HomeMy WebLinkAbout2020-02-12 PacketPlanning Commission
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
February 12, 2020 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Approval of Regular Meeting Minutes 1/8/2020
4.a. Approval of Regular Meeting Minutes 1/8/2020
Recommended Action: Review and approve draft minutes.
Attachments:
1.20200108 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 5:00 p.m. on February 24, 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
12. NEW BUSINESS
Page 1 of 161
12.a. Request for Review of a Major Use Permit and 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.
(Continued from January 8, 2020)
Recommended Action: Conditional Approval
Attachments:
1.12a Staff Report
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 Public Input from 20200108
11.ATT 6 Agency Comments
12.ATT 7 Draft Minutes of PC 20200108
13.ATT 8 ALUC Interim Referral Procedure
13. UNFINISHED BUSINESS
13.a. Appointment of New Chair and Vice Chair, and Planning Commission Reorganization.
Recommended Action: Appoint Vice Chair Laura Christensen to the position of Chair and
nominate and appoint the position of Vice Chair for the 2020 calendar year, and for immediate
seating and Planning Commission reorganization.
Attachments:
1.13a Staff Report
2.Attachment 1Exhibit A Ukiah PC Procs.of.Conduct
14. ADJOURNMENT
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 2 of 161
ATTACHMENT 1
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
January 8, 2020
6:00 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on January 8, 2020, having
been legally noticed on December 29, 2019. Chair Wetzel called the meeting to order at 6:00
p.m.
CHAIR WHETZEL PRESIDING.
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; Michelle Irace, Planning Manager; 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 January 8, 2020 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. Not visited by Van Antwerp.
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 3 of 161
Minutes of the Planning Commission, January 8, 2020 Continued:
Page 2 of 2
11. CONSENT CALENDAR
a. 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.
Motion/Second: Vice Chair Christensen/Commissioner Sander motion carried to
recommend of Approval to the City Council.
12. NEW BUSINESS
a. Request for Review and Recommendation for Major Use Permit and Parking Variance
Request to Allow a Cannabis Manuf acturing (non-volatile) and Dispensary/Retail
Operation in an Existing Building at 441 North State Street; APN 002-186-19; File No.
19-4434
Motion/Second: Commissioner Sander/Vice Chair Christensen Motion to move to a
future date carried by the following roll call vote: AYES: Van Antwerp, Christensen, Sanders,
Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
.
Public comment: Letter from Brent Schultz at County of Mendocino Dept of Planning
and Building Services, email from Robert & Thelma Levy, email from Jan Hoyman
Studio, letter from Douglas L Losak of Law Office of Duncan M. James.
b. Request for Review and Recommendation for Major Use Permit/ Site Development 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.
Motion/Second: Commissioner Sander/Vice Chair Christensen Motion to move to a
future date carried by the following roll call vote: AYES: Van Antwerp, Christensen, Sanders,
Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
Public comment: Letter from Brent Schultz at County of Mendocino Dept of Planning
and Building Services, Letter from Ronald J. Meaux from Meaux Architecture Group.
13. UNFINISHED BUSINESS
14. ADJOURNMENT
There being no further business, the meeting adjourned at 6:17 p.m.
____________________________
Pamela Mathias, Deputy Clerk
Page 4 of 161
AGENDA ITEM NO. 12A
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: February 12, 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)
Page 5 of 161
Staff Report
Major Use Permit
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
Page 6 of 161
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 the
October 2, 2019 City Council meeting are included as Attachment 4.
Consideration of the Major Use Permit was scheduled before the Planning Commission at the
January 8, 2020 meeting. However, the item was continued to a later date prior to the hearing; no
action was taken on the Major Use Permit. Public correspondence received from the January 8,
2020 hearing is included as Attachment 5.
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
Page 7 of 161
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 6, 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
Page 8 of 161
Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
5
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.
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 7.
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.
Page 9 of 161
Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
6
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
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.
Major Exception for Fencing. Within the Downtown Zoning Code, fencing over six feet in height
requires a Major Exception. 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. The findings required for the Major
Exception are included in Attachment 1.
Airport Compatibility
The project site is located within the B2 Compatibility Zone (Extended Approach/Departure Zone)
of the Ukiah Municipal Airport Master Plan and the Mendocino County Airport Comprehensive
Land Use Plan (ACLUP).
Use: The historic and existing use of the property (established in 1952) is commercial/retail. Table
2A of the Mendocino County Airport Comprehensive Land Use Plan (ACLUP) and Table 7A of
the Ukiah Municipal Master Plan lists single-story offices, low-intensity retail, office, and low-
intensity manufacturing as normally acceptable uses in the B2 zone. The project best fits the
description and intent of low-intensity retail and manufacturing (cultivation, retail and distribution).
Density: The B2 zone allows for 60 people per acre for nonresidential uses. Based on the parcel
size, 38 people maximum are allowed on-site at any one time (0.63 ac x 60= 38 people). Per the
analysis below, the project would be consistent with this criteria.
The project proposes six employees per shift and estimates no more than 10 customers at one
time, resulting in a maximum density of 16 persons at any one time.
Density was also calculated by using the Parking Ordinance methodology for calculating density
(Appendix C of ACLUP), which uses the amount of parking spaces to calculate an estimated
number of people generated by the use. The project proposes to use the 15 existing spaces on-
site (nine employee and delivery spaces in the fenced parking lot parking lot and six additional
parking spaces, accessed via an existing driveway along East Smith Street). Using this
methodology, nine people are anticipated for the project (15 spaces x 1 person = 15/ 0.63 ac = 9
persons).
Height. One-story structures are acceptable in the B2 zone. The project proposes to use the
exiting one-story building and does not propose expansion of the footprint or height.
