HomeMy WebLinkAbout2020-05-13 PacketPlanning Commission
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
Please join the meeting from your computer, tablet, or smartphone.
https://global.gotomeeting.com/join/403937173
You can also dial in using your phone.
United States: +1 (646) 7493112
Access Code: 403937173
May 13, 2020 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
4.a. Approval of Regular Meeting Minutes for April 22, 2020
Recommended Action: Approve the Regular Meeting Minutes for April 22, 2020.
Attachments:
1.20200422 PC Draft Minutes_mgt
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 .
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.
Page 1 of 161
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PLANNING COMMISSIONERS REPORT
10. DIRECTOR'S REPORT
11. CONSENT CALENDAR
12. NEW BUSINESS
13. UNFINISHED BUSINESS
13.a. Request for Review and Recommendation for Major Use Permit and Parking Variance Request
to Allow a Cannabis Manufacturing (nonvolatile) and Dispensary/Retail Operation in an
Existing Building at 441 North State Street; APN 00218619; File No. 194434
Recommended Action: Staff recommends the Planning Commission 1) Conduct the public
hearing; and 2) Adopt the Findings and conditionally approve the Major Use Permit with Variance
from parking regulations, for the project.
Attachments:
1.ATT 1_441 N State_Element 7_MaUP DRAFT Findings
2.ATT 2_441 N State_Element 7_MaUP DRAFT COA
3.ATT 3a Application
4.ATT 3b Site Plans
5.ATT 3c Odor Management and Control Plan
6.ATT 3d Signage Renderings
7.ATT 3e Operating Plans
8.ATT 4 Agency Comments
9.ATT 5 County ALUC Determination
10.Public Correspondence 20200106_Levy
11.Public Correspondence 20200107_Hoyman
12.Public Correspondence 20200108_Law Office of Duncan M James
13.Public Correspondence 20200330 Nicholson
14.Public Correspondence 20200413 Briley
15.Public Correspondence 20200422 James
16.Public Correspondence 20200506 Ledford
17.Element 7 Staff Report Addendum 20200513
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.
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
Page 2 of 161
Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours
prior to the meeting set forth on this agenda.
Mireya G. Turner, Associate Planner
May 8, 2020
Page 3 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
April 22, 2020
6:00 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission met at a Regular Meeting on April 22, 2020, having
been legally noticed on April 12, 2020. Chair Christensen called the meeting to order at 6:00
p.m.
CHAIR CHRISTENSEN PRESIDING.
2. ROLL CALL
Roll was taken with the following Commissioners Present: Ruth Van Antwerp, Mark Hilliker,
Mike Whetzel, Linda Sanders, and Laura Christensen; ABSENT: None Staff Present: Craig
Schlatter, Community Development Director; and Mireya Turner, Associate Planner.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Christensen.
4. APPROVAL OF MINUTES
Approval of Regular Meeting Minutes 2/26/2020
Motion/Second: Sanders/Hilliker approved the February 26, 2020 Regular Meeting
Minutes. Motion carried by the following roll call vote: AYES: Van Antwerp, Hillker, Whetzel,
Sanders, and Chair Christensen. NOES: None. ABSENT: None. ABSTAIN: None.
5. APPEAL PROCESS
No matters eligible for appeal were heard.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7. SITE VISIT VERIFICATION
Confirmed by Commissioners.
8. VERIFICATION OF NOTICE
Confirmed by Staff.
9. PLANNING COMMISSIONERS’ REPORT
Presenter: Chair Christensen.
10. PLANNING COMMISSION DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
Recommended Action: Receive report.
Page 4 of 161
Minutes of the Planning Commission, February 26, 2020 Continued:
Page 2 of 2
11. CONSENT CALENDAR
12. NEW BUSINESS
12.a Request for Review and Recommendation for Major Use Permit and Parking Variance
Request to Allow a Cannabis Manufacturing (nonvolatile) and Dispensary/Retail Operation in
an Existing Building at 441 North State Street; APN 00218619; File No. 194434
Recommended Action: Staff recommends the Planning Commission continue this issue to the
May 13, 2020 Regular Meeting, to allow staff time for further research regarding the proximity to
the mobile home park at 317 N. Main Street, and if the Academic Success and College Prep
Center, located at 307 N. State Street, is a school, and if there is a proximity conflict.
Motion/Second: Whetzel/Sanders Motion carried by the following roll call vote: AYES: Van
Antwerp, Hillker, Whetzel, Sanders, and Chair Christensen. NOES: None. ABSENT: None.
ABSTAIN: None.
13. UNFINISHED BUSINESS
14. ADJOURNMENT
There being no further business, the meeting adjourned at 6:57p.m.
____________________________
Pamela Mathias, Deputy Clerk
Page 5 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
1
DATE: April 22, 2020
TO: Planning Commission
FROM: Mireya G. Turner, Associate Planner
SUBJECT: Request for Review and Recommendation for Major Use Permit and Parking
Variance Request to Allow a Cannabis Manufacturing (non-volatile) and
Dispensary/Retail Operation in an Existing Building at 441 North State Street. APN
002-186-19; File No. 19-4434.
SUMMARY
OWNER: Allen Ling, TTE
APPLICANT: Robert Divito, Jr.
Element 7 Ukiah, LLC
8033 Sunset Blvd, #9877
Hollywood, CA 90046
LOCATION: 441 North State Street (APN 002-186-19)
TOTAL ACREAGE: ±0.18-acre (7,840.8 sf)
GENERAL PLAN: Commercial (C)
ZONING DISTRICT:
AIRPORT COMPATIBILITY:
Community Commercial (C-1)
Extended Approach/Departure Zone (B2)
ENVIRONMENTAL
DETERMINATION:
Categorical Exemption, pursuant to CEQA Guidelines Article
19 Section 15301, Existing Facilities, Class 1(a)
RECOMMENDATION: Conditional Approval (see Draft Findings in Attachment 1
and Draft Conditions of Approval in Attachment 2)
Page 6 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
2
PROJECT DESCRIPTION AND BACKGROUND
An application was received from Robert Divito of Element 7 Ukiah, LLC for approval of a Major
Use Permit to allow the operation of a cannabis manufacturing (non-volatile), and
retail/dispensary facility. The project also includes a request for a variance from the parking
regulations. The application and project description are included as Attachment 3a and
development plans are included as Attachment 3b. The project would include the following
components.
Non-volatile manufacturing, consisting of packaging of adult use and medicinal cannabis
pre-rolls, 96 sf retail/dispensary space, and 90 sf complementary self-administered spa
treatments with non-cannabis infused products, within an existing 1,872 sf, two-story, 26
ft high building;
Three (3) on-site parking spaces (one standard, one ADA, and one delivery loading zone)
within a 1,800 sf parking lot; additional off-site parking along North State Street and North
Main Street is available;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features including polarized carbon filters, ozone generators, air curtains and
air quality enhancing plants (see Attachment 3b; Site Plans);
Signage including a 6’ x 4’ “Element 7” sign on the wall of the facility, and a small hanging
sign above the entry way, (See Attachment 3e, Site Plan and Elevations included in
Attachment 3B);
Existing landscaping to remain; new landscaping is not proposed with this project;
Security features such as surveillance cameras, alarms, card reader entry, etc.; a six-foot
wrought iron security fence around the site’s North Main Street perimeter, and along the
side lot lines to the top of bank of Gibson Creek closest to the building, with a locked
delivery gate on North Main Street, and pedestrian gate along North State Street frontage,
and on-site security guard.
20-30 retail deliveries per day and one weekly delivery of cannabis for manufacturing are
anticipated with use of one delivery vehicle;
Operations will be staffed with up to 12 employees; with no more than four per shift.
Operating hours for Element 7 Ukiah would be as follows:
Dispensary:
7:00 a.m. to 8:00 a.m. - Opening Procedures (no public access)
9:00 a.m. to 9:00 p.m. – Dispensary Operations
9:00 p.m. to 10:00 p.m. – Closing Procedures (no public access)
Manufacturing:
8:00 a.m. to 8:00 p.m. – Manufacturing Operations
Page 7 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
3
The property is located at 441 North State Street and is bounded by North Main Street to the east.
Gibson Creek intersects the parcel at the Northwest corner, and traverses the parcel in a
southeasterly direction. A floodway line parallels the creek on either side, across the entire parcel.
An existing accessible path to the project site begins at North State Street, proceeding west and
crossing Gibson Creek via an existing bridge. The landscaping contains trees, grasses, and ivy.
The existing parking lot located on the back portion of the parcel along North Main Street contains
one standard parking space and one ADA parking space. The existing 1,872 sf building is located
on the eastern half of the parcel, 39 feet away from the creek at its closest point, and outside the
corresponding floodway. The majority of the structure was relocated to the parcel in 2003, with
new construction taking place on the first floor. It was most recently used as professional office
space.
SURROUNDING LAND USE AND ZONING
The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). The project site is surrounded by parcels zoned Commercial (C1),
and Urban Commercial (UC). The site is located outside of the Downtown Zoning District, but is
within the Downtown Parking Improvement District #1. The following uses are directly adjacent to
the parcel.
ZONING: USE:
NORTH Community Commercial Professional offices
EAST Community Commercial Retail/commercial and Circle Trailer Park
SOUTH Community Commercial and
Urban Center
Retail/commercial and automotive repair
WEST Community Commercial Single-family and multi-family residential
Page 8 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
4
Figure 1. General Plan
Figure 2. Zoning Designation
Page 9 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
5
Figure 3. Aerial Map
Page 10 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
6
Figure 4: View from North State Street Figure 5: North State Street frontage
Figure 6: View from North Main Street
Page 11 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
7
AGENCY COMMENTS
Project referrals were sent to the following responsible or trustee agencies with interest or
jurisdiction over the project: City of Ukiah Building Division, City of Ukiah Electric Utility
Department, City of Ukiah Police Department, City of Ukiah Department of Public Work s, Ukiah
Valley Fire Authority, and State Department of Social Services. The agencies’ comments are
included in Attachment 4 and recommended Conditions of Approval are contained in
Attachment 2.
STAFF ANALYSIS
General Plan and Zoning Consistency
Use. The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). Per UCC §9215, cannabis related businesses are allowed in the
Community Commercial zoning district with approval of a Major Use Permit. New construction
and exterior modifications are not proposed in the project. Findings required for approval of Use
Permits per UCC §9262(e) are included in Attachment 1 and subject to Conditions of Approval
contained within Attachment 2. In addition to the findings required in §9262 of this Code, the
Planning Commission shall consider additional criteria related to security and crime in determining
whether to grant or deny a Dispensary Use Permit (UCC §5710) which are also included as
Attachment 1.
In addition to required application submittal documents, permit procedures and operating
requirements, the ordinances above list siting restrictions for cannabis related businesses.
Specifically, cannabis related businesses cannot be located. The project is consistent with the
siting requirements of §9174.2, as it is not within the restricted distances to residences, schools,
youth-oriented facilities, or other cannabis related business (see Neighborhood Context Map
included as Sheet A0.2 of At tachment 3b). North Main Street, an intervening, non-residential
use, separates the Project Parcel from the residences across the street. The State Department
of Social Services Licensing Division staff confirmed that there are no licensed daycares within
250 ft of the project.
The applicant has submitted all required documents including a complete application, a Security
Plan (omitted from the attachments for security reasons), Standard Operating Procedures
(Attachment 3e), etc. in compliance with the aforementioned ordinances. In addition, the
Applicant has successfully completed the Live Scan background process through the Ukiah Police
Department. The project is consistent with all other requirements contained within the above
applicable ordinances for cannabis related businesses. In addition, the project is consistent with
the Ukiah City Code for development in the Community Commercial zoning district, with the
exception of number of on-site parking spaces, as summarized below.
Page 12 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
8
Setbacks. The project parcel has a two-story structure, placed at its current location in 2003,
fronted by both North State Street and Main Street. Per UCC §9085, multiple story buildings shall
have a five foot (5’) setback along both street frontages. For rear and side yards, no setback is
required. The existing building is set back approximately 100 ft from North State Street and 64 ft
from North Main Street; meeting the requirements of the UCC. The project does not propose
expansion of the existing building’s footprint.
Parking Variance. UCC 5710(Q) requires parking be provided at a rate of one space for every
250 gross sf of retail space, office space, and similar floor areas. However, UCC §9198(B)(1)
allows for one parking space for each 350 sf of leasable space for retail stores within the Parking
District #1, such as the Element 7 project. In addition, UCC §9198(G)(1) for industrial
(manufacturing) uses requires one parking space for each employee on the maximum shift, plus
required space for any office area, plus a minimum of two (2) spaces for customer parking, plus
one space for each vehicle operated from or on the site. Lastly, UCC §9198(F)(5) requires one
parking space for each 250 sf of health facility and spa space. Computation of parking spaces,
with fractional spaces, is rounded up to one space when the fraction is one half or greater. Bicycle
parking is not required in the C1 zoning district.
Based on these regulations, the project is required to provide nine (9) parking spaces. The project
proposes one (1) standard parking space, one (1) accessible space, and one (1) delivery parking
space on-site, for a total of three (3) parking spaces. The Applicant has requested a variance from
the parking requirements for a reduction of six (6) spaces.
UCC §7388 states,
“1. It is desirable to allow full development of many parcels within Parking District
#1 and to provide off-site parking; and
2. It is desirable in certain cases to allow variance from on-site parking
requirements in Parking District #1 or other parking districts established by City
Council.”
UCC §7388 grants the Planning Commission the authority to reduce the required parking, based
on one or more of the following grounds:
1. The refusal to allow a variance would make a proper use of the property
unfeasible;
2. Physical impossibility or unsuitability of the property to comply with on-site
parking requirement;
3. Proximity to an under utilized public parking lot which would reduce the need for
on-site parking;
4. Specific conditions exist which particularly affect the subject property as
opposed to other properties in the District similarly situated;
5. Specific conditions exist as to the type of business enterprise or use permitted
by the Commission and which may affect the need for on-site parking.
Page 13 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
9
The current on-site parking is located on the eastern side of the parcel, within the 30 feet between
the existing building and North Main Street. Two of the three on-site spaces are existing. The
proposed additional space has been located in the last available space in the parking lot on the
Main Street side of the parcel. These spaces will be secured by a locked gate, and will not be
immediately accessible by the public. Due to the size, natural features (Gibson Creek), and
exisitng development of the parcel (as described in the Bakground section above) there is not
sufficient space for additional on-site parking. However, additional parking spaces are
immediately available along both North State Street and North Main Street. Findings for this
variance request have been included to the Draft Findings in Attachment 1.
Height. Per UCC §9113, the maximum building height is 50 feet. The existing building is 26 feet
in height and the project does not propose a height increase.
Landscaping. UCC §9087(D)(1)(i) requires 20% of the gross area of the parcel to be landscaped.
The project parcel is ±8,205 square feet, and currently has ±3,848 square feet, or 48% lot
coverage of existing landscaping, consisting of trees, grasses, and ivy. The applicant proposes
no change to the current landscaping.
Signage. Per UCC §3227, allowed signage is calculated by one and one-half (1 1/2) square feet
of sign area for every ground level linear foot of parcel frontage. §5708(I)(4) allows a single sign
for Cannabis Retail establishments. §9174.2(B)(6)(b) allows for a single sign for other cannabis
related businesses. The project building has two frontages, along North State and North Main
Streets. Based on these methods of calculation, the applicant is allowed approximately 78 sf of
signage.The applicant has submitted preliminary sign information, contained within Attachement
3e, including plans for one 36 sf wall mounted sign, and one small hanging sign above the entry
way, approximately 10 sf. This total of 46 sf is well below the 78 sf maximum. City of Ukaih
standard Conditions of Approval requires the applicant to obtain a Sign Permit, in compliance with
all applicable sign regulations.
Based on the analysis above and Findings in Attachment 1, subject to the Conditions of Approval
in Attachment 2, Staff find that the Major Use Permit and parking variance may be granted.
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). The Applicant submitted an application to Mendocino County Planning
and Building Services for Determination of Compatibility with the Airport Comprehensive Land
Use Plan (ACLUP) on January 31, 2020. Section 1.4.4 of the Mendocino County Airport
Comprehensive Land Use Plan, “The Airport Land Use Commission must respond to a local
agency’s request for a consistency determination on a project within 60 days of referral. If the
Commission fails to make the determination within that time period, the proposed action shall be
deemed consistent with the Airport Land Use Compatibility Plan.”
No hearing of the Airport Land Use Commission was held within the 60 days. County of
Mendocino Planner III Keith Gronendyke, in his capacity as ALUC Secretary, deemed the project
Page 14 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
10
compatible with the ACLUP on March 31, 2020, and notified the Applicant of this determination
by email, included as Attachment 5.
ENVIRONMENTAL DOCUMENTATION
The proposed project is subject to the California Environmental Quality Act (CEQA). The project
qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19 §15301, Existing
Facilities, Class 1(a) which consists of the operations, repair, maintenance, or minor alteration of
existing public or private structures involving negligible or no expansion of use beyond that
existing at the time of the lead agency’s determination.
The project involves renovations to an existing 1,586 sf building historically used for office space
and residential. The project would require minor disturbance of the rear parking lot to install a
fence. The project is within an urban area surrounded by similar uses and adequately served by
public utilities. W ork would not occur near the creek and the project would not remove any healthy,
mature, scenic trees.
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 April 11, 2020
Posted on the Project site on April 2, 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 parcels on April 2, 2020
RECOMMENDATION
Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings
and conditionally approve a Major Use Permit with a variance from parking regulations, for the
project.
ATTACHMENTS
1. Draft Findings
2. Draft Conditions of Approval
3. Project Application Materials
a. Application
b. Site Plans
c. Odor Management and Control Plan
d. Signage Renderings
Page 15 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
11
e. Standard Operating Procedures
4. Agency Comments
5. County of Mendocino Determination of Consistency with Airport Comprehensive Land
Use Plan
Page 16 of 161
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
1
ATTACHMENT 1
DRAFT FINDINGS TO ADOPT A MAJOR USE PERMIT AND PARKING VARIANCE TO
ALLOW THE DEVELOPMENT OF A CANNABIS MANUFACTURING (NON-VOLATILE) AND
DISPENSARY/RETAIL OPERATION IN AN EXISTING BUILDING AT 441 NORTH STATE
STREET. APN 002-186-19; FILE NO. 19-4434.
Recommendation for the Approval of the Major Use Permit, Variance and Findings: The
Community Development Department’s recommendation for conditional approval of a Major Use
Permit and parking variance to allow a cannabis business to include: manufacturing, and
dispensary/retail in an existing building at 441 North State Street is based in part on the following
findings, in accordance with UCC Sections 9262, 5710 and 7388.
Major Use Permit Findings
1. The proposed land use is consistent with the provisions of the Ukiah City Code as well as
the goals and policies of the City General Plan.
The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1). The proposed project is consistent with the General Plan
goals and policies related to commercial and light manufacturing development. With
approval of the Use Permit and variance the project also complies with all requirements of
the C1 zoning district. In addition, the project is consistent with all UCC regulations for
cannabis related businesses.
2. The proposed land use is compatible with surrounding land uses and shall not be
detrimental to the public’s health, safety and general welfare
The proposed project would be similar in use, and intensity, as the surrounding area which
is developed with commercial/retail uses. The proposed project includes a comprehensive
Security Plan, Standard Operating Procedures and odor control measures to ensure that
the project will not be detrimental to the public’s health and safety. In addition, the project
has been reviewed by the following agencies to ensure compliance with the Ukiah City Code
and other codes and regulations relating to health and safety: Ukiah Valley Fire Authority,
City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah
Electric Utility Department, and City of Ukiah Building Division. Comments have been
included as Conditions of Approval, as appropriate.
In addition to the findings required in section 9262 of this Code, the Planning Commission shall
consider the following criteria in determining whether to grant or deny a Dispensary Use Permit.
3. That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act
of 1996, the AUMA, the MAUCRSA, and related State law, the provisions of this Chapter
and the City Code, including the application submittal and operating requirements herein.
The applicant has submitted the required information as a part of their application in
accordance with all City Codes and will be required to operate in compliance with all State
laws under a State License.
4. That the Dispensary location is not identified as having significant crime issues (e.g., based
upon crime reporting statistics as maintained by the Police Department).
Page 17 of 161
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
2
The Ukiah Police Department reported receiving 346 total calls in the 400 block of North
State Street and 300 block of North Main Street, within the period of 9/30/2018 through
9/30/2019. These calls account for 1% of the total number of calls for the City limits, and is
not considered to be significantly higher than other areas within the City.
Crime information related to operation of this specific project will be reviewed and analyzed
during the annual renewal process for the Use Permit.
5. That there have not been significant numbers of calls for police service, crimes or arrests in
the area or to an existing Dispensary location.
See Finding No. 4 above.
6. That an applicant or employee is not under twenty- one (21) years of age.
The applicant has demonstrated that they are over 21 years of age by provided a copy of
their driver’s license.
7. That all required application materials have been provided and/ or the Dispensary has
operated successfully in a manner that shows it would comply with the operating
requirements and standards specified in this chapter.
The project as proposed, would be in compliance with operating requirements contained
within the City Code and adopted related cannabis ordinances.
8. That all required application or annual renewal fees have been paid and reporting
requirements have been satisfied in a timely manner.
Application fees have been paid and the applicant will be required to pay renewal fees as a
Condition of Approval.
9. That the location is not prohibited by the provisions of this chapter or any local or State law,
statute, rule or regulation and no significant nuisance issues or problems are anticipated or
have resulted from dispensary operations.
The proposed project location meets all siting requirements contained within local and State
regulations. A Security Plan, Standard Operating Procedures and odor control measures
are included as a part of the project to ensure no significant issues will arise from the project.
The project has also been reviewed by the Ukiah Police Department, Ukiah Valley Fire
Authority, and other agencies to ensure public safety.
10. That the site plan, floor plan, and security plan have incorporated features necessary to
assist in reducing potential crime-related problems and as specified in the operating
requirements in section 5708 of this Code. These features may include, but are not limited
to, security on site; procedure for allowing entry: openness to surveillance and control of the
premises. the perimeter, and surrounding properties: reduction of opportunities for
congregating and obstructing public ways and neighboring property; illumination of exterior
areas; and limiting furnishings and features that encourage loitering and nuisance behavior.
The project includes a Security Plan with the features listed above such as lighting, alarms,
surveillance, perimeter fencing, etc.that has been reviewed and approved by the Police
Department. In addition, crime prevention-related Conditions of Approval have been
included from the Police Department.
Page 18 of 161
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
3
11. That no Dispensary use, owner, operator, permittee, agent, or employee has violated any
provision of this chapter including grounds for suspension, modification or revocation of a
permit.
N/A, the business is not yet operational. However, once operational, this criterion will be
reviewed as a part of the permit renewal process.
12. That all reasonable measures have been incorporated into the plan and/ or consistently
taken to successfully control the establishment's patrons' conduct resulting in disturbances,
vandalism, crowd control inside or outside the premises, traffic control problems, marijuana
use in public, or creation of a public or private nuisance, or interference with the operation
of another business.
See Finding Number 10.
13. That the dispensary would not adversely affect the health, peace or safety of persons living
or working in the surrounding area, overly burden a specific neighborhood with special
needs or high impact uses, or contribute to a public nuisance; or that the dispensary has
resulted in repeated nuisance activities including disturbances of the peace, illegal drug
activity, marijuana use in public, harassment of passersby, excessive littering, excessive
loitering, illegal parking, excessive loud noises, especially late at night or early in the morning
hours, lewd conduct, or police detentions or arrests.
The project site is surrounded by other commercial/retail uses. In addition, the project meets
all siting restrictions contained within local and State regulations to ensure compatibility with
surrounding uses. Proposed operating hours for the manufacturing and retail/dispensary
business would be Mon-Sun 9:00 a.m.- 9:00 p.m. for the retail/dispensary; Mon-Sun 8:00
a.m. – 8:00 p.m. for the manufacturing operation.
14. That any provision of the City Code or condition imposed by a City issued permit, or any
provision of any other local or State law, regulation, or order, or any condition imposed by
permits issued in compliance with those laws has not been violated.
N/A, the manufacturing and retail/dispensary business is not yet operational. However, once
operational, this criterion will be reviewed as a part of the permit renewal process.
15. That the applicant has not violated any local or State law, statute, rule or regulation
respecting the distribution, possession, or consumption of marijuana.
The applicant has successfully completed the Live Scan process through the Ukiah Police
Department, demonstrating that he has not violated any laws that would disqualify him from
operating the business.
16. That the applicant has not knowingly made a false statement of material fact or has
knowingly omitted to state a material fact in the application for a permit.
The applicant certifies that he has not knowingly made a false statement or omitted
information from his application.
17. That the applicant, his or her agent or employees, or any person who is exercising
managerial authority on behalf of the applicant has not been convicted of a felony, or of a
Page 19 of 161
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
4
misdemeanor involving moral turpitude, or has engaged in misconduct related to the
qualifications, functions or duties of a permittee.
See Finding Number 15. In addition, Live Scans will be required for all employees as a
Condition of Approval.
18. That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business
acts or practices.
The applicant certifies that he has not engaged in any unlawful, fraudulent or deceptive
business practices.
19. That adequate parking for medical cannabis dispensaries will be provided at a rate of one
space for every two hundred (200) gross square feet of retail space, office space, and similar
floor areas, pursuant to section 9198(F)(1) of this Code. Furthermore, that adequate parking
for Cannabis Retailers generally will be provided at a rate of one space for every two
hundred fifty (250) square feet of gross, leasable space, pursuant to section 9198(B)(1) of
this Code. However, if the dispensary to be operated by the applicant does not dispense
cannabis to patients or eligible Adult Use patrons on site but services qualified patients and
patrons through deliveries in compliance with Section 5717 of this Code, then adequate
parking will be provided at a rate of one space for every four hundred (400) square feet of
gross leasable space, pursuant to Section 9198(G)(3) of this Code.
