission to review the design and
improvement of proposed subdivisions, and make a recommendation to the City Council. The
project, including the Tentative Subdivision Map, was approved, as conditioned, by the Planning
Commission on October 22, 2019, and the City Council on November 6, 2019. Certain approved
conditions were required to be completed prior to the approval and recordation of the Final Map.
The City Engineer has reviewed the submitted Final Map and has determined that the map is
correct, and the map is in compliance with §8272, of the UCC Subdivision Ordinance, and that all
applicable Conditions of Approval have been met. UCC §8273 and §8274 requires the Final
Subdivision Map to be approved by the Planning Commission, as well as City Council.
Additionally, §8267 requires the signature of the Planning Commission Chair on the Certification
page of the Final Map. The proposed Final Map is included as Attachment 1.
No amendments to the project, including the approved Major Site Development Permit, Planned
Development Rezone and Precise Development Plan are proposed as a part of this item.
ENVIRONMENTAL DOCUMENTATION
According to California Environmental Quality Act (CEQA) Guidelines §15268(b)(3), approval of
the Final Subdivision Map is considered a ministerial project, and therefore, exempt from CEQA.
§15268(b):
In the absence of any discretionary provision contained in the local ordinance or
other law establishing the requirements for the permit, license, or other entitlement
for use, the following actions shall be presumed to be ministerial:
(1) Issuance of building permits.
(2) Issuance of business license.
(3) Approval of final subdivision maps.
(4) Approval of individual utility service connections and disconnections.
Page 7 of 259
Gobbi Commons TSM/RZ/PD/MASDP
250 West Gobbi Street
File No. 19-4625
3
NOTICE
Approval of a Final Subdivision Map does not require a public hearing, so public noticing of this
item is limited to the posted agenda.
RECOMMENDATION
Staff recommends the Planning Commission provide City Council a recommendation of approval
of the Final Major Subdivision Map, and authorize the Planning Commission Chair to sign the
Certification page of the Final Map.
ATTACHMENTS
1. Proposed Final Map
Page 8 of 259
·Attachment 1Page 9 of 259
Page 10 of 259
Page 11 of 259
Page 1 of 1
Agenda Item No: 12.a.
MEETING DATE/TIME: 1/8/2020
ITEM NO: 2020-1
AGENDA SUMMARY REPORT
SUBJECT: Request for Review of a Major Use Permit and Parking Variance Request to Allow a Cannabis
Manufacturing (non-volatile) and Dispensary/Retail Operation in an Existing Building at 441 North State
Street; APN 002-186-19; File No. 19-4434
DEPARTMENT:Community Development PREPARED BY:
ATTACHMENTS:
1.441 N State_Element 7_Staff Report
2.ATT 1_441 N State_Element 7_MaUP DRAFT Findings
3.ATT 2_441 N State_Element 7_MaUP DRAFT COA
4.ATT 3a Application
5.ATT 3b Site Plans
6.ATT 3c Odor Management and Control Plan
7.ATT 3d Signage Renderings
8.ATT 3e Operating Plans
9.ATT 4 Agency Comments
Summary:
Background:
Discussion:
Recommended Action: Conditional Approval
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT:
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
Approved:
Sage Sangiacomo, City Manager
Page 12 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
1
DATE: January 8, 2020
TO: Planning Commission
FROM: Mireya G. Turner, Associate Planner
SUBJECT: Request for Review and Recommendation for Major Use Permit and Parking
Variance Request to Allow a Cannabis Manufacturing (non-volatile) and
Dispensary/Retail Operation in an Existing Building at 441 North State Street. APN
002-186-19; File No. 19-4434.
SUMMARY
OWNER: Allen Ling, TTE
APPLICANT: Robert Divito, Jr.
Element 7 Ukiah, LLC
LOCATION: 441 North State Street (APN 002-186-19)
TOTAL ACREAGE: ±0.18-acre (7,840.8 sf)
GENERAL PLAN: Commercial (C)
ZONING DISTRICT:
AIRPORT COMPATIBILITY:
Community Commercial (C-1)
Common Traffic Pattern (C)
ENVIRONMENTAL
DETERMINATION:
Categorical Exemption, pursuant to CEQA Guidelines Article
19 Section 15301, Existing Facilities, Class 1(a)
RECOMMENDATION: Conditional Approval (see Draft Findings in Attachment 1
and Draft Conditions of Approval in Attachment 2)
Page 13 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
2
PROJECT DESCRIPTION AND BACKGROUND
An application was received from Robert Divito of Element 7 Ukiah, LLC for approval of a Major
Use Permit to allow the operation of a cannabis manufacturing (non-volatile), and
retail/dispensary facility. The project also includes a request for a variance from the parking
regulations. The application and project description are included as Attachment 3a and
development plans are included as Attachment 3b. The project would include the following
components.
Non-volatile manufacturing, consisting of packaging of adult use and medicinal cannabis
pre-rolls, 96 sf retail/dispensary space, and 90 sf complementary self-administered spa
treatments with non-cannabis infused products, within an existing 1,926 sf, two-story, 26
ft high building;
Three (3) on-site parking spaces (one standard, one ADA, and one delivery loading zone)
within a 1,800 sf parking lot; additional off-site parking along North State Street and North
Main Street is available;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features including polarized carbon filters, ozone generators, air curtains and
air quality enhancing plants (see Attachment 3b; Site Plans);
Signage including a 6’ x 4’ “Element 7” sign on the wall of the facility, and a small hanging
sign above the entry way, (See Attachment 3e, Site Plan and Elevations included in
Attachment 3B);
Existing landscaping to remain; new landscaping is not proposed with this project;
Security features such as surveillance cameras, alarms, card reader entry, etc.; a six-foot
wrought iron security fence around the site’s North Main Street perimeter, and along the
side lot lines to the top of bank of Gibson Creek closest to the building, with a locked
delivery gate on North Main Street, and pedestrian gate along North State Street frontage,
and on-site security guard.
20-30 retail deliveries per day and one weekly delivery of cannabis for manufacturing are
anticipated with use of one delivery vehicle;
Operations will be staffed with up to 12 employees; with no more than four per shift.
Operating hours for Element 7 Ukiah would be as follows:
Dispensary:
7:00 a.m. to 8:00 a.m. - Opening Procedures (no public access)
9:00 a.m. to 9:00 p.m. – Dispensary Operations
9:00 p.m. to 10:00 p.m. – Closing Procedures (no public access)
Manufacturing:
8:00 a.m. to 8:00 p.m. – Manufacturing Operations
Page 14 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
3
The property is located at 441 North State Street and is bounded by North Main Street to the east.
Gibson Creek intersects the parcel at the Northwest corner, and traverses the parcel in a
southeasterly direction. A floodway line parallels the creek on either side, across the entire parcel.
An existing accessible path to the project site begins at North State Street, proceeding west and
crossing Gibson Creek via an existing bridge. The landscaping contains trees, grasses, and ivy.
The existing parking lot located on the back portion of the parcel along North Main Street contains
one standard parking space and one ADA parking space. The existing 1,872 sf building is located
on the eastern half of the parcel, 39 feet away from the creek at its closest point, and outside the
corresponding floodway. The majority of the structure was relocated to the parcel in 2003, with
new construction taking place on the first floor. It was most recently used as professional office
space.
SURROUNDING LAND USE AND ZONING
The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). The project site is surrounded by parcels zoned Commercial (C1),
and Urban Commercial (UC). The site is located outside of the Downtown Zoning District, but is
within the Downtown Parking Improvement District #1. The following uses are directly adjacent to
the parcel.
ZONING: USE:
NORTH Community Commercial Professional offices
EAST Community Commercial Retail/commercial and Circle Trailer Park
SOUTH Community Commercial and
Urban Center
Retail/commercial and automotive repair
WEST Community Commercial Single-family and multi-family residential
Page 15 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
4
Figure 1. General Plan
Figure 2. Zoning Designation
Page 16 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
5
Figure 3. Aerial Map
Page 17 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
6
Figure 4: View from North State Street Figure 5: North State Street frontage
Figure 6: View from North Main Street
Page 18 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
7
AGENCY COMMENTS
Project referrals were sent to the following responsible or trustee agencies with interest or
jurisdiction over the project: City of Ukiah Building Division, City of Ukiah Electric Utility
Department, City of Ukiah Police Department, City of Ukiah Department of Public Work s, Ukiah
Valley Fire Authority, and State Department of Social Services. The agencies’ comments are
included in Attachment 4 and recommended Conditions of Approval are contained in
Attachment 2.
STAFF ANALYSIS
General Plan and Zoning Consistency
Use. The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). Per UCC §9215, cannabis related businesses are allowed in the
Community Commercial zoning district with approval of a Major Use Permit. New construction
and exterior modifications are not proposed in the project. Findings required for approval of Use
Permits per UCC §9262(e) are included in Attachment 1 and subject to Conditions of Approval
contained within Attachment 2. In addition to the findings required in §9262 of this Code, the
Planning Commission shall consider additional criteria related to security and crime in determining
whether to grant or deny a Dispensary Use Permit (UCC §5710) which are also included as
Attachment 1.
In addition to required application submittal documents, permit procedures and operating
requirements, the ordinances above list siting restrictions for cannabis related businesses.
Specifically, cannabis related businesses cannot be located. The project is consistent with the
siting requirements of §9174.2, as it is not within the restricted distances to residences, schools,
youth-oriented facilities, or other cannabis related business (see Neighborhood Context Map
included as Sheet A0.2 of Attachment 3b). North Main Street, an intervening, non-residential
use, separates the Project Parcel from the residences across the street. The State Department
of Social Services Licensing Division staff confirmed that there are no licensed daycares within
250 ft of the project.
The applicant has submitted all required documents including a complete application, a Security
Plan (omitted from the attachments for security reasons), Standard Operating Procedures
(Attachment 3e), etc. in compliance with the aforementioned ordinances. In addition, the
Applicant has successfully completed the Live Scan background process through the Ukiah Police
Department. The project is consistent with all other requirements contained within the above
applicable ordinances for cannabis related businesses. In addition, the project is consistent with
the Ukiah City Code for development in the Community Commercial zoning district, with the
exception of number of on-site parking spaces, as summarized below.
Page 19 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
8
Setbacks. The project parcel has a two-story structure, placed at its current location in 2003,
fronted by both North State Street and Main Street. Per UCC §9085, multiple story buildings shall
have a five foot (5’) setback along both street frontages. For rear and side yards, no setback is
required. The existing building is set back approximately 100 ft from North State Street and 64 ft
from North Main Street; meeting the requirements of the UCC. The project does not propose
expansion of the existing building’s footprint.
Parking Variance. UCC 5710(Q) requires parking be provided at a rate of one space for every
250 gross sf of retail space, office space, and similar floor areas. However, UCC §9198(B)(1)
allows for one parking space for each 350 sf of leasable space for retail stores within the Parking
District #1, such as the Element 7 project. In addition, UCC §9198(G)(1) for industrial
(manufacturing) uses requires one parking space for each employee on the maximum shift, plus
required space for any office area, plus a minimum of two (2) spaces for customer parking, plus
one space for each vehicle operated from or on the site. Lastly, UCC §9198(F)(5) requires one
parking space for each 250 sf of health facility and spa space. Computation of parking spaces,
with fractional spaces, is rounded up to one space when the fraction is one half or greater. Bicycle
parking is not required in the C1 zoning district.
Based on these regulations, the project is required to provide nine (9) parking spaces. The project
proposes one (1) standard parking space, one (1) accessible space, and one (1) delivery parking
space on-site, for a total of three (3) parking spaces. The Applicant has requested a variance from
the parking requirements for a reduction of six (6) spaces.
UCC §7388 states,
“1. It is desirable to allow full development of many parcels within Parking District
#1 and to provide off-site parking; and
2. It is desirable in certain cases to allow variance from on-site parking
requirements in Parking District #1 or other parking districts established by City
Council.”
UCC §7388 grants the Planning Commission the authority to reduce the required parking, based
on one or more of the following grounds:
1. The refusal to allow a variance would make a proper use of the property
unfeasible;
2. Physical impossibility or unsuitability of the property to comply with on-site
parking requirement;
3. Proximity to an under utilized public parking lot which would reduce the need for
on-site parking;
4. Specific conditions exist which particularly affect the subject property as
opposed to other properties in the District similarly situated;
5. Specific conditions exist as to the type of business enterprise or use permitted
by the Commission and which may affect the need for on-site parking.
Page 20 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
9
The current on-site parking is located on the eastern side of the parcel, within the 30 feet between
the existing building and North Main Street. Two of the three on-site spaces are existing. The
proposed additional space has been located in the last available space in the parking lot on the
Main Street side of the parcel. These spaces will be secured by a locked gate, and will not be
immediately accessible by the public. Due to the size, natural features (Gibson Creek), and
exisitng development of the parcel (as described in the Bakground section above) there is not
sufficient space for additional on-site parking. However, additional parking spaces are
immediately available along both North State Street and North Main Street. Findings for this
variance request have been included to the Draft Findings in Attachment 1.
Height. Per UCC §9113, the maximum building height is 50 feet. The existing building is 26 feet
in height and the project does not propose a height increase.
Landscaping. UCC §9087(D)(1)(i) requires 20% of the gross area of the parcel to be landscaped.
The project parcel is ±8,205 square feet, and currently has ±3,848 square feet, or 48% lot
coverage of existing landscaping, consisting of trees, grasses, and ivy. The applicant proposes
no change to the current landscaping.
Signage. Per UCC §3227, allowed signage is calculated by one and one-half (1 1/2) square feet
of sign area for every ground level linear foot of parcel frontage. §5708(I)(4) allows a single sign
for Cannabis Retail establishments. §9174.2(B)(6)(b) allows for a single sign for other cannabis
related businesses. The project building has two frontages, along North State and North Main
Streets. Based on these methods of calculation, the applicant is allowed approximately 78 sf of
signage.The applicant has submitted preliminary sign information, contained within Attachement
3e, including plans for one 36 sf wall mounted sign, and one small hanging sign above the entry
way, approximately 10 sf. This total of 46 sf is well below the 78 sf maximum. City of Ukaih
standard Conditions of Approval requires the applicant to obtain a Sign Permit, in compliance with
all applicable sign regulations.
Based on the analysis above and Findings in Attachment 1, subject to the Conditions of Approval
in Attachment 2, Staff find that the Major Use Permit and parking variance may be granted.
ENVIRONMENTAL DOCUMENTATION
The proposed project is subject to the California Environmental Quality Act (CEQA). The project
qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19 §15301, Existing
Facilities, Class 1(a) which consists of the operations, repair, maintenance, or minor alteration of
existing public or private structures involving negligible or no expansion of use beyond that
existing at the time of the lead agency’s determination.
The project involves renovations to an existing 1,586 sf building historically used for office space
and residential. The project would require minor disturbance of the rear parking lot to install a
fence. The project is within an urban area surrounded by similar uses and adequately served by
public utilities. W ork would not occur near the creek and the project would not remove any healthy,
mature, scenic trees.
Page 21 of 259
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
10
NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published in the Ukiah Daily Journal on December 28, 2019
Posted on the Project site on December 27, 2019
Posted at the Civic Center (glass case) 72 hours prior to the public hearing
Mailed to property owners within 300 feet of the project parcels on December 27,
2019
RECOMMENDATION
Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings
and conditionally approve a Major Use Permit with a variance from parking regulations, for the
project.
ATTACHMENTS
1. Draft Findings
2. Draft Conditions of Approval
3. Project Application Materials
a. Application
b. Site Plans
c. Odor Management and Control Plan
d. Signage Renderings
e. Standard Operating Procedures
4. Agency Comments
Page 22 of 259
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
1
ATTACHMENT 1
DRAFT FINDINGS TO ADOPT A MAJOR USE PERMIT AND PARKING VARIANCE TO
ALLOW THE DEVELOPMENT OF A CANNABIS MANUFACTURING (NON-VOLATILE) AND
DISPENSARY/RETAIL OPERATION IN AN EXISTING BUILDING AT 441 NORTH STATE
STREET. APN 002-186-19; FILE NO. 19-4434.
Recommendation for the Approval of the Major Use Permit, Variance and Findings: The
Community Development Department’s recommendation for conditional approval of a Major Use
Permit and parking variance to allow a cannabis business to include: manufacturing, and
dispensary/retail in an existing building at 441 North State Street is based in part on the following
findings, in accordance with UCC Sections 9262, 5710 and 7388.
Major Use Permit Findings
1. The proposed land use is consistent with the provisions of the Ukiah City Code as well as
the goals and policies of the City General Plan.
The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). The proposed project is consistent with the General Plan
goals and policies related to commercial and light manufacturing development. With
approval of the Use Permit and variance the project also complies with all requirements of
the C1 zoning district. In addition, the project is consistent with all UCC regulations for
cannabis related businesses.
2. The proposed land use is compatible with surrounding land uses and shall not be
detrimental to the public’s health, safety and general welfare
The proposed project would be similar in use, and intensity, as the surrounding area which
is developed with commercial/retail uses. The proposed project includes a comprehensive
Security Plan, Standard Operating Procedures and odor control measures to ensure that
the project will not be detrimental to the public’s health and safety. In addition, the project
has been reviewed by the following agencies to ensure compliance with the Ukiah City Code
and other codes and regulations relating to health and safety: Ukiah Valley Fire Authority,
City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah
Electric Utility Department, and City of Ukiah Building Division. Comments have been
included as Conditions of Approval, as appropriate.
In addition to the findings required in section 9262 of this Code, the Planning Commission shall
consider the following criteria in determining whether to grant or deny a Dispensary Use Permit.
3. That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act
of 1996, the AUMA, the MAUCRSA, and related State law, the provisions of this Chapter
and the City Code, including the application submittal and operating requirements herein.
The applicant has submitted the required information as a part of their application in
accordance with all City Codes and will be required to operate in compliance with all State
laws under a State License.
4. 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).
Page 23 of 259
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
2
The Ukiah Police Department reported receiving 346 total calls in the 400 block of North
State Street and 300 block of North Main Street, within the period of 9/30/2018 through
9/30/2019. These calls account for 1% of the total number of calls for the City limits, and is
not considered to be significantly higher than other areas within the City.
Crime information related to operation of this specific project will be reviewed and analyzed
during the annual renewal process for the Use Permit.
5. That there have not been significant numbers of calls for police service, crimes or arrests in
the area or to an existing Dispensary location.
See Finding No. 4 above.
6. That an applicant or employee is not under twenty- one (21) years of age.
The applicant has demonstrated that they are over 21 years of age by provided a copy of
their driver’s license.
7. 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.
The project as proposed, would be in compliance with operating requirements contained
within the City Code and adopted related cannabis ordinances.
8. That all required application or annual renewal fees have been paid and reporting
requirements have been satisfied in a timely manner.
Application fees have been paid and the applicant will be required to pay renewal fees as a
Condition of Approval.
9. 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.
The proposed project location meets all siting requirements contained within local and State
regulations. A Security Plan, Standard Operating Procedures and odor control measures
are included as a part of the project to ensure no significant issues will arise from the project.
The project has also been reviewed by the Ukiah Police Department, Ukiah Valley Fire
Authority, and other agencies to ensure public safety.
10. 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 of this Code. 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.
The project includes a Security Plan with the features listed above such as lighting, alarms,
surveillance, perimeter fencing, etc.that has been reviewed and approved by the Police
Department. In addition, crime prevention-related Conditions of Approval have been
included from the Police Department.
Page 24 of 259
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
3
11. That no Dispensary use, owner, operator, permittee, agent, or employee has violated any
provision of this chapter including grounds for suspension, modification or revocation of a
permit.
N/A, the business is not yet operational. However, once operational, this criterion will be
reviewed as a part of the permit renewal process.
12. 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.
See Finding Number 10.
13. 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.
The project site is surrounded by other commercial/retail uses. In addition, the project meets
all siting restrictions contained within local and State regulations to ensure compatibility with
surrounding uses. Proposed operating hours for the manufacturing and retail/dispensary
business would be Mon-Sun 9:00 a.m.- 9:00 p.m. for the retail/dispensary; Mon-Sun 8:00
a.m. – 8:00 p.m. for the manufacturing operation.
14. 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.
N/A, the manufacturing and retail/dispensary business is not yet operational. However, once
operational, this criterion will be reviewed as a part of the permit renewal process.
15. That the applicant has not violated any local or State law, statute, rule or regulation
respecting the distribution, possession, or consumption of marijuana.
The applicant has successfully completed the Live Scan process through the Ukiah Police
Department, demonstrating that he has not violated any laws that would disqualify him from
operating the business.
16. 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.
The applicant certifies that he has not knowingly made a false statement or omitted
information from his application.
17. 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
Page 25 of 259
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
4
misdemeanor involving moral turpitude, or has engaged in misconduct related to the
qualifications, functions or duties of a permittee.
See Finding Number 15. In addition, Live Scans will be required for all employees as a
Condition of Approval.
18. That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business
acts or practices.
The applicant certifies that he has not engaged in any unlawful, fraudulent or deceptive
business practices.
19. That adequate parking for medical cannabis dispensaries will be provided at a rate of one
space for every two hundred (200) gross square feet of retail space, office space, and similar
floor areas, pursuant to section 9198(F)(1) of this Code. Furthermore, that adequate parking
for Cannabis Retailers generally will be provided at a rate of one space for every two
hundred fifty (250) square feet of gross, leasable space, pursuant to section 9198(B)(1) of
this Code. However, if the dispensary to be operated by the applicant does not dispense
cannabis to patients or eligible Adult Use patrons on site but services qualified patients and
patrons through deliveries in compliance with Section 5717 of this Code, then adequate
parking will be provided at a rate of one space for every four hundred (400) square feet of
gross leasable space, pursuant to Section 9198(G)(3) of this Code.
The project proposes three parking spaces, including one ADA space and also a loading
zone for deliveries. The Applicant has requested a variance from the parking regulations,
based on findings listed below.
Variance Findings
The applicant requests a variance from UCC §5710(Q) and §9198(G)(1), requiring nine (9) on-site
parking spaces. The Applicant proposes three (3) on-site parking spaces, with additional parking
to be located along North State and North Main Streets. UCC §7388 authorizes the Planning
Commission to grant a parking variance for parcels within City-established parking districts, based
on the following findings:
20. The refusal to allow a variance would make a proper use of the property unfeasible.
The current on-site parking is located on the eastern side of the parcel, within the 30 feet
between the existing building and North Main Street. Two of the three on-site spaces are
existing. The proposed additional space has been located in the last available space in the
parking lot on the Main Street side of the parcel. These spaces will be secured by a locked
gate, and will not be immediately accessible by the public. Gibson Creek intersects the
parcel at the Northwest corner, and traverses the parcel in a southeasterly direction. A
floodway line parallels the creek on either side, across the entire parcel. An existing
accessible path to the project site begins at North State Street, proceeding west and
crossing Gibson Creek via an existing bridge. Due to the size, natural features, and existing
development of the parcel there is not sufficient space for additional on-site parking.
However, additional parking spaces are immediately available along both North State Street
and North Main Street. Without granting of a variance from the parking required by
Page 26 of 259
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
5
§9198(G)(1), the Applicant will be unable to accommodate the retail clientele, and its
employees.
21. Physical impossibility or unsuitability of the property to comply with on-site parking
requirement.
See Finding No. 20. The project parcel is unable to comply with the on-site parking
requirement due to the size, natural features (Gibson Creek and flood plain areas), and
existing development on-site.
22. Proximity to an underutilized public parking lot which would reduce the need for on-site
parking.
Parallel parking is available along the entire lengths of both North State and North Main
Streets, in the vicinity of the project parcel. With a maximum of four employees present per
shift, and the short time length of an average retail client, the available parking spaces within
the immediate vicinity of the project parcel is sufficient for the needs of the project.
23. Specific conditions exist which particularly affect the subject property as opposed to other
properties in the District similarly situated.
Other neighboring parcels are limited by existing structures, however, the project parcel is
the only parcel in the area which is traversed by Gibson Creek, limiting the amount of
useable space.
Based on the above analysis, the findings required for the Major Use Permit and variance can be
made.
Notice of Public Hearing
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published in the Ukiah Daily Journal on December 28, 2019;
Posted on the Project site on December 27, 2019;
Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and
Mailed to property owners within 300 feet of the project parcels on December 27,
2019.
Page 27 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL OF A MAJOR USE PERMIT AND PARKING
VARIANCE TO ALLOW THE DEVELOPMENT OF A CANNABIS MANUFACTURING (NON-
VOLATILE) AND DISPENSARY/RETAIL OPERATION IN AN EXISTING BUILDING AT 441
NORTH STATE STREET.
The following Conditions of Approval shall be made a permanent part of the Major Use Permit,
shall remain in force regardless of property ownership, and shall be implemented in order for this
entitlement to remain valid.
Approved Project Description. An application was received from Robert Divito of Element 7 Ukiah,
LLC for approval of a Major Use Permit to allow the operation of a cannabis manufacturing (non-
volatile), and retail/dispensary facility. The project also includes a request for a variance from the
parking regulations.
Non-volatile manufacturing, consisting of packaging of adult use and medicinal cannabis
pre-rolls, 96 sf retail/dispensary space, and 90 sf complementary self -administered spa
treatments with non-cannabis infused products, within an existing 1,926 sf, two-story, 26
ft high building;
Three (3) on-site parking spaces (one standard, one ADA, and one delivery loading zone)
within a 1,800 sf parking lot; additional off-site parking along North State Street and North
Main Street is available;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features including polarized carbon filters, ozone generators, air curtains and
air quality enhancing plants (see Attachment 3b; Site Plans);
Signage including a 6’ x 4’ “Element 7” sign on the wall of the facility, and a small hanging
sign above the entry way, (See Attachment 3e, Site Plan and Elevations included in
Attachment 3B);
Existing landscaping to remain; new landscaping is not proposed with this project;
Security features such as surveillance cameras, alarms, card reader entry, etc.; a six-foot
wrought iron security fence around the site’s North Main Street perimeter, and along the
side lot lines to the top of bank of Gibson Creek closest to the building, with a locked
delivery gate on North Main Street, and pedestrian gate along North State Street frontage,
and on-site security guard.
20-30 retail deliveries per day and one weekly delivery of cannabis for manufacturing are
anticipated with use of one delivery vehicle;
Operations will be staffed with up to 12 employees; with no more than four per shift.
Operating hours for Element 7 Ukiah would be as follows:
Dispensary:
7:00 a.m. to 8:00 a.m. - Opening Procedures (no public access)
9:00 a.m. to 9:00 p.m. – Dispensary Operations
9:00 p.m. to 10:00 p.m. – Closing Procedures (no public access)
Manufacturing:
8:00 a.m. to 8:00 p.m. – Manufacturing Operations
Page 28 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
City of Ukiah Special Conditions
1. No cultivation shall occur on-site. If the applicant wishes to include it at a later date, the
applicant shall contact the Community Development Department to determine which
planning permits are required.
2. No consumption of cannabis or cannabis-related products shall occur on-site.
3. No special events are permitted on-site. If the applicant wishes to hold events, they must
contact the Community Development Department; additional permits or approvals may
be required.
4. Per Section 5704 of the UCC this Use Permit is valid for one-year. Dispensary Use
Permits may be renewed on an annual basis by the Zoning Administrator following the
procedure described in Section 5704 of the UCC. It is the Applicant’s responsibility to
apply for annual renewal 45 days prior to this permit expiring.
5. As outlined in Article 20, Administrational and Procedures, of the Zoning Code this
planning permit may be revoked through the City’s revocation process if the approved
project related to this permit is not being conducted in compliance with these stipulations
and conditions of approval; or if the project is not established within two years of the
effective date of this approval; or if the established use for which the permit was granted
has ceased or has been suspended for 24 consecutive months.
6. Prior to issuance of building permits and commencing operations, the applicant shall
submit proof of State licensure to operate the cannabis related business to the Community
Development Department.
7. Prior to issuance of building permits or commencing operations, the applicant and all
employees shall successfully complete a Live Scan background and provide proof of such
completion.
8. No persons will live on-site. If the applicant wishes to have a live-in manager in the future,
they shall consult with the Planning and Community Development Department and obtain
any necessary permits.
9. The business is required to obtain a City of Ukiah business license prior to occupancy.
10. Address signage for 320 North Main Street shall be removed from the building.
City of Ukiah Standard Conditions
11. This approval is not effective until the 10-day appeal period applicable to this Site
Development Permit has expired without the filing of a timely appeal. If a timely appeal is
filed, the project is subject to the outcome of the appeal and shall be revised as necessary
to comply with any modifications, conditions, or requirements that were imposed as part
of the appeal.
12. All Conditions of Approval shall be printed on all sets of building permit project plans
pertaining to any site preparation work or construction associated with the development
of the multi-family project and ancillary site improvements approved by the Site
Development Permit.
Page 29 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
13. All use, construction and the location thereof, or occupancy, shall conform to the
application and to any supporting documents submitted therewith, including any maps,
sketches, or plot plans accompanying the application or submitted by applicant in support
thereof.
14. Any construction shall comply with the "Standard Specifications" for such type of
construction now existing or which may hereafter be promulgated by the Engineering
Department of the City of Ukiah; except where higher standards are imposed by law, rule,
or regulation or by action of the Planning Commission such standards shall be met.
15. In addition to any particular condition which might be imposed; any construction shall
comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules,
regulations, and ordinances in effect at the time the Building Permit is approved and
issued.
16. Building permits shall be issued within two years after the effective date of the Site
Development Permit or same shall be null and void.
17. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter
7, Signs, of the UCC.
18. The Applicant shall submit verification of all applicable permits or approvals in compliance
with all local, state and federal laws to the Community Development Department prior to
issuance of building permits.
19. All fees associated with the project planning permits and approvals shall be paid in full
prior to occupancy.
20. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning
permit may be revoked through the City’s revocation process if the approved proje ct
related to this Permit is not being conducted in compliance with these stipulations and
conditions of approval; or if the project is not established within two years of the effective
date of this approval; or if the established use for which the permit was granted has ceased
or has been suspended for 24 consecutive months.
Department of Public Works Conditions
21. All work within the public right-of-way shall be performed by a licensed and properly
insured contractor. The contractor shall obtain an encroachment permit for work within this
area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of
estimated construction costs
22. All sidewalks and driveway aprons that front the parcel shall be ADA compliant.
Electric Utility Department Conditions
23. This property will be served from existing underground facilities and a 75kva 3-phase
Transformer that currently serves the building at 441 N. State Street. Should the project
need to upgrade to a larger panel or increase the electric load in the future, please contact
the Electric Utility Office.
Page 30 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
24. In the event that the existing Electric Main Service Panel’s need to be upgraded to a larger
size, applicant shall provide projected load calculations for their project to the Electric
Utility Department.
25. Developer is to provide EUSERC approved electrical equipment compatible with the City
of Ukiah’s EUSERC Acceptability Chart.
26. All future site improvements shall be submitted to the Electric Utility Department for review
and comment. At that time, specific service requirements, service Voltage and developer
costs and requirements will be determined.
27. Developer/customer shall incur all costs of this future project to include (labor, materials,
equipment, and future services).
Building Division Conditions
28. Tenant Improvements (TI) will require a building permit. Please submit building permit
application, four complete plans sets, two wet stamped and signed.
29. The design and construction of all site alterations shall comply with the 2016 California
Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical
Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California
Energy Efficiency Standards, 2016 California Green Building Standards Code and City of
Ukiah Ordinances and Amendments.
Ukiah Police Department Conditions
Prior to Building Permit Final and for the Duration of the Use:
30. The business permittee shall provide the Police Department with the current name and
primary and secondary telephone numbers of at least one 24-hour on-call manager to
address and resolve complaints and to respond to operating problems or concerns
associated with the business.
31. The business permittee shall provide the City with the current name and primary and
secondary telephone numbers of at least one manager to communicate with the
surrounding neighborhoods and businesses. The business shall make good f aith efforts
to encourage neighborhood residents to call this person to solve problems, if any, before
any calls or complaints are made to the City or Police Department.
32. The business permittee shall immediately report to the City Police Department all criminal
activity occurring on the business site.
33. The business permittee shall only manufacture cannabis in a fully enclosed building and
not allow cannabis or cannabis products on the manufacturing site to be visible from the
public right of way, the unsecured areas surrounding the building on the site, or the site’s
main entrance and lobby.
34. Video from the security surveillance cameras must be recording at all times (24 hours a
day, seven days a week) and the recording shall be maintained for at least 90 days. In the
event of a crime on site or anywhere within range of the dispensary’s security cameras,
the dispensary shall provide the Chief of Police with a useable digital copy of the security
video upon request or at the earliest convenience Duration of Use: Security system shall
be equipped with at least 24 hours of continued operation time in case of power failure.
Page 31 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
35. Electronic “point of sale” age verification system is required which scans and authenticates
ID, identifies fake ID’s, records dates and times of transactions, has the ability to create a
“banned patron” list.
36. A copy of all applicable state and local licenses or permits shall be submitted to the City
prior to issuance of permit and prior to operation. All applicable state and local licenses or
permits be displayed in the lobby or waiting area of the main entrance to the building.
37. All perimeter fencing and gates shall be constructed of decorative tubular steel, no climb
type. The six foot wrought iron fencing shall be constructed along the eastern top of bank
of Gibson Creek, and continuing along the side lot lines to and including the frontage along
North Main Street.
38. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen
persons before allowing entry.
39. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being
noted.
40. Report any graffiti to UPD @ 463-6262. After reporting, clean-up/paint over as soon as
possible. Spray on graffiti remover can be purchased at hardware supply stores.
41. Property shall be kept free of debris/garbage.
42. Applicant shall install a “Knox Box” to allow Police Department emergency access to the
interior and exterior areas of the property after hours.
43. Height markers shall be installed on the interior doorways and front door entrance.
44. Building shall be equipped with UL compliant security system including Video Assessment
Surveillance System (VASS), Intrusion Detection System with private security response
and emergency panic alarms. Security system must be monitored by UL listed monitoring
company and installed via a UL certified installer.
45. Any proposed revisions to the approved Security Plan shall be made in writing and subject
to approval.
46. An inspection shall be conducted by the Department in order to confirm compliance with
approved Security Plan prior to building permit final.
Ukiah Valley Fire Authority Conditions
47. All exit doors shall be equipped with lighted exit signage and emergency lighting with a
battery backup.
48. Main entry door must swing in direction of egress travel “out”.
49. Prior to issuance of building permits, the permit holder shall submit the Fire and Safety
Technical Report to the Fire Official for review and approval.
50. New and existing buildings shall have approved address numbers placed in a position to
be plainly legible from the street or road fronting the property, CFC 505.1. Address number
shall be placed on the South facing exterior and East facing wall at corner of main building.
Fire Marshal can verify with contractor.
51. Fire extinguishers shall be required. Fire Marshal can assist with location and number of
required extinguishers.
Page 32 of 259
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
52. Fire sprinkler system shall be maintained and modified as necessary.
53. Carbon Monoxide cylinders must be secured and restricted from falling. Amount of
cylinders shall be verified and properly stored at all times. If stored in a closed room, room
must be vented and alarmed.
54. It is highly recommended that all exits be clearly marked. Means of egress shall be
illuminated when the building space is occupied, CFC 1008.2
55. Exit signs shall be internally or externally illuminated at all times; signs shall be connected
to an emergency power system that provides illumination for not less than 90 minute s in
case of primary power loss. CFC 1013.3 & 1013.6.3.
56. In the event of power supply failure, an emergency electrical system shall automatically
illuminate the means of egress. CFC 1008.3.
57. A “Knox Box” key security safe shall be required, and mounted on the exterior at a location
specified by the Fire Marshal.
58. Emergency contact information shall also be provided to the Fire Department.
Page 33 of 259
Planning Permit Application
PROJECT NAME:
PROJECT ADDRESS/CROSS STREETS: AP NUMBER(S):
APPLICANT/AUTHORIZED AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
APPLICANT/AUTHORIZED AGENT ADDRESS: CITY: STATE/ZIP:
PROPERTY OWNER IF OTHER THAN APPLICANT/AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT CITY: STATE/ZIP:
HAS YOUR PROJECT RECEIVED A PRELIMINARY REVIEW? YES NO
□AIRPORT LAND USE COMM.
DETERMINATION 100.0800.611.003
$ □REZONING
100.0800.611.001
$ □USE PERMIT – AMENDMENT
100.0400.449.001
$
□ANNEXATION
100.0800.611.001
$ □REZONING – PLANNED DISTRICT
100.0800.611.001
$ □USE PERMIT – MAJOR
100.0400.449.001
$
□ APPEAL
100.0400.449.001
$ □SITE DEVELOPMENT PERMIT –
AMENDMENT 100.0400.449.001
$ □USE PERMIT – MINOR
100.0400.449.001
$
□BOUNDARY LINE ADJUSTMENT
100.0800.610.001
$ □SITE DEVELOPMENT PERMIT –
MAJOR 100.0400.449.001
$ □VARIANCE – MAJOR
100.0400.449.001
$
□GENERAL PLAN AMENDMENT
100.0800.611.001
$ □SITE DEVELOPMENT PERMIT –
MINOR 100.0400.449.001
$ □VARIANCE – MINOR
100.0400.449.001
$
□MURAL PERMIT
100.0400.449.001
$ □SPECIFIC/MASTER PLAN
100.0800.611.003
$ □ZONING AMENDMENT – MAP
100.0800.611.001
$
□PRELIMINARY REVIEW (PC)
100.0800.611.003
$ □SUBDIVISION EXCEPTION
100.0800.610.001
$ □ZONING AMENDMENT– TEXT
100.0800.611.001
$
□PRELIMINARY REVIEW (PRC)
100.0800.611.003
$ □ TENTATIVE PARCEL MAP (4 OR
FEWER LOTS) 100.0800.610.001
$ □OTHER $
□PRELIMINARY REVIEW (STAFF)
100.0800.611.003
$ TENTATIVE SUBDIVISION MAP
(5 OR MORE LOTS) 100.0800.610.001
$ □OTHER $
COUNTY CEQA FILING FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MAJOR PERMIT DEPOSIT: $ FILING DATE:
COUNTY CEQA (NEG DEC) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MINOR PERMIT FEE: $ TOTAL AMOUNT PAID: $
COUNTY CEQA (EIR) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ TOTAL FEE: $ RECEIPT NUMBER:
APPLICATION NUMBER(S):
Recommendation: Prior to submitting an application, discuss your project with Staff to discover what fees
(sewer, water, in-lieu park fees, traffic impact fees, etc.) may be required for your project. Also, ask about street tree
requirements, required sidewalk repairs, drainage issues, storm water mitigation requirements, frontage
improvements, etc.
Planning & Community Development Department
300 Seminary Avenue
Ukiah, CA 95482
Email: planning@cityofukiah.com
Web: www.cityofukiah.com
Phone: (707) 463 -6203
Fax: (707) 463-6204
441 NORTH STATE STREET, UKIAH, CA 95482
ELEMENT 7 UKIAH
ELEMENT 7 UKIAH, LLC (424) 285-0088 ROBERT@ELEMENT7.CO
8033 SUNSET BLVD #987 HOLLYWOOD CALIFORNIA 90046
002-186-19-00
Attachment 3a
Page 34 of 259
Project Description
The purpose of the project description is to assist Staff in understanding the project. Providing complete information
will help expedite the project review process and in determining what additional information, if any, related to the
project and required environmental review is required.
Environmental Review and Reports
Please be aware that projects are required to comply with the California Environmental Quality Act (CEQA). Projects
will be reviewed by Staff for compliance with CEQA and Staff will determine the appropriate CEQA document to
prepare for the project (exemption, negative declaration, etc.). In order to make this determination, specific reports
(traffic, arborist, soils, etc.) and or additional information may be required.
Use Information
Please provide the following information related to the use of the site and building:
Description of Building & Site
Parcel Size: Building Size: Number of Floors:
Use of Building (check all that apply) Description Square Footage Number of Units/Suites
□Office (business/professional)
□Office (medical/dental)
□Retail
□Light Industrial
□Residential
□Other:
Operating Characteristics
Days and Hours of Operation:
Number of Shifts: Days and Hours of Shifts:
Number of Employees/Shift:
Loading Facilities: □ Yes □No Type/Vehicle Size:
Deliveries:
□Yes □No
Type: Number (day/week/month): Time(s) of Day:
Outdoor areas associated with use?
(check all that apply)
□Yes □No
Sales area:
□Yes □ No
Square Footage:
Unloading of deliveries:
□Yes □ No
Square Footage:
Storage:
□Yes □ No
Square Footage:
Noise Generating Use? □Yes □No Description:
To Be Completed by Staff
General Plan Designation: Zoning District: Airport Land Use Designation:
City’s Architectural & Historic
Inventory:
□ YES □ NO
Age of Building: Demolition Policy:
Hillside:
□ YES □ NO
Flood Designation FIRM Map: Flood Designation Floodway Map:
Tree Policies
General Plan Open Space Conservation
□ NO □ YES GOAL/POLICY #:
Community Forest Management Plan
□ NO □ YES GOAL/POLICY #:
Landscaping and Streetscape Design Guidelines
□ NO □ YES GUIDELINE #:
Commercial Development Design Guidelines
□ NO □ YES GUIDELINE #:
Tree Protection and Enhancement Policy
□ NO □ YES NOTES:
Tree Planting and Maintenance Policy
□ NO □ YES NOTES:
UCC: Street Tree Policy, Purpose and Intent
□ NO □ YES NOTES:
Other:
Notes
28,276 Sq. Ft.1,872 Sq. Ft.
Manufacturing/Pre-roll equipment
Goods & Supplies
3 Sunday - Saturday (8am-1pm; 12pm-4pm; 3pm-5pm)
RETAIL (Sunday - Saturday; 9am - 9pm); MANUFACTURING (Sunday - Saturday; 8am - 8pm)
RETAIL - 5 EMPLOYEES PER SHIFT; MANUFACTURING - 5 EMPLOYEES PER SHIFT
20-30 per day 8am - 1pm
1,872 288 800
Retail
Nonvolatile Manufacturing
1,872 2
21,872
Page 35 of 259
I,______________________________________________ , owner authorize _____________________________
to act on my behalf for this project and I have read and agree with all of the above. (Application must be signed by
owner).
PROPERTY OWNER SIGNATURE DATE
I, _______________________________________________, am the owner / authorized agent of the property
for which the development is proposed. The above information and attached documents are true and accurate to the
best of my knowledge.
I have read and agree with all of the above.
I hereby authorize employees of the City of Ukiah, the City’s authorized agents, and persons with review or decision
making authority for the project to enter upon the subject property, as necessary, to inspect the premises, post
notices, and process this application.
I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to
fully understand the conditions and ask questions about them before action is taken on my planning permit.
OWNER / AUTHORIZED AGENT DATE
INDEMNIFICATION AGREEMENT
As part of this application, the applicant agrees to defend, indemnify, and hold harmless the City of Ukiah, its agents,
officers, council members, employees, boards, commissions or Council from any claim, action or proceeding brought
against any of the foregoing n individuals or entities, the purpose of which is to attack, set aside, void, or annul any
approval of the application or related decision, or the adoption or certification of any environmental documents or
negative declaration which relates to its approval. This indemnification shall include, but is not limited to, all
damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising
out of it or in connection with the approval of the application or related decision, whether or not there is concurrent,
passive, or active negligence on the part of the City, its agents, officers, council members, employees, boards,
commissions of Council. If for any reason, any portion of this indemnification agreement is held to be void or
unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect.
The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or
outside counsel. The applicant shall not be required to reimburse the City for attorney’s fees incurred by the City
Attorney of the City’s outside counsel if the City chooses to appear and defend itself in the litigation.
I have read and agree to all of the above.
PROPERTY OWNER / AUTHORIZED AGENT
(PLEASE PRINT NAME)
PROPERTY OWNER / AUTHORIZED AGENT DATE
(SIGNATURE)
Revised 02/09/2016
3/26/2019
ROBERT MARTIN DIVITO JR, CEO OF ELEMENT 7 UKIAH, LLC
3/26/2019
ROBERT MARTIN DIVITO JR
ROBERT MARTIN DIVITO JR
3/26/2019
AMBER NORWOOD
Page 36 of 259
A00COVER SHEETVICINITY MAP SATELLITE VIEW
PROPERTY INFORMATION
GOVERNING CODE
SCOPE OF WORKCODE ANALYSIS
SHEET INDEX
APN / PARCEL ID:002-186-19-0
#STORIES: 2
EXISTING PROPERTY TYPE: B - OCCUPANCY
PROFESSIONAL OFFICE
CLASS - C TYPE
CONSTRUCTION TYPE: V-B (WOOD)
NO FIRE SPRINKLERS
ZONE: C1
441 N. Street, Ukiah, CA 95482
PROPOSED PROPERTY DEVELOPMENT
ELEMENT 7 UKIAH LLC
UNITS: ONE FREESTANDING
BUILDING
EXISTING TOTAL BUILDING RENTAL AREA: 1,872 SQ. FT.
YEAR BUILT: 2003
LOT SIZE: 8,276 SQ. FT. (0.19 ACRES)
LOT COVERAGE: 996 / 8,276 = 12 %
ARCHITECTURAL
*A00 COVER SHEET
*A02
EXISTING & PROPOSED SITE PLAN
EXISTING & PROPOSED FLOOR PLANS
*A01
PROJECT
LOCATION PROJECT
LOCATION
This project shall comply with the followings including local amendments:
2016 California Building Code (CBC)
2016 California Mechanical Code (CMC)
2016 California Plumbing Code (CPC)
2016 California Electrical Code (CEC)
2016 California Green Building Standards Code (CGBS)
2016 California Energy Code
2016 California Fire Code (CFC)
2016 California Existing Building Code
The City Code w/ Local Amendments (Latest Edition)
EXISTING 1ST FLOOR W/ FRONT PORCH AREA: 996 SQ. FT.
PROPOSED MIXED OCCUPANCY
W/ NO FIRE SEPARATION:USE GROUP-M, MERCANTILE RETAIL
(MEDICAL MARIJUANA DISPENSARY)
2ND FLOOR PACKAGING
USE GROUP F-1 MODERATE HAZARD
OCCUPANT LOAD FACTOR
REQUIRED & PROPOSED
GRADE FLOOR:60 SQ. FT. GROSS PER PERSON
300 SQ. FT. GROSS PER PERSON FOR
STORAGE, STOCK, SHIPPING
101
STATE ST.PERKINS
S
T
.MAIN ST.CLARA AVE.
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO. DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLEN
EXISTING PROPERTY CONDITION:
*A03 EXISTING & PROPOSED CEILING &
SECURITY PLANS
CHANGING INTERIOR LAYOUT OF AN EXISTING
2-STORY BUILDING TO ACCOMMODATE A NEW
RETAIL OCCUPANCY OF MEDICAL MARIJUANA
DISPENSARY INCLUDING PACKING
09/12/19
Attachment 3b
Page 37 of 259
EXISTING ACCESSIBLE PARKING
SPACE W/ INTERNATIONAL SYMBOL
OF ACCESSIBILITY AND ACCESS AISLE
GI
B
S
O
N
C
R
E
E
K
E
X
I
S
T
I
N
G
B
R
I
D
G
E
W
/
W
O
O
D
D
E
C
K
&
G
U
A
R
D
R
A
I
L
S
O
N
B
O
T
H
S
I
D
E
S
EXISTING
DRIVEWAY
EXISTING
PARKING
SPACES
E
X
I
S
T
I
N
G
A
C
C
E
S
S
I
B
L
E
P
A
T
H
O
F
T
R
A
V
E
L
O
N
5'-
0
"
W
I
D
E
C
O
N
C
R
E
T
E
W
A
L
K
&
W
O
O
D
D
E
C
K
EXISTING CONDENSING UNIT
EXISTING
PARKING
LOT
EXISTING LANDSCAPING (TOTAL AREA 3,848 SQ. FT.)
EXISTING SHRUB
PROVIDE A NEW
VAN ACCESSIBLE
PARKING SIGN
EXISTING
HARDSCAPE
EXISTING WOOD
DECK W/ CURBS
ON BOTH SIDES
EXISTING ACCESSIBLE PATH
OF TRAVEL FROM PARKING ON
4'-0" WIDE CONCRETE WALKPATIENTENTRANCE EMPLOYEEENTRANCE30'-5" APPROX.11'-0" APPROX.8'-0"TOTAL BLDG. AREA
1,872 SQ. FT.
EXISTING
STAIRS W/
GUARDRAIL
EXISTING WOOD FENCE TO BE REMOVED
NOT IN SCOPE
NEW
MOTION
SENSOR
(4 CORNERS)NOTE #4NOTE #2
NEW LOADING ZONE
PLAN NOTES:
THE FOLLOWING NOTES ARE PER APPROVED SECURITY PLAN DATED 7-31-19
BY THE CITY OF UKIAH. ALSO, MORE INFORMATION IS ADDED;
1. PROVIDE 6'-0" HIGH BLACK WROUGHT IRON FENCING AROUND THE
PROPERTY LINES WITH ELECTRONIC CONTROLLED SECURITY GATES AT
DRIVEWAY FACING MAIN STREET AND LOOP AROUND BEFORE CREEK W/
MAN DOOR FACING STATE STREET. SECURITY GATES TO REMAIN LOCKED
DURING LOADING/UNLOADING OF CANNABIS AND CANNABIS GOODS.
2. NEW SECURITY FLOOD LIGHT AT 4 BUILDING CORNERS; EXTERIOR GRADE
FLOOD LED LIGHT, LITHONIA MODEL, CONTOUR SERIES, OUTDOOR TFL
APPROX. 10'-0" AFF @ 45-DEGREE ANGLE
3. SEE SHEET A03 FOR ADDITIONAL EXTERIOR BUILDING LIGHTING.
4. PROVIDE NEW WALL SIGNS FACING MAIN AND STATE STREETS.
(DEFERRED SUBMITTAL).
5. CANNABIS TRASH IS LOCATED INSIDE THE BUILDING IN SECURED AREA.
X X X X X X X X X X
XXXXXXXXX XXXNOTE #1
NOTE #1
NOTE #1
NOTE #1
NOTE #1NOTE #4NOTE #5
XXXXX X X
NEW FENCE LIMIT PER NOTE#1
EXISTING WOOD FENCE TO RMAIN
NEW FENCE LIMIT PER NOTE#1 NEW FENCE LIMIT PER NOTE#1A01EXISTING & PROPOSEDSITE PLANN
12/04/19
1/16"=1'-0"
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO. DATEPROJECTProposed Property Development11/05/19LICENSEAPPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLESHEET SIZE 11X1711/25/1912/04/19This page was updated on 1/6/2020.
Page 38 of 259
A02
09/12/19EXISTING & PROPOSEDFLOOR PLANS1/8"=1'-0"
N
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO.DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLEUNISEX
TOILET
EXISTING 1ST FLOOR PLAN
EXISTING 2ND FLOOR PLAN
DN
UP
UP
UNISEX
TOILET
1ST FLOOR HVAC
FAU ZONE 1
WATER HEATER
STRUCTURAL WALLS
ATTIC LADDER
TO 2ND FLOOR
HVAC FAU ZONE 2
UNISEX
TOILET
PROPOSED 1ST FLOOR PLAN
PROPOSED 2ND FLOOR PLAN
DN
UP
EXISTING 1ST FLOOR
HVAC FAU ZONE 1
UP
EXISTING
UNISEX
TOILET
EXISTING WATER HEATER
EXISTING ATTIC LADDER
TO 2ND FLOOR HVAC
FAU ZONE 2
HOLISTIC
RETREATSECURITY
POS
34"
HIGH STORAGE
PATIENT
ENTRY
EMPLOYEEENTRYOFFICE
EXISTING
BREAK RM
VAULT
PACKING
DISPATCH
SAFE
D126'-0"36'-0"26'-0"D2
D5
D6
D7
D3
D4
STOR.
EXISTING FULLY ACCESSIBLE TOILET
E7
LEARNING
CENTEREXISTING
COVERED
PORCH
10'-0"EXISTING
GUARDRAIL
6'-0"
HALL
RECEPTION
RETAIL
9'x10'
13'-9"x10'14'x10'
LEGEND:
D1
NEW 2X4 STUD WALL 16" O.C. W/ 5/8" GYPSUM
& ACCESSIBLE SOLID WOOD DOOR / FRAME /
LEVER HARDWARE / CLOSER
ACCESSIBLE PATH OF TRAVEL TO EXIT
FROM THE MOST REMOTE POINT
EXISTING WALL & DOOR
EXISTING 2X4 STUD STRUCTURAL WALL
EXISTING WINDOW W/
DUAL GLAZING (TYPICAL)
14'-1 1/2"9'-11 1/2"13'-9 1/2"9'-11 1/2"10'-7 1/2"3'-6"3'-7"7'-1"
19'-9 1/2"8'-1"6'-3 1/2"6'-2"9'-7"
36'-0"
14'-0 1/2"14'-4 1/2"6'-7"
7'-11"7'-2"5'-0"4'-8 1/2"12'-3 1/2"12'-3 1/2"5'-8 1/4"6'-9"
28'-3 1/2"
9'-0"
8'-9"6'-10 1/2"3'-7"4'-0"4'-0"
5'-0"
Page 39 of 259
A03EXISTING & PROPOSEDCEILING & SECURITY PLANSN SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO.DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLE09/12/19
1/8"=1'-0"
UNISEX
TOILET
EXISTING & PROPOSED
1ST FLOOR CEILING PLAN
EXISTING & PROPOSED
2ND FLOOR CEILING PLAN
EXISTING 1ST FLOOR
HVAC FAU ZONE 1
UNISEX
TOILET
HOLISTIC
RETREAT
SECURITY
POS
STORAGE
OFFICE
VAULT
PACKING
DISPATCH
STOR.
+7'-8"
+7'-8"+9'-0"
+7'-8"+9'-0"
STAIRWELL
+9'-0"
+9'-0"
+9'-0"
+7'-8"
NEW 1'x4' LED LIGHT
FIXTURE (TYPICAL)
EXISTING LIGHT
FIXTURE (TYPICAL)
+9'-0"
BREAK RM.
EXISTING EXHAUST FAN
EXISTING EXHAUST FAN
EXISTING EXTERIOR
LIGHT FIXTURE
(TYPICAL)
EXISTING SUPPLY
AIR DIFFUSER
(TYPICAL)EXITILLUMINATED
EXIT SIGN
(TYPICAL)
SUPPLY AIR WALL
DIFFUSER (TYPICAL)
UNISEX
TOILET
PROPOSED 1ST FLOOR
SECURITY CAMERA PLAN
UNISEX
TOILET
HOLISTIC
RETREAT
SECURITY
POS
STORAGE
OFFICE
VAULT
PACKING
DISPATCH
STOR.
STAIRWELL
BREAK RM.
PROPOSED 2ND FLOOR
SECURITY CAMERA PLAN
RECEPTION
HALL
RETURN
AIR WALL
DIFFUSER
(TYPICAL)
CEILING
HEIGHT
(TYPICAL)
NEW SECURITY
CAMERA (TYPICAL)
+8'-0"+8'-0"
+8'-0"
+8'-0"
NEW EXTERIOR SECURITY
CAMERA (TYPICAL)EXITEXITEXIT EXIT+8'-0"
NEW RECESSED
LED DOWNLIGHT
Page 40 of 259
COMMERCI AL CANNABI S
L I C E NS E A P P L I C A T I O N
CITY OF UKIAH
CANNABIS DISPENSARY &
MANUFACTURING M-TYPE (MEDICAL) AND
A-TYPE (ADULT-USE) LICENSES
ELEMENT 7 UKIAH LLC
www.element7.co
WWW.ELEMENT7.CO
Attachment 3c
Page 41 of 259
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
ODOR MANAGEMENT AND CONTROL PLAN
Introduction
We will take active measures to eliminate any cannabis odor that may potentially
emanate from the Facility to mitigate disturbances to local businesses and residents.
There are several industry best-practices that we will install into our Facility to ensure
that the air poses zero health risks to any employee or customer, or the surrounding
businesses.
POLICY NAME AIR MITIGATION / ODOR CONTROL POLICY
APPLICABLE LAW
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE
To ensure that the Element 7 facility remains in compliance with
the City of Ukiah rules and regulations, as it relates to preventing
odors generated from cannabis or cannabis products being
detected from outside of the facility.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES
Air Mitigation / Odor Control Policy
- Polarized Filters with Activated Carbon Inserts
- Carbon Scrubbers
- Ozone Generators
- Electrostatic Air Cleaners
Page 42 of 259
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
SOP PROCEDURES
(CONTINUED)
- MERV-13 Filters
- Air Curtains
- Circulation Fans
- Air Quality Enhancing Plants
- Ecosorb CNB100
- Odor Management Services
- Summary
Polarized Filters with Activated Carbon Inserts
We will be using polarized media filters with activated carbon insert pads to provide
a medical-grade air quality to the Facility. Polarized media filters utilize
electromagnetic polarization to maximize the collection of dust and pollutants in the
air, which increases the effectiveness of air filtration and odor control. The carbon
pads provide an additional layer of odor removal, providing maximum efficiency
and benefit. Upgrading filters are relatively inexpensive, and the costs are heavily
offset by the reduced labor and cost of replacing those filters less frequently. These
technologies are utilized by hospitals, laboratories and other clean facilities around
the world and are an excellent option for cannabis facilities.
Carbon Scrubbers
We will use activated carbon scrubbers in the storage rooms where the highest
concentration of products is located. These types of filters use pelletized granule
carbon to remove odor, dust, and pollutants from the air and can be used as a
standing unit in a space or as an exhaust filter. Just like the carbon in the air filters
mentioned previously, these pellets remove dust, odor, and other pollutants through
the air as it passes through the filter.
Ozone Generators
Ozone generators use ultraviolet bulbs or corona discharge (an electrical discharge)
to produce ozone gas that works on a molecular level to eliminate virtually all odor,
molds, mildews and bacteria – we will use these in the waste area and storage
room. Ozone can be used safely and efficiently by utilizing generators that fit directly
into your exhaust lines. This is one of the most effective methods for removing odors
in the exhaust system.
Any air that is emitted from the dispensary is dual-filtered through HEPA and
charcoal filters to ensure clean, odor-free air.
Strict cleaning and sanitizing procedures are part of the standard operating
procedures for all operations in the Dispensary Facility. Product-contact surfaces will
be cleaned before and after operations and between shift changes. Additionally,
surfaces are cleaned after contact with potentially hazardous items. Employees
must wash their hands with warm water and antibacterial soap after eating or using
the restroom before returning to operational areas.
Operational areas will be easy to clean and maintain by using appropriate, durable
finishes for each functional space; careful detailing of finishes to avoid hard-to-clean
crevices; adequate and appropriately located maintenance spaces; and
incorporation of antimicrobial surfaces.
Page 43 of 259
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
Electrostatic Air Cleaners
Electrostatic air cleaners (sometimes known as electrostatic precipitators) are highly
efficient filtration devices that use electrostatic attraction to remove fine particulate
matter such as dust and cigarette smoke from the air.
Electrostatic air cleaners ionize (or electrically charge) particles as incoming air is
drawn over an electronic cell. The charged particles are then attracted to and
trapped by a series of flat collector plates that are oppositely charged, with the
particles literally 'sticking' to the collection plates until they are manually removed.
MERV-13 Filters
The true measure of any air purifier’s efficiency is the MERV rating assigned to it. This
is the Minimum Efficiency Reporting Value, and this value is indicative of the
technology’s ability to trap particles in a variety of sizes.
Element 7 will use MERV-13 Filters. Anything above a 13 MERV Rating is considered to
be a High-Efficiency Particulate Arrestance (HEPA) Filter, often used for hospitals and
scientific research lab applications.
A filter with a MERV rating of 13 captures particles greater than 0.3 micrometers. This
includes bacteria, droplets from sneezing, smoke, and most other sources of
pollution. This level of filtration is used in patient and surgery areas of hospitals.
Air Curtains
An air curtain, also known as an 'air door', employs a controlled stream of air aimed
across an opening to create an air seal. This seal separates different environments
while allowing a smooth, uninterrupted flow of traffic and unobstructed vision
through the opening. Because air curtains help to contain heated or conditioned
air, they provide sizable energy savings and increased personal comfort when
applied in industrial or commercial settings. Air curtains also help to stop the
infiltration of pollutants and flying insects.
Air Curtains are used for a number of functions by Element 7:
Page 44 of 259
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
● Energy efficiencies through control of air transfer
● Energy efficiencies due to shorter run times of air handler or compressor
● Maintain employee/customer comfort
● Reduce flying insect infiltration
● Unhindered traffic flow
● Unobstructed visibility across the threshold
● Increase productivity due to stable temperatures
● Maintain usable space around the door
● Elimination of ice and fog in cold storage areas
Circulation Fans
Air circulators and air cannons move air indoor and outdoors for a variety of tasks,
such as cooling workers, animals, and equipment, drying surfaces, and exchanging
stale air with fresh air. They have a motor-operated fan blade that turns to move air.
Air circulator fans and air cannons can be wall mounted, ceiling mounted, or floor
standing.
Air Quality Enhancing Plants
NASA has been studying the effects of plants on air quality for about twenty-years
and their research confirms: common houseplants are natural air purifiers.
While the original research was aimed at finding ways to purify the air for extended
stays in orbiting space stations, the findings are important for us on Earth as well. The
following plants are documented as being especially good at improving indoor air
quality and will be used within the interior design of Element 7's facilities:
● Aloe Vera
● Bamboo Palm
● Peace Lily
● Spider Plant
● Parlor Palm
● Red Emerald Philodendron
● Gerbera Daisy
Ecosorb CNB100
Element 7 will use Ecosorb CNB100, a proprietary formulation of several essential oils
and food grade surfactants used as an alternative in many applications to the
traditional forms of odor control. It is most often applied via atomization where it
attracts whatever is in the atmosphere, removing odors quickly. In the cannabis
industry, Ecosorb CNB100 will remove all cannabinoids, terpenes and sesquiterpenes.
Ecosorb products do not contain harsh chemicals or synthetic fragrances. They are
safe for use around people and animals. The distribution of Ecosorb requires no
added water, thanks to advanced Vapor Phase technology.
Odor Management Services
Element 7 will retain the services of a 3rd party pest and odor management
professional. This professional will perform inspections to identify sanitation, structural,
and storage efficiency options and make recommendations to Element 7 for any
adjustments or improvements.
Page 45 of 259
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
Summary
Early planning is the key to effective odor control for cannabis operations. Element 7
will use a matrix approach to controlling odor - leveraging both mechanical means
to control odors, as well as filters, scrubbers, plant-based solutions, air curtains, food
grade surfactants and professional third-party consultants.
Page 46 of 259
PROJECT DESCRIPTION
LIST OF USES – LICENSE APPLICATION TYPES
A detailed description, along with Standard Operating Procedures for each license
type that Element 7 is applying for precedes this section. Element 7 is applying for
the following Licenses from the City of Ukiah:
• A-Type 10 – Retail (Storefront with Delivery)
• M-Type 10 – Retail (Storefront with Delivery)
• A-Type 6 – Manufacturer (Nonvolatile)
• M-Type 6 – Manufacturer (Nonvolatile)
*At the time of our initial application submittal, the City only offered Medical Use
Licenses which is why our materials focus on “patient” and “primary caregiver”
language. We have now been informed that the City will now allow Adult-Use, as
such we intend to a pursue both Medical and Adult-Use license types in the City of
Ukiah.
Page 47 of 259
ELEMENT 7: ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES
ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES
This Document and all Standard Operating Procedures adopted by Element 7 Ukiah
LLC will conform to the following pieces of legislation, policy and other directives:
• MAUCRSA – Medical Cannabis Regulation and Safety Act (June 27, 2017): This
Act (also known as Senate Bill 94) creates the general framework for the
regulation of commercial medicinal cannabis in California. Dr. An-Chi Tsou on
our team is one of the principal policy makers on this document.
• State of California Regulations (January 2019): The Office of Administrative Law
(OAL) officially approved state regulations for cannabis businesses across the
supply chain. Drafted by the Bureau of Cannabis Control (BCC), these final
regulations provide the formal law for the governance and management of
cannabis operations in the State of California.
• Ukiah City Code
• Any directives and issuances from California's three cannabis governing
bodies - Bureau of Cannabis Control (BCC), Department of Food & Agriculture
(CDFA) and California Department of Public Health, including:
Bureau of Cannabis Control Guidance
o BCC Disciplinary Guidelines
o Transportation Procedures (Form BCC-LIC-015)
o Non-Laboratory Quality Control Procedures (Form BCC-LIC-017)
o Security Procedures (Form BCC-LIC-018)
o Delivery Procedures (Form BCC-LIC-020)
o Sampling Procedures (Form BCC-LIC-021)
o Sampling Preparation Procedures (Form BCC-LIC-022)
o Data Package Cover Page and Checklist (Form BCC-LIC-024)
o CEQA Exemption Petition (Form BCC-LIC-025)
o CEQA Project-Specific Information (Form BCC-LIC-026)
o Bureau Notification and Request (Form BCC-LIC-027)
o Poison Prevention Packaging Act of 1970 Regulations (Revised July, 1995)
California Department of Food and Agriculture Approved Regulations
o Final Approved Regulation Text (January 16, 2019)
California Department of Health Approved Regulations
o Approved CDPH Regulations for Cannabis
Page 48 of 259
Attachment 3d
Page 49 of 259
COMMERCI AL CANNABI S
L I C E NS E A P P L I C A T I O N
CITY OF UKIAH
CANNABIS DISPENSARY &
MANUFACTURING M-TYPE (MEDICAL) AND
A-TYPE (ADULT-USE) LICENSES
ELEMENT 7 UKIAH LLC
www.element7.co
WWW.ELEMENT7.CO
Attachment 3e
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DISPENSARY OPERATING PLAN
Introduction
Element 7 is seeking approval to operate a Medical and Adult-Use Cannabis
Dispensary (with Delivery) in Ukiah that will service approximately 100 patients and
customers a day.
We Deliver a Unique and Fresh Retail Concept
Element 7 is holistic wellness. Cannabis consumers are looking for a more holistic
healing, health, and wellness brand that focuses on the body, mind, soul, and spirit.
When a patron enters the facility, they will be held in the E7 Learning Center and
Reception Area which has a security door controlling entry into the Retail area.
Once a patron has been checked-in, he/she will be allowed entrance into the Retail
Area in which they will be met by an Element 7 Budtender who will assist the patron
throughout their time in the Retail area. The facility will be constructed using state-of-
the-art commercial-grade doors with interior access controls, surveillance cameras,
and alarms exceeding the requirements imposed by the State Departments. All
entrances into the facility will always be locked, with entry controlled by the facility’s
security team.
The Element 7 brand aims to provide quality at an affordable price, allowing
customers an immersive retail experience in a secure, relaxed, enjoyable and
aesthetically pleasing environment. The focus of our dispensary is our E7 Learning
Zone which is a 200 sq. ft dedicated space focused on first-time patients/customers
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(pictured below). This is where they can engage with dedicated Element 7 staff that
will walk these customers through their first purchasing experience using touch-
screen technology and interactive learning videos that describe and demonstrate
cannabis.
Our Holistic Retreat offers micro-treatments designed for busy working professionals
who are time poor and who could truly benefit from any of our 5 to 7-minute
therapies and mini-treatments infused with plant-based ingredients (non-cannabis
infused). These treatments will be delivered by qualified holistic wellness and
therapeutic professionals and are quick and cost-effective.
Our BudTenders and BudMasters are among the highest trained and most skilled in
the industry. Staff will undergo at least 80-hours of classroom-based training before
working within our retail outlet - that's five times the industry average (BDS Analytics
reports that most retail staff in the industry receive up to 16 hours of training). Our
BudMasters have over 200 hours of classroom-based training behind them, and
hundreds more working on our retail floor.
Element 7's Flower Product Wall is like none other than we have seen in dispensaries
in North America. We have created an interactive wall of cannabis flower with
products segmented into their types (sativa, indica, and hybrid) so that consumers
can easily search for and purchase cannabis products based on the emotional
need-state they are looking to satisfy - playfulness and euphoria with sativa strains;
serenity, relaxation, and calming with indica strains; and, socialism and creativity
with hybrid strains.
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Dispensary Operations
All patients will require a State ID to enter the Facility and must be 18 years of age
and have a valid physician’s recommendation for medicinal cannabis, and
individuals who are at least 21 years of age. Once inside, new customers will be
required to register with the Facility and be offered the opportunity to join our
Mailing List for further information and news. They will also be educated through the
sign-up process on the potency and effects of cannabis.
Once inside the Dispensary, a range of shopping options from quick-serve grab-and-
go, through to customized shopping guidance will be available. A range of
products including flower, oils, edibles, topicals and lotions, and other products, all
from State-Licensed Distributors will be available. We would look to price and push
locally manufactured products over those from other Cities / Operators as this is
good for business and good for the City from a tax perspective.
Customers will be able to order in-store or through our APP or Responsive Website
(which adapts itself to the customer viewing environment – phone, tablet or desktop
computer) – first time users will be ID verified and then required to run through a 3-
screen educational component educating them on cannabis potency, absorption
and effects. They will then have the option of selecting a range of cannabis
products and being able to use our ‘pick-and-go’ service at the Retail Outlet which
streamlines the purchase journey with the retail outlet.
Management Model
Element 7's operations plan is rooted in compliance and customer satisfaction. Led
by the Dispensary Manager, using industry best practices, day to day operations will
divide the dispensary’s workforce according to different operational tasks, including
reception and customer management, patient consultation, retail management,
security, facility management, merchandising and inventory tracking.
Day to day operations will be overseen by Robert DiVito, as General Manager for
the Facility, and a Head of Retail / Dispensary Manager that will be sourced from the
local community and ideally has previous cannabis retail experience and other
adjacent retail experience in the liquor, pharmaceutical, hospitality, or other
regulated industries.
Dispensary Management
● A Dispensary Manager and Dispensary Assistant Manager will oversee sales,
inventory tracking, ordering, and all other day-to-day operations within the
dispensary. The Dispensary Assistant Manager will set up daily specials and
create bundle packages. Dispensary Assistant Managers will act as a second
level of expertise for customers beyond Dispensary Technicians. When a
Dispensary Technician is unable to answer a specific health and wellness
question, application of cannabis, or company procedure, they will alert the
Dispensary Assistant Manager for help.
● Dispensary Assistant Managers will have access to inventory controls to
enable them to reconcile inventory levels, fix user-errors in the point of sale
system, and purchase order bulk product into business management
platforms. Dispensary Assistant Managers will respond to inquiries sent to
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Element 7’s general information email address, oversee customer
membership rewards / discounts, and reach out to vendors for purchasing
wholesale flower and infused products.
● The Dispensary Assistant Manager will keep records for active inventory and
back stock and report discrepancies to the Dispensary Manager. At the end
of each business day, the Dispensary Assistant Manager will review the
inventory reconciliation log prepared by the Dispensary Technician. The
Dispensary Assistant Manager will then investigate discrepancies in physical
and digital inventory levels. To ensure accuracy of records, the FlowHub
platform will be reviewed on a daily basis by Element 7' Compliance
department.
● The Dispensary Manager will be an expert in cannabis, its application for
qualifying conditions, sales strategies, and customer service. The Dispensary
Manager will oversee the daily operation of the dispensary. The Dispensary
Manager will review all inventory reports and serve as the contact point for
city officials, law enforcement officers, and state regulators. The Dispensary
Manager will review daily inventory reports and any flagged items with
irreconcilable discrepancies.
● As a best practice, the Dispensary Manager will report discrepancies in
inventory to the City Chief of Police along with a description of the incident,
probable causes, and with an explanation that the event did not occur
because of unlawful diversion. Conversely, the Dispensary Manager will also
handle reporting thefts and suspicious behavior to the City Chief of Police.
The Dispensary Manager will schedule inspections, building maintenance,
and work in coordination with the Facilities Manager, Heads of Security and
Compliance, to ensure the dispensary is in good operational condition.
● The Dispensary Manager will hire employees to staff the dispensary and keep
90-day performance reviews for all employees. The Dispensary Manager will
train employees on operations best practices and all company policies. As a
resource for all dispensary employees, the Dispensary Manager will schedule
employee work shifts and relay pertinent employment matters to the HR
Director.
● The Dispensary Manager will manage daily finance operations within the
dispensary, and they will have exclusive access to the depository safe. As part
of opening duties, the Dispensary Manager will count cash and other
applicable payment receipts compiled from the previous day’s operation.
The Dispensary Manager will coordinate cash management services,
including scheduling deposit pick-ups from a cash services company.
● As part of that process, Dispensary Managers will keep a manual deposit log.
When the cash service provider enters the facility, the Dispensary Manager
will prompt the representative to sign the log to verify the total deposit
amount. The Dispensary Manager will keep money to be deposited in
tamper-evident envelopes, then place the envelopes in puncture-proof,
lockable bank bags. As an added precaution, only Dispensary Managers will
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transfer money to cash service providers. The Dispensary Manager will report
deposits to Element 7’s financial manager, who will integrate data into sales
performance reports and budget forecasts.
● As a best practice, the Dispensary Manager, financial manager and head of
operations will remain in constant contact to ensure the financial
sustainability of dispensary operations.
BudTenders
● Element 7 will prepare dispensary staff to accommodate all cannabis
customers. Element 7 is a full-service store, where customers could
conveniently access professional, attentive BudTenders and superior-quality
cannabis. BudTenders will have knowledge of strains, infused products, and
services that may help customers treat qualifying conditions. In addition to
providing face-to-face consultations, BudTenders will navigate electronic
data systems and manual logs to ensure all inventory is traceable and
accounted for at all times.
● BudTenders will greet each customer by their preferred name, in a kind,
inviting voice and with a pleasant attitude. After a friendly greeting,
BudTenders will invite customers to express what brought them in for their visit.
Some customers will eagerly express their motivation: the symptoms they
experience, what products work, the potency they require, and at a
specified price. Others will be more hesitant to reveal their condition, their
experience (or lack thereof) with cannabis, or what they can expect to pay
for cannabis products. Some may appear in good health, while others may
clearly be suffering. As a best practice, BudTenders will quickly identify the
appropriate tone of conversation for each customer. They will accomplish this
by first asking, “Is this your first time in?” If so, the technician will recite a brief
introduction to the company.
● Element 7 will be education-driven, and BudTenders will have a wealth of
medical research, handouts, blogs, and publications on hand to best inform
customers of the benefits and risks of cannabis. Technicians will answer all
inquiries to the best of their ability, and when questions are outside their
scope of knowledge, they will approach a manager to best accommodate
the customer’s request.
● BudTenders will keep active inventory away from back stock and organize
active inventory in a way that is accessible and easy to navigate. Each
BudTender will have a personal workspace that will include: a cash register
and computer. When a customer selects a product, the BudTenders will write
the order down. Then, the technician will search the inventory database for
the requested product. The inventory tracking system will show the location of
the product (active inventory or back stock). The BudTender will excuse
himself or herself from the conversation to find the product. Upon returning
with the product, the BudTender will ask the customer if they have any
questions relating to applying or consuming it. To prevent diversion, the
BudTender will place products out of the reach of customers while retrieving
more products.
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● When the BudTender completely fulfills the order, they will prompt the
customer for payment. After payment is processed, the BudTender will offer a
receipt. Then, before saying goodbye to the customer, BudTenders will invite
customers to write a review of their experience on various social media
accounts and mapping websites.
● BudTender opening duties will include preparing dispensing workspaces,
turning on all computers, lights, and digital scales, setting up display shelves,
ensuring adequate supply of active inventory, creating digital menus, and
familiarizing with daily specials. At the end of each business day, BudTenders
closing duties will include: closing cash registers, dropping deposits into the
depository safe, reporting total sales to the Dispensary Assistant Manager,
placing product in the storage vault, cleaning the service room and other
limited access areas, logging out of business management platforms,
counting merchandise, and turning off applicable electronics.
Receptionist
• The Receptionist is the first point of contact that patients, primary caregivers
and customers will have with Element 7. The Dispensary Receptionist will have
a thorough knowledge of California state laws and the Ukiah City Code to
best respond to all patient and customer inquiries. The Dispensary
Receptionist will keep patient and customer identification data in a secure
data management platform that will be stored in a secure off-site server.
• Element 7 will use industry best practices to best ensure Dispensary
Receptionist job tasks are done in a compliant, timely, and effective manner.
• The Dispensary Receptionist will greet patients, caregivers, and visitors as they
enter the dispensary, verify their identities, add patients, primary caregivers
and customers in the queue, grant patients, primary caregivers and
customers’ access to the retail sales outlet and manage the waiting room.
• As a liaison for patients, primary caregivers and customers, the Dispensary
Receptionist’s foremost job duty is communicating information about the
company and its products. Receptionists will have digital and physical menus
around workspaces to quickly reference product availability and pricing
information, and they will keep reception areas free of clutter.
• Receptionists will verify medical recommendations for patients are correct
and up-to-date, and have a valid State ID. They will also share with each
patient Element 7’s policy about patient and customer privacy and how to
communicate to patients, caregivers and primary caregivers what
information is shared with regulatory officials.
• Receptionists will convey this information in the form of patient and customer
agreement forms, which the Receptionist will require each patient to sign
before serving them. Patient agreement forms will include provisions that
explain the consequences for falsifying medical or personal information.
Patients, primary caregivers and customers must agree to abide by all state
and city regulations while on Element 7's premises.
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• Patients, primary caregivers and customers will only complete one
agreement form and the Receptionist will log credentials into a secure digital
network. Receptionists will encourage all patients, primary caregivers and
customers to include a phone number on their patient and customer
agreement form to best reach them in case of emergency, or product recall.
• Receptionists will promptly enter contact information into business
management platforms then file physical documents in a secure document
storage area. Receptionists will access secure filing cabinets and use them to
store completed patient and customer agreement forms. Before filing, the
Receptionist will check the patient and customer agreement form for
complete information, thus ensuring every patient and customer is aware of
company polices before being served. To protect privacy, Receptionists will
logout of all management networks before leaving the reception area.
• Receptionists will not let individuals under the age of 21 into the dispensary,
nor will they dispense medical cannabis from reception areas. Patients must
be 18 years of age and have a valid physician’s recommendation for
medicinal cannabis, and individuals who are at least 21 years of age.
• Receptionists will be proficient in data entry and word processing. When the
dispensary has announcements on menu availability, changes in prices, or
special events (e.g. holidays, road construction, or emergencies),
Receptionists will prepare statements for release on social media and on
printouts. Receptionists will use spreadsheet software to log non-sensitive
customer information, including contact information, product preferences,
customer “goes-by” names, membership status, birthdays (for deals), and
text/email list preferences. To further protect privacy, Element 7 will position
any Receptionist workspaces and computer screens to block passers-by from
seeing information.
• Receptionists will assist with the daily cleaning of the dispensary. They will
keep personal workspaces tidy and will maintain the waiting room and
common areas (bathrooms and offices). Periodically throughout the day,
Receptionists will prepare coffee and snacks for waiting customers, straighten
furniture, disinfect surfaces, and remove waste/recycling from common
areas. As part of end-of-day procedures, Receptionists will enter all
outstanding customer data created throughout the business day into business
management platforms. Before leaving the facility, Receptionists will file all
paperwork, log out of all digital communication networks, clean work areas,
and turn off applicable electronics.
Enhanced Retail Experience
The Facility will have full climate-control systems installed. Within the main retail area
of the Facility, the front-entry doors will be motion-controlled, closing within 5-
seconds of opening.
Ambient room temperature will be managed and maintained with ceiling-mounted
air-conditioners that allow the temperature to remain at a steady temperature of 68
degrees Fahrenheit, a temperature that studies (Engbrocks, Stephanie. The Impact
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of Temperature on a Consumer’s Shopping Experience, 2008), have found that
consumers prefer while shopping in a retail outlet.
Ceiling-mounted air conditioners will also ensure that air circulates through the store
so that the store doesn’t become stale or too humid on wet summer days.
Element 7 is cognizant of the fact that climate-control systems are important for the
overall shopping experience of the customer.
Storage-areas will be fully climate controlled to ensure that product is stored at the
optimal temperature for product safety and shelf-life management.
Customer Flow Management: Internal Space
In order for the Dispensary to be successful and build a loyal customer base, it is vital
that we have a robust plan in place to acquire, retain, and reward customers, as
well as managing customer flow and traffic within the store at peak times.
With a potential customer base of approximately 5,000 cannabis consumers living
with 10-miles of the Dispensary, Element 7 knows it would see approximately 100
customers a day (10-20 customers per hour).
Two key aspects we keep in mind when managing this daily customer base are:
● Implementing the optimal dispensary layout for revenue management and
maximization, and
● Understanding customer flow to deliver the best customer experience.
Both of these points are essential in allowing us to keep a flow of customers moving
through the dispensary, and avoid customers lingering outside the facility.
With our dispensary occupying 1,500 square feet (70% of this is dedicated to retail
floor space), we would have a maximum occupancy of 35 customers at any one
time (based on the California Building Code for Retail Sales Stores on Basement or
Ground Levels at 30 square feet per customer). With a 50% load factor applied to
this (for customer comfort), we would have a maximum desired occupancy of 17
customers at any one time.
With an average customer visit time of 5 minutes, the store could handle a maximum
of 210 customers an hour. With an estimate of 100 customers a day, and operations
from 8am to 9pm (13 hours), we do not forecast any significant issues with customer
flow within the store.
Store Layout to Assist Customer Flow
Based on our experience with our other dispensaries, we monitor the number and
patterns of customers at our various locations via closed-circuit television and
analyzing purchase data information via Flowhub.
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Our goal is to keep our customers excited about visiting our dispensary, and we will
keep this excitement going by constantly introducing new products, strains,
educational classes and exclusive merchandise. As such, promotions will be located
in the dispensary’s high traffic areas, and high-profit products will be staggered in
busy areas or the dispensary and high demand items will be in low traffic areas, such
as at the back of our dispensary allowing us to draw customers all the way through
the dispensary.
Element 7’s free-flowing layout will allow us to strategically group products,
merchandise and other items throughout the store in a free-flowing pattern, allowing
the customer to enjoy the space, while at the same time constantly noticing our
placement of products.
Parking Management
The current location allots for street parking in which our customers can use as
spaces are available—the site has excellent proximity to public transport (buses and
trains) and freeways. Customers will enter into the facility by walking down the
concrete pedestrian walkway which leads to our facility. We have proposed to use
the four (4) street parking spaces (as available) in which patrons would enter on
North School Street.
Site Management Plan
The Standard Operating Procedures for the Management of the Premises include for
the daily inspection of the outer area of the building for trash, graffiti and any other
unsightly issues. Any dumped trash or litter will be collected and placed into Element
7’s dumpster for collection by the City Council, and any graffiti will immediately be
removed by re-painting.
The responsibility of daily inspections will be assigned to the General Manager who
will open the premises each day.
A selection of paints and paint brushes will be stored on site to rectify any issues. The
interior of the building will also be inspected by the Head of Retail each day at the
start of the shift to ensure the walls and floors are free from scuff marks, all lights are
working, all door locks are in good working condition, all cameras are operational as
required, and that all trash and litter is removed from the premises. Any
maintenance issues will immediately be logged and reported to the General
Manager.
Streetscape and Minors
The exterior architecture of the premises will have the same aesthetics as it currently
has. We are absolutely mindful that minors and children live in the neighborhood
and will responsibly ensure that we don’t have any visible cannabis branding or
products that could be seen from the exterior of the building pursuant to the Ukiah
City Code.
Summary
Element 7 isn't just a retail cannabis outlet. Our vision is to create an interactive
learning hub that allows first-time users, new cannabis consumers, and connoisseurs
with a welcoming experience where they can learn, engage and shop within an
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inviting and open environment. Analyzing the data and understanding that
customers look to retail staff more than any other outlet or channel for product
recommendations, we will ensure that our front-line BudTenders are the most trained
staff in industry.
Our design, customer experience, staffing and overall holistic wellness positioning all
work together to seamlessly ensure that Element 7 will deliver a retail experience like
no other.