Page 10 of 161
Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
7
Open Land: Table 2a of the ACLUP recommends 30% open land. The project would occupy an
existing building with six ±1,800 sf suites for a total of a 10,800 sf structure on a 27,442.8 sf
parcel, resulting in 39.3% being occupied, leaving 60.7% of open land.
Based on the above analysis, the project is consistent within the compatibility criteria for the B2
zone with the ALUCP. As described in the Mendocino County Airport Land Use Commission
Interim Referral Procedure, adopted by City Council (Resolution 2018-39-Attachment 8), a Major
Use Permit project within the B2 zone only requires referral to the County ALUC staff planner if a
question of compatibility exists. Therefore, the project was not referred to the County for review.
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 February 1, 2020
Posted on the Project site on January 29, 2020
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 January 29, 2020.
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
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
Page 11 of 161
Staff Report
Major Use Permit
Wine Country Cannasseurs
270, 272 & 274 East Smith Street
File No.: 19-4635
8
5. Public Correspondence Received at the January 8, 2020 Planning Commission Hearing
6. Agency Comments
7. Draft Minutes of the January 8, 2020 Planning Commission Meeting
8. Mendocino County Airport Land Use Commission Interim Referral Procedure, adopted
December 5, 2018 (Resolution 2018-39).
Page 12 of 161
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.
Page 13 of 161
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.”
Page 14 of 161
Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
3
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.
Page 15 of 161
Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
4
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
Page 16 of 161
Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
5
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
Page 17 of 161
Draft Findings
Major Use Permit
Wine Country Cannasseurs
272, 272 & 274 East Smith Street
File No.: 19-4635
6
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 18 of 161
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 19 of 161
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 20 of 161
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 21 of 161
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 22 of 161
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 23 of 161
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 24 of 161
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.
Page 25 of 161
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
Page 26 of 161
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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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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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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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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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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1
1
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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ATTACHMENT 7
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CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
January 8, 2020
6:00 p.m.
1.CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on January 8, 2020, having
been legally noticed on December 29, 2019. Chair Wetzel called the meeting to order at 6:00
p.m.
CHAIR WHETZEL PRESIDING.
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; Michelle Irace, Planning Manager; 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 January 8, 2020 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. Not visited by Van Antwerp.
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 140 of 161
Minutes of the Planning Commission, January 8, 2020 Continued:
Page 2 of 2
11. CONSENT CALENDAR
a. 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.
Motion/Second: Vice Chair Christensen/Commissioner Sander motion carried to
recommend of Approval to the City Council.
12. NEW BUSINESS
a. Request for Review and Recommendation for Major Use Permit and Parking Variance
Request to Allow a Cannabis Manuf acturing (non-volatile) and Dispensary/Retail
Operation in an Existing Building at 441 North State Street; APN 002-186-19; File No.
19-4434
Motion/Second: Commissioner Sander/Vice Chair Christensen Motion to move to a
future date carried by the following roll call vote: AYES: Van Antwerp, Christensen, Sanders,
Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
.
Public comment: Letter from Brent Schultz at County of Mendocino Dept of Planning
and Building Services, email from Robert & Thelma Levy, email from Jan Hoyman
Studio, letter from Douglas L Losak of Law Office of Duncan M. James.
b. Request for Review and Recommendation for Major Use Permit/ Site Development 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.
Motion/Second: Commissioner Sander/Vice Chair Christensen Motion to move to a
future date carried by the following roll call vote: AYES: Van Antwerp, Christensen, Sanders,
Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: None.
Public comment: Letter from Brent Schultz at County of Mendocino Dept of Planning
and Building Services, Letter from Ronald J. Meaux from Meaux Architecture Group.
13. UNFINISHED BUSINESS
14. ADJOURNMENT
There being no further business, the meeting adjourned at 6:17 p.m.
____________________________
Pamela Mathias, Deputy Clerk
Page 141 of 161
I
I
I
RESOLUTION NO. 2018-39
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF UKIAH
ESTABLISHING AN INTERIM REFERRAL PROCEDURE, UNTIL SUCH TIME
THAT THE MENDOCINO COUNTY AIRPORT COMPREHENSIVE LAND USE
PLAN IS UPDATED TO REFLECT CURRENT UKIAH MUNICIPAL AIRPORT
ENVIRONS, FOR PROJECTS LOCATED IN THE A, A*, B1, B1* AND B2 ZONES
OF THE 1996 COMPATIBILITY ZONING MAP OF THE UKIAH MUNICIPAL
AIRPORT MASTER PLAN AND REFERRED BY THE CITY OF UKIAH
COMMUNITY DEVELOPMENT DEPARTMENT TO THE MENDOCINO COUNTY
AIRPORT LAND USE COMMISSION
WHEREAS:
1. The 1996 Mendocino County Airport Comprehensive Land Use Plan
("ACLUP") and related City of Ukiah documents needs to be updated to
reflect current Ukiah Municipal Airport environs and State regulations; and
2. The City of Ukiah and the County of Mendocino need to work together to
update their respective planning documents related to the Ukiah Municipal
Airport; and
3. The ACLUP does not provide adequate clarity to the City of Ukiah
Community Development Department ("Department") on what projects in
the A, A*, 81, 81*, and 82 Zones of the 1996 Compatibility Zoning Map of
the Ukiah Municipal Airport Master Plan need referral to the Mendocino
County Airport Land Use Commission ("ALUC"); and
4. The Department has not adopted an ALUC project referral process beyond
what exists in Section 1.3 of the ACLUP; and
5. The City Council and Department wish to adopt an ALUC interim referral
process, until such time that the ACLUP is updated to reflect current Ukiah
Municipal Airport environs, for projects located in the A, A*, 81, 81 *,and 82
Zones of the 1996 Compatibility Zoning Map of the Ukiah Municipal Airport
Master Plan and referred by the Department to the ALUC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah
hereby adopts a Mendocino County Airport Land Use Commission interim referral
Attachment 8
Page 142 of 161
procedure for the City of Ukiah Community Development Department, which is
attached as "Exhibit A."
PASSED AND ADOPTED this 5th day of December 2018, by the following roll
call vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren
None
None
None
Maureen Mulheren, Mayor
I
I
I
Page 143 of 161
Exhibit A to Resolution
Ukiah
DEVELO.PM.EN'l' I>.EPAR'I'MEN'I'
Mendocino County Airport Land Use Commission
Interim Referral Procedure
In the interim-until such time that the Mendocino County Airport Comprehensive Land Use Plan
(ACLUP) is updated to reflect current Ukiah Municipal Airport environs-the City of Ukiah
Community Development Department will refer projects in the "A and 8 Zones" to the Airport Land
Use Commission (ALUC) for a consistency determination in a manner described in the ACLUP,
and as more particularly described below. The A and 8 Zones include Zones A, A*, 81, 81*, and
82 of the July 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan.
I. Statutory Requirements
Section 1.3.2 of ACLUP
Any of the types of actions described in Section 1.3.2 of the ACLUP shall be referred to the ALUC
for a determination of consistency prior to their approval by the City. These include:
(a) The adoption or approval of any amendment to a general or specific plan affecting the
property within an airport's planning area (Section 21676 (b)).
(b) The adoption or approval of a zoning ordinance or building regulation which (1) affects
property within an airport's planning area and (2) involves the types of airport impact
concerns listed in Paragraph 1.2 (Section 21676 (b)).
(c) Adoption or modification of the master plan for an existing public-use airport (Section
21676 (c)).
(d) Any proposal for a new airport or heliport whether for public use or private use (Section
21661.5) which requires a state airport permit.
Section 1.3.4 of ACLUP
The City will continue to refer the following individual actions/projects located in the A and 8 zones
to the ALUC (please note these are also listed in the specific zone procedures below):
(a) Any proposed expansion of a city's sphere of influence.
(b) Proposed land use project by a government entity which exceeds 10,000 square feet.
(c) Proposed storage of more than 2,000 gallons of fuel or flammables per parcel in portions
of the 8 Zone not lateral to the runway.
(d) Reconstruction of existing incompatible development within Compatibility Zone A.
(e) Any proposed land use action, as determined by the local planning agency, involving a
question of compatibility with airport activities.
Items (d) and (e) are described more fully in the sections below.
1
Page 144 of 161
Exhibit A to Resolution
II. Projects in the A and A* Compatibility Zones (the "A Zones")
A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs)
Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local
planning agency (the City of Ukiah Community Development Department), will be referred to the
ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below.
Procedure: After an initial analysis, the City of Ukiah Community Development Department will
refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table ?A of the Ukiah
Municipal Airport Master Plan (Table 2A in the ACLUP), listed in "Attachment 1" to this document.
Per 1.3.4(d) of the ACLUP, reconstruction of existing incompatible development within the A
Zones includes those buildings or development actions that are inconsistent with criteria in Table
?A, excepting certain ministerial actions described in IIC below.
Note: an initial referral for major projects located in the A or A* Zones will be sent to County of
Mendocino ALUC Planning Services staff (County ALUC Planning staff) on the date other
departments and agencies are sent a project notification referral. County ALUC Planning staff will
be given 7 work days to complete an initial analysis and determine if the project will need to be
referred to the ALUC. At the County's discretion, this may involve consultation with City Staff.
If County ALUC Planning staff determine the project should be referred to the ALUC, then
according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request
for a consistency determination on a project within 60 days of referral." For clarification purposes,
the date of ALUC referral is the date the City Community Development Department delivers the
complete ALUC consistency determination analysis and staff report, supporting documentation,
and requisite fee (paid by the applicant or City) to the County of Mendocino Department of
Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination
within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will
be deemed consistent with the ACLUP.
B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs)
MiUPs are proposed for small projects. Level 1 MiUPs involve temporary outdoor sales/display,
special events and similar small projects and Level2 MiUPs involve minor expansions or changes
in use per the provisions in Article 20, Chapter 2 of Ukiah City Code.
Procedure: Unless the project proposes a minor expansion or minor change in use that is not
consistent with Compatibility Table ?A, MiUPs will not be referred to the ALUC.
C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code
The CaiTrans Division of Aeronautics California Airport Land Use Planning Handbook describes
when ministerial actions can be reviewed by the ALUC and states: "Subsequent to local
jurisdiction action that makes planning policies fully consistent with the ALUCP [ACLUP], ALUCs
only review ministerial permitting actions if the local jurisdiction agrees to submit them."
Procedure: Ministerial permits are not subject to discretionary review, and as such, cannot be
modified or denied based on an unfavorable consistency determination from the ALUC. However,
buildings within the A zones and/or the Ukiah Municipal Airport Layout Plan Runway Protection
2
Page 145 of 161
Exhibit A to Resolution
Zones, although possibly listed as "allowed uses" in Ukiah City Code, may pose hazards to flight
or airport operations. It is therefore important to adhere to the FAA determinations procedure
below.
D. Federal Aviation Administration (FAA) Determinations
1. Construction of New Structures not located in the Runway Protection Zone (RPZ) or
Future RPZ of the Ukiah Municipal Airport Layout Plan (ALP): All projects located in the A
Zones that involve the new construction of structures will be referred to the FAA for a flight
hazard determination if, per federal regulations at Part 77, the height of the new structure
exceeds a 100:1 slope threshold from the runway end. The property owner or applicant
for the proposed project shall be required to provide the FAA determination as a part of
their planning permit application. The FAA determination does not constitute a finding of
consistency.
2. Construction of New Structures located in the RPZ or Future RPZ of the Ukiah ALP: All
projects located in the A Zones that involve the new construction of structures located in
the RPZ or future RPZ of the Ukiah Municipal Airport Master Plan Airport Layout Plan will
be referred to the FAA for a flight hazard determination. The property owner or applicant
for the proposed project shall be required to provide the FAA determination as a part of
their planning permit application. The FAA determination does not constitute a finding of
consistency.
Pre-existing structures will not be required to be referred to the FAA for a flight hazard
determination. This includes those structures that may never have been referred.
Ill. Projects in the "81" and "81*" Compatibility Zones
A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs)
Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local
planning agency (the City of Ukiah Community Development Department), will be referred to the
ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below.
Procedure: After an initial analysis, the City of Ukiah Community Development Department will
refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table ?A of the Ukiah
Municipal Airport Master Plan (Table 2A in ACLUP), listed in "Attachment 1" to this document,
and/or Section 2.1.6 "lnfill" of the ACLUP. Projects can be considered "infill" if they meet all of the
following criteria:
(a) The Airport Land Use Commission has determined that "substantial development" already
exists.
(b) The project site is bounded by uses similar to those proposed.
(c) The proposed project would not extend the perimeter of the area developed with
incompatible uses.
(d) The proposed project does not otherwise increase the intensity and/or incompatibility of
use through use permits, density transfers or other strategy.
(e) The infill area has been identified by the local jurisdiction in its general plan or related
document and approved by the Commission.
3
Page 146 of 161
Exhibit A to Resolution
Additionally, if in the review of the project there are additional considerations that may allow the
project to be deemed consistent if taking into account current standards and airport environs,
specifically those standards listed in the California Airport Land Use Planning Handbook and
Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list
those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to
the Compatibility Criteria in the ACLUP.
Note: an initial referral for major projects located in the B1 or B1* Zones will be sent to County
ALUC Planning staff on the date other departments and agencies are sent a project notification
referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and
determine if the project will need to be referred to the ALUC. At the County's discretion, this may
involve consultation with City Staff.
If County ALUC Planning staff determine the project should be referred to the ALUC, then
according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request
for a consistency determination on a project within 60 days of referral." For clarification purposes,
the date of ALUC referral is the date the City Community Development Department delivers the
complete ALUC consistency determination analysis and staff report, supporting documentation,
and requisite fee (paid by the applicant or City) to the County of Mendocino Department of
Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination
within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will
be deemed consistent with the ACLUP.
B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs)
The procedure will be the same as Section liB above.
C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code
The CaiTrans Division of Aeronautics California Airport Land Use Planning Handbook describes
when ministerial actions can be reviewed by the ALUC and states: "Subsequent to local
jurisdiction action that makes planning policies fully consistent with the ALUCP [ACLUP], ALUCs
only review ministerial permitting actions if the local jurisdiction agrees to submit them."
Procedure: Ministerial permits are not subject to discretionary review, and as such, cannot be
modified or denied based on an unfavorable consistency determination from the ALUC.
No ALUC review will be required.
D. Federal Aviation Administration (FAA) Determinations
Projects located in the B1 or B1* Zones that involve the new construction of structures will be
referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the
height of the new structure exceeds a 100:1 slope threshold from the runway end. The property
owner or applicant for the proposed project shall be required to provide the FAA determination as
a part of their planning permit application. The FAA determination does not constitute a finding of
consistency.
Pre-existing structures will not be required to be referred to the FAA for a flight hazard
determination. This includes those structures that may never have been referred.
4
Page 147 of 161
Exhibit A to Resolution
IV. Projects in the "B2" Compatibility Zone
A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs)
Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local
planning agency (the City of Ukiah Community Development Department), will be referred to the
ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below.
Procedure: After an initial analysis, the City of Ukiah Community Development Department will
refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table ?A of the Ukiah
Municipal Airport Master Plan (Table 2A of the ACLUP), listed in "Attachment 1" to this document.
Additionally, if in the review of the project there are additional considerations that may allow the
project to be deemed consistent if taking into account current standards and airport environs,
specifically those standards listed in the California Airport Land Use Planning Handbook and
Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list
those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to
the Compatibility Criteria in the ACLUP.
Note: an initial referral for major projects located in the B2 Zone will be sent to County ALUC
Planning staff on the date other departments and agencies are sent a project notification referral.
County ALUC Planning staff will be given 7 work days to complete an initial analysis and
determine if the project will need to be referred to the ALUC. At the County's discretion, this may
involve consultation with City Staff.
If County ALUC Planning staff determine the project should be referred to the ALUC, then
according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request
for a consistency determination on a project within 60 days of referral." For clarification purposes,
the date of ALUC referral is the date the City Community Development Department delivers the
complete ALUC consistency determination analysis and staff report, supporting documentation,
and requisite fee (paid by the applicant or City) to the County of Mendocino Department of
Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination
within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will
be deemed consistent with the ACLUP.
B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs)
The procedure will be the same as Section liB above.
C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code
The procedure will be the same as in Section IIIC above.
D. Federal Aviation Administration (FAA) Determinations
Projects located in the B2 zone that involve the new construction of structures will be referred to
the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the
new structure exceeds a 1 00: 1 slope threshold from the runway end. The property owner or
applicant for the proposed project shall be required to provide the FAA determination as a part of
their planning permit application. The FAA determination does not constitute a finding of
consistency.
5
Page 148 of 161
Exhibit A to Resolution
Pre-existing structures will not be required to be referred to the FAA for a flight hazard
determination. This includes those structures that may never have been referred.
V. Properties Subject to an Avigation Easement
For any property subject to an easement that limits the Grantor so they "shall not hereafter erect,
or permit the erection or growth of, any structure, tree or other object", any project that constructs
new buildings or expands existing buildings into the area of the easement shall be presented to
the Airport Land Use Commission for a consistency determination. A determination of no hazard
to air navigation may be submitted along with the package to the Airport Land Use Commission
for review but does not constitute a finding of consistency. Projects that do not expand the current
building footprint, but simply replace the building with an updated building within the same or
smaller footprint, shall not require a consistency determination.
For properties subject to an easement that have proposed project(s) not encroaching on the area
of said easement, a consistency determination will not be required from the ALUC unless
triggered under one of the criteria in I -IV above.
For the purposes of this document, shall is to mean must.
VI. Properties with Pre-Existing Non-Conforming Uses
The ALUC does not have authority over existing incompatible land uses or the operation of any
airport. Based on this limit on the ALUC's jurisdiction, as stated in the ACLUP, the City shall not
refer for a consistency determination any land use or building that qualifies as a legal, pre-existing
structure or use, as defined in Ukiah City Code (UCC) Section 9250 and which structure or use
may be continued in compliance with UCC Section 9209.
6
Page 149 of 161
AGENDA ITEM NO. 13a.
Department of Community Development
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Agenda Item 13a.
Planning Commission Officer Appointments
1
DATE: February 4, 2020
TO: Planning Commission
FROM: Craig Schlatter, Director of Community Development
SUBJECT: Appointment of New Chair and Nomination and Appointment of Vice Chair;
and Planning Commission Reorganization.
___________________________________________________________________________
Background:
Per Section 4 of the City of Ukiah Planning Commission Procedures of Conduct (Attachment 1),
updated and adopted November 8, 2017, through Resolution No. 2017-01, the Planning
Commission is to have a Chair and Vice Chair. At its July 25, 2018 regular meeting, the
Commission directed that annual elections occur the second meeting of each calendar year.
Currently, the Planning Commission Chair is Michael Whetzel and the Vice Chair is Laura
Christensen. Previously, the Commission directed that the Vice Chair be appointed as the Chair
the year after serving in the position of Vice Chair.
The Planning Commission has not yet appointed its officers for the 2020 calendar year, and the
second meeting in January 2020 was cancelled due to a lack of new business. The Commission
is thus due to appoint Officers for calendar year 2020.
Discussion:
Responsibilities of Officers of the Planning Commission are outlined in the Procedures of
Conduct. The duties and responsibilities of the Chair and Vice Chair are important for
preserving order and decorum, as stated in Section 5 of the Procedures.
Recommended Action(s):
1) Appoint Vice Chair Laura Christensen to Chair of the Planning Commission; 2) nominate
and appoint a Commissioner to the position of Vice Chair; and 3) reorganize the
Commission according to Section 7I of the Procedures of Conduct.
Page 150 of 161
Exhibit “A”
Planning Commission
Procedures Resolution
1
EXHIBIT “A”
PROCEDURES OF CONDUCT
OF THE UKIAH PLANNING COMMISSION MEETINGS
FOR THE CITY OF UKIAH
SECTION 1. UKIAH PLANNING COMMISSION MEETINGS
The Ukiah Planning Commission (“Commission”) meets regularly on the second and
fourth Wednesday of each month at 6:00 p.m. The Commission meetings are held at the
Civic Center Council Chambers, located at 300 Seminary Avenue. The Rules of Conduct
set forth procedural guidelines for the conduct of Ukiah Planning Commission meetings
as follows:
I. Special Meetings/Time and Place/Notices
Special Planning Commission meetings may be called at any time by the Planning
Commission Chair or by three (3) members of the Commission by directing the Recording
Secretary to deliver or mail a written notice to each Commissioner and to each local
newspaper of general circulation. Such notice shall be delivered personally or by mail at
least twenty-four (24) hours before the time of such meeting, as set forth in the notice. The
notice shall set forth (1) the time and place of the special meeting, which may be at a time
and place different from the regular meeting time or place, and (2) the business to be
transacted at the special meeting. A copy of the notice shall also be posted at or near the
door to the Civic Center Council Chambers. No other business than what is specified in
the notice shall be considered at such meetings. Such written notice may be dispensed
with as to any Commissioner who, at or prior to the time the meeting convenes, files with
the Planning Commission a written waiver notice. Such waiver may be given by U.S. Mail,
e-mail, or facsimile. The written notice may also be dispensed with as to any
Commissioner who is actually present at the meeting at the time it convenes.
II. Open to the Public/Exception
All regular and special meetings of the Planning Commission shall be public; provided,
however, the Commission may hold a special meeting, pursuant to applicable provisions
of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.).
III. Closed sessions/Disclosure of Information
Not applicable.
SECTION 2. AGENDAS
I. Preparation and Posting of Meeting Agendas
Attachment 1
Page 151 of 161
Exhibit “A”
Planning Commission
Procedures Resolution
2
Except for documents or information prepared by City staff that are not available by 12:00
pm on Wednesday, but in the Planning Director’s judgment should be included with the
meeting agenda prior to its delivery to the members of the Planning Commission, all
reports, communications, ordinances, resolutions, contract documents, or other
documents regarding matters to be submitted to the Commission at a regular meeting,
shall be delivered to the Recording Secretary no later than 12:00 pm on Wednesday, six
(6) working days preceding the meeting. The Recording Secretary or City Planning
Division staff shall prepare the agenda of all such matters under the direction of the City
Planning Director. The agenda and supporting documents shall be delivered to the
Planning Commissioners no later than the Friday preceding the Wednesday Planning
Commission meeting to which the agenda pertains. The agenda itself shall be posted in a
location freely accessible to the public at least 72 hours before each regular meeting or
24 hours before any special meeting of the Planning Commission. The agenda must
include a brief description of each item of business to be transacted or discussed at the
meeting, as well as the time and location of the meeting. The Planning Director shall
review the items to be placed on the agenda and place those items which he or she
believes to be of a routine non-controversial nature and that are properly documented, on
for adoption by a single motion.
II. Order of Business
The business of the Planning Commission and the order of its agenda shall be in such
form, as the Commission may from time to time adopt by resolution.
SECTION 3. PLANNING CORRESPONDENCE
I. Availability to the Public
Correspondence addressed to the Planning Commission and received by the Recording
Secretary, Planning Division staff, or any other officer or employee of the City, shall not
become a public record until received and filed by the Commission at a regular, special,
or adjourned meeting of the Planning Commission. Correspondence should not be read
aloud at a Planning Commission meeting unless requested by a majority vote of the
Commission.
II. Authority of the Planning Director
The City Planning Director is hereby authorized to open and examine all mail or other
written communications addressed to the Planning Commission and to give them
immediate attention to this end, that all administrative business referred to in such
communications, and not necessarily requiring Commission action, may be acted upon
between Commission meetings; provided, however, mail addressed to individual
Commissioners shall not be opened without the consent of the Commissioner.
SECTION 4. PRESIDING OFFICER
The Planning Commission Chair shall be the presiding officer at all meetings of the
Planning Commission. In the absence of the Planning Commission Chair, the Planning
Page 152 of 161
Exhibit “A”
Planning Commission
Procedures Resolution
3
Commission Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the
Recording Secretary shall call the Commission to order, whereupon, a temporary
presiding officer or Commissioner shall be elected by the Planning Commissioners
present to serve until the arrival of the Planning Commission Chair or Vice Chair or until
adjournment. Wherever in this Article the term Chair is used, it shall apply equally to the
presiding officer as set forth in this section.
I. Powers and Duties
A. Participation: The presiding officer may move, second, debate, and vote
from the Chair.
B. Signing of Documents: The presiding officer shall sign all resolutions,
contracts, and other documents necessitating his/her signature which were
adopted in his/her presence, unless he or she is unavailable, in which case
the signature of an alternate presiding officer may be used.
C. Discussion of and Action on Agenda Items: Under rules, as shall be
determined from time to time by the Commission Chair, the public shall be
offered an opportunity to address at the meeting, any item included on the
agenda. The Planning Commission shall not take action on any item not
appearing on the posted agenda unless: 1) a Commission majority
determines that an ’emergency situation”, as defined herein, exists; 2) the
Commission determines by a two-thirds (2/3) vote, or by a unanimous vote
if less than two-thirds (2/3) of the Planning Commissioners are present, that
a need to take immediate action to the item arose subsequent to the
posting of the agenda; or 3) the item was included in a properly posted
agenda for a prior meeting occurring not more than five (5) days prior to
the meeting at which time the action is taken and was continued to the
meeting at which time the action is taken
As used in this section “emergency” means an event which will cause a
work stoppage, severely impairing public health or safety, or a crippling
disaster severely impairing public health or safety.
SECTION 5. RULES OF ORDER
In the event of questions as to procedure not set forth in this article for Planning
Commission meetings, the Chair shall be guided by the rules of general parliamentary
procedure.
I. Rules of Order/Failure to Observe
Rules adopted to expedite the transaction of the business of the Commission in an orderly
fashion shall be deemed to be procedural only, and the failure to strictly observe such
Page 153 of 161
Exhibit “A”
Planning Commission
Procedures Resolution
4
rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a
meeting, which is otherwise held in conformity with law.
II. Rules of Decorum
A. Commissioners: While the Commission is in session, the Commissioners
shall preserve order and decorum, and a Commissioner shall neither, by
conversation or otherwise, delay or interrupt the proceedings or the peace
of the Commission, nor disturb any Commissioner while speaking, nor
refuse to obey the orders of the presiding officer. Commissioners shall not
leave their seats during a meeting without first obtaining the permission of
the presiding officer.
B. Employees: Members of the City staff and employees shall observe rules
of order and decorum as are applicable to the Planning Commission.
However, members of the City Planning Division staff seated at the Staff
table may not leave their seats during a meeting without first obtaining the
permission of the presiding officer.
C. Persons Addressing the Council: Any person making impertinent,
slanderous, or profane remarks, or who becomes belligerent while
addressing the Commission, shall be called to order by the presiding
officer, and if such conduct continues, may, at the discretion of the
presiding officer, be ordered barred from further attendance before the
Commission during that meeting.
D. Members of the Audience: Any person in the audience who engages in
disorderly conduct, such as clapping of the hands, stamping of the feet,
whistling, using profane language, yelling, or similar demonstrations, which
disturbs the peach and good order of the meeting, or who refuses to comply
with the lawful orders of the presiding officer, is guilty of a misdemeanor
under the provisions of State law, and, upon instructions from the presiding
officer, it shall be the duty of the sergeant at arms to remove such person
from the Council Chamber and to place him or her under arrest.
E. Dangerous Instruments: No person may enter the chambers of a
legislative body, as defined in Section 54952 of the California Government
Code, or any place where such legislative body is in session, with any
firearm, weapon, or explosive device of any nature. The provisions of this
Section shall not apply to authorized peace officers or to those persons
authorized by the California Penal Code to carry such weapons.
F. Rules of Decorum/Enforcement: The Chief of Police, or such members of
the Police Department as the Chief of Policy may designate, shall be
sergeant at arms of the Commission and shall carry out all orders given by
the presiding officer for the purpose of maintaining order and decorum at
Commission meetings. Any Commissioner may move to require the
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presiding officer to enforce the rules, and the affirmative vote of a majority
of the Commission shall require him or her to do so.
II. Rules of Debate
A. Getting the Floor: Every Commissioner desiring to speak at a
Planning Commission meeting shall first address the Chair, gain
recognition by the presiding officer, and confine himself/herself to the
question under debate, avoiding indecorous language.
B. Questioning the Staff: Every Commissioner desiring to question the City
staff shall, after recognition by the presiding officer, address his or her
questions to City staff.
C. Interruptions: A Commissioner, once recognized, shall not be interrupted
when speaking unless called to order by the presiding officer, a point of
order or chooses to yield to a question by another Commissioner. If a
Commissioner is called to order while speaking, he or she shall cease
speaking until the question of order is determined to be in order, then he or
she may proceed. Members of the City staff, after recognition by the
presiding officer, shall hold the floor until the completion of their remarks or
until recognition is withdrawn by the presiding officer.
D. Points of Order: The presiding officer shall determine all points of order,
subject to the right of any Commissioner to appeal to the Council. If an
appeal is taken, the question shall be, “Shall the decision of the presiding
officer be sustained”? A majority vote shall conclusively determine such
question of order.
F. Privilege of Closing Debate: The Commissioner moving the adoption of an
ordinance, resolution, or motion shall have the privilege of closing debate.
G. Limitation of Debate: No Commissioner shall be permitted to speak more
than once on any particular subject until every other Commissioner desiring
to do so shall have spoken.
SECTION 6. MOTIONS
A motion by any member of the Planning Commission, including the presiding officer,
may not be considered by the Commission without receiving a second.
I. After Motions are Made and Hearings are Closed
After a motion has been made or a public hearing has been closed, no member of the
public shall address the Commission from the audience on the matter under consideration
without first seconding permission to do so by a majority vote of the Commission.
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SECTION 7. VOTING RULES
I. Seating Arrangement for Commission
The Planning Commission Chair shall sit in the center chair of the Commission; the next
most senior in years served on the Commission Commissioner (and if there is more than
one of the same seniority, then by highest vote count at that election) shall sit alternately
on the left and right of the Planning Commission Chair.
II. Question to be Stated
Upon moving the question, the presiding officer shall call for the vote which shall be taken
first from the least senior member then moving by seniority rank to the most senior
member, with Planning Commission Chair voting last.
III. Registration of Votes
Any vote of the Planning Commission, including a roll call vote, may be registered by the
members by answering “aye” for an affirmative vote or “no” for a negative note upon the
name of the Planning Commissioner.
IV. Voting Procedure/Disqualification
Any Planning Commissioner who is disqualified from voting on a particular matter by
reason of a conflict of interest, shall publicly state, or have the presiding officer state, the
nature of such disqualification in open meeting. A Commissioner who is disqualified by
reason of a conflict of interest in any matter, shall not remain in his or her seat during the
debate and vote on such matter, but shall request and be given the permission of the
presiding officer to step down from the Council table and leave the Council Chamber. A
Commissioner stating such disqualification shall not be counted as a part of a quorum,
and shall be considered absent for the purpose of determining the outcome of any vote
on such matter.
V. Failure to Vote
Planning Commissioners present at a Planning Commission meeting shall vote unless
disqualified by reason of a conflict of interest or where the Commissioner, in good faith,
believes that he or she should not vote on a measure for good cause, such as, but not
limited to, not having attended a prior meeting essential to an informed vote on the
measure. A failure to vote or an abstention shall not be counted. A measure shall pass
only if it receives “aye” votes from a majority of the Commissioners present at the meeting,
provided a quorum is established. Commissioners abstaining shall be counted in
determining whether a quorum is present.
VI. Tie Votes
Tie votes shall be lost motions and may be reconsidered.
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VIII. Changing Votes/Abstention
A Planning Commissioner may change his or her vote only if he or she makes a timely
request to do so immediately following the announcement of the vote by the Recording
Secretary and prior to the time the next item in the order of business is taken up. A
Commissioner who publicly announces he or she is abstaining from voting on a particular
matter shall not subsequently be allowed to withdraw his or her abstention.
SECTION 8. RECONSIDERATION OF ACTIONS
A motion to reconsider any action taken by the Planning Commission may be made only
on the day such action was taken. It may be made either immediately during the same
session or at recessed or adjourned session thereof. Such motion may be made only by
one of the Commissioners who voted with the prevailing side. The provision of this Section
shall not be construed to prevent any Commissioner from making or remaking the same
or any other motion at a subsequent meeting of the Council.
SECTION 9. PUBLIC HEARINGS
I. Public Hearing Defined
A public hearing is any hearing which is publicly noticed by publication in a newspaper of
general circulation, posting on affected property, or mailing to affected parties. Generally,
public hearings can be classified as quasi-judicial or quasi-legislative. Generally, a quasi-
judicial decision is any decision affecting one, or a limited number of individual applicants,
in which the Planning Commission is legally required to make its decision based on the
evidence presented during the hearing. Examples of such hearings include, but are not
limited to those concerning major use permits, variances, and major site development
permits.
II. Submission of Documents
In order to give adequate consideration to written documents, the following rules shall
apply:
A. Time and Submission: Any written document, whether containing factual
information or legal or policy arguments exceeding 250 words, must be
submitted to the Recording Secretary six (6) calendar days prior to the
scheduled hearing date. Photographs or other graphic depictions may be
filed at the hearing.
1. If the submission deadline falls on a legal holiday or weekend, the
document must be submitted the last working day prior to the
submission deadline.
2. The Planning Commission shall exclude from the record and not
consider any document submitted after the submission deadline,
unless upon a motion by a Commissioner, a majority of the
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Commissioners present at the hearing vote to consider the
document. A decision to consider a document not timely filed shall
be considered automatic grounds to continue the hearing, although
a continuance shall require a specific motion adopted by a majority
of the Commissioners present at the meeting.
B. Manner of Submission: All documents must be presented to the Recording
Secretary for consideration at the hearing. No documents presented to the
individual Commissioners prior to the hearing shall be considered as part
of the hearing record.
1. To be considered, an original and seven (7) copies must be filed
with the Recording Secretary.
2. Upon receipt, the Recording Secretary shall date stamp as
Received the original and all copies. Upon request, the Recording
Secretary will furnish the proponent of the document with a date
stamped copy. The Recording Secretary shall immediately
distribute copies of the submitted documents to the individual
Commissioners and the Planning Director. The Recording
Secretary shall retain the original and include it in the hearing
record, which the Recording Secretary shall compile and maintain.
III. Notice of Hearing
Any notice of a public hearing shall include a statement that anyone wishing the
Planning Commission to consider a document exceeding 250 words must submit the
original document and seven (7) legible copies to the Recording Secretary not less
than six (6) calendar days prior to the scheduled meeting date.
IV. Viewing the Site
In quasi-judicial hearings involving specific property, it shall be the duty of Planning
Commissioners to view the site prior to the hearing. At the beginning of the hearing
the Planning Commission Chair shall poll the Commissioners to establish, on the
record, whether they have viewed the site. If any Commissioner indicates that he
or she has not viewed the site, the hearing shall be continued to the next regular
meeting date. In viewing the site, no Commissioner shall have any discussion with
project proponents or opponents.
In quasi-legislative public hearings involving specific property, any Commissioner
may, but is not required to, view the site. In such hearings, Commissioners may,
but are not required to, reveal on the record whether they have viewed the site.
V. Making a Decision
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In quasi-judicial hearings, the Planning Commission shall base its decision
exclusively on the record, including documents submitted in accordance with this
rule, and testimony and oral argument presented during the hearing. Any motion
deciding the matter shall include sufficient findings of fact to inform the parties of
the basis on which the Planning Commission made its decision, and to determine
whether the decision is based on lawful principles. Where possible, the staff report
on the quasi-judicial hearing provided to the Planning Commission shall include
proposed findings for Planning Commission consideration.
VI. Conduct of Public Hearing
As presiding officer, the Planning Commission Chair shall conduct the hearing to
promote an orderly presentation of the evidence by all parties. Subject to the
following guidelines, the Chair shall use his or her discretion in presiding over the
hearing:
A. Order of Proof: Generally, all those supporting an application or measure
shall present their evidence and argument first. Those opposing the
application or measure shall present their evidence and argument second.
Those supporting the measure shall be allowed some additional time for
rebuttal. If, during the rebuttal, project proponents present new argument
or evidence, project opponents shall be allowed some additional time to
rebut that new matter.
B. Time Limitations: The Planning Commission Chair may impose time
limitations on all those wishing to present evidence or argument. The Chair
may prevent the presentation of irrelevant, repetitive, or cumulative
testimony or argument.
C. Manner: Each person desiring to address the Planning Commission shall
step up to the microphone reserved for that purpose, state his or her name
and address for the record, state the subject he or she wishes to discuss,
state whom he or she is representing, if he or she represents an
organization or other persons, and, unless further time is granted by a
majority vote of the Commission, shall limit his or her remarks to three (3)
minutes. All remarks shall be addressed to the Commission as a whole and
not to any member thereof.
D. Spokesperson for Groups of Persons: In order to expedite matters and to
avoid repetitious presentations, whenever any group of persons wishes to
address the Planning Commission on the same subject matter, it shall be
proper for the presiding officer to request that spokesperson be chosen by
the group to address the Commission, and in the event additional matters
are to be presented by any other member of such group, to limit the number
of such persons addressing the Commission.
SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS
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I. Motions
Motions shall be used to express decisions of the Planning Commission on routine
questions or matters of temporary importance, or to give instructions to the staff
and shall be moved, seconded, and adopted by a voice vote unless a roll call is
requested by a Commissioner.
II. Resolutions
Resolutions shall be used to express decisions of the Planning Commission of a
permanent or lasting nature and shall be introduced, seconded, and adopted by a
roll call vote.
III. Ordinances
Not applicable.
SECTION 11. MINUTES/PREPARATION AND CHANGES
The Recording Secretary shall have the exclusive responsibility for the preparation of the
minutes of Planning Commission meetings, and any directions for changes in the minutes
shall be made only by a majority action of the Commission.
I. Minutes/Request for Detail
During a Planning Commission meeting any Commissioner may request the
Recording Secretary include in the minutes for that meeting a verbatim transcript
of any portion of the meeting designated by the Commissioner. If so requested,
the Recording Secretary shall include the verbatim transcript of such segment in
the draft minutes presented to the Planning Commission for approval, unless the
request is rejected by a majority vote of the Commission.
II. Minutes/Reading
Unless the reading of the minutes of a Planning Commission meeting is ordered
by a majority vote of the Commission, such minutes may be approved without
reading, if the Recording Secretary has previously furnished each Commissioner
with a copy.
III. Minutes/Entry of Statements
A Planning Commissioner may request through the presiding officer of a Planning
Commissioner meeting, the privilege of having an abstract of the statement of such
Commissioner on any subject under consideration by the Commission entered in
the minutes. If the Commission consents thereto, such statement shall be inserted
in the minutes.
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SECTION 12. SPECIAL COMMITTEES
All special Planning Commission committees shall be appointed by the presiding officer
with a majority consent of the Commission. Such committees shall be temporary in tenure
and shall automatically be discharged upon the completion of their charge, or upon an
order of the presiding officer or majority of the Commission.
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