The project proposes three parking spaces, including one ADA space and also a loading
zone for deliveries. The Applicant has requested a variance from the parking regulations,
based on findings listed below.
Variance Findings
The applicant requests a variance from UCC §5710(Q) and §9198(G)(1), requiring nine (9) on-site
parking spaces. The Applicant proposes three (3) on-site parking spaces, with additional parking
to be located along North State and North Main Streets. UCC §7388 authorizes the Planning
Commission to grant a parking variance for parcels within City-established parking districts, based
on the following findings:
20. The refusal to allow a variance would make a proper use of the property unfeasible.
The current on-site parking is located on the eastern side of the parcel, within the 30 feet
between the existing building and North Main Street. Two of the three on-site spaces are
existing. The proposed additional space has been located in the last available space in the
parking lot on the Main Street side of the parcel. These spaces will be secured by a locked
gate, and will not be immediately accessible by the public. Gibson Creek intersects the
parcel at the Northwest corner, and traverses the parcel in a southeasterly direction. A
floodway line parallels the creek on either side, across the entire parcel. An existing
accessible path to the project site begins at North State Street, proceeding west and
crossing Gibson Creek via an existing bridge. Due to the size, natural features, and existing
development of the parcel there is not sufficient space for additional on-site parking.
However, additional parking spaces are immediately available along both North State Street
and North Main Street. Without granting of a variance from the parking required by
Page 20 of 161
Draft Findings
Major Use Permit and Variance
Element 7 Manufacturing and Retail
File No.: 19-4434
5
§9198(G)(1), the Applicant will be unable to accommodate the retail clientele, and its
employees.
21. Physical impossibility or unsuitability of the property to comply with on-site parking
requirement.
See Finding No. 20. The project parcel is unable to comply with the on-site parking
requirement due to the size, natural features (Gibson Creek and flood plain areas), and
existing development on-site.
22. Proximity to an underutilized public parking lot which would reduce the need for on-site
parking.
Parallel parking is available along the entire lengths of both North State and North Main
Streets, in the vicinity of the project parcel. With a maximum of four employees present per
shift, and the short time length of an average retail client, the available parking spaces within
the immediate vicinity of the project parcel is sufficient for the needs of the project.
23. Specific conditions exist which particularly affect the subject property as opposed to other
properties in the District similarly situated.
Other neighboring parcels are limited by existing structures, however, the project parcel is
the only parcel in the area which is traversed by Gibson Creek, limiting the amount of
useable space.
Based on the above analysis, the findings required for the Major Use Permit and variance can be
made.
Notice of Public Hearing
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published in the Ukiah Daily Journal on December 28, 2019;
Posted on the Project site on December 27, 2019;
Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and
Mailed to property owners within 300 feet of the project parcels on December 27,
2019.
Page 21 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL OF A MAJOR USE PERMIT AND PARKING
VARIANCE TO ALLOW THE DEVELOPMENT OF A CANNABIS MANUFACTURING (NON-
VOLATILE) AND DISPENSARY/RETAIL OPERATION IN AN EXISTING BUILDING AT 441
NORTH STATE STREET.
The following Conditions of Approval shall be made a permanent part of the Major Use Permit,
shall remain in force regardless of property ownership, and shall be implemented in order for this
entitlement to remain valid.
Approved Project Description. An application was received from Robert Divito of Element 7 Ukiah,
LLC for approval of a Major Use Permit to allow the operation of a cannabis manufacturing (non-
volatile), and retail/dispensary facility. The project also includes a request for a variance from the
parking regulations.
Non-volatile manufacturing, consisting of packaging of adult use and medicinal cannabis
pre-rolls, 96 sf retail/dispensary space, and 90 sf complementary self -administered spa
treatments with non-cannabis infused products, within an existing 1,926 sf, two-story, 26
ft high building;
Three (3) on-site parking spaces (one standard, one ADA, and one delivery loading zone)
within a 1,800 sf parking lot; additional off-site parking along North State Street and North
Main Street is available;
Exterior building and parking lot lighting (down-shielded and dark sky compliant-see
lighting details on Attachment 3c);
Odor control features including polarized carbon filters, ozone generators, air curtains and
air quality enhancing plants (see Attachment 3b; Site Plans);
Signage including a 6’ x 4’ “Element 7” sign on the wall of the facility, and a small hanging
sign above the entry way, (See Attachment 3e, Site Plan and Elevations included in
Attachment 3B);
Existing landscaping to remain; new landscaping is not proposed with this project;
Security features such as surveillance cameras, alarms, card reader entry, etc.; a six-foot
wrought iron security fence around the site’s North Main Street perimeter, and along the
side lot lines to the top of bank of Gibson Creek closest to the building, with a locked
delivery gate on North Main Street, and pedestrian gate along North State Street frontage,
and on-site security guard.
20-30 retail deliveries per day and one weekly delivery of cannabis for manufacturing are
anticipated with use of one delivery vehicle;
Operations will be staffed with up to 12 employees; with no more than four per shift.
Operating hours for Element 7 Ukiah would be as follows:
Dispensary:
7:00 a.m. to 8:00 a.m. - Opening Procedures (no public access)
9:00 a.m. to 9:00 p.m. – Dispensary Operations
9:00 p.m. to 10:00 p.m. – Closing Procedures (no public access)
Manufacturing:
8:00 a.m. to 8:00 p.m. – Manufacturing Operations
Page 22 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
City of Ukiah Special Conditions
1. No cultivation shall occur on-site. If the applicant wishes to include it at a later date, the
applicant shall contact the Community Development Department to determine which
planning permits are required.
2. No consumption of cannabis or cannabis-related products shall occur on-site.
3. No special events are permitted on-site. If the applicant wishes to hold events, they must
contact the Community Development Department; additional permits or approvals may
be required.
4. Per Section 5704 of the UCC this Use Permit is valid for one-year. Dispensary Use
Permits may be renewed on an annual basis by the Zoning Administrator following the
procedure described in Section 5704 of the UCC. It is the Applicant’s responsibility to
apply for annual renewal 45 days prior to this permit expiring.
5. As outlined in Article 20, Administrational and Procedures, of the Zoning Code this
planning permit may be revoked through the City’s revocation process if the approved
project related to this permit is not being conducted in compliance with these stipulations
and conditions of approval; or if the project is not established within two years of the
effective date of this approval; or if the established use for which the permit was granted
has ceased or has been suspended for 24 consecutive months.
6. Prior to issuance of building permits and commencing operations, the applicant shall
submit proof of State licensure to operate the cannabis related business to the Community
Development Department.
7. Prior to issuance of building permits or commencing operations, the applicant and all
employees shall successfully complete a Live Scan background and provide proof of such
completion.
8. No persons will live on-site. If the applicant wishes to have a live-in manager in the future,
they shall consult with the Planning and Community Development Department and obtain
any necessary permits.
9. The business is required to obtain a City of Ukiah business license prior to occupancy.
10. Address signage for 320 North Main Street shall be removed from the building.
City of Ukiah Standard Conditions
11. This approval is not effective until the 10-day appeal period applicable to this Site
Development Permit has expired without the filing of a timely appeal. If a timely appeal is
filed, the project is subject to the outcome of the appeal and shall be revised as necessary
to comply with any modifications, conditions, or requirements that were imposed as part
of the appeal.
12. All Conditions of Approval shall be printed on all sets of building permit project plans
pertaining to any site preparation work or construction associated with the development
of the multi-family project and ancillary site improvements approved by the Site
Development Permit.
Page 23 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
13. All use, construction and the location thereof, or occupancy, shall conform to the
application and to any supporting documents submitted therewith, including any maps,
sketches, or plot plans accompanying the application or submitted by applicant in support
thereof.
14. Any construction shall comply with the "Standard Specifications" for such type of
construction now existing or which may hereafter be promulgated by the Engineering
Department of the City of Ukiah; except where higher standards are imposed by law, rule,
or regulation or by action of the Planning Commission such standards shall be met.
15. In addition to any particular condition which might be imposed; any construction shall
comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules,
regulations, and ordinances in effect at the time the Building Permit is approved and
issued.
16. Building permits shall be issued within two years after the effective date of the Site
Development Permit or same shall be null and void.
17. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter
7, Signs, of the UCC.
18. The Applicant shall submit verification of all applicable permits or approvals in compliance
with all local, state and federal laws to the Community Development Department prior to
issuance of building permits.
19. All fees associated with the project planning permits and approvals shall be paid in full
prior to occupancy.
20. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning
permit may be revoked through the City’s revocation process if the approved proje ct
related to this Permit is not being conducted in compliance with these stipulations and
conditions of approval; or if the project is not established within two years of the effective
date of this approval; or if the established use for which the permit was granted has ceased
or has been suspended for 24 consecutive months.
Department of Public Works Conditions
21. All work within the public right-of-way shall be performed by a licensed and properly
insured contractor. The contractor shall obtain an encroachment permit for work within this
area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of
estimated construction costs
22. All sidewalks and driveway aprons that front the parcel shall be ADA compliant.
Electric Utility Department Conditions
23. This property will be served from existing underground facilities and a 75kva 3-phase
Transformer that currently serves the building at 441 N. State Street. Should the project
need to upgrade to a larger panel or increase the electric load in the future, please contact
the Electric Utility Office.
Page 24 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
24. In the event that the existing Electric Main Service Panel’s need to be upgraded to a larger
size, applicant shall provide projected load calculations for their project to the Electric
Utility Department.
25. Developer is to provide EUSERC approved electrical equipment compatible with the City
of Ukiah’s EUSERC Acceptability Chart.
26. All future site improvements shall be submitted to the Electric Utility Department for review
and comment. At that time, specific service requirements, service Voltage and developer
costs and requirements will be determined.
27. Developer/customer shall incur all costs of this future project to include (labor, materials,
equipment, and future services).
Building Division Conditions
28. Tenant Improvements (TI) will require a building permit. Please submit building permit
application, four complete plans sets, two wet stamped and signed.
29. The design and construction of all site alterations shall comply with the 2016 California
Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical
Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California
Energy Efficiency Standards, 2016 California Green Building Standards Code and City of
Ukiah Ordinances and Amendments.
Ukiah Police Department Conditions
Prior to Building Permit Final and for the Duration of the Use:
30. The business permittee shall provide the Police Department with the current name and
primary and secondary telephone numbers of at least one 24-hour on-call manager to
address and resolve complaints and to respond to operating problems or concerns
associated with the business.
31. The business permittee shall provide the City with the current name and primary and
secondary telephone numbers of at least one manager to communicate with the
surrounding neighborhoods and businesses. The business shall make good f aith efforts
to encourage neighborhood residents to call this person to solve problems, if any, before
any calls or complaints are made to the City or Police Department.
32. The business permittee shall immediately report to the City Police Department all criminal
activity occurring on the business site.
33. The business permittee shall only manufacture cannabis in a fully enclosed building and
not allow cannabis or cannabis products on the manufacturing site to be visible from the
public right of way, the unsecured areas surrounding the building on the site, or the site’s
main entrance and lobby.
34. Video from the security surveillance cameras must be recording at all times (24 hours a
day, seven days a week) and the recording shall be maintained for at least 90 days. In the
event of a crime on site or anywhere within range of the dispensary’s security cameras,
the dispensary shall provide the Chief of Police with a useable digital copy of the security
video upon request or at the earliest convenience Duration of Use: Security system shall
be equipped with at least 24 hours of continued operation time in case of power failure.
Page 25 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
35. Electronic “point of sale” age verification system is required which scans and authenticates
ID, identifies fake ID’s, records dates and times of transactions, has the ability to create a
“banned patron” list.
36. A copy of all applicable state and local licenses or permits shall be submitted to the City
prior to issuance of permit and prior to operation. All applicable state and local licenses or
permits be displayed in the lobby or waiting area of the main entrance to the building.
37. All perimeter fencing and gates shall be constructed of decorative tubular steel, no climb
type. The six foot wrought iron fencing shall be constructed along the eastern top of bank
of Gibson Creek, and continuing along the side lot lines to and including the frontage along
North Main Street.
38. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen
persons before allowing entry.
39. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being
noted.
40. Report any graffiti to UPD @ 463-6262. After reporting, clean-up/paint over as soon as
possible. Spray on graffiti remover can be purchased at hardware supply stores.
41. Property shall be kept free of debris/garbage.
42. Applicant shall install a “Knox Box” to allow Police Department emergency access to the
interior and exterior areas of the property after hours.
43. Height markers shall be installed on the interior doorways and front door entrance.
44. Building shall be equipped with UL compliant security system including Video Assessment
Surveillance System (VASS), Intrusion Detection System with private security response
and emergency panic alarms. Security system must be monitored by UL listed monitoring
company and installed via a UL certified installer.
45. Any proposed revisions to the approved Security Plan shall be made in writing and subject
to approval.
46. An inspection shall be conducted by the Department in order to confirm compliance with
approved Security Plan prior to building permit final.
Ukiah Valley Fire Authority Conditions
47. All exit doors shall be equipped with lighted exit signage and emergency lighting with a
battery backup.
48. Main entry door must swing in direction of egress travel “out”.
49. Prior to issuance of building permits, the permit holder shall submit the Fire and Safety
Technical Report to the Fire Official for review and approval.
50. New and existing buildings shall have approved address numbers placed in a position to
be plainly legible from the street or road fronting the property, CFC 505.1. Address number
shall be placed on the South facing exterior and East facing wall at corner of main building.
Fire Marshal can verify with contractor.
51. Fire extinguishers shall be required. Fire Marshal can assist with location and number of
required extinguishers.
Page 26 of 161
Draft Conditions of Approval
Major Use Permit and Variance
Element 7 Manufacturing and Retail
441 North State Street
File No.: 19-4434
52. Fire sprinkler system shall be maintained and modified as necessary.
53. Carbon Monoxide cylinders must be secured and restricted from falling. Amount of
cylinders shall be verified and properly stored at all times. If stored in a closed room, room
must be vented and alarmed.
54. It is highly recommended that all exits be clearly marked. Means of egress shall be
illuminated when the building space is occupied, CFC 1008.2
55. Exit signs shall be internally or externally illuminated at all times; signs shall be connected
to an emergency power system that provides illumination for not less than 90 minute s in
case of primary power loss. CFC 1013.3 & 1013.6.3.
56. In the event of power supply failure, an emergency electrical system shall automatically
illuminate the means of egress. CFC 1008.3.
57. A “Knox Box” key security safe shall be required, and mounted on the exterior at a location
specified by the Fire Marshal.
58. Emergency contact information shall also be provided to the Fire Department.
Page 27 of 161
Planning Permit Application
PROJECT NAME:
PROJECT ADDRESS/CROSS STREETS: AP NUMBER(S):
APPLICANT/AUTHORIZED AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
APPLICANT/AUTHORIZED AGENT ADDRESS: CITY: STATE/ZIP:
PROPERTY OWNER IF OTHER THAN APPLICANT/AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT CITY: STATE/ZIP:
HAS YOUR PROJECT RECEIVED A PRELIMINARY REVIEW? YES NO
□AIRPORT LAND USE COMM.
DETERMINATION 100.0800.611.003
$ □REZONING
100.0800.611.001
$ □USE PERMIT – AMENDMENT
100.0400.449.001
$
□ANNEXATION
100.0800.611.001
$ □REZONING – PLANNED DISTRICT
100.0800.611.001
$ □USE PERMIT – MAJOR
100.0400.449.001
$
□ APPEAL
100.0400.449.001
$ □SITE DEVELOPMENT PERMIT –
AMENDMENT 100.0400.449.001
$ □USE PERMIT – MINOR
100.0400.449.001
$
□BOUNDARY LINE ADJUSTMENT
100.0800.610.001
$ □SITE DEVELOPMENT PERMIT –
MAJOR 100.0400.449.001
$ □VARIANCE – MAJOR
100.0400.449.001
$
□GENERAL PLAN AMENDMENT
100.0800.611.001
$ □SITE DEVELOPMENT PERMIT –
MINOR 100.0400.449.001
$ □VARIANCE – MINOR
100.0400.449.001
$
□MURAL PERMIT
100.0400.449.001
$ □SPECIFIC/MASTER PLAN
100.0800.611.003
$ □ZONING AMENDMENT – MAP
100.0800.611.001
$
□PRELIMINARY REVIEW (PC)
100.0800.611.003
$ □SUBDIVISION EXCEPTION
100.0800.610.001
$ □ZONING AMENDMENT– TEXT
100.0800.611.001
$
□PRELIMINARY REVIEW (PRC)
100.0800.611.003
$ □ TENTATIVE PARCEL MAP (4 OR
FEWER LOTS) 100.0800.610.001
$ □OTHER $
□PRELIMINARY REVIEW (STAFF)
100.0800.611.003
$ TENTATIVE SUBDIVISION MAP
(5 OR MORE LOTS) 100.0800.610.001
$ □OTHER $
COUNTY CEQA FILING FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MAJOR PERMIT DEPOSIT: $ FILING DATE:
COUNTY CEQA (NEG DEC) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ MINOR PERMIT FEE: $ TOTAL AMOUNT PAID: $
COUNTY CEQA (EIR) FEE:
CHECK PAYABLE TO MENDOCINO CO.
$ TOTAL FEE: $ RECEIPT NUMBER:
APPLICATION NUMBER(S):
Recommendation: Prior to submitting an application, discuss your project with Staff to discover what fees
(sewer, water, in-lieu park fees, traffic impact fees, etc.) may be required for your project. Also, ask about street tree
requirements, required sidewalk repairs, drainage issues, storm water mitigation requirements, frontage
improvements, etc.
Planning & Community Development Department
300 Seminary Avenue
Ukiah, CA 95482
Email: planning@cityofukiah.com
Web: www.cityofukiah.com
Phone: (707) 463 -6203
Fax: (707) 463-6204
441 NORTH STATE STREET, UKIAH, CA 95482
ELEMENT 7 UKIAH
ELEMENT 7 UKIAH, LLC (424) 285-0088 ROBERT@ELEMENT7.CO
8033 SUNSET BLVD #987 HOLLYWOOD CALIFORNIA 90046
002-186-19-00
Attachment 3a
Page 28 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
28,276 Sq. Ft.1,872 Sq. Ft.
Manufacturing/Pre-roll equipment
Goods & Supplies
3 Sunday - Saturday (8am-1pm; 12pm-4pm; 3pm-5pm)
RETAIL (Sunday - Saturday; 9am - 9pm); MANUFACTURING (Sunday - Saturday; 8am - 8pm)
RETAIL - 5 EMPLOYEES PER SHIFT; MANUFACTURING - 5 EMPLOYEES PER SHIFT
20-30 per day 8am - 1pm
1,872 288 800
Retail
Nonvolatile Manufacturing
1,872 2
21,872
Page 29 of 161
I,______________________________________________ , owner authorize _____________________________
to act on my behalf for this project and I have read and agree with all of the above. (Application must be signed by
owner).
PROPERTY OWNER SIGNATURE DATE
I, _______________________________________________, am the owner / authorized agent of the property
for which the development is proposed. The above information and attached documents are true and accurate to the
best of my knowledge.
I have read and agree with all of the above.
I hereby authorize employees of the City of Ukiah, the City’s authorized agents, and persons with review or decision
making authority for the project to enter upon the subject property, as necessary, to inspect the premises, post
notices, and process this application.
I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to
fully understand the conditions and ask questions about them before action is taken on my planning permit.
OWNER / AUTHORIZED AGENT DATE
INDEMNIFICATION AGREEMENT
As part of this application, the applicant agrees to defend, indemnify, and hold harmless the City of Ukiah, its agents,
officers, council members, employees, boards, commissions or Council from any claim, action or proceeding brought
against any of the foregoing n individuals or entities, the purpose of which is to attack, set aside, void, or annul any
approval of the application or related decision, or the adoption or certification of any environmental documents or
negative declaration which relates to its approval. This indemnification shall include, but is not limited to, all
damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising
out of it or in connection with the approval of the application or related decision, whether or not there is concurrent,
passive, or active negligence on the part of the City, its agents, officers, council members, employees, boards,
commissions of Council. If for any reason, any portion of this indemnification agreement is held to be void or
unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and
effect.
The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or
outside counsel. The applicant shall not be required to reimburse the City for attorney’s fees incurred by the City
Attorney of the City’s outside counsel if the City chooses to appear and defend itself in the litigation.
I have read and agree to all of the above.
PROPERTY OWNER / AUTHORIZED AGENT
(PLEASE PRINT NAME)
PROPERTY OWNER / AUTHORIZED AGENT DATE
(SIGNATURE)
Revised 02/09/2016
3/26/2019
ROBERT MARTIN DIVITO JR, CEO OF ELEMENT 7 UKIAH, LLC
3/26/2019
ROBERT MARTIN DIVITO JR
ROBERT MARTIN DIVITO JR
3/26/2019
AMBER NORWOOD
Page 30 of 161
A00COVER SHEETVICINITY MAP SATELLITE VIEW
PROPERTY INFORMATION
GOVERNING CODE
SCOPE OF WORKCODE ANALYSIS
SHEET INDEX
APN / PARCEL ID:002-186-19-0
#STORIES: 2
EXISTING PROPERTY TYPE: B - OCCUPANCY
PROFESSIONAL OFFICE
CLASS - C TYPE
CONSTRUCTION TYPE: V-B (WOOD)
NO FIRE SPRINKLERS
ZONE: C1
441 N. Street, Ukiah, CA 95482
PROPOSED PROPERTY DEVELOPMENT
ELEMENT 7 UKIAH LLC
UNITS: ONE FREESTANDING
BUILDING
EXISTING TOTAL BUILDING RENTAL AREA: 1,872 SQ. FT.
YEAR BUILT: 2003
LOT SIZE: 8,276 SQ. FT. (0.19 ACRES)
LOT COVERAGE: 996 / 8,276 = 12 %
ARCHITECTURAL
*A00 COVER SHEET
*A02
EXISTING & PROPOSED SITE PLAN
EXISTING & PROPOSED FLOOR PLANS
*A01
PROJECT
LOCATION PROJECT
LOCATION
This project shall comply with the followings including local amendments:
2016 California Building Code (CBC)
2016 California Mechanical Code (CMC)
2016 California Plumbing Code (CPC)
2016 California Electrical Code (CEC)
2016 California Green Building Standards Code (CGBS)
2016 California Energy Code
2016 California Fire Code (CFC)
2016 California Existing Building Code
The City Code w/ Local Amendments (Latest Edition)
EXISTING 1ST FLOOR W/ FRONT PORCH AREA: 996 SQ. FT.
PROPOSED MIXED OCCUPANCY
W/ NO FIRE SEPARATION:USE GROUP-M, MERCANTILE RETAIL
(MEDICAL MARIJUANA DISPENSARY)
2ND FLOOR PACKAGING
USE GROUP F-1 MODERATE HAZARD
OCCUPANT LOAD FACTOR
REQUIRED & PROPOSED
GRADE FLOOR:60 SQ. FT. GROSS PER PERSON
300 SQ. FT. GROSS PER PERSON FOR
STORAGE, STOCK, SHIPPING
101
STATE ST.PERKINS
S
T
.MAIN ST.CLARA AVE.
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO. DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLEN
EXISTING PROPERTY CONDITION:
*A03 EXISTING & PROPOSED CEILING &
SECURITY PLANS
CHANGING INTERIOR LAYOUT OF AN EXISTING
2-STORY BUILDING TO ACCOMMODATE A NEW
RETAIL OCCUPANCY OF MEDICAL MARIJUANA
DISPENSARY INCLUDING PACKING
09/12/19
Attachment 3b
Page 31 of 161
EXISTING ACCESSIBLE PARKING
SPACE W/ INTERNATIONAL SYMBOL
OF ACCESSIBILITY AND ACCESS AISLE
GI
B
S
O
N
C
R
E
E
K
E
X
I
S
T
I
N
G
B
R
I
D
G
E
W
/
W
O
O
D
D
E
C
K
&
G
U
A
R
D
R
A
I
L
S
O
N
B
O
T
H
S
I
D
E
S
EXISTING
DRIVEWAY
EXISTING
PARKING
SPACES
E
X
I
S
T
I
N
G
A
C
C
E
S
S
I
B
L
E
P
A
T
H
O
F
T
R
A
V
E
L
O
N
5'-
0
"
W
I
D
E
C
O
N
C
R
E
T
E
W
A
L
K
&
W
O
O
D
D
E
C
K
EXISTING CONDENSING UNIT
EXISTING
PARKING
LOT
EXISTING LANDSCAPING (TOTAL AREA 3,848 SQ. FT.)
EXISTING SHRUB
PROVIDE A NEW
VAN ACCESSIBLE
PARKING SIGN
EXISTING
HARDSCAPE
EXISTING WOOD
DECK W/ CURBS
ON BOTH SIDES
EXISTING ACCESSIBLE PATH
OF TRAVEL FROM PARKING ON
4'-0" WIDE CONCRETE WALKPATIENTENTRANCE EMPLOYEEENTRANCE30'-5" APPROX.11'-0" APPROX.8'-0"TOTAL BLDG. AREA
1,872 SQ. FT.
EXISTING
STAIRS W/
GUARDRAIL
EXISTING WOOD FENCE TO BE REMOVED
NOT IN SCOPE
NEW
MOTION
SENSOR
(4 CORNERS)NOTE #4NOTE #2
NEW LOADING ZONE
PLAN NOTES:
THE FOLLOWING NOTES ARE PER APPROVED SECURITY PLAN DATED 7-31-19
BY THE CITY OF UKIAH. ALSO, MORE INFORMATION IS ADDED;
1. PROVIDE 6'-0" HIGH BLACK WROUGHT IRON FENCING AROUND THE
PROPERTY LINES WITH ELECTRONIC CONTROLLED SECURITY GATES AT
DRIVEWAY FACING MAIN STREET AND LOOP AROUND BEFORE CREEK W/
MAN DOOR FACING STATE STREET. SECURITY GATES TO REMAIN LOCKED
DURING LOADING/UNLOADING OF CANNABIS AND CANNABIS GOODS.
2. NEW SECURITY FLOOD LIGHT AT 4 BUILDING CORNERS; EXTERIOR GRADE
FLOOD LED LIGHT, LITHONIA MODEL, CONTOUR SERIES, OUTDOOR TFL
APPROX. 10'-0" AFF @ 45-DEGREE ANGLE
3. SEE SHEET A03 FOR ADDITIONAL EXTERIOR BUILDING LIGHTING.
4. PROVIDE NEW WALL SIGNS FACING MAIN AND STATE STREETS.
(DEFERRED SUBMITTAL).
5. CANNABIS TRASH IS LOCATED INSIDE THE BUILDING IN SECURED AREA.
X X X X X X X X X X
XXXXXXXXX XXXNOTE #1
NOTE #1
NOTE #1
NOTE #1
NOTE #1NOTE #4NOTE #5
XXXXX X X
NEW FENCE LIMIT PER NOTE#1
EXISTING WOOD FENCE TO RMAIN
NEW FENCE LIMIT PER NOTE#1 NEW FENCE LIMIT PER NOTE#1A01EXISTING & PROPOSEDSITE PLANN
12/04/19
1/16"=1'-0"
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO. DATEPROJECTProposed Property Development11/05/19LICENSEAPPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLESHEET SIZE 11X1711/25/1912/04/19This page was updated on 1/6/2020.
Page 32 of 161
A02
09/12/19EXISTING & PROPOSEDFLOOR PLANS1/8"=1'-0"
N
SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO.DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLEUNISEX
TOILET
EXISTING 1ST FLOOR PLAN
EXISTING 2ND FLOOR PLAN
DN
UP
UP
UNISEX
TOILET
1ST FLOOR HVAC
FAU ZONE 1
WATER HEATER
STRUCTURAL WALLS
ATTIC LADDER
TO 2ND FLOOR
HVAC FAU ZONE 2
UNISEX
TOILET
PROPOSED 1ST FLOOR PLAN
PROPOSED 2ND FLOOR PLAN
DN
UP
EXISTING 1ST FLOOR
HVAC FAU ZONE 1
UP
EXISTING
UNISEX
TOILET
EXISTING WATER HEATER
EXISTING ATTIC LADDER
TO 2ND FLOOR HVAC
FAU ZONE 2
HOLISTIC
RETREATSECURITY
POS
34"
HIGH STORAGE
PATIENT
ENTRY
EMPLOYEEENTRYOFFICE
EXISTING
BREAK RM
VAULT
PACKING
DISPATCH
SAFE
D126'-0"36'-0"26'-0"D2
D5
D6
D7
D3
D4
STOR.
EXISTING FULLY ACCESSIBLE TOILET
E7
LEARNING
CENTEREXISTING
COVERED
PORCH
10'-0"EXISTING
GUARDRAIL
6'-0"
HALL
RECEPTION
RETAIL
9'x10'
13'-9"x10'14'x10'
LEGEND:
D1
NEW 2X4 STUD WALL 16" O.C. W/ 5/8" GYPSUM
& ACCESSIBLE SOLID WOOD DOOR / FRAME /
LEVER HARDWARE / CLOSER
ACCESSIBLE PATH OF TRAVEL TO EXIT
FROM THE MOST REMOTE POINT
EXISTING WALL & DOOR
EXISTING 2X4 STUD STRUCTURAL WALL
EXISTING WINDOW W/
DUAL GLAZING (TYPICAL)
14'-1 1/2"9'-11 1/2"13'-9 1/2"9'-11 1/2"10'-7 1/2"3'-6"3'-7"7'-1"
19'-9 1/2"8'-1"6'-3 1/2"6'-2"9'-7"
36'-0"
14'-0 1/2"14'-4 1/2"6'-7"
7'-11"7'-2"5'-0"4'-8 1/2"12'-3 1/2"12'-3 1/2"5'-8 1/4"6'-9"
28'-3 1/2"
9'-0"
8'-9"6'-10 1/2"3'-7"4'-0"4'-0"
5'-0"
Page 33 of 161
A03EXISTING & PROPOSEDCEILING & SECURITY PLANSN SHEET NO.
DATE
PROJECT NO.
SCALEREVISION / ISSUENO.DATEPROJECTProposed Property Development09/12/19LICENSE APPLICATIONRESUBMITTAL441 N. State St., Ukiah, CA 95482SHEETTITLE09/12/19
1/8"=1'-0"
UNISEX
TOILET
EXISTING & PROPOSED
1ST FLOOR CEILING PLAN
EXISTING & PROPOSED
2ND FLOOR CEILING PLAN
EXISTING 1ST FLOOR
HVAC FAU ZONE 1
UNISEX
TOILET
HOLISTIC
RETREAT
SECURITY
POS
STORAGE
OFFICE
VAULT
PACKING
DISPATCH
STOR.
+7'-8"
+7'-8"+9'-0"
+7'-8"+9'-0"
STAIRWELL
+9'-0"
+9'-0"
+9'-0"
+7'-8"
NEW 1'x4' LED LIGHT
FIXTURE (TYPICAL)
EXISTING LIGHT
FIXTURE (TYPICAL)
+9'-0"
BREAK RM.
EXISTING EXHAUST FAN
EXISTING EXHAUST FAN
EXISTING EXTERIOR
LIGHT FIXTURE
(TYPICAL)
EXISTING SUPPLY
AIR DIFFUSER
(TYPICAL)EXITILLUMINATED
EXIT SIGN
(TYPICAL)
SUPPLY AIR WALL
DIFFUSER (TYPICAL)
UNISEX
TOILET
PROPOSED 1ST FLOOR
SECURITY CAMERA PLAN
UNISEX
TOILET
HOLISTIC
RETREAT
SECURITY
POS
STORAGE
OFFICE
VAULT
PACKING
DISPATCH
STOR.
STAIRWELL
BREAK RM.
PROPOSED 2ND FLOOR
SECURITY CAMERA PLAN
RECEPTION
HALL
RETURN
AIR WALL
DIFFUSER
(TYPICAL)
CEILING
HEIGHT
(TYPICAL)
NEW SECURITY
CAMERA (TYPICAL)
+8'-0"+8'-0"
+8'-0"
+8'-0"
NEW EXTERIOR SECURITY
CAMERA (TYPICAL)EXITEXITEXIT EXIT+8'-0"
NEW RECESSED
LED DOWNLIGHT
Page 34 of 161
COMMERCI AL CANNABI S
L I C E NS E A P P L I C A T I O N
CITY OF UKIAH
CANNABIS DISPENSARY &
MANUFACTURING M-TYPE (MEDICAL) AND
A-TYPE (ADULT-USE) LICENSES
ELEMENT 7 UKIAH LLC
www.element7.co
WWW.ELEMENT7.CO
Attachment 3c
Page 35 of 161
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
ODOR MANAGEMENT AND CONTROL PLAN
Introduction
We will take active measures to eliminate any cannabis odor that may potentially
emanate from the Facility to mitigate disturbances to local businesses and residents.
There are several industry best-practices that we will install into our Facility to ensure
that the air poses zero health risks to any employee or customer, or the surrounding
businesses.
POLICY NAME AIR MITIGATION / ODOR CONTROL POLICY
APPLICABLE LAW
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE
To ensure that the Element 7 facility remains in compliance with
the City of Ukiah rules and regulations, as it relates to preventing
odors generated from cannabis or cannabis products being
detected from outside of the facility.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES
Air Mitigation / Odor Control Policy
- Polarized Filters with Activated Carbon Inserts
- Carbon Scrubbers
- Ozone Generators
- Electrostatic Air Cleaners
Page 36 of 161
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
SOP PROCEDURES
(CONTINUED)
- MERV-13 Filters
- Air Curtains
- Circulation Fans
- Air Quality Enhancing Plants
- Ecosorb CNB100
- Odor Management Services
- Summary
Polarized Filters with Activated Carbon Inserts
We will be using polarized media filters with activated carbon insert pads to provide
a medical-grade air quality to the Facility. Polarized media filters utilize
electromagnetic polarization to maximize the collection of dust and pollutants in the
air, which increases the effectiveness of air filtration and odor control. The carbon
pads provide an additional layer of odor removal, providing maximum efficiency
and benefit. Upgrading filters are relatively inexpensive, and the costs are heavily
offset by the reduced labor and cost of replacing those filters less frequently. These
technologies are utilized by hospitals, laboratories and other clean facilities around
the world and are an excellent option for cannabis facilities.
Carbon Scrubbers
We will use activated carbon scrubbers in the storage rooms where the highest
concentration of products is located. These types of filters use pelletized granule
carbon to remove odor, dust, and pollutants from the air and can be used as a
standing unit in a space or as an exhaust filter. Just like the carbon in the air filters
mentioned previously, these pellets remove dust, odor, and other pollutants through
the air as it passes through the filter.
Ozone Generators
Ozone generators use ultraviolet bulbs or corona discharge (an electrical discharge)
to produce ozone gas that works on a molecular level to eliminate virtually all odor,
molds, mildews and bacteria – we will use these in the waste area and storage
room. Ozone can be used safely and efficiently by utilizing generators that fit directly
into your exhaust lines. This is one of the most effective methods for removing odors
in the exhaust system.
Any air that is emitted from the dispensary is dual-filtered through HEPA and
charcoal filters to ensure clean, odor-free air.
Strict cleaning and sanitizing procedures are part of the standard operating
procedures for all operations in the Dispensary Facility. Product-contact surfaces will
be cleaned before and after operations and between shift changes. Additionally,
surfaces are cleaned after contact with potentially hazardous items. Employees
must wash their hands with warm water and antibacterial soap after eating or using
the restroom before returning to operational areas.
Operational areas will be easy to clean and maintain by using appropriate, durable
finishes for each functional space; careful detailing of finishes to avoid hard-to-clean
crevices; adequate and appropriately located maintenance spaces; and
incorporation of antimicrobial surfaces.
Page 37 of 161
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
Electrostatic Air Cleaners
Electrostatic air cleaners (sometimes known as electrostatic precipitators) are highly
efficient filtration devices that use electrostatic attraction to remove fine particulate
matter such as dust and cigarette smoke from the air.
Electrostatic air cleaners ionize (or electrically charge) particles as incoming air is
drawn over an electronic cell. The charged particles are then attracted to and
trapped by a series of flat collector plates that are oppositely charged, with the
particles literally 'sticking' to the collection plates until they are manually removed.
MERV-13 Filters
The true measure of any air purifier’s efficiency is the MERV rating assigned to it. This
is the Minimum Efficiency Reporting Value, and this value is indicative of the
technology’s ability to trap particles in a variety of sizes.
Element 7 will use MERV-13 Filters. Anything above a 13 MERV Rating is considered to
be a High-Efficiency Particulate Arrestance (HEPA) Filter, often used for hospitals and
scientific research lab applications.
A filter with a MERV rating of 13 captures particles greater than 0.3 micrometers. This
includes bacteria, droplets from sneezing, smoke, and most other sources of
pollution. This level of filtration is used in patient and surgery areas of hospitals.
Air Curtains
An air curtain, also known as an 'air door', employs a controlled stream of air aimed
across an opening to create an air seal. This seal separates different environments
while allowing a smooth, uninterrupted flow of traffic and unobstructed vision
through the opening. Because air curtains help to contain heated or conditioned
air, they provide sizable energy savings and increased personal comfort when
applied in industrial or commercial settings. Air curtains also help to stop the
infiltration of pollutants and flying insects.
Air Curtains are used for a number of functions by Element 7:
Page 38 of 161
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
● Energy efficiencies through control of air transfer
● Energy efficiencies due to shorter run times of air handler or compressor
● Maintain employee/customer comfort
● Reduce flying insect infiltration
● Unhindered traffic flow
● Unobstructed visibility across the threshold
● Increase productivity due to stable temperatures
● Maintain usable space around the door
● Elimination of ice and fog in cold storage areas
Circulation Fans
Air circulators and air cannons move air indoor and outdoors for a variety of tasks,
such as cooling workers, animals, and equipment, drying surfaces, and exchanging
stale air with fresh air. They have a motor-operated fan blade that turns to move air.
Air circulator fans and air cannons can be wall mounted, ceiling mounted, or floor
standing.
Air Quality Enhancing Plants
NASA has been studying the effects of plants on air quality for about twenty-years
and their research confirms: common houseplants are natural air purifiers.
While the original research was aimed at finding ways to purify the air for extended
stays in orbiting space stations, the findings are important for us on Earth as well. The
following plants are documented as being especially good at improving indoor air
quality and will be used within the interior design of Element 7's facilities:
● Aloe Vera
● Bamboo Palm
● Peace Lily
● Spider Plant
● Parlor Palm
● Red Emerald Philodendron
● Gerbera Daisy
Ecosorb CNB100
Element 7 will use Ecosorb CNB100, a proprietary formulation of several essential oils
and food grade surfactants used as an alternative in many applications to the
traditional forms of odor control. It is most often applied via atomization where it
attracts whatever is in the atmosphere, removing odors quickly. In the cannabis
industry, Ecosorb CNB100 will remove all cannabinoids, terpenes and sesquiterpenes.
Ecosorb products do not contain harsh chemicals or synthetic fragrances. They are
safe for use around people and animals. The distribution of Ecosorb requires no
added water, thanks to advanced Vapor Phase technology.
Odor Management Services
Element 7 will retain the services of a 3rd party pest and odor management
professional. This professional will perform inspections to identify sanitation, structural,
and storage efficiency options and make recommendations to Element 7 for any
adjustments or improvements.
Page 39 of 161
ELEMENT 7: ODOR MANAGEMENT AND CONTROL PLAN
Summary
Early planning is the key to effective odor control for cannabis operations. Element 7
will use a matrix approach to controlling odor - leveraging both mechanical means
to control odors, as well as filters, scrubbers, plant-based solutions, air curtains, food
grade surfactants and professional third-party consultants.
Page 40 of 161
PROJECT DESCRIPTION
LIST OF USES – LICENSE APPLICATION TYPES
A detailed description, along with Standard Operating Procedures for each license
type that Element 7 is applying for precedes this section. Element 7 is applying for
the following Licenses from the City of Ukiah:
• A-Type 10 – Retail (Storefront with Delivery)
• M-Type 10 – Retail (Storefront with Delivery)
• A-Type 6 – Manufacturer (Nonvolatile)
• M-Type 6 – Manufacturer (Nonvolatile)
*At the time of our initial application submittal, the City only offered Medical Use
Licenses which is why our materials focus on “patient” and “primary caregiver”
language. We have now been informed that the City will now allow Adult-Use, as
such we intend to a pursue both Medical and Adult-Use license types in the City of
Ukiah.
Page 41 of 161
ELEMENT 7: ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES
ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES
This Document and all Standard Operating Procedures adopted by Element 7 Ukiah
LLC will conform to the following pieces of legislation, policy and other directives:
• MAUCRSA – Medical Cannabis Regulation and Safety Act (June 27, 2017): This
Act (also known as Senate Bill 94) creates the general framework for the
regulation of commercial medicinal cannabis in California. Dr. An-Chi Tsou on
our team is one of the principal policy makers on this document.
• State of California Regulations (January 2019): The Office of Administrative Law
(OAL) officially approved state regulations for cannabis businesses across the
supply chain. Drafted by the Bureau of Cannabis Control (BCC), these final
regulations provide the formal law for the governance and management of
cannabis operations in the State of California.
• Ukiah City Code
• Any directives and issuances from California's three cannabis governing
bodies - Bureau of Cannabis Control (BCC), Department of Food & Agriculture
(CDFA) and California Department of Public Health, including:
Bureau of Cannabis Control Guidance
o BCC Disciplinary Guidelines
o Transportation Procedures (Form BCC-LIC-015)
o Non-Laboratory Quality Control Procedures (Form BCC-LIC-017)
o Security Procedures (Form BCC-LIC-018)
o Delivery Procedures (Form BCC-LIC-020)
o Sampling Procedures (Form BCC-LIC-021)
o Sampling Preparation Procedures (Form BCC-LIC-022)
o Data Package Cover Page and Checklist (Form BCC-LIC-024)
o CEQA Exemption Petition (Form BCC-LIC-025)
o CEQA Project-Specific Information (Form BCC-LIC-026)
o Bureau Notification and Request (Form BCC-LIC-027)
o Poison Prevention Packaging Act of 1970 Regulations (Revised July, 1995)
California Department of Food and Agriculture Approved Regulations
o Final Approved Regulation Text (January 16, 2019)
California Department of Health Approved Regulations
o Approved CDPH Regulations for Cannabis
Page 42 of 161
Attachment 3d
Page 43 of 161
COMMERCI AL CANNABI S
L I C E NS E A P P L I C A T I O N
CITY OF UKIAH
CANNABIS DISPENSARY &
MANUFACTURING M-TYPE (MEDICAL) AND
A-TYPE (ADULT-USE) LICENSES
ELEMENT 7 UKIAH LLC
www.element7.co
WWW.ELEMENT7.CO
Attachment 3e
Page 44 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
DISPENSARY OPERATING PLAN
Introduction
Element 7 is seeking approval to operate a Medical and Adult-Use Cannabis
Dispensary (with Delivery) in Ukiah that will service approximately 100 patients and
customers a day.
We Deliver a Unique and Fresh Retail Concept
Element 7 is holistic wellness. Cannabis consumers are looking for a more holistic
healing, health, and wellness brand that focuses on the body, mind, soul, and spirit.
When a patron enters the facility, they will be held in the E7 Learning Center and
Reception Area which has a security door controlling entry into the Retail area.
Once a patron has been checked-in, he/she will be allowed entrance into the Retail
Area in which they will be met by an Element 7 Budtender who will assist the patron
throughout their time in the Retail area. The facility will be constructed using state-of-
the-art commercial-grade doors with interior access controls, surveillance cameras,
and alarms exceeding the requirements imposed by the State Departments. All
entrances into the facility will always be locked, with entry controlled by the facility’s
security team.
The Element 7 brand aims to provide quality at an affordable price, allowing
customers an immersive retail experience in a secure, relaxed, enjoyable and
aesthetically pleasing environment. The focus of our dispensary is our E7 Learning
Zone which is a 200 sq. ft dedicated space focused on first-time patients/customers
Page 45 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
(pictured below). This is where they can engage with dedicated Element 7 staff that
will walk these customers through their first purchasing experience using touch-
screen technology and interactive learning videos that describe and demonstrate
cannabis.
Our Holistic Retreat offers micro-treatments designed for busy working professionals
who are time poor and who could truly benefit from any of our 5 to 7-minute
therapies and mini-treatments infused with plant-based ingredients (non-cannabis
infused). These treatments will be delivered by qualified holistic wellness and
therapeutic professionals and are quick and cost-effective.
Our BudTenders and BudMasters are among the highest trained and most skilled in
the industry. Staff will undergo at least 80-hours of classroom-based training before
working within our retail outlet - that's five times the industry average (BDS Analytics
reports that most retail staff in the industry receive up to 16 hours of training). Our
BudMasters have over 200 hours of classroom-based training behind them, and
hundreds more working on our retail floor.
Element 7's Flower Product Wall is like none other than we have seen in dispensaries
in North America. We have created an interactive wall of cannabis flower with
products segmented into their types (sativa, indica, and hybrid) so that consumers
can easily search for and purchase cannabis products based on the emotional
need-state they are looking to satisfy - playfulness and euphoria with sativa strains;
serenity, relaxation, and calming with indica strains; and, socialism and creativity
with hybrid strains.
Page 46 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
Dispensary Operations
All patients will require a State ID to enter the Facility and must be 18 years of age
and have a valid physician’s recommendation for medicinal cannabis, and
individuals who are at least 21 years of age. Once inside, new customers will be
required to register with the Facility and be offered the opportunity to join our
Mailing List for further information and news. They will also be educated through the
sign-up process on the potency and effects of cannabis.
Once inside the Dispensary, a range of shopping options from quick-serve grab-and-
go, through to customized shopping guidance will be available. A range of
products including flower, oils, edibles, topicals and lotions, and other products, all
from State-Licensed Distributors will be available. We would look to price and push
locally manufactured products over those from other Cities / Operators as this is
good for business and good for the City from a tax perspective.
Customers will be able to order in-store or through our APP or Responsive Website
(which adapts itself to the customer viewing environment – phone, tablet or desktop
computer) – first time users will be ID verified and then required to run through a 3-
screen educational component educating them on cannabis potency, absorption
and effects. They will then have the option of selecting a range of cannabis
products and being able to use our ‘pick-and-go’ service at the Retail Outlet which
streamlines the purchase journey with the retail outlet.
Management Model
Element 7's operations plan is rooted in compliance and customer satisfaction. Led
by the Dispensary Manager, using industry best practices, day to day operations will
divide the dispensary’s workforce according to different operational tasks, including
reception and customer management, patient consultation, retail management,
security, facility management, merchandising and inventory tracking.
Day to day operations will be overseen by Robert DiVito, as General Manager for
the Facility, and a Head of Retail / Dispensary Manager that will be sourced from the
local community and ideally has previous cannabis retail experience and other
adjacent retail experience in the liquor, pharmaceutical, hospitality, or other
regulated industries.
Dispensary Management
● A Dispensary Manager and Dispensary Assistant Manager will oversee sales,
inventory tracking, ordering, and all other day-to-day operations within the
dispensary. The Dispensary Assistant Manager will set up daily specials and
create bundle packages. Dispensary Assistant Managers will act as a second
level of expertise for customers beyond Dispensary Technicians. When a
Dispensary Technician is unable to answer a specific health and wellness
question, application of cannabis, or company procedure, they will alert the
Dispensary Assistant Manager for help.
● Dispensary Assistant Managers will have access to inventory controls to
enable them to reconcile inventory levels, fix user-errors in the point of sale
system, and purchase order bulk product into business management
platforms. Dispensary Assistant Managers will respond to inquiries sent to
Page 47 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
Element 7’s general information email address, oversee customer
membership rewards / discounts, and reach out to vendors for purchasing
wholesale flower and infused products.
● The Dispensary Assistant Manager will keep records for active inventory and
back stock and report discrepancies to the Dispensary Manager. At the end
of each business day, the Dispensary Assistant Manager will review the
inventory reconciliation log prepared by the Dispensary Technician. The
Dispensary Assistant Manager will then investigate discrepancies in physical
and digital inventory levels. To ensure accuracy of records, the FlowHub
platform will be reviewed on a daily basis by Element 7' Compliance
department.
● The Dispensary Manager will be an expert in cannabis, its application for
qualifying conditions, sales strategies, and customer service. The Dispensary
Manager will oversee the daily operation of the dispensary. The Dispensary
Manager will review all inventory reports and serve as the contact point for
city officials, law enforcement officers, and state regulators. The Dispensary
Manager will review daily inventory reports and any flagged items with
irreconcilable discrepancies.
● As a best practice, the Dispensary Manager will report discrepancies in
inventory to the City Chief of Police along with a description of the incident,
probable causes, and with an explanation that the event did not occur
because of unlawful diversion. Conversely, the Dispensary Manager will also
handle reporting thefts and suspicious behavior to the City Chief of Police.
The Dispensary Manager will schedule inspections, building maintenance,
and work in coordination with the Facilities Manager, Heads of Security and
Compliance, to ensure the dispensary is in good operational condition.
● The Dispensary Manager will hire employees to staff the dispensary and keep
90-day performance reviews for all employees. The Dispensary Manager will
train employees on operations best practices and all company policies. As a
resource for all dispensary employees, the Dispensary Manager will schedule
employee work shifts and relay pertinent employment matters to the HR
Director.
● The Dispensary Manager will manage daily finance operations within the
dispensary, and they will have exclusive access to the depository safe. As part
of opening duties, the Dispensary Manager will count cash and other
applicable payment receipts compiled from the previous day’s operation.
The Dispensary Manager will coordinate cash management services,
including scheduling deposit pick-ups from a cash services company.
● As part of that process, Dispensary Managers will keep a manual deposit log.
When the cash service provider enters the facility, the Dispensary Manager
will prompt the representative to sign the log to verify the total deposit
amount. The Dispensary Manager will keep money to be deposited in
tamper-evident envelopes, then place the envelopes in puncture-proof,
lockable bank bags. As an added precaution, only Dispensary Managers will
Page 48 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
transfer money to cash service providers. The Dispensary Manager will report
deposits to Element 7’s financial manager, who will integrate data into sales
performance reports and budget forecasts.
● As a best practice, the Dispensary Manager, financial manager and head of
operations will remain in constant contact to ensure the financial
sustainability of dispensary operations.
BudTenders
● Element 7 will prepare dispensary staff to accommodate all cannabis
customers. Element 7 is a full-service store, where customers could
conveniently access professional, attentive BudTenders and superior-quality
cannabis. BudTenders will have knowledge of strains, infused products, and
services that may help customers treat qualifying conditions. In addition to
providing face-to-face consultations, BudTenders will navigate electronic
data systems and manual logs to ensure all inventory is traceable and
accounted for at all times.
● BudTenders will greet each customer by their preferred name, in a kind,
inviting voice and with a pleasant attitude. After a friendly greeting,
BudTenders will invite customers to express what brought them in for their visit.
Some customers will eagerly express their motivation: the symptoms they
experience, what products work, the potency they require, and at a
specified price. Others will be more hesitant to reveal their condition, their
experience (or lack thereof) with cannabis, or what they can expect to pay
for cannabis products. Some may appear in good health, while others may
clearly be suffering. As a best practice, BudTenders will quickly identify the
appropriate tone of conversation for each customer. They will accomplish this
by first asking, “Is this your first time in?” If so, the technician will recite a brief
introduction to the company.
● Element 7 will be education-driven, and BudTenders will have a wealth of
medical research, handouts, blogs, and publications on hand to best inform
customers of the benefits and risks of cannabis. Technicians will answer all
inquiries to the best of their ability, and when questions are outside their
scope of knowledge, they will approach a manager to best accommodate
the customer’s request.
● BudTenders will keep active inventory away from back stock and organize
active inventory in a way that is accessible and easy to navigate. Each
BudTender will have a personal workspace that will include: a cash register
and computer. When a customer selects a product, the BudTenders will write
the order down. Then, the technician will search the inventory database for
the requested product. The inventory tracking system will show the location of
the product (active inventory or back stock). The BudTender will excuse
himself or herself from the conversation to find the product. Upon returning
with the product, the BudTender will ask the customer if they have any
questions relating to applying or consuming it. To prevent diversion, the
BudTender will place products out of the reach of customers while retrieving
more products.
Page 49 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
● When the BudTender completely fulfills the order, they will prompt the
customer for payment. After payment is processed, the BudTender will offer a
receipt. Then, before saying goodbye to the customer, BudTenders will invite
customers to write a review of their experience on various social media
accounts and mapping websites.
● BudTender opening duties will include preparing dispensing workspaces,
turning on all computers, lights, and digital scales, setting up display shelves,
ensuring adequate supply of active inventory, creating digital menus, and
familiarizing with daily specials. At the end of each business day, BudTenders
closing duties will include: closing cash registers, dropping deposits into the
depository safe, reporting total sales to the Dispensary Assistant Manager,
placing product in the storage vault, cleaning the service room and other
limited access areas, logging out of business management platforms,
counting merchandise, and turning off applicable electronics.
Receptionist
• The Receptionist is the first point of contact that patients, primary caregivers
and customers will have with Element 7. The Dispensary Receptionist will have
a thorough knowledge of California state laws and the Ukiah City Code to
best respond to all patient and customer inquiries. The Dispensary
Receptionist will keep patient and customer identification data in a secure
data management platform that will be stored in a secure off-site server.
• Element 7 will use industry best practices to best ensure Dispensary
Receptionist job tasks are done in a compliant, timely, and effective manner.
• The Dispensary Receptionist will greet patients, caregivers, and visitors as they
enter the dispensary, verify their identities, add patients, primary caregivers
and customers in the queue, grant patients, primary caregivers and
customers’ access to the retail sales outlet and manage the waiting room.
• As a liaison for patients, primary caregivers and customers, the Dispensary
Receptionist’s foremost job duty is communicating information about the
company and its products. Receptionists will have digital and physical menus
around workspaces to quickly reference product availability and pricing
information, and they will keep reception areas free of clutter.
• Receptionists will verify medical recommendations for patients are correct
and up-to-date, and have a valid State ID. They will also share with each
patient Element 7’s policy about patient and customer privacy and how to
communicate to patients, caregivers and primary caregivers what
information is shared with regulatory officials.
• Receptionists will convey this information in the form of patient and customer
agreement forms, which the Receptionist will require each patient to sign
before serving them. Patient agreement forms will include provisions that
explain the consequences for falsifying medical or personal information.
Patients, primary caregivers and customers must agree to abide by all state
and city regulations while on Element 7's premises.
Page 50 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
• Patients, primary caregivers and customers will only complete one
agreement form and the Receptionist will log credentials into a secure digital
network. Receptionists will encourage all patients, primary caregivers and
customers to include a phone number on their patient and customer
agreement form to best reach them in case of emergency, or product recall.
• Receptionists will promptly enter contact information into business
management platforms then file physical documents in a secure document
storage area. Receptionists will access secure filing cabinets and use them to
store completed patient and customer agreement forms. Before filing, the
Receptionist will check the patient and customer agreement form for
complete information, thus ensuring every patient and customer is aware of
company polices before being served. To protect privacy, Receptionists will
logout of all management networks before leaving the reception area.
• Receptionists will not let individuals under the age of 21 into the dispensary,
nor will they dispense medical cannabis from reception areas. Patients must
be 18 years of age and have a valid physician’s recommendation for
medicinal cannabis, and individuals who are at least 21 years of age.
• Receptionists will be proficient in data entry and word processing. When the
dispensary has announcements on menu availability, changes in prices, or
special events (e.g. holidays, road construction, or emergencies),
Receptionists will prepare statements for release on social media and on
printouts. Receptionists will use spreadsheet software to log non-sensitive
customer information, including contact information, product preferences,
customer “goes-by” names, membership status, birthdays (for deals), and
text/email list preferences. To further protect privacy, Element 7 will position
any Receptionist workspaces and computer screens to block passers-by from
seeing information.
• Receptionists will assist with the daily cleaning of the dispensary. They will
keep personal workspaces tidy and will maintain the waiting room and
common areas (bathrooms and offices). Periodically throughout the day,
Receptionists will prepare coffee and snacks for waiting customers, straighten
furniture, disinfect surfaces, and remove waste/recycling from common
areas. As part of end-of-day procedures, Receptionists will enter all
outstanding customer data created throughout the business day into business
management platforms. Before leaving the facility, Receptionists will file all
paperwork, log out of all digital communication networks, clean work areas,
and turn off applicable electronics.
Enhanced Retail Experience
The Facility will have full climate-control systems installed. Within the main retail area
of the Facility, the front-entry doors will be motion-controlled, closing within 5-
seconds of opening.
Ambient room temperature will be managed and maintained with ceiling-mounted
air-conditioners that allow the temperature to remain at a steady temperature of 68
degrees Fahrenheit, a temperature that studies (Engbrocks, Stephanie. The Impact
Page 51 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
of Temperature on a Consumer’s Shopping Experience, 2008), have found that
consumers prefer while shopping in a retail outlet.
Ceiling-mounted air conditioners will also ensure that air circulates through the store
so that the store doesn’t become stale or too humid on wet summer days.
Element 7 is cognizant of the fact that climate-control systems are important for the
overall shopping experience of the customer.
Storage-areas will be fully climate controlled to ensure that product is stored at the
optimal temperature for product safety and shelf-life management.
Customer Flow Management: Internal Space
In order for the Dispensary to be successful and build a loyal customer base, it is vital
that we have a robust plan in place to acquire, retain, and reward customers, as
well as managing customer flow and traffic within the store at peak times.
With a potential customer base of approximately 5,000 cannabis consumers living
with 10-miles of the Dispensary, Element 7 knows it would see approximately 100
customers a day (10-20 customers per hour).
Two key aspects we keep in mind when managing this daily customer base are:
● Implementing the optimal dispensary layout for revenue management and
maximization, and
● Understanding customer flow to deliver the best customer experience.
Both of these points are essential in allowing us to keep a flow of customers moving
through the dispensary, and avoid customers lingering outside the facility.
With our dispensary occupying 1,500 square feet (70% of this is dedicated to retail
floor space), we would have a maximum occupancy of 35 customers at any one
time (based on the California Building Code for Retail Sales Stores on Basement or
Ground Levels at 30 square feet per customer). With a 50% load factor applied to
this (for customer comfort), we would have a maximum desired occupancy of 17
customers at any one time.
With an average customer visit time of 5 minutes, the store could handle a maximum
of 210 customers an hour. With an estimate of 100 customers a day, and operations
from 8am to 9pm (13 hours), we do not forecast any significant issues with customer
flow within the store.
Store Layout to Assist Customer Flow
Based on our experience with our other dispensaries, we monitor the number and
patterns of customers at our various locations via closed-circuit television and
analyzing purchase data information via Flowhub.
Page 52 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
Our goal is to keep our customers excited about visiting our dispensary, and we will
keep this excitement going by constantly introducing new products, strains,
educational classes and exclusive merchandise. As such, promotions will be located
in the dispensary’s high traffic areas, and high-profit products will be staggered in
busy areas or the dispensary and high demand items will be in low traffic areas, such
as at the back of our dispensary allowing us to draw customers all the way through
the dispensary.
Element 7’s free-flowing layout will allow us to strategically group products,
merchandise and other items throughout the store in a free-flowing pattern, allowing
the customer to enjoy the space, while at the same time constantly noticing our
placement of products.
Parking Management
The current location allots for street parking in which our customers can use as
spaces are available—the site has excellent proximity to public transport (buses and
trains) and freeways. Customers will enter into the facility by walking down the
concrete pedestrian walkway which leads to our facility. We have proposed to use
the four (4) street parking spaces (as available) in which patrons would enter on
North School Street.
Site Management Plan
The Standard Operating Procedures for the Management of the Premises include for
the daily inspection of the outer area of the building for trash, graffiti and any other
unsightly issues. Any dumped trash or litter will be collected and placed into Element
7’s dumpster for collection by the City Council, and any graffiti will immediately be
removed by re-painting.
The responsibility of daily inspections will be assigned to the General Manager who
will open the premises each day.
A selection of paints and paint brushes will be stored on site to rectify any issues. The
interior of the building will also be inspected by the Head of Retail each day at the
start of the shift to ensure the walls and floors are free from scuff marks, all lights are
working, all door locks are in good working condition, all cameras are operational as
required, and that all trash and litter is removed from the premises. Any
maintenance issues will immediately be logged and reported to the General
Manager.
Streetscape and Minors
The exterior architecture of the premises will have the same aesthetics as it currently
has. We are absolutely mindful that minors and children live in the neighborhood
and will responsibly ensure that we don’t have any visible cannabis branding or
products that could be seen from the exterior of the building pursuant to the Ukiah
City Code.
Summary
Element 7 isn't just a retail cannabis outlet. Our vision is to create an interactive
learning hub that allows first-time users, new cannabis consumers, and connoisseurs
with a welcoming experience where they can learn, engage and shop within an
Page 53 of 161
ELEMENT 7: DISPENSARY OPERATING PLAN
inviting and open environment. Analyzing the data and understanding that
customers look to retail staff more than any other outlet or channel for product
recommendations, we will ensure that our front-line BudTenders are the most trained
staff in industry.
Our design, customer experience, staffing and overall holistic wellness positioning all
work together to seamlessly ensure that Element 7 will deliver a retail experience like
no other.
Page 54 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
DELIVERY LICENSE OPERATIONS PLAN
Introduction
Element 7 delivers on-demand cannabis products to patient's and customers’
homes in Cities and Towns across California. This aspect of our business is one of our
fastest growing verticals driven by recent licensing wins we have secured in the Bay
Area, Central Valley and San Diego regions in California.
Powered by our experience gained from our existing cannabis operations footprint,
logistics management experience, and technology partnerships with Ready Cart,
BURPY and Baker Technologies, Element 7 is strategically positioned to become one
of the leading on-demand cannabis delivery companies in the State known for fast
and on-time delivery, great pricing, product selection, and patient/customer
service.
The non-storefront retail (delivery) aspect of the business will be managed by a
dedicated Head of Delivery within Element 7 Ukiah, reporting to the General
Manager of the local business. We project to conduct between 20 – 30 deliveries
per day during our operating hours.
The business management will be governed by a series of Standard Operating
Procedures developed and implemented by Element 7, including:
- Delivery Operations Policy
- Cannabis Track and Trace Policy
- Inventory Control Policy
- Records Management Policy
Page 55 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
Standard Operating Procedures
POLICY NAME NON-STOREFRONT RETAIL (DELIVERY) OPERATIONS POLICY
APPLICABLE LAW Pursuant to the Business and Professions Code section
26001(p), California Code of Regulations §5414-5421; §5048-
5051 Element 7 officers, management, and staff will adhere
to both local and state laws and regulations as it relates to
running a compliant delivery in the City of Ukiah.
POLICY OBJECTIVE To create a successful and fully compliant non-storefront
delivery operation which focuses on team member safety
and training, the consistent delivery of high quality locally
sourced products, consumer education, and community
engagement.
ELEMENT 7 CORE
VALUE
'Excellence in Everything We Do'
SOP PROCEDURES Management
- Staffing and Management
Ordering
- Ordering Procedures
- Online Ordering System
- Technology Integration
- Education Integration
Fulfillment
- Transportation Vehicle Requirements
- Delivery Inventory Ledger
- Order Fulfilment (Pre and Post Delivery)
- Delivery Receipts
- Communications
- Route Planning
Control and Compliance
- Carriage of Business License
- Delivery Employees
- Online Age Verification
Management
Staffing and Management
Element 7 will employ a number of key individuals to operate the non-storefront retail
(delivery) operations aspect of its cannabis business.
General Manager
The General Manager will be Element 7’s day-to-day operations manager for the
Facility. The General Manager will oversee all of the operations, hiring, training,
evaluating, disciplining, and terminating, all employees. The General Manager shall
be responsible for implementing and maintaining the seed-to-sale inventory tracking
Page 56 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
system (Data Management System) and for ensuring that all City and State
commitments are being met, that the site is secure and safe and that the quality of
product is the highest in terms of industry and LLC standards possible.
The General Manager is responsible for:
1. All day-to-day operations;
2. All personnel matters including hiring, training, evaluating and disciplining all
employees;
3. Implementing the Data Management System and maintaining the records
generated by such;
4. Monitoring the security plan, and interfacing with the Head of Security;
5. Being the liaison between Element 7, local law enforcement and applicable
local and State government entities and regulatory agencies;
6. Completing the weekly physical inventories of all inventory sales;
7. Random checks of all inventory levels, packaging and storage procedures,
and report any deficiencies to the General Manager; and
8. All other management and supervisory responsibilities required by Element 7
and/or the City and State.
Shift Manager
At all times the delivery center is operational, there will be one Shift Manager on duty
and physically at the Facility. Each shift will have a Shift Manager who will act as the
supervisor of the facility for his/her given shift. They will report directly to the General
Manager. When the General Manager is not on site, they will monitor all operations,
inventory control and security, in their respective departments. The Shift Managers
will record and report any activity they undertake to the General Manager. No
administrative or regulatory action shall be taken by the Shift Manager without the
prior approval of the General Manager.
The Shift Manager shall be a full-time officer or employee of the Facility and shall
participate in all delivery operations management. They will be responsible for the
following while on duty:
1. Supervise the employees and staff within their respective departments;
2. Monitor employee activities within their respective departments;
3. Monitor and input data into the inventory control system within their
department;
4. Monitor and follow the security plan and interfacing with the Head of
Security; and if the General Manager is off-site, they shall be the liaison
between Element 7 local law enforcement, applicable State and local
governmental and regulatory agencies, if necessary.
Page 57 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
Head of Security
The Head of Security responsibilities include, but are not limited to:
1. Following the security plan;
2. Responding to any breaches in security;
3. Reporting any attempted breaches of security and or any security
deficiencies to the General Manager;
4. Maintaining regulatory compliance with all security measures employed by
Element 7; and
5. All other management and supervisory responsibilities required by Element 7
and/or the City and State.
Inventory Control Specialist
The Inventory Control Specialist main responsibility is to assure all the operations in the
delivery Facility are fully compliant with California State law and regulations and that
all inventory is fully accounted for at all points of the operations. These duties shall
include, but are not limited to:
1. Providing all necessary information and reports to regulatory agencies;
2. Monitoring reports from the inventory control system;
3. Tracking any discrepancies between known or expected values, counts,
weights or other information back to the source;
4. Providing input and implementing changes to protocols to correct errors,
and/or other deficiencies in the Facility operations;
5. Monitoring shipping manifests, inventory levels, plant counts, inventory
weight amounts, and other seed to sale tracking information;
6. Reporting to the General Manager;
7. Interfacing with the Head of Security;
8. Engaging local counsel when necessary; and
9. Any other responsibilities required by management.
Dispatch Manager
The Dispatch Manager will work directly with the dispatch team to assist in
coordinating daily workflow, and work independently on safety requirements for the
delivery team; in addition to being responsible for properly deploying and
monitoring the status and locations of the delivery drivers. The Dispatch Manager will
also be responsible for the following:
1. Answer incoming patient/customer phone calls and take appropriate action
for each call;
Page 58 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
2. Maintain customer satisfaction ratings based on explicit criteria set forth by
Element 7;
3. Assign orders to drivers, and follow-up until all orders are completed;
4. Attend mandatory training sessions to stay updated on product or company
policy changes;
5. Route and set schedules for the delivery team;
6. Maximize productivity and ensure prompt, courteous and efficient service to,
primary caregivers; and
7. Build strong customer relationships.
Driver
Drivers will be responsible for transferring product from our delivery directly to
patients, primary caregivers or customers throughout the city and collecting money
in exchange for the cannabis goods. Drivers will work with the Dispatch Manager to
ensure timely delivery and full compliance with both local and state laws.
Driver responsibilities include, but are not limited to:
1. Make a wide variety of deliveries as directed;
2. Keep accurate records of deliveries and patient authorizations;
3. Ensure all documentation is submitted to management on time;
4. Keep an accurate driver's log;
5. Follow a strict standard of operating procedure;
6. Load, unload, prepare, inspect and operate a delivery vehicle;
7. Collect payments and maintain petty cash.
ORDERING PROCEDURES AND POLICIES
Ordering Procedures
Patients and customers will be able to order through our smartphone APP or
responsive website (which adapts itself to the patient/customer viewing
environment – phone, tablet or desktop computer) – first time users will be have to
upload a photo of their government identification card in order to verify age, and
will then be required to run through a 3-screen educational component educating
them on cannabis potency, absorption and effects. They will then have the option
of selecting a range of cannabis products and being able to track Element 7
delivery business through the smartphone APP or Website in much the same way
that UBER or LYFT operates.
Page 59 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
Our partner, Beyond Marketing Group has significant UX and UI experience within
their company and will manage all development of such platform.
Online Ordering System
Element 7’s online ordering system will allow its patients, primary caregivers or
customers to place orders from our website, tablets or mobile app. Element 7 has
partnered with a premier e-Commerce delivery company to create all online and
web application features (Ready Cart). This will allow the website and application to
have an online menu and shopping portal that directly and seamlessly connects to
our inventory management system in real time.
In addition to Ready Cart, Element 7 will utilize Baker Technologies software platform
which will allow Element 7 to communicate directly with patients and customers
immediately after an online order is placed, inform them of new products , educate
them via the smartphone app and create a Loyalty program that offers
patients/customers "points" for being loyal to Element 7.
The online ordering system will display all the products for sale at the business, their
prices, and product descriptions. (see demo images below)
Technology Integration
We understand that as a licensed non-storefront retailer, we will not sell or otherwise
transfer any cannabis goods to a patient/customer through the use of an unlicensed
third party, intermediary business, broker, or any other business or entity.
Element 7 will utilize Baker (which will integrate with our compliance platform
‘Flowhub’) as a means to facilitate the sale and delivery of cannabis goods, in
accordance with the following:
1. Element 7 will not allow for delivery of cannabis goods by the technology
platform service provider.
2. Element 7 will not share in the profits of the sale of cannabis goods with the
technology platform service provider, or otherwise provide for a percentage
Page 60 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
or portion of the cannabis goods sales to the technology platform service
provider.
3. Element 7 will not advertise or market cannabis goods in conjunction with the
technology platform service provider, outside of the technology platform,
and will ensure that the technology platform service provider does not use
Element 7' license number or legal business name on any advertisement or
marketing that primarily promotes the services of the technology platform.
4. Element 7 will ensure the following information is provided to customers:
(i) Any cannabis goods advertised or offered for sale on or through the
technology platform will disclose, Element 7' legal business name and
license number.
(ii) Customers placing an order for cannabis goods through the technology
platform will be able to easily identify Element 7 as the source of where
the cannabis goods are being ordered or purchased from. This
information will be available to the customer prior to them placing an
order or purchasing the cannabis goods.
(iii) All required sales invoices and receipts, including any receipts provided
to the customer, will disclose Element 7' legal business name and license
number.
(iv) All other delivery, marketing, and advertising requirements will be
complied with.
Ordering Procedures
1. Once a patient, primary caregiver or customers visits Element 7 online delivery
portal, they will be asked if they are above the age of 21, or over 18 years of
age with a valid physician’s recommendation;
2. Patients, primary caregivers and customers can visit the Element 7 menu of
products which will range from edibles to flower and other cannabis
products;
3. After a selection has been made, selected items will be placed in a “Cart”
and the patients, primary caregivers or customers can then proceed to
checkout;
4. Once an order has been processed and filled at the delivery facility, the
patients, primary caregivers or customers will receive an alert notification for
an approximate delivery-time estimate; and
5. Element 7 Delivery employees will receive instant push notifications on all
tablets and smartphones at the facility. Once a customer has placed an
order, it will be immediately filled by an employee, packaged and ready for
delivery within a 15-minute time frame.
Page 61 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
Online Ordering System (Educational Component)
The Element 7 online ordering system educational component will allow its patients,
primary caregivers or customers to learn about the potency, effects, THC and CBD
content of cannabis or cannabis goods prior to purchasing, as well as providing
patients, primary caregivers or customers with the tools to incorporate a "Holistic
Wellness" approach to their everyday lives.
In furthering Element 7' "Holistic Wellness” initiative to educate customers on the
benefits of cannabis, Element 7 seeks to work with Tokr to create a customized app
experience for Element 7 customers. Tokr allows customers to learn which cannabis-
based products can be used in their everyday life, and eases the anxiety or
nervousness associated with not knowing how cannabis and cannabis related
products may use daily.
Element 7’s cannabis and cannabis products breakdown will equip customers,
primary caregivers or customers with the knowledge and understanding of the
benefits of a chosen cannabis strain or product. Having an educational component
on Element 7 website informs patients, primary caregivers or customers how each
strain of cannabis might affect them which can go a long way towards utilizing the
plant’s potential therapeutic benefits.
The website will provide thorough descriptions of each type of strain - Sativa, Indica,
Hybrid and CBD.
In furthering Element 7’s commitment to inform and empower the Ukiah community
on cannabis education, it is also worth mentioning that accurately estimating
cannabinoid effects must be treated with some subjectivity. Each patient/customer
has an individual reaction to each type of cannabis strain and experimentation with
different types of strains is essential for new patients, primary caregivers or customers
to achieve desired results.
Element 7 suggests patients, primary caregivers or customers keep a journal and
record both body and head reactions to each strain, which will remove much of the
guesswork from selecting the strains that work best for them. Our content
management system will automatically send an email 12 hours after a customer has
made a purchase which requires that product feedback following a “first time”
purchase of a given product, and prior to the customer next purchase to ensure we
are receiving as much feedback as possible.
FULFILLMENT PROCEDURES AND POLICIES
Transportation Vehicle Requirements
Element 7 will strictly adhere to all rules, requirements and regulations regarding
transportation of cannabis within the state of California, as they are created and
modified by City and State legislators. No deviation from those rules will be tolerated
or allowed. The Head of Security will implement additional measures beyond the
minimum requirements (i.e. transfer of currency for remitting City tax payments).
Element 7' delivery process begins when the delivery employee leaves the facility
with the cannabis goods for delivery. The delivery process ends when the delivery
employee returns to the facility after delivering the cannabis goods or attempting to
Page 62 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
deliver the cannabis goods to the patients and customers. At no time will an
Element 7 delivery employee engage in any activities except for cannabis goods
delivery and necessary rest, fuel, or vehicle repair stops. Element 7 will maintain an
accurate list of all delivery employee’s information.
Any vehicle used in the delivery of cannabis goods will be operated by a delivery
employee of Element 7. Vehicles used for delivery will not have any indications on
the exterior of the vehicle that may indicate that the delivery employee is carrying
cannabis goods for delivery. Only Element 7 employees will be in the delivery
vehicle. In the event that an employee leaves the vehicle unattended, he/she will
ensure that the vehicle is locked and equipped with an active vehicle alarm system.
All Element 7 vehicles will be outfitted with a dedicated Global Positioning System
(GPS) device for identifying the geographic location of the delivery vehicle and
recording a history of all locations traveled to by the delivery employee while
engaged in delivery. The GPS device will be owned by Element 7 and used for delivery
only. The device will be either permanently or temporarily affixed to the delivery
vehicle and will remain active and inside of the delivery vehicle at all times during
delivery. At all times, Element 7 will be able to identify the geographic location of all
delivery vehicles that are making deliveries and document the history of all locations
traveled to and by a delivery employee while engaged in delivery.
Delivery Inventory Ledger
• A LIVE delivery inventory ledger will be created which tracks all cannabis goods
provided by Element 7 to the delivery driver, orders, purchase and product
deliveries;
• For each cannabis good, the delivery inventory ledger will include the
following:
- Type of good, the brand, the retail value;
- The track and trace identifier, and the weight, volume or other accurate
measure of the cannabis good.
• After each delivery, the delivery inventory ledger will be updated to reflect the
current inventory in possession of Element 7' delivery driver.
• No product will leave the Facility without being accompanied by an
authorized driver of the Facility, together with transportation manifests to show
the vehicle information, driver and accompanying personnel information, date
and time the delivery business vehicle leaves the facility, the amount of
product that is being transported, a breakdown of the individual boxes that will
be delivered to individual patients, primary caregivers and customers, the
route that the vehicle will take, and expected delivery business times for
delivery business to each delivery business.
Order Fulfillment (Pre-Delivery)
• Orders will be taken by Element 7 through an SSL Encrypted Responsive
Website, Smart-Phone APP and by phone. All customers will be checked to
ensure they have the appropriate ID Card by uploading a photo of their
government-issued identification.
Page 63 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
• Received Orders will then be approved by the Shift Manager and queued for
Packing. A Packer Employee will fulfil the order from stock in either the Ambient
Storage Room or Cold Storage Room, where it will be packed in the Packing
Room. It will then be queued for Dispatch.
• Packed Orders will be assigned to a Driver by the Dispatch Manager and
moved to the Dispatch Room from the Packing Room. Cannabis will only be
sold to an individual in an amount consistent with personal possession and use
limits allowed by the State of California and enforced by Ukiah and Element
7.
• The order fulfilment boxes (plastic) containing cannabis to be delivered to
customer will be verified, recorded and sealed. Once sealed they will be
loaded into the lock boxes in the delivery business vehicle from the Dispatch
Room, employees will ensure that no cannabis goods are visible to the public.
Cannabis goods will be locked in a fully enclosed box, container, or cage that
is secured on the inside of the vehicle.
• Both the Inventory Control Specialist and the driver that will accompany the
product will verify the number of boxes, the date and time of delivery business,
the date and time that the delivery business vehicle leaves the Facility, and the
addresses to which the product will be delivered.
• Element 7 will maintain a database and provide a list of the individuals and
vehicles authorized to conduct vehicle dispensing, and a copy of the valid
California driver’s license issued to the driver of any such vehicle on behalf of
Element 7 to the Ukiah Chief of Police.
• Only after the dispatch employee has completed the check with checklist for
delivery business will the vehicle then be driven out of the lock area, and
immediately began its delivery business route.
• Individuals making deliveries of cannabis or cannabis products on behalf of
Element 7 will maintain a physical copy of the delivery request (and/or
invoice) and will make it available upon the request of agents or employees
of the City of Ukiah requesting documentation.
• The total amount of cannabis carried in the vehicle will comply with State
Law.
Order Fulfillment (Post-Delivery)
• Once the delivery business vehicle is in the locked and secured area
designated for that purpose, the lockbox inside of the delivery business
vehicle will be opened by delivery business personnel.
• The Inventory Control Specialist will perform a visual verification that the
lockbox is in fact empty and contains no leftover cannabis products from a
previous delivery business. If there is cannabis, it will be removed from the
vehicle, identified, recorded and placed in the vault for either reshipment or
in the case of a cancelled order, the box seal will be cut, the contents
verified as being un-tampered with and then re-stocked into inventory and
Page 64 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
recorded as being re-stocked, including time, date, amount, package
numbers, weights, employee performing the re-stocking and reason for the
return of the product. Any product that has been tampered with will be
accounted for and then destroyed in accordance with Element 7
procedures.
•Any cash payments received by the Driver will be logged, accounted for,
signed and held in the cash register until the end of the shift or day, at which
point it will be counted and locked in the Walk-In Vault.
Delivery Receipts
●Element 7 will prepare both a hard copy and an electronic delivery request
receipt for each delivery of cannabis goods. The delivery request receipt will
contain the following:
1.The name and address of Element 7;
2.The first name and employee number of Element 7' delivery employee
who delivered the order;
3.The first name and employee number of Element 7' employee who
prepared the order for delivery;
4.The first name of the patient/customer and an Element 7 retailer-
assigned customer number for the person who requested the delivery;
5.The date and time the delivery request was made;
6.The delivery address; and
7.A detailed description of all cannabis goods requested for delivery.
Communications
•Each driver will carry a communication device and a cell phone for backup
communication.
•Driver will always remain in contact with Element 7's Central Security Control
Room as well as 911 and emergency services, if necessary.
Route Planning
•The Dispatch Team will plan route security after the time and destination are
determined. Routes will be randomized, and times varied. Other
consideration, in addition to randomization and time, for each route will be
based upon:
1.Operational security (based on number of stop on route, crime by area,
known previous routes etc.);
2.Traffic (time of day or road incident);
3.Known public events, i.e. parades, demonstrations, unusual activity using
current information available from a variety of sources to include news
releases, police and city offices, social media; and
Page 65 of 161
ELEMENT 7: DELIVERY OPERATING PLAN
4. Ongoing real-time incidents that would impede delivery business.
● If an Element 7 delivery driver does not have any delivery requests to be
performed for a 30-minute period, the delivery driver will not make any
additional deliveries and will return to the facility.
CONTROL AND COMPLIANCE
Carriage of Business License
All vehicles associated with the business will carry in the vehicle a copy of the valid,
unexpired business license as well as a copy of Element 7' current non-storefront
retailer's license. In addition, Element 7 Vehicle’ will be registered with the City Police
Department.
Delivery Employees
● Element 7 will not employ or retain persons under 21 years of age.
● All deliveries of cannabis goods will be performed by a delivery employee
who is directly employed by Element 7.
● All deliveries of cannabis goods will be made in person. A delivery of
cannabis goods will not be made through the use of an unmanned vehicle.
● Delivery employees will carry a current government-issued identification, and
an identification badge provided by Element 7.
Online Age Verification
● Electronic age verification will be utilized to determine the age of any
individual attempting to purchase cannabis goods. All employees will be
instructed on its use.
● Cannabis will not be sold to the public without electronic age verification.
● Delivery employees will verify the age and identity of the recipient of the
cannabis goods at both order time and delivery of goods.
● Cannabis goods will only be received by the patient/customer. The driver will
scan the patient/customers valid identification card and verify that the
individual is 21 years of age or older, or 18 years old with a valid physician
recommendation.
Summary
Element 7's Delivery business and operations are a critical focus point for our overall
business strategy. While cannabis is a highly experimental and discovery-led category
in 2019, we know that moving ahead, cannabis will more closely mimic existing
shopping and buyer behavior practices of other consumer product verticals. Having
a robust business plan and set of policies in place will be critical to our expansion
efforts over the next 3-5 years as we seek to become one of the leading and largest
cannabis delivery companies in California.
Page 66 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
MANUFACTURING OPERATING PLAN
Introduction
Element 7 manufactures a range of cannabis products and brands to meet the
growing demand for these goods from patients and consumers in California.
Manufactured extracts, edibles and topicals are the fastest growing categories in the
industry and Element 7 produces a range of in-house cannabis brands to meet this
demand.
Our cannabis brands include:
SLAY: A range of THC-infused cannabis creams, lotions and beauty products targeted
at empowered, confident, and young female consumers.
Daily Cannabis Co: The Monday-to-Friday cannabis brand available in flower, pre-rolls
and C02-produced concentrates.
Element 7: Holistic wellness infused cannabis creams, lotions, extracts and edibles.
Powered by the experience gained from our existing cannabis operations footprint,
logistics management experience, and technology and data partnerships with Ready
Cart, BURPY and BRIGADE, Element 7 is strategically positioned to become one of the
leading cannabis manufacturing companies in the State known for the quality of our
products, the emotional need states we deliver against, and the strength of our
brands and trademarks.
Page 67 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
Management Plan and Staffing
The manufacturing aspect of the business will be managed by a dedicated Head of
Manufacturing within Element 7 Ukiah, reporting to the General Manager of the local
business.
Head of Manufacturing
The Head of Manufacturing will oversee all lab operations, including the management
of lab technicians. This role will be responsible for maintaining the organization,
cleanliness, and efficiency of the production area. The Head of Manufacturing
maintains quality control measures to ensure high quality product and carries out day-
to-day tasks including: prepping, extracting, and packaging. The Head of
Manufacturing must monitor and maintain production facility in accordance with
Element 7's Laboratory standards. The Head of Manufacturing will perform regular
maintenance, cleaning, and repairs of all laboratory equipment including arranging
any necessary equipment replacement(s). The Head of Manufacturing will also
schedule and maintain testing for research and product safety, as well as state
compliance for the state of California.
The core job responsibilities of the Head of Manufacturing include:
● Planning and managing production schedules that effectively leverage
capacity, labor and materials to meet volume, cost and quality goals.
● Developing, implementing, and holding the team accountable to relevant KPIs
with a focus on continuous improvement by producing weekly production
reports and attending company meetings.
● Studying and clarifying specifications, calculating requirements, assembling
and weighing cannabis materials and supplies for lab processes.
● Performing all technical procedures adhering to the operation, technical, and
quality control policies and guidelines.
● Creating and improving all SOPs to stay compliant with local and state
regulations and maintaining accountability and inventory of all supplies, raw
materials, finished products.
● Tracking post-processing temperatures and times to manipulate product as
required.
● Tracking manufacturing metrics throughout the lab chain of custody including
cannabis waste.
● Collecting and interpreting data to monitor and adjust daily operations for
maximum output and quality.
● Creating proprietary blends for our products
● Blending for our customers according to set parameters
● Tracking consumables usage and maintain the laboratory inventory.
● Creating QC and R&D samples and oversee all COA product testing,
● Maintaining inventory records of supplies, materials, and temperatures of
machinery along with troubleshooting, preventative maintenance and regular
data logging for all lab equipment
● Regular cleaning and maintenance of lab equipment and facility to keep
laboratory and all other working areas in pristine conditions.
● Maintaining material safety data sheets for all department chemicals and
products.
Page 68 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
Operations Management
Day-to-day operations at the Facility will be governed by a series of Standard
Operating Procedures developed and implemented by Element 7, including:
● Type-6 Manufacturing Operations Policy
● Cannabis Track and Trace Policy
● Inventory Control Policy
● Records Management Policy
Product Range
Element 7 will package finished cannabis products in the form of pre-rolls, extracts /
concentrates, edibles, tinctures and creams/ lotions. Our product range, branding,
and pricing will largely be determined by analyzing industry data, consumer trends,
consumer need-state analysis and a range of other data and insights to create the
optimal go-to-market product and packaging mix.
Manufactured products will either be produced and packaged as single extracts and
concentrates, or, combined with holistically natural and organic ingredients to create
a homogenized material with a consistent cannabinoid profiles and potency.
Edibles
Technicians will combine sustainably sourced, organic fruits, grains, sugars, nuts, seeds,
chocolates, and other ingredients with cannabis oils to create a spectrum of
palatable edibles under the Element 7 brand.
Topicals
Element 7 will produce finished cannabis products in the form of topical applications,
including lotions, creams, salves, balms, and/or moisturizers.
Tinctures
Element 7 will manufacture tinctures in a variety of cannabinoid profiles and flavors
available to enhance product diversity and therapeutic options for its customer base.
Element 7 will also produce finished medical cannabis products in the form of semi-
viscous liquid tinctures. Tinctures will be vegetable-glycerin-based and may be
applied by a glass and rubber self-contained liquid dropper. Tinctures will have
consistent cannabinoid profiles. Processing Technicians will bottle tinctures in
accordance with industry best practices. Technicians will produce tinctures from
medical cannabis oil that contains activated cannabinoids and add material to food-
grade glycerin and other natural or organic sweeteners and/or flavors to enhance the
palatability of the finished product. Agave nectar will be a desired sweetener for its
low viscosity at room temperature.
Pre-Rolls and Joints
Pre-Rolls and joints will be made from a range of flower-grade products sourced from
the market, using pre- roll machinery equipment that produces up to 2,000 pre-rolls an
hour.
Page 69 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
Manufacturing Standard Operating Procedures
POLICY NAME TYPE-6 LICENSE MANUFACTURING OPERATIONS POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations Sections 40200-
40258.
POLICY OBJECTIVE To create a successful and fully compliant manufacturing
operation which focuses on team member safety and training, the
consistent delivery of high quality locally sourced products,
consumer education, and community engagement.
ELEMENT 7 CORE VALUE 'Excellence in Everything We Do'
SOP PROCEDURES Facility Design
- Water Management
- Heating, Ventilation, Cooling and Air Filtration Systems
- Plumbing Systems
- Sanitary Conditions and Facilities
- Facility Lighting
- Pest Control
- Equipment and Utensils
Manufacturing Protocols
- Controlling and Tracking Component Requirements
- Batch Manufacturing Protocol
- Process Monitoring and Controls During Manufacture
- Quality Control
- Cannabis-Derived Product Specifications
- Product Discrepancies
- Calculation of Yield
Fire and Safety Technical Report
Facility Design
Element 7 propose to construct a 237 sq. ft. cannabis manufacturing lab to facilitate
the processing of raw medical cannabis flower and trim into extracts, infused products
and finished manufactured goods. We estimate that we will receive one (1) delivery
per week of raw product from a state-licensed distributor. The following considerations
have been taken into account when designing our Facility and proposing our plan:
● The facility will have adequate space for the orderly placement of
equipment and materials to prevent mix-ups of components, packaging
components, in-process materials, cannabis, or cannabis-derived products
during manufacturing, packaging, labeling, or holding.
● The facility will be designed to reduce the potential for contamination of
components, packaging components, cannabis, cannabis-derived products,
or contact surfaces, with microorganisms, chemicals, filth, or other extraneous
material. To ensure this, Element 7 will ensure that the design and construction
includes:
o Floors, walls, and ceilings that can be adequately cleaned and kept
clean and in good repair;
Page 70 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
o Fixtures, ducts, and pipes that do not contaminate components,
packaging components, in-process materials, cannabis or cannabis-
derived products, or contact surfaces by dripping or other leakage, or
condensate;
o Aisles or working spaces between equipment and walls that are
adequately unobstructed and of adequate width to permit all persons
to perform their duties and to protect against contamination, or
contact surfaces with clothing or personal contact.
o Safety-type light bulbs, fixtures, skylights, or other glass or glass-like
materials must be used when the light bulbs, fixtures, skylights or other
glass or glass-like materials are suspended.
• The facility will have separate or defined areas, or other control systems such
as computerized inventory controls or automated systems of separation, to
prevent cross-contamination and mix-ups of components:
o Receipt, identification, storage, and withholding from use of
quarantined components;
o Storage of approved components, packaging components, cannabis,
or cannabis-derived products;
o Storage of rejected components and cannabis waste pending return
to their supplier or destruction;
o Storage of in-process materials pending normal further processing;
o Storage of components pending reprocessing;
o Manufacturing operations;
o Packaging and labeling operations;
o Separation of the manufacturing, packaging, labeling, and holding of
different product types including different types of cannabis or
cannabis-derived products and other products handled in the same
physical facility; and
o Performance of laboratory analyses and storage of laboratory supplies
and samples, as applicable.
The facility will feature an odor control system and an internal building security system
both discussed in more in this application.
Water Management
Water will be provided that is:
● Safe and sanitary, at suitable temperatures, and under pressure as needed, for
Page 71 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
all uses where water does not become a component of the cannabis derived
product.
● Compliant with applicable state and local potable water requirements and
with other requirements as necessary to ensure the water does not
contaminate the cannabis-derived product.
Heating, Ventilation, Cooling and Air Filtration Systems
Systems will be installed and maintained in the Facility as needed to ensure the quality
of the product.
● Ventilation equipment such as filters, fans, exhausts, dust collection, and other
air-blowing equipment will be provided in areas where odors, dust, and vapors
(including steam and noxious fumes) may contaminate components or
contact surfaces.
● When fans, compressed air, or other air-blowing equipment are used, such
equipment must be designed, located, and operated in a manner that
minimizes the potential for microorganisms and particulate matter to
contaminate components or contact surfaces.
● Equipment that controls temperature, humidity, and/or microorganisms must
be provided, when such equipment is necessary to ensure the quality of the
product.
Plumbing Systems
The plumbing in the facility will be of an adequate size and design and be
adequately installed and maintained to:
● Carry sufficient amounts of water to required locations throughout the facility;
● Properly convey sewage and liquid disposable waste from the facility;
● Avoid being a source of contamination to components or any contact surface,
or creating an unsanitary condition;
● Provide adequate floor drainage in all areas where floors are subject to
flooding-type cleaning or where normal operations release or discharge water
or other liquid waste on the floor;
● Not allow backflow from, or cross connection between, piping systems that
discharge waste water or sewage and piping systems that carry water used for
manufacturing cannabis-derived products, for cleaning contact surfaces, or for
use in bathrooms or hand-washing facilities.
Sanitary Conditions and Facilities
Adequate and convenient hand-washing facilities will be provided that are:
● Provided with running water of suitable temperature;
● Provided with effective hand cleaning and/or sanitizing preparations and single
use paper towels or other drying devices;
● Located at points in the facility where good sanitary practices require
Page 72 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
personnel to wash their hands;
● Prohibited from being used for activities that support production operations,
such as cleaning of production equipment or utensils.
The grounds of the Facility will be kept in a condition that protects against the
contamination of components, packaging components, in-process materials,
cannabis, cannabis-derived products, or contact surfaces. The methods for adequate
ground maintenance include:
● Properly storing equipment, removing litter and waste, and cutting weeds or
grass within the immediate vicinity of the facility so that it does not attract pests,
harbor pests, or provide pests a place for breeding;
● Maintaining roads, yards, and parking lots so that they do not constitute a
source of contamination in areas where components, packaging components,
in-process materials, cannabis, cannabis-derived products, or contact surfaces
are exposed;
● If the plant grounds are bordered by grounds not under the operation’s control,
and if those other grounds are not maintained in the manner described in this
section, care should be exercised in the plant by inspection, extermination, or
other means to exclude pests, dirt, and filth or any other extraneous materials
that may be a source of contamination;
• Cleaning compounds, sanitizing agents, pesticides, and other toxic materials
will be appropriately stored, handled, and controlled.
o Cleaning compounds and sanitizing agents must be free from
microorganisms of public health significance and be safe and
adequate under the conditions of use.
o Toxic materials must not be used or held in the facility in which
components, packaging components, in-process materials, cannabis,
cannabis-derived products, or contact surfaces are manufactured or
exposed, unless those materials are necessary as follows:
(i) To maintain clean and sanitary conditions;
(ii) For use in laboratory testing procedures, where applicable;
(iii) For maintaining or operating the facility or equipment; or
(iv) For use in the facility’s operations.
Cleaning compounds, sanitizing agents, pesticides, pesticide chemicals, and other
toxic materials must be identified, stored, and used in a manner that protects against
contamination of components, packaging components, in-process materials,
cannabis, cannabis-derived products, or contact surfaces.
Facility Lighting
Adequate lighting will be provided in:
Page 73 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
● All areas where components, packaging components, in-process materials,
cannabis, or cannabis-derived products are examined, manufactured,
packaged, labeled, or held;
● All areas where contact surfaces are cleaned; and
● Hand-washing areas, dressing and locker rooms, and toilet facilities.
Pest Control
Adequate pest control will be provided.
• Animals or pests will not be allowed in any area of the facility, except that
guard or guide dogs may be allowed in some areas of the facility if the
presence of the dogs will not result in contamination of components,
packaging components or contact surfaces;
• Effective measures will be taken to exclude pests from the facility and to
protect against contamination of components and contact surfaces on the
premises by pests; and
• Insecticides, fungicides, or rodenticides must not be used in or around the
facility, unless they are registered with EPA and used in accordance with the
label instructions, and effective precautions are taken to protect against the
contamination of components or contact surfaces.
• Trash will be regularly conveyed, stored, and disposed in order to:
o Minimize the development of odors;
o Minimize the potential for the trash to attract, harbor, or become a
breeding place for pests;
o Protect against contamination of components, any contact surface,
water supplies, and grounds surrounding the facility; and
o Control hazardous waste to prevent contamination of components and
contact surfaces.
• A schedule will be developed for sanitation that includes:
o Responsibility for sanitation;
o Detailed description of the cleaning schedules, methods, equipment,
and materials to be used in cleaning the grounds and buildings; and
o Records of cleaning and sanitation.
Equipment and Utensils
• Production operations must use equipment and utensils that are of appropriate
design, construction, and workmanship.
Page 74 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
o Equipment and utensils will be suitable for their intended use;
o Equipment and utensils will be able to be adequately cleaned and
properly maintained; and
o Use of equipment and utensils will not result in the contamination of
components, packaging components.
• Each freezer, refrigerator, and other cold storage compartment used to hold
components, in-process materials, or cannabis or cannabis-derived products:
o Will be fitted with an indicating thermometer, temperature-measuring
device, or temperature-recording device that indicates and records, or
allows for recording by hand, the temperature accurately within the
compartment; and
o Will have an automated device for regulating temperature and/or an
automated alarm system to indicate a significant temperature change.
• Instruments and controls used in manufacturing, packaging, holding, or testing
components, packaging components, in-process materials, cannabis, and
cannabis-derived products will be calibrated, inspected, or otherwise verified
before first use and at routine intervals or as otherwise necessary to ensure the
accuracy and precision of the instrument or control, and the resulting data
must be periodically reviewed by quality control personnel. Instruments or
controls that are past their calibration, inspection, or verification due date, or
which cannot be adjusted to provide suitable accuracy and precision, will be
removed from use until they are repaired or replaced.
Controlling and Tracking Component Requirements
• Element 7 manufacturing operations will have written procedures describing in
sufficient detail the receipt, identification, storage, handling, sampling, review,
and approval or rejection of components.
• Each container or grouping of containers for components will be identified with
a distinctive code (i.e. lot or control number) for each lot in each shipment
received, which allows the lot to be traced backward to the supplier, the date
received, and the name of the component; and forward to the cannabis-
derived product batches manufactured or distributed using the lot.
• Components must be received and stored pending approval as follows:
o Upon receipt and before acceptance, each container or grouping of
containers must be examined visually for appropriate labeling as to
contents, container damage or broken seals, and contamination, to
determine whether the container condition may have resulted in
contamination or deterioration of the components.
o The supplier’s documentation for each shipment must be examined to
ensure the components are consistent with what was ordered.
Page 75 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
o Components must be stored under quarantine until they have been
sampled, reviewed, and approved or rejected by quality control
personnel.
• Components must be approved or rejected as follows:
o Each lot of components will be withheld from use until the lot has been
sampled, reviewed, and released for use by the quality control
personnel.
o Compliance of the lot with established specifications will be ensured
either through review of the supplier's certificate of analysis or other
documentation, or through appropriate tests and/or examinations. Any
tests and examinations performed will be conducted using appropriate
scientifically valid methods.
o Any lot of a component that meets its specifications may be approved
and released for use for use by quality control personnel.
o Any lot of a component that does not meet its specifications must be
rejected by quality control personnel.
Process Monitoring and Controls During Manufacture
• Process specifications are established for production process parameters at or
during any point, step, or stage where control is necessary to ensure the quality
of the batch of cannabis-derived product, and to detect any unanticipated
occurrence that may result in contamination, adulteration, or a failure to meet
specifications.
• The process parameters to be monitored may include, but are not limited to,
the following as appropriate:
o Time;
o Temperature;
o Pressure; and
o Speed.
• Production process parameters will be monitored at or during any point, step,
or stage where process specifications have been established. Any deviation
from the specified process parameters will be documented and justified, and
the associated in-process material or product must be quarantined. The
deviation must be reviewed and approved or rejected by quality control
personnel. Such deviations will not be approved unless quality control
personnel determine that the resulting cannabis-derived product will meet all
specifications for identity, purity, strength, and composition and is not otherwise
contaminated or adulterated.
• If a deviation is rejected, the resulting in-process or finished cannabis-derived
product must be rejected and destroyed.
Page 76 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
• Operations on one component, product, or batch must be physically, spatially,
or temporally separated from operations on other components, products, or
batches.
• All necessary precautions must be taken during the manufacture of a
cannabis-derived product to prevent contamination of components and
products.
Quality Control
The Head of Manufacturing and Compliance Manager will randomly select finished,
packaged samples and test them for potency and the presence of microbial
contaminants.
A representative sample of each batch or lot of component, cannabis, or cannabis-
derived product will be collected by removing and compositing portions of material
or units from throughout the containers in the batch or lot to be given to a licensed
Distributor for testing.
Cannabis-Derived Product Specifications
Manufacturing operations will establish specifications for the identity, purity, strength,
and composition of each cannabis-derived product manufactured by the operation.
Manufacturing operations which receive cannabis-derived product for further
processing must establish specifications to provide sufficient assurance that the
product received is adequately identified and is consistent with the purchase order.
For every batch or lot, or for a subset of cannabis-derived product batches or lots
identified through sound statistical sampling plan, the operation will verify that the
batch or lot meets product specifications for identity, purity, strength, and
composition, to the extent that scientifically valid test methods exist for these
specifications via a state-licensed testing laboratory.
Product Discrepancies
Any unexplained occurrence or discrepancy, and any failure of the cannabis-derived
product to meet its specifications or requirements, must be documented and
investigated. The investigation must extend to any related batches that may have
been associated with the same specific failure, discrepancy, or problem; this may
include, but is not limited to, batches of the same cannabis-derived product, other
batches processed on the same equipment or during the same time period, and
other batches produced using the same lots of components.
Calculation of Yield
Actual yields will be determined at the conclusion of each appropriate phase of
manufacturing of the cannabis-derived product. Such calculations must either be
performed by one person and independently verified by a second person, or, if the
yield is calculated by automated equipment, be independently verified by one
person.
If the percentage of theoretical yield at any process step or at the end of production
falls outside the maximum or minimum percentage of theoretical yield allowed in the
manufacturing protocol, quality control personnel must conduct an investigation of
the batch and determine, to the extent possible, the source of the discrepancy. The
Page 77 of 161
ELEMENT 7: MANUFACTURING OPERATING PLAN
deviation must be documented, explained, and approved by quality control
personnel.
Fire and Safety Technical Report
Element 7 will provide a fire and life safety technical report to the Fire Department,
prepared by a licensed professional engineer, to evaluate the totality of the cannabis
operation, including the certification of equipment. Said report will be approved by
the Fire Department prior to Operation.
Summary
Element 7 will continue to leverage its access to data and customer insight to stay
ahead of its competition and continue to meet consumer demand for innovation,
new products, and better manufacturing methods to produce cleaner, better tasting,
and functionally superior products.
We aim to be the most tested, taxed, trusted, controlled and compliant operator in
the industry. With concentrates and extracts being the fastest growing products in the
market, our manufacturing operations are critical to the overall growth and continued
development of the Element 7 brand.
Page 78 of 161
SITE OPERATING PLAN: POLICIES AND PROCEDURES
Element 7's Standard Operating Procedures are designed to provide step-by-step
instructions for staff performing routine and complex tasks. Our SOP's focus on
creating efficiency, quality and uniformity of output, while reducing
miscommunication and failure to comply with industry regulations and company
standards.
With an increasingly complex regulatory environment guiding our business and
industry, the development of clear guidelines and the consistent implementation of
such processes is critical to our business.
Standard Operating Procedures contained within this document are consistent
across all aspects of our business, from seed to sale, and include:
- Facility Restrictions - Hours of Operation
- Opening and Closing Procedures - Age Restriction and Verification
- Signage Policies - Advertising and Marketing Policies
- Sales Limit - Track and Trace
- Inventory Management - Data Management
- Records Retention - Auditing Procedures
- Annual Reviews - Right of Access
- Packaging Policy - Storage and Handling Policy
- Complaints, Returns & Recalls Policy - Compliance Management
- Permit Display Policy - Noise Reduction Policy
Page 79 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
SITE OPERATING POLICIES
POLICY NAME FACILITY RESTRICTIONS
APPLICABLE LAW Pursuant to the California Code of Cannabis Regulations §5039
and Article 15.6 of Chapter 2 in Division 9 of the Ukiah City Code,
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE To ensure that the Element 7 facility remains in compliance with
the City of Ukiah rules and regulations, as it relates to building
signage, advertising, on-site consumption and permit visibility.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES Facility Restrictions
Facility Restrictions
• On-site consumption of cannabis is prohibited at all times by all individuals on
the property.
• No cannabis or cannabis products or graphics depicting cannabis or
cannabis products will be visible from the exterior of the business premises, or
on any of the vehicles owned or used as part of the business.
• Each entrance will be visibly posted with a clear and legible notice indicating
that smoking, ingesting, or otherwise consuming cannabis on the premises or
in the areas adjacent to the commercial cannabis business is prohibited.
• The original copy of the commercial cannabis business permit issued by the
City will be posted inside the business premises in a location readily visible.
Page 80 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME HOURS OF OPERATION
APPLICABLE LAW Pursuant to the California Code of Cannabis Regulations §5403,
Element 7 officers, management, and staff will adhere to both
local and state laws and regulations as it relates to running a
compliant facility in the City of Ukiah.
POLICY OBJECTIVE To create a successful and fully compliant operation which allows
Element 7 to serve the needs of its patients, primary caregivers
and customers during the hours of operation.
ELEMENT 7 CORE VALUE "Consistency is Everything'
SOP PROCEDURES Hours of Operation
Pursuant to BCC and Ukiah requirements, the proposed main hours of operation for
the Facility will be between 7am and 10pm:
Dispensary Hours of Operation
7am – 8am: Opening Procedures (Dispensary) – Not Open to Public
9am – 9pm: Dispensary Operations
9pm – 10pm Closing Procedures (Dispensary) – Not Open to Public
Manufacturing Hours of Operation
8am – 8pm Manufacturing Operations
Page 81 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME OPENING AND CLOSING PROCEDURES
APPLICABLE LAW An Element 7 Internal Practice.
POLICY OBJECTIVE To ensure that Element 7 managers and staff adhere to a
streamlined system for day-to-day operations at the retail facility.
ELEMENT 7 CORE VALUE 'Consistency is Everything'
SOP PROCEDURES Daily Business Schedule
- Opening Procedures
- Mid-day Procedures
- Closing Procedures
Daily Business Schedule
The following proposed schedule represents the general daily tasks that will take
place at the business location.
Opening Procedures
• The Manager will unlock the Dispensary and Offices section of the business
each morning at 8am.
• The Manager will be accompanied by a security guard when unlocking and
entering the business (a guard will be at the premises 24 hours a day).
• Upon entering the building, the Manager will conduct the following tasks:
1. Disarm the alarm
2. Turn on all lights
3. Check the phone for messages
• The Head of Retail will be scheduled to arrive approximately 15 minutes after
the Manager. Once the employees arrive, they will be responsible for
managing their own departments and operations, reviewing inventory levels,
monitoring and checking overnight data, preparing upcoming schedules for
the day and week, and assigning employees to tasks as they arrive for work.
Mid-Day Procedures
• Throughout the work day, the manager may conduct the following tasks:
1. Assist employees with processing orders and ensuring that they are
properly designated/assigned.
2. Update the track-and-trace system as necessary.
3. Receive shipments with the assistance of another employee.
• Salespersons will be responsible providing excellent customer service and
processing orders.
• During operating hours, the security guard will be walking the perimeter of the
property and present in the facility, from time- to-time.
Page 82 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
Closing Procedures
• The General Manager will ensure that all cannabis and cannabis products
are securely stored.
• The facility be dusted, sweep, mopped, etc. as needed.
• The General Manager will ensure that all doors, safes, and vaults are locked
and secured.
• All benches and surfaces will be cleaned and wiped. All equipment will be
turned off and cleaned.
• All non-cannabis trash will be taken to the dumpster and sorted for recycling.
• All lights will be shut off.
• The General Manager will arm the alarm.
• The General Manager will lock and exit the building.
The General Manager will be accompanied by a security guard when locking and
exiting the retail store. The security guard will escort the General Manager to their
car.
Page 83 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME AGE RESTRICTION AND VERIFICATION
APPLICABLE LAW Pursuant to the California Code of Regulations §5031, §5400,
§5404 and §5415 Element 7 directors, officers and management
will adhere to both local and state laws and regulations as it
relates age restrictions at the facility in the City of Ukiah.
POLICY OBJECTIVE To protect children and young adults from entering the Element 7
facility, and ensure that all patients, primary caregivers, customers
and employees meet both the local and state age requirements.
ELEMENT 7 CORE VALUE "Make Compliance an Advantage'
SOP PROCEDURES Employee Age Restriction
Age Verification
Employee Age Restriction
• Element 7 will not employ or retain persons under 21 years of age.
Age Verification
• Electronic age verification will be utilized to determine the age of any
individual attempting to purchase cannabis goods. All employees will be
instructed on its use.
• Cannabis will not be sold to the public without electronic age verification.
• Dispensary employees will verify the age and identity of the recipient of the
cannabis goods at purchase.
• Cannabis goods will only be received by the customer. The employee will
scan the customers valid identification card and verify that the individual is 21
years of age or older.
Page 84 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME SIGNAGE POLICIES
APPLICABLE LAW Pursuant to the California Code of Regulations §5040(b); Business
and Professions Code §5200 and the City of Ukiah (Insert
ordinance) the Element 7 facility will adhere to both local and
state laws and regulations as it relates to signage in the City of
Ukiah.
POLICY OBJECTIVE To inform visitors, contractors, patients, primary caregivers,
customers and staff of Element 7' protocols both inside the facility,
and the area surrounding the facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Signage Policies
SIGNAGE POLICIES
Element 7 will install facility signage once approved by the City of Ukiah, such as the
main building sign, in a manner that clearly establishes it is a dispensary, but is not
overly obtrusive, obstructive, or offensive in nature.
The following signage will be displayed prominently within the business in
measurements of not less than 8 x 10 inches in a minimum of 24-point font, stating:
1.“The sale or diversion of cannabis or cannabis products without a license
issued by the City of Ukiah is a violation of State law and the Ukiah Municipal
Code.”
2.“Smoking, ingesting or consuming marijuana on the premises or in the vicinity
of the dispensary is prohibited.”
3.“No one under the age of twenty-one will be allowed on the premises.”
4.“The hours of operation for an authorized dispensary will be limited to
between seven a.m. (7am) to ten p.m. (10pm).”
5.“Secondary sale, barter, or distribution of cannabis or cannabis products
purchased from Element 7 is a crime and can lead to arrest.”
6.“Patrons must immediately leave the premises and not consume cannabis or
cannabis products until at home or in an equivalent private location. Staff will
monitor the location and vicinity to ensure compliance.”
7.“These premises are continually monitored by CCTV cameras.”
8.“Loitering is strictly prohibited.”
This signage is designed to ensure that customers are managed and aware that
ingesting or smoking any cannabis products in the immediate vicinity of the building
is not allowed, thus limiting the impacts on surrounding businesses, and their
concerns.
Page 85 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
Page 86 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME ADVERTISING AND MARKETING POLICIES
APPLICABLE LAW Pursuant to the California Code of Regulations §5040, §5041-
5041.1; Business and Professions Code §5200 and the City of Ukiah
(Insert ordinance) the Element 7 facility will adhere to both local
and state laws and regulations as it relates signage in the City of
Ukiah.
POLICY OBJECTIVE To compliantly market the Element 7 brand to new and existing
patients, primary caregivers and customers in the City of Ukiah.
ELEMENT 7 CORE VALUE 'Excellence in Everything We Do'
SOP PROCEDURES Ethical Advertising and Marketing
Ethical Advertising and Marketing
Element 7 will direct all advertising efforts towards cannabis customers only. The
company logo and all produced marketing materials will be non-offensive and
designed to be informative, not just about deals and product placement.
Element 7 will place advertisements strategically and deliberately and will not use
large billboards or obtrusive signage in company campaigns unless a sign permit has
been issued to the company and permitted by law.
Element 7 marketing materials will not be located within 1,000 feet of a Treatment
Center, Day Care Center, K-12th school, Youth Center, Youth-Oriented Facility, or
Public/Private Park (Ukiah Municipal Code).
In addition, Element 7 will gear its social media presence towards the responsible use
of cannabis. As such, pages will include full disclaimers that products shown are for
educational/promotional purposes, are intended for cannabis customers, and are
not for sale through the outlet on which they are shown.
Advertising and marketing of the Element 7 brand will not contain any depictions of
an individual under 21 years of age, nor will advertising and marketing be attractive
to youth (as per the Municipal Code).
All Element 7 advertisements will comply with the Ukiah Municipal Code, County,
State, and Federal Communications Commission (FCC) regulations.
Element 7 will update all ethical advertising practices to maintain compliance with
the law and address any further concerns expressed by the public as referenced
above.
Page 87 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME SALES LIMITS
APPLICABLE LAW Pursuant to the California Code of Regulations §5409 Element 7
retail staff will adhere to both local and state laws and regulations
as it relates to the daily sales limits in the City of Ukiah.
POLICY OBJECTIVE To ensure that the Element 7 retail staff are providing patients,
primary caregivers and customers with the correct amount of
cannabis or cannabis goods in compliance with local and state
laws and regulations.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Sales Limits
Sales Limits
• Element 7 will not sell no more than 28.5 grams of non-concentrated
Cannabis in a single day to a single customer.
• Element 7 will not sell no more than 8 grams of Cannabis Concentrate,
including Cannabis Concentrate contained in Cannabis Products, in a single
day to a single customer.
• Element 7 will not sell no more than 6 immature Cannabis plants in a single
day to a single customer.
• Element 7 will not sell edible Cannabis Products containing more than 10
milligrams of THC per serving.
• Element 7 will not sell edible Cannabis Products containing more than 100
milligrams of THC per package.
• Element 7 will not sell Cannabis Products that is in the shape of a human
being, either realistic or caricature, animal, insect, or fruit.
• Element 7 will not sell Cannabis-infused beverages or powder, gel, or other
concentrate with instruction for the preparation of Cannabis-infused
beverages.
• Element 7 will not provide free Cannabis or Cannabis Products to any Person.
Page 88 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME TRACK AND TRACE
APPLICABLE LAW Pursuant to the California Code of Regulations § 5048-5051;
Business and Professions Code Section 26013, 26067, 26070, 26160
and 26161.
POLICY OBJECTIVE To ensure that any cannabis handled, managed or sold by
Element 7 is tracked and traced at every point of the inventory
management process.
ELEMENT 7 CORE VALUE 'Trusted'
SOP PROCEDURES Track and Trace Operations
- Service Provider
- Track and Trace Systems Procedures
- Track and Trace Data
- Destruction and Disposal of Cannabis
- Loss of Connectivity
- System Reconciliation
Track and Trace System Provider
Element 7 uses FlowHub as its primary point-of-sale or management inventory
tracking system to track and report on all aspects of the commercial cannabis
business including, but not limited to, such matters as cannabis tracking, inventory
data, gross sales (by weight and by sale), time and date of each sale, etc.
Track and Trace Procedures
• Element 7 will have in place a point-of-sale or management inventory
tracking system to track and report on all aspects of the commercial
cannabis business including, but not limited to, such matters as cannabis
tracking, inventory data, gross sales (by weight and by sale), time and date
of each sale, etc.
• All transactions will be entered into the track and trace system by 11:59 p.m.
Pacific Time, on the day the transaction occurred.
• Element 7 will only enter and record complete and accurate information into
the track and trace system, and will correct any known errors entered into the
track and trace system immediately upon discovery.
• Element 7 will record in the track and trace system, all commercial cannabis
activity, including any:
1. Packaging of cannabis goods.
2. Sale of cannabis goods.
3. Transportation of cannabis goods to a licensee.
4. Receipt of cannabis goods.
Page 89 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
5. Return of cannabis goods.
6. Destruction and disposal of cannabis goods.
7. Laboratory testing and results.
8. Any other activity as required by any other licensing authority.
• The following information will be recorded for each activity entered in the
track and trace system:
1. Name and type of the cannabis goods.
2. Unique identifier of the cannabis goods.
3. Amount of the cannabis goods, by weight or count.
4. Date and time of the activity or transaction.
5. Name and license number of other licensees involved in the activity or
transaction.
6. If the cannabis goods are being transported Element 7 will transport
pursuant to a shipping manifest generated through the track and
trace system as well as:
a) The name, license number, and premises address of the
originating licensee.
b) The name, license number, and premises address of the licensee
transporting the cannabis goods.
c) The name, licensee number, and premises address of the
destination licensee receiving the cannabis goods into inventory
or storage.
d) The date and time of departure from the licensed premises and
approximate date and time of departure from each subsequent
licensed premises, if any.
e) Arrival date and estimated time of arrival at each licensed
premises.
f) Driver’s license number of the personnel transporting the
cannabis goods, and the make, model, and license plate
number of the vehicle used for transport.
Destruction and Disposal of Cannabis
● If cannabis goods are being destroyed or disposed of, the licensee will record
in the track and trace system the following additional information:
Page 90 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
1. The name of the employee performing the destruction or disposal.
2. The reason for destruction or disposal.
3. The name of the entity being used to collect and process cannabis
waste.
● Description for any adjustments made in the track and trace system,
including, but not limited to:
1. Spoilage or fouling of the cannabis goods.
2. Any event resulting in exposure or compromise of the cannabis goods.
3. Any other information as required by any other applicable licensing
authorities.
Loss of Access
● If at any point Element 7 loses access to the track and trace system for any
reason, Element 7 will prepare and maintain comprehensive records detailing
all commercial cannabis activities that were conducted during the loss of
access.
● The licensee will both document and notify licensing authorities immediately:
1. When access to the system is lost;
2. When it is restored; and
3. The cause for the loss of access.
● Element 7 will submit the Notification and Request Form, BCCLIC-027 when
connectivity is lost.
● Once access is restored, all commercial cannabis activity that occurred
during the loss of access will be entered into the track and trace system within
three (3) business days of access being restored.
● Element 7 will not transport, transfer or deliver any cannabis goods until such
time as access is restored and all information recorded in the track and trace
system.
System Reconciliation
Element 7 will reconcile the physical inventory of cannabis goods at the licensed
premises with the records in the track and trace database at least once every 14
days. If Element 7 finds a discrepancy between its physical inventory and the track
and trace system database, the licensee will conduct an audit.
Page 91 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME CANNABIS INVENTORY CONTROL POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5423-5324
Element 7 management and staff will adhere to both local and
state laws and regulations as it relates to inventory control in the
City of Ukiah.
POLICY OBJECTIVE To ensure that any cannabis handled, managed or sold by
Element 7 is managed and accounted for in the most efficient
and effective manner possible.
ELEMENT 7 CORE VALUE 'Consistency'
SOP PROCEDURES Inventory Control
- Inventory Control Practices
- Monthly Inventory Procedure
- Inventory Discrepancies
Inventory Control Practices
● Element 7 will be using industry specific tracking software – preferred choice is
FLowHub and METRC, the State approved tracking system. To the extent any
employee will be using the system, employees will be trained and given a
specific passcode to access the system. An employee must NEVER share or
disseminate the passcode to any third party or other employee. An employee
must NEVER allow another employee to access the inventory control system
with their unique passcode.
● The Data Management System is designed to track data in each phase that
is carried forward throughout the entire process chain of the seed-to-sale
system - growth, harvesting, processing, packaging, order fulfilment, shipping,
sale & payment of the medical cannabis, so that the medical cannabis can
be traced forward through the entire process and backward from the point
of sale back to the clone and mother from which the product was produced.
● The software and backup data assures instant access to all information that
has been gathered and maintained. The system is specifically designed to
record and report information to prevent diversion of the products and theft
while maintaining product quality, product consistency, making the
employees accountable for the tasks they undertake, while simultaneously
providing all regulatory information quickly and efficiently, and providing
management with key information and storing such information for the
requisite time periods.
● All cannabis will be kept in a safe, locked access-controlled area. This area
will have the highest and tightest security restrictions in the Facility and will
only be accessible by the Shift Manager and General Manager. No other
persons will be allowed to access this room at any time, without exceptions.
Employee theft and/or diversion of medical cannabis, regardless of the
amount, is grounds for immediate termination and will not be tolerated.
Offenders will be reported to the Police.
Page 92 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
Monthly Inventory Audits
On the first of each month a complete inventory audit according to generally
accepted accounting principles of usable and unusable medical marijuana will be
taken by the inventory control manager and documented in the inventory log. All
usable and unusable products will be accounted for.
Inventory Discrepancies
●Element 7 will verify that the physical inventory at the facility is consistent with
the its records pertaining to inventory. If for any reason the inventory counts
do not match those entered into the database due to suspected criminal
activity by an employee, Element 7 will immediately contact local law
enforcement authorities and the Bureau.
●Inventory discrepancies not due to criminal activity will be documented by
the General Manager. Element 7 will investigate the source of the difference,
those suspected to be involved and take and document corrective action.
●Inventory counts are taken very seriously and any discrepancy in numbers is
of the utmost importance to Element 7.
●All documentation of inventory count discrepancy will be available to the
General Manager, the Head of Security and relevant external Tax Authorities.
Records Retention
●All cannabis inventory including each day’s beginning inventory, acquisitions,
sales, disbursements, disposal of unusable cannabis, and ending inventory will
be taken daily.
●All daily, weekly and monthly inventory logs will be kept at the Delivery facility
for 5 (five) years from the date of the document and will be available to the
City for review upon request.
Page 93 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME DATA MANAGEMENT
APPLICABLE LAW Pursuant to the California Code of Regulations §5048 and §5051
in association with an Element 7 Internal Policy. Element 7
management and staff will adhere to both local and state laws
and regulations as it relates to data management in the City of
Ukiah
POLICY OBJECTIVE To ensure that privacy records, financial records, cost tracking
and analysis, inventory levels and compliance data are safely
and securely stored within the cloud software.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Data Management
Data Reconciliation
Data Management
Data will be stored by Element 7 using industry specific cloud storage software. Our
first priority is to ensure that such system provides secure electronic access to health
data that is compliant with privacy rules and HIPAA Compliance (Health Insurance
of Portability and Accountability Act). HIPAA Compliance ensures that data could
never be released without either the patients written consent or by court subpoena.
Data is stored at an off-site HIPAA-Compliant Data Storage Centre and is SSL
Encrypted.
Specifically, we will also ensure that any Data Storage and Web-Hosting Services
have:
1. A signed Business Associate Agreement (BAA)
2. Monthly vulnerability scans of your servers
3. Mitigation of the vulnerabilities discovered by the monthly vulnerability scans
4. Server hardening
5. Off-site backups
6. Log retention of 6 years
A licensed CFO is retained and employed by Element 7 to ensure that appropriate
financial systems, policies, procedures and accounts are maintained accurately by
the Company. GAAP Accounting Procedures shall be used. An independent and
certified 3rd party auditor shall also be appointed for annual accounting
compliance and audit checks.
Data Reconciliation
The key is to gather information at specific points in the process and then reconcile
that information such that the continuous flow and custody of the cannabis product
can be monitored and measured. Such information is used at two levels.
• First, for regulatory reporting purposes.
• Second, as a management tool for making important decisions about the
overall efficiency of the operation.
Page 94 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
To that end, information such as cost tracking and analysis, inventory levels and
compliance data is entered into the Data Management System and recorded. Any
differences between expected and actual values or counts are immediately
highlighted and addressed. Further, using various software privileges, individual
employees are held accountable for their tasks and any issues that may arise in
fulfilling those tasks. Each employee is given a specific password, such that his/her
work input can be monitored and corrected, if necessary.
The software systems have a redundancy of backup. Data is stored in secured
hardware off-site cloud storage servers (HIPAA-Compliant process), using the latest
in encryption technology. All data collected is time and date specific, identified by
the employee inputting the data and stored for at least the time required by the
State rules. Further, backup data is taken at regular intervals and stored off-site in
secondary secure locations using portable hard drives. The result is a highly secure,
data processing system with redundancy of operations and storage built in.
Page 95 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME RECORDS RETENTION
APPLICABLE LAW Pursuant to California Code of Regulations §5037 and §5426.
Element 7 management and staff will adhere to both local and
state laws and regulations as it relates to record retention in the
City of Ukiah.
POLICY OBJECTIVE To ensure that Element 7 management, officers and employees
keep and consistently maintain all records related to commercial
cannabis activity at the premises.
ELEMENT 7 CORE VALUE 'Accountability'
SOP PROCEDURES Record Overview
- Record Retention
- Employee Records
- Records Management
Records Retention
Element 7 will keep and maintain the following records related to commercial
cannabis activity for at least seven years:
● Financial Records including, but not limited to, bank statements, sales
invoices, receipts, tax records, and all records required by the California
Department of Tax and Fee Administration.
● Personnel Records including each employee’s full name, social security or
individual taxpayer identification number, date employment begins, and
date of termination of employment if applicable.
● Training Records including but not limited to the content of the training
provided, and the names of the employees that received the training.
● Contracts with other licensees regarding commercial cannabis activity,
including the source(s) of all products.
● Permits, Licenses, and Other Local Authorizations to conduct the licensee’s
commercial cannabis activity.
● Security Records except for surveillance.
● Cannabis Records relating to the composting or destruction of cannabis
goods.
● Documentation for Data or information entered into the track and trace
system.
Page 96 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
● Other Documents prepared or executed by an owner or his employees or
assignees in connection with the licensed commercial cannabis business.
● Accurate Books and Records in an electronic format, detailing all of the
revenues and expenses of the business, and all of its assets and liabilities.
● Employee Register containing the names and the contact information
(including the name, address, and telephone number) of anyone owning or
holding an interest in Element 7, and separately of all the officers, managers,
employees, and agents currently employed or otherwise engaged by
Element 7.
● Accurate Record of Sale for every sale made to a customer. A record of a
cannabis goods sale will contain the following information:
a) The first name and employee number of the retailer employee who
processed the sale;
b) The first name of the customer and a retailer assigned customer
number for the person who made the purchase;
c) The date and time of the transaction;
d) A list of all the cannabis goods purchased, including the quantity
purchased; and
e) The total amount paid for the sale including the individual prices paid
for each cannabis good purchased and any amounts paid for taxes.
Employee Records
Element 7 will keep the following records of each of its employees on file at the
premises of the business:
● Name, address, and phone number of the employee;
● Age and verification of employee. A copy of a birth certificate, driver's
license, government issued identification card, passport or other proof that
the employee is at least twenty- one (21) years of age must be on file with the
business;
● A list of any crimes enumerated in California Business and Professions Code
Section 26057(b)(4) for which the employee has been convicted;
● Name, address, and contact person for all previous employers of the
employee for the last ten (10) years, including, but not limited to, all
Page 97 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
employers from which the employee was fired, resigned, or asked to leave
and the reasons for such dismissal or firing;
● The fingerprints and a recent photograph of the employee;
● Verification that the employee is a qualified customer or primary caregiver, if
applicable.
Financial Records
An appropriate Financial Software (e.g., QuickBooks) shall be installed and
mandated for use by Element 7 with all revenues, expenses, assets and liabilities,
accounted for. Annual records (or as requested) shall be made available to the City
detailing all sales revenue on a per month basis. Taxes shall be estimated at agreed
City rates and paid on time to all Local and State Tax Authorities.
Records Management
Records will be kept in a manner that allows the records to be produced for
licensing authorities at the licensed premises in either hard copy or electronic form.
Records shall be maintained off-site, in electronic form on a secure SLL-encrypted
server and secured and verified by the Head of Compliance for Element 7 as
needed (consistent with requirements pertaining to patient confidentiality pursuant
to applicable state and federal law).
All records required to be maintained by the business will be maintained for no less
than three (3) years and are subject to immediate inspection by approved City
Officials.
Page 98 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME AUDITING PROCEDURES
APPLICABLE LAW Pursuant to the California Code of Regulations §5800 (c-e) and
Element 7 Internal Policies. Element 7 officers, management and
staff will adhere to both local and state laws and regulations as it
relates to auditing procedures in the City of Ukiah.
POLICY OBJECTIVE To ensure accuracy of Element 7' systems and processes at the
licensed facility in the City of Ukiah.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Auditing Procedures
- Internal Auditing
- External Auditing
- City Audit Access
Internal Auditing
A dedicated and full-time internal audit, regulation and compliance management
team will ensure that all operations are in adherence to both City and State Laws
regarding all aspects of the cannabis operations.
Any standards will meet or exceed City and State Regulations and any changes
must be approved by the Head of Compliance.
External Auditing
A dedicated third-party group (Marcum Group) has been appointed to conduct an
annual audit of Element 7's financial records.
City Audit Access
Element 7 will fully cooperate with City officials in a timely and efficient manner to
allow the City to have access to its books, records, accounts, together with any
other data or documents relevant to its Commercial Cannabis Activities, for the
purpose of conducting an audit or examination. Books, records, accounts, and any
and all relevant data or documents will be produced no later than 24 hours after
receipt of the City’s request, unless otherwise stipulated by the City.
Page 99 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME ANNUAL REVIEWS
APPLICABLE LAW An Element 7 Internal Policy.
POLICY OBJECTIVE To provide transparency to the City of Ukiah as it relates to
Element 7' internal processes, records, community engagement,
security measures, labor and employment and site management
at the facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Annual Review
Annual Review
Element 7 will submit an Annual Performance Review Report for review and approval
by the City Manager, Development Services Director, and Head of Planning at the
City of Ukiah.
This Annual Performance Review Report will cover all financials, labor and
employment, community engagement, localization initiatives, security measures
and initiatives, odor control initiatives, environmental initiatives and site
management procedures implemented and executed by Element 7.
Page 100 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME RIGHT OF ACCESS
APPLICABLE LAW Pursuant to the California Code of Regulations §5800 (c-e) and
Element 7 Internal Policies. Element 7 officers, management and
staff will adhere to both local and state laws and regulations as it
relates to right of access in the City of Ukiah.
POLICY OBJECTIVE To provide transparency to the City of Ukiah as it relates to
Element 7 granting full access to the premises and records at the
facility.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Right of Access
Right of Access
Element 7 understands that the company is required to allow City officials,
employees, and their designees full access to the premises and records as per the
Ukiah Municipal Code.
Page 101 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME PACKAGING POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5303 and §5412-
5413. Element 7 management and staff will adhere to both local
and state laws and regulations as it relates to packaging in the
City of Ukiah.
POLICY OBJECTIVE To ensure packaging is compliant throughout the entire life-cycle
of the cannabis and/or cannabis product.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Packaging Overview
- Packaging Practices: Dispensary and Delivery Operations
- Packaging Practices: Distribution Operations
- Packaging Practices: Manufacturing Operations
Label Content for Cannabis and Cannabis-Derived Products
Informational Panel Labeling
Child-resistant Packaging
New and First-Time Cannabis Users (Additional Packaging)
Packaging Regulations
All packaging will meet the requirements of California Business and Professions Code
section 19347 and as a best practice, Element 7 will also meet the packaging
requirements as outlined by the following standards:
• Poison Prevention Packaging Act (PPPA), Title 16, Part 1700;
• Code of Federal Regulations, Title 40, part 157.2; and
• American Society for Testing and Materials (ATSM) D3475-15.
Packaging Practices: Dispensary Operations
● Any edible cannabis or edible cannabis products sold on-site shall be
labelled and placed in tamper-evident packaging which meets the
requirements of the Bureau of Cannabis Control (BCC) as may be amended
from time-to-time or superseded or replaced by subsequent State legislation
or by any department or division of Ukiah.
● All items to be sold or distributed shall be individually wrapped at the original
point of preparation by the business permitted as a commercial cannabis
manufacturer. Labeling must include a warning if nuts or other known
allergens are used, and must include the total weight (in ounces or grams) of
cannabis in the package.
● A warning that the item is a medication and not a food will be clearly legible
on the front of the package and/or must comply with state packing
requirements.
Page 102 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
● The package will have a label warning that the product is to be kept away
from children. The label will also state that the product contains cannabis and
must specify the date of manufacture.
● Any edible cannabis product that is made to resemble a typical food
product must be in a properly labelled opaque (non-see-through) package
before it leaves the commercial cannabis manufacturing business.
Packaging Practices: Manufacturing Operations
A package used to contain a cannabis product will adhere to the following
requirements:
o The package will protect the product from contamination and will not expose
the product to any toxic or harmful substance.
o The package will be tamper-evident, which means that the product will be
packaged in packaging that is sealed so that the contents cannot be
opened without obvious destruction of the seal.
o The package will be child-resistant. A package will be deemed child-resistant
if it satisfies the standard for “special packaging” as set forth in the Poison
Prevention Packaging Act of 1970 Regulations (16 C.F.R. §1700.1(b)(4)) (Rev.
December 1983), which is hereby incorporated by reference.
o The package will not imitate any package used for products typically
marketed to children.
o If the product is an edible product, the package will be opaque.
o If the package contains more than one serving of cannabis product, the
package will be re-sealable so that child-resistance is maintained throughout
the life of the package.
Label Content for Cannabis and Cannabis-Derived Products
• Each packaged and labeled product must bear on the label of its primary
packaging in a type size no less than 6 point:
o The identity of the product in a text size reasonably related to the most
prominent printed matter on the panel;
o The universal symbol as prescribed in Section 40412;
o The net weight or volume of the contents of the package;
o The THC content and CBD content for the package in its entirety,
expressed in milligrams per package;
o Name and place of business of the manufacturer or distributor.
• In addition to the above requirements, for edible products, each product
label must contain a "Product Facts" box listing quantitative content and
Page 103 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
nutrient information relevant to the product, including, as applicable to the
product’s content:
o The words “cannabis-infused” immediately above the identity of the
product in bold type and a text size larger than the text size used for
the identity of the product.
o The THC content and CBD content per serving, expressed in milligrams
per serving.
Informational Panel Labeling
The label for a cannabis product will include an informational panel that includes
the following:
● The licensed manufacturer and its contact number or website address;
● The date of the cannabis product’s manufacture and packaging;
● The following statement in bold print: “GOVERNMENT WARNING: THIS
PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE.
KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY
ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER
UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF
CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE
WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF
CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE
MACHINERY. PLEASE USE EXTREME CAUTION.”
● If the cannabis product is intended for sale in the medicinal-use market, the
statement “FOR MEDICAL USE ONLY;”
● A list of all product ingredients in descending order of predominance by
weight or volume;
● If the edible cannabis product contains an ingredient, flavoring, coloring, or
an incidental additive that bears or contains a major food allergen, the word
“contains,” followed by a list of the applicable major food allergens;
● If an edible cannabis product, the names of any artificial food colorings
contained in the product;
● If an edible cannabis product, the amount, in grams, of sodium, sugar,
carbohydrates, and total fat per serving;
● Instructions for use, such as the method of consumption or application, and
any preparation necessary prior to use;
● The product expiration date, “use by” date, or “best by” date, if any; and
● The UID and, if used, the batch number.
Page 104 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
Child Resistant Packaging
● Element 7 will draw its definition for child-resistant packaging from the PPPA.
The Act defines child-resistant packaging as “designed or constructed to be
significantly difficult for children under five years of age to open and not
difficult for normal adults to use properly.”
● Prior to delivery by or sale at Element 7, BudTenders and Dispatch staff will
package cannabis products in tamper-proof, child-resistant packaging, then
label the packages. Labels will include a unique identifier, which will originate
from manufacturers and cultivators for the purpose of identifying and tracking
medical and adult-use cannabis.
● Child-resistant packages will not be attractive to children, nor will any
package be sold that is not child-resistant, unless otherwise exempted by
regulation. Milkman will only use generic food names on labels to describe
edible medical cannabis products.
New and First-Time Cannabis Users (Additional Packaging)
Each package of medical cannabis sold will include a patient educational-safety
insert. The insert will advise patients and customers on the following:
● Method or methods of administering individual doses of medical cannabis;
● Any potential dangers stemming from the use of medical cannabis;
● How to recognize what may be problematic usage of medical cannabis and
how to obtain treatment for problematic usage;
● The side effects and contraindications associated with medical cannabis, if
any, which may cause harm to the patient; and
● How to prevent or deter the misuse of medical cannabis by children.
It is a primary goal of Element 7 to ensure that all patients, caregivers and customers
are fully informed about their medicine and cannabis. Element 7 BudTenders will
welcome any question or potential concerns they have about information
contained on labels and inserts, including how to access company information in
languages other than English. Element 7 will contract with a translation service and
use translation software to create safety inserts for patients in multiple languages.
Providing multi-lingual services to all customers will ensure that Element 7 operates
with a spirit of inclusiveness and patient-focused care.
Page 105 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME STORAGE AND HANDLING POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5033,§5044(c)(2),
§5301. Element 7 management and staff will adhere to both
local and state laws and regulations as it relates to storage and
handling in the City of Ukiah.
POLICY OBJECTIVE To ensure cannabis and cannabis products are safe and secured
in order to protect against deterioration, contamination and
product diversion.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Storage Procedures
- Storage and Handling
- Withholding Materials from Use or Distribution
Storage Procedures
● Element 7 will store all cannabis and cannabis goods in a safe, vault, or
secured room in order to prevent diversion, theft, or loss.
● Element 7 will store cannabis goods in a building designed to permit control
of temperature and humidity and will prevent the entry of environmental
contaminants such as smoke and dust.
● The area in which cannabis goods are stored will not be exposed to direct
sunlight.
● Element 7 will not store cannabis goods outdoors.
Storage and Handling
• Components, packaging components, in-process materials, and products
must at all times be handled, stored, and distributed in a manner to avoid
deterioration, prevent contamination, and avoid mix-ups. Where necessary,
appropriate conditions of temperature, humidity, and light must be
established and maintained so that the identity, purity, strength, and
composition of components, in-process materials, and products are not
affected, and that adulteration is prevented.
• Containers of components, packaging components, in-process materials,
and product must be stored off the floor and suitably spaced to permit
cleaning and inspection.
• Components, in-process materials, and products that can support the rapid
growth of microorganisms of public health significance must be held in a
manner that prevents them from becoming adulterated.
• Labels, labeling, cannabis, cannabis-derived products, and cannabis waste
must be stored in a controlled access area.
Page 106 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
• Components, packaging components, and products must be used or
distributed in a manner whereby the oldest batches or lots are used or
distributed first. Deviation from this requirement is permitted if such deviation is
temporary and appropriate.
Withholding Materials from Use or Distribution
• Manufacturing, packaging, and labeling operations must establish and
implement written procedures for quarantine of any lot, batch, or other
portion of component, packaging component, in-process material, or
product whose suitability for use or distribution is in question, to prevent its use
and distribution pending disposition by quality control personnel. This includes:
o Newly received components and packaging components for use in
manufacturing, packaging and/or labeling;
o Batches newly completed in production;
o Product returned to the operation for any reason;
o Components, packaging components, in-process materials, or
products that are or may be contaminated or adulterated; or
o Components, packaging components, in-process materials, or
products that are under investigation by quality control personnel for
any other reason.
• Rejected components, packaging components, in-process materials, finished
product, cannabis waste, and rejected labels and labeling (including any
excess labeling bearing lot, batch, or control numbers which is not
immediately destroyed after packaging operations are complete) must be
appropriately segregated, controlled, and held in a controlled access area
pending destruction or other disposal.
• Cannabis waste other than cannabis and cannabis-derived product that is
rejected and returned to the vendor, and rejected labels and other labeling,
must be destroyed in a manner which prevents unauthorized use. Destruction
of any cannabis waste must be documented and witnessed by at least two
workers, one of whom must be supervisory, managerial, or quality control
personnel; except that if video surveillance is used, only one worker is
necessary. Destruction may include composting.
Page 107 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME COMPLAINTS, RETURNS AND RECALL POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5410 Element 7
management and staff will adhere to both local and state laws
and regulations as it relates complaints, returns and recalls at the
facility in the City of Ukiah.
POLICY OBJECTIVE To provide a high level of customer service to patients, primary
caregivers and customers who may want to complain or return
cannabis /cannabis products purchased at our facility. In the
event of a recall, Element 7 management and staff will be able
to execute the process seamlessly by adhering to this policy.
ELEMENT 7 CORE VALUE 'Trust is Earned, Not Given'
SOP PROCEDURES Customer Satisfaction
- Complaints
- Returned Products
- Recall Procedures
KPI's - All complaints must be acknowledged within 24-hours of
receiving such complaint.
- All complaints must be dealt with and completed within 72-
hours of receiving such complaint.
CUSTOMER SATISFACTION
Element 7 has a complaint, returns, and recalls policy that is fair, just, and flexible
(where needed) to deal with customer issues immediately. The policy has been
designed to put customers first and adapt to the numerous circumstances where
required to ensure that our patients and customers are managed fairly and justly.
The policy is rigid where it needs to be, particularly in relation to Product Recalls
where there is minimal, or no, flexibility for front-line retail sales staff.
Complaints
• Element 7 appoints the General Manager as the qualified person that will
receive all customer complaints. The General Manager must notify Element
7's Head of Compliance within 12-hours of any complaint by completing a
"Complaint Notice" form which records the time, date, name, location and
situation, regarding where the complaint was received (eg., phone, in-store,
online etc.)
• Once a complaint is received, Element 7's Head of Compliance (Amber
Norwood) will determine the following:
o Receive and review product complaints to determine whether the
product complaint involves a possible failure of a product to meet any
of its specifications, or any other requirements, including but not limited
to those specifications and other requirements that, if not met, may
result in a risk of illness or injury; and
Page 108 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
o Investigate any product complaint that involves a possible failure of a
product to meet any of its specifications, or any other requirements of
this part, including but not limited to those specifications and other
requirements that, if not met, may result in a risk of illness or injury.
• The Head of Compliance is responsible for sending an initial 'Complaint
Received' note to the person that made the complaint. Our Internal KPI for
sending this note is within 24-hours of the complaint being received.
• The Head of Compliance will review and approve decisions about whether to
investigate a product complaint and review and approve the findings and
follow-up action of any investigation performed. This will be managed weekly
in coordination with the General Manager for the Facility where the
complaint was received.
• The review and investigation of the product complaint, and the review by the
Head of Compliance about whether to investigate a product complaint, and
the findings and follow-up action of any investigation performed, must extend
to all related batches and relevant records. Related batches may include,
but are not limited to, batches of the same product, other batches processed
on the same equipment or during the same time period, or other batches
produced using the same batches or lots of components or packaging
components.
• A written record of the complaint, and where applicable, its investigation
must be kept, including:
o Identity of the product;
o Batch, lot or other control number of the product;
o Date the complaint was received and the name, address, or
telephone number of the complainant, if available;
o Nature of the complaint including, if known, how the product was
used;
o Names of personnel who do the following:
(i) Review and approve the decision about whether to investigate
a product complaint;
(ii) Investigate the complaint, and
(iii) Review and approve the findings and follow-up action of any
investigation performed.
o Findings of the investigation and follow-up action taken when an
investigation is performed; and a Response to the complainant, if
Page 109 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
applicable, which should be sent no later than 72-hours after the
complaint was received.
• The procedure for a product complaint that includes a report of an adverse
event (an adverse event is a health-related event associated with use of a
product that is undesirable, and that is unexpected or unusual), includes the
following:
o Reporting to any public health authority;
o Reporting to the physician of record for the individual reported to have
experienced the adverse event, if known; and
o Product recall.
Returned Products
• Manufacturing, packaging, and/or labeling operations must establish written
procedures describing the receipt, handling, and disposition of returned
cannabis or cannabis-derived products.
• Returned products must be identified as such and be quarantined upon
receipt.
• Returned product must be reviewed and approved or rejected by quality
control personnel.
• If the conditions under which returned product has been held, stored, or
shipped before or during its return, or if the condition of the product, its
containers, or labeling, as a result of storage or shipping, casts doubt on the
identity, purity, strength, composition, or freedom from contamination or
adulteration of the product, the returned product will be rejected unless
examination, testing, or other investigations prove the product meets
appropriate standards of identity, purity, strength, and composition and its
freedom from contamination or adulteration.
• If the reason a product is returned implicates associated batches, an
appropriate investigation must be conducted and must extend to all related
batches and relevant records. Related batches may include, but are not
limited to, batches of the same product, other batches processed on the
same equipment or during the same time period, or other batches produced
using the same components or packaging components. (f) Rejected
returned product returned to the manufacturing, packaging, labeling, and
holding operation must be destroyed as per section 7.3(c).
• A written record must be kept of the return, and where applicable its
investigation, including:
o Identity of the product;
o Batch, lot or other control number of the product;
Page 110 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
o Date the returned product was received;
o Name and address from which it was returned, and the means by
which it was returned;
o Reason for the return;
o Results of any tests or examinations conducted on the returned
product, or on related batches, if any;
o Findings of the investigation and follow-up action taken when an
investigation is performed;
o Any reprocessing performed on the returned product;
o The ultimate disposition of the returned product, and the date of
disposition; and
o Names of the quality control personnel who do the following:
(i) Review the reason for the product return;
(ii) Review and approve any reprocessing, as applicable, and
(iii) Review and approve the findings and follow-up action of any
investigation performed.
Recall Procedures
• Element 7 will establish and implement written procedures for recalling
cannabis products manufactured at the facility that are determined to be
misbranded or adulterated. These procedures will include:
o Factors which necessitate a recall;
o Personnel responsible for implementing the recall procedures; and
o Notification protocols, including:
(i) A mechanism to notify all customers that have, or could have,
obtained the product, including communication and outreach
via media, as necessary and appropriate;
(ii) A mechanism to notify any licensees that supplied or received
the recalled product; and
(iii) Instructions to the general public and/or other licensees for the
return and/or destruction of recalled product.
o Procedures for the collection and destruction of any recalled product. Such
procedures will meet the following requirements:
Page 111 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
(i) All recalled products that are intended to be destroyed will be
quarantined for a minimum of 72 hours. The licensee will affix to
the recalled products any bills of lading, shipping manifests, or
other similar documents with product information and weight.
The product held in quarantine will be subject to auditing by the
Department.
(ii) Following the quarantine period, the licensee will render the
recalled cannabis product unusable and unrecognizable and
will do so on video surveillance. A recalled cannabis product
that has been rendered unusable and unrecognizable is
considered cannabis waste and shall be disposed of.
(iii) Element 7 shall dispose of chemical, dangerous, or hazardous
waste in a manner consistent with federal, state, and local laws.
This requirement shall include but is not limited to recalled
products containing or consisting of pesticide or other
agricultural chemicals, solvents or other chemicals used in the
production of manufactured cannabis batches, and cannabis
soaked in a flammable solvent for the purpose of producing
manufactured cannabis batches.
(iv) Element shall not dispose of recalled cannabis product in an
unsecured area or waste receptacle that is not in the possession
and/or control of Element 7.
In addition to the tracking requirements, Element 7 shall use the track-and-trace
database and on-site documentation to ensure that recalled cannabis products
intended for destruction are identified, weighed, and tracked while on the licensed
premises and when disposed of. For recalled cannabis products, Element 7 shall
enter the following details into the track and trace database: the weight of the
product, reason for destruction, and the date the quarantine period will begin.
Lastly, Element 7 shall notify the Department of any recall within 24 hours of initiating
the recall.
Page 112 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME COMPLIANCE MANAGEMENT
APPLICABLE LAW An Element 7 Internal Policy.
POLICY OBJECTIVE To ensure all requirements for operating a compliant cannabis
operation in the City of Ukiah are implemented properly and are
in alignment with the City's requirements.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Managing Compliance with Local and State Laws
Managing Compliance with Local and State Laws
The General Manager is the head of the business and all commitments thereunder
including ensuring that all commitments to the City and State are being met.
Element 7 will ensure that all obligations, taxes, fees and other operational
procedures are in place.
Specifically, the General Manager will also ensure the following compliance
measures take place:
• Providing all necessary information and reports to local and state regulatory
agencies;
• Monitoring reports from the inventory control system;
• Tracking any discrepancies between known or expected values, counts,
weights or other information back to the source of the error;
• Providing input and implementing changes to protocols to correct errors,
and/or other deficiencies in the Facility operations;
• Monitoring shipping manifests, inventory levels, inventory weight amounts,
and other seed to sale tracking information;
• Interfacing with Security;
• Engaging local counsel when necessary; and
• Any other responsibilities required by management.
Page 113 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME PERMIT DISPLAY POLICY
APPLICABLE LAW Pursuant to the California Code of Regulations §5039 and the City
of Ukiah (Insert City Code) Element 7 management will comply
with both local and state regulations pertaining to the display of
permits and department licenses.
POLICY OBJECTIVE To ensure that all local and state permits and licenses are
properly displayed at the facility, in a manner requested by both
licensing authorities.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Permit Display
Permit Display
The original copy of any Cannabis Business Permit issued by the City pursuant to the
City of Ukiah Cannabis Ordinance, will be posted adjacent to the Lobby Entrance
located at the Facility (Ukiah 5.19.080 (M)).
Element 7 understands that Permits will be required to renew every 12 months with
both the City of Ukiah and State of California.
Filings will be placed at least 60 days before the existing Permit expires.
All applicable planning, zoning, building, and other applicable permits from the
relevant governmental agency which may be applicable to the zoning district in
which such commercial cannabis business intends to establish and to operate will
be obtained by Element 7 prior to any operations commencing.
Page 114 of 161
ELEMENT 7: SITE OPERATING PLAN: POLICIES AND PROCEDURES
POLICY NAME NOISE REDUCTION POLICY
APPLICABLE LAW Pursuant to the Business and Professions Code §5808 (c)(2) and
Element 7 Internal Policies.
POLICY OBJECTIVE To create a peaceful and enjoyable environment around the
Element 7 facility. Element 7 management and staff will be good
stewards and neighbors in the Ukiah community.
ELEMENT 7 CORE VALUE 'Make Compliance an Advantage'
SOP PROCEDURES Noise Reduction
Noise Reduction Policy
Element 7 has made plans to address concerns about noise emanating from its
facility. Element 7 will favor equipment that makes minimal noise in its facility and will
utilize other sound-dampening technologies.
Many of the security features Element 7 will use in the facility (such as reinforced
doors, windows, and walls) have the added bonus of being sound-dampening as
well.
Element 7 will design the facility so that any loud equipment in continuous use (such
as the air-filtration system) is located inside the building, on the roof, or properly
sound-proofed in order to minimize any disturbance it may cause neighbors.
Element 7's store hours will also serve to minimize the noise caused by customer
traffic, and all public events held by the company will take place, with city
permission, inside its facility during their normal business hours.
Element 7 will update all noise reduction practices to maintain compliance with the
law and address any further concerns expressed by the public.
Page 115 of 161
Attachment 4Page 116 of 161
Page 117 of 161
Page 118 of 161
Page 119 of 161
Page 120 of 161
Page 121 of 161
Page 122 of 161
Page 123 of 161
Page 124 of 161
Page 125 of 161
1
Mireya Turner
From:Keith Gronendyke <gronendykek@mendocinocounty.org>
Sent:Thursday, March 26, 2020 4:50 PM
To:christopher@e7ca.com
Cc:Mireya Turner
Subject:Re: Fwd: Mendocino County request for ALUC application review
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe.
Good Afternoon Chris,
Actually, I talked with the Chief Planner this afternoon and she did confirm that under Section 1.4.4 of the Mendocino
County Airport Comprehensive Land Use Plan, it states in part: "The Airport Land Use Commission must respond to a local
agency's request for a consistency determination on a project within 60 days of referral. If the Commission fails to make the
determination within that time period, the proposed action shall be deemed consistent with the Airport Land Use
Compatibility Plan..." Since your project was accepted and date stamped January 31, 2020 and the next hearing date is not
until April 2, 2020, which is past the 60 day period, your project will not be required to have a public hearing and will be
deemed consistent on March 31, 2020. I can compose a letter stating this, or if you want, you can accept this email as
evidence of consistency. Let me know. Your next step is to contact the City of Ukiah's Planning Department and continue
their process. I have included Mireya Turner, City of Ukiah planner, to receive this email as well. If you have any questions,
please contact me again.
Thank You,
Keith Gronendyke
Mendocino County
Planner III
>>> Christopher Bloom <christopher@e7ca.com> 3/26/2020 4:04 PM >>>
Great, thank you for the update.
Chris
On Thu, Mar 26, 2020, 4:04 PM Keith Gronendyke <gronendykek@mendocinocounty.org> wrote:
Good Afternoon Christopher,
I will be discussing this with the Chief Planner tomorrow. If you want to contact me in the afternoon, I can let you know
what I found out.
Thanks,
Keith Gronendyke
Mendocino County
Planner III
Attachment 5
Page 126 of 161
Item 12a Public CorrespondencePage 127 of 161
Item 12a Public CorrespondencePage 128 of 161
Item 12aPublic CorrespondencePage 129 of 161
Page 130 of 161
Page 131 of 161
March 30, 2020
City of Ukiah
Planning Manager
planning@cityofukiah.com
300 Seminary Avenue
Ukiah, CA 95482
RE: Minor Subdivision Application
589 N School St, Ukiah, CA 95482
APN: 002-146-01
File Number: 19-4992
Community Development and Planning Department,
This letter is in support of the proposed subdivision at 589 N School St, as
proposed. Please add this to the file for the record.
The current parcel is ±0.60 acres at 26,136 sf. The proposed Parcel 1 is 6,161 sf,
Parcel 2 is 6,254 sf, and Parcel 3 is 13,781 sf. All of the lots exceed the City's
Zoning Code for R-1 parcel size requirements of 6,000 sf. It is also in accord with
the City's Housing Element of the General Plan which allows 7 dwelling units
maximum per acre of density requirements.
The City's land use policy has long opposed sprawl onto unincorporated and
especially ag lands, and has encouraged infill development as the responsible
approach to growth. For more than twenty-five years through community
workshops and City Council approved initiatives the City has made it a General
Plan Goal to increase density in the core of Ukiah and support infill development
which reduces automobile use and promotes a more walkable, bikeable
community.
With the well-recognized housing crisis so frequently in the news and the topic of
conversations throughout the valley, this proposed subdivision is a poster child
for these important infill growth policies and should be encouraged in all our
residential neighborhoods, not opposed.
Respectfully,
Alan Nicholson
P.O. Box 577
Talmage, CA. 95481
707. 972. 8879
Item 12a
Public
Correspondence
Page 132 of 161
1
Mireya Turner
From:Dora Briley <dwbriley180@pacific.net>
Sent:Saturday, April 11, 2020 1:09 PM
To:Mireya Turner
Subject:file 19-4434 Public Hearing for 441 N. State St.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi Mireya,
I'm reading the public hearing notice for the proposed permit of Element
7 Ukiah's proposal to operate a cannabis manufacturing and retail/dispensary at 441 N. State St.
I have the following questions that I want to submit to the Planning Commission regarding this proposal.
1. What activities specifically will be allowed at this site under the term "manufacturing"?
A. trimming of product
B. honey oil production
C. what exactly does manufacturing at this site mean.
2. Odors, what is the mitigation plan to contain the odor of marijuana and manufacturing process at this site? And if,
there are odor complaints, what consequences or recourse do nearby neighbors and businesses have for mitigation?
3. If manufacturing includes honey oil production, possibly a highly flammable process, what safety for the
neighborhood will be in place?
And what safety for first responder's will be in place? What is the plan? Specifically. How will possible flammable
chemicals be stored, delivered, handled?
A. will this business, if it is to have flammable products/chemicals, be required to file a Hazardous Materials Business
Plan with the County?
4. This area is a mix of businesses and residential. Mostly low income residents and seniors on fixed incomes. A similar
business was just approved not far away from this site. Is there a plan for not saturating an area with the same type of
manufacturing/sales? For the sake of those who live in the area?
Thank you for the opportunity to ask questions, I appreciate it.
Dora Briley
Item 12a
Public
Correspondence
Page 133 of 161
Public Correspondence04/22/2020Page 134 of 161
Page 135 of 161
Public Correspondence5/6/2020Page 136 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
1
DATE: May 13, 2020
TO: Planning Commission
FROM: Mireya G. Turner, Associate Planner
SUBJECT: Review of Planning Commission Questions from the April 22, 2020 meeting,
regarding Major Use Permit and Parking Variance Request to Allow a Cannabis
Manufacturing (non-volatile) and Dispensary/Retail Operation in an Existing Building
at 441 North State Street. APN 002-186-19; File No. 19-4434.
SUMMARY
During the April 22, 2020 meeting, the Planning Commission requested staff review and report
on the following questions:
1) Whether the Academic Success and College Prep Center, located at 307 N. State
Street, is a school, and if its proximity to the Project Site presents a conflict relating to
the Location Limitations listed in UCC Section 9174.2; and
2) The proximity of the Project Site to the mobile home park, located at 317 N. Main Street,
and any conflict relating to the Location Limitations listed in UCC Section 9174.2.
Staff has performed the review. As discussed below, neither the academic center, nor the
mobile home park locations cause a conflict with the location limitations, as described and
defined in the Ukiah City Code.
Staff recommends the Planning Commission adopt the findings and conditionally approve a
Major Use Permit with a variance from parking regulations, for the Element 7 project, located at
441 North State Street.
STAFF ANALYSIS
Project Proximity to Academic Success and College Prep Center
All applications for cannabis-related businesses must include a Neighborhood Context Map,
displaying the Project Site, and the property lines of any school within 600 feet of the site, as
well as all youth-oriented facilities within 250 feet of the Project Site. The City’s Cannabis Use
Permit Application Packet is included as Attachment 1.
The application for Element 7’s proposed manufacturing and dispensary/retail business included
the Neighborhood Context Map, consisting of multiple pages displaying distances between the
Project Site and the nearest school, youth-oriented facilities, churches, parks, and residential
Page 137 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
2
zoning district. The Academic Success and College Prep Resource Center was not identified on
the map. This portion of the application is included as Attachment 2.
Ukiah City Code (UCC) Section 5702P defines a school as follows:
“”School” means an institution of learning for minors, whether public or private, offering a regular
course of instruction required by the California Education Code. This definition includes an
elementary school, middle or junior high school, senior high school, or any special institution of
education, but it does not include a vocation or professional institution of higher education,
including any other college or university.”
UCC Section 5702AA defines youth-oriented facility as follows:
“Youth-oriented facility” means a public park, church, museum, library, or licensed daycare
facility.”
Additionally, the Ukiah City Code Section 9277 defines an educational facility as, “an
elementary, secondary or higher learning facility, whether public, private, or parochial in
ownership, which offers instruction in branches of learning.”
The Academic Success and College Prep Resource Center is located at 307 N. State Street.
The parcel line closest to the Project Site is approximately 383 feet away. It opened in
December 2017, for the purpose of providing academic and career support for K-12 students of
Native American descent. It does not offer a regular course of instruction, but instead provides
tutoring and college and career counseling services.
The Academic Success and College Prep Resource Center does not provide a regular course
of instruction, required by the California Education Code to qualify it as a school. The Center
provides support to local students to achieve scholastic and career success with the course of
instruction they receive from the local schools, similar to the definition of an educational facility.
UCC Section 9174.2.F.1 prohibits cannabis-related businesses in the following areas:
“a. Within six hundred feet (600’) of a school, as defined in section 5702P of this code, with that
distance measured as the horizontal distance in a straight line from the property line of the
school to the closest property line of the lot on which the cannabis related business is to be
located without regard to intervening structures, pursuant to California Health and Safety Code
section 11362.768; or
b. Within two hundred fifty feet (250’) of a youth-oriented facility other than a school, as defined
in section 5702R of this code, with that distance measured by street frontage from the property
line of the youth-oriented facility to the closest property line of the lot on which the dispensary
(and cannabis business) is to be located, and not radial distance.”
Page 138 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
3
The Academic Success and College Prep Resource Center does not fit the definition of youth-
oriented facility, as defined by the Ukiah City Code. Educational facilities are not included in the
Limitations on Locations of Cannabis-Related Businesses. Therefore, the proximity of the
Academic Success and College Prep Resource Center to the Project Site is in compliance with
the Ukiah City Code.
Project Site proximity to Main Street Mobile Home Park
Ukiah City Code Section 9174.2.F.1 prohibits cannabis-related businesses in the following area:
“e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned
property, unless there are intervening nonresidential uses between the cannabis-related
business and the residential unit or the residentially zoned property that the decision-making
entity charged with hearing and making the decision on the use permit application or the appeal
of that decision determines sufficient to provide an appropriate separation.”
Section 9278.B includes the following definition, “ABUTTING OR ADJOINING: Having lot lines,
parcel lines or boundaries in common.”
As shown by the image above, there are no common lot lines, parcel lines, or boundaries in
common between the Project Parcel and the mobile home park located at 317 North Main
Street. For this reason, the location proposes for this project is not in conflict with the location
limitations listed in UCC Section 9174.2.F.1, nor is a determination of intervening nonresidential
use required.
Mobile Home Park
Project Site
Page 139 of 161
AGENDA ITEM NO. 12A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Major Use Permit & Variance
Element 7 Ukiah, 441 North State Street
File No.: 19-4434
4
NOTICE
During the April 22, 2020 Planning Commission meeting, this item was continued to the May 13,
2020 meeting. Due to its continuance with date and time certain, additional notification through
mail, local newspaper, and on-site posting, was not required. The agenda was posted to the
City’s website on Thursday, May 7, 2020, and at City Hall, 300 Seminary Avenue no less than
72 hours prior to the hearing.
RECOMMENDATION
Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings
and conditionally approve a Major Use Permit with a variance from parking regulations, for the
project.
ATTACHMENTS
1. City of Ukiah Cannabis Business Permit Application Packet
2. Element 7 Application – Neighborhood Context Map portion
Page 140 of 161
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com
CANNABIS USE PERMIT
APPLICATION CHECKLIST
Updated July16, 2019
The following items are required for all Cannabis Use Permit Applications, per City of
Ukiah Municipal Code Division 6 Chapter 8, Cannabis Retailers, and Division 9 Chapter 2
(Sections 9174, Cannabis Related Businesses and 9254, Marijuana Cultivation).
☐Completed Application Form. With Applicant(s)’ Name, Telephone Number and Mailing
Address. Include any current or prior aliases, other legal names, maiden names, etc.
☐Previous Addresses. Include past 5 years, immediately prior to present address.
☐Copy of Driver’s License verifying the identity and age of the applicant. Applicant
must be over 21 years of age.
☐Employment History. All businesses, occupation, or employment of the applicant for the five
years immediately preceding the date of the application.
☐Tax History. Business tax history of applicant; including whether such person, if previously
operating in this or another city, county or state under license, has had a business license
revoked or suspended, the reason therefor, and the business or activity or occupation in which
the applicant engaged subsequent to such action of suspension or revocation.
☐Management Information. Name(s) and address(es) of person(s) managing or supervising
the applicant(s)’ business.
☐Criminal Background. Background investigation verifying whether manager(s)/supervisor(s)
have been convicted of crime(s) and the nature of any offense(s). Proof of a successfully
completed Livescan is required for the applicant and employees prior to deeming the
application complete. Contact the Ukiah Police Department for more information.
http://www.cityofukiah.com/live-scan-services/
☐Employee Information. List individual employees, volunteers, and others who will work at
dispensary or other cannabis related business. Please include name, role or title, and total
number of employees.
☐Plan of Operations. A plan of operations describing how the cannabis-related business will
operate consistent with the intent of State law, including obtaining all applicable State licenses,
and the provisions of this section, including but not limited to ensuring that the cannabis-related
business will not engage in cannabis-related commercial activities that violate California law or
this chapter.
☐Written Project Description. Statement including use size, qty. of patients, characteristics,
and intent. Identify which State License you are applying for. Include a written description of all
new construction that would take place, as well as renovations to existing buildings that are
proposed including landscaping, parking, signage and other exterior modifications.
☐Written Response to Local and State Standards. Statement of how cannabis related
businesses comply with all the requirements listed in the Ukiah Municipal Code pertaining to
cannabis. An individual response to each requirement must be included. Please specify what
state license(s) you are applying for.
Attachment 1
Page 141 of 161
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com
☐Security Plan. Outline of measures to ensure safety of persons and protection of the premises
from theft, including: installation of security cameras, alarm system monitored by a licensed
operator, and security assessment of site by a qualified professional. Plan should include a
description of:
•Alarm System: description and locations of alarms, professionally monitored, maintained and
in working condition. (5708 H 8)
•Panic alarm system monitored by a licensed operator. (5708 H 5)
•Surveillance system(s) & cameras: description & locations installed to monitor main entrance
and exterior. (5708 H 6)
•Security Video Retention: maintained for ninety (90) days. (5708 H 7)
•Locked storage on premises for after-hours storage of medical marijuana. (5708 H 2)
•Emergency Contact information provided (5708 H 9)
☐Floor Plan. A sketch or diagram showing the interior configuration of the premises, including
a statement of the total floor area occupied by the cannabis-related business. The sketch or
diagram need not be professionally prepared, but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches
(6");
☐Site Plan. A sketch or diagram showing exterior configuration of the premises, including the
outline of all existing and proposed structures, parking and landscape areas, and property
boundaries. The sketch or diagram need not be professionally prepared, but must be drawn to a
designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches
(6"); Site Plan also needs to include accurate dimensions.
☐Accessibility Evaluation. Written evaluation of accessibility to and within the building, and
identification of planned accessibility improvements.
☐Neighborhood Context Map. An accurate straight-line drawing depicting the building and
the portion thereof to be occupied by the cannabis-related business, and: (1) the property lines
of any school within six hundred feet (600') of the property line of the business for which a permit
is requested, (2) the property lines of any cannabis-related business within two hundred fifty feet
(250') of the primary entrance of the business for which a permit is requested, and (3) the
property lines of any youth-oriented facility or residential zone or use within two hundred fifty feet
(250') of the primary entrance of the business.
☐Lighting Plan. Plan showing existing and proposed exterior and interior lighting levels
minimum necessary to provide adequate security lighting for the use and in compliance with all
City lighting design and installation standards.
☐Other Information. Any items deemed necessary by the Planning and Community
Development Department to demonstrate compliance with City of Ukiah Municipal Code.
Page 142 of 161
Planning Permit Application
PROJECT NAME:
PROJECT ADDRESS/CROSS STREETS: AP NUMBER(S):
APPLICANT/AUTHORIZED AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
APPLICANT/AUTHORIZED AGENT ADDRESS: CITY:
STATE/ZIP:
PROPERTY OWNER IF OTHER THAN APPLICANT/AGENT: PHONE NO: FAX NO: E-MAIL ADDRESS:
PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT
CITY:
STATE/ZIP:
HAS YOUR PROJECT RECEIVED A PRELIMINARY REVIEW? YES NO
□ AIRPORT LAND USE COMM.
DETERMINATION REFERRAL
100.0800.611.003
$ □ REZONING – PLANNED DISTRICT
100.0800.611.001
$ □ USE PERMIT – AMENDMENT
100.0400.449.001
$
□ ANNEXATION
100.0800.611.001
$
□ SITE DEVELOPMENT PERMIT –
AMENDMENT 100.0400.449.001
$ □ USE PERMIT – MAJOR
100.0400.449.001
$
□ APPEAL
100.0400.449.001
$
□ SITE DEVELOPMENT PERMIT –
MAJOR 100.0400.449.001
$ □ USE PERMIT – MINOR
100.0400.449.001
$
□ GENERAL PLAN AMENDMENT
100.0800.611.001
$
□ SITE DEVELOPMENT PERMIT –
MINOR 100.0400.449.001
$ □ VARIANCE – MAJOR
100.0400.449.001
$
□ MURAL PERMIT
100.0400.449.001
$
□ SPECIFIC/MASTER PLAN
100.0800.611.003
$ □ VARIANCE – MINOR
100.0400.449.001
$
□PRE-DEVELOPMENT MEETING
100.0800.611.003
$ □ MINOR SUBDIVISION/TENTATIVE
PARCEL MAP (4 OR FEWER LOTS)
100.0800.610.001
$ □ ZONING AMENDMENT MAP OR
TEXT
100.0800.611.001
$
□ STAFF RESEARCH (MORE THAN 1
HOUR)
10023100.41153
$ MAJOR SUBDIVISION/TENTATIVE
SUBDIVISION MAP
(5 OR MORE LOTS) 100.0800.610.001
$ □ REZONING
100.0800.611.001
$
□ LOT LINE ADJUSTMENT OR
MERGER
100.0800.610.001
$ □ OTHER $ □ 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.
Community Development Department
Planning Division
300 Seminary Ave., Ukiah CA 95482
Email: planning@cityofukiah.com
Web: www.cityofukiah.com
Phone: (707) 463 -6268
Fax: (707) 463-6204
Page 143 of 161
Project Description
Please attach a written project description including summary of work (both interior and exterior for construction and
operation) and/or business proposed. The purpose of the project description is to assist Staff in understanding the
project. The project description will also be included in the Staff Report required to review (and ultimately approve or
deny) the planning permit. 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
Page 144 of 161
Submittal Requirements
1. Items marked (X) are required for a complete application unless their deletion is approved by staff.
2. Other information may be required at the discretion of staff in order to fully evaluate the project and/or to
conduct required environmental review for the project.
3. Please review the application packet prior to submittal to the City. Application packets that do not include the
required materials may not be accepted for processing or may be deemed “Incomplete.”
Submittal
Document
Application Type
LLA/VM GPA PRELIM REZ REZ-PD SDP
Sub/TM UP VAR
Project Description X X X X X X X X X
Building Elevations (1) X X X X X
Floor Plan
X X X X X
Grading and Drainage
Plan and
SUSMP (7)
X X X
Landscape Plan
(2) X
CONCEPT
X X X
Site Plan (3)
X X X X X X X X
Details – Architectural X
Details – Fence
X X X
Details – Sign
X X X
Site Contours (4)
X X X
Street Sections
X
Tentative Map (6)
X
Preliminary
Title Report X X X
Colors & Materials
Board X
CONCEPT
X X
Number of Plan Sets –
Initial Submittal (5)
(1) Building Elevations. Drawing must include all elevations (front, rear, and sides) and identify materials and colors. One set of colored drawings is
required.
(2) Landscape Plan. Plan must show all proposed trees, shrubs, and ground covers. Location, size and species must be indicated.
(3) Site Plan. Must be prepared to scale and include: a north arrow, all property lines, adjoining streets, creeks, ponds, drainage ditches, existing
curb, gutter, and sidewalk, existing and proposed buildings (with square footage noted), parking spaces, all existing trees, existing and proposed
fences, buildings on adjacent parcels, existing fire hydrants within 600- feet, access and utility easements (with widths), location an d width of all
easements (access, drainage, utility, etc.) location of existing and proposed trash enclosures, and the percentage of average slope of the
property. Site contours may also be required (see table above).
(4) Site Contours. When required, site contours should be indicated on the site plan and grading plan. A separate site contour plan is not required.
(5) Staff will determine the number of plans needed for the initial submittal. Once the application is complete, the number of plans sets required for
the public hearing will be determined by staff. Plans are required to be provided prior to the hearing.
(6) See Minor Subdivision Submittal Requirements or Major Subdivision Submittal Requirements handout for Tentative Map requirements.
(7) SUSMP – Standard Urban Storm Water Mitigation Plan – Required unless specifically exempt (Consult with Public Works Staff)
LLA – Lot Line Adjustment VM-Voluntary Merger Prelim – Preliminary Review
REZ – Rezoning REZ-PD- Rezoning to Planned Development SDP – Site Development Permit
TM – Tentative Map Sub- Subdivision GPA- General Plan Amendment
VAR – Variance UP – Use Permit
Page 145 of 161
I,______________________________________________ , owner authorize _____________________________
to act on my behalf for this project and I have read and agree with all of the above. (Application must be signed by
owner).
PROPERTY OWNER SIGNATURE DATE
I, _______________________________________________, am the owner / authorized agent of the property
for which the development is proposed. The above information and attached documents are true and accurate to the
best of my knowledge.
I have read and agree with all of the above.
I hereby authorize employees of the City of Ukiah, the City’s authorized agents, and persons with review or decision
making authority for the project to enter upon the subject property, as n ecessary, to inspect the premises, post notices,
and process this application.
I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to
fully understand the conditions and ask questions about them before action is taken on my planning permit.
OWNER / AUTHORIZED AGENT DATE
INDEMNIFICATION AGREEMENT
As part of this application, the applicant agrees to defend, indemnify, and hold harmless the City of Ukiah, its agents,
officers, council members, employees, boards, commissions or Council from any claim, action or proceeding brought
against any of the foregoing n individuals or entities, the purpose of which is to attack, set aside, void, or annul any
approval of the application or related decision, or the adoption or certification of any environmental documents or
negative declaration which relates to its approval. This indemnification shall include, but is not limited to, all damages,
costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of it or in
connection with the approval of the application or related decision, whether or not there is concurrent, passive, or active
negligence on the part of the City, its agents, officers, council members, employees, boards, commissions of Council.
If for any reason, any portion of this indemnification agreement is held to be void or unenforceable by a court of
competent jurisdiction, the remainder of the agreement shall remain in full force and effect.
The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or outside
counsel. The applicant shall not be required to reimburse the City for attorney’s fees incurred by the City Attorney of
the City’s outside counsel if the City chooses to appear and defend itself in the litigation.
I have read and agree to all of the above.
PROPERTY OWNER / AUTHORIZED AGENT
(PLEASE PRINT NAME)
PROPERTY OWNER / AUTHORIZED AGENT DATE
(SIGNATURE)
Revised 08/19/2019
Page 146 of 161
Page 147 of 161
SAMPLE PLOT PLAN
100' r - - - - -r -----, ------------ ·1· ---- --------,
( · - - - -"' . -..... J. ��·--'.'.'��· -....... -... - .. -... -- .. -. ' I b �5•-. (E) Garage "'
N
(I) E
� 1-111◄---·25•·---+1 (E} Single Family Residence ,·----25•·---)l'M �
Applicant's Name
123 Road, Ukiah
APN: 000-000-00-00
Road Name 1
i
A N
X" = Y'
"C ro 0 Cl'.'.
Page 148 of 161
ZONING DISTRICTS REFERENCE TABLE FOR CANNABIS-RELATED
BUSINESSES
Zoning Designation Use and Permitting Requirement
All Residential zoning
districts (R1, R1H, R2,
R3)
Cannabis related businesses of any type
prohibited
Neighborhood
Commercial (NC)
Cannabis related businesses of any type
prohibited
Community
Commercial (C1)
Major Use Permit:
Cultivation - Nursery
Manufacturing - Level 1 (Nonvolatile)
Testing Laboratory
Microbusiness (up to 10,000 square feet of
cultivation area for businesses engaged in
cultivation for all zones)
Retail
Heavy Commercial
(C2)
Planned Development
Light Manufacturing /
Mixed Use
Minor Use Permit:
Manufacturing - Level 1 (Nonvolatile)
Testing Laboratory
Distribution
Major Use Permit:
Specialty cottage cultivation
Specialty indoor cultivation
Specialty mixed-light cultivation
Small indoor cultivation
Page 149 of 161
Zoning Designation Use and Permitting Requirement
Small mixed-light cultivation
Medium indoor cultivation
Medium mixed-light cultivation
Large indoor cultivation
Large mixed-light cultivation
Cultivation - Nursery
Microbusiness
All Downtown Zoning
Districts:
Downtown Core (DC)
Urban Center (UC)
General Urban (GU)
Major Use Permit:
Testing Laboratory
Microbusiness
Retail
Manufacturing
Planned Development
Industrial
Light Manufacturing /
Mixed Use
Minor Use Permit:
Manufacturing - Level 1 (Nonvolatile)
Testing Laboratory
Distribution
Major Use Permit:
Specialty cottage cultivation
Specialty indoor cultivation
Specialty mixed-light cultivation
Small indoor cultivation
Small mixed-light cultivation
Medium indoor cultivation
Medium mixed-light cultivation
Page 150 of 161
Zoning Designation Use and Permitting Requirement
Large indoor cultivation
Large mixed-light cultivation
Cultivation - Nursery
Microbusiness
Retail
Public Facilities Minor Use Permit:
Manufacturing - Level 1 (Nonvolatile)
Testing Laboratory
Distribution
Major Use Permit:
Specialty cottage cultivation
Specialty indoor cultivation
Specialty mixed-light cultivation
Small indoor cultivation
Small mixed-light cultivation
Medium indoor cultivation
Medium mixed-light cultivation
Large indoor cultivation
Large mixed-light cultivation
Cultivation - Nursery
Microbusiness
Retail
Page 151 of 161
Zoning Designation Use and Permitting Requirement
Location Restrictions Uses identical distance restrictions to those
imposed by adopted cannabis ordinances:
1.Within six hundred feet (600’) of a school,
measured as the horizontal distance in a
straight line from the property line of the school
to the closest property line of the lot on which
the Cannabis Related Business is to be located;
2.Within two hundred fifty feet (250') of a
youth-oriented facility as defined in Section
5702AA of the Ukiah City Code (public park,
church, museum, library, or licensed daycare
facility), measured by street frontage and not
radial distance;
3. Abutting a parcel occupied by a youth-
oriented facility or a school;
4.Within any residential zoned parcel or
primary land use, or any property with an
underlying residential or mobile homes general
plan land use designation; or
5.On a parcel having a residential unit, or on a
parcel directly abutting a residentially zoned
property, unless there are intervening
nonresidential uses
6.Within 250 ft of another cannabis
dispensary. Measured parcel line to parcel line.
Page 152 of 161
ELEMENT 7: NEIGHBORHOOD CONTEXT MAP
VICINITY MAP
Attachment 2
Page 153 of 161
BUFFER ZONES
MAP
UKIAH
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
NEAREST
SCHOOL
829.37 FEET
INSTILLING GOODNESS
ELEMENTARY
2060 Virtue Way
Ukiah, California 95482
Page 154 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST YOUTH-
ORIENTED FCILITY
1,877.19 FEET
THE ARBOR YOUTH
RESOURCE CENTER
810 North State Street
Ukiah, California 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 155 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST
PUBLIC PARK
1,958.02 FEET
MCGARVEY PARK
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 156 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST
CHURCH
720.72 FEET
FIRST BAPTIST CHURCH
302 West Henry Street
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 157 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST
MUSEUM
2,048.90 FEET
GRACE HUDSON MUSEUM –
SUN HOUSE
431 South Main Street
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 158 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST
LIBRARY
812.79 FEET
UKIAH BRANCH LIBRARY
105 North Main Street
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 159 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST LICENSED
DAYCARE FACILITY
720.72 FEET
NEW LIFE PRESCHOOL
302 West Henry Street
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 160 of 161
BUFFER ZONES
MAP
UKIAH
NEAREST
RESIDENTIAL ZONE
429.71 FEET
351 North Main Street
Ukiah, CA 95482
PROPOSED ADDRESS:
441 North State Street
Ukiah, California 95482
Page 161 of 161