HomeMy WebLinkAbout2023-09-27 PC PacketPage 1 of 2
Planning Commission
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below)
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
To participate virtually, go to the following link: https://us06web.zoom.us/j/91264543193
To view the meeting (without participating), go to: http://www.cityofukiah.com/meetings/
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September 27, 2023 - 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
4.a. Approval of the Minutes of September 13, 2023, a Regular Meeting
Recommended Action: Approve the Minutes of September 13, 2023, a Regular Meeting
Attachments:
1. September 13, 2023, Planning Commission Meeting Minutes
5. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal,
stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An
interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from
which the appeal is taken. For items on this agenda, the appeal must be received by October 9, 2023.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience that is within the subject matter jurisdiction of the Planning
Commission. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than
ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments.
7. SITE VISIT VERIFICATION
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Page 2 of 2
8. VERIFICATION OF NOTICE
9. PLANNING COMMISSIONERS REPORT
10. DIRECTOR'S REPORT
10.a. Receive Community Development Director's Report
Recommended Action: Receive Community Development Director's Report.
Attachments:
1. Planning Division Projects Report - 9-1-23
11. CONSENT CALENDAR
12. UNFINISHED BUSINESS
13. NEW BUSINESS
13.a. Modification to a previously approved Major Use Permit to allow for on-site consumption of
‘Cannabis Products’ in a designated ‘Cannabis Consumption Area - Outdoor’ on the premises
of an existing ‘Cannabis-Related Business’ in accordance with Ukiah City Code Section
9174.3(c)(5) at 1076 & 1078 Cunningham Street; APN 003-140-65; File No. 23-8481.
Recommended Action: Conditional Approval, based on the Findings in Attachment 1 and
Conditions of Approval in Attachment 2.
Attachments:
1. Draft Findings
2. Draft Conditions of Approval
3. Application Materials
4. Agency Comments
14. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services
are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with
disabilities upon request. Materials related to an item on this Agenda submitted to the Planning Commission after distribution of the agenda
packet are available at the Civic Center 300 Seminary Ave. Ukiah, CA 95482; and online at: www.cityofukiah/meetings/ at the end of the next
business day.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at
the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting
set forth on this agenda.
Dated:09/20/2023
Stephanie Abba, Planning Commission Secretary
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Agenda Item 4a
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
REGULAR MEETING
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
Virtual Meeting Link: https://zoom.us/j/91264543193
September 13, 2023
6:00 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission held a Regular Meeting on September 13, 2023. The meeting
was legally noticed on September 6, 2023. The meeting was held in person and at the following virtual
link: https://zoom.us/j/91264543193. Chair Mark Hilliker called the meeting to order at 6:01 p.m.
CHAIR M. HILLIKER PRESIDING.
2. ROLL CALL
Roll was taken with the following Commissioners Present: Thao Phi, Alex deGrassi, , and Chair Mark
Hilliker. Commissioners Absent: Rick Johnson Staff Present: Craig Schlatter, Community
Development Director; Jesse Davis, Chief Planning Manager; and Stephanie Abba, Planning
Commission Secretary.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. APPROVAL OF MINUTES
a. Approval of the Minutes of August 09, 2023, a Regular Meeting.
Motion/Second: A. de Grassi/T. Phi to approve the Minutes of August 09, 2023, a Regular Meeting as
submitted. Motion carried by the following Roll Call votes: AYES: T. Phi, A. deGrassi, , and Chair M.
Hilliker. NOES: None ABSENT: R. Johnson ABSTAIN: None
5. APPEAL PROCESS
Chair Hilliker stated that the appeals deadline date is September 25, 2023. No appeals were received.
6. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
No Comments from Audience
7. SITE VISIT VERIFICATION
Not necessary
8. VERIFICATION OF NOTICE
Verified by Staff
9. PLANNING COMMISSIONERS REPORTS
Commissioners A. de Grassi and M. Hilliker
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Minutes of the Planning Commission September 13, 2023, Continued:
Page 2 of 2
10. DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director and Jesse Davis, Chief Planning
Manager.
Reports received
11. CONSENT CALENDAR
No items on the Consent Calendar
12. UNFINISHED BUSINESS
a. Receive Bi-Annual Status Update and Report regarding the Community Center and Winter
Homeless Shelter at 1045 South Street.
Presenter: Craig Schlatter, Community Development Director
Public Comment: Sage Wolf, Director of Integrated Health for Redwood Community Services (RCS);
13. NEW BUSINESS
a. Ordinance Amendment to Ukiah City Code to update the City’s Objective Design and
Development Standards for New Multi-family Residential Construction.
Presenter: Jesse Davis, Chief Planning Manager
Motion/Second: A. de Grassi/T. Phi to Adopt a resolution making the Planning Commissione’s report
and recommendation to the City Council on a proposed amendment to Ukiah City Code regarding
previously adopted objective design and development standards as amended. Motion carried by the
following Roll Call votes: AYES: T. Phi, A. deGrassi, , and Chair M. Hilliker. NOES: None ABSENT: R.
Johnson ABSTAIN: None
14. ADJOURNMENT
There being no further business, the meeting adjourned at 7:31 p.m.
_______________________________________
Stephanie Abba, Planning Commission Secretary
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Page 1 of 1
Agenda Item No: 10.a.
MEETING DATE/TIME: 9/27/2023
ITEM NO: 2023-3044
AGENDA SUMMARY REPORT
SUBJECT: Receive Community Development Director's Report
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. Planning Division Projects Report - 9-1-23
Summary: Planning Commission will receive the Community Development Director's report.
Background: Director's Reports are bi-monthly oral reports given by the Community Development Director on
the status of projects of the Planning Division of the Community Development Department. Updates may
include, but are not limited to, application status of major and minor discretionary permits, the implementation
status of advanced planning and related 2040 General Plan programs and projects, and updates related to the
activities of other divisions of the Department.
Discussion: This report is expected to provide updates in the following areas:
• September 2023 Planning Division Projects report (Attachment 1).
o This is a monthly report produced on the first of each month. Updates that have occurred since
the first of the month are provided to the Commission verbally during the report. The September
2023 report and previous monthly reports are also located on the Planning Division Services
webpage, under "Current Planning Reports": https://cityofukiah.com/community-
development/planning-services/
• Status of in-progress advanced planning activities
Recommended Action: Receive Community Development Director's Report.