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ELEMENT 7: DELIVERY OPERATING PLAN
DELIVERY LICENSE OPERATIONS PLAN
Introduction
Element 7 delivers on-demand cannabis products to patient's and customers’
homes in Cities and Towns across California. This aspect of our business is one of our
fastest growing verticals driven by recent licensing wins we have secured in the Bay
Area, Central Valley and San Diego regions in California.
Powered by our experience gained from our existing cannabis operations footprint,
logistics management experience, and technology partnerships with Ready Cart,
BURPY and Baker Technologies, Element 7 is strategically positioned to become one
of the leading on-demand cannabis delivery companies in the State known for fast
and on-time delivery, great pricing, product selection, and patient/customer
service.
The non-storefront retail (delivery) aspect of the business will be managed by a
dedicated Head of Delivery within Element 7 Ukiah, reporting to the General
Manager of the local business. We project to conduct between 20 – 30 deliveries
per day during our operating hours.
The business management will be governed by a series of Standard Operating
Procedures developed and implemented by Element 7, including:
- Delivery Operations Policy
- Cannabis Track and Trace Policy
- Inventory Control Policy
- Records Management Policy
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Standard Operating Procedures
POLICY NAME NON-STOREFRONT RETAIL (DELIVERY) OPERATIONS POLICY
APPLICABLE LAW Pursuant to the Business and Professions Code section
26001(p), California Code of Regulations §5414-5421; §5048-
5051 Element 7 officers, management, and staff will adhere
to both local and state laws and regulations as it relates to
running a compliant delivery in the City of Ukiah.
POLICY OBJECTIVE To create a successful and fully compliant non-storefront
delivery operation which focuses on team member safety
and training, the consistent delivery of high quality locally
sourced products, consumer education, and community
engagement.
ELEMENT 7 CORE
VALUE
'Excellence in Everything We Do'
SOP PROCEDURES Management
- Staffing and Management
Ordering
- Ordering Procedures
- Online Ordering System
- Technology Integration
- Education Integration
Fulfillment
- Transportation Vehicle Requirements
- Delivery Inventory Ledger
- Order Fulfilment (Pre and Post Delivery)
- Delivery Receipts
- Communications
- Route Planning
Control and Compliance
- Carriage of Business License
- Delivery Employees
- Online Age Verification
Management
Staffing and Management
Element 7 will employ a number of key individuals to operate the non-storefront retail
(delivery) operations aspect of its cannabis business.
General Manager
The General Manager will be Element 7’s day-to-day operations manager for the
Facility. The General Manager will oversee all of the operations, hiring, training,
evaluating, disciplining, and terminating, all employees. The General Manager shall
be responsible for implementing and maintaining the seed-to-sale inventory tracking
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system (Data Management System) and for ensuring that all City and State
commitments are being met, that the site is secure and safe and that the quality of
product is the highest in terms of industry and LLC standards possible.
The General Manager is responsible for:
1. All day-to-day operations;
2. All personnel matters including hiring, training, evaluating and disciplining all
employees;
3. Implementing the Data Management System and maintaining the records
generated by such;
4. Monitoring the security plan, and interfacing with the Head of Security;
5. Being the liaison between Element 7, local law enforcement and applicable
local and State government entities and regulatory agencies;
6. Completing the weekly physical inventories of all inventory sales;
7. Random checks of all inventory levels, packaging and storage procedures,
and report any deficiencies to the General Manager; and
8. All other management and supervisory responsibilities required by Element 7
and/or the City and State.
Shift Manager
At all times the delivery center is operational, there will be one Shift Manager on duty
and physically at the Facility. Each shift will have a Shift Manager who will act as the
supervisor of the facility for his/her given shift. They will report directly to the General
Manager. When the General Manager is not on site, they will monitor all operations,
inventory control and security, in their respective departments. The Shift Managers
will record and report any activity they undertake to the General Manager. No
administrative or regulatory action shall be taken by the Shift Manager without the
prior approval of the General Manager.
The Shift Manager shall be a full-time officer or employee of the Facility and shall
participate in all delivery operations management. They will be responsible for the
following while on duty:
1. Supervise the employees and staff within their respective departments;
2. Monitor employee activities within their respective departments;
3. Monitor and input data into the inventory control system within their
department;
4. Monitor and follow the security plan and interfacing with the Head of
Security; and if the General Manager is off-site, they shall be the liaison
between Element 7 local law enforcement, applicable State and local
governmental and regulatory agencies, if necessary.
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Head of Security
The Head of Security responsibilities include, but are not limited to:
1. Following the security plan;
2. Responding to any breaches in security;
3. Reporting any attempted breaches of security and or any security
deficiencies to the General Manager;
4. Maintaining regulatory compliance with all security measures employed by
Element 7; and
5. All other management and supervisory responsibilities required by Element 7
and/or the City and State.
Inventory Control Specialist
The Inventory Control Specialist main responsibility is to assure all the operations in the
delivery Facility are fully compliant with California State law and regulations and that
all inventory is fully accounted for at all points of the operations. These duties shall
include, but are not limited to:
1. Providing all necessary information and reports to regulatory agencies;
2. Monitoring reports from the inventory control system;
3. Tracking any discrepancies between known or expected values, counts,
weights or other information back to the source;
4. Providing input and implementing changes to protocols to correct errors,
and/or other deficiencies in the Facility operations;
5. Monitoring shipping manifests, inventory levels, plant counts, inventory
weight amounts, and other seed to sale tracking information;
6. Reporting to the General Manager;
7. Interfacing with the Head of Security;
8. Engaging local counsel when necessary; and
9. Any other responsibilities required by management.
Dispatch Manager
The Dispatch Manager will work directly with the dispatch team to assist in
coordinating daily workflow, and work independently on safety requirements for the
delivery team; in addition to being responsible for properly deploying and
monitoring the status and locations of the delivery drivers. The Dispatch Manager will
also be responsible for the following:
1. Answer incoming patient/customer phone calls and take appropriate action
for each call;
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2. Maintain customer satisfaction ratings based on explicit criteria set forth by
Element 7;
3. Assign orders to drivers, and follow-up until all orders are completed;
4. Attend mandatory training sessions to stay updated on product or company
policy changes;
5. Route and set schedules for the delivery team;
6. Maximize productivity and ensure prompt, courteous and efficient service to,
primary caregivers; and
7. Build strong customer relationships.
Driver
Drivers will be responsible for transferring product from our delivery directly to
patients, primary caregivers or customers throughout the city and collecting money
in exchange for the cannabis goods. Drivers will work with the Dispatch Manager to
ensure timely delivery and full compliance with both local and state laws.
Driver responsibilities include, but are not limited to:
1. Make a wide variety of deliveries as directed;
2. Keep accurate records of deliveries and patient authorizations;
3. Ensure all documentation is submitted to management on time;
4. Keep an accurate driver's log;
5. Follow a strict standard of operating procedure;
6. Load, unload, prepare, inspect and operate a delivery vehicle;
7. Collect payments and maintain petty cash.
ORDERING PROCEDURES AND POLICIES
Ordering Procedures
Patients and customers will be able to order through our smartphone APP or
responsive website (which adapts itself to the patient/customer viewing
environment – phone, tablet or desktop computer) – first time users will be have to
upload a photo of their government identification card in order to verify age, and
will then be required to run through a 3-screen educational component educating
them on cannabis potency, absorption and effects. They will then have the option
of selecting a range of cannabis products and being able to track Element 7
delivery business through the smartphone APP or Website in much the same way
that UBER or LYFT operates.
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Our partner, Beyond Marketing Group has significant UX and UI experience within
their company and will manage all development of such platform.
Online Ordering System
Element 7’s online ordering system will allow its patients, primary caregivers or
customers to place orders from our website, tablets or mobile app. Element 7 has
partnered with a premier e-Commerce delivery company to create all online and
web application features (Ready Cart). This will allow the website and application to
have an online menu and shopping portal that directly and seamlessly connects to
our inventory management system in real time.
In addition to Ready Cart, Element 7 will utilize Baker Technologies software platform
which will allow Element 7 to communicate directly with patients and customers
immediately after an online order is placed, inform them of new products , educate
them via the smartphone app and create a Loyalty program that offers
patients/customers "points" for being loyal to Element 7.
The online ordering system will display all the products for sale at the business, their
prices, and product descriptions. (see demo images below)
Technology Integration
We understand that as a licensed non-storefront retailer, we will not sell or otherwise
transfer any cannabis goods to a patient/customer through the use of an unlicensed
third party, intermediary business, broker, or any other business or entity.
Element 7 will utilize Baker (which will integrate with our compliance platform
‘Flowhub’) as a means to facilitate the sale and delivery of cannabis goods, in
accordance with the following:
1. Element 7 will not allow for delivery of cannabis goods by the technology
platform service provider.
2. Element 7 will not share in the profits of the sale of cannabis goods with the
technology platform service provider, or otherwise provide for a percentage
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or portion of the cannabis goods sales to the technology platform service
provider.
3. Element 7 will not advertise or market cannabis goods in conjunction with the
technology platform service provider, outside of the technology platform,
and will ensure that the technology platform service provider does not use
Element 7' license number or legal business name on any advertisement or
marketing that primarily promotes the services of the technology platform.
4. Element 7 will ensure the following information is provided to customers:
(i) Any cannabis goods advertised or offered for sale on or through the
technology platform will disclose, Element 7' legal business name and
license number.
(ii) Customers placing an order for cannabis goods through the technology
platform will be able to easily identify Element 7 as the source of where
the cannabis goods are being ordered or purchased from. This
information will be available to the customer prior to them placing an
order or purchasing the cannabis goods.
(iii) All required sales invoices and receipts, including any receipts provided
to the customer, will disclose Element 7' legal business name and license
number.
(iv) All other delivery, marketing, and advertising requirements will be
complied with.
Ordering Procedures
1. Once a patient, primary caregiver or customers visits Element 7 online delivery
portal, they will be asked if they are above the age of 21, or over 18 years of
age with a valid physician’s recommendation;
2. Patients, primary caregivers and customers can visit the Element 7 menu of
products which will range from edibles to flower and other cannabis
products;
3. After a selection has been made, selected items will be placed in a “Cart”
and the patients, primary caregivers or customers can then proceed to
checkout;
4. Once an order has been processed and filled at the delivery facility, the
patients, primary caregivers or customers will receive an alert notification for
an approximate delivery-time estimate; and
5. Element 7 Delivery employees will receive instant push notifications on all
tablets and smartphones at the facility. Once a customer has placed an
order, it will be immediately filled by an employee, packaged and ready for
delivery within a 15-minute time frame.
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Online Ordering System (Educational Component)
The Element 7 online ordering system educational component will allow its patients,
primary caregivers or customers to learn about the potency, effects, THC and CBD
content of cannabis or cannabis goods prior to purchasing, as well as providing
patients, primary caregivers or customers with the tools to incorporate a "Holistic
Wellness" approach to their everyday lives.
In furthering Element 7' "Holistic Wellness” initiative to educate customers on the
benefits of cannabis, Element 7 seeks to work with Tokr to create a customized app
experience for Element 7 customers. Tokr allows customers to learn which cannabis-
based products can be used in their everyday life, and eases the anxiety or
nervousness associated with not knowing how cannabis and cannabis related
products may use daily.
Element 7’s cannabis and cannabis products breakdown will equip customers,
primary caregivers or customers with the knowledge and understanding of the
benefits of a chosen cannabis strain or product. Having an educational component
on Element 7 website informs patients, primary caregivers or customers how each
strain of cannabis might affect them which can go a long way towards utilizing the
plant’s potential therapeutic benefits.
The website will provide thorough descriptions of each type of strain - Sativa, Indica,
Hybrid and CBD.
In furthering Element 7’s commitment to inform and empower the Ukiah community
on cannabis education, it is also worth mentioning that accurately estimating
cannabinoid effects must be treated with some subjectivity. Each patient/customer
has an individual reaction to each type of cannabis strain and experimentation with
different types of strains is essential for new patients, primary caregivers or customers
to achieve desired results.
Element 7 suggests patients, primary caregivers or customers keep a journal and
record both body and head reactions to each strain, which will remove much of the
guesswork from selecting the strains that work best for them. Our content
management system will automatically send an email 12 hours after a customer has
made a purchase which requires that product feedback following a “first time”
purchase of a given product, and prior to the customer next purchase to ensure we
are receiving as much feedback as possible.
FULFILLMENT PROCEDURES AND POLICIES
Transportation Vehicle Requirements
Element 7 will strictly adhere to all rules, requirements and regulations regarding
transportation of cannabis within the state of California, as they are created and
modified by City and State legislators. No deviation from those rules will be tolerated
or allowed. The Head of Security will implement additional measures beyond the
minimum requirements (i.e. transfer of currency for remitting City tax payments).
Element 7' delivery process begins when the delivery employee leaves the facility
with the cannabis goods for delivery. The delivery process ends when the delivery
employee returns to the facility after delivering the cannabis goods or attempting to
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deliver the cannabis goods to the patients and customers. At no time will an
Element 7 delivery employee engage in any activities except for cannabis goods
delivery and necessary rest, fuel, or vehicle repair stops. Element 7 will maintain an
accurate list of all delivery employee’s information.
Any vehicle used in the delivery of cannabis goods will be operated by a delivery
employee of Element 7. Vehicles used for delivery will not have any indications on
the exterior of the vehicle that may indicate that the delivery employee is carrying
cannabis goods for delivery. Only Element 7 employees will be in the delivery
vehicle. In the event that an employee leaves the vehicle unattended, he/she will
ensure that the vehicle is locked and equipped with an active vehicle alarm system.
All Element 7 vehicles will be outfitted with a dedicated Global Positioning System
(GPS) device for identifying the geographic location of the delivery vehicle and
recording a history of all locations traveled to by the delivery employee while
engaged in delivery. The GPS device will be owned by Element 7 and used for delivery
only. The device will be either permanently or temporarily affixed to the delivery
vehicle and will remain active and inside of the delivery vehicle at all times during
delivery. At all times, Element 7 will be able to identify the geographic location of all
delivery vehicles that are making deliveries and document the history of all locations
traveled to and by a delivery employee while engaged in delivery.
Delivery Inventory Ledger
• A LIVE delivery inventory ledger will be created which tracks all cannabis goods
provided by Element 7 to the delivery driver, orders, purchase and product
deliveries;
• For each cannabis good, the delivery inventory ledger will include the
following:
- Type of good, the brand, the retail value;
- The track and trace identifier, and the weight, volume or other accurate
measure of the cannabis good.
• After each delivery, the delivery inventory ledger will be updated to reflect the
current inventory in possession of Element 7' delivery driver.
• No product will leave the Facility without being accompanied by an
authorized driver of the Facility, together with transportation manifests to show
the vehicle information, driver and accompanying personnel information, date
and time the delivery business vehicle leaves the facility, the amount of
product that is being transported, a breakdown of the individual boxes that will
be delivered to individual patients, primary caregivers and customers, the
route that the vehicle will take, and expected delivery business times for
delivery business to each delivery business.
Order Fulfillment (Pre-Delivery)
• Orders will be taken by Element 7 through an SSL Encrypted Responsive
Website, Smart-Phone APP and by phone. All customers will be checked to
ensure they have the appropriate ID Card by uploading a photo of their
government-issued identification.
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• Received Orders will then be approved by the Shift Manager and queued for
Packing. A Packer Employee will fulfil the order from stock in either the Ambient
Storage Room or Cold Storage Room, where it will be packed in the Packing
Room. It will then be queued for Dispatch.
• Packed Orders will be assigned to a Driver by the Dispatch Manager and
moved to the Dispatch Room from the Packing Room. Cannabis will only be
sold to an individual in an amount consistent with personal possession and use
limits allowed by the State of California and enforced by Ukiah and Element
7.
• The order fulfilment boxes (plastic) containing cannabis to be delivered to
customer will be verified, recorded and sealed. Once sealed they will be
loaded into the lock boxes in the delivery business vehicle from the Dispatch
Room, employees will ensure that no cannabis goods are visible to the public.
Cannabis goods will be locked in a fully enclosed box, container, or cage that
is secured on the inside of the vehicle.
• Both the Inventory Control Specialist and the driver that will accompany the
product will verify the number of boxes, the date and time of delivery business,
the date and time that the delivery business vehicle leaves the Facility, and the
addresses to which the product will be delivered.
• Element 7 will maintain a database and provide a list of the individuals and
vehicles authorized to conduct vehicle dispensing, and a copy of the valid
California driver’s license issued to the driver of any such vehicle on behalf of
Element 7 to the Ukiah Chief of Police.
• Only after the dispatch employee has completed the check with checklist for
delivery business will the vehicle then be driven out of the lock area, and
immediately began its delivery business route.
• Individuals making deliveries of cannabis or cannabis products on behalf of
Element 7 will maintain a physical copy of the delivery request (and/or
invoice) and will make it available upon the request of agents or employees
of the City of Ukiah requesting documentation.
• The total amount of cannabis carried in the vehicle will comply with State
Law.
Order Fulfillment (Post-Delivery)
• Once the delivery business vehicle is in the locked and secured area
designated for that purpose, the lockbox inside of the delivery business
vehicle will be opened by delivery business personnel.
• The Inventory Control Specialist will perform a visual verification that the
lockbox is in fact empty and contains no leftover cannabis products from a
previous delivery business. If there is cannabis, it will be removed from the
vehicle, identified, recorded and placed in the vault for either reshipment or
in the case of a cancelled order, the box seal will be cut, the contents
verified as being un-tampered with and then re-stocked into inventory and
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recorded as being re-stocked, including time, date, amount, package
numbers, weights, employee performing the re-stocking and reason for the
return of the product. Any product that has been tampered with will be
accounted for and then destroyed in accordance with Element 7
procedures.
•Any cash payments received by the Driver will be logged, accounted for,
signed and held in the cash register until the end of the shift or day, at which
point it will be counted and locked in the Walk-In Vault.
Delivery Receipts
●Element 7 will prepare both a hard copy and an electronic delivery request
receipt for each delivery of cannabis goods. The delivery request receipt will
contain the following:
1.The name and address of Element 7;
2.The first name and employee number of Element 7' delivery employee
who delivered the order;
3.The first name and employee number of Element 7' employee who
prepared the order for delivery;
4.The first name of the patient/customer and an Element 7 retailer-
assigned customer number for the person who requested the delivery;
5.The date and time the delivery request was made;
6.The delivery address; and
7.A detailed description of all cannabis goods requested for delivery.
Communications
•Each driver will carry a communication device and a cell phone for backup
communication.
•Driver will always remain in contact with Element 7's Central Security Control
Room as well as 911 and emergency services, if necessary.
Route Planning
•The Dispatch Team will plan route security after the time and destination are
determined. Routes will be randomized, and times varied. Other
consideration, in addition to randomization and time, for each route will be
based upon:
1.Operational security (based on number of stop on route, crime by area,
known previous routes etc.);
2.Traffic (time of day or road incident);
3.Known public events, i.e. parades, demonstrations, unusual activity using
current information available from a variety of sources to include news
releases, police and city offices, social media; and
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4. Ongoing real-time incidents that would impede delivery business.
● If an Element 7 delivery driver does not have any delivery requests to be
performed for a 30-minute period, the delivery driver will not make any
additional deliveries and will return to the facility.
CONTROL AND COMPLIANCE
Carriage of Business License
All vehicles associated with the business will carry in the vehicle a copy of the valid,
unexpired business license as well as a copy of Element 7' current non-storefront
retailer's license. In addition, Element 7 Vehicle’ will be registered with the City Police
Department.
Delivery Employees
● Element 7 will not employ or retain persons under 21 years of age.
● All deliveries of cannabis goods will be performed by a delivery employee
who is directly employed by Element 7.
● All deliveries of cannabis goods will be made in person. A delivery of
cannabis goods will not be made through the use of an unmanned vehicle.
● Delivery employees will carry a current government-issued identification, and
an identification badge provided by Element 7.
Online Age Verification
● Electronic age verification will be utilized to determine the age of any
individual attempting to purchase cannabis goods. All employees will be
instructed on its use.
● Cannabis will not be sold to the public without electronic age verification.
● Delivery employees will verify the age and identity of the recipient of the
cannabis goods at both order time and delivery of goods.
● Cannabis goods will only be received by the patient/customer. The driver will
scan the patient/customers valid identification card and verify that the
individual is 21 years of age or older, or 18 years old with a valid physician
recommendation.
Summary
Element 7's Delivery business and operations are a critical focus point for our overall
business strategy. While cannabis is a highly experimental and discovery-led category
in 2019, we know that moving ahead, cannabis will more closely mimic existing
shopping and buyer behavior practices of other consumer product verticals. Having
a robust business plan and set of policies in place will be critical to our expansion
efforts over the next 3-5 years as we seek to become one of the leading and largest
cannabis delivery companies in California.
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MANUFACTURING OPERATING PLAN
Introduction
Element 7 manufactures a range of cannabis products and brands to meet the
growing demand for these goods from patients and consumers in California.
Manufactured extracts, edibles and topicals are the fastest growing categories in the
industry and Element 7 produces a range of in-house cannabis brands to meet this
demand.
Our cannabis brands include:
SLAY: A range of THC-infused cannabis creams, lotions and beauty products targeted
at empowered, confident, and young female consumers.
Daily Cannabis Co: The Monday-to-Friday cannabis brand available in flower, pre-rolls
and C02-produced concentrates.
Element 7: Holistic wellness infused cannabis creams, lotions, extracts and edibles.
Powered by the experience gained from our existing cannabis operations footprint,
logistics management experience, and technology and data partnerships with Ready
Cart, BURPY and BRIGADE, Element 7 is strategically positioned to become one of the
leading cannabis manufacturing companies in the State known for the quality of our
products, the emotional need states we deliver against, and the strength of our
brands and trademarks.
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Management Plan and Staffing
The manufacturing aspect of the business will be managed by a dedicated Head of
Manufacturing within Element 7 Ukiah, reporting to the General Manager of the local
business.
Head of Manufacturing
The Head of Manufacturing will oversee all lab operations, including the management
of lab technicians. This role will be responsible for maintaining the organization,
cleanliness, and efficiency of the production area. The Head of Manufacturing
maintains quality control measures to ensure high quality product and carries out day-
to-day tasks including: prepping, extracting, and packaging. The Head of
Manufacturing must monitor and maintain production facility in accordance with
Element 7's Laboratory standards. The Head of Manufacturing will perform regular
maintenance, cleaning, and repairs of all laboratory equipment including arranging
any necessary equipment replacement(s). The Head of Manufacturing will also
schedule and maintain testing for research and product safety, as well as state
compliance for the state of California.
The core job responsibilities of the Head of Manufacturing include:
● Planning and managing production schedules that effectively leverage
capacity, labor and materials to meet volume, cost and quality goals.
● Developing, implementing, and holding the team accountable to relevant KPIs
with a focus on continuous improvement by producing weekly production
reports and attending company meetings.
● Studying and clarifying specifications, calculating requirements, assembling
and weighing cannabis materials and supplies for lab processes.
● Performing all technical procedures adhering to the operation, technical, and
quality control policies and guidelines.
● Creating and improving all SOPs to stay compliant with local and state
regulations and maintaining accountability and inventory of all supplies, raw
materials, finished products.
● Tracking post-processing temperatures and times to manipulate product as
required.
● Tracking manufacturing metrics throughout the lab chain of custody including
cannabis waste.
● Collecting and interpreting data to monitor and adjust daily operations for
maximum output and quality.
● Creating proprietary blends for our products
● Blending for our customers according to set parameters
● Tracking consumables usage and maintain the laboratory inventory.
● Creating QC and R&D samples and oversee all COA product testing,
● Maintaining inventory records of supplies, materials, and temperatures of
machinery along with troubleshooting, preventative maintenance and regular
data logging for all lab equipment
● Regular cleaning and maintenance of lab equipment and facility to keep
laboratory and all other working areas in pristine conditions.
● Maintaining material safety data sheets for all department chemicals and
products.
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Operations Management
Day-to-day operations at the Facility will be governed by a series of Standard
Operating Procedures developed and implemented by Element 7, including:
● Type-6 Manufacturing Operations Policy
● Cannabis Track and Trace Policy
● Inventory Control Policy
● Records Management Policy
Product Range
Element 7 will package finished cannabis products in the form of pre-rolls, extracts /
concentrates, edibles, tinctures and creams/ lotions. Our product range, branding,
and pricing will largely be determined by analyzing industry data, consumer trends,
consumer need-state analysis and a range of other data and insights to create the
optimal go-to-market product and packaging mix.
Manufactured products will either be produced and packaged as single extracts and
concentrates, or, combined with holistically natural and organic ingredients to create
a homogenized material with a consistent cannabinoid profiles and potency.
Edibles
Technicians will combine sustainably sourced, organic fruits, grains, sugars, nuts, seeds,
chocolates, and other ingredients with cannabis oils to create a spectrum of
palatable edibles under the Element 7 brand.
Topicals
Element 7 will produce finished cannabis products in the form of topical applications,
including lotions, creams, salves, balms, and/or moisturizers.
Tinctures
Element 7 will manufacture tinctures in a variety of cannabinoid profiles and flavors
available to enhance product diversity and therapeutic options for its customer base.
Element 7 will also produce finished medical cannabis products in the form of semi-
viscous liquid tinctures. Tinctures will be vegetable-glycerin-based and may be
applied by a glass and rubber self-contained liquid dropper. Tinctures will have
consistent cannabinoid profiles. Processing Technicians will bottle tinctures in
accordance with industry best practices. Technicians will produce tinctures from
medical cannabis oil that contains activated cannabinoids and add material to food-
grade glycerin and other natural or organic sweeteners and/or flavors to enhance the
palatability of the finished product. Agave nectar will be a desired sweetener for its
low viscosity at room temperature.
Pre-Rolls and Joints
Pre-Rolls and joints will be made from a range of flower-grade products sourced from
the market, using pre- roll machinery equipment that produces up to 2,000 pre-rolls an
hour.
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Manufacturing Standard Operating Procedures
POLICY NAME TYPE-6 LICENSE MANUFACTURING OPERATIONS POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations Sections 40200-
40258.
POLICY OBJECTIVE To create a successful and fully compliant manufacturing
operation which focuses on team member safety and training, the
consistent delivery of high quality locally sourced products,
consumer education, and community engagement.
ELEMENT 7 CORE VALUE 'Excellence in Everything We Do'
SOP PROCEDURES Facility Design
- Water Management
- Heating, Ventilation, Cooling and Air Filtration Systems
- Plumbing Systems
- Sanitary Conditions and Facilities
- Facility Lighting
- Pest Control
- Equipment and Utensils
Manufacturing Protocols
- Controlling and Tracking Component Requirements
- Batch Manufacturing Protocol
- Process Monitoring and Controls During Manufacture
- Quality Control
- Cannabis-Derived Product Specifications
- Product Discrepancies
- Calculation of Yield
Fire and Safety Technical Report
Facility Design
Element 7 propose to construct a 237 sq. ft. cannabis manufacturing lab to facilitate
the processing of raw medical cannabis flower and trim into extracts, infused products
and finished manufactured goods. We estimate that we will receive one (1) delivery
per week of raw product from a state-licensed distributor. The following considerations
have been taken into account when designing our Facility and proposing our plan:
● The facility will have adequate space for the orderly placement of
equipment and materials to prevent mix-ups of components, packaging
components, in-process materials, cannabis, or cannabis-derived products
during manufacturing, packaging, labeling, or holding.
● The facility will be designed to reduce the potential for contamination of
components, packaging components, cannabis, cannabis-derived products,
or contact surfaces, with microorganisms, chemicals, filth, or other extraneous
material. To ensure this, Element 7 will ensure that the design and construction
includes:
o Floors, walls, and ceilings that can be adequately cleaned and kept
clean and in good repair;
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o Fixtures, ducts, and pipes that do not contaminate components,
packaging components, in-process materials, cannabis or cannabis-
derived products, or contact surfaces by dripping or other leakage, or
condensate;
o Aisles or working spaces between equipment and walls that are
adequately unobstructed and of adequate width to permit all persons
to perform their duties and to protect against contamination, or
contact surfaces with clothing or personal contact.
o Safety-type light bulbs, fixtures, skylights, or other glass or glass-like
materials must be used when the light bulbs, fixtures, skylights or other
glass or glass-like materials are suspended.
• The facility will have separate or defined areas, or other control systems such
as computerized inventory controls or automated systems of separation, to
prevent cross-contamination and mix-ups of components:
o Receipt, identification, storage, and withholding from use of
quarantined components;
o Storage of approved components, packaging components, cannabis,
or cannabis-derived products;
o Storage of rejected components and cannabis waste pending return
to their supplier or destruction;
o Storage of in-process materials pending normal further processing;
o Storage of components pending reprocessing;
o Manufacturing operations;
o Packaging and labeling operations;
o Separation of the manufacturing, packaging, labeling, and holding of
different product types including different types of cannabis or
cannabis-derived products and other products handled in the same
physical facility; and
o Performance of laboratory analyses and storage of laboratory supplies
and samples, as applicable.
The facility will feature an odor control system and an internal building security system
both discussed in more in this application.
Water Management
Water will be provided that is:
● Safe and sanitary, at suitable temperatures, and under pressure as needed, for
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all uses where water does not become a component of the cannabis derived
product.
● Compliant with applicable state and local potable water requirements and
with other requirements as necessary to ensure the water does not
contaminate the cannabis-derived product.
Heating, Ventilation, Cooling and Air Filtration Systems
Systems will be installed and maintained in the Facility as needed to ensure the quality
of the product.
● Ventilation equipment such as filters, fans, exhausts, dust collection, and other
air-blowing equipment will be provided in areas where odors, dust, and vapors
(including steam and noxious fumes) may contaminate components or
contact surfaces.
● When fans, compressed air, or other air-blowing equipment are used, such
equipment must be designed, located, and operated in a manner that
minimizes the potential for microorganisms and particulate matter to
contaminate components or contact surfaces.
● Equipment that controls temperature, humidity, and/or microorganisms must
be provided, when such equipment is necessary to ensure the quality of the
product.
Plumbing Systems
The plumbing in the facility will be of an adequate size and design and be
adequately installed and maintained to:
● Carry sufficient amounts of water to required locations throughout the facility;
● Properly convey sewage and liquid disposable waste from the facility;
● Avoid being a source of contamination to components or any contact surface,
or creating an unsanitary condition;
● Provide adequate floor drainage in all areas where floors are subject to
flooding-type cleaning or where normal operations release or discharge water
or other liquid waste on the floor;
● Not allow backflow from, or cross connection between, piping systems that
discharge waste water or sewage and piping systems that carry water used for
manufacturing cannabis-derived products, for cleaning contact surfaces, or for
use in bathrooms or hand-washing facilities.
Sanitary Conditions and Facilities
Adequate and convenient hand-washing facilities will be provided that are:
● Provided with running water of suitable temperature;
● Provided with effective hand cleaning and/or sanitizing preparations and single
use paper towels or other drying devices;
● Located at points in the facility where good sanitary practices require
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personnel to wash their hands;
● Prohibited from being used for activities that support production operations,
such as cleaning of production equipment or utensils.
The grounds of the Facility will be kept in a condition that protects against the
contamination of components, packaging components, in-process materials,
cannabis, cannabis-derived products, or contact surfaces. The methods for adequate
ground maintenance include:
● Properly storing equipment, removing litter and waste, and cutting weeds or
grass within the immediate vicinity of the facility so that it does not attract pests,
harbor pests, or provide pests a place for breeding;
● Maintaining roads, yards, and parking lots so that they do not constitute a
source of contamination in areas where components, packaging components,
in-process materials, cannabis, cannabis-derived products, or contact surfaces
are exposed;
● If the plant grounds are bordered by grounds not under the operation’s control,
and if those other grounds are not maintained in the manner described in this
section, care should be exercised in the plant by inspection, extermination, or
other means to exclude pests, dirt, and filth or any other extraneous materials
that may be a source of contamination;
• Cleaning compounds, sanitizing agents, pesticides, and other toxic materials
will be appropriately stored, handled, and controlled.
o Cleaning compounds and sanitizing agents must be free from
microorganisms of public health significance and be safe and
adequate under the conditions of use.
o Toxic materials must not be used or held in the facility in which
components, packaging components, in-process materials, cannabis,
cannabis-derived products, or contact surfaces are manufactured or
exposed, unless those materials are necessary as follows:
(i) To maintain clean and sanitary conditions;
(ii) For use in laboratory testing procedures, where applicable;
(iii) For maintaining or operating the facility or equipment; or
(iv) For use in the facility’s operations.
Cleaning compounds, sanitizing agents, pesticides, pesticide chemicals, and other
toxic materials must be identified, stored, and used in a manner that protects against
contamination of components, packaging components, in-process materials,
cannabis, cannabis-derived products, or contact surfaces.
Facility Lighting
Adequate lighting will be provided in:
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● All areas where components, packaging components, in-process materials,
cannabis, or cannabis-derived products are examined, manufactured,
packaged, labeled, or held;
● All areas where contact surfaces are cleaned; and
● Hand-washing areas, dressing and locker rooms, and toilet facilities.
Pest Control
Adequate pest control will be provided.
• Animals or pests will not be allowed in any area of the facility, except that
guard or guide dogs may be allowed in some areas of the facility if the
presence of the dogs will not result in contamination of components,
packaging components or contact surfaces;
• Effective measures will be taken to exclude pests from the facility and to
protect against contamination of components and contact surfaces on the
premises by pests; and
• Insecticides, fungicides, or rodenticides must not be used in or around the
facility, unless they are registered with EPA and used in accordance with the
label instructions, and effective precautions are taken to protect against the
contamination of components or contact surfaces.
• Trash will be regularly conveyed, stored, and disposed in order to:
o Minimize the development of odors;
o Minimize the potential for the trash to attract, harbor, or become a
breeding place for pests;
o Protect against contamination of components, any contact surface,
water supplies, and grounds surrounding the facility; and
o Control hazardous waste to prevent contamination of components and
contact surfaces.
• A schedule will be developed for sanitation that includes:
o Responsibility for sanitation;
o Detailed description of the cleaning schedules, methods, equipment,
and materials to be used in cleaning the grounds and buildings; and
o Records of cleaning and sanitation.
Equipment and Utensils
• Production operations must use equipment and utensils that are of appropriate
design, construction, and workmanship.
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o Equipment and utensils will be suitable for their intended use;
o Equipment and utensils will be able to be adequately cleaned and
properly maintained; and
o Use of equipment and utensils will not result in the contamination of
components, packaging components.
• Each freezer, refrigerator, and other cold storage compartment used to hold
components, in-process materials, or cannabis or cannabis-derived products:
o Will be fitted with an indicating thermometer, temperature-measuring
device, or temperature-recording device that indicates and records, or
allows for recording by hand, the temperature accurately within the
compartment; and
o Will have an automated device for regulating temperature and/or an
automated alarm system to indicate a significant temperature change.
• Instruments and controls used in manufacturing, packaging, holding, or testing
components, packaging components, in-process materials, cannabis, and
cannabis-derived products will be calibrated, inspected, or otherwise verified
before first use and at routine intervals or as otherwise necessary to ensure the
accuracy and precision of the instrument or control, and the resulting data
must be periodically reviewed by quality control personnel. Instruments or
controls that are past their calibration, inspection, or verification due date, or
which cannot be adjusted to provide suitable accuracy and precision, will be
removed from use until they are repaired or replaced.
Controlling and Tracking Component Requirements
• Element 7 manufacturing operations will have written procedures describing in
sufficient detail the receipt, identification, storage, handling, sampling, review,
and approval or rejection of components.
• Each container or grouping of containers for components will be identified with
a distinctive code (i.e. lot or control number) for each lot in each shipment
received, which allows the lot to be traced backward to the supplier, the date
received, and the name of the component; and forward to the cannabis-
derived product batches manufactured or distributed using the lot.
• Components must be received and stored pending approval as follows:
o Upon receipt and before acceptance, each container or grouping of
containers must be examined visually for appropriate labeling as to
contents, container damage or broken seals, and contamination, to
determine whether the container condition may have resulted in
contamination or deterioration of the components.
o The supplier’s documentation for each shipment must be examined to
ensure the components are consistent with what was ordered.
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o Components must be stored under quarantine until they have been
sampled, reviewed, and approved or rejected by quality control
personnel.
• Components must be approved or rejected as follows:
o Each lot of components will be withheld from use until the lot has been
sampled, reviewed, and released for use by the quality control
personnel.
o Compliance of the lot with established specifications will be ensured
either through review of the supplier's certificate of analysis or other
documentation, or through appropriate tests and/or examinations. Any
tests and examinations performed will be conducted using appropriate
scientifically valid methods.
o Any lot of a component that meets its specifications may be approved
and released for use for use by quality control personnel.
o Any lot of a component that does not meet its specifications must be
rejected by quality control personnel.
Process Monitoring and Controls During Manufacture
• Process specifications are established for production process parameters at or
during any point, step, or stage where control is necessary to ensure the quality
of the batch of cannabis-derived product, and to detect any unanticipated
occurrence that may result in contamination, adulteration, or a failure to meet
specifications.
• The process parameters to be monitored may include, but are not limited to,
the following as appropriate:
o Time;
o Temperature;
o Pressure; and
o Speed.
• Production process parameters will be monitored at or during any point, step,
or stage where process specifications have been established. Any deviation
from the specified process parameters will be documented and justified, and
the associated in-process material or product must be quarantined. The
deviation must be reviewed and approved or rejected by quality control
personnel. Such deviations will not be approved unless quality control
personnel determine that the resulting cannabis-derived product will meet all
specifications for identity, purity, strength, and composition and is not otherwise
contaminated or adulterated.
• If a deviation is rejected, the resulting in-process or finished cannabis-derived
product must be rejected and destroyed.
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• Operations on one component, product, or batch must be physically, spatially,
or temporally separated from operations on other components, products, or
batches.
• All necessary precautions must be taken during the manufacture of a
cannabis-derived product to prevent contamination of components and
products.
Quality Control
The Head of Manufacturing and Compliance Manager will randomly select finished,
packaged samples and test them for potency and the presence of microbial
contaminants.
A representative sample of each batch or lot of component, cannabis, or cannabis-
derived product will be collected by removing and compositing portions of material
or units from throughout the containers in the batch or lot to be given to a licensed
Distributor for testing.
Cannabis-Derived Product Specifications
Manufacturing operations will establish specifications for the identity, purity, strength,
and composition of each cannabis-derived product manufactured by the operation.
Manufacturing operations which receive cannabis-derived product for further
processing must establish specifications to provide sufficient assurance that the
product received is adequately identified and is consistent with the purchase order.
For every batch or lot, or for a subset of cannabis-derived product batches or lots
identified through sound statistical sampling plan, the operation will verify that the
batch or lot meets product specifications for identity, purity, strength, and
composition, to the extent that scientifically valid test methods exist for these
specifications via a state-licensed testing laboratory.
Product Discrepancies
Any unexplained occurrence or discrepancy, and any failure of the cannabis-derived
product to meet its specifications or requirements, must be documented and
investigated. The investigation must extend to any related batches that may have
been associated with the same specific failure, discrepancy, or problem; this may
include, but is not limited to, batches of the same cannabis-derived product, other
batches processed on the same equipment or during the same time period, and
other batches produced using the same lots of components.
Calculation of Yield
Actual yields will be determined at the conclusion of each appropriate phase of
manufacturing of the cannabis-derived product. Such calculations must either be
performed by one person and independently verified by a second person, or, if the
yield is calculated by automated equipment, be independently verified by one
person.
If the percentage of theoretical yield at any process step or at the end of production
falls outside the maximum or minimum percentage of theoretical yield allowed in the
manufacturing protocol, quality control personnel must conduct an investigation of
the batch and determine, to the extent possible, the source of the discrepancy. The
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deviation must be documented, explained, and approved by quality control
personnel.
Fire and Safety Technical Report
Element 7 will provide a fire and life safety technical report to the Fire Department,
prepared by a licensed professional engineer, to evaluate the totality of the cannabis
operation, including the certification of equipment. Said report will be approved by
the Fire Department prior to Operation.
Summary
Element 7 will continue to leverage its access to data and customer insight to stay
ahead of its competition and continue to meet consumer demand for innovation,
new products, and better manufacturing methods to produce cleaner, better tasting,
and functionally superior products.
We aim to be the most tested, taxed, trusted, controlled and compliant operator in
the industry. With concentrates and extracts being the fastest growing products in the
market, our manufacturing operations are critical to the overall growth and continued
development of the Element 7 brand.
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Element 7's Standard Operating Procedures are designed to provide step-by-step
instructions for staff performing routine and complex tasks. Our SOP's focus on
creating efficiency, quality and uniformity of output, while reducing
miscommunication and failure to comply with industry regulations and company
standards.
With an increasingly complex regulatory environment guiding our business and
industry, the development of clear guidelines and the consistent implementation of
such processes is critical to our business.
Standard Operating Procedures contained within this document are consistent
across all aspects of our business, from seed to sale, and include:
- Facility Restrictions - Hours of Operation
- Opening and Closing Procedures - Age Restriction and Verification
- Signage Policies - Advertising and Marketing Policies
- Sales Limit - Track and Trace
- Inventory Management - Data Management
- Records Retention - Auditing Procedures
- Annual Reviews - Right of Access
- Packaging Policy - Storage and Handling Policy
- Complaints, Returns & Recalls Policy - Compliance Management
- Permit Display Policy - Noise Reduction Policy
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SITE OPERATING POLICIES
POLICY NAME FACILITY RESTRICTIONS
APPLICABLE LAW Pursuant to the California Code of Cannabis Regulations §5039
and Article 15.6 of Chapter 2 in Division 9 of the Ukiah City Code,
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE To ensure that the Element 7 facility remains in compliance with
the City of Ukiah rules and regulations, as it relates to building
signage, advertising, on-site consumption and permit visibility.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES Facility Restrictions
Facility Restrictions
• On-site consumption of cannabis is prohibited at all times by all individuals on
the property.
• No cannabis or cannabis products or graphics depicting cannabis or
cannabis products will be visible from the exterior of the business premises, or
on any of the vehicles owned or used as part of the business.
• Each entrance will be visibly posted with a clear and legible notice indicating
that smoking, ingesting, or otherwise consuming cannabis on the premises or
in the areas adjacent to the commercial cannabis business is prohibited.
• The original copy of the commercial cannabis business permit issued by the
City will be posted inside the business premises in a location readily visible.
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POLICY NAME HOURS OF OPERATION
APPLICABLE LAW Pursuant to the California Code of Cannabis Regulations §5403,
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE To create a successful and fully compliant operation which allows
Element 7 to serve the needs of its patients, primary caregivers
and customers during the hours of operation.
ELEMENT 7 CORE VALUE "Consistency is Everything'
SOP PROCEDURES Hours of Operation
Pursuant to BCC and Ukiah requirements, the proposed main hours of operation for
the Facility will be between 7am and 10pm:
Dispensary Hours of Operation
7am – 8am: Opening Procedures (Dispensary) – Not Open to Public
9am – 9pm: Dispensary Operations
9pm – 10pm Closing Procedures (Dispensary) – Not Open to Public
Manufacturing Hours of Operation
8am – 8pm Manufacturing Operations
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POLICY NAME OPENING AND CLOSING PROCEDURES
APPLICABLE LAW An Element 7 Internal Practice.
POLICY OBJECTIVE To ensure that Element 7 managers and staff adhere to a
streamlined system for day-to-day operations at the retail facility.
ELEMENT 7 CORE VALUE 'Consistency is Everything'
SOP PROCEDURES Daily Business Schedule
- Opening Procedures
- Mid-day Procedures
- Closing Procedures
Daily Business Schedule
The following proposed schedule represents the general daily tasks that will take
place at the business location.
Opening Procedures
• The Manager will unlock the Dispensary and Offices section of the business
each morning at 8am.
• The Manager will be accompanied by a security guard when unlocking and
entering the business (a guard will be at the premises 24 hours a day).
• Upon entering the building, the Manager will conduct the following tasks:
1. Disarm the alarm
2. Turn on all lights
3. Check the phone for messages
• The Head of Retail will be scheduled to arrive approximately 15 minutes after
the Manager. Once the employees arrive, they will be responsible for
managing their own departments and operations, reviewing inventory levels,
monitoring and checking overnight data, preparing upcoming schedules for
the day and week, and assigning employees to tasks as they arrive for work.
Mid-Day Procedures
• Throughout the work day, the manager may conduct the following tasks:
1. Assist employees with processing orders and ensuring that they are
properly designated/assigned.
2. Update the track-and-trace system as necessary.
3. Receive shipments with the assistance of another employee.
• Salespersons will be responsible providing excellent customer service and
processing orders.
• During operating hours, the security guard will be walking the perimeter of the
property and present in the facility, from time- to-time.
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Closing Procedures
• The General Manager will ensure that all cannabis and cannabis products
are securely stored.
• The facility be dusted, sweep, mopped, etc. as needed.
• The General Manager will ensure that all doors, safes, and vaults are locked
and secured.
• All benches and surfaces will be cleaned and wiped. All equipment will be
turned off and cleaned.
• All non-cannabis trash will be taken to the dumpster and sorted for recycling.
• All lights will be shut off.
• The General Manager will arm the alarm.
• The General Manager will lock and exit the building.
The General Manager will be accompanied by a security guard when locking and
exiting the retail store. The security guard will escort the General Manager to their
car.
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POLICY NAME AGE RESTRICTION AND VERIFICATION
APPLICABLE LAW Pursuant to the California Code of Regulations §5031, §5400,
§5404 and §5415 Element 7 directors, officers and management
will adhere to both local and state laws and regulations as it
relates age restrictions at the facility in the City of Ukiah.
POLICY OBJECTIVE To protect children and young adults from entering the Element 7
facility, and ensure that all patients, primary caregivers, customers
and employees meet both the local and state age requirements.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES Employee Age Restriction
Age Verification
Employee Age Restriction
• Element 7 will not employ or retain persons under 21 years of age.
Age Verification
• Electronic age verification will be utilized to determine the age of any
individual attempting to purchase cannabis goods. All employees will be
instructed on its use.
• Cannabis will not be sold to the public without electronic age verification.
• Dispensary employees will verify the age and identity of the recipient of the
cannabis goods at purchase.
• Cannabis goods will only be received by the customer. The employee will
scan the customers valid identification card and verify that the individual is 21
years of age or older.
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POLICY NAME SIGNAGE POLICIES
APPLICABLE LAW Pursuant to the California Code of Regulations §5040(b); Business
and Professions Code §5200 and the City of Ukiah (Insert
ordinance) the Element 7 facility will adhere to both local and
state laws and regulations as it relates to signage in the City of
Ukiah.
POLICY OBJECTIVE To inform visitors, contractors, patients, primary caregivers,
customers and staff of Element 7' protocols both inside the facility,
and the area surrounding the facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Signage Policies
SIGNAGE POLICIES
Element 7 will install facility signage once approved by the City of Ukiah, such as the
main building sign, in a manner that clearly establishes it is a dispensary, but is not
overly obtrusive, obstructive, or offensive in nature.
The following signage will be displayed prominently within the business in
measurements of not less than 8 x 10 inches in a minimum of 24-point font, stating:
1.“The sale or diversion of cannabis or cannabis products without a license
issued by the City of Ukiah is a violation of State law and the Ukiah Municipal
Code.”
2.“Smoking, ingesting or consuming marijuana on the premises or in the vicinity
of the dispensary is prohibited.”
3.“No one under the age of twenty-one will be allowed on the premises.”
4.“The hours of operation for an authorized dispensary will be limited to
between seven a.m. (7am) to ten p.m. (10pm).”
5.“Secondary sale, barter, or distribution of cannabis or cannabis products
purchased from Element 7 is a crime and can lead to arrest.”
6.“Patrons must immediately leave the premises and not consume cannabis or
cannabis products until at home or in an equivalent private location. Staff will
monitor the location and vicinity to ensure compliance.”
7.“These premises are continually monitored by CCTV cameras.”
8.“Loitering is strictly prohibited.”
This signage is designed to ensure that customers are managed and aware that
ingesting or smoking any cannabis products in the immediate vicinity of the building
is not allowed, thus limiting the impacts on surrounding businesses, and their
concerns.
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POLICY NAME ADVERTISING AND MARKETING POLICIES
APPLICABLE LAW Pursuant to the California Code of Regulations §5040, §5041-
5041.1; Business and Professions Code §5200 and the City of Ukiah
(Insert ordinance) the Element 7 facility will adhere to both local
and state laws and regulations as it relates signage in the City of
Ukiah.
POLICY OBJECTIVE To compliantly market the Element 7 brand to new and existing
patients, primary caregivers and customers in the City of Ukiah.
ELEMENT 7 CORE VALUE 'Excellence in Everything We Do'
SOP PROCEDURES Ethical Advertising and Marketing
Ethical Advertising and Marketing
Element 7 will direct all advertising efforts towards cannabis customers only. The
company logo and all produced marketing materials will be non-offensive and
designed to be informative, not just about deals and product placement.
Element 7 will place advertisements strategically and deliberately and will not use
large billboards or obtrusive signage in company campaigns unless a sign permit has
been issued to the company and permitted by law.
Element 7 marketing materials will not be located within 1,000 feet of a Treatment
Center, Day Care Center, K-12th school, Youth Center, Youth-Oriented Facility, or
Public/Private Park (Ukiah Municipal Code).
In addition, Element 7 will gear its social media presence towards the responsible use
of cannabis. As such, pages will include full disclaimers that products shown are for
educational/promotional purposes, are intended for cannabis customers, and are
not for sale through the outlet on which they are shown.
Advertising and marketing of the Element 7 brand will not contain any depictions of
an individual under 21 years of age, nor will advertising and marketing be attractive
to youth (as per the Municipal Code).
All Element 7 advertisements will comply with the Ukiah Municipal Code, County,
State, and Federal Communications Commission (FCC) regulations.
Element 7 will update all ethical advertising practices to maintain compliance with
the law and address any further concerns expressed by the public as referenced
above.
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POLICY NAME SALES LIMITS
APPLICABLE LAW Pursuant to the California Code of Regulations §5409 Element 7
retail staff will adhere to both local and state laws and regulations
as it relates to the daily sales limits in the City of Ukiah.
POLICY OBJECTIVE To ensure that the Element 7 retail staff are providing patients,
primary caregivers and customers with the correct amount of
cannabis or cannabis goods in compliance with local and state
laws and regulations.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Sales Limits
Sales Limits
• Element 7 will not sell no more than 28.5 grams of non-concentrated
Cannabis in a single day to a single customer.
• Element 7 will not sell no more than 8 grams of Cannabis Concentrate,
including Cannabis Concentrate contained in Cannabis Products, in a single
day to a single customer.
• Element 7 will not sell no more than 6 immature Cannabis plants in a single
day to a single customer.
• Element 7 will not sell edible Cannabis Products containing more than 10
milligrams of THC per serving.
• Element 7 will not sell edible Cannabis Products containing more than 100
milligrams of THC per package.
• Element 7 will not sell Cannabis Products that is in the shape of a human
being, either realistic or caricature, animal, insect, or fruit.
• Element 7 will not sell Cannabis-infused beverages or powder, gel, or other
concentrate with instruction for the preparation of Cannabis-infused
beverages.
• Element 7 will not provide free Cannabis or Cannabis Products to any Person.
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POLICY NAME TRACK AND TRACE
APPLICABLE LAW Pursuant to the California Code of Regulations § 5048-5051;
Business and Professions Code Section 26013, 26067, 26070, 26160
and 26161.
POLICY OBJECTIVE To ensure that any cannabis handled, managed or sold by
Element 7 is tracked and traced at every point of the inventory
management process.
ELEMENT 7 CORE VALUE 'Trusted'
SOP PROCEDURES Track and Trace Operations
- Service Provider
- Track and Trace Systems Procedures
- Track and Trace Data
- Destruction and Disposal of Cannabis
- Loss of Connectivity
- System Reconciliation
Track and Trace System Provider
Element 7 uses FlowHub as its primary point-of-sale or management inventory
tracking system to track and report on all aspects of the commercial cannabis
business including, but not limited to, such matters as cannabis tracking, inventory
data, gross sales (by weight and by sale), time and date of each sale, etc.
Track and Trace Procedures
• Element 7 will have in place a point-of-sale or management inventory
tracking system to track and report on all aspects of the commercial
cannabis business including, but not limited to, such matters as cannabis
tracking, inventory data, gross sales (by weight and by sale), time and date
of each sale, etc.
• All transactions will be entered into the track and trace system by 11:59 p.m.
Pacific Time, on the day the transaction occurred.
• Element 7 will only enter and record complete and accurate information into
the track and trace system, and will correct any known errors entered into the
track and trace system immediately upon discovery.
• Element 7 will record in the track and trace system, all commercial cannabis
activity, including any:
1. Packaging of cannabis goods.
2. Sale of cannabis goods.
3. Transportation of cannabis goods to a licensee.
4. Receipt of cannabis goods.
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5. Return of cannabis goods.
6. Destruction and disposal of cannabis goods.
7. Laboratory testing and results.
8. Any other activity as required by any other licensing authority.
• The following information will be recorded for each activity entered in the
track and trace system:
1. Name and type of the cannabis goods.
2. Unique identifier of the cannabis goods.
3. Amount of the cannabis goods, by weight or count.
4. Date and time of the activity or transaction.
5. Name and license number of other licensees involved in the activity or
transaction.
6. If the cannabis goods are being transported Element 7 will transport
pursuant to a shipping manifest generated through the track and
trace system as well as:
a) The name, license number, and premises address of the
originating licensee.
b) The name, license number, and premises address of the licensee
transporting the cannabis goods.
c) The name, licensee number, and premises address of the
destination licensee receiving the cannabis goods into inventory
or storage.
d) The date and time of departure from the licensed premises and
approximate date and time of departure from each subsequent
licensed premises, if any.
e) Arrival date and estimated time of arrival at each licensed
premises.
f) Driver’s license number of the personnel transporting the
cannabis goods, and the make, model, and license plate
number of the vehicle used for transport.
Destruction and Disposal of Cannabis
● If cannabis goods are being destroyed or disposed of, the licensee will record
in the track and trace system the following additional information:
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1. The name of the employee performing the destruction or disposal.
2. The reason for destruction or disposal.
3. The name of the entity being used to collect and process cannabis
waste.
● Description for any adjustments made in the track and trace system,
including, but not limited to:
1. Spoilage or fouling of the cannabis goods.
2. Any event resulting in exposure or compromise of the cannabis goods.
3. Any other information as required by any other applicable licensing
authorities.
Loss of Access
● If at any point Element 7 loses access to the track and trace system for any
reason, Element 7 will prepare and maintain comprehensive records detailing
all commercial cannabis activities that were conducted during the loss of
access.
● The licensee will both document and notify licensing authorities immediately:
1. When access to the system is lost;
2. When it is restored; and
3. The cause for the loss of access.
● Element 7 will submit the Notification and Request Form, BCCLIC-027 when
connectivity is lost.
● Once access is restored, all commercial cannabis activity that occurred
during the loss of access will be entered into the track and trace system within
three (3) business days of access being restored.
● Element 7 will not transport, transfer or deliver any cannabis goods until such
time as access is restored and all information recorded in the track and trace
system.
System Reconciliation
Element 7 will reconcile the physical inventory of cannabis goods at the licensed
premises with the records in the track and trace database at least once every 14
days. If Element 7 finds a discrepancy between its physical inventory and the track
and trace system database, the licensee will conduct an audit.
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POLICY NAME CANNABIS INVENTORY CONTROL POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5423-5324
Element 7 management and staff will adhere to both local and
state laws and regulations as it relates to inventory control in the
City of Ukiah.
POLICY OBJECTIVE To ensure that any cannabis handled, managed or sold by
Element 7 is managed and accounted for in the most efficient
and effective manner possible.
ELEMENT 7 CORE VALUE 'Consistency'
SOP PROCEDURES Inventory Control
- Inventory Control Practices
- Monthly Inventory Procedure
- Inventory Discrepancies
Inventory Control Practices
● Element 7 will be using industry specific tracking software – preferred choice is
FLowHub and METRC, the State approved tracking system. To the extent any
employee will be using the system, employees will be trained and given a
specific passcode to access the system. An employee must NEVER share or
disseminate the passcode to any third party or other employee. An employee
must NEVER allow another employee to access the inventory control system
with their unique passcode.
● The Data Management System is designed to track data in each phase that
is carried forward throughout the entire process chain of the seed-to-sale
system - growth, harvesting, processing, packaging, order fulfilment, shipping,
sale & payment of the medical cannabis, so that the medical cannabis can
be traced forward through the entire process and backward from the point
of sale back to the clone and mother from which the product was produced.
● The software and backup data assures instant access to all information that
has been gathered and maintained. The system is specifically designed to
record and report information to prevent diversion of the products and theft
while maintaining product quality, product consistency, making the
employees accountable for the tasks they undertake, while simultaneously
providing all regulatory information quickly and efficiently, and providing
management with key information and storing such information for the
requisite time periods.
● All cannabis will be kept in a safe, locked access-controlled area. This area
will have the highest and tightest security restrictions in the Facility and will
only be accessible by the Shift Manager and General Manager. No other
persons will be allowed to access this room at any time, without exceptions.
Employee theft and/or diversion of medical cannabis, regardless of the
amount, is grounds for immediate termination and will not be tolerated.
Offenders will be reported to the Police.
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Monthly Inventory Audits
On the first of each month a complete inventory audit according to generally
accepted accounting principles of usable and unusable medical marijuana will be
taken by the inventory control manager and documented in the inventory log. All
usable and unusable products will be accounted for.
Inventory Discrepancies
●Element 7 will verify that the physical inventory at the facility is consistent with
the its records pertaining to inventory. If for any reason the inventory counts
do not match those entered into the database due to suspected criminal
activity by an employee, Element 7 will immediately contact local law
enforcement authorities and the Bureau.
●Inventory discrepancies not due to criminal activity will be documented by
the General Manager. Element 7 will investigate the source of the difference,
those suspected to be involved and take and document corrective action.
●Inventory counts are taken very seriously and any discrepancy in numbers is
of the utmost importance to Element 7.
●All documentation of inventory count discrepancy will be available to the
General Manager, the Head of Security and relevant external Tax Authorities.
Records Retention
●All cannabis inventory including each day’s beginning inventory, acquisitions,
sales, disbursements, disposal of unusable cannabis, and ending inventory will
be taken daily.
●All daily, weekly and monthly inventory logs will be kept at the Delivery facility
for 5 (five) years from the date of the document and will be available to the
City for review upon request.
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POLICY NAME DATA MANAGEMENT
APPLICABLE LAW Pursuant to the California Code of Regulations §5048 and §5051
in association with an Element 7 Internal Policy. Element 7
management and staff will adhere to both local and state laws
and regulations as it relates to data management in the City of
Ukiah
POLICY OBJECTIVE To ensure that privacy records, financial records, cost tracking
and analysis, inventory levels and compliance data are safely
and securely stored within the cloud software.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Data Management
Data Reconciliation
Data Management
Data will be stored by Element 7 using industry specific cloud storage software. Our
first priority is to ensure that such system provides secure electronic access to health
data that is compliant with privacy rules and HIPAA Compliance (Health Insurance
of Portability and Accountability Act). HIPAA Compliance ensures that data could
never be released without either the patients written consent or by court subpoena.
Data is stored at an off-site HIPAA-Compliant Data Storage Centre and is SSL
Encrypted.
Specifically, we will also ensure that any Data Storage and Web-Hosting Services
have:
1. A signed Business Associate Agreement (BAA)
2. Monthly vulnerability scans of your servers
3. Mitigation of the vulnerabilities discovered by the monthly vulnerability scans
4. Server hardening
5. Off-site backups
6. Log retention of 6 years
A licensed CFO is retained and employed by Element 7 to ensure that appropriate
financial systems, policies, procedures and accounts are maintained accurately by
the Company. GAAP Accounting Procedures shall be used. An independent and
certified 3rd party auditor shall also be appointed for annual accounting
compliance and audit checks.
Data Reconciliation
The key is to gather information at specific points in the process and then reconcile
that information such that the continuous flow and custody of the cannabis product
can be monitored and measured. Such information is used at two levels.
• First, for regulatory reporting purposes.
• Second, as a management tool for making important decisions about the
overall efficiency of the operation.
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To that end, information such as cost tracking and analysis, inventory levels and
compliance data is entered into the Data Management System and recorded. Any
differences between expected and actual values or counts are immediately
highlighted and addressed. Further, using various software privileges, individual
employees are held accountable for their tasks and any issues that may arise in
fulfilling those tasks. Each employee is given a specific password, such that his/her
work input can be monitored and corrected, if necessary.
The software systems have a redundancy of backup. Data is stored in secured
hardware off-site cloud storage servers (HIPAA-Compliant process), using the latest
in encryption technology. All data collected is time and date specific, identified by
the employee inputting the data and stored for at least the time required by the
State rules. Further, backup data is taken at regular intervals and stored off-site in
secondary secure locations using portable hard drives. The result is a highly secure,
data processing system with redundancy of operations and storage built in.
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POLICY NAME RECORDS RETENTION
APPLICABLE LAW Pursuant to California Code of Regulations §5037 and §5426.
Element 7 management and staff will adhere to both local and
state laws and regulations as it relates to record retention in the
City of Ukiah.
POLICY OBJECTIVE To ensure that Element 7 management, officers and employees
keep and consistently maintain all records related to commercial
cannabis activity at the premises.
ELEMENT 7 CORE VALUE 'Accountability'
SOP PROCEDURES Record Overview
- Record Retention
- Employee Records
- Records Management
Records Retention
Element 7 will keep and maintain the following records related to commercial
cannabis activity for at least seven years:
● Financial Records including, but not limited to, bank statements, sales
invoices, receipts, tax records, and all records required by the California
Department of Tax and Fee Administration.
● Personnel Records including each employee’s full name, social security or
individual taxpayer identification number, date employment begins, and
date of termination of employment if applicable.
● Training Records including but not limited to the content of the training
provided, and the names of the employees that received the training.
● Contracts with other licensees regarding commercial cannabis activity,
including the source(s) of all products.
● Permits, Licenses, and Other Local Authorizations to conduct the licensee’s
commercial cannabis activity.
● Security Records except for surveillance.
● Cannabis Records relating to the composting or destruction of cannabis
goods.
● Documentation for Data or information entered into the track and trace
system.
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● Other Documents prepared or executed by an owner or his employees or
assignees in connection with the licensed commercial cannabis business.
● Accurate Books and Records in an electronic format, detailing all of the
revenues and expenses of the business, and all of its assets and liabilities.
● Employee Register containing the names and the contact information
(including the name, address, and telephone number) of anyone owning or
holding an interest in Element 7, and separately of all the officers, managers,
employees, and agents currently employed or otherwise engaged by
Element 7.
● Accurate Record of Sale for every sale made to a customer. A record of a
cannabis goods sale will contain the following information:
a) The first name and employee number of the retailer employee who
processed the sale;
b) The first name of the customer and a retailer assigned customer
number for the person who made the purchase;
c) The date and time of the transaction;
d) A list of all the cannabis goods purchased, including the quantity
purchased; and
e) The total amount paid for the sale including the individual prices paid
for each cannabis good purchased and any amounts paid for taxes.
Employee Records
Element 7 will keep the following records of each of its employees on file at the
premises of the business:
● Name, address, and phone number of the employee;
● Age and verification of employee. A copy of a birth certificate, driver's
license, government issued identification card, passport or other proof that
the employee is at least twenty- one (21) years of age must be on file with the
business;
● A list of any crimes enumerated in California Business and Professions Code
Section 26057(b)(4) for which the employee has been convicted;
● Name, address, and contact person for all previous employers of the
employee for the last ten (10) years, including, but not limited to, all
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employers from which the employee was fired, resigned, or asked to leave
and the reasons for such dismissal or firing;
● The fingerprints and a recent photograph of the employee;
● Verification that the employee is a qualified customer or primary caregiver, if
applicable.
Financial Records
An appropriate Financial Software (e.g., QuickBooks) shall be installed and
mandated for use by Element 7 with all revenues, expenses, assets and liabilities,
accounted for. Annual records (or as requested) shall be made available to the City
detailing all sales revenue on a per month basis. Taxes shall be estimated at agreed
City rates and paid on time to all Local and State Tax Authorities.
Records Management
Records will be kept in a manner that allows the records to be produced for
licensing authorities at the licensed premises in either hard copy or electronic form.
Records shall be maintained off-site, in electronic form on a secure SLL-encrypted
server and secured and verified by the Head of Compliance for Element 7 as
needed (consistent with requirements pertaining to patient confidentiality pursuant
to applicable state and federal law).
All records required to be maintained by the business will be maintained for no less
than three (3) years and are subject to immediate inspection by approved City
Officials.
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POLICY NAME AUDITING PROCEDURES
APPLICABLE LAW Pursuant to the California Code of Regulations §5800 (c-e) and
Element 7 Internal Policies. Element 7 officers, management and
staff will adhere to both local and state laws and regulations as it
relates to auditing procedures in the City of Ukiah.
POLICY OBJECTIVE To ensure accuracy of Element 7' systems and processes at the
licensed facility in the City of Ukiah.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Auditing Procedures
- Internal Auditing
- External Auditing
- City Audit Access
Internal Auditing
A dedicated and full-time internal audit, regulation and compliance management
team will ensure that all operations are in adherence to both City and State Laws
regarding all aspects of the cannabis operations.
Any standards will meet or exceed City and State Regulations and any changes
must be approved by the Head of Compliance.
External Auditing
A dedicated third-party group (Marcum Group) has been appointed to conduct an
annual audit of Element 7's financial records.
City Audit Access
Element 7 will fully cooperate with City officials in a timely and efficient manner to
allow the City to have access to its books, records, accounts, together with any
other data or documents relevant to its Commercial Cannabis Activities, for the
purpose of conducting an audit or examination. Books, records, accounts, and any
and all relevant data or documents will be produced no later than 24 hours after
receipt of the City’s request, unless otherwise stipulated by the City.
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POLICY NAME ANNUAL REVIEWS
APPLICABLE LAW An Element 7 Internal Policy.
POLICY OBJECTIVE To provide transparency to the City of Ukiah as it relates to
Element 7' internal processes, records, community engagement,
security measures, labor and employment and site management
at the facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Annual Review
Annual Review
Element 7 will submit an Annual Performance Review Report for review and approval
by the City Manager, Development Services Director, and Head of Planning at the
City of Ukiah.
This Annual Performance Review Report will cover all financials, labor and
employment, community engagement, localization initiatives, security measures
and initiatives, odor control initiatives, environmental initiatives and site
management procedures implemented and executed by Element 7.
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POLICY NAME RIGHT OF ACCESS
APPLICABLE LAW Pursuant to the California Code of Regulations §5800 (c-e) and
Element 7 Internal Policies. Element 7 officers, management and
staff will adhere to both local and state laws and regulations as it
relates to right of access in the City of Ukiah.
POLICY OBJECTIVE To provide transparency to the City of Ukiah as it relates to
Element 7 granting full access to the premises and records at the
facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Right of Access
Right of Access
Element 7 understands that the company is required to allow City officials,
employees, and their designees full access to the premises and records as per the
Ukiah Municipal Code.
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POLICY NAME PACKAGING POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5303 and §5412-
5413. Element 7 management and staff will adhere to both local
and state laws and regulations as it relates to packaging in the
City of Ukiah.
POLICY OBJECTIVE To ensure packaging is compliant throughout the entire life-cycle
of the cannabis and/or cannabis product.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Packaging Overview
- Packaging Practices: Dispensary and Delivery Operations
- Packaging Practices: Distribution Operations
- Packaging Practices: Manufacturing Operations
Label Content for Cannabis and Cannabis-Derived Products
Informational Panel Labeling
Child-resistant Packaging
New and First-Time Cannabis Users (Additional Packaging)
Packaging Regulations
All packaging will meet the requirements of California Business and Professions Code
section 19347 and as a best practice, Element 7 will also meet the packaging
requirements as outlined by the following standards:
• Poison Prevention Packaging Act (PPPA), Title 16, Part 1700;
• Code of Federal Regulations, Title 40, part 157.2; and
• American Society for Testing and Materials (ATSM) D3475-15.
Packaging Practices: Dispensary Operations
● Any edible cannabis or edible cannabis products sold on-site shall be
labelled and placed in tamper-evident packaging which meets the
requirements of the Bureau of Cannabis Control (BCC) as may be amended
from time-to-time or superseded or replaced by subsequent State legislation
or by any department or division of Ukiah.
● All items to be sold or distributed shall be individually wrapped at the original
point of preparation by the business permitted as a commercial cannabis
manufacturer. Labeling must include a warning if nuts or other known
allergens are used, and must include the total weight (in ounces or grams) of
cannabis in the package.
● A warning that the item is a medication and not a food will be clearly legible
on the front of the package and/or must comply with state packing
requirements.
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● The package will have a label warning that the product is to be kept away
from children. The label will also state that the product contains cannabis and
must specify the date of manufacture.
● Any edible cannabis product that is made to resemble a typical food
product must be in a properly labelled opaque (non-see-through) package
before it leaves the commercial cannabis manufacturing business.
Packaging Practices: Manufacturing Operations
A package used to contain a cannabis product will adhere to the following
requirements:
o The package will protect the product from contamination and will not expose
the product to any toxic or harmful substance.
o The package will be tamper-evident, which means that the product will be
packaged in packaging that is sealed so that the contents cannot be
opened without obvious destruction of the seal.
o The package will be child-resistant. A package will be deemed child-resistant
if it satisfies the standard for “special packaging” as set forth in the Poison
Prevention Packaging Act of 1970 Regulations (16 C.F.R. §1700.1(b)(4)) (Rev.
December 1983), which is hereby incorporated by reference.
o The package will not imitate any package used for products typically
marketed to children.
o If the product is an edible product, the package will be opaque.
o If the package contains more than one serving of cannabis product, the
package will be re-sealable so that child-resistance is maintained throughout
the life of the package.
Label Content for Cannabis and Cannabis-Derived Products
• Each packaged and labeled product must bear on the label of its primary
packaging in a type size no less than 6 point:
o The identity of the product in a text size reasonably related to the most
prominent printed matter on the panel;
o The universal symbol as prescribed in Section 40412;
o The net weight or volume of the contents of the package;
o The THC content and CBD content for the package in its entirety,
expressed in milligrams per package;
o Name and place of business of the manufacturer or distributor.
• In addition to the above requirements, for edible products, each product
label must contain a "Product Facts" box listing quantitative content and
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nutrient information relevant to the product, including, as applicable to the
product’s content:
o The words “cannabis-infused” immediately above the identity of the
product in bold type and a text size larger than the text size used for
the identity of the product.
o The THC content and CBD content per serving, expressed in milligrams
per serving.
Informational Panel Labeling
The label for a cannabis product will include an informational panel that includes
the following:
● The licensed manufacturer and its contact number or website address;
● The date of the cannabis product’s manufacture and packaging;
● The following statement in bold print: “GOVERNMENT WARNING: THIS
PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE.
KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY
ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER
UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF
CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE
WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF
CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION.”
● If the cannabis product is intended for sale in the medicinal-use market, the
statement “FOR MEDICAL USE ONLY;”
● A list of all product ingredients in descending order of predominance by
weight or volume;
● If the edible cannabis product contains an ingredient, flavoring, coloring, or
an incidental additive that bears or contains a major food allergen, the word
“contains,” followed by a list of the applicable major food allergens;
● If an edible cannabis product, the names of any artificial food colorings
contained in the product;
● If an edible cannabis product, the amount, in grams, of sodium, sugar,
carbohydrates, and total fat per serving;
● Instructions for use, such as the method of consumption or application, and
any preparation necessary prior to use;
● The product expiration date, “use by” date, or “best by” date, if any; and
● The UID and, if used, the batch number.
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Child Resistant Packaging
● Element 7 will draw its definition for child-resistant packaging from the PPPA.
The Act defines child-resistant packaging as “designed or constructed to be
significantly difficult for children under five years of age to open and not
difficult for normal adults to use properly.”
● Prior to delivery by or sale at Element 7, BudTenders and Dispatch staff will
package cannabis products in tamper-proof, child-resistant packaging, then
label the packages. Labels will include a unique identifier, which will originate
from manufacturers and cultivators for the purpose of identifying and tracking
medical and adult-use cannabis.
● Child-resistant packages will not be attractive to children, nor will any
package be sold that is not child-resistant, unless otherwise exempted by
regulation. Milkman will only use generic food names on labels to describe
edible medical cannabis products.
New and First-Time Cannabis Users (Additional Packaging)
Each package of medical cannabis sold will include a patient educational-safety
insert. The insert will advise patients and customers on the following:
● Method or methods of administering individual doses of medical cannabis;
● Any potential dangers stemming from the use of medical cannabis;
● How to recognize what may be problematic usage of medical cannabis and
how to obtain treatment for problematic usage;
● The side effects and contraindications associated with medical cannabis, if
any, which may cause harm to the patient; and
● How to prevent or deter the misuse of medical cannabis by children.
It is a primary goal of Element 7 to ensure that all patients, caregivers and customers
are fully informed about their medicine and cannabis. Element 7 BudTenders will
welcome any question or potential concerns they have about information
contained on labels and inserts, including how to access company information in
languages other than English. Element 7 will contract with a translation service and
use translation software to create safety inserts for patients in multiple languages.
Providing multi-lingual services to all customers will ensure that Element 7 operates
with a spirit of inclusiveness and patient-focused care.
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POLICY NAME STORAGE AND HANDLING POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5033,§5044(c)(2),
§5301. Element 7 management and staff will adhere to both
local and state laws and regulations as it relates to storage and
handling in the City of Ukiah.
POLICY OBJECTIVE To ensure cannabis and cannabis products are safe and secured
in order to protect against deterioration, contamination and
product diversion.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Storage Procedures
- Storage and Handling
- Withholding Materials from Use or Distribution
Storage Procedures
● Element 7 will store all cannabis and cannabis goods in a safe, vault, or
secured room in order to prevent diversion, theft, or loss.
● Element 7 will store cannabis goods in a building designed to permit control
of temperature and humidity and will prevent the entry of environmental
contaminants such as smoke and dust.
● The area in which cannabis goods are stored will not be exposed to direct
sunlight.
● Element 7 will not store cannabis goods outdoors.
Storage and Handling
• Components, packaging components, in-process materials, and products
must at all times be handled, stored, and distributed in a manner to avoid
deterioration, prevent contamination, and avoid mix-ups. Where necessary,
appropriate conditions of temperature, humidity, and light must be
established and maintained so that the identity, purity, strength, and
composition of components, in-process materials, and products are not
affected, and that adulteration is prevented.
• Containers of components, packaging components, in-process materials,
and product must be stored off the floor and suitably spaced to permit
cleaning and inspection.
• Components, in-process materials, and products that can support the rapid
growth of microorganisms of public health significance must be held in a
manner that prevents them from becoming adulterated.
• Labels, labeling, cannabis, cannabis-derived products, and cannabis waste
must be stored in a controlled access area.
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• Components, packaging components, and products must be used or
distributed in a manner whereby the oldest batches or lots are used or
distributed first. Deviation from this requirement is permitted if such deviation is
temporary and appropriate.
Withholding Materials from Use or Distribution
• Manufacturing, packaging, and labeling operations must establish and
implement written procedures for quarantine of any lot, batch, or other
portion of component, packaging component, in-process material, or
product whose suitability for use or distribution is in question, to prevent its use
and distribution pending disposition by quality control personnel. This includes:
o Newly received components and packaging components for use in
manufacturing, packaging and/or labeling;
o Batches newly completed in production;
o Product returned to the operation for any reason;
o Components, packaging components, in-process materials, or
products that are or may be contaminated or adulterated; or
o Components, packaging components, in-process materials, or
products that are under investigation by quality control personnel for
any other reason.
• Rejected components, packaging components, in-process materials, finished
product, cannabis waste, and rejected labels and labeling (including any
excess labeling bearing lot, batch, or control numbers which is not
immediately destroyed after packaging operations are complete) must be
appropriately segregated, controlled, and held in a controlled access area
pending destruction or other disposal.
• Cannabis waste other than cannabis and cannabis-derived product that is
rejected and returned to the vendor, and rejected labels and other labeling,
must be destroyed in a manner which prevents unauthorized use. Destruction
of any cannabis waste must be documented and witnessed by at least two
workers, one of whom must be supervisory, managerial, or quality control
personnel; except that if video surveillance is used, only one worker is
necessary. Destruction may include composting.
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POLICY NAME COMPLAINTS, RETURNS AND RECALL POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5410 Element 7
management and staff will adhere to both local and state laws
and regulations as it relates complaints, returns and recalls at the
facility in the City of Ukiah.
POLICY OBJECTIVE To provide a high level of customer service to patients, primary
caregivers and customers who may want to complain or return
cannabis /cannabis products purchased at our facility. In the
event of a recall, Element 7 management and staff will be able
to execute the process seamlessly by adhering to this policy.
ELEMENT 7 CORE VALUE 'Trust is Earned, Not Given'
SOP PROCEDURES Customer Satisfaction
- Complaints
- Returned Products
- Recall Procedures
KPI's - All complaints must be acknowledged within 24-hours of
receiving such complaint.
- All complaints must be dealt with and completed within 72-
hours of receiving such complaint.
CUSTOMER SATISFACTION
Element 7 has a complaint, returns, and recalls policy that is fair, just, and flexible
(where needed) to deal with customer issues immediately. The policy has been
designed to put customers first and adapt to the numerous circumstances where
required to ensure that our patients and customers are managed fairly and justly.
The policy is rigid where it needs to be, particularly in relation to Product Recalls
where there is minimal, or no, flexibility for front-line retail sales staff.
Complaints
• Element 7 appoints the General Manager as the qualified person that will
receive all customer complaints. The General Manager must notify Element
7's Head of Compliance within 12-hours of any complaint by completing a
"Complaint Notice" form which records the time, date, name, location and
situation, regarding where the complaint was received (eg., phone, in-store,
online etc.)
• Once a complaint is received, Element 7's Head of Compliance (Amber
Norwood) will determine the following:
o Receive and review product complaints to determine whether the
product complaint involves a possible failure of a product to meet any
of its specifications, or any other requirements, including but not limited
to those specifications and other requirements that, if not met, may
result in a risk of illness or injury; and
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o Investigate any product complaint that involves a possible failure of a
product to meet any of its specifications, or any other requirements of
this part, including but not limited to those specifications and other
requirements that, if not met, may result in a risk of illness or injury.
• The Head of Compliance is responsible for sending an initial 'Complaint
Received' note to the person that made the complaint. Our Internal KPI for
sending this note is within 24-hours of the complaint being received.
• The Head of Compliance will review and approve decisions about whether to
investigate a product complaint and review and approve the findings and
follow-up action of any investigation performed. This will be managed weekly
in coordination with the General Manager for the Facility where the
complaint was received.
• The review and investigation of the product complaint, and the review by the
Head of Compliance about whether to investigate a product complaint, and
the findings and follow-up action of any investigation performed, must extend
to all related batches and relevant records. Related batches may include,
but are not limited to, batches of the same product, other batches processed
on the same equipment or during the same time period, or other batches
produced using the same batches or lots of components or packaging
components.
• A written record of the complaint, and where applicable, its investigation
must be kept, including:
o Identity of the product;
o Batch, lot or other control number of the product;
o Date the complaint was received and the name, address, or
telephone number of the complainant, if available;
o Nature of the complaint including, if known, how the product was
used;
o Names of personnel who do the following:
(i) Review and approve the decision about whether to investigate
a product complaint;
(ii) Investigate the complaint, and
(iii) Review and approve the findings and follow-up action of any
investigation performed.
o Findings of the investigation and follow-up action taken when an
investigation is performed; and a Response to the complainant, if
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applicable, which should be sent no later than 72-hours after the
complaint was received.
• The procedure for a product complaint that includes a report of an adverse
event (an adverse event is a health-related event associated with use of a
product that is undesirable, and that is unexpected or unusual), includes the
following:
o Reporting to any public health authority;
o Reporting to the physician of record for the individual reported to have
experienced the adverse event, if known; and
o Product recall.
Returned Products
• Manufacturing, packaging, and/or labeling operations must establish written
procedures describing the receipt, handling, and disposition of returned
cannabis or cannabis-derived products.
• Returned products must be identified as such and be quarantined upon
receipt.
• Returned product must be reviewed and approved or rejected by quality
control personnel.
• If the conditions under which returned product has been held, stored, or
shipped before or during its return, or if the condition of the product, its
containers, or labeling, as a result of storage or shipping, casts doubt on the
identity, purity, strength, composition, or freedom from contamination or
adulteration of the product, the returned product will be rejected unless
examination, testing, or other investigations prove the product meets
appropriate standards of identity, purity, strength, and composition and its
freedom from contamination or adulteration.
• If the reason a product is returned implicates associated batches, an
appropriate investigation must be conducted and must extend to all related
batches and relevant records. Related batches may include, but are not
limited to, batches of the same product, other batches processed on the
same equipment or during the same time period, or other batches produced
using the same components or packaging components. (f) Rejected
returned product returned to the manufacturing, packaging, labeling, and
holding operation must be destroyed as per section 7.3(c).
• A written record must be kept of the return, and where applicable its
investigation, including:
o Identity of the product;
o Batch, lot or other control number of the product;
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o Date the returned product was received;
o Name and address from which it was returned, and the means by
which it was returned;
o Reason for the return;
o Results of any tests or examinations conducted on the returned
product, or on related batches, if any;
o Findings of the investigation and follow-up action taken when an
investigation is performed;
o Any reprocessing performed on the returned product;
o The ultimate disposition of the returned product, and the date of
disposition; and
o Names of the quality control personnel who do the following:
(i) Review the reason for the product return;
(ii) Review and approve any reprocessing, as applicable, and
(iii) Review and approve the findings and follow-up action of any
investigation performed.
Recall Procedures
• Element 7 will establish and implement written procedures for recalling
cannabis products manufactured at the facility that are determined to be
misbranded or adulterated. These procedures will include:
o Factors which necessitate a recall;
o Personnel responsible for implementing the recall procedures; and
o Notification protocols, including:
(i) A mechanism to notify all customers that have, or could have,
obtained the product, including communication and outreach
via media, as necessary and appropriate;
(ii) A mechanism to notify any licensees that supplied or received
the recalled product; and
(iii) Instructions to the general public and/or other licensees for the
return and/or destruction of recalled product.
o Procedures for the collection and destruction of any recalled product. Such
procedures will meet the following requirements:
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(i) All recalled products that are intended to be destroyed will be
quarantined for a minimum of 72 hours. The licensee will affix to
the recalled products any bills of lading, shipping manifests, or
other similar documents with product information and weight.
The product held in quarantine will be subject to auditing by the
Department.
(ii) Following the quarantine period, the licensee will render the
recalled cannabis product unusable and unrecognizable and
will do so on video surveillance. A recalled cannabis product
that has been rendered unusable and unrecognizable is
considered cannabis waste and shall be disposed of.
(iii) Element 7 shall dispose of chemical, dangerous, or hazardous
waste in a manner consistent with federal, state, and local laws.
This requirement shall include but is not limited to recalled
products containing or consisting of pesticide or other
agricultural chemicals, solvents or other chemicals used in the
production of manufactured cannabis batches, and cannabis
soaked in a flammable solvent for the purpose of producing
manufactured cannabis batches.
(iv) Element shall not dispose of recalled cannabis product in an
unsecured area or waste receptacle that is not in the possession
and/or control of Element 7.
In addition to the tracking requirements, Element 7 shall use the track-and-trace
database and on-site documentation to ensure that recalled cannabis products
intended for destruction are identified, weighed, and tracked while on the licensed
premises and when disposed of. For recalled cannabis products, Element 7 shall
enter the following details into the track and trace database: the weight of the
product, reason for destruction, and the date the quarantine period will begin.
Lastly, Element 7 shall notify the Department of any recall within 24 hours of initiating
the recall.
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POLICY NAME COMPLIANCE MANAGEMENT
APPLICABLE LAW An Element 7 Internal Policy.
POLICY OBJECTIVE To ensure all requirements for operating a compliant cannabis
operation in the City of Ukiah are implemented properly and are
in alignment with the City's requirements.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Managing Compliance with Local and State Laws
Managing Compliance with Local and State Laws
The General Manager is the head of the business and all commitments thereunder
including ensuring that all commitments to the City and State are being met.
Element 7 will ensure that all obligations, taxes, fees and other operational
procedures are in place.
Specifically, the General Manager will also ensure the following compliance
measures take place:
• Providing all necessary information and reports to local and state regulatory
agencies;
• Monitoring reports from the inventory control system;
• Tracking any discrepancies between known or expected values, counts,
weights or other information back to the source of the error;
• Providing input and implementing changes to protocols to correct errors,
and/or other deficiencies in the Facility operations;
• Monitoring shipping manifests, inventory levels, inventory weight amounts,
and other seed to sale tracking information;
• Interfacing with Security;
• Engaging local counsel when necessary; and
• Any other responsibilities required by management.
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POLICY NAME PERMIT DISPLAY POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5039 and the City
of Ukiah (Insert City Code) Element 7 management will comply
with both local and state regulations pertaining to the display of
permits and department licenses.
POLICY OBJECTIVE To ensure that all local and state permits and licenses are
properly displayed at the facility, in a manner requested by both
licensing authorities.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Permit Display
Permit Display
The original copy of any Cannabis Business Permit issued by the City pursuant to the
City of Ukiah Cannabis Ordinance, will be posted adjacent to the Lobby Entrance
located at the Facility (Ukiah 5.19.080 (M)).
Element 7 understands that Permits will be required to renew every 12 months with
both the City of Ukiah and State of California.
Filings will be placed at least 60 days before the existing Permit expires.
All applicable planning, zoning, building, and other applicable permits from the
relevant governmental agency which may be applicable to the zoning district in
which such commercial cannabis business intends to establish and to operate will
be obtained by Element 7 prior to any operations commencing.
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ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME NOISE REDUCTION POLICY
APPLICABLE LAW Pursuant to the Business and Professions Code §5808 (c)(2) and
Element 7 Internal Policies.
POLICY OBJECTIVE To create a peaceful and enjoyable environment around the
Element 7 facility. Element 7 management and staff will be good
stewards and neighbors in the Ukiah community.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Noise Reduction
Noise Reduction Policy
Element 7 has made plans to address concerns about noise emanating from its
facility. Element 7 will favor equipment that makes minimal noise in its facility and will
utilize other sound-dampening technologies.
Many of the security features Element 7 will use in the facility (such as reinforced
doors, windows, and walls) have the added bonus of being sound-dampening as
well.
Element 7 will design the facility so that any loud equipment in continuous use (such
as the air-filtration system) is located inside the building, on the roof, or properly
sound-proofed in order to minimize any disturbance it may cause neighbors.
Element 7's store hours will also serve to minimize the noise caused by customer
traffic, and all public events held by the company will take place, with city
permission, inside its facility during their normal business hours.
Element 7 will update all noise reduction practices to maintain compliance with the
law and address any further concerns expressed by the public.
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Attachment 4Page 122 of 259
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AGENDA ITEM NO. 12B
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
1
DATE: January 8, 2020
TO: Planning Commission
FROM: Mireya G. Turner, Associate Planner
SUBJECT: Request for Review for Major Use Permit with Major Exception to Allow Operation of
a Cannabis Microbusiness to Include Cultivation, Distribution, and Dispensary/Retail
in an Existing Building at 270, 272 & 274 East Smith Street; APN 002-191-23; File No.
19-4635.
SUMMARY
OWNER(S): Rob Gitlin
APPLICANT: Jay Donnellan, JPJ & Associates, LLC, dba Wine Country
Cannasseurs
LOCATION: 270, 272 & 274 East Smith Street; APN 002-191-23
TOTAL ACREAGE: ±0.63 acre (27,442 sf)
GENERAL PLAN: Commercial (C)
ZONING DISTRICT: General Urban (GU), Downtown Zoning Code
AIRPORT COMPATABILITY: B2 (Extended Approach/Departure)
ENVIRONMENTAL
DETERMINATION:
Categorical Exemption, pursuant to CEQA Guidelines Article
19 Section 15301,Existing Facilities
RECOMMENDATION: Conditional Approval (see Draft Findings in Attachment 1
and Draft Conditions of Approval in Attachment 2)
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Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
2
PROJECT DESCRIPTION AND BACKGROUND
An application was received from Jay Donnellan, of Wine Country Cannasseurs, for approval of
a Major Use Permit to allow a cannabis microbusiness within three suites of an existing
commercial structure. Each suite is approximately 1,800 sf. Expansion of the existing footprint is
not proposed. The project would include the following components. The application is included as
Attachment 3a and development plans are included as Attachment 3b.
Indoor Cultivation, Distribution, and Retail/Dispensary of recreational and medicinal
cannabis and cannabis products, including pre-rolls;
Nine secured, employee and delivery parking spaces (eight standard and one ADA) within
rear, fenced and locked parking lot; six additional parking spaces, accessed via an existing
driveway along East Smith Street;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features such as carbon air filters (see Attachment 3d);
Signage including one 45 sf “Wine Country Cannasseurs” sign, a 2’ 6” x 6’ “Parking” sign
located on Suite 262 (See Attachment 3b, Site Plans);
Seven ft sheet metal fencing with along North and West parcel boundaries, and enclosing
the Employee and Delivery Parking Area;
Cypress trees planted along Northern perimeter, on both project parcel and adjacent
mobile home park (See Site Plan in Attachment 3b);
Security features such as surveillance cameras, alarms, card reader entry, etc.;
Retail deliveries are proposed between 10:00 a.m. and 8:00 p.m. during operational hours;
Distribution deliveries are proposed between 10:00 a.m. and 4:00 p.m. daily;
Operating hours for Wine Country Cannasseurs would be as follows:
o Cultivation: Mon-Sun 9:00 a.m. to 9:00 p.m.
o Distribution: Mon-Fri 9:00 a.m. to 5:00 p.m.
o Retail/Dispensary: Mon, Tues, Thur-Sat 9:00 a.m. to 9:00 p.m. Wed 9:00 a.m. to
6:00 p.m. Closed Sundays.
The microbusiness will be staffed with 10-12 employees total (six maximum at any time).
The project parcel is positioned between North Main Street and Mason Street. The railroad tracks
are approximately 360 ft east of the parcel. Gibson Creek crosses the parcel in a box culvert
below the building. The existing building, with six suites was constructed in 1952. Previous uses
include various retail establishments, including appliance and floor covering sales, and a golf
shop. Two of the suites included in the project proposal are vacant, and one is currently operating
as a salon.
Two adjacent suites currently contain the Iglesia Pentecostal Unida. The parcel to the north
contains the Circle Trailer Park. The Applicant applied for a waiver from UCC §9174.F.1 location
limitations, due to the proximity of the youth-oriented facility (church), and the residential use of
the mobile home park directly to the north. The waiver was denied by the Planning Commission
at its August 28, 2019 meeting. The Planning Commission’s decision was appealed to the City
Council, and overturned by the Council at its October 2, 2019 meeting. The Council determined
that the proposed seven ft sheet metal fencing along the parcel line between the project area and
the mobile home park, along with proposed Cypress trees on both sides of the fence, in addition
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Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
3
to closing the retail/dispensary by 6:00 p.m. on Wednesdays and remaining closed all day on
Sunday, met the appropriate buffer intent of the code to approve the waiver. The Minutes of this
meeting are included as Attachment 4.
SURROUNDING LAND USE AND ZONING
The parcel carries a General Plan Land Use designation of Commercial and is within the
Downtown General Urban Zoning District. The project site is surrounded by parcels zoned
Community Commercial, and General Urban. The following uses are directly adjacent to the
parcel.
Figure 1. Zoning Designation
ZONING: USE:
NORTH Community Commercial Mobile Home Park
EAST Community Commercial Office Supply/Services Store
SOUTH General Urban City Parks storage parking lot
WEST General Urban Church and Nutrition and Fitness Center
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Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
4
Figure 2. Aerial Map
AGENCY COMMENTS
Project referrals were sent to the following responsible or trustee agencies with interest or
jurisdiction over the project: City of Ukiah Building Division, City of Ukiah Electric Utility
Department, City of Ukiah Police Department, City of Ukiah Department of Public Works, Ukiah
Valley Fire Authority, and State Department of Social Services. The agencies’ comments are
included as Attachment 5, and recommended Conditions of Approval are contained in
Attachment 2.
STAFF ANALYSIS
General Plan and Zoning Consistency
Use. The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
General Urban (GU). Per UCC §9215, cannabis related businesses including microbusinesses
are allowed in GU zoning districts with approval of a Major Use Permit. Findings required for
approval of Use Permits per UCC §9262(e) are included in Attachment 1 and subject to
Conditions of Approval contained within Attachment 2. In addition to the findings required in
§9262 of this Code, the Planning Commission shall consider additional criteria related to security
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Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
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and crime in determining whether to grant or deny a Dispensary Use Permit (UCC §5710) which
are also included as Attachment 1.
UCC §9174.2.F lists location limitations for proposed cannabis businesses, including proximity to
youth-oriented facilities, and residentially zoned parcels. §9174.2.F.2 allows for a waiver from
these restrictions, with approval and findings from the Planning Commission. As previously
mentioned, Wine Country Cannasseurs applied for this waiver, due to the proximity of the church
in the adjacent two suites, and the mobile home park adjacent to the north. The Planning
Commission denied the waiver at its August 28, 2019 meeting. The applicant appealed this
decision to the Council at its October 2, 2019 meeting. The Council approved the appeal, granting
the waiver request, and allowing the project to continue its process. The minutes for the meeting
are included as Attachment 5.
The applicant has submitted all required documents including a complete application, a Security
Plan (omitted from the attachments for security reasons), Standard Operating Procedures
(Attachment 3e), etc. in compliance with the aforementioned ordinances. In addition, the
applicant has successfully completed the Live Scan process through the Ukiah Police
Department. The project is consistent with all other requirements contained within the above
applicable ordinances for cannabis related businesses. In addition, the project is consistent with
the Ukiah City Code for development in General Urban zoning districts, as summarized below.
Setbacks. The five-suite commercial building was constructed in 1953, predating the Downtown
Zoning Code. All proposed activity, excluding deliveries, shall take place within the existing
structure. No expansion of this building footprint has been proposed. Therefore, it is considered
an existing nonconforming structure.
Parking. UCC §9228.2.D exempts structures existing prior to January 1, 1979, and located within
the Downtown Parking Improvement District, from the required off-street parking requirements.
The Project Site is within this improvement district, and was constructed in 1953. Without this
exemption, the project would require 11 off-street parking spaces.
The Applicant proposes sixteen total off-street parking spaces; nine (9) employee and delivery
parking spaces (eight standard and one Accessible space) within the fenced area behind the
building, and six (6) spaces, all standard, located along the western edge of the building.
Height. Per UCC §9225.3, the building can be two stories. The existing building is a single-story
structure and the project does not propose to increase the height.
Landscaping. The UCC requires a minimum of 20% landscpaing for commercial projects.
However, the project parcel has been previously developed and entirely paved, with the exception
of a small trianglular area on the Southeast section, where a single tree grows. The project does
not propose to expand the footprint of the exisitng building. Therefore, it is considered existing
nonconforming to this requirement. However, the applicant proposes to plant cypress trees along
the rear fence line, along the northern portion of the parcel. They have also offered to plant
additional cypress trees along the mobile home park’s southern boundary, adjacent to the Project
Site. The proposed trees were included in the City Council’s approved findings to support the
request for waiver, establishing a buffer between the Project Site and the mobile home park which
meets the spirit of the location limitation in the Zoning Ordinance.
Signage. Per UCC Section 3227, allowed signage is calculated by one and one-half (1 1/2) square
feet of sign area for every ground level linear foot of parcel frontage. In no case shall the total
square footage of signs on a building frontage exceed the number of linear feet in the frontage or
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Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
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five hundred (500) square feet, whichever is the lesser figure. The Project Site includes three
suites, each thirty feet (30’) in width. Based on these methods of calculation, the applicant is
allowed approximately 135 sf of signage.The applicant has submitted preliminary sign information
with the site plans. Proposed is a single, 45 sf sign above the entrance to the Retail/Dispensary
suite. Additionally, a 15 sf parking directional sign is proposed above the suite at 262 E. Smith
Street, signalling the parking available along the western side of the parcel. A Condition of
Approval has been included to require the Applicant to obtain a Sign Permit, in compliance with
all applicable sign regulations.
Fencing. At the October 2, 2019 City Council meeting, the Council found that the proposed seven
foot (7’) solid metal panel fencing, and the cypress trees, provided a sufficient buffer between the
mobile home park and the Project Site. Within the Downtown Zoning Code, fencing over six feet
in height requires a Major Exception. The findings required for the Major Exception are included
in Attachment 1.
ENVIRONMENTAL DOCUMENTATION
The proposed project is subject to the California Environmental Quality Act (CEQA). The project
qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19 Section 15301,
Existing Facilities, Class 1(a) which consists of the operations, repair, maintenance, or minor
alteration of existing public or private structures involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination.
The project involves renovations to three 1,800 sf suites of a five-suite building historically used
for commercial/retail uses. The project does not involve expansion of the existing building or use.
In addition, the site is fully developed and does not contain any sensitive environmental resources.
Therefore, the project qualifies for use of the aforementioned CEQA exemption.
NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published in the Ukiah Daily Journal on December 28, 2019
Posted on the Project site on December 27, 2019
Posted at the Civic Center (glass case) 72 hours prior to the public hearing
Mailed to property owners within 300 feet of the project parcel on December 27,
2019.
RECOMMENDATION
Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings
and conditionally approve a Major Use Permit for the project, with the Major Exception to allow
the proposed seven ft fence.
ATTACHMENTS
1. Draft Findings
2. Draft Conditions of Approval
3. Project Application Materials
a. Application
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Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
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b. Site Plans
c. Lighting Specifications
d. Odor Control Details
e. Standard Operating Procedures
4. Minutes of the City Council Meeting on October 2, 2019
5. Agency Comments
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Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
1
ATTACHMENT 1
FINDINGS TO ADOPT A MAJOR USE PERMIT WITH MAJOR EXCEPTION TO ALLOW THE
OPERATION OF A CANNABIS MICROBUSINESS TO INCLUDE: CULTIVATION,
DISTRIBUTION, AND DISPENSARY/RETAIL IN THREE SUITES OF AN EXISTING
BUILDING AT 270, 272 & 274 EAST SMITH STREET;
APN 002-191-23; FILE NO. 19-4635.
Recommendation for the Approval of the Major Use Permit and Findings: The Community
Development Department’s recommendation for conditional approval of a Major Use Permit with
a Major Exception to allow a cannabis microbusiness to include: indoor cultivation, distribution,
and retail/dispensary in three suites of an existing commercial building at 272, 272 & 274 East
Smith Street, is based in part on the following findings, in accordance with UCC Sections 9262,
9231 and 5710.
Major Use Permit Findings
1. The proposed land use is consistent with the provisions of the Ukiah City Code as well as
the goals and policies of the City General Plan.
The proposed project is consistent with the General Plan goals and policies related to
commercial and industrial/manufacturing development. The project also complies with all
applicable requirements of the General Urban Downtown zoning district and is seeking a
Major Use Permit, in compliance with the Ukiah City Code. In addition, the project is
consistent with Ordinance Numbers 1176, 1182, 1186, 1188, 1190 for cannabis related
businesses.
2. The proposed land use is compatible with surrounding land uses and shall not be
detrimental to the public’s health, safety and general welfare
The proposed project would be similar in use, and intensity, as the surrounding area which
is heavily developed with commercial/retail and public facility uses. The proposed project
includes a comprehensive Security Plan and odor control measures to ensure that the
project will not be detrimental to the public’s health and safety. In addition, the project has
been reviewed by the following agencies to ensure compliance with the Ukiah City Code
and other codes and regulations relating to health and safety: Ukiah Valley Fire Authority,
City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah
Electric Utility Department, City of Ukiah Building Division and State Department of Social
Services. Comments have been included as Conditions of Approval, as appropriate.
In addition to the findings required in Section 9262 of this Code, the Planning Commission shall
consider the following criteria in determining whether to grant or deny a Dispensary Use Permit.
3. That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act
of 1996, the AUMA, the MAUCRSA, and related State law, the provisions of this Chapter
and the City Code, including the application submittal and operating requirements herein.
The applicant has submitted the required information as a part of their application in
accordance with all City Codes and will be required to operate in compliance with all State
laws under a State License.
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Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
2
4. 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).
The Ukiah Police Department reported receiving 17 calls in the last year in the East Smith
Street, North Main Street, East Standley Street, and Mason Street area, within the one block
region of the project site, but has not reported this to be significantly higher than other areas
within the City.
Crime information related to operation of this specific project will be reviewed and analyzed
during the annual renewal process for the Use Permit.
5. That there have not been significant numbers of calls for police service, crimes or arrests in
the area or to an existing Dispensary location.
See Finding No. 4 above.
6. That an applicant or employee is not under twenty- one (21) years of age.
The applicant has demonstrated that they are over 21 years of age by providing a copy of
their driver’s license. Their Operational Plan states employees must be at least 21 years of
age.
7. 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.
All required application materials have been submitted. The project as proposed, would be
in compliance with operating requirements contained within the City Code and adopted
related cannabis ordinances.
8. That all required application or annual renewal fees have been paid and reporting
requirements have been satisfied in a timely manner.
Application fees have been paid and the applicant will be required to pay renewal fees as a
Condition of Approval.
9. 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.
The Applicant was granted a waiver by the City Council, from the location limitations of a
youth-oriented facility (church) and the adjacent parcel with the mobile home park. At their
October 2, 2019 meeting, the City Council approved the waiver request and adopted
findings stating,
“1. The powers of operation for the two respective organizations – the proposed business
and the church – are appropriate to meet the requirements of the code, without interfering
with each other.
2. The distance of entrances to the mobile home park and the proposed mitigations of the 7
ft. wall, with separate trees on two sides of the property, including the property line between
the mobile home park and the subject business property, do therefore meet the
requirements for separation from the residential usage.”
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Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
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With the approved findings above, the proposed project location meets all siting
requirements contained within local and State regulations.
A Security Plan, Standard Operating Procedures and odor control measures are included
as a part of the project to ensure no significant issues will arise from the project. The project
has also been reviewed by the Ukiah Police Department, Ukiah Valley Fire Authority, and
other agencies to ensure public safety.
10. 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 of this Code. 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.
The project includes a Security Plan with the features listed above such as lighting, alarms,
surveillance, perimeter fencing, etc. In addition, crime prevention-related Conditions of
Approval have been included from the Police Department.
11. That no Dispensary use, owner, operator, permittee, agent, or employee has violated any
provision of this chapter including grounds for suspension, modification or revocation of a
permit.
N/A, the microbusiness is not yet operational. However, once operational, this criterion will
be reviewed as a part of the permit renewal process.
12. 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.
See Finding Number 10.
13. 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.
The project site is surrounded by other commercial/retail and public facility uses. The
Applicant was granted a waiver by the City Council, from the location limitations of a youth-
oriented facility (church) and the adjacent parcel with the mobile home park. At their October
2, 2019 meeting, the City Council approved the waiver request and adopted findings stating,
“1. The powers of operation for the two respective organizations – the proposed business
and the church – are appropriate to meet the requirements of the code, without interfering
with each other.
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Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
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2. The distance of entrances to the mobile home park and the proposed mitigations of the 7
ft. wall, with separate trees on two sides of the property, including the property line between
the mobile home park and the subject business property, do therefore meet the
requirements for separation from the residential usage.”
Proposed operating hours for the cultivation portion of the microbusiness would be Mon-
Sun 9:00 a.m.- 9:00 p.m.; the proposed operating hours of the distribution portion of the
microbusiness would be Mon-Fri 9:00 a.m. – 5:00 p.m.; the operating hours of the retail
portion of the microbusiness would be Mon, Tues, & Thurs-Sat 9:00 a.m. – 9:00 p.m., Wed
9:00 a.m. – 6:00 p.m., Closed Sundays.
14. 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.
N/A, the microbusiness is not yet operational. However, once operational, this criterion will
be reviewed as a part of the permit renewal process.
15. That the applicant has not violated any local or State law, statute, rule or regulation
respecting the distribution, possession, or consumption of marijuana.
The applicant has successfully completed the Live Scan process through the Ukiah Police
Department, demonstrating that he has not violated any laws that would disqualify him from
operating the business.
16. 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.
The applicant certifies that he has not knowingly made a false statement or omitted
information from his application.
17. 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.
See Finding Number 15. In addition, Live Scan Background Review will be required for all
employees as a Condition of Approval.
18. That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business
acts or practices.
The applicant certifies that he has not engaged in any unlawful, fraudulent or deceptive
business practices.
19. That adequate parking for medical cannabis dispensaries will be provided at a rate of one
space for every two hundred (200) gross square feet of retail space, office space, and similar
floor areas, pursuant to section 9198(F)(1) of this Code. Furthermore, that adequate parking
for Cannabis Retailers generally will be provided at a rate of one space for every two
hundred fifty (250) square feet of gross, leasable space, pursuant to section 9198(B)(1) of
this Code. However, if the dispensary to be operated by the applicant does not dispense
cannabis to patients or eligible Adult Use patrons on site but services qualified patients and
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Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
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patrons through deliveries in compliance with Section 5717 of this Code, then adequate
parking will be provided at a rate of one space for every four hundred (400) square feet of
gross leasable space, pursuant to Section 9198(G)(3) of this Code.
The project proposes 15 standard parking spaces, including one ADA space and also a
loading zone for deliveries, in compliance with the aforementioned regulations and UCC
9198(G)(1) for industrial uses.
In addition to the findings above, the Planning Commission shall consider the following criteria in
determining whether to grant or deny a Major Exception for the seven ft metal fence:
20. The project is compatible with the neighborhood and design intent of this code.
The proposed seven ft sheet metal fence will replace the six ft wooden fence along the
parcel line shared by the project parcel and the mobile home park, with an additional
segment to enclose and secure the project site’s rear parking area. The fence was proposed
to create a buffer between the project site’s commercial use and the adjacent residential
use of the mobile home park. It will also provide a safe and controlled area for employee
parking and deliveries, and will reduce the occurrence of unauthorized camping in this
location. The fence, as proposed, supports the code’s intent of encouraging development of
a healthy and safe urban community.
21. The project provides appropriate connections, transitions, and relationships between
buildings and the street, adjacent properties and one another.
The purpose of the seven ft fence is to establish a buffer between the commercial use of
the project site, and the residential use of the adjacent mobile home park. The provision of
this buffer establishes a relationship which satisfies the intent of the location limitations in
the Zoning Ordinance, in order to minimize the potential conflict between the two disparate
uses.
22. The project provides adequate and appropriate pedestrian facilities and connections.
The project parcel is located within the Downtown General Urban Zoning District, within
easy walking distance to downtown commercial amenities. The proposed fence would be
placed along the project’s rear parcel line. The area behind the project site is commonly
used for parking, but not for through travel. Approval and construction of the seven ft sheet
metal fence would not negatively affect pedestrian facilities or connections.
23. The project would not impair the desirability of investment, employment, or residence in the
neighborhood.
The proposed fence is a portion of the application for a Major Use Permit to operate a
microbusiness. The proposal includes the use of three suites of an existing commercial
structure. Two of the suites are currently vacant. The applicant proposes to employ 10 -12
staff members. It also establishes a buffer between the proposed commercial use, and the
adjacent residential use of the neighboring mobile home park.
24. Special circumstances or conditions apply to the site, building, improvement or use, such
as the preservation of natural resources (creek, tree preservation), providing enhanced
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Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
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pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped
areas).
See Finding No. 22. UCC Section 9174.2 requires an intervening, non-residential use as a
buffer between a commercial cannabis operation and a residentially zoned parcel. At the
October 2, 2019 City Council meeting, the seven ft sheet metal fence was included in the
findings as establishing this type of buffer. The proposed fence is a special circumstance to
meet the intent of the code to create a buffered distance between commercial cannabis and
residential uses.
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published in the Ukiah Daily Journal on December 28, 2019
Posted on the Project site on December 27, 2019
Posted at the Civic Center (glass case) 72 hours prior to the public hearing
Mailed to property owners within 300 feet of the project parcel on December 27,
2019.
Based on the above analysis, the findings required for the Major Use Permit and Major Exception
can be made.
Page 144 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL OF MAJOR USE PERMIT WITH MAJOR EXCEPTION
FOR OPERATION OF A CANNABIS MICROBUSINESS TO INCLUDE CULTIVATION
(INDOOR), DISTRIBUTION, AND DISPENSARY/RETAIL IN THREE SUITES OF AN
EXISTING BUILDING AT 270, 272 & 274 EAST SMITH STREET;
APN 002-191-23; FILE NO. 19-4635
The following Conditions of Approval shall be made a permanent part of the Major Use Permit,
shall remain in force regardless of property ownership, and shall be implemented in order for this
entitlement to remain valid.
Approved Project Description. An application was received from Jay Donnellan, of Wine Country
Cannasseurs, for approval of a Major Use Permit with a Major Exception (for a seven ft fence) to
allow a cannabis microbusiness within three suites of an existing commercial structure. Each suite
is approximately 1,800 sf. Expansion of the existing footprint is not proposed. The project would
include the following components. The application is included as Attachment 3a and
development plans are included as Attachment 3b.
Indoor Cultivation, Distribution, and Retail/Dispensary of recreational and medicinal
cannabis and cannabis products, including pre-rolls
Nine secured, employee and delivery parking spaces (eight standard and one ADA) within
rear, fenced and locked parking lot; six additional parking spaces, accessed via an existing
driveway along East Smith Street;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features such as carbon air filters (see Attachment 3d);
Signage including one 45 sf “Wine Country Cannasseurs” sign, a 2’ 6” x 6’ “Parking” sign
located on Suite 262 (See Attachment 3b, Site Plans);
Seven ft sheet metal fencing with along North and West parcel boundaries, and enclosing
the Employee and Delivery Parking Area;
Cypress trees planted along Northern perimeter, on both project parcel and adjacent
mobile home park (See Site Plan in Attachment 3b);
Security features such as surveillance cameras, alarms, card reader entry, etc.
Retail deliveries are proposed between 10:00 a.m. and 8:00 p.m. during operational hours;
Distribution deliveries are proposed between 10 a.m. and 4 p.m. daily;
Operating hours for Wine Country Cannasseurs would be as follows:
o Cultivation: Mon-Sun 9:00 a.m. to 9:00 p.m.
o Distribution: Mon-Fri 9:00 a.m. to 5:00 p.m.
o Retail/Dispensary: Mon, Tues, Thur-Sat 9:00 a.m. to 9:00 p.m. Wed 9:00 a.m. to
6:00 p.m. Closed Sundays
The microbusiness will be staffed with 10-12 employees total (6 maximum at any time).
City of Ukiah Special Conditions
1. No consumption of cannabis or cannabis-related products shall occur on-site.
Page 145 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
2. No special events are permitted on-site. If the applicant wishes to hold events, they must
contact the Community Development Department; additional permits or approvals may
be required.
3. Per Section 5704 of the UCC this Use Permit is valid for one-year. Dispensary Use
Permits may be renewed on an annual basis by the Zoning Administrator following the
procedure described in Section 5704 of the UCC. It is the Applicant’s responsibility to
apply for annual renewal 45 days prior to this permit expiring.
4. As outlined in Article 20, Administrational and Procedures, of the Zoning Code this
planning permit may be revoked through the City’s revocation process if the approved
project related to this permit is not being conducted in compliance with these stipulations
and conditions of approval; or if the project is not established within two years of the
effective date of this approval; or if the established use for which the permit was granted
has ceased or has been suspended for 24 consecutive months.
5. Prior to issuance of building permits and commencing operations, the applicant shall
submit proof of State licensure to operate the cannabis related business to the Community
Development Department.
6. Prior to issuance of building permits or commencing operations, the applicant and all
employees shall successfully complete a Live Scan background and provide proof of such
completion.
7. No persons will live on-site. If the applicant wishes to have a live-in manager in the future,
they shall consult with the Planning and Community Development Department and obtain
any necessary permits.
8. The business is required to obtain a City of Ukiah business license prior to occupancy.
9. Storage of outdoor cargo containers is not authorized with this permit, and shall be
removed prior to commencing operations.
10. Cypress trees shall be planted outside of the five foot (5’) utility easement.
City of Ukiah Standard Conditions
11. This approval is not effective until the 10-day appeal period applicable to this Major Use
Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project
is subject to the outcome of the appeal and shall be revised as necessary to comply with
any modifications, conditions, or requirements that were imposed as part of the appeal.
12. All Conditions of Approval shall be printed on all sets of building permit project plans
pertaining to any site preparation work or construction associated with the development
of the multi-family project and ancillary site improvements approved by the Site
Development Permit.
13. All use, construction and the location thereof, or occupancy, shall conform to the
application and to any supporting documents submitted therewith, including any maps,
sketches, or plot plans accompanying the application or submitted by applicant in support
thereof.
Page 146 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
14. Any construction shall comply with the "Standard Specifications" for such type of
construction now existing or which may hereafter be promulgated by the Engineering
Department of the City of Ukiah; except where higher standards are imposed by law, rule,
or regulation or by action of the Planning Commission such standards shall be met.
15. Building permits shall be issued within two years after the effective date of the Site
Development Permit or same shall be null and void.
16. In addition to any particular condition which might be imposed; any construction shall
comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules,
regulations, and ordinances in effect at the time the Building Permit is approved and
issued.
17. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter
7, Signs, of the UCC.
18. The Applicant shall submit verification of all applicable permits or approvals in compliance
with all local, state and federal laws to the Community Development Department prior to
issuance of building permits.
19. All fees associated with the project planning permits and approvals shall be paid in full
prior to occupancy.
20. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning
permit may be revoked through the City’s revocation process if the approved project
related to this Permit is not being conducted in compliance with these stipulations and
conditions of approval; or if the project is not established within two years of the effective
date of this approval; or if the established use for which the permit was granted has ceased
or has been suspended for 24 consecutive months.
Department of Public Works Conditions
21. All work within the public right-of-way shall be performed by a licensed and properly
insured contractor. The contractor shall obtain an encroachment permit for work within
this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3%
of estimated construction costs.
22. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and
tested, and repaired or replaced if required.
23. Sewer connection fees shall be paid at the time of building permit issuance.
Electric Utility Department Conditions
24. This property will be served from Overhead power lines and existing transformer bank.
25. Developer is to provide EUSERC approved electrical equipment compatible with the City
of Ukiah’s EUSERC Acceptability Chart before the panel can be used on this project.
26. All future site improvements shall be submitted to the Electric Utility Department for review
and comment. At that time, specific service requirements, service Voltage and developer
costs and requirements will be determined.
Page 147 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
27. Developer/customer shall incur all costs of this future project to include (labor, materials,
equipment and future services).
28. There shall be an easement provided to the EUD for any electric service that transverses
through the property. Or around any City owned Electric equipment.
Building Department Conditions
29. Prior to issuance of building permits and prior to commencing operations, expired Permit
#721 to convert commercial space to residential space must be closed, with a completed
department inspection of the premises to confirm Unit #262 has no residential use.
30. Submit plans and building permit application. Please submit three complete plan sets, two
wet stamped and signed
31. The design and construction of all site alterations shall comply with the 2016 California
Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical
Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California
Energy Efficiency Standards, 2016 California Green Building Standards Code and City of
Ukiah Ordinances and Amendments, or current code cycle at date of submission.
Ukiah Police Department Conditions
Prior to Building Permit Final and for the Duration of the Use:
32. The business permittee shall provide the Police Department with the current name and
primary and secondary telephone numbers of at least one 24-hour on-call manager to
address and resolve complaints and to respond to operating problems or concerns
associated with the business.
33. The business permittee shall provide the City with the current name and primary and
secondary telephone numbers of at least one manager to communicate with the
surrounding neighborhoods and businesses. The business shall make good faith efforts
to encourage neighborhood residents to call this person to solve problems, if any, before
any calls or complaints are made to the City or Police Department.
34. The business permittee shall immediately report to the City Police Department all criminal
activity occurring on the business site.
35. Video from the security surveillance cameras must be recording at all times (24 hours a
day, seven days a week) and the recording shall be maintained for at least 90 days. In the
event of a crime on site or anywhere within range of the dispensary’s security cameras,
the Permitee shall provide the Chief of Police with a useable digital copy of the security
video upon request or at the earliest convenience.
36. Duration of Use: Security system shall be equipped with at least 24 hours of continued
operation time in case of power failure.
37. Electronic “point of sale” age verification system is required which scans and authenticates
ID, identifies fake ID’s, records dates and times of transactions, has the ability to create a
“banned patron” list.
38. All applicable state and local licenses or permits shall be displayed in the lobby or waiting
area of the main entrance to the building.
Page 148 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
39. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen
persons before allowing entry. Doors, including loading dock doors, shall remain locked
at all times, except for emergencies and deliveries.
40. Bollards shall be installed along the frontage and rear of the suite used for indoor
cultivation, to prevent vehicle penetration. Permittee shall coordinate with the Public
Works Department and Building Division regarding the installation.
41. Permittee is responsible for reasonably controlling the conduct of persons on the site, and
shall immediately disperse loiterers.
42. Security personnel shall arrive on-site no less than 30 minutes before opening, and remain
30 minutes after closing of all areas of the microbusiness.
43. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being
noted.
44. Report any graffiti to UPD at (707) 463-6262. After reporting, clean-up/paint over as soon
as possible.
45. Property shall be kept free of debris/garbage.
46. Permittee shall install “No Trespassing” and “Authorized Personnel Only” signs at the
fenced/gated areas.
47. Dumpsters shall be kept locked or within locked enclosures to limit unauthorized dumping
or scavenging.
48. Applicant shall install a “Knox Box” to allow Police Department emergency access to the
interior and exterior areas of the property after hours.
49. Height markers shall be installed on the interior doorways and front door entrance.
50. Building shall be equipped with UL compliant security system including Video Assessment
Surveillance System (VASS), Intrusion Detection System with private security response
and emergency panic alarms. Security system must be monitored by UL listed monitoring
company and installed via a UL certified installer.
51. Contacts on roll up doors and roof hatches shall be included in the Intrusion Detection
System.
52. Exterior lighting shall be shielded or otherwise designed to avoid spill-over illumination to
adjacent streets and properties.
53. All exterior electrical outlets shall have locking mechanisms, or be decommissioned for
non-use to limit illegal usage.
54. Any exterior water faucets shall have a locking box cover or be decommissioned for non-
use to limit illegal usage.
55. Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare
and light trespass. Color temperature shall be between 2700K and 4100K with a color
rendering index of 80 or better and a light loss factor of .95 or better, with an efficiency of
110 lumens per watt or better.
56. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being
noted.
Page 149 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
57. Tree canopies shall not interfere with, or block lighting.
58. Any proposed revisions to the approved Security Plan shall be made in writing and subject
to approval of the Ukiah Police Department.
59. An inspection shall be conducted by the Department in order to confirm compliance with
approved Security Plan prior to building permit final.
Ukiah Valley Fire Authority Conditions
60. All exit doors shall be equipped with lighted exit signage and emergency lighting with a
battery backup.
61. Main entry door must swing in direction of egress travel “out”.
62. There may be other minor Fire Code additions when plans are submitted, ie. Address
location, and the need for additional fire extinguishers.
63. New and existing buildings shall have approved address numbers placed in a position to
be plainly legible from the street or road fronting the property (CFC 505.1). Address
number shall be placed on the South facing exterior and East facing wall at corner of main
building. Fire Marshal can verify with contractor.
64. Fire extinguishers shall be required. Fire Marshal can assist with location and number of
required extinguishers.
65. Fire sprinkler system shall be maintained and modified as necessary.
66. All exits shall be clearly marked. Means of egress shall be illuminated when the building
space is occupied (CFC §1008.2).
67. Exit signs shall be internally or externally illuminated at all times; signs shall be connected
to an emergency power system that provides illumination for not less than 90 minute s in
case of primary power loss (CFC 1013.3 & 1013.6.3).
68. In the event of power supply failure, an emergency electrical system shall automatically
illuminate the means of egress (CFC 1008.3).
69. A “Knox Box” key security safe shall be required, and mounted on the exterior at a location
specified by the Fire Marshal.
70. The business permittee shall provide the Fire Department with the current name and
primary and secondary telephone numbers of at least one 24-hour on-call manager for
emergency contact.
Mendocino County Air Quality Management District Conditions
71. The applicant may be required to obtain an Authority to Construct permit from the District
prior to beginning construction.
72. Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles:
Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power
generators or pumps) or any propane or natural gas engines 250 horsepower or
greater may require a permit from the District.
Portable diesel powered equipment that may be used during the proposed project are
required to be registered with the state Portable Equipment Registration Program
(PERP) or obtain permits from the District.
Page 150 of 259
Draft Conditions of Approval
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
Projects located adjacent to sensitive receptors (schools, child care facilities, health
care facilities, senior facilities, businesses, and residences, etc.) during the
construction phase of this project have the potential for exposure to diesel particulate.
Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is
limited to less than 5 minutes.
73. Demolition/Renovation Projects- All Commercial Buildings, Government Buildings,
Schools, Multi-Family Dwellings are subject to the requirements of Mendocino County Air
Quality Management District Regulation 1, Rule 492, National Emission Standards for
Hazardous Air Pollutants (NESHAPS) for Asbestos.
Prior to receiving a Demolition / Renovation Permit from the Planning & Building
Agency the applicant is required to:
1) Have an Asbestos Survey conducted by a licensed Asbestos contractor for the
presence of asbestos containing materials,
2) Submit a completed Asbestos Demolition/Renovation form, all test results and
applicable notification fees to the District at least 10 days prior to beginning the
project,
3) Have any Asbestos containing materials abated by a licensed abatement
contractor prior to beginning any demolition or renovation activities.
4) Obtain written authorization from the District indicating that all requirements have
been met prior to receiving.
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Planning Permit Application
PROJECT NAME:
PROJECT ADDRESS/CROSS STREETS: AP NUMBER(S):
PHONE NO: FAX NO:
APPLICANT/AUTHORIZED AGENT ADDRESS: CITY: STATE/ZIP:
PHONE NO: FAX NO: E-MAIL ADDRESS:
PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT CITY: STATE/ZIP:
HAS YOUR PROJECT RECEIVED A PRELIMINARY REVIEW? YES NO
□AIRPORT LAND USE COMM.
DETERMINATION 100.0800.611.003
$ □REZONING
100.0800.611.001
$ □USE PERMIT – AMENDMENT
100.0400.449.001
$
□ANNEXATION
100.0800.611.001
$ □REZONING – PLANNED DISTRICT
100.0800.611.001
$ □USE PERMIT – MAJOR
100.0400.449.001
$
□ APPEAL
100.0400.449.001
$ □SITE DEVELOPMENT PERMIT –
AMENDMENT 100.0400.449.001
$ □USE PERMIT – MINOR
100.0400.449.001
$
□BOUNDARY LINE ADJUSTMENT
100.0800.610.001
$ □SITE DEVELOPMENT PERMIT –
MAJOR 100.0400.449.001
$ □VARIANCE – MAJOR
100.0400.449.001
$
□GENERAL PLAN AMENDMENT
100.0800.611.001
$ □SITE DEVELOPMENT PERMIT –
MINOR 100.0400.449.001
$ □VARIANCE – MINOR
100.0400.449.001
$
□MURAL PERMIT
100.0400.449.001
$ □SPECIFIC/MASTER PLAN
100.0800.611.003
$ □ZONING AMENDMENT – MAP
100.0800.611.001
$
□PRELIMINARY REVIEW (PC)
100.0800.611.003
$ □SUBDIVISION EXCEPTION
100.0800.610.001
$ □ZONING AMENDMENT– TEXT
100.0800.611.001
$
□PRELIMINARY REVIEW (PRC)
100.0800.611.003
$ □ TENTATIVE PARCEL MAP (4 OR
FEWER LOTS) 100.0800.610.001
$ □OTHER $
□PRELIMINARY REVIEW (STAFF)
100.0800.611.003
$ TENTATIVE SUBDIVISION MAP
(5 OR MORE LOTS) 100.0800.610.001
$ □OTHER $
COUNTY CEQA FILING FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MAJOR PERMIT DEPOSIT: $ FILING DATE:
COUNTY CEQA (NEG DEC) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MINOR PERMIT FEE: $ TOTAL AMOUNT PAID: $
COUNTY CEQA (EIR) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ TOTAL FEE: $ RECEIPT NUMBER:
APPLICATION NUMBER(S):
Recommendation: Prior to submitting an application, discuss your project with Staff to discover what fees
(sewer, water, in-lieu park fees, traffic impact fees, etc.) may be required for your project. Also, ask about street tree
requirements, required sidewalk repairs, drainage issues, storm water mitigation requirements, frontage
improvements, etc.
Planning & Community Development Department
300 Seminary Avenue
Ukiah, CA 95482
Email: planning@cityofukiah.com
Web: www.cityofukiah.com
Phone: (707) 463 -6203
Fax: (707) 463-6204
J.P.J. and Associates LLC, doing business as Wine Country Cannasseurs
270, 272, 274 East Smith Street, Ukiah, CA 002-191-023
APPLICANT/AUTHORIZED AGENT:
J.P.J. and Associates LLC - agent Jay Donnellan 707-889-3987 N/A
E-MAIL ADDRESS:
WineCountryCannasseurs@gmail.com
PROPERTY OWNER IF OTHER THAN APPLICANT/AGENT:
Robert Gitlin
2727 Beecham Street Napa CA, 94558
707-671-4335 N/A RobGitlin@hotmail.com
7221 Evan Ave.Sebastopol CA, 95472
[X]
[X]
Attachment 3A
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Project Description
The purpose of the project description is to assist Staff in understanding the project. Providing complete information
will help expedite the project review process and in determining what additional information, if any, related to the
project and required environmental review is required.
Environmental Review and Reports
Please be aware that projects are required to comply with the California Environmental Quality Act (CEQA). Projects
will be reviewed by Staff for compliance with CEQA and Staff will determine the appropriate CEQA document to
prepare for the project (exemption, negative declaration, etc.). In order to make this determination, specific reports
(traffic, arborist, soils, etc.) and or additional information may be required.
Use Information
Please provide the following information related to the use of the site and building:
Description of Building & Site
Parcel Size: Building Size: Number of Floors:
Use of Building (check all that apply) Description Square Footage Number of Units/Suites
□Office (business/professional)
□Office (medical/dental)
□Retail
□Light Industrial
□Residential
□Other:
Operating Characteristics
Days and Hours of Operation:
Number of Shifts: Days and Hours of Shifts:
Number of Employees/Shift:
Loading Facilities: □ Yes No Type/Vehicle Size:
Deliveries:
□Yes No
Type: Number (day/week/month): Time(s) of Day:
Outdoor areas associated with use?
(check all that apply)
□Yes □No
Sales area:
□Yes □ No
Square Footage:
Unloading of deliveries:
□Yes □ No
Square Footage:
Storage:
□Yes □No
Square Footage:
Noise Generating Use? □Yes □No Description:
To Be Completed by Staff
General Plan Designation: Zoning District: Airport Land Use Designation:
City’s Architectural & Historic
Inventory:
□ YES □ NO
Age of Building: Demolition Policy:
Hillside:
□ YES □ NO
Flood Designation FIRM Map: Flood Designation Floodway Map:
Tree Policies
General Plan Open Space Conservation
□ NO □ YES GOAL/POLICY #:
Community Forest Management Plan
□ NO □ YES GOAL/POLICY #:
Landscaping and Streetscape Design Guidelines
□ NO □ YES GUIDELINE #:
Commercial Development Design Guidelines
□ NO □ YES GUIDELINE #:
Tree Protection and Enhancement Policy
□ NO □ YES NOTES:
Tree Planting and Maintenance Policy
□ NO □ YES NOTES:
UCC: Street Tree Policy, Purpose and Intent
□ NO □ YES NOTES:
Other:
Notes
25,951 square feet 3,600 square feet 1
N/A N/A N/A
N/A N/A N/A
x Sales floor + Lobby 1,073 sq. ft.1
Cultivation 1,270 sq. ft.1
Distribution 1,660 sq. ft.1
x
x
Dispensary: Mon-Sat 9 a.m. - 9 p.m., Sun 1 p.m. - 9 p.m.; Distribution: Mon-Fri 10 a.m. - 4 p.m.; Cultivation: Mon-Sat 8:30 a.m. - 5 p.m., Sun 1 p.m. - 3 p.m.
3
Between 4 and 6 over all three facilities
□
□
x x 826 x 423 x
Dispensary Mon - Fri: 8:30 - 4:30, 9:00 - 5:00, 1:00 - 9:00 / 8:30 - 4:30, 4:00 - 9:30, Sun: one shift
Distribution: one shift
Cultivation: one shift
x
x Distribution TBD 10:00 - 4:00
x 613
Please see Exhibit H Site and Floor plan
2007 Prius, 4 door sedan
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Attachment 3b
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Attachment 3c
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Attachment 3dPage 163 of 259
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1 | P a g e
TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................... 1
EXHIBIT BREAKDOWN ......................................................................................................................... 4
OWNER/MANAGER INFORMATION ................................................................................................. 5
EMPLOYEE INFORMATION ............................................................................................................... 13
BUSINESS OPERATIONS PLAN........................................................................................................ 18
MISSION STATEMENT .................................................................................................................... 18
FACILITY .............................................................................................................................................. 21
ODOR .................................................................................................................................................... 22
DISPENSARY ...................................................................................................................................... 23
DELIVERY ............................................................................................................................................ 30
DISTRIBUTION ................................................................................................................................... 37
CULTIVATION ..................................................................................................................................... 51
INVENTORY AND STORAGE ......................................................................................................... 61
DISPOSAL PLAN ................................................................................................................................ 65
PATIENT AND CUSTOMER EDUCATIONAL MATERIALS ........................................................ 66
CODE OF CONDUCT ....................................................................................................................... 67
WRITTEN PROJECT DESCRIPTION................................................................................................ 69
REGULATORY COMPLIANCE PLAN ................................................................................................ 72
SECURITY PLAN .................................................................................................................................... 78
INSURANCE ........................................................................................................................................ 80
PLANS ....................................................................................................................................................... 80
NEIGHBORHOOD CONTEXT PLAN ................................................................................................ 81
Attachment 3e
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2 | P a g e
Dear Ms. Irace,
We have been in regular contact with your office for months throughout this
application process, and thank you for all of your patience and assistance with this
process thus far. As you know, and this application shows, J.P.J. and Association
LLC, doing business as (DBA) Wine Country Cannasseurs is seeking a permit from the
City of Ukiah in order to establish a commercial cannabis microbusiness and promote
a good working relationship with the city in which we want to establish ourselves.
In addition to being the first step to founding ourselves as a business and member of
this community, it is also a preliminary step in acquiring a State license. Wine
Country Cannasseurs is dedicated to working in compliance with the law and
obtaining all applicable State and local licenses to do so .1
Every effort will be taken by Wine Country Cannasseurs to comply with all applicable
provisions of local and state regulations or orders, as well as any condition imposed on
any permits issued pursuant to applicable laws, regulations or orders.2 Through this
application, we strive to show our dedication to transparency and collaboration with
the City of Ukiah. With medicinal and adult-use cannabis now a regulated industry,
we are excited to bring our experience into this industry.
We are mindful of and will comply with any federal regulations that apply to our
business, despite the current conflict between federal and state law.3 We have retained
legal counsel, Ashley Bargenquast, with Tully & Weiss Attorneys At Law, to assist us
in determining the best way to remain in compliance with state and federal law. To
facilitate our compliance and ongoing relationship with the City, Ashley may be
reached at (925) 229-9700 or ashley@tully-weiss.com.
The planning permit application attached as Exhibit A and the application that follows
is our presentation to the City of Ukiah, of our intent and desire, in accordance with
the City of Ukiah’ Ordinances as well as the State of California’s Regulations. Feel free
to reach out to us should you desire or need any further information or clarification.
1 City of Ukiah Municipal Code (CUMC) § 9174.2(A)(3)(l).
2 CUMC § 9174.2(B)(8), CUMC § 5708(N).
3 CUMC § 9174.2(B)(8), CUMC § 5708(N).
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3 | P a g e
We wish to work with the City of Ukiah as we establish ourselves in this community.
Such a relationship begins with transparency in the application process.
We look forward to working with you through this process and for many years to
come.
Very Truly Yours,
Wine Country Cannasseurs
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4 | P a g e
TABLE OF EXHIBITS
ITEM NAME LOCATION
CITY OF UKIAH PLANNING PERMIT
APPLICATION FORM EXHIBIT A
INDEMNIFICATION AGREEMENT EXHIBIT A
TAX HISTORY EXHIBIT B
EMPLOYEE HANDBOOK EXHIBIT C
LETTER OF REPRESENTATION EXHIBIT D
COMMERCIAL PROPOSAL FOR
SPRINKLER WORK EXHIBIT E
SECURITY PLAN (NARRATIVE AND
EQUIPMENT SPECS) EXHIBIT F
INSURANCE OFFER EXHIBIT G
SITE AND FLOOR PLAN EXHIBIT H
ACCESSIBILITY EVALUATION EXHIBIT I
SIGN PLAN EXHIBIT J
LIGHTING PLAN EXHIBIT K
DIRECTOR’S DETERMINATION
SUBMISSION EXHIBIT L
DIRECTOR’S DETERMINATION
RESPONSE EXHIBIT M
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EMPLOYEE INFORMATION.
Wine Country Cannasseurs will have three different facilities operating as part of our
microbusiness. Employees at each facility will have different responsibilities. However,
certain employees will have responsibilities in multiple facilitie s. Managers will
specialize in specific facility operations depending on their experience but will be
expected to cater to various functions within microbusiness.
All Managers and Owners, including Jay Donnellan, Preston Bruner, Jamie Fimbres,
and Matthew Sear, will be undergoing security training at Weinstein Security to obtain
their Guard Cards. The training will include the Bureau of Security and Investigative
Services application process, fingerprinting, and background check. Once this is
complete, each manager can expect to be a licensed security officer in the State of
California within 10-14 business days. Being licensed security officers will allow each
of the managers to perform necessary security personnel duties at each facility to
ensure ongoing safety at each facility operating as part of our microbusiness.
Managers will also receive initial and continuing education regarding the state’s track
and trace system.4 Jay Donnellan will be the designated track and trace system
account manager and will be in charge of authorizing additional individuals to use the
program.5
In addition to being a manager and the designated track and trace account manager,
Jay Donnellan will be Wine Country Cannasseurs designated emergency contact. Mr.
Donnellan will utilize the email address WineCountryCannasseurs@gmail.com and
phone number (707) 889-3987, there is no fax number associated with Wine Country
Cannasseurs.
Mr. Donnellan will also be Wine Country Cannasseurs’s on-site community relations
contact and can be reached if there are any operating problems.6 Mr. Donnellan
contact information will be provided to the Chief of Police, the community via a
postcard, and hand-delivered to Wine Country Cannasseurs’s neighbors in order to
make every reasonable effort to encourage neighborhood residents to call Mr.
4 California Code of Regulations Title 16, Division 42. Bureau of Cannabis Control (BCC) § 5048(a).
5 BCC § 5048(b).
6 CUMC § 9174.2(B)(5)(h), CUMC § 5708(H)(9).
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Donnellan, and try and resolve any operating problems that may arise, before any
calls or complaints are made to the City.7 Making Mr. Donnellan’s contact information
so available will allow the community to feel more comfortable with Wine Country
Cannasseurs and will enable the city to remain at ease by eliminating unnecessary
complaints and issues.
Beyond our managers, Wine Country Cannasseurs is committed to hiring the best
local talent available for the jobs created by our retail storefront, delivery service,
cultivation facility, and distribution facility, including the positions of
budtender/delivery personnel, security personnel, and eventually cultivator. This
additional staff will ensure that we maintain minimum staffing levels and always have
at least one person present during hours of operation that is not responsible for
dispensing cannabis.8 Everyone hired will have to prove by clear-and-convincing
evidence9 that they are over twenty-one years old10 and undergo a background
check.11 No agent, employee, volunteer, or person exercising managerial authority at
Wine Country Cannasseurs will have a prior conviction as listed in Business and
Professions Code section 26057(b)(4).12
Once they are otherwise shown to be qualified, they must complete dispensary
training. dispensary training will include the appropriate instruction for their intended
duties, such as those outlined in the operations of each facility.
Additionally, each qualified employee or volunteer will receive training in
understanding the rules and procedures regarding dispensing in compliance with
state and local laws.13 Wine Country Cannasseurs will maintain a current register of
the names of all volunteers and employees currently working at or employed by us.14
This registration will be available upon request for inspection by any City officer or
official for purposes of determining compliance.15
7 CUMC § 9174.2(B)(5)(h), CUMC § 5708(H)(9).
8 CUMC § 5708(H)(3).
9 CUMC § 9174.2(B)(2)(b).
10 CUMC § 9174.2(B)(2)(a), CUMC § 5708(B)(1).
11CUMC § 9174.2(B)(1), CUMC § 5708(A.)
12 CUMC § 91742.2(B)(1).
13 CUMC § 5708(L).
14 CUMC § 9174.2(B)(7).
15 CUMC § 9174.2(B)(7), CUMC § 5708(J).
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Mandatory training will be a two-week course, specially designed by management, to
cover job duties16, rules and procedures required to follow state and local law,
diversion prevention17, track-and-trace18, usage impact, possession and use limits,
rules and procedures required to be in compliance with state and local law19, and
other pertinent information.
For non-managerial security personnel, this will include the same guard card training
discussed above. The rules and procedures that will be carefully reviewed with
employees will include, but not be limited to:
Procedures surrounding the provision of access, during regular business hours,
to City officials, officers or consultants hired by the City to inspect and verify
compliance with this article.20
Track-and-trace, and notifying the applicable State authorities and the Ukiah
Police Department within twenty-four (24) hours of the discovery of any theft,
loss, or criminal activity.21 Such notification training shall include instruction
that notification must be in writing, include the date and time of occurrence of
the theft, loss, or criminal activity, and a description of the incident including,
where applicable, the item(s) that were taken or lost.22
This reporting protocol shall go into effect upon the discovery of a significant
discrepancy in the business’s inventory23, if Wine Country Cannasseurs becomes
aware of or has reason to suspect diversion, theft, loss, or any other criminal activity
pertaining to the operations of the business 24, including if by an agent or employee of
the business pertaining to the operations of the business.25
The above protocol will also be activated if Wine Country Cannasseurs becomes aware
of or has reason to suspect the loss or unauthorized alteration of records related to
16 CUMC § 5708(L).
17 CUMC § 9174.2(B)(3).
18 CUMC § 9174.2(B)(3).
19CUMC § 5708(L).
20 CUMC § 9174.2(B)(11), CUMC § 5708(S).
21 CUMC § 9174.2(B)(12), CUMC § 5708(T).
22 CUMC § 9174.2(B)(12), CUMC § 5708(T).
23 CUMC § 9174.2(B)(12)(a), CUMC § 5708(T)(1).
24 CUMC § 9174.2(B)(12)(b), CUMC § 5708(T)(2).
25 CUMC § 9174.2(B)(12)(c), CUMC § 5708(T)(3).
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cannabis goods, customers or clients, or the business’s employees or agents26, or if we
become aware of or has reason to suspect any other breach of security.27
All agents, officers, employees, and others acting for Wine Country Cannasseurs will
have a laminated or plastic-coated identification badge issued by us upon the
completion of training. The badges will be labeled with our name, Wine Country
Cannasseurs, and license number, the employee’s first name, the employee’s unique
employee number, as well as a color photograph at least one inch in width and one
and a half inches in height.28
The only way that our employees can meet Wine Country Cannasseurs high standards
is by understanding their duties. Therefore, in addition to the training mentioned
above, each employee will be provided a copy of an employee handbook. A copy of the
handbook is attached here as Exhibit C. Through training, education, and
communications, we seek to build and maintain a cohesive, effective, and happy team.
The breakdown of positions, and how they will be shared between the facilities, will
occur as laid out below.
The Dispensary.
Manager(s), Jay Donnellan, and Preston Bruner will primarily manage the dispensary.
In addition, the dispensary will employ between ten and twelve individuals who will
serve as budtenders/delivery personnel. Each employee will be at least 21 years of
age, will provide proof of their age via government issued identification . Each employee
will also undergo a LiveScan criminal background check as required by the City of
Ukiah.
The dispensary will also have two or three security personnel assigned to assuring the
facilities safety. By hiring security personnel who are not also managers, Wine
Country Cannasseurs will ensure that access to the storefront dispensary is
sufficiently secured and provide extra safety to both workers and customers
Duties of budtenders/delivery personnel are explained in detail under the business
operation plan, included in this application.
26 CUMC § 9174.2(B)(12)(d), CUMC, § 5708(T)(4).
27CUMC § 9174.2(B)(12)(e), CUMC, § 5708(T)(5).
28 BCC § 5043.
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There will always be at least one manager on duty at the dispensary to perform any
necessary both managerial and security duties.
The Distribution Facility.
Jay Donnellan, Preston Bruner, and Jamie Fimbres will primarily manage the
distribution facility. These Managers will also perform many everyday operations,
including product intake, packaging, trimming, outgoing product, and movement of
product to the dispensary.
The number of managers present is outlined under the business operation plan,
included in this application.
Some actions in the distribution facility will require work from individuals in addition
to managers. Such duties include, but are not limited to, trimming, weighing,
packaging, and labeling cannabis from the cultivation facility of the microbusiness.
These duties are seasonal and will be scheduled in advanced. These duties will be
performed by budtenders, cultivators, and seasonal staff as necessary.
There will always be at least one manager on duty at the distribution facility during
operating hours. to perform both managerial and security duties when security duties
overlap with other managerial requirements/or responsibilities.
The Cultivation Facility.
The cultivation facility will be run by the two Lead Cultivators, Jamie Fimbres, and
Matthew Sear. At our current contemplated size, Mr. Fimbres and Mr. Sear will be
able to complete the cultivation duties themselves, but eventually , hope to expand our
cultivation team. Trimming and processing is a job that cannot entirely be handled by
Mr. Fimbres and Mr. Sear. As such, budtenders may be utilized to perform this work
during slow hours, or seasonal workers will be hired and scheduled in advanced . Both
of our managers are over 21 years of age and will undergo a LiveScan criminal
background check as required by the City of Ukiah.
The specific duties of these cultivators are detailed in the business operations plan,
included in this application.
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There will always be at least one manager on duty at the cultivation facility to perform
both managerial and security duties when security duties overlap with other
managerial requirements/or responsibilities.
BUSINESS OPERATIONS PLAN.
MISSION STATEMENT.
“Humbly serving people with excellence, gratitude, and passion.”
Wine Country Cannasseurs is a collaborative entity that brings together a small group
of experienced cannabis entrepreneurs who, together, are dedicated to providing
patients with consistent quality medicine and to broadening the medicinal and adult-
use market.
To survive in the growing regulated market, and to provide the quality that we pride
ourselves on, Wine Country Cannasseurs seeks to be vertically integrated. Becoming
vertically integrated will enable Wine Country Cannasseurs to grow cannabis and
handle the distributor's responsibilities, such as packaging and quality assurance,
thus allowing the company to keep the cost of the products lower for the consumer. By
operating as a microbusiness, we are not only able to able vertically integrate to keep
our prices lower for the consumer but will also be able to bring the members of
SureFire Selections, experienced pre-regulated industry cultivators, onto our team and
allow them to enter the legally regulated market.
In order to successfully operate a microbusiness, we will operate from three adjacent
units that we are currently renting on East Street, all of which are correctly zoned for
commercial cannabis operations. One unit will be used for cultivation, one for
distribution, and the other for retail. This will ensure safety and compliance with local
and state regulations by eliminating any public access to the distribution or
cultivation facility.
Our goals begin with those that have been pursued and practiced by our cultivators
for years, and are simple:
1. To cultivate the BEST grade cannabis in the world.
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2. To give our consumers/members a direct insight of how their product is
developed.
3. To educate the broader public as a whole and raise awareness of the best AND
the worst that is happening in cannabis culture today.
4. To be a responsible and productive member of our local community and a
leader in our industry.
“The Best.”
But what does this mean? When we say that we aim to produce “the best” product,
“The best” does not mean the most potent THC content; it does not indicate the
largest quantity; and it does not mean the shiniest packaging. “The best,” to us,
means the healthiest. From this objective, everything else follows.
“The best” means that our cultivation does not use any petroleum-based nutrients
with heavy metals. Any synthetics we use are pharmaceutical grade, clean, and non-
chemical based. Most of what we use is approved for use in organic farming. It means
we do not use chemical pesticides of any sort, nor do we use chemical insecticides,
miticides, fungicides, or ovicides. It means we care about our consumer and make
sure to do thorough research on any products we use on our/your plants. It means we
focus on the PLANT and its health. We focus on growing plants that are nutrient
dense, in soils that are LIVING and teeming with microbial activity. We thrive on
coming into a workplace of beautiful, healthy plants. We won’t settle for anything less
because we believe that plant health and human health go hand in hand. And whether
the cannabis is for a patient or an adult recreational user, everybody deserves to be
healthy.
“Direct View - Know Your Farmer.”
Wine Country Cannasseurs believes in the Farm-to-Table model. This is primarily why
we want to be vertically integrated. Vertical integration is becoming more of a staple,
especially in Northern California. Wine Country Cannasseurs believes in knowing your
farmer and forming relationships with the people who grow our produce. Such a
philosophy creates confidence in the consumer and integrity in the farmer.
Similarly, we believe that you should have that same relationship with your cannabis
farmers. Wine Country Cannasseurs believes that when it comes to cannabis, there is
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nothing better than seeing your plants grow, and knowing what is going into them. We
believe that this ideal will create confidence in our consumers that the utmost care
has gone into the products that they consume.
This ideal is one of the reasons we document on social media and create content of our
gardens to explain all of the things we do so that you can see firsthand what exactly
we use at the root zone and on the leaf surface of the plant and why. It transforms
cannabis from an intimidating and unknown drug to a rather beneficial plant.
“Education, Education, Education.”
Most of the general public have preconceived notions and opinions on cannabis
because they are misinformed and uneducated on the subject. Cannabis consumers,
growers, distributors, and also the general public who don’t consume cannabis at all,
need more education. We strongly believe that education is the key to the future of the
cannabis industry.
We are always seeking further our knowledge by taking various education courses,
doing our own research and development, as well as learning from other members of
the industry. We are the innovators, and we look to other innovators to help inspire
and educate us. We believe that collaboration is the key to future development in the
cannabis industry.
Wine Country Cannasseurs’ team has been working in the industry for years. Our
members have observed as cannabis has gone from just legal medicinally in California,
to now being both medicinally and recreationally legal in over half the country. As the
trend of more and more people becoming aware of cannabis continues, we think one of
the best things that we can do is HELP others understand the plant and all that
surrounds it. We want to be able to teach people how to grow their own healthy
cannabis. This is one of the many reasons why we document our gardens and explain
in detail how and why we do what we do. The more people we can educate as to what
healthy cannabis is and how to achieve healthy cannabis, the more successful we will
consider our efforts to be.
“Community.”
Cannabis cultivation has a bad reputation because it continues to be criminalized
federally and in some states. Even in states where it has been legalized, there are still
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many ways for individuals to be prosecuted. With so many uncertainties and very few
entities becoming licensed, the reputation of cannabis cultivation and cultivators has
become tainted.
In some communities, gardeners have had a positive and welcomed influence and role.
However, this has not been the case in all communities. We understand this, and we
know why this is so. As such, we have mirrored our best-in-class approach to
cultivation with a best-in-class approach to community relations and the cannabis
industry as a whole.
We plan to have a strong presence at local cannabis events as well as use our
dispensary storefront and delivery service to share information about our cultivation
and what we do. We will meet with other select industry actors and exchange ideas,
experiences, and knowledge. It is important for us to maintain a strong network and
excellent reputation in the cannabis community online and in person.
We understand that, given our mission, we have a responsibility to lead and to lead by
example. We are proud of what we do and the way we do it. We are different, we are
involved, and we are current. We have an obligation to all of the people we interact
with to earn their trust. We have been successful in that so far and are excited to see
what the future holds for cannabis and our place in the industry. We understand that
this will take hard work, time, and consistency in action. We are happy to do it!
FACILITY.
A big part about who we are and how the community will interact with us is our
facility. As a microbusiness, we will have three separate units as part of our facility; a
dispensary, a distribution facility, and a cultivation facility. Only the dispensary will
be open to the public.
In taking care of our facility, we take care of our community. To do so, we will ins titute
a strict managerial policy to ensure that all reasonable steps are taken to discourage
and correct any conditions that are objectionable to our neighbors. This includes the
elimination of nuisances in the parking areas, sidewalks, alleys, and areas around our
premises and adjacent properties during business hours that may be created by our
patrons.29 Our policies will include requesting those engaging in objectionable
29 CUMC § 5708(M)(1).
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activities to cease unless it would threaten personal safety; in such cases, law
enforcement will be notified promptly.30 The behavior we will specifically be on the
lookout for includes disturbances of the peace, consumption of cannabis or alcohol,
harassing passersby, excessive littering/loitering/loud noises, illegal parking, lewd
conduct, or excessive police detentions and arrests.31
Postings outside of our facilities will be minimal and comply with local regulations. We
will also post the contact information for Jay Donnellan so that we can work to resolve
any community concerns without the City or law enforcement. We will have
appropriately lit address identifications, and a single sign to identify our business as
laid out in our plans.32 We will be sure to comply with illuminated address signs
requirement in addition to our single wall sign that will not obstruct the entrance or
windows.33
ODOR.
We understand that one of the aspects of cannabis that can bother neighbors is the
odor, and even though we enjoy the scent, not everybody does. In order to be a good
neighbor and comply with local and state regulations, we will be installing odor control
units in all three buildings. Additional units will be added to the cultivation and
dry/trim room as necessary. This will prevent odors generated from any storage and
cultivation from being detected outside the premises by a person of normal
sensitivity.34
We will be using Original Carbon Filters to make sure no odors escape the property.
These Original Can-Filters are specifically designed for the control of VOCs (cannabis
odors.) and other gaseous contaminants. Built with the same proven packed bed
design and pelletized virgin activated carbon they have used for 30 years, this line of
time-tested activated carbon air filters sets the standard for long life, consistent
performance, and low pressure drop. Rated at a conservative 0.1 second contact time,
30 CUMC § 5708(M)(1)(a).
31 CUMC § 5708(M)(2).
32 CUMC § 5708(I).
33 CUMC § 9174.2(B)(6), CUMC § 5708(I).
34 CUMC § 9174.2(B)(5)(b), CUMC § 5708(H)(4).
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these filters provide excellent value and odor control. Ventilation plays a key role in
the growth of indoor plants as the plants can exchange gases properly.
We will also be using The Max Fan 12in Inline Fan which are powerful fans, with their
strong 12 inches blades, they can circulate the air in the grow rooms more efficiently
than other fans of its size. These fans have a thick foam liner which helps the unit
produce little noise. This liner suppresses all sounds during the ventilating operation
of the fan. Not only can heat be dissipated with this fan-resulting in suitable
environment for healthy plants, it can also help with pests and create clean healthy air
for a great working environment. They are aerodynamically designed and made from
galvanized aluminum that makes it very light and easy to handle. It functions
remarkably due to the broader 12 inches blades and special inbuilt cooling reflectors.
It can be fixed on the wall or ceiling without hassle. They are energy efficient and
consume much less energy than other fans its size, while still maintaining smooth
functionality. We will have more than enough of these fans and filters all around the
facility, even in rooms that contain no cannabis to ensure 100% odor control.
DISPENSARY.
Wine Country Cannasseurs will serve not only as a welcoming storefront location for
both veteran cannabis users and individuals trying cannabis for the first time, or
maybe just for the first time in a long time, but as a safe and reliable source for
cannabis delivered directly to an individual’s home. Many individuals have physical or
mental obstacles that make it very difficult to go to a storefront to get their cannabis.
Whether this is the physical difficulty of driving to a location, a lack of transportation,
or crippling social anxiety, Wine Country Cannasseurs will be able to cater to all local
cannabis consumers.
Wine Country Cannasseurs is dedicated to complying with both the City of Ukiah and
the State of California regulations in all operations and works closely with a
compliance attorney in staying up to date on all legal duties. Our commitment to
compliance includes securing our corresponding state license, carefully screening our
employees, preventing access or employment of minors, and complying with all
operational requirements by both the state and city. To do so , we will create and
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implement policies to prevent access to the dispensary or sales that violate the law,
such as sales to anybody other than qualified patients, caregivers, or eligib le adult use
patrons.
Wine Country Cannasseurs will have its dispensary storefront open to the public and
offer home delivery services between the hours of 9:00 a.m. and 9:00 p.m. Monday
through Saturday.35 We currently only plan to engage in the sale of cannabis and
other items permitted by the city of Ukiah regulations. If we ever wish to expand our
inventory, we will seek approval of the Planning Commission. No more than 150
square feet of the storefront will be used to display and sell devices necessary for
administering cannabis, such as papers, pipes, and other devices.36 We will never
provide cannabis or cannabis products through a drive-through window. On Sundays,
our hours of operation shall be limited to 1:00 p.m. to 9:00 p.m., to avoid any conflict
with the services times of our neighboring church. Limiting our hours will also enable
us to prevent parking congestion, illegal parking, and any other adverse impacts on
the church.
Our dispensary team will be composed of two categories of employees: Managers and
budtenders/delivery Persons (BT/DP). Managers will be considered multi-purpose
employees who can perform both managerial and regular employee services depending
on need. All managers will receive guard card training and certification. The training
program is offered by Weinstein Security and ensures that all participants are licensed
by the Bureau of Security and Investigative Services and undergo training that
complies with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions
Code.
During the hours that the dispensary is open to the public, there will be at least two
BT/DP present at the dispensary building. BT/DP employees will work 8 hours shifts
that are staggered to overlap with one another. There will always be at least one
manager on duty at all times.
While each day will bring its specific actions and requirements, the average dispensary
schedule will follow the general outline below:
35 CUMC § 5708(E).
36 CUMC § 5708(G)(2)-(3).
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1. A security guard arrives at 8:30 a.m. Upon arrival, they will log in and put on
their employee badge. At that point, they will prepare their desk station at the
front of the building in the lobby. From this location, they will be able to access
both the first computer for customer check-ins and monitor the second
computer set up for security purposes. Before the 9:00 a.m. door open, they
will perform a perimeter check on all three facilities (i.e., dispensary,
cultivation, distribution).
2. The manager arrives at 8:30 a.m., and unlocks the gate to the back employee
parking lot to allow for employees to park. The manager will also verify that
there has been no disturbance of the facility, which would be marked by broken
windows, forced doors, or other signs of entry. Upon confirmation of security,
the manager will login and collect their badge. They will then turn on the
dispensary computers and lights and check the dispensary floor displays. The
Manager will then lay out badges for the employees who are scheduled to arrive
at 9:00 a.m.
3. The manager will then go to the vault at 8:45 a.m., to retrieve product samples
for the displays and $100 in change for the register. The manager will then log
into the vault (recording the time of entry), will retrieve the samples and cash,
and will ensure the vault is locked behind before logging the time of closure of
the vault.
4. The budtenders/delivery persons (BT/DP) will arrive on a staggered schedule.
BT/DP #1 will arrive at 8:30 a.m., with the Manager. They will login and
retrieve their badge and wait as the manager confirms there are no signs of
disturbance. Upon completion, BT/DP #1 will sign into one of the computers
and checks dispensary emails. Depending on the number of emails, BT/DP #1
will also help prepare displays. BT/DP #2 will arrive at 9:00 a.m., and park in
the back lot. They will also login and retrieve their badge.
5. At 9:00 a.m., the dispensary storefront will open to the public. The patient and
customer check-in desk will be prepped and manned by a security guard to
receive customers, confirming age and/or patient status using government
identification and recommendations or medical marijuana program
identification cards, and buzz them into the dispensary. The security guard will
also monitor the security cameras on their computer.
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6. Between 10:00 a.m. and 4:00 p.m., distributors are welcomed to come by and
deliver the pre-ordered product. (See Distribution Plan.)
7. During open hours, the dispensary will receive customers throughout the day.
The Bud Tenders will concentrate on helping customers, showcasing products,
and replying to emails with the retail floor computers. Email review will include
staying updated on the OnFleet software that will be used by Wine Country
Cannasseurs. OnFleet will allow BT/DP to check for orders coming in by
computer and phone. When an order comes in, and a BT is not actively helping
a customer, and there is no line for in-store customers, they will perform
delivery services. (See Delivery Plan.) Deliveries are scheduled to occur at 10:00
a.m., 2:00 p.m., and 6:00 p.m.
BT/DP’s have the option to take two ten-minute breaks throughout the day. Breaks
will occur at appropriate times, based on delivery and customer needs
1. Throughout the day, the manager will access the vault to stock product for
retail and delivery, and to deposit money from sales and delivery. The manager
will go to store cash in the vault anytime the cash register exceeds $1,000. The
default schedule for this will be every two hours.
2. At 1:00 p.m., the security guard will have an option to take a break but will not
be permitted to leave the premises without coverage. During this break, the
manager will take over the front check-in desk. During their shift, security
guards will always remain on premises, either the monitoring security computer
or walking the premises.
3. At 1:00 p.m., BT/DP #3 will arrive, login, get their badge from manager #1, and
relieve BT #1 for their 30-minute unpaid lunch break. BT #3 will check the
retail floor to ensure it is correctly displayed and stocked and will work the
dispensary front.
4. When BT #1 returns from lunch break, they will relieve BT #2 for their 30-
minute lunch break. When the BTs leave for lunch and return from break, they
shall logout and log back in. This logout process will include removing their
badge if they leave the micro-business premises.
5. 8:30 a.m. to 4:30 p.m., is the shift for BT/DP #1. 9:00 a.m. to 5:00 p.m., is the
shift for BT/DP #2.
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6. At 2:00 p.m., security guard #2 will arrive. They will check in, retrieve their
badge, and then take over duties at the front desk checking customers in and
buzzing them back to retail. Upon the arrival of security guard #2, security
guard #1 will be free to leave. They will logout, remove their badge, and exit the
premises.
7. At 4:00 p.m., manager #2 will arrive. They will log in, retrieve and put on their
badge, and have a meeting with manager #1 to get information on the day.
Manager #2 will then take responsibility for checking the retail floor and the 2-
hour vault deposits. The manager will also assist BT/DP in all retain activity
and assign out tasks as necessary.
8. At 4:15 p.m., BT/DP #4 will arrive, login, retrieve their badge, and go out to the
retail floor.
9. Manager #1 will leave at 4:30 p.m. once they have passed along information to
manager #2. At that time, both managers will go to the vault and ensure that
manager #1 collects the money to be deposited. This process will prevent too
much cash from accumulating on site and attracting criminal activity. Manager
#1 will have the amount of cash verified by manager #2 and will be let out of the
locked parking lot by manager #2.
10. At 4:45 p.m., BT #2 will print out an end of the day report, meet with the on-
duty manager, and turn in their cash drawer. They will then clock out, logout,
and turn in their badge at 5:00 p.m.
11. At 5:30 p.m., BT #3 will take a 30-minute break, checking in with the manager
on duty. When they return from break, they will continue assisting on the retail
floor, taking delivery orders, and preparing orders for delivery.
12. From 5:30 p.m. to 9:00 p.m., retail operations and delivery operations will
continue.
13. At 8:45 p.m., BT #3 will report to the manager, turn in their cash drawer, clock
out, logout, turn in their badge, and exit through the back parking lot.
14. At 9:00 p.m., the dispensary floor will close. Once the last customers have left,
all product inventory remaining on the shelves will be collected by the manager
and remaining BTs and will go in the vault.
15. At 9:15 p.m., BT #4 will report to the manager, turn in their drawer, and help
with closing up procedure. This will include verifying reports, putting cash in
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the vault, and assisting in any other area as needed. BT #4 will leave at 9:30
p.m., after logging out and turning in their badge.
16. The manager secures will then lock the building with security guard #2 and exit
through the back door, arming the alarm as they go.
While outlined above, there are specific policies that we believe need to be emphasized
in training and repeated in this application. It is these policies that make it clear that
we will meet all the operating criteria for both the city of Ukiah and the State of
California as required by law.
The entrance to the Wine Country Cannasseurs dispensary will be manned by a
security employee making sure to prevent access to underaged individuals and
monitor site activity to control loitering and site access. Specifically, anybody under
the age of eighteen (18) will not be given access unless they are a qualified patient or a
primary caregiver and are in the presence of their parent or guardian37. At our
entrance, there will be a clearly and legibly posted notice indicating that persons
under the age of eighteen (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.38 Because we will also serve adult-use clients, we will have a
clearly and legibly posted notice indicating that non -patients under the age of twenty-
one (21) are precluded from entering the premises. Also, prominently and
conspicuously displayed will be our use permit so that all persons entering the
business will easily see it.39
We understand that the burden of proof in showing that we prevent underaged access
is ours and that we must do so by clear and convincing evidence .40 Our policies on
checking identification and the highly surveilled nature of the dispensary will make
such a burden of proof easily met.
In addition to having the entrance to the dispensary carefully screen for minors, we
will also keep the building locked with entry carefully watched by security personnel.
Security personnel will verify age and/or patient status upon entry to the dispensary
37 CUMC § 5708(B)(2).
38 CUMC § 5708(B)(3).
39 CUMC § 5708(P).
40 CUMC § 5708(B)(4).
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lobby and carefully and strictly control entry to the dispensary floor.41 The setup of the
lobby prevents anybody from entering the dispensary without being seen by the
security personnel at the front desk.
Security personnel will also monitor activity on the site and control site access while
being in communication with other staff to control loitering and further site access.42
Wine Country Cannasseurs will service both medicinal and adult-use cannabis users.
As such access to our site will be limited to dispensary staff, primary caregivers,
qualified patients, persons the age of twenty-one (21) and over, and persons with bona
fide purposes for visiting the site.43
Patients and primary caregivers will only be permitted to visit the dispensary once they
have a valid written recommendation.44 Only a primary caregiver and qualified patient
or persons the age of twenty-one (21) and over will be permitted within the dispensing
area with dispensary personnel. All other authorized visitors shall remain in the
designated waiting area in the front entrance/lobby.45 Restrooms shall remain locked
and under the control of management.46
While we will provide dispensing services and educational materials for medicinal
cannabis patients, we will not have a physician on site to evaluate patients and
provide a recommendation for medical cannabis.47
Further, we will maintain and verify patient records 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 Identification Card.48
We understand that documentation identifying the names of patients, their medical
conditions, or the names of their primary caregivers are confidential documents and
that disclosure of such documentation is prohibited pursuant to the Federal Health
Insurance Portability and Accountability Act of 1996 and the Confidentiality of Medical
41 CUMC § 5708(C)(1).
42 CUMC § 5708(C)(2).
43 CUMC § 5708(C)(3).
44 CUMC § 5708(C)(4).
45 CUMC § 5708(C))5).
46 CUMC § 5708(C)(6).
47 CUMC § 5708(D)(4).
48 CUMC § 5708(D)(2)(b).
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Information Act. As such, we will maintain records of all qualified patients with valid
identification cards and primary caregivers with valid identification cards using only
the identification card numbers issued by the state, or its agents, pursuant to
California Health and Safety Code section 11362.49 The records will be maintained
electronically and be readily availed to any authorized agents of the city or state
requesting them.
Inventory control and storage of cannabis and cannabis products is outlined in our
storage and inventory plan, as described in this application.
Product Recalls
If we are notified of a product recall, we will immediately pull all items off the shelf and
store them in a disposal bin labeled recall, inside of our safe room. Any products that
have been sold to a customer are stored into our computer system. In the event of a
recall, we will be able to track each product back to each customer and will inform
them of the recall. We will keep all recalled products stored until we receive further
instructions from the distributor.
We may allow a customer to return cannabis goods previously sold to them, but no
such returned item will be resold.50 Any cannabis goods abandoned on our premises
will be considered the same as a return.51
DELIVERY.
Delivery activities will be operated from the dispensary space, behind storefront retail
activity and designated and accessible only to budtender/delivery Persons (BT/DP),
managers, and security personnel. No public entry is permitted in the dispensary
space.
Deliveries will go out based on a daily schedule , Monday through Sunday. The delivery
schedule will include deliveries at 10:00 a.m., 2:00 p.m., and 6:00 p.m., with a
possible last delivery at 8:00 p.m.; based on demand. On Sunday’s deliveries will only
take place at 2:00 p.m. and 6:00 p.m., with an optional 8:00 p.m., delivery based on
demand.
49 CUMC § 5708(K).
50 BCC § 5410(b)-(c).
51 BCC § 5410(d).
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Wine Country Cannasseurs will utilize OnFleet software as the platform for delivery.
OnFleet will sync with our Point of Sale (POS) system TREEZ and will facilitate
communication between managers and delivery persons. The software will provide
efficient driving routes, real-time driver tracking, and provide updated information to
the patient or customer. OnFleet software is an app downloaded on work phones and
made available to employees. These phones will only be accessible to employees during
business hours for specific job functions.52 OnFleet also collects data as it goes,
allowing for information to be carefully tracked and used to make Wine Country
Cannasseurs more responsive to the needs of the individuals we serve and to keep
accurate records to prevent diversion and other crimes.
When an online order or phone order comes in, a budtender will enter the order into
the computer system and print an inventory invoice of the order. Using this invoice,
the budtender will then select the ordered inventory from the retail space or retail
storage. This order will then be double checked against the invoice as it is packaged in
an exit bag. This verified order and the corresponding receipt will then be taken to the
back room where it will be stored on the timed shelves according to the arranged
delivery schedule. OnFleet helps us to facilitate our delivery, but do not perform any of
the delivery services.53 Wine Country Cannasseurs delivers all cannabis and cannabis
products.
Further, while we pay for the services provided by OnFleet, the price of the services is
not based upon our sales, so there is no prohibited profit sharing or percentage
portion paid54. When placing orders, patients and adult-users will be informed that
they are being served by Wine Country Cannasseurs and have our license number
available to them.55 All receipts will have our name and license number on them so
that no customer is confused by who is providing the delivery service .56 We will not
advertise our cannabis or cannabis goods in conjunction with OnFleet, and we will not
allow them to advertise using Wine Country Cannasseurs.57
52 BCC § 5417(d).
53 BCC § 5415.1(b).
54 BCC § 5415.1(b)(2).
55 BCC § 5415.1(b)(4)(A).
56 BCC § 5415.1(b)(4)(B).
57 BCC § 5415.1(b)(3).
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Wine Country Cannasseurs will strictly enforce purchase limits. Adult-use cannabis
users will not be provided with cannabis in excess of 28.5 grams of non-concentrated
cannabis, eight(8) grams of cannabis concentrates, and six immature cannabis plants
per day.58 The same adult-user will not be permitted to exceed these daily limits
whether they place their order in a single transaction or multiple transactions. We will
ensure this through the use of track-and-trace.
Medicinal users will also have daily limits imposed, in the amount of eight(8) ounces of
cannabis flower, 12 immature plants,59 or the amount indicated on their physician
recommendation.60 Customers may not combine their status as both an adult-user
and medicinal cannabis patient to exceed these limits.61
No delivery driver will deliver an order while in an intoxicated condition or under the
influence of a narcotic drug. All delivery will occur only in compliance with all
applicable local and state laws. Delivery will only be made to qualified patients and
caregivers and persons eligible for adult use at their residence in the City or to the
same groups of people outside the city.
The delivery space in the facility will be located within the dispensary building but
shall be separate from the retail floor and vault room. The delivery space will only be
accessible to employees. These employees will enter exit the space to bring in
packaged orders and exit thereafter. The delivery space is located within the same
building as the dispensary. Outside of the retail floor, is an employee only designated
area. A wall separates the retail floor with a door that opens into the employee only
area. This space includes the following:
An employee lounge.
An employee only restroom.
The safe room.
The manager's office/product intake room/outgoing delivery storage
In the managers office there will be a wall of shelves that hold all the outgoing delivery
packages. The shelves will coordinate with the delivery timed schedules. Like all other
58 BCC § 5409(a), CUMC § 5708(D)(1).
59 BCC § 5409(b).
60 BCC § 5409(b).
61 BCC § 5409(d).
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areas, this area will be equipped with security cameras. All individuals performing
delivery order preparation or delivery will operate in accordance with the following
plan, a copy of which will be made available to them.
Protocol:
1. Upon receipt of a delivery order, a budtender will prepare a delivery request
receipt/manifest of the order by entering it into our track and trace equipped
POS system (TREEZ) and print it out. This delivery receipt/manifest will include
Wine Country Cannasseurs’s name and address, the delivery employee’s name
and badge number, the name of the employee who prepared the order, the
name of the customer, the order number, the date and time the delivery was
entered into the system, the delivery address, a detailed description of the
products requested for delivery (including weight, volume, or other applicable
measurement), the total amount paid or to be paid for the delivery (including
taxes, fees, cost of goods, and other charges), and a location to write in the date
and time the delivery was made, and finally, a place for the customer to sign.62
2. Using this manifest, the budtender will then collect the order from the
dispensary floor inventory. If product is not in stock on dispensary floor, the
budtender will inform the manager the item needs to be restocked and will ask
to retrieve the product from the storage room.
3. The budtender will then verify that the manifest and the order are identical,
before packing the order into an exit bag. This fully contained order will be
taken to the delivery area and placed on the shelf corresponding to the order’s
expected delivery. I.E., If it is 11:00 a.m. when the order comes in, it will go on
the 2:00 p.m. delivery shelf, unless the patient or adult-user who ordered it
requested later delivery time.
4. Thirty minutes before delivery, a manager will go to the delivery space to review
the orders. They will then confirm that all items are ready and then reference
our OnFleet program to create an appropriate delivery route. The route will be
planned so that the driver travels only from the storefront to the delivery
addresses, in the quickest and most efficient manner.63
62 BCC § 5420(a).
63 BCC § 5421.
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5. The manager will then create a delivery inventory ledger for the orders, which
will include the type of good, the brand, the retail value, the track and trace
identifier, and the weight, volume or another accurate measure of the cannabis
good.64 This inventory ledger will identify all cannabis goods prepared for the
order65 The manager will also verify that the outgoing inventory cost to be
carried within the vehicle does not exceed $5,000.66
6. The manager will then place each separately packaged delivery order in a
transport lockbox and set the lockbox and corresponding inventory ledger near
the exit door.
7. The manager will then meet with the driver to; verbally go over the route,
provide them with the inventory ledger, and ensure that they have sufficient
change/a credit card machine.
8. The manager will then send the route to the delivery driver via OnFleet and
confirm that the delivery driver has received the route correctly. The driver and
manager will then load the vehicle, ensuring that the cannabis goods are within
the enclosed lockbox, secured on the inside of the vehicle, and are not visible to
the public.67
9. The manager will then confirm that the driver has the inventory ledger, a copy
of Wine Country Cannasseurs’s current license, a government-issued
identification, and an employee identification badge.68
10. The manager will then open the locked security gate to allow for the delivery
vehicle to exit the premises. Immediately after the delivery vehicle has exited,
the manager will lock the gate behind them.
11. The manager will then return to the delivery space and monitor the delivery
route via OnFleet’s GPS system, which every vehicle will be outfitted with .69 The
manager will also maintain contact with the driver.
12. During delivery, the driver will maintain a log that includes all stops from
leaving the facility to returning.70 No driver will consume any cannabis goods
64 BCC § 5418(e).
65 BCC § 5418(e).
66 BCC § 5418(a) and (b).
67 BCC § 5417(b).
68 BCC § 5415(e).
69 BCC § 5417(d).
70 BCC § 5418(f).
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while delivering goods to customers.71 Delivery will only take place at a physical
address in California, will never utilize a route that leaves the State of
California, and will not be delivered to an address located on publicly owned
land, any address on land or in a building leased by a public agency 72, or any
school, day care center, or youth center.73
13. At the time of delivery, the delivery employee will remove the specific order from
the lockbox and then carefully re-secure the lockbox of the other orders. The
vehicle will then be locked and armed behind the driver so that no cannabis
goods are ever left in an unattended motor vehicle unless the vehicle is locked
and equipped with an active vehicle alarm system, and all goods are secured in
the enclosed lock box.74
14. The delivery driver will begin the delivery by requesting the customer’s
identification and, if applicable, physician recommendation. Before any delivery
may be made, the driver must verify the customer’s identity, age, and (if
applicable) physician’s recommendation, using an acceptable form of
identification as established by state law.75
15. The employee will also complete the delivery request receipt, have the customer
sign the appropriate line, and then provide the customer with a hard or
electronic copy.76 The delivery driver will thank the customer for their business
and return to the vehicle.
16. After each delivery stop, the delivery driver will update the inventory ledger,
marking each delivery as successful or not completed.77 During the process of
delivery, the delivery employee will not engage in any activities except for
cannabis goods delivery and necessary rest, fuel, or vehicle repair stops.
17. Upon the driver’s return, a manager will open the security gate to allow the
vehicle to enter. The manager will then lock the security gate behind the
vehicle.
71 BCC § 5419.
72 BCC § 5416(c).
73 BCC § 5416(e).
74 BCC § 5417(c).
75 BCC § 5415(f).
76 BCC § 5420(b).
77 BCC § 5418(e).
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18. The driver will then unload and log all undelivered cannabis products, money,
and documentation. The delivery driver will provide the log to the manager, in
which all stops were recorded as well as the final signed copies of all receipts.78
The only non-planned stops permitted on the route log will be those necessary
for rest, fuel, or vehicle repair stops, or because road conditions make
continued use of the route unsafe, impossible, or impracticable.79
19. The Manager will then enter all logs, delivery request receipts, and other logs
into the database, place all cash in the safe room, and secure the CC swipe
machine.80 This protocol will be repeated for each delivery.
Vehicles.
To ensure safety and compliance, Wine Country Cannasseurs will have a company
owned delivery vehicle used for delivery and distribution transportation.81 The GPS
tracking of this vehicle will be done through the use of a company owned cellphone
with the OnFleet App.82 Cannabis and cannabis products will be stored in the lock
boxes described above for safe movement from facility to vehicle.83
Ensuring that our vehicles meet local and state standards is of the utmost
importance. Only our employees will operate our vehicles, and only employees will be
present in the vehicle.84 Each vehicle used will be a fully enclosed motor vehicle
without any marking or indication that it is carrying cannabis goods for delivery on
the outside.
Further, no cannabis or cannabis products will be visible from outside the vehicle to
the public.85 All cannabis or cannabis products will be locked in a fully enclosed
container which shall be secured on the inside of the vehicle.86 No part of the box will
be comprised of any part of the body of the vehicle, including the trunk.87 Cannabis
and cannabis goods will only be left unattended in the vehicles if they are stored in the
78 BCC § 5418(f).
79 BCC § 5421.
80 BCC § 5418(f).
81 BCC § 5311(a).
82 BCC § 5417(d).
83 BCC § 5417(b).
84 BCC § 5417(a).
85 BCC § 5417(b).
86 BCC § 5417(b).
87 BCC § 5417(b).
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locked container, and the vehicle is locked and equipped with an active vehicle alarm
system88.
Every vehicle will be equipped with a Global Position System (GPS) device while
performing a delivery service. This GPS service will be provided through OnFleet and
will track the geographic location of the vehicle as well as record a history of all
locations traveled to by the delivery driver while engaged in delivery. OnFleet, as
described in the Inventory section of this application, is an App. This App will be
installed on work phones that will be owned by Wine Country Cannasseurs and used
only for delivery services.89 Each delivery phone will be temporarily affixed in the
vehicle and remain on for the entire delivery, enabling a manager back at the
dispensary to access the GPS information. All of this GPS information will be made
available to the Bureau of Cannabis Control (BCC) upon request, and the GPS history
will be maintained for a minimum of 90 days.90
Beyond the GPS information, information regarding Wine Country Cannasseurs’s
vehicles, including the vehicle’s make, model, color, vehicle identification number,
license plate number, and California Department of Motor Vehicles registration
information, will be made available to the Bureau of Cannabis Control (BCC) upon
request.91 Every vehicle is subject to inspection by the BCC during delivery or at any
facility, and drivers will be aware of this fact before beginning any delivery.92
All items will be packaged and sealed in mandatory packaging that will cut down
odors. The vehicle will have an air system for odor control, specifically a Blue Air,
Blue Pure 411, 161-foot air purifier. This will prevent cannabis from being detected
from outside the vehicle by scent, just as no cannabis will be visible from outside the
vehicle.
DISTRIBUTION.
As a microbusiness, Wine Country Cannasseurs plans to provide in-house distribution
so that we can take the cannabis we cultivate and lawfully have it available to the
88 BCC § 5417(c).
89 BCC § 5417(d).
90 BCC § 5417(d).
91 BCC § 5417(e).
92 BCC § 5417(f).
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patients and adults who we serve through our dispensary. We also plan on offering
distribution services to other licensed commercial cannabis businesses, mainly as we
grow.
The distribution portion of our facility will be open between 9:00 a.m. and 5:00 p.m.,
Monday through Friday. Distribution appointments will occur between opening and
closing, and if processing time is required beyond our usually scheduled hours, we will
arrange to accommodate that. Such an arrangement will be possible because all
incoming vehicles and deliveries will be by appointment only and will require no less
than 24-hours notice. Distribution appointments will be regularly scheduled a week in
advance. Upon reservation, the other licensee will provide the license plate number
and driver’s identification so that a manager can check it upon entry into the gated
parking lot.
Protocol:
1. The third-party licensee driver will pull up to back gate at the designated time,
and a manager will check that their vehicle’s license plates and driver’s
identification match the information on file. If the information does not match,
the manager will contact the third-party licensee for confirmation of the driver’s
identity.
2. Once the driver’s identity is verified, either against the information provided or
by contacting the third-party, they will be let into the gated parking lot. As soon
as they enter the gate will be closed and locked behind them.
3. They will be directed to park as close to the distribution building entrance as
possible and will be escorted into the distribution building. At least one security
trained individual will stay in the parking lot to ensure that the vehicle holding
the cannabis or cannabis products is not left unattended.
4. The manager will have the driver sign in on an iPad and provide the manager
with a copy of the shipping manifest.
5. The manager and the driver will then go back to the vehicle and unload the
product. The product will be checked against the shipping manifest as it is
unloaded under video surveillance.
6. Once the product is verified against the manifest, the manager will accept any
necessary tax payments and provide payment to the third-party licensee driver.
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7. The driver will then sign out on the iPad and return to their vehicle, escorted by
the manager.
8. The driver will then be let out of the back compound, with an individual
manually unlocking, opening, closing, and relocking the gate behind the driver.
9. The third individual, either another manager or a BTD, will stay in the secured
distribution building to log the new product.
10. Once the third-party driver has left, the manager will go back to the
distribution building and verify the work of the third individual.
11. After the inventory is verified, the manager will take the cannabis and cannabis
products to be stored in the safe or take them to the retail building, depend on
inventory needs in the dispensary. All product taken to the storage room will be
logged in or will be logged out to the dispensary. If the third individual has the
appropriate inventory software allowances, they will log the verified inventory
into the computer. Otherwise, the manager will do so.
In addition to being a location for third-party deliveries to take place, the distribution
facility will also be used as a location for testing samples to be obtained by a licensed
testing laboratory. Wine Country Cannasseurs will partner with Anresco Testing
Laboratory for our testing needs. If necessary, we will also partner with Sonoma Lab
Works or another properly licensed testing laboratory facility. Additionally, the
distribution facility will be where Wine Country Cannasseurs will process our in-house
cannabis flower. This will include rolling flower into pre -rolls, packaging flower, and
labeling packages.93 Beyond curing our in-house flowers, the only processing and
packaging steps that will be taken before sending our cannabis out to be tested will be
bulk packaging for storage and pre-rolling all joints/pre-rolls.
Pre-Rolling.
All individuals performing work as part of Pre-Roll Protocol will operate in accordance
with the following plan, a copy of which will be made available to them.
Protocol:
1. Hygiene standards implemented by Wine Country Cannasseurs will require all
employees to wear a lab coat, protective eye gear, gloves, and a hairnet. All of
93 BCC § 5303(a).
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these will be disposable, except for the glasses which will be wiped down with
an alcohol cleaner before and after each use and kept in a closed plastic bin
between use.
2. All rolling will be done on table three in the distribution building, which is the
table measuring four feet long. The table will be equipped with rolling papers,
grinders, a large rolling tray, and a rolling machine by rocketbox.
3. When rolling for pre-rolls, one employee with a weighmaster certification will
bring a vacuum sealed flower bag to the table.
4. The employee will make sure the flower is ground up using a grinder so that the
flower will fit inside of each rolling paper.
5. Depending on the type of pre-roll to be created, these units will be placed within
reach of a rolling tray where the employee will begin to prepare the pre -rolls.
6. Each pre-roll will either contain approximately 0.6 grams or one gram per pre-
roll and will be placed with other pre-rolls of the same size to be packaged
either individually or in larger packs.
7. All pre-rolls will be prepared with cannabis flower that has already passed
compliance testing.
Testing.
To ensure that all cannabis and cannabis products that pass through our facility are
tested, we will implement a strict policy of distinguishing tested and untested
cannabis and cannabis products. Details on this storage can be found in the
Inventory/Storage portion application. Testing is not a service that we are permitted to
provide. As such, we will be using the third-party licensed testing laboratory Anresco,
Sonoma Lab Works, or another adequately licensed facility for all of our testing.
Protocol:
1. Upon completion of harvest, curing, trimming, pre -rolling and preparing bulk
packaging, or after receipt of a cannabis or cannabis goods batch from a third-
party producer, one of our distribution managers will contact the testing lab
and arrange for them to come to the facility and select representative sample of
each product.94 All Wine Country Cannasseurs products will be tested before
they are packaged.
94 BCC § 5304.
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2. When the appointment is set, the testing lab will provide the name of the
individual coming to take the sample. This will allow the on-duty manager to
verify their identity when they do come to the facility.
3. When the testing agent arrives at the facility, a manager will greet them at the
gate and verify that the driver’s identification matches the information on file. If
the information does not match, the manager will contact the testing lab for
confirmation of the driver’s identity.
4. Once the driver’s identity is verified, they will be allowed into the gated parking
lot. As soon as they enter, the gate will be closed and locked behind them.
5. They will be directed to park as close to the distribution building entrance as
possible and will be escorted into the distribution building.
6. The manager will have a third-party licensee driver sign in and then proceed to
where the untested cannabis products are stored.
7. Wine Country Cannasseurs will have the batch size already prepared and laid
out in an area with video recording.95 Before sampling begins, the manager will
show the camera a written copy of the batch number so that the video
accurately and unambiguously records the sampling. This video will be
maintained for at least 90 days.96
8. The manager will stay with the testing agent while samples are taken to ensure
that the increments are taken from throughout the batch.97 The manager will
not assist the testing agent, nor touch any sampling equipment during
sampling.98
9. Once the sample is taken, both the manager and the testing agent will sign and
date the chain of custody form, attesting to the sample selection has occurred.99
10. The testing employee will then sign out and return to their vehicle, escorted by
the manager.
11. The driver will then be let out of the back compound, with an individual
manually unlocking, opening, closing, and relocking the gate behind the driver.
95 BCC § 5305(a).
96 BCC § 5305(c).
97 BCC § 5305(b).
98 BCC § 5305(e).
99 BCC § 5305(d).
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Wine Country Cannasseurs will only consider testing to have been completed and the
cannabis products eligible for packaging and quality assurance upon confirmation
from the testing lab, and when we have received a certificate of analysis for regulatory
compliance testing that shows the product batch has met specifications required by
law.100
Packaging.
To ensure that the quality of our product is not compromised, we will be sure to
carefully package all of our cannabis to prevent it from going stale. This will include
immediate packaging in bulk store-bags after drying and trimming. These bags will be
stored at optimal temperatures in the distribution center. Once they are sampled and
tested, the bulk packaging will be switched for the smaller retail packages described
below. Packaging Protocol and activities will be scheduled in advanced based on need.
The event of packaging will be recorded in the track and trace system.101
A designated area within the distribution building, which will be formed by two six’
tables and one four-foot table, will be used for weighing and packaging. This area will
contain shelves which will be used for storing necessary items such as rolling papers,
packaging materials, and hygiene materials. All materials stored will be stored in
closed plastic bins to prevent contamination. To package cannabis products correctly,
Wine Country Cannasseurs will have the devices approved by weights and measures
and will only allow individuals that are certified to use such devices. Wine Country
Cannasseurs will have designated employees and managers receive the necessary
training and will only perform any weighing responsibilities once they have their
certification as Weighmasters.102 These careful steps will help ensure that all cannabis
is accurately measured within plus or minus 3% of the labeled weight, as required by
law.103
All individuals performing work as part of the Packaging Protocol will operate in
accordance with the following plan, a copy of which will be made available to them.
Protocol:
100 BCC § 5307(a).
101 California Code of Regulations, Title 3. Food and Agriculture, Division 8. Cannabis Cultivation Chapter 1.
Cannabis Cultivation Program (CCP) § 8405(C)(5).
102 BCC § 5307(f).
103 BCC § 5303.1.
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1. Hygiene standards implemented by Wine Country Cannasseurs will require all
employees to wear a lab coat, protective eye gear, gloves, and a hairnet. All of
these will be disposable, except for the glasses which will be wiped down with
an alcohol cleaner before and after each use and kept in a closed plastic bin
between uses.
2. One table will have the weigh station, with California regulated scales that will
be permanently affixed to maintain compliance and calibration in accordance
with the law. On this same table, an employee with a Weighmaster certification
will weigh out cannabis and cannabis products in designated amounts and
place the pre-measured amount into jars/bags equipped with childproof
closures or lids.
a. Weight machines on table one will be approved by the BCC and quarterly
tested for calibration by the California Department of Weights and
Measures, or otherwise in compliance with the law.
b. Scales will be sterilized to prevent contamination both before and after
any weighing of cannabis or cannabis products.
c. Calibration will be checked each day the scales are used.
3. We will be packaging flower into childproof packaging as required by the BCC.
4. On table two, labels are placed on the jar or mylar bag, and a safety seal is
applied to the lid. The mylar bags will be pre-labeled while the jars will have a
single label and a safety seal, which will be applied by hand at this step.
5. The labels will be prepared and printed in accordance with California
regulations, including all necessary information and placed on packages with
the corresponding product.
6. Labels will include, but not be limited to, brand name, weight, required
cannabis prop 65 warning, required California warnings, the universal symbol
for cannabis, strain name, and test results including terpenes and
cannabinoids percentages.
7. The jar or package will then be moved to a storage plastic bin that will be used
to store the product and eventually transport the product to retail, based on
needs for products on shelves in the dispensary.
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8. The units of packaged product will be logged into the track and trace system
with the appropriate batch number to track the cannabis and prepare it for sale
accurately.
9. Any remaining cannabis that hasn’t been packaged will be sealed in a large
odor proof bag marked with the batch number. This package will be hand
sealed and placed in the safe room for storage until it can be appropriately
packaged.
Our distribution facility will be a key location for storage of cannabis and cannabis
products. To ensure safe and organized storage , we will have specific rules and
protocols put in place. (See the Storage/Inventory portion of our application.)
Once all cannabis products pass laboratory testing, we will perform necessary quality
assurance checks on all our products and any products from third-party licenses. All
products will be checked and released within 12 months of receiving the certificate of
analysis from the testing facility.104 Our quality assurance check will be sure to verify
all of the following:
Labeled levels of cannabinoids, terpenoids, total THC, total CBD are all within
10.0% of test results.105
All labels shall have levels of cannabinoids, terpenoids, total THC, total CBD
present.106
Packaging and labels comply with Business and Professions § 26120 and
applicable California Code of Regulations sections.107
All cannabis and cannabis goods have not exceeded provided expiration or sell-
by dates.108
The weight or count of the cannabis batch is accurately reflected in the track
and trace system according to regulation scales.109
104 BCC § 5307(b).
105 BCC § 5307(c)(1), BCC, § 5307.1(a)-(b).
106 BCC § 5307(c)(2).
107 BCC § 5307(d).
108 BCC § 5307(e).
109 BCC § 5307(f).
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Before any product is transferred from our facility to a dispensary, we will ensure that
the track and trace system accurately reflects all relevant events.110 All cannabis or
cannabis products packaged for retail will only be transferred to a dispensary if their
certificate of analysis shows testing was passed within the last 12 months.111 Any
products exceeding this 12-month window will either be destroyed or retested.
After all of the distribution services have been completed, all that is left is for product
to be transferred to a dispensary. Our current plan is to have the majority of all of
Wine Country Cannasseurs’s in-house cannabis sold at our dispensary. Further, we
plan on primarily only providing distribution services for products bound for our
dispensary, though do plan on providing services to other licensees as we grow.
Currently, our movement of product to a dispensary consists of a simple two-person
process. All individuals performing distribution to dispensary delivery between our
facilities will operate in accordance with the following plan, a copy of which w ill be
made available to them.
Protocol:
1. A manager will assess which products are necessary to move from distribution
storage to dispensary storage. The manager will create and log a shipping
manifest and invoice/receipt.112 This manifest will follow track and trace
requirements and include at minimum the name and type of the cannabis
goods, unique identifier of the cannabis goods, amount of the cannabis goods,
by weight or count, and total wholesale cost of the goods, date and time of the
activity or transaction113, and the name and license number of other licensees
involved in the activity or transaction. The invoice receipt will include name and
address of the purchaser, date of sale, invoice number, kind, quantity, size, and
capacity of packages of cannabis or cannabis products sold, the cost to the
purchases, together with any discount applied, and any other necessary
information.
2. The manager will then pack cannabis goods corresponding to the shipping
manifest into a lockbox. This activity will take place in our distribution facility
110 BCC § 5307(g).
111 BCC § 5307.2.
112 BCC § 5311(n).
113 BCC § 5049(b).
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which is surveilled by a security camera. The manager will double check their
work before locking the box.
3. The manager will then get security personnel to come and accompany them
while they move the lockbox via hand cart from the distribution facility to the
dispensary.114
4. The products will then be passed off to another manager who will verify that the
manifest and the products in the lockbox match. Once the amount of goods is
verified, the security personnel will be free to leave. The products will then be
logged into the dispensary safe room under video surveillance, entered into the
track and trace system, and stored appropriately.
When we provide distribution services to a third-party licensee, we either provide
transportation services ourselves or will allow a licensed distributor to pick up the
cannabis products. This is because only state-licensed distributors may provide
transportation services.
All vehicles used for transportation will be owned or leased by Wine Country
Cannasseurs and will be the same vehicles used for the delivery services offered by our
dispensary.115 Further, all vehicles used for transporting will have a motor carrier
permit and will be equipped with a vehicle alarm system.116 No vehicle containing
cannabis goods will be left unattended unless it is locked and secured.117 No vehicle
being used for distribution transport will be left unattended or parked overnight in a
residential area.118
When a distributor comes to our distribution facility to pick-up cannabis goods, they
will set a distribution appointment. All pick-ups will be by appointment only and will
require no less than 24-hours notice. Distribution appointments will be regularly
scheduled a week in advance. The following protocol will be used. All individuals
performing distribution to distribution product release will operate in accordance with
the following plan, a copy of which will be made available to them.
114 BCC § 5311(n).
115 BCC § 5311(a).
116 BCC § 5311(c).
117 BCC § 5311(g).
118 BCC § 5311(h).
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Protocol:
1. Upon either receipt of an order, or request for transport of cannabis goods
provided by a third-party licensee, a sales invoice/manifest will be prepared
listing all cannabis goods to be transported.119 This invoice/manifest will
include the name and address of the purchaser, date of sale, invoice number,
kind, quantity, size, and capacity of packages of cannabis or cannabis products
sold, the cost to the purchases, together with any discount applied, the place
from which transport was made, and any other necessary information.120 This
invoice/receipt will not be altered or changed once transportation begins and
will be maintained electronically in a way that is readily accessible for
examination upon request by authorized agencies.121
2. We will verify each retailer and distribution company’s license status and
maintain a copy for records. This information will be checked and verified with
the Bureau of Cannabis Control prior to delivery.
3. A manager will then take this prepared invoice/receipt and collect the
appropriate cannabis goods listed on the invoice/receipt. A shipping manifest
will also be prepared before transport.122 This collection will then be verified as
it is packed into a lockbox.123 No non-cannabis goods, except for cannabis
accessories and our branded merchandise or promotional materials, will be
transported with cannabis goods.124 The box will then be secured as no package
or container holding cannabis goods will be tampered with or opened during
transport.125
4. Once verified, the packed order will be entered into the track and trace
inventory system and set aside for transport. The manager who will be driving
the order will then create a transport route which moves between licenses with
no stops except for those necessary for rest, fuel, and vehicle repair.126
119 BCC § 5311(b).
120 Bus & Prof Code § 26161.
121 BCC § 5311(b).
122 BCC § 5314(a).
123 BCC § 5311(f).
124 BCC § 5311(l).
125 BCC § 5311(j).
126 BCC § 5311(k).
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5. The third-party licensee distribution driver will pull up to back gate at the
designated time, and a manager will check that their vehicle’s license plates
and driver’s identification match the information on file. If the information does
not match, the manager will contact the third-party licensee for confirmation of
the driver’s identity.
6. Once the driver’s identity is verified, either against the information provided or
by contacting the third-party, they will be let into the gated parking lot. As soon
as they enter the gate will be closed and locked behind them.
7. They will be directed to park as close to the distribution building entrance as
possible and will be escorted into the distribution building. At least one security
trained individual will stay in the parking lot to ensure that the vehicle holding
the cannabis or cannabis products is not left unattended.
8. The manager will have the third-party licensee driver sign in on an iPad. At this
time, the manager and distribution driver will go over the invoice/receipt and
shipping manifest. The third-party licensee will verify the cannabis goods
against the invoice/receipt and shipping manifest.127 The shipping manifest will
then be transmitted to the Bureau of Cannabis Control.128 A copy of the
shipping manifest will accompany every transport of cannabis goods .129
9. The manager and third-party licensee distribution driver will then go back to
the vehicle. With the help of security personnel, the manager will then load the
lockboxes into the distribution vehicle and secure them to the inside of the
vehicle. All cannabis goods will be inside of the vehicle in a way that prevents
them from being visible or identifiable from outside the vehicle.130 This process
will occur under video surveillance.
10. Finally, the manager will proceed to the security gate with the third-party
licensee distribution driver. The manager will unlock and open the gate to let
the third-party licensee distribution driver out and will immediately close and
lock the gate behind them.
127 BCC § 5314(c).
128 BCC § 5314(b).
129 BCC § 5314(d).
130 BCC § 5311(e).
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Should we be the distributor providing transportation services, the following protocol
will be used. All individuals performing distribution to dispensary delivery will operate
in accordance with the following plan, a copy of which will be made available to them.
Protocol:
1. Upon either receipt of an order, or request for transport of cannabis goods
provided by a third-party licensee, a sales invoice/receipt will be prepared
listing all cannabis goods to be transported.131 This invoice/receipt will include
the name and address of the purchaser, date of sale, invoice number, kind,
quantity, size, and capacity of packages of cannabis or cannabis products sold,
the cost to the purchases, together with any discount applied, the place from
which transport was made, and any other necessary information.132 This
invoice/manifest will not be altered or changed once transportation begins and
will be maintained electronically in a way that is readily accessible for
examination upon request by authorized agencies.133
2. We will verify each retailer and distribution company’s license status and
maintain a copy for records. This information will be checked and verified with
the Bureau of Cannabis Control prior to delivery.
3. A manager will then take this prepared invoice/receipt and collect the
appropriate cannabis goods listed on the invoice/receipt. A shipping manifest
will also be prepared before transport.134 This collection will then be verified as
it is packed into a lockbox.135 No non-cannabis goods, except for cannabis
accessories and our branded merchandise or promotional materials, will be
transported with cannabis goods.136 The box will then be secured as no package
or container holding cannabis goods will be tampered with or opened during
transport.137
4. Once verified, the packed order will be entered into the track and trace
inventory system and set aside for transport. At this time the manager who will
131 BCC § 5311(b).
132 Bus & Prof Code § 26161.
133 BCC § 5311(b).
134 BCC § 5314(a).
135 BCC § 5311(f).
136 BCC § 5311(l).
137 BCC § 5311(j).
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be driving the order will create a transport route using our OnFleet system
which moves between licensees with no stops except for those necessary for
rest, fuel, and vehicle repair stops.138
5. All deliveries will be scheduled 1 week in advanced to ensure enough time to
prepare delivery route and schedule a delivery manager. In some cases, we may
hire a licensed third-party transportation company to fulfill distribution orders.
All third-party transportation companies license status will be checked and
verified with the Bureau of Cannabis Control.
6. Either a third-party licensee transportation driver, or our own in-house
driver/manager will pull up to back gate at the designated time, and a manager
will check that their vehicle’s license plates and driver’s identification match the
information on file. If the information does not match, the manager will contact
the third-party licensee for confirmation of the driver’s identity.
7. Once the driver’s identity is verified, either against the information provided or
by contacting the third-party, they will be let into the gated parking lot. As soon
as they enter the gate will be closed and locked behind them.
8. The driver will be directed to park as close to the distribution building entrance
as possible and will be escorted into the distribution building. At least one
security trained individual will stay in the parking lot to ensure that the vehicle
holding the cannabis or cannabis products is not left unattended.
9. The manager will have the third-party licensee driver sign in on an iPad. At this
time, the manager and distribution driver will go over the invoice/receipt and
shipping manifest. The third-party licensee will verify the cannabis goods
against the invoice/receipt and shipping manifest.139 The shipping manifest will
then be transmitted to the Bureau of Cannabis Control before transport.140 A
copy of the shipping manifest will accompany every transport.141
10. If our in-house manager will be driving, he will follow the same procedure and
retrieve the product from the distribution building.
11. The manager or driver will go back to the vehicle. With the help of security
personnel, they will then load products into the distribution vehicle and secure
138 BCC § 5311(k).
139 BCC § 5314(c).
140 BCC § 5314(b).
141 BCC § 5314(d).
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them to the inside of the vehicle. All cannabis goods will be inside of the vehicle
in a way that prevents them from being visible or identifiable from outside the
vehicle.142 This process will occur under video surveillance.
12. The driver or manager will then be let out of the back compound, with an
individual manually unlocking, opening, closing, and relocking the gate behind
the driver.
13. The driving manager will go directly to the licensee receiving the cannabis goods
per the pre-created route.
14. Once the driving manager arrives at the receiving licensee’s facility, they will
follow protocol there, ensuring that the invoice receipt and shipping manifest is
checked, signed off on and verified before they leave .143
15. If a third-party transportation company is handling the drop off, they will
follow the same procedure and send us the shipping manifest and invo ice as
soon as they are done with the delivery.
Returns.
If we are notified that a product that we distributed is defective, we will provide notice
to all licensees involved. We will either issue a credit or exchange for the products,
however, we may only exchange the product for a non-defective version of the same
type and equal value.144 No other returns of cannabis goods will be excepted at our
distribution facility. All returns will be properly entered into the track and trace
system.145
CULTIVATION.
The cultivation facility is located on the opposite side of our distribution facility like
the proposed dispensary. Just as with the distribution facility, the separation of
cultivation from the dispensary will ensure that the public has no access to the
cultivation or distribution facility, but that the facilities are still maintained on a single
contiguous premise as required by state law for a microbusiness. The cultivation
activities of the cannabis will take place within three rooms, labeled Cultivation A,
Cultivation B, and Cultivation C on our proposed plans. All three rooms are equipped
142 BCC § 5311(e).
143 BCC § 5314(c).
144 BCC § 5053(a).
145 BCC § 5049(a)(5).
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with locking doors to prevent unauthorized access. The aggregate square footage of
these rooms is 1,252 square feet. In accordance with the state regulations, all
cultivation under a microbusiness license shall take place in less than 10,000 square
feet.146 Our current contemplated canopy consists of 900 square feet of flowering
canopy, making our cultivation the equivalent of a specialty indoor cultivator. All
flowering plants will be contained within the measured canopy. No cultivation will
occur on the premises of our dispensary designated area, only in our cultivation
facility.147
The cultivation facility has its own storage area to ensure that storage complies with
all applicable regulations. Only upon appropriate procedure will cannabis be
transferred to the distribution and, ultimately, dispensary facilities. The cultivation
services provided by Wine Country Cannasseurs are aimed at providing an
opportunity to cultivators would otherwise be unable to enter the regulated market,
and to providing the highest quality indoor cannabis flower at an affordable price
point. We have previously worked with several craft farmers that produce some of the
best flowers that we have seen, and these are the farmers we would have cultivating
under our license. At first, the cultivation facility will require one master grower and
one cultivator job positions. After a few grow cycles, our master cultivator may choose
to allow more cultivator positions. By bringing in tried and true cultivators, we ensure
that our dispensary will carry only the highest quality products at the best price.
This dedication to locally produced, high-quality indoor cannabis would bring positive
attention and business to Ukiah. According to regulations released by the California
Department of Food and Agriculture, labels on cannabis may only specify a county of
origin if 100% of the cannabis in the packable was produced within that county. By
producing cannabis in-house, we will be able to proudly label our cannabis as grown
not only in Mendocino County but in the City of Ukiah. Our careful selection of
talented cultivators will allow us to build Ukiah as a brand in addition to Wine
Country Cannasseurs. Our operations will follow the policies, procedures, and daily
operation plans provided below.
146 CCP § 5502 (a).
147 CUMC § 5708(G).
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Wine Country Cannasseurs cultivation will be opened from 8:30 a.m. to 5:00 p.m.,
Monday through Saturday, and from 1:00 p.m. to 3:00 p.m. on Sundays. Our Lead
Cultivator, Jaime Fimbres, will be in charge of our cultivation team.
Wine Country Cannasseurs will begin our cultivation from clones. This means that
rather than raising our plants from seed, we will purchase and bring in baby plants
that are cloned from known strains. To begin, our clones will be bought from and
delivered by a licensed nursery in compliance with California law. As we expand and
grow, we will take on the job of in-house cloning. Clones can be collected during
routine pruning of plants in other stages of the cultivation process. All of our Mother
plants and clones will be kept in Cultivation Room A, the Vegetative Room. An event
will be recorded in the track and trace program whenever a planting of an immature
plant lot occurs.148
All individuals performing work in the propagation phase will operate in accordance
with the following plan, a copy of which will be made available to them.
Protocol:
Propagation will require two(2) to five(4) hours of work time.
Materials needed:
Gloves, Cloning gel, cloning solution, measuring shot glass, alcohol, scissors,
scalpel, 5-gal bucket, a bin for plant matter, blue tape, sharpie, cloning trays,
domes, Root riot cubes, paper towels.
Preparation:
Put on gloves.
Clean scissors and surfaces with alcohol.
Fill measuring shot glass with Clonex gel.
fill a bucket with 1-2 gallons of water (room temp).
Mix cloning solution in water (10ml/gal).
pH to 5.6-5.8.
Mix again.
Fill the bucket with Root plugs- mix around and allow root riots to
saturate.
148 CCP § 8405(C)(1).
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Cuttings:
Take cuttings from moms and prep them (prune nodes and cut stems
longer) Use cloning solution in cutting storage cups.
Place cuttings into a cup of water until the cup is full - use multiple cups
if needed.
Fill Trays With Root Plugs:
Allow excess water from plugs to run back into a bucket before placing
them into the trays.
Fill trays until the desired amount is reached.
Start Plugging Clones:
Take cuttings one at a time, snip tips of leaves with scissors into the bin
and cut the clone down to about three inches.
For a fresh cut, cut clone at a 45-degree angle at the base of cutting.
Then lightly graft off the first layer of plant tissue at base of cutting.
Dip cutting into cloning gel.
Plug cutting into root plug.
Repeat until trays are full.
Date and Label:
Using the sharpie and blue tape, mark each strain and date of
propagation on clone trays.
Propagation Wrap Up:
Domes are now placed on trays and confirmed sealed.
Trays are now placed onto shelving with heating mats underneath lights.
Clones should not require any attention for the next three to five days.
Clones should not be touching the top of the shelving.
There should be minimal clone to clone contact as this will cause plant
rot.
Once clones have been proven to be viable through survival and growth, they will be
transplanted to larger pots and transitioned to their next phase. They will stay in
Cultivation Room A, the Vegetative Room. These still immature plants, all of the same
strain or cultivar, will have a UID assigned to a lot of no more than 100 plants.149
149 CCP § 8403(b)(1).
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These UIDs will be attached to the plants in a way that positions the tag’s visibility to
an individual standing next to the lot. Immature plants will be moved from Cultivation
Room A to Cultivation Room B or C, both of which are Flower Rooms, approximately
every eight weeks.
All individuals transplanting the immature cannabis plants will operate in accordance
with the following plan, a copy of which will be made available to them.
Protocol:
Transplanting will require two(2) to four(4) hours of work time.
Materials Needed:
gloves, soil, mycorrhizae, pots, shop vac, clones, plant tags
Start by filling pots with soil.
Process:
Each clone will be sprinkled with mycorrhizae directly onto roots and
then planted into each pot.
Once the plant is potted, it will be labeled right away.
Once plants are placed on the table and sorted, Sweep and vacuum
excess dirt off the tables and floor.
Lightly water each plant at the root zone.
Recycle soil bags.
After transplanting, the maturing plants will be kept in a carefully maintained
environment and will be carefully tended to ensure proper health and growth.
Cultivation Room A will be equipped with grow tables, where the potted plants will sit.
The room itself will have Double Ended High-Pressure Sodium light fixtures and
Fluorescent and LED lighting fixtures to provide the artificial light necessary for the
plants to grow and mature. The environment will be maintained through the use of
dehumidifiers, wall mounted fans, floor fans, and the light. The plants will be fertilized
with a mixture of organic and synthetic fertilizer. The mixture will vary depending on
the genetics of the plant. Our default recipe is 80% organic Nectar for the Gods
Additives and 20% House and Garden A & B synthetic fertilizer. This mixture will be
delivered using sprayers and pumps. Two or three cultivation employees will do the
tending of the plants following the Cultivation Employee Plan of Operations (See
Below).
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Tending tasks for the plants will include, but not be limited to, the application of trellis
netting, de-leafing, and pruning the plants. These activities will be executed in
accordance with the following plan, a copy of which will be made available to
employees.
Protocol:
Applying trellis netting will require one(1) to two(2) hours work time.
Materials Needed:
Trellis, scissors, measuring tape, zip ties.
Process:
Cut trellis netting to size.
Lay trellis over the canopy.
Use zip ties to secure the trellis.
Move trellis down onto plants.
Weave if necessary.
Protocol:
Deleafing/pruning will require four(4) to six(6) hours of work time.
Materials Needed:
Gloves, scissors, a bin for plant debris, cup for cuttings.
Process:
Deleaf plants to allow more light penetration into the canopy.
“Lollipop” each plant taking off smaller branches that aren’t getting much
light.
Save quality cuttings to use as clones.
Place plant debris into the bin for waste.
Once a plant begins to mature enough to enter the flowering stage, it will be
transferred to the measured canopy area in Cultivation Rooms B and C.150 Upon
movement of the plants to the canopy area for flowering, each plant will be given a
UID151, positioned in the same visible way and kept free of dirt and debris. These UIDs
will not be removed from the plant until the plant is harvested, destroyed, or disposed
150 CCP § 8300(a).
151 CCP § 8403(b)(3).
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of.152 A track and trace event will be entered when immature plants are moved into
designated canopy areas.153
While the plants continue to mature and develop bud, cultivation employees will
continue to carefully tend to the plants identically as was done in the veg room. The
main difference between the tending in the veg and flower room will be the light cycle
that the plants are exposed to. Because the Flowering stage requires that the plants be
kept in darkness for extended periods, no tending will occur until the plants are being
exposed to light. This will prevent accidental exposure of the plants to light and will
ensure that employees only work in safe environments.
Once the plants are fully mature and ready to be harvested, additional employees will
work with the plants. Between three and five individuals will work to hand harvest the
plants. With more help, the plants can be tracked carefully and prepared for drying or
freezing with focus and attention. Those plants that are uniform in strain or cultivar
harvested, in whole or in part, will be assigned a harvest batch number at some point.
This harvest batch will be associated with all the UIDs for each individual plant, or
portion thereof, contained in the harvest batch.154 The event of harvesting a plant will
be recorded in the track and trace system.155 Such an event will include the wet weight
of each plant or portion thereof, the net weight of each harvest batch, the weight of
cannabis waste associated with the batch, and the unique name of the harvest batch
and the initiating date of the harvest, in the MM/DD/YYYY format.156
All individuals harvesting cannabis will do so in accordance with the following plan, a
copy of which will be made available to them.
Protocol:
Harvest/takedown is an all-day task.
Materials needed:
Gloves, scissors, pruning shears, hangers, hanger cart.
152 CCP § 8403(C).
153 CCP § 8405(C)(2).
154 CCP § 8403(b)(1).
155 CCP § 8405(C)(4).
156 CCP § 8405(C)(4)(A)-(D).
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Process:
Cut trellis around each plant (Use shears to chop plant at the base of the
pot.
Hang the whole plant upside down on hangers.
Transfer hanging plants to dry room.
Collect used soil pots.
Empty all pots and prep for soil recycling.
Clean the flower room.
Place all hangers full of flower in the drying racks in the dry room.
Once harvest is complete, the flowering room will be sanitized using the following plan,
a copy of which will be made available to all employees involved.
Protocol:
Cleanup/sanitizing will require four(4) to six(6) hours work time.
Materials needed:
H202, gloves, sprayer, wash rags, sponge, dawn soap, vacuum, broom
Process:
Clean all surface areas including but not limited to: pots, tables, trays,
floors, walls, fans, and pumps.
Change all filters.
Clean the AC unit.
Fog room with H2o2.
Let dry.
Repeat.
The curing process will require that the portions of the cannabis plants containing
bud and flower to be hung in the designated dry/trim room. The temperature and
humidity of the room will be carefully monitored and kept at optimal levels until the
process is complete. This process takes approximately two weeks. Once the cannabis
is properly cured, it will need to be trimmed. Despite the availability of trimming
equipment on the market, here at Wine Country Cannasseurs we believe in hand
trimming all of our flower. This ensures quality, as well as another built-in layer of
quality control as trimmers, will have close contact with the flower.
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All individuals performing trimming work will operate in accordance with the following
plan, a copy of which will be made available to them.
Protocol:
Trimming is an all-day task.
Materials needed:
Scissors, trim trays, alcohol, gloves, paper bags, five gal buckets, turkey bags,
paper towels, Humboldt's hands.
Process:
Take down hangers from rack and transport to trim room.
Take branches off hangers and de-leaf branches.
Trim off of branches.
Shuck into bags as you go.
Collect trim and separate.
Log in weight.
Clean scissors with alcohol.
The trimmed flower will sit in paper bag for 24 hours.
When trimming is complete, all trimmed pounds must go through a
sifting phase.
Bags are then double checked for weight and then stored for packaging.
The cannabis will then be transferred from the cultivation portion of our
microbusiness facility to the distribution portion. It is in this distribution area that the
cannabis will be packaged in appropriately child-resistant jars, labeled in accordance
with the law, tested, and quality-assurance checked. This process is more fully
outlined in the distribution plan.
The cannabis that we cultivate, package, and label will be distributed primarily to our
dispensary but will also be available to other licensed dispensaries through either a
third-party distribution company or through our distribution services. Distribution
beyond Wine Country Cannasseurs will increase as we grow.
An average day in the cultivation facility will look like the following:
1. The lead cultivator, assistant cultivator, harvest/trim staff (when necessary),
and security arrive at 8:30 a.m. The facility will be preliminarily checked for any
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sign of break-in by the lead cultivator and security staff. Once the facility is
verified as secured, it will be unlocked, and the staff will be allowed in. All
employees will mark their attendance on the Sign-in sheet. The lead cultivator
will also sign in and grab his badge. As the rest of the employees sign in, store
their personal items, clip on their employee badges, and make sure to comply
with hygiene policy, the lead cultivator will check control devices, water tank
levels, and the nutrient shelves inventory.
2. The lead cultivator and his main assistant will then go over the plan of action
for the day. This will include providing a task list to staff and discussing work
to be completed and any specific instructions for the cultivation phase.
Meanwhile, one security team member will login, put on their badge, check the
perimeter, and then take up their station outside of the cultivation area near
point of entry. Another security team member will also be present in the
dispensary.
3. 9:00 a.m. to 12:00 p.m., the cultivators will then complete an initial walk-
through inspection of the entire cultivation building. This will allow for the early
detection of any diversion, theft, or other crime, and will allow for careful
observation of the plants. Next, depending on the task list, work will begin in
either room A, B, or C. Cultivators will execute the work outlined on the task
list and check off the tasks as they are completed. Tasks may include, but are
not limited to: watering, cleaning, de -leafing, foliar feeding, mixing nutrients,
propagating clones, transplanting, harvesting, trimming, etc., depending on the
time of the plants’ life cycle.
4. 12:00 p.m. to 1:00 p.m., the cultivators and staff (when necessary) will take a
one-hour lunch break and are encouraged to complete some sort of exercise
and stretching for 20-30 minutes in that time. Security personnel can take an
optional break but will not leave the premises without being relieved by another
security team member.
5. 1:00 p.m. to 4:30 p.m., the lead cultivator and assistant will continue on the
task list until complete. If trim/harvest staff is present, they will wrap up trim
work by cleaning, bagging, and logging in final trim weight before reporting
back to the lead cultivator. The final count will be determined and logged by the
lead Cultivator after it is double checked by an assistant or an otherwise
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trusted cultivator. Employees will then put away/secure/clean their work
station as necessary. Meanwhile, the lead cultivator will then do a final walk-
through and inspection of the entire cultivation building before returning to the
front. The cultivation team will discuss the plan of action for the next day before
employees leave.
6. 4:45 p.m. to 5:00 p.m., once the plan of action is written down and strategized,
the lead cultivator will make sure staff is properly signed off for the day and
then excuse them from the facility. Security will then logout and sign off the
Guest sheet (if there were any guests). The facility will then be closed down,
including having non-cultivation lights turned off, doors will be locked and
secured upon exiting the building.
Disposal of cannabis waste is also critical to Wine Country Cannasseurs. We do not
want to attract bad actors to the site by having cannabis waste accessible, nor do we
wish to violate any regulations regarding waste disposal. To address this, we have
created a disposal plan, outlined below for all of our facilities.
INVENTORY AND STORAGE.
Maintaining an accurate record of our inventory is crucial to preventing any crime,
such as diversion to unlawful markets. Our inventory will be carefully tracked using
our POS and record keeping software TREEZ. TREEZ is compatible with the State of
California system of METRC.
Each cannabis good will have the following information carefully documented and
retained for review by the City or State:
A description of each item such that the cannabis goods can easily be
identified.
An accurate measurement of the quantity of the item.
The date and time the licensed retailer received the cannabis goods.
The sell-by or expiration date provided on the package of cannabis goods.
The name and license number of the licensed distributor or licensed
microbusiness that transported the cannabis goods to the licensed retailer.
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The price the licensed retailer paid for the cannabis goods, including taxes,
delivery costs, and any other costs.157
We will also maintain the status of all batches held by us in our duties as a
distributor, including whether a batch, is being stored for another licensee, is awaiting
sampling for testing, is awaiting testing results, has passed or failed testing, is being
stored or held for destruction or for any other lawful purpose.158 All of these records
will be stored through TREEZ online.
We understand that we must be able to account for all of our inventory and must
perform inventory reconciliations to prevent bad actors and crimes from going
undetected.159 We will verify that our records are consistent with our physical
inventory and keep results of our reconciliations for review by City and State
authorities.160 Such reconciliations will take place at least once every 30 calendar
days.161 Should any evidence of theft, division, loss, or theft, or any other significant
discrepancy be found, we will ensure that the Bureau and law enforcement are
appropriately informed.162
Organized and consistent storage of cannabis goods is necessary for us to keep
accurate records, as well as to prevent crime. As such, all inventory will be secured in
indoor limited-access areas, separate from any employee break room, changing
facility, or bathroom.163 All storage locations will be within our licensed microbusiness
premises.164 Each premise will have its own storage set up, each of which is described
below. Each storage set up will have suitable locked storage on the premises for after-
hours storage of cannabis and cannabis products.165
157 BCC § 5423.
158 BCC § 5309.
159 BCC § 5424(a).
160 BCC § 5424(b) – (c).
161 BCC § 5051.
162 BCC § 5424(d) – (e).
163 BCC § 5033(a)-(c).
164 BCC § 5033(d).
165 CUMC § 9174.2(B)(5)(a).
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Dispensary Facility Storage.
The Dispensary storage room is a safe room that is an enclosed 106 square feet
located behind the Dispensary Floor. This part of the dispensary is not accessible to
the public and will only be accessed by employees and logged accompanied non-
employees with the appropriate keys and access cards.166 The safe room will remain
locked at all times and will be equipped with a 5-foot Mesa Safe. This safe will be used
for storing cash and other important financial documents. Only managers will have
the ability to access the safes.
The rest of the Safe Room will be equipped with shelving units. Products will be stored
in labeled display boxes to allow for ease of organization and location of cannabis
goods. All products will be labeled and organized by unique identifies (UIDs ) and will
include a bar code on each product that matches the display boxes.
Only products that are in their retail form (i.e., with compliant labeling and packaging,
proof of test passage, quality assurance complete) will be stored in the Dispensary safe
room.
Delivery Storage will be located within the manager’s office/ product intake room.
This office is located behind the Dispensary floor and is not accessible to the public.
Further, employees do not have automatic access to this room. The office is only
accessible to managers and specifically designated employees, who will have the
appropriate key to access the space. This area will only be used to store prepared
orders awaiting delivery. The shelf will be labeled with proposed delivery times (i.e.,
10:00 a.m. shelf, 2:00 p.m. shelf, 6:00 p.m. shelf, and 8:00 p.m. shelf) so that orders
are easily accessible to the manager preparing the delivery boxes, and so that
throughout the day, managers can keep an eye on the progress of deliveries.
Distribution Facility Storage.
The Distribution facility has two storage areas, both a 285 square foot storage room
and a 110 square foot safe room. The storage room will contain our security
equipment and data storage equipment as well as non-cannabis good supplies. This
will include labels, packaging, and other supplies. All of these supplies will be
organized by task on shelves, via stacked totes, or by area for equipment too large for
166 BCC § 5042.
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shelves. The only cannabis that will be stored in this room will be that held in
designated disposal barrels. Only employees and logged accompanied non-employees
with the appropriate keys and access cards will be able to access this area.167
The safe room is an enclosed 110 square feet room located through the distribution
storage room. This space will only be accessible to employees and logged accompanied
non-employees with the appropriate keys and access cards, and at all times will not be
in active use.168 The safe room will remain locked at all times and will be equipped
with a five-foot Mesa Safe. This safe will be used for storing cash and other important
financial documents. Only managers will have the ability to access the safes. Anyone
entering or leaving the safe room will sign in and out on a log sheet.
The rest of the Safe Room will be equipped with shelving units. Products will be stored
in labeled display boxes to allow for ease of organization and location of cannabis
goods. All products will be labeled and organized by unique identifies (UIDs ) and will
include a bar code on each product that matches the display boxes. Organization of
the shelves will keep untested and tested products separate and distinct from one
another.169 The tested versus untested products will be clearly labeled as such, stored
separated, and packaged to prevent any contamination. Goods with passing test
results will be stored on designated shelves and in appropriately labeled bins. Goods
that have failed testing will be immediately placed into disposal buckets. Every batch
will be carefully labeled with:
The name, license number, and licensed premises address of the licensed
manufacturer or licensed cultivator who provided the batch.
The date of entry into the licensed distributor’s storage area.
The unique identifiers and batch number associated with the batch.
A description of the cannabis goods with enough detail to quickly identify the
batch.
The weight of or quantity of units in the batch.
And the best-by, sell-by, or expiration date of the batch, if any.170
167 BCC § 5042.
168 BCC § 5042.
169 BCC § 5301(a).
170 BCC § 5302(b).
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Cultivation Facility Storage.
The cultivation facility will not store its product beyond the curing process. Once the
cannabis is appropriated trimmed and cured, it will be placed into sterile bulk
packaging and transferred to the distribution facility per distribution protocol.
DISPOSAL PLAN.
Cannabis waste can be attractive to bad actors, and we at Wine Country Cannasseurs
are dedicated to ensuring that no cannabis waste is accessible to the public. Because
of our vertically integrated model, green waste makes up the vast majority, if not the
entirety, of our cannabis waste.
All green waste, which includes stalks, leaf, and any other plant material, will be
disposed of through the properly licensed cannabis waste company GAIACA. GAIACA
is committed to providing sustainable eco-driven compliant waste management
solutions. Their dedication to disposing of cannabis waste in ecologically responsible
ways, and even creating reusable materials, attract us to their services. GAIACA
already serves the Mendocino area and will prepare a site-specific plan for us upon
request. They are licensed to handle hazardous and non-hazardous materials. We will
be able to post a certification of compliance to show city and state inspectors that we
have a compliant waste management program in place.
When the City of Ukiah approves our permit, or upon request by the city, we will have
them prepare a specific plan tailored to our needs and goals. This plan will incorporate
standard GAIACA practices, including sustainable waste disposal methods and
tracking the chain of custody of waste from our facility to its final disposal. As part of
their service, certificates of destruction will be provided to both Wine Country
Cannasseurs and the State of California.
Even without a tailored plan yet prepared, GAIACA offers a service where they provide
specially marked 55-gallon barrels. These barrels are delivered to a facility and picked
up once a week, or upon request. We will keep these barrels within the locked storage
room in the cultivation facility. Doing so will prevent any access to cannabis waste
that is waiting to be picked up. This storage room has an odor filter, which will be
paired with the non-reactive and air-tight barrels provided by GAIACA. We currently
contemplate producing no more than one barrel per week on non-harvest weeks.
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During harvest weeks, we will probably need two barrels a week but will arrange for all
cannabis waste to be properly and safely hauled away based on our needs.
Upon destruction or disposal of any cannabis, the applicable UIDs will be retired in
the track-and-trace system within three(3) calendar days.171
Cannabis stems take up a considerable amount of space in waste removal. While
GAIACA will take care of all of our waste in the immediate future, we are aware that
some companies are researching how to process stems for fiber, rolling papers, etc. If
we can find a company who is appropriately licensed and permitted to pick the stems
up, we would like to use their services. This reuse of cannabis waste is an area of
continuous innovation that we hope to be a part of. It is our understanding that
commercial facilities all over the state of California are currently using these methods
to handle cannabis waste and believe it is the best industry practice to do so.
PATIENT AND CUSTOMER EDUCATIONAL MATERIALS.
Education is an essential aspect of our goals here at Wine Country Cannasseurs. This
education is about cannabis and about how to be a safe and courteous cannabis user.
There are lots of stereotypes out there about individuals who use cannabis either
medicinally or recreationally, and we are dedicated to destroying those uninformed
views by providing information to and an opportunity for our customers and
surrounding community to have a chance to interact with cannabis industry
participants.
To begin the education process, we provide every new customer with an informational
pamphlet upon their first visit to our dispensary. When their identification and/or
physician recommendation is checked, verified, and entered into our system, we will
provide them with an informational booklet on cannabis. In addition to some basic
information regarding cannabis, how it interacts with the body, potential effects, and
some fun facts, we will also include our code of conduct. This code of conduct will
make it clear that certain activities are strictly prohibited at the facility and in the
surrounding areas. The code of conduct will be, clearly and legibly posted, in the
dispensary and will be in both English and Spanish.172 The code of conduct will
171 CCP § 8403(e).
172 CUMC § 5708(I)(1).
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include a list of rules and regulations governing cannabis use and consumption within
the city of Ukiah and recommendations on sensible cannabis etiquette.173
Wine Country Cannasseurs is particularly dedicated to preventing any of our
operations from resulting in the illegal redistribution of the cannabis or cannabis
products we provide, or the use of them in any manner that violates local, state, or
city law.174 By making our code of conduct available to all who enter, providing
information upon request, imposing state limits on daily purchases, training our staff
to recognize inappropriate buying behavior, and notifying law enforcement of any
suspicious behavior. Below, please find a copy of our code of conduct.
WINE COUNTRY CANNASSEURS CODE OF CONDUCT.
Here at Wine Country Cannasseurs, we are dedicated to being good neighbors and
responsible community members. In order to accomplish this, we need you to do your
part.
By entering Wine Country Cannasseurs, you agree to abide by the following rules:
1. Be of Age – To enter this Dispensary, you must be at least twenty-one years of
age and have a government-issued identification showing this to be the case.
2. Be Respectful – We share this community and ask that you do not disturb or
interfere with the operations of any of our neighbors. This includes vandalizing,
loitering, clogging up traffic or the parking lot, or creating any other public or
private nuisance.
3. No Alcohol Consumption – You are not permitted to use alcohol on our
premises. Wine Country Cannasseurs does not sell, dispense, or allow the
consumption of any alcohol on our property, including in the parking lot.
4. No Onsite Cannabis Use – While we are glad to provide you with medicinal or
adult-use cannabis, Wine Country Cannasseurs cannot and does not have
any space available for consumption of cannabis. You are not permitted to
inhale, smoke, eat, or otherwise consume cannabis or cannabis products on
our property, including in the parking lot, or anywhere within 200 feet of our
premises.
173 CUMC § 5708(M)(3).
174 CUMC § 5708(F)(2).
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5. Be Responsible – We encourage you to enjoy the products you purchase from
Wine Country Cannasseurs. However, remember that you are not permitted to
smoke cannabis in any place where smoking is prohibited by law, in or within
1,000 feet of a school, recreation center, or youth center (unless within a
residence) on a school bus, in a motor vehicle that is being operated, while
operating a boat, or in any other location that violates the law. In our home city
of Ukiah, the places you can’t ingest cannabis include, but aren’t limited to;
city-owned parks, nonsmoking area, streets, sidewalks, alleys, highways, public
parking lots, enclosed places and places of employment, and other City
property.175 Be sure to do your research and get advice on your legal rights and
responsibilities.
6. Be Courteous – When visiting Wine Country Cannasseurs understand that you
and other visitors are present for either medicinal or adult-use cannabis.
Visiting the storefront may be an anxiety-inducing activity to some, respect
each other's personal space, and be polite to one another. We at Wine Country
Cannasseurs will maintain crowd control inside our dispensary but depend on
you to prevent crowding and loitering outside or within 200 feet of the
dispensary. Please be mindful of those around you and remember that they
may be experiencing something you cannot see. If you eve r have any concerns,
please do not hesitate to speak with our staff.
7. We Are Here to Serve You – Wine Country Cannasseurs is committed to
providing you with the best dispensary experience possible. If you ever have any
questions, concerns, or feedback, please feel free to speak with any of our
employees, ask to speak with a manager, or leave an anonymous comment in
our comment box, located in our lobby. We know that there is always room for
improvement, and we look forward to serving you better through collaboration
moving forward. Please feel free to reach out to Jay Donnellan at
WineCountryCannasseurs@gmail.com or (707) 889-3987.
If you are unable to follow these rules, you will be asked to leave the premises. If you
see anybody violating these rules, please inform our security personnel, present in the
lobby of the Dispensary.
175 CUMU § 5708(F)(3).
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Educational materials are available in the lobby and upon request.
WRITTEN PROJECT DESCRIPTION.176
Wine Country Cannasseurs is a collaborative entity that brings together a small group
of experienced medicinal cannabis entrepreneurs who, together, hope to bring that
same dedication to providing patients with consistent quality medicine to the larger
medicinal and adult-use market. We intend to operate a microbusiness, state license
type 12, consisting of a Dispensary with storefront and delivery services, a
Distribution Facility, and a Cultivation facility.177
In accordance with the state regulations, all cultivation under a microbusiness license
shall take place in less than 10,000 square feet. Our contemplated canopy consists of
900 square feet of flowering space. All of these activities will occur on the same
licensed premises, comprised of the adjacent units 270, 272, and 274 East Smith
Street, which create a single contiguous area.178
We hope to serve the City of Ukiah and its visitors. Upon our successful establishment
in the City of Ukiah, Wine Country Cannasseurs will pursue the appropriate
permissions with the surrounding unincorporated county and cities to expand our
delivery services.
In order to provide the best cannabis and related services, the three adjacent units will
have to be renovated and customized to create a comprehensive and functional
microbusiness premise.
Each of the three units is approximately 30 feet wide by 60 feet long. They share a
common firewall and are equipped with equally spaced howe trusses. Each unit has
both a front and rear access door.
The units all require certain upgrades. This includes the following:
Upgraded restrooms that are T-24 (ADA) compliant.
New 5/8” type ‘x’ drywall on the common demising walls.
Fire rating extended to the roof and parapets as well.
176 CUMC § 5709(F)(14).
177 BCC § 5500(a).
178 Bus. & Prof. Code § 26001(a)-(p).
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The addition of rigid insulation on the roof surface and re-roofing of the same.
Fire sprinklers throughout.
Upgrades to the electrical panel and/or sub-panels.
Upgrades to electrical throughout the space.
Upgrades to lighting throughout the space.
Upgrades to HVAC throughout the space.
Full Security System with Cameras installed.
In addition to the above upgrades, each unit requires specific work to be done. The
breakdown is as follows:
Building One – Cultivation (274 East State Street).
Structural Changes Include:
The dismantling of the support knees at the bottom of all six trusses.
Removal of the 4x4 post at the center of the space.
Addition of two LVL support beams for HVAC equip.
Addition of 2x6 ceiling joists throughout the space .
Interior Modifications Will Include:
The build-out of three cultivation rooms, a dry & trim room, a storage area, and
an upgraded bathroom. All these rooms require the assembly of new full height
walls and doors.
The addition of drywall on the new ceiling joists throughout the space .
Sealing of two windows on the rear elevation of the building.
Building Two – Distribution (272 East State Street).
Interior Modifications Will Include:
Construction of a new wall and door to separate the weighing and packaging
area from the product intake area.
Sealing of two windows on the rear elevation of the building.
Building Three – Retail (270 East State Street).
Interior Modifications Will Include:
Construction of new wall and door to create a new reception and waiting area at
the front of the building.
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Construction of a new wall and door to section off employee only area behind
the retail floor.
Sealing of an interior skylight.
Walters architecture created the plans for the building and prepared a scope of work
summary. While this is noted in the plans, we have also included it below.
SCOPE OF WORK.
The new tenant will occupy three existing buildings for this project. Current
addresses are 270, 272, and 274 East Smith Street. 270 and 272 are occupied
currently with retail use, 274 is vacant.
The proposed use is a cannabis operation that will incorporate 274 for
cultivation purposes, 272 for the distribution and 270 for retail.
As the buildings share common demising walls, they will be upgraded to suit
one-hour construction from existing slabs through existing parapets. In
addition, the roofs of 272 and 274 will provide for new rigid insulation and roof
sheathing.
Building 270 will be used as is except for the addition of a new wall and door at
the front area to create a reception and waiting area. Addition of a new door to
separate the rear area, that will include an office, a storage room, and an
employee area. The existing skylight will also be removed and the restroom
upgraded.
Building 272 will provide for the addition of one new wall and door to separate
the rear area and upgrade of the restroom. New areas provided will include a
safe room, distribution/storage area, weighing and packaging area, and sign-in
area; the open truss “ceiling” will remain.
Building 274 will provide for new rooms including rooms for cultivation, drying
and trimming and storage. There will be a new ceiling applied to the underside
of the open trusses throughout the space and the upgraded restroom.
Structural work will also require the removal of a central post and existing knee
bracing, and the addition of lvl’s at the ceiling to support mechanical
equipment.
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All three buildings will have full title 24 ADA compliance and parking
compliance.
Buildings 272 and 274 will have full electrical and mechanical upgrades and
new sprinkler installation. (See Exhibit E for Commercial Proposal for Sprinkler
Work.) There will be cosmetic upgrades to the exterior facades and removal of
existing signage and the addition of new lighting.
REGULATORY COMPLIANCE PLAN.
Compliance with local and state regulations and law is the main priority of Wine
Country Cannasseurs. Our team is comprised of members who worked and
volunteered in the strict medicinal cannabis system that California had in place before
the passage of Prop 64 and the Medicinal and Adult-Use Cannabis Regulation and
Safety Act (MAUCRSA). We know how unclear and complicated the industry was and
are excited to begin our participation in the regulated market.
In order to do so, we have retained a Compliance Attorney to help us with this process
and to advise us moving forward. Ashley J. Bargenquast, Esq., has worked in the
cannabis industry as an advocate for seven years and an attorney since 2015. Her
work has spread over multiple states, including Nevada, Hawaii, and California. In
addition to working in compliance, she also practices criminal defense. This outlook
allows her to understand and help us address the concerns of law enforcement and
the community. We have attached her Letter of Representation to this Application as
Exhibit D.
Throughout this application, you can see citations to various code sections including
the Ukiah Municipal Code, the State of California Regulations formed by the Bureau of
Cannabis Control and other regulatory agencies. This indicates that we have tailored
our policies with the law in mind. Further, we have created a guide to where
regulations of the City of Ukiah Municipal Code can be found in our application.
LOCATION OF INFORMATION FOR REQUIREMENTS UNDER SECTION 5710.179
CRITERIA LOCATION
179 CUMC § 5709(F)(16).
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That the dispensary use permit is consistent
with the intent of the Compassionate Use Act
of 1996.
The AUMA, the MAUCRSA, and related State
law, the provisions of this chapter and the
City Code, including the application
submittal and operating requirements
herein.
Mission Statement.
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).
N/A – provided by the Ukiah
Police Department.
That there have not been significant
numbers of calls for police service, crimes or
arrests in the area or to an existing
dispensary location.
N/A – provided by the Ukiah
Police Department.
That an applicant or employee is not under
twenty-one (21) years of age.
Management/Owner
Information and Employee
Information.
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.
Microbusiness has not yet
begun operations.
All application materials were
sent both by email to Michelle
Irace as well as submitted in
physical binders.
That all required application or annual
renewal fees have been paid and reporting
requirements have been satisfied in a timely
manner.
Microbusiness is not yet
operational but has paid all
required fees up until this
point.
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
Neighborhood Context Plan.
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anticipated or have resulted from dispensary
operations.
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 of this code.
These features may include, but are not
limited to:
o Security on site procedure for allowing
entry.
o Openness to surveillance and control
of the premises, the perimeter, and
surrounding properties.
o Reduction of opportunities for
congregating and obstructing public
ways and neighboring property.
o Illumination of exterior areas.
o limiting furnishings and features that
encourage loitering and nuisance
behavior.
Security Plan
Business Operations Plans.
That no dispensary use, owner, operator,
permittee, agent, or employee has violated
any provision of this chapter including
grounds for suspension, modification or
revocation of a permit.
Owner/Manager Information.
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
Code of Conduct
Patient and Customer
Educational Materials.
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creation of a public or private nuisance, or
interference with the operation of another
business.
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.
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,
excessively loud noises (especially late at
night or early in the morning hours), lewd
conduct, or police detentions or arrests.
Code of Conduct
Patient and Customer
Educational Materials
Employee Handbook.
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.
LiveScan Results.
That the applicant has not violated any local
or State law, statute, rule, or regulation
respecting the distribution, possession, or
consumption of marijuana.
LiveScan Results.
That the applicant has not knowingly made a
false statement of a material fact or has not
knowingly omitted a material fact in the
application for a permit.
Planning Permit Application.
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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.
The Ukiah Police Department
will provide live Scan Results
upon completion.
That the applicant has not engaged in
unlawful, fraudulent, unfair, or deceptive
business acts or practices.
LiveScan Results.
That adequate parking for medical cannabis
dispensaries will be provided at a rate of one
space for every two hundred (200) gross
square feet of retail space, office space, and
similar floor areas.
That adequate parking for cannabis retailers
generally will be provided at a rate of one
space for every two hundred fifty (250)
square feet of gross, leasable space.
However, if the dispensary to be operated by
the applicant does not dispense cannabis to
patients or eligible adult use patrons on site
but services qualified patients and patrons
through deliveries in compliance with the
law, then adequate parking will be provided
at a rate of one space for every four hundred
(400) square feet of gross leasable space.
Floor and Site Plans.
Wine Country Cannasseurs understands that as a prerequisite to obtaining a permit
from the city, we will 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
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California Revenue and Taxation Code, commencing with section 6066e.180 We
understand that our dispensary sales shall be subject to sales tax consistent with
State law. 181
Further, should we be granted our business license, local permit, and state permit, we
will maintain these permissions to stay in compliance. For the local level, we
understand that applications for renewal must be made at least forty-five(45) days
before the expiration date, but that those submitted with less than forty-five(45) days
shall be processed in the same manner as a timely renewal application but shall not
stay the expiration date of the permit.182
Wine Country Cannasseurs also understand that regulations continue to change and
evolve as the City and State address new issues. We are always open to
communication from our regulators and hope to work closely with the city to provide
not only all the necessary application materials but also all information desired on an
ongoing basis. This includes providing the planning department with an annual
statement containing the number of patients and/or adult-users served by the
dispensary within the previous calendar year, if requested, the continuing accuracy of
the information in the prior year’s dispensary use permit application, 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 including any additional information the planning
department deems necessary, and pay all annual permit fees.183
Further, we acknowledge and dedicate ourselves to showing that we are good actors
who take compliance seriously. We would never operate a cannabis-business without
a use permit or at any place other than the address that we are approved184. Once we
have our permit, we will not transfer control of our business, either by transferring a
controlling interest in Wine Country Cannasseurs or by transferring the permit to
180 CUMC § 5705.
181 CUMC § 5705.
182 CUMC § 5704(D).
183 CUMC § 5708(Q.
184 CUMC § 5715(A).
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Our Site and Floor plans show scale drawings of both the exterior and interior of our
premises. If there are any questions, they should be directed to us to retrieve from our
contact at Walters Architecture or applicable contractor.
Our Sign Plan outlines our single wall sign that we intend to have for our
microbusiness facility. We plan only to have a single sign on all three units, the other
two units will have the necessary lit address markings. All of our signage complies
with section 3227 of the City of Ukiah Municipal Code.
Our Lighting Plan shows both existing and proposed exterior and interior lighting. This
lighting covers not only those lights necessary to provide adequate security lighting,
but also that lighting to be used in our cultivation facility. All lighting will comply with
City lighting design and installation standards.
NEIGHBORHOOD CONTEXT PLAN.
Wine Country Cannasseurs hopes to operate our microbusiness from 270, 272, and
274 East Smith Street in Ukiah. This location has a fully enclosed secure structure 195
and is properly zoned for commercial cannabis businesses as a General Urban zone in
the City’s Downtown Zoning Code. Our dispensary facility, which will include both
medicinal cannabis and adult use services, may be located in zoning districts as
outlined in Division 9, Chapter 2 of the City of Ukiah Municipal Code, which our
location complies with. 196 The parcel is not residentially zoned, nor is there any
resident or mobile-home use on it.197 is directly adjacent to a C-1 district, which is
permitted by the Municipal Code. (See Fig A on Page 83 of this Application.)
There is no school within 600 feet of our proposed facility198. However, we are keenly
aware that the location is within 250 feet of a church and is adjacent to a parcel that,
while not residentially zoned, contains a mobile-home park199. Wine Country
Cannasseurs recognizes these complications and is dedicated to showing that this
should not be grounds to deny our application. Other than the church and the mobile -
195 CUMC § 9174.2(F)(1).
196 CUMC § 5707(A).
197 CUMC § 9174.2(F)(1)(d), CUMC § 5707(C)(4).
198 CUMC § 9174.2(F)(1)(a), CUMC § 5707(C)(1).
199 CUMC § 9174.2(F)(1)(b) and (e), CUMC § 5707(C)(5).
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home park, there are no other youth-oriented facilities within 250 feet200, schools
within 600 feet, or abutting dispensaries, youth-oriented facilities, or schools201.
We began our exploration of what these conflicting uses might mean for our
application in 2018 when we opened up communication with the church and sought
clarification from city officials regarding the mobile -home park. Beyond simply
communicating, we prepared and submitted a Director Determination and received a
response regarding these two uses. (See Exhibits L and M.)
To begin, we would like to address the concerns about the church. City
Ordinance section 9173.7 A.2 specifies that no cannabis related business may operate
within two hundred fifty feet (250’) of a youth-oriented facility. Under City Ordinance
No. 118 section 5702AA, the definition of a youth-oriented facility includes a church.
Our proposed location has a church as a neighbor, which is not compliant with the
code. However, we would request that the City of Ukiah grant a waiver in this case for
several reasons. First, the church has no objection to the presence of a cannabis
business as their neighbor. The owner of the church, Salomon Flores, wrote a letter to
the City of Ukiah, supporting the dispensary’s operations there. They have no negative
feelings towards cannabis, believe in safe access for patients, and believe that our
business would benefit the neighborhood. They feel so strongly about this that they
wrote a letter to the same effect that we submitted with our Director’s Determination
and have attached here. See Exhibit L. Second; we have arranged our work schedule
to be limited on Sundays to ensure that our facilities do not interfere with church
services. There will be no competition for parking, nor any commercial foot traffic
while the church is active. Third, the landlord of the church is also our landlord and
has indicated that should the church prevent the establishment of our business, that
the landlord would not elect to renew the church’s lease after the current lease
expires. Wine Country Cannasseurs does not want to see the church have to find a
new location and would prefer that the City grant the waiver rather than the church
has to move. Since there are no issues between the church and Wine Country
Cannasseurs personally, and the church will not be permitted to stay if they prevent
us from working, we believe a waiver is the best for all involved.
200 CUMC § 9174.2(F)(1)(b)-(c), CUMC § 5707(C)(2).
201 CUMC § 5707(C)(3).
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Next, we would like to address the mobile-home park. City Ordinance section
9173.7 A.5 specifies that a commercial cannabis business cannot be located on a
parcel having a residential unit or on a parcel abutting a residentially zoned property
unless there are intervening nonresidential uses between the business and the unit or
residentially zoned parcel. The parcel that abuts our proposed facility is C-1,
Community Commercial. This means that the parcel is not residentially zoned, as the
ordinance prohibits, but it does contain a mobile-home park. The space between the
proposed cannabis facility and the park itself is filled with a parking lot and a six-foot
fence. The closest entrance to the mobile-home park is more than 600 feet from the
microbusiness entrance. This shows that despite the proximity, the closeness does not
interfere nor endanger the mobile-home park at all. If anything, the heightened
security along the back fence of the park will benefit the residents.
Further, we have reached out to the mobile-home park regarding our proposed use.
We did this by meeting with the owner Mr. Bruce Ledford in person and discussing
any concerns he might have. We assured him that we appreciate any feedback he
would like to give to us or the city. Further, we plan to implement a “friendly neighbor”
discount of 10 % on dispensary purchases for any individual who can show proof of
residence in the mobile-home park.
Wine Country Cannasseurs believes that we will improve the neighborhood and
provide benefit to those uses around us, despite these minor concerns. For these
reasons, we request that the appropriate waivers be granted and operation be
approved for the proposed location.
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Fig A:
Proposed Location of Wine Country Cannasseurs.
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CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 2, 2019
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Regular Meeting on October 2, 2019, having been legally noticed on
September 27, 2019. Mayor Mulheren called the meeting to order at 6:00 p.m. Roll was taken with
the following Councilmembers Present: Juan V. Orozco, Jim O. Brown, Stephen G. Scalmanini,
Douglas F. Crane, and Maureen Mulheren. Staff Present: Sage Sangiacomo, City Manager; David
Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR MULHEREN PRESIDING.
The Pledge of Allegiance was led by Dina Polkinghorne. Project Sanctuary.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Recognizing the Month of October as Domestic Violence Awareness Month
in the City of Ukiah
Presenter: Mayor Mulheren.
Proclamation was received by Lydia Lopez, Project Sanctuary.
b. Proclamation of the Ukiah City Council Recognizing California Clean Air Day as October
2, 2019.
Presenter: Mayor Mulheren.
Proclamation was received by Eileen Mitro and Judy Lyria, Climate Action Mendocino
representatives.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the September 18, 2019, Regular Meeting.
Motion/Second: Brown/Crane to approve Minutes of September 18, 2019, a regular meeting, as
submitted. Motion carried by the following roll call votes: AYES: Orozco, Brown, Scalmanini, Crane,
and Mulheren. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Adoption of Resolution (2019-46) to Extend the Declaration of a Local Emergency Related to the
2019 Winter Storm Event — Community Services.
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Attachment 4
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City Council Minutes for October 2, 2019, Continued:
b. Authorize City Manager to Execute Construction Administration Services Agreement (COU No.
1920-163) with Mead and Hunt Inc. for Runway 15-33 Pavement Rehabilitation Phase 1
Construction and Approve Corresponding Budget Amendment — Airport.
Motion/Second: Crane/Brown to approve Consent Calendar Items 7a -7b, as submitted. Motion
carried by the following roll call votes: AYES: Orozco, Brown, Scalmanini, Crane, and Mulheren.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS
9. COUNCIL REPORTS
Presenter:
10. CITY MANAGER/CITY CLERK REPORTS
Presenters:
Upcoming activities and events — Sage Sangiacomo, City Manager.
Construction Updates — Tim Eriksen, Public Works Director / City Engineer.
Sales Agreement for Gobbi St Property — Sage Sangiacomo.
11. PUBLIC HEARINGS (6:15 PM)
a. Annual Review and Possible Approval of the Fee Schedule for the Ukiah Police
Department.
Presenter: Justin Wyatt, Police Chief.
PUBLIC HEARING OPENED AT 6:20 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 6:21 P.M.
Motion/Second: Crane/Scalmanini to approve the Fee Schedule for the Ukiah Police Department.
Motion carried by the following roll call votes: AYES: Orozco, Brown, Scalmanini, Crane, and
Mulheren. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 6:22 — 6.23 P. M. (to address technical issues)
b. Appeal of Planning Commission Decision to Deny a Request for Waiver from Location
Limitations for Proposed Cannabis Microbusiness Located at 270, 272, and 274 East
Smith Street.
Presenters: Craig Schlatter, Community Development Director and Mireya Turner, Associate
Planner.
PUBLIC HEARING OPENED AT 6:39 P.M.
Applicant Comment: Jay Donnellan and Ashley Bargenquast, Legal Counsel.
Public Comment: Ron Meaux, Eloisa Gonzalez, Rod Phillips, and Rob Gitlin,
Additional Applicant Comment: Ashley Bargenquast, Legal Counsel and Jay Donnellan.
PUBLIC HEARING CLOSED AT 7:06 P.M.
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City Council Minutes for October 2, 2019, Continued:
Motion/Second: Scalmanini/Mulheren to overturn the Planning Commission's denial of the Request
for Waiver from Location Limitations for a proposed cannabis microbusiness at 270, 272 and 274
East Smith Street, granting the waiver and allowing the proposed Major Use Permit application to
proceed with the following Findings:
The powers of operation for the two respective organizations — the proposed business and
the church - are appropriate to meet the requirements of the code, without interfering with
each other.
2. The distance of entrances to the mobilehome park and the proposed mitigations of the 7 ft.
wall, with separate trees on two sides of the property, including the property line between the
mobilehome park and the subject business property, do therefore meet the requirements for
separation from the residential usage.
Motion carried by the following roll call votes: AYES: Scalmanini, Crane, and Mulheren. NOES:
Orozco and Brown. ABSENT: None. ABSTAIN: None.
RECESS: 7:25 — 7:32 P. M.
12. UNFINISHED BUSINESS
a. Receive Report Regarding Review of Ordinance for Marijuana Dispensaries and Provide
Direction as Necessary.
Presenters: Craig Schlatter, Community Development Director and Michelle Irace. Planning
Manager.
Council Consensus directs staff to agendize an item for discussion, education, and to provide some
alternatives and clarification regarding policy choices.
Council Consensus to bring this item back annually for Council's review.
b. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station
Service Rates.
Presenter: Dan Buffalo, Finance Director.
Motion/Second: Brown/Scalmanini to confirm the determination of the City Manager of compliance
with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc.
and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection
and transfer station rates. Motion carried by the following roll call votes: AYES: Orozco, Brown,
Scalmanini, and Mulheren. NOES: None. ABSENT: None. ABSTAIN: Crane.
c. Approval of Notice of Completion for Recycled Water Project, Phases 1 - 3, Specification
No. 17-08.
Presenter: Sean White, Water Resources Director.
Motion/Second: Crane/Scalmanini to approval of Notice of Completion for Recycled Water Project,
Phases 1 - 3, Specification No. 17-08. Motion carried by the following roll call votes: AYES: Orozco,
Brown, Scalmanini, Crane, and Mulheren. NOES: None. ABSENT: None. ABSTAIN: None.
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City Council Minutes for October 2, 2019, Continued:
d. Authorize Execution of Amendment to the Agreement with GHD in an Amount not to
Exceed $13,930 for Additional Services for the Traffic Analysis for Ukiah Schools and
Surrounding Area.
Presenter: Tim Eriksen, Public Works Director / City Engineer.
Motion/Second: Crane/Brown to authorize execution of amendment to the agreement (1718-214-
A1) with GHD in an amount not to exceed $13,930 for additional services for the Traffic Analysis for
Ukiah Schools and Surrounding Area. Motion carried by the following roll call votes: AYES: Orozco,
Brown, Scalmanini, Crane, and Mulheren. NOES: None. ABSENT: None. ABSTAIN: None.
13. NEW BUSINESS
a. Receive and Approve Report of Citywide Engineering and Traffic Survey.
Presenter: Tim Eriksen, Public Works Director / City Engineer.
Motion/Second: Crane/Brown to approve report of citywide engineering and traffic survey. Motion
carried by the following roll call votes: AYES: Orozco, Brown, Scalmanini, Crane, and Mulheren.
NOES: None. ABSENT: None. ABSTAIN: None.
b. Nomination and Possible Adoption of Resolution Making an Appointment to the Planning
Commission to Fill the Remaining Term of Christopher Watt.
Presenter: Kristine Lawler, City Clerk.
Motion/Second: Brown/Scalmanini to accept the nomination of Ruth Louise Van Antwerp, and adopt
the resolution (2019-47) making the appointment to the Planning Commission to filling the remaining
term of Christopher Watt, expiring in December 2022. Motion carried by the following roll call votes:
AYES: Orozco, Brown, Scalmanini, Crane, and Mulheren. NOES: None. ABSENT: None. ABSTAIN:
None.
c. Discussion and Possible Action Regarding the Cancellation of the October 16, 2019, City
Council Regular Meeting, with the Option for the Mayor and/or City Manager to Call for a
Special Meeting on an Alternate Date if Time Sensitive Business Arises.
Presenter: Kristine Lawler, City Clerk.
Motion/Second: Crane/Orozco to approve the cancellation of the October 16, 2019, Regular City
Council Meeting with the option for the Mayor and/or City Manager to call for a special meeting on
an alternate date if time sensitive business arises. Motion carried by the following roll call votes:
AYES: Orozco, Brown, Scalmanini, Crane, and Mulheren. NOES: None. ABSENT: None. ABSTAIN:
None.
d. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
Presenters: Sage Sangiacomo, City Manager; Councilmembers Orozco and Brown; and Mayor
Mulheren.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:22 P.M.
14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation
Government Code Section 54956.9(d))
A. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section 54956.9: (Number of potential cases: 1.)
B. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9: (Number of potential cases: 1)
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City Council Minutes for October 2, 2019, Continued:
b. Conference with Legal Counsel—Anticipated Litigation
Government Code Section 54956.9(d)(2)
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (Number
of potential cases: 1)
c. Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
Cal. Gov't Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT-15-66036
e. Conference with Real Property Negotiators
Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-273-19-00 and 002-273-30-00
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Bank of America
Under Negotiation: Price & Terms of Payment
f. Conference with Real Property Negotiators
Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-192-14-00 (280 E. Standley)
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Onetogether Solutions
Under Negotiation: Price & Terms of Payment
g. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: Fire Unit
No report out was received.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 8:35 p.m.
Kristine Lawler, City Clerk
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