Page 5 of 49
Permit # Site AddressDate of Submittal/ Resubmittal Summary of ProjectStatusAssigned Planner23-8481 1076 Cunningham Rd. 7/31/2023Major Use Permit to include outdoor consumption lounge at the existing Heritage Mendocino cannabis dispensarySubmitted: 7/31/23. Referred out on 8/30/23. Agency responses due by 9/12/23.Jesse Davis22-7956 162 Talmage Rd. 6/28/23Major Site Development Permit for the Splash Express Car Wash #5 (dBA LUV Car Wash) facility. Includes demolition of the existing structures and redevelopment of a new 2,433 sf car wash facility, located within the Heavy Commercial (C2) zoning district.Airport Land Use Commission Referral: 3/23/23 (ALUC Staff - Deemed Consistent) Design Review Board Hearing: 5/25/23 Item Approved by PC on 6/28/23; PC Decision Appealed by Eric Crane on 7/5/23; City Council Appeal Hearing: 9/20/23Jesse Davisn/a 600 Live Oak Ave.2/27/23; 7/21/23Todd Grove Public Art Mural Permit within the Public Facilities (PF).Design Review Board Meeting: 5/25/23 (DRB recommended to PC with modifications); Planning Commission Hearing: Postponed to date uncertainJesse Davis23-8069 218 Mason St.1/20/23; 5/18/23Minor Use Permit for conversion of use from commercial to mixed-use within the Community Commercial (C1) zoning district.Scheduled for Zoning Administrator on 9/13/23Michelle IraceCity of UkiahSubmitted Planning Applications As of 9/1/2023Page 1 of 5ATTACHMENT 1Page 6 of 49
22-7977 101 S. Main St.12/12/22; 2/13/23; 2/21/23; 4/16/23; 6/13/23; 7/5/23Major Site Development Permit for construction of a new 4,715 sf Redwood Credit Union bank facility, located within the Urban Center (UC) zoning district.Design Review Board Meeting: 3/23/23 Planning Commission Hearing: 5/10/23. Item Denied on 6/14/23 by PC; PC Decision Appealed by Applicant 6/23/23.City Council Appeal Hearing: 7/19/23; Council recommended project modifications and hearing continued to a time and date uncertain. Awaiting response from Applicant.Michelle Irace17-3069 1294 N. State St. 9/13/17;9/14/21; 9/28/22; 5/12/23; 7/11/23Resubmitted Major Use Permit and Site Development Permit to allow for construction of two retail suites (including one drive-through), located in the C-1 (Community Commercial) zoning district.Incomplete 6/2/22; 9/29/22; 5/27/23; Design Review Board Meeting: Awaiting response from Applicant.Michelle Irace22-7483 734 S. State St. 8/15/22Xpress Gas Station Major Use Permit-request to resume operation of the gas station within the Community Commercial (C1) Zoning District. Applicant Withdrew Application on 8/20/23Jesse Davis23-8774 1104 S. State St. 8/24/2023 Green Advt 101/Cookies Cannabis Use Permit Annual Renewal Submitted: 8/24/23. Referred out on 8/29/23. Agency responses due by 9/12/23. Michelle Irace23-8753 104 Echo Way 8/4/2023 104 Echo Way Minor Variance Setback ReductionSubmitted: 8/4/23; Referred out on 8/15/23; Scheduled for ZA on 9/13/23 Michelle Irace Page 2 of 5Page 7 of 49
Permit # Site Address Approval Date Summary of Project Comments Assigned Planner23-8376 441 N State St. 6/1/23Renewal of a Cannabis Retail Facility. Per UCC Section 9174.2(D), cannabis-related business will be subject to review after the first year of operation by the Zoning Administrator.Submitted: 04/24/23Zoning Administrator Hearing: Approved on 6/1/23Michelle Irace23-8331 300 Seminary Ave. 6/1/23Minor Site Development Permit for installation of a 39' training tower by the UVFA for roof operations, interior firefighting, confined space rescues, search and rescue operations, door breaching/forcible entry, high-angle descent and rescue.Submitted: 04/18/23 Zoning Administrator Hearing: Approved on 6/1/23, but subsequently appealed and withdrawn by the UVFA on 06/14/23.Jesse Davis23-8466 960 N. State St. 6/27/23Minor Use Permit for operation of Medstar Ambulance within existing structures, located within the Community Commercial (C1) Zoning District. Submitted: 5/18/23Zoning Administrator Hearing: Approved on 06/27/23Michelle Irace23-85521361 West Clay Street & 624 Mary Lane 6/28/2023Lot Line Adjustment #23-8552; 624 Mary Lane (APN: 001-242-17); Parcel 2: 1361 West Clay Street (APN: 001-242-35 Approved by City Engineer on 06/28/23 Jesse DavisCity of UkiahRecently (Within Previous 90 Days) Approved ProjectsAs of 9/1/2023Page 8 of 49
Permit # Site Address Approved Date Summary of Project Comments Assigned Plannern/a Citywide n/aOrdinance Amendment for modifications to Objective Design and Development Standards for New Residential Construction (UCC 9055)Proposed amendments reviewed by Design Review Board 7/27/23.Planning Commission Hearing: 9/13/23Jesse Davisn/a Citywide n/aOrdinance Amendment for modifications to UCC 3016 for Demolition Permit proceduresWorking with Rincon Consultants, Inc. to update/streamline Demolition Permit procedures. Funded by Local Early Action Planning (LEAP) Grant. Anticipate brining proposed amendments forward Fall, 2023.Michelle Irace n/a Citywide n/a 2040 General Plan Implementation Programs2040 General Plan adopted by City Council 12/7/22. Implementation efforts began January, 2023Michelle Irace,Jesse Davisn/aUnincorporated Western Hills n/aWestern Hills Open Land Acquisition and Limited Development Agreement Project - Annexation Application.Annexation application submitted to LAFCo: 6/8/22. Incomplete letter from LAFCo received 6/29/22.Prezoning and application modifications to PC/CC anticipated Fall, 2023Michelle Irace,Jesse DavisCity of UkiahAdvanced Planning ProjectsAs of 8/1/2023Page 9 of 49
n/a Citywide n/a Annexation of City-owned parcels.Submitted Annexation Application to LAFCo 2/23/22. Incomplete letter received 3/25/22. Updated application submitted in June 2022.Prezoning and application modifications to Planning Commission 3/22/23 City Council on 4/5/23. Application update submitted to LAFCo on 04/20/23. Application scheduled for LAFCo review on 09/11/2023.Jesse Davisn/a Citywide n/aOrdinance Amendment for modifications to Lot Line Adjustment Requiremetns. Proposed amendments to CC in October, 2023 Jesse DavisPage 10 of 49
AGENDA ITEM NO. 13A
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Planning Commission | Staff Report
Major Site Development - Permit Modification
1076 Cunningham Street
File No.: 23-8481
1
DATE: September 27, 2023
TO: Planning Commission
FROM: Jesse Davis, Chief Planning Manager
SUBJECT: Request to modify a previously approved Major Use Permit to allow for on-site
consumption of ‘Cannabis Products’ in a designated ‘Cannabis Consumption Area
- Outdoor’ on the premises of an existing ‘Cannabis-Related Business’ in
accordance with Ukiah City Code Section 9174.3(c)(5); 1076 & 1078 Cunningham
Street; APN 003-140-65; File No. 23-8481.
SUMMARY
OWNER: JBT Investments LLC
APPLICANT & AGENT: Heritage Mendocino (Kyle Greenhalgh)
LOCATION: 1076 & 1078 Cunningham Street, Ukiah (APN: 003-140-65)
TOTAL ACREAGE: ±1.14 acres
GENERAL PLAN: Industrial (I)
ZONING DISTRICT: Manufacturing (M)
CEQA DETERMINATION: Categorical Exemption pursuant to Section 15061 (b)(3)
RECOMMENDATION: Conditional Approval, based on the Findings in Attachment 1 and
Conditions of Approval in Attachment 2.
PROJECT LOCATION
The ±1.14-acre project site is located within the City of Ukiah, ±0.4 miles west of U.S. Route 101
immediately northwest of the intersection of Talmage Road and Cunningham Street, addressed
at 1076 & 1078 Cunningham Street, Ukiah, CA, 95482; APN 003-140-65. The subject property is
a corner lot bounded by Rupe Street to the north, Cunningham Street to the east, and Talmage
Road to the south. The project area will be within the existing fenced area directly south of the
‘Cannabis-Related Business’ at 1076 Cunningham Street, north of Doolin Creek.
EXISTING CONDITIONS
The project site is presently developed with a ‘Cannabis-Related Business (Microbusiness)’ within
an existing structure approximately 2,480 square feet in size. This primary structure is addressed
as 1076 Cunningham Street. The subject property also includes an associated on-site storage
facility approximately 2,700 square feet in size addressed as 1078 Cunningham Street.
On February 19, 2019, a Major Use Permit and Site Development Permit was approved by the
Planning Commission to allow adaptive reuse of the existing structure for the purpose of a
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Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
2
‘Cannabis Microbusiness’. Since that time, the following improvements to the subject property
and surrounding area have been facilitated:
- Provision of a 4,237 sf parking lot accessed with 12 parking spaces (10 standard, 1
ADA, and 1 loading space) via an encroachment from Rupe Street for the Cannabis
Microbusiness;
- Curb and sidewalk improvements along Rupe and Cunningham Streets;
- Exterior lighting for 1076 Cunningham Street (down-shielded and dark sky compliant;
- Removal of detritus and automobiles from the project site, as well as adjacent and
nearby parcels;
- Provision of 5,278 sf of landscaping and street trees along Cunningham and Rupe
Streets;
- Replaced and improved fencing surrounding the premises of 1076 Cunningham
Street.
RELATED PERMITS & APPLICATIONS
- File No. 18-3631: Major Use Permit and Site Development Permit to allow ‘Cannabis
Microbusiness’ approved by the Planning Commission on February 19, 2019.
- File No. 20-5112: Annual renewal of Cannabis-related Business Use Permit for a
‘Cannabis Microbusiness’ approved by the Zoning Administrator on August 31, 2020.
- File No. 21-6140: Annual renewal of Cannabis-related Business Use Permit for a
‘Cannabis Microbusiness’ approved by the Zoning Administrator on November 16, 2021.
- File No. 21-6503: A Lot Line Adjustment to adjust three parcels. Lot 1 (Historical APN
003-140-53) decreased to .82 acres. Lot 2 (Historical APN 003-140-54) decreased to .51
acres. Lot 3 (Historical APN 003-140-52) increased to 1.14 acres approved by the City
Engineer on October 5, 2021.
o The boundaries configured by this Lot Line Adjustment allowed for 1076 and
1078 Cunningham to be located on the same legal parcel.
SURROUNDING USES AND ZONING
The project site is located within the City of Ukiah, ±0.4 miles west of U.S. Route 101 immediately
northwest of the intersection of Talmage Road and Cunningham Street at 1076 & 1078
Cunningham Street, Ukiah, CA, 95482; APN 003-140-65.
In general, the surrounding properties feature a mixture of vacant lots, as well as commercial and
storage/warehouse facilities, which are overviewed in Table 1:
TABLE 1: SURROUNDING USES AND ZONING
ZONING: USE:
NORTH Manufacturing Vacant – Fenced Site
EAST Manufacturing Manufacturing (Small Engine Repair; Construction
Services); Commercial (Outdoor Fish Market)
SOUTH Manufacturing and Public
Facility
Commercial (Agricultural Sales & Services); Airport
(Open-Space)
WEST Manufacturing Manufacturing (Biofuels; Outdoor Material Storage)
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Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
3
The project is consistent with the siting requirements below for a ‘Cannabis Related-Business’,
as it is not within the restricted distance to residences, schools, youth-oriented facilities, or other
cannabis related business. A ‘Location Map’ is included within Attachment 3. As detailed, below:
The proposed consumption area is not within six hundred feet (600 ft) of a school, and;
The proposed consumption area is not within two hundred fifty feet (250 ft) of a youth-
oriented facility, and;
The proposed consumption area is not within or proximate to any residential zoned parcel
or primary land use, and;
The proposed consumption area is not adjacent to or within 250’ of another cannabis-
related business.
o While another ‘Cannabis-Related Business’ was approved at 902 Waugh Lane, in
2020, it does not appear that the business will become operational, as no
correspondence has been received from the applicant since May 9, 2022.
Figure 1: Location Map
As conveyed, the ‘Cannabis Consumption Area - Outdoor’ will be approximately 60’ to the west
of the nearest off-site commercial structure, which is utilized for construction services and
addressed at 1099 Cunningham Street. The proposed consumption area is approximately 500’
to the southwest of the nearest residential structure, which is located immediately northwest of
intersection of Perry & Rupe Street.
REGULATORY BACKGROUND
On September 7, 2022, written and oral comment was provided to the Ukiah City Council during
Audience Comments on non-agenda Items requesting that the City Council evaluate an ordinance
amendment to allow for on-site consumption. Thereafter, the City Council requested that the
Cannabis Ad-Hoc Committee review considerations provided during public expression in
conjunction with staff.
Subsequently, Community Development Staff facilitated a meeting of the Cannabis Ad-Hoc on
October 19, 2022, and then addressed questions via email with members of the Ad-Hoc to
develop a recommendation for modification of Ukiah City Code that addressed the public
expression provided.
On February 6, 2023, the Planning Commission unanimously adopted a resolution making the
report and recommendation that the City Council adopt a proposed amendment to the City’s
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Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
4
Municipal Code, finding that the actions to allow on-site consumption were categorically exempt
pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
On March 15, after consideration of public input, the City Council voted 4-0-1 to introduce an
Ordinance Amending various sections of Ukiah City Code to permit on-site consumption at
cannabis dispensaries and microbusinesses featuring retail.
On April 5, 2023, the City Council voted 3-1 to adopt an ordinance amending various sections of
Ukiah City Code to permit onsite consumption at cannabis dispensaries and microbusinesses
featuring retail.
Since 2018, the State of California has allowed for on-site consumption where locally authorized.
To facilitate on-site consumption of cannabis products on a non-event basis, a State Retail license
is required from the Department of Cannabis Control (DCC), even if the primary undertaking is
not commercial retail, but an associated activity, such as a hotel that wants to facilitate an on-site
consumption area. As a Cannabis Microbusiness, Heritage Mendocino maintains a license to
operate a Commercial Microbusiness (Lic. No. C12-0000258-LIC), which includes manufacturing
(Level-1), distribution, and retail activities.
Pursuant to California Business and Professions Code Section 26200, a local jurisdiction may
allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises
of a retailer or microbusiness per the following requirements:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21
years of age or older.
(2) Cannabis consumption is not visible from any public place or non-age-restricted area.
(3) Sale or consumption of alcohol or tobacco is not allowed on the premises.
PROJECT DESCRIPTION
The Applicant requests a ‘Cannabis Consumption Area - Outdoor’ as detailed in Attachment 3 in
accordance with Ukiah City Code Section 9174.3(c)(5). This designated area will allow for the
consumption of ‘Cannabis Products’ by smoking, vaping, and ingesting edibles under the
supervision of staff. The Applicant has responded to the additional application requirements
identified by Staff, including updates to the Security Plan, which is also included in Attachment 3.
The proposed ‘Cannabis Consumption Area - Outdoor’ will be located to the south of existing
microbusiness within the fenced area that was replaced and improved by the Applicant in 2020.
No structures are proposed, but the Applicant intends to place chairs, picnic tables and other
seating with umbrellas to improve the usability of the space. The fenced area creates a boundary
for the ‘Cannabis Consumption Area – Outdoor’. Customers would be encouraged to use the
seating areas located in the center of the fenced area and prohibited from use of cannabis
products on the rear porch or near the fence line of the subject property.
As required by the California Business and Professions Code Section 26200, the Applicant will
ensure that the ‘Cannabis Consumption Area - Outdoor’ will not be visible from any public place
by placing vertical privacy slats made of redwood within the existing chain-link fence.
The ‘Cannabis Consumption Area - Outdoor’ will be restricted to persons 21 years of age or older,
as the area will be accessed through the existing security check at the front-entrance of the
structure. The customer would then walk through the store to the ‘Cannabis Consumption Area -
Outdoor’. Alternative paths of travel could be made available to those with accessibility or mobility
limitations.
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Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
5
As conditioned, only cannabis purchased from the retailer can be utilized within the ‘Cannabis
Consumption Area - Outdoor.’ Sale or consumption of alcohol or tobacco is prohibited on the
premises.
No structures, grading or other improvement is proposed in conjunction with the requested
‘Consumption Area – Outdoor.’
AGENCY CONSIDERATIONS & REFERRAL
On August 30, 2023, project referrals were sent to the following responsible or trustee agencies
with jurisdiction over the Project (See Table 2). Comments received by responding departments
and agencies are included in Attachment 4, and comments reflected within the Conditions of
Approval, as appropriate.
TABLE 2: AGENCY COMMENTS
Agency Comment
City Building Official No Response
City Public Works Department No Response
Ukiah Valley Fire Authority No Response
City Policy Department No Comment
City Electrical Utility Department No Comment
Ukiah Municipal Airport Manager No Response
Airport Land Use Commission Staff Response – Voluntary Referral
Mendocino County Planning & Building Services No Response
STAFF ANALYSIS
Facilitating an on-site consumption ordinance could address reasonable concerns that without
designated areas, increased consumption will occur in public places or multi-unit housing where it
is prohibited. This increase in consumption, especially in multi-unit housing, presents risks to
vulnerable groups such as children and the elderly from second-hand smoke. It also increases risks
related to unnecessary policing and displacement of low-income and minority residents for cannabis
use in their rental units or other public situations, which engenders potential criminal justice
disparities.
General Plan Consistency: The Economic Development Element of the City’s 2040 General
Plan contains the following goals and policies that would support consideration of an ordinance
amendment to facilitate on-site consumption at cannabis-retailers upon modification or approval
of their associated Use Permit:
• Goal ED-4: To attract visitors and provide them with the amenities and services
to make their stay in Ukiah enjoyable.
• Goal ED-6: To maintain a supportive business climate and a healthy economy
that leads to the expansion of existing businesses and the attraction of new ones.
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Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
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Policy ED-6.1: Regulatory Environment: The City shall promote
business-friendliness in the regulatory and permitting process through
collaboration, innovation, exchange of ideas and best practices.
• Goal ED-10: To foster a robust and diversified local economy that provides
quality employment and attracts stable businesses.
Policy ED-10.4: Local-Serving Retail: The City shall encourage the
establishment and expansion of commercial businesses that increase
local spending within Ukiah and provide needed goods and services to
residents and businesses.
The proposed project aligns with the City’s intention to encourage and facilitate the development of
local-serving retail that is more resilient, in this case from the market fluctuations associated with
the cannabis industry, while offering visitors with the amenities and services that makes their stay
in Ukiah more enjoyable. Accordingly, Visit Mendocino has identified the cannabis tourism sector
as an important area for future tourism and growth.
Finally, it is recognized that on-site consumption considerations are increasingly common across
California, and that the County of Mendocino has allowed for on-site consumption with associated
retail entities since 2018 with no notable issues, nuisances or concerns. Presently, within the City
of Ukiah’s Sphere of Influence (SOI), five (5) cannabis retailers or microbusiness facilitate on-site
consumption in conjunction with their business. County regulations do not require the discretionary
review of cannabis retail or on-site consumption on commercial properties, but rather a Cannabis
Facility Business License (CFBL) via a Zoning Clearance from the Departments of Planning and
Building Services (PBS) and Environmental Health (EH), as well as conformance with the State’s
Business and Professions Code 26200.
Airport Compatibility: Prior to the adoption of the Ukiah Municipal Airport Land Use
Compatibility Plan (UKIALUCP), the entirety of the subject parcels were located within Zone A*.
Within Zone A*, site-wide average and single-acre intensities of up to 10 people per acre were
permitted, but allowed uses were otherwise constrained. It was the intention of the City of Ukiah
to provide long-term control of the uses within Zone A* by either acquiring property in fee simple
or obtaining easements restricting the type and density of land uses permitted. On February 6th,
2019 to complete the airport land use review process for this project, the City Council passed and
adopted a resolution (2019-05) to overrule a previous consistency determination of the Mendocino
County Airport Land Use Commission.
Per Table 3A of the UKIALUCP, ‘Outdoor Non-Group Recreation’ (Small/Low-Intensity) is a
conditionally compatible use within Zone 2, so long as the intensity criteria are met, and no
airspace obstructions are facilitated. ‘Outdoor Non-Group Recreation’ would be considered
accessory to the ‘Non-Conforming Use’ of the property as a ‘Cannabis-Related Business’ which
was formalized upon adoption of the UKIALUCP on May 20, 2021. The Major Use Permit and
Site Development Permit to allow this ‘Cannabis Microbusiness’ was approved by the Planning
Commission on February 19, 2019.
Given the size of the parcel (1.14 acres), the fact that no physical improvements are proposed, and
the associated airport compatibility designations, the project is consistent with the UKIALUCP, as
most of the site is within Zone 2, which allows for a maximum sitewide average intensity of 60
people/acre. Approximately .75 acres of the subject property is within Zone 2 (as detailed in Figure
2), therefore up to 45 people can be on the premises at any given time, which is well within the
normal operations of the Cannabis Microbusiness.
Page 16 of 49
Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
7
Figure 2: Airport Compatibility Zones
ENVIRONMENTAL DOCUMENTATION
The proposed project is subject to the California Environmental Quality Act (CEQA). The project
has been reviewed by City staff in accordance with CEQA Guidelines to determine if
implementation would create significant environmental impacts. The City has determined that the
establishment on-site consumption at this commercial cannabis businesses does not meet any of
the thresholds that would trigger a significant environmental impact, and thus according to the
"general rule exemption" (Section 15061 (b)(3) of the CEQA Guidelines, no further environmental
analysis is required.
As described, the proposed project does not create any new land use considerations beyond
partial utilization of a Cannabis Microbusiness premises to engage in the consumption of
cannabis. As proposed the cannabis retailer must comply with existing regulations related to the
City’s Anti-Smoking Ordinance (Division 5, Chapter 7, Article 4), similar to businesses that allow
for the consumption of tobacco products.
NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9264:
Published in the Ukiah Daily Journal on September 17, 2023;
Posted on the Project site on September 17, 2023;
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, as well as emailed
to public agencies having jurisdiction on September 17, 2023.
RECOMMENDATION
Staff recommends that the City of Ukiah Planning Commission:
1) Conduct a public hearing; and
Page 17 of 49
Planning Commission | Staff Report
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
8
2) Approve the modification to the Major Use Permit to allow for on-site consumption of
‘Cannabis Products’ in a designated ‘Cannabis Consumption Area - Outdoor’ on the
premises of an existing ‘Cannabis-Related Business’ in accordance with Ukiah City
Code Section 9174.3(c)(5); 1076 & 1078 Cunningham Street; APN 003-140-65; File No.
23-8481.
ATTACHMENTS
1. Draft Findings
2. Draft Conditions of Approval
3. Application Materials
4. Agency Referral Responses
Page 18 of 49
Planning Commission | Draft Findings
Modification – Major Use Permit
1076 Cunningham Street
File No.: 23-8481
1
ATTACHMENT 1
DRAFT FINDINGS
FOR MODIFICAITON OF THE EXISTING USE PERMIT
AT 1076 & 1078 CUNNINGHAM ST; APN 003-140-65;
FILE NO. 23-8481
The following findings are supported by and based on information contained within this
staff report, the application materials and documentation, and the public record, in
accordance with UCC Sections 9262 and 9174.
1.The project, as conditioned, is consistent with the goals and policies of the General Plan
for commercial and economic development.
2.The project, as conditioned, is consistent with Division 9, Chapter 2, Article 15.7, Section
9174.3(c)(5) of the Ukiah City Code as described in the staff report.
3.Pursuant to City Code Section 9174.3(c)(5), the proposed modification was reviewed
by Planning staff and the Police Department; it has been determined that the criteria
for modification of the cannabis-related business permit has been met.
4.The existing Use Permit, and subsequent amendment are determined to be compatible
with surrounding land uses and will not be detrimental to the public’s health, safety and
general welfare. Changes to the approved operation or security plan have been considered
and reviewed.
5.The proposed project is subject to the California Environmental Quality Act (CEQA). The
project has been reviewed by City staff in accordance with CEQA Guidelines to determine if
implementation would create significant environmental impacts. The City has determined
that the establishment on-site consumption at this commercial cannabis businesses does
not meet any of the thresholds that would trigger a significant environmental impact, and
thus according to the "general rule exemption" (Section 15061 (b)(3) of the CEQA
Guidelines, no further environmental analysis is required.
6.A notice of public hearing was provided in accordance with UCC §9262.
Page 19 of 49
ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
FOR MODIFICAITON OF THE EXISTING USE PERMIT
AT 1076 & 1078 CUNNINGHAM ST; APN 003-140-65
FILE NO. 23-8481
The following Conditions of Approval shall be made a permanent part of the Major Use & Site
Development Permit; shall remain in force regardless of property ownership and shall be
implemented for this entitlement to remain valid.
Approved Project Description. The Applicant proposed to modify a previously approved Major Use
Permit to allow for on-site consumption of ‘Cannabis Products’ in a designated ‘Cannabis
Consumption Area - Outdoor’ on the premises of an existing ‘Cannabis-Related Business’ in
accordance with Ukiah City Code Section 9174.3(c)(5) at 1076 Cunningham Street; APN 003-140-
65; File No. 23-8481
CITY OF UKIAH SPECIAL CONDITIONS
1.The Applicant shall maintain proof of State license to operate the cannabis related
business, and after one (1) year of operation submit a renewal to the City of Ukiah Zoning
Administrator to evaluate the 'Cannabis Consumption - Outdoor' per UCC Section 9174.3(C)
(5)(b).
2.The applicant shall restrict the use of 1078 Cunningham to only identified employees, and
all entrants shall wear appropriate Personal Protective Equipment. No employee will be
stationed or assigned within the warehouse. The General Public shall not be allowed entry
into 1078 Cunningham.
3.Sale or consumption of alcohol or tobacco is not allowed on the premises of Assessor
Parcel Number (APN) 003-140-65.
4.Only cannabis products purchased on-site can be consumed within the designated
‘Cannabis Consumption Area – Outdoor’.
5.Access to the area where cannabis consumption is allowed shall be restricted to persons 21
years of age or older.
6.Prior to operation, the Applicant shall install vertical privacy slats within the existing chain-
link fence to ensure that the ‘Cannabis Consumption Area – Outdoor’ is not visible from any
public place or non-age-restricted area.
7.Consumption of ‘Cannabis Products’ is prohibited indoors, or in any place visible to the
public, including the raised decks attached to 1076 Cunningham Street. Customers are
discouraged from consuming cannabis in proximity to the premises boundaries.
CITY OF UKIAH STANDARD CONDITIONS
8. This approval is not effective until the 10-day appeal period applicable to this Use Permit
has expired without the filing of a timely appeal. If a timely appeal is filed, the project is
subject to the outcome of the appeal and shall be revised as necessary to comply with any
modifications, conditions, or requirements that were imposed as part of the appeal.
9. 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 Use Permit.
Page 20 of 49
10. 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.
11. 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.
12. Building permits shall be issued within two years after the effective date of the Site
Development Permit or same shall be null and void.
13. 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.
14. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter
7, Signs, of the UCC.
15. The Applicant shall submit a Landscaping and Irrigation Plan for approval prior to Building
Permit issuance.
16. 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.
DEPARTMENT OF PUBLIC WORKS CONDITIONS
17. In accordance with street improvement plans prepared by a Civil Engineer and approved by
the Department of Public Works, applicant shall construct curb, gutter and accessible 5-ft
wide sidewalk along the subject property frontages, including a curb ramp at the
intersection of Cunningham Street and Rupe Street. Face of curb shall be located 20 feet
from the street centerlines, with public access and utility easements granted to the City as
required. Improvement plans shall include provisions for proper drainage improvements,
and sidewalk and pavement transitions. Existing utilities shall be relocated as necessary.
18. 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.
19. Prior to construction of site improvements, a final grading and drainage plan, and an
erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for
review and approval by the Department of Public Works.
20. Should improvements exceed 10,000 square feet of new or replaced impervious surface,
post-construction storm water mitigation measures may be required.
21. Sewer connection fees shall be paid at the time of building permit issuance.
ELECTRIC UTILITY DEPARTMENT CONDITIONS
22. Developer is to provide EUSERC approved electrical equipment compatible with the City of
Page 21 of 49
Ukiah’s EUSERC Acceptability Chart before the panel can be used on this project.
23. 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.
24. Developer/customer shall incur all costs of this future project to include (labor, materials,
equipment and future services).
25. There shall be an easement provided to the EUD for any electric service that transverses
through the property. Or around any City owned Electric equipment.
BUILDING DEPARTMENT CONDITIONS
26. As necessary, submit plans and building permit application. Please submit three complete
plan sets, two wet stamped and signed
27. 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:
28. 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.
29. The business permittee shall provide the City with the current name and primary and
secondary telephone numbers of at least one manager to communicate with the
surrounding neighborhoods and businesses. The business shall make good faith efforts to
encourage neighborhood residents to call this person to solve problems, if any, before any
calls or complaints are made to the City or Police Department.
30. The business permittee shall immediately report to the City Police Department all criminal
activity occurring on the business site.
31. 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 buildings on the site, or the site’s main
entrance and lobby.
32. 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.
33. Electronic “point of sale” age verification system is required which scans and authenticates
Page 22 of 49
ID, identifies fake ID’s, records dates and times of transactions, has the ability to create a
“banned patron” list.
34. 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.
35. All perimeter fencing and gates shall be constructed of decorative tubular steel, no climb
type.
36. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen
persons before allowing entry.
37. Broken or damaged exterior lighting shall be repaired or replaced within t48 hours of being
noted.
38. Report any graffiti to UPD @ (707) 463-6262. After reporting, clean-up/paint over as soon
as possible. Spray on graffiti remover can be purchased at hardware supply stores.
39. Property shall be kept free of debris/garbage.
40. Applicant shall install a “Knock Box” to allow Police Department emergency access to the
interior and exterior areas of the property after hours.
41. Height markers shall be installed on the interior doorways and front door entrance.
42. 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.
43. Any proposed revisions to the approved Security Plan shall be made in writing and subject
to approval.
44. 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
45. All exit doors shall be equipped with lighted exit signage and emergency lighting with a
battery backup.
46. Main entry door must swing in direction of egress travel “out”.
47. There may be other minor Fire Code additions when plans are submitted, ie. Address
location, and the need for additional fire extinguishers.
48. 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.
49. Fire extinguishers shall be required. Fire Marshal can assist with location and number of
required extinguishers.
Page 23 of 49
50. Fire sprinkler system shall be maintained and modified as necessary.
51. 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.
52. It is highly recommended that all exists be clearly marked. Means of egress shall be
illuminated when the building space is occupied, CFC 1008.2
53. 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 minutes in
case of primary power loss. CFC 1013.3 & 1013.6.3.
54. In the event of power supply failure, an emergency electrical system shall automatically
illuminate the means of egress. CFC 1008.3.
55. An “Knock Box” key security safe shall be required, and mounted on the exterior at a
location specified by the Fire Marshal.
56. Emergency contact information shall also be provided to the Fire Department.
Page 24 of 49
ATTACHMENT 3Page 25 of 49
IndustrialManufacturingZone 2N/AN/AYesYesPage 26 of 49
Page 27 of 49
Supplemental Application Materials – Cannabis Consumption Area
If onsite consumption (including smoking, vaping, and ingestion of edible cannabis products) is
a planned part of the business, provide an onsite consumption plan. The onsite consumption
plan must include:
1.Visualization of the cannabis consumption area as part of the associated site plan, as
well as a detailed floor plan demonstrating how the proposal conforms to the standards
identified in UCC §9174.3(C)(5)(b). The consumption area shall be limited to the
following:
a.Outdoor: Consumption of cannabis by smoking, vaping, and ingestion; or
b.Indoor: Consumption by ingestion only;
PLEASE SEE ATTACHED SITE PLAN
2.A detailed description on visibility considerations from any public place or non-age-
restricted area (e.g. types of windows used, and/or example elevations as seen from the
public right-of-way); and
The elevated walkway along the South Side of the building is visible from Cunningham
St. Access to this area is restricted to employees only and no smoking/consumption
will be permitted. The rest of the site will be behind the 6ft privacy fence and not
visible from any of the surrounding public streets or sidewalks.
3.If smoking and vaping of cannabis products is proposed, a detailed description of
compliance with City’s Anti-Smoking Ordinance (Division 5, Chapter 7, Article 4), and
considerations for ventilation, if applicable; and
Division 5, Chapter 7, Article 4 Section 4504 REGULATION OF SMOKING IN PLACES OF
EMPLOYMENT, A: Smoking will only occur outdoors in a non-enclosed area which
would constitute a smoke-free work place for all employees. Division 5, Chapter 7,
Article 5 Section 4506 POSTING OF SIGNS: Signage indicating “No Smoking” areas will
be clearly posted.
4.A security plan that addresses considerations that may arise with onsite consumption by
patrons;
PLEASE SEE ATTACHED REVISED SECURITY PLAN; Appendix F- Outdoor Consumption
Lounge, PG 41.
Page 28 of 49
5. Employee Training, Notification, and Customer Education: Information on how the business
shall train their employees about the various products available for consumption, including
potency of the products, absorption time, and effects of the products.
Staff is trained and knowledgeable about consumption methods, potency, absorption time, and
effects of all of the products that we carry in the store. Each product also contains State
Regulated labeling with the Certificate of Analysis results which indicate the dosage and potency
of the product. All edible and manufactured products also contain labeling which indicates the
specific directions for use of the product.
Page 29 of 49
Building 1
1076 Cunningham St.Building 2
1076 Cunningham St.
Waste Storage
Container
Biomass Frozen Storage
Manufacturing
Outdoor Seating
Consumption Lounge
Area
Raised walkway visible from Cunninh
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Heritage Mendocino Outdoor Consumption
Area Site Plan KEY
==== Redwood Slat and
Chainlink Privacy Fencing
===== Outdoor Seating
Area
Page 30 of 49
x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
NEW TRASH ENCLOSER (REDWOOD SHED)EXISTING BUILDING2,480 S.F.PLANTER62’ - 0"3’X4’TRUNCATEDDOME(E) WATER METER(E) ELECTRIC METER(N) 16’ GATE(N) 24’ GATEPROPERTYLINEADA SIGNAGEMOUNTED ON BUILDING52" COMMERCIALFREEDOM LIFTADA VAN PARKING, CONCRETE, 2% SLOPE IN ALL DIRECTION, SEE ADA2, DETAIL 1NEW 6’-0" TUBULAR STEEL (NO CLIMB) FENCE TYPPROPERTY LINENEW SOLAR LED PATHWAY& STREET LIGHT 3000 LUMENNEW SOLAR LED PATHWAY& STREET LIGHT 3000 LUMEN120 LEDWALL PACK LIGHT(E) POWER POLE & TREES(N) MAIDENHAIRTREE, TYP(E) OAK TREEDROP INLET(N) COMMON HACKBERRY(N) PAVED PARKING AREA, 10 PARKINGSPACES & 1 ADA SPACE(N) HYBRID ELMEVERY 30’ TYP(N) PARKING ENTRY(E) CHAIN LINK FENCE TO BEREMOVED AND REPLACED WITH NEWFENCECUNNINGHAM STREETRUPE STREET9 0 " C U L V E R T(N) STARJASMINE -TYPNEW SOLAR LED PATHWAY& STREET LIGHT 3000 LUMENTALMAGE ROAD(N) PERMANENTMONUMENT SIGN, SEE DETAIL THIS SHEETACCESS TO TRASH ENCLOSER (CONCRETE) GAGANEW SOLAR LED PATHWAY& STREET LIGHT 3000 LUMEN(TYP)GAGA4’ NEW SIDEWALKW/CURB & GUTTER12346789DOOLIN CREEK NEW TREE WELL AND TREE (HYBRID ELM) -TYP, SEE DETAIL ON SHEET A1.5 AND DETAIL ON THIS SHEET(E) TREES TO BE REMOVED(E) LOADINGDOCKS(N) 3-BIKERACK#10 CAV/VANPOOL/EVPARKING SPACE81’ - 3 1/2"85’ - 3 1/2"TOP OF BANK(N) 4’ GATE106X6 PTCURB 54’ - 0"LAODING ZONEDRAINAGEDRAINAGEDRAINAGEDRAINAGEALL DOWN SPOUTS, FOOTING AND FOUNDATION DRAINS SHALL CONNECT TO THE STORM DRAINAGE SYSTEM. U.N.O.FLATWORK (NEW WORK)FLATWORK (NEW WORK)FLATWORK (NEW WORK)FLATWORK (NEW WORK)1.EXTERIOR CONCRETE (NEW WORK)2. CONCRETE ON 6" CONCRETE BASE ON NON-EXPANSIVE BASE W/ #4REBAR CONT. ALONG PERIMETER. EDGE FOOTING OF CONCRETE BASESHALL BE 6" WIDE, WITH 1/8" WIDE CONTROL JOINTS LOCATED EVERY 10’IN BOTH DIRECTIONS AND 1/4" DEEP.3. FINISH GRADE TO SLOPE AWAY FROM FLATWORK @ 1/4" PER FT.PROVIDE 1/2" EXPANSION JOINT W/ FILLER STRIP @ EDGE OF FLAT WORK). 4. PROVIDE DECK TO WALL FLASHING. EXTEND FLASHING 4" ABOVEFINISH TERMINATION.TERMINATE WALL FINISH 1-1/2" ABOVE DECK. USETHRESHOLD FLASHING AT DOORS.5. ALL AREAS OF CIRCULATION SHALL BE PAVED WITH A MINIMUM OF 2"OF AC ON 6" OF BASE OR OTHER SUITABLE ALL-WEATHER SURFACEAPPROVED BY THE CITY ENGINEER. THIS INCLUDES THE PROPOSEDDRIVEWAYS AND PARKING AREAS. IF HEAVY TRUCK TRAFFIC ISANTICIPATED FROM THE SOLID WASTE COMPANY, DELIVERY TRUCKS, OROTHER HEAVY VEHICLES, THE PAVEMENT SECTION SHALL BE CALCULATEDAPPROPRIATELY TO ENSURE THAT IT CAN WITHSTAND THE LOADING.RPRROBFOX2/28/18COPYRIGHT C BY RUFF + ASSOCIATES, ALL RIGHTS RESERVED.1076 CUNNINGHAM ST. & CHECKED BYSHEETPAGESCALEDATE CREATEDDATE REVISEDDRAWN BYOFCA License # C11736 -B597217Architecture Planning DevelopmentRUFF + ASSOCIATESe-mail: richard@ruffarchitect.comPhone: 707-472-0525, Fax: 707-472-0527100 West Standley Street, Ukiah, CA 95482#REVISIONSDATEBYTENNANT IMPROVEMENT FOR:AS NOTEDNO. C11736REN.11-30-21FOHCTEATSRIARDRU NORFCALIAIFF NO. C11736DHCEECLIRISNATRDE RUFFTCIHRAC -KYLE GREENHALGH TALMAGE RD. UKIAH, CA 95482#PLAN CHECK COMMENTS8/15/19ROBFOXZ:\PROJECTS 2019\Kyle 10778 Cunningham\drawing\HVAC Heritage MendocinoPermitSet.rvt1/20/2020 10:07:15AMA0.1SITE PLAN 1/16" = 1’-0"1SITE PLANNOTE:NOTE:NOTE:NOTE:SEE SHEET A0.2 FOR SEE SITE IMPROVEMENTS PARKING & SIDEWALK DETAILS24,325 TOTAL LOT S.F.(LANDSCAPE: 20% REQUIRED = 4865 S.F.),-LANDSCAPE:...................................5278 S.F.-PARKING PAVEMENT: .......................4459 S.F.-CONCRETE ACCESS TO TRASH: ...........1030 S.F.-SIDEWALK: ....................................1902 S.F.-BUILDING:......................................2480 S.F.-CONCRETE @ ENTRY & ADA PARKING:... 555 S.F.-CITY SIDEWALK:..............................1900 S.F.TYPICAL GROUND COVER:TYPICAL GROUND COVER:TYPICAL GROUND COVER:TYPICAL GROUND COVER:GA-GAZANIA HYBRID YELLOW/ORANGE (LAWN)NOTESNOTESNOTESNOTES1. THIS PLAN IS DIAGRAMMATIC IN NATURE. LOCATIONOF IRRIGATION IN FIELD MAY VARY.2. ALL PIPES, WIRES & VALVES TO BE LOCATEDIN PLANTERS WHERE POSSIBLE.3. INCORPORATE COMPOST OR NATURAL FERTILIZER INTO THE SOIL TOMIN. DEPTH OF 8" AT A MIN. RATE OF 6 CUBIC YARDS PER 1,000 SQUAREFEET OR PER SPECIFIC AMENDMENT RECOMMENDATIONS FROM A SOILSLABORATORY REPORT.4.A MIN. OF 3" LAYER OF MULCH SHALL BE APPLIED ON ALL EXPOSEDSOIL SURFACES OF PLANTING AREAS EXCEPT IN TURF AREAS, CREEPINGOR ROOTING GROUNDCOVER OR DIRECT SEEDING APPLICATIONS5. IRRIGATION: 1/2" DRIP HOSEPage 31 of 49
NEIGHBORHOOD MAPNEIGHBORHOOD MAPNEIGHBORHOOD MAPNEIGHBORHOOD MAP1. AFFORDABLE AUTOMOTIVE 150 PERRY ST.2. 205 TALMAGE RD. GRATON TRACTOR3. KENS AUTO CARE4. 1009 CUNNINGHAM RD. MY CUSTOM DESIGN5. REDWOOD PLAZA CAR WASH6. 150 TALMAGE RD. BOTTLE SHOP/ MARINOS PIZZA7. UKIAH RECYCLE8. SMALL ENGINE REPAIR9. 303 TALMAGE AG. UNLIMITED10. 1051 CUNNINGHAM ROAD FISH PEDDELER11. 940 WAUGH LANE PRICELESSRENT A CAR12. 930 WAUGH GLASS WORKS13. 920 WAUGH LANE BUSINESS14. 910 WAUGH LANE CHRIS FURNITURE & UPHOLSTERY15. UNLIMITED WHEAK & TIRES16. 201 THOMAS CROP PRODUCTIONS17. 233 THOMAS RESIDENCE18. 235 THOMAS DUNN RIGHT PAINTING\19. 265 THOMAS BUSINESS20. WOOD BUSINESS21. 950 WAUGH LANE EMPIRE MOTOR SERVICES22 & 23 415/419 TALMAGE RD. TALMAGE OFFICE PARK24. 290 THOMAS RESIDENCE25. 260 THOMAS RESIDENCE27. 240 THOMAS RESIDENCE28. 332 THOMAS RESIDENCE29. 188 THOMAS RESIDENCE30. 184 THOMAS RESIDENCE31. 182 THOMAS BUSINESS32. VACANT PARCEL33. STORE IT RENTAL34. 290-1/2 CUNNINGHAM RD. RESIDENCE35. 180 THOMAS RESIDENCE36. 200 PERRY ST. BUSINESS37. 203 TALMAGE COIN STOP/BERTZ INCOME TAXMENDOCINO FARM BUREAU38.400 TALMAGE GUIDVILLE INDIAN RANCHERIA107810781078107831562379222348355271011121314323273616171819203130292827262524NO. C11736REN.11-30-17FODHCEECTEATSLIRISNATRDERU NORFCALIAIFF TCIHRAC NO. C11736DHCEECLIRISNATRDER UFF TCIHRAC RPRROBFOX3/10/18COPYRIGHT C BY RUFF + ASSOCIATES, ALL RIGHTS RESERVED.1076 CUNNINGHAM & TALMAGE RD. UKIAH, CA, 95482CHECKED BYSHEET TITLESHEETPAGESCALEDATE CREATEDDATE ISSUEDDRAWN BYOFCA License # C11736 - B597217Architecture Planning DevelopmentRUFF + ASSOCIATESe-mail: richard@ruffarchitect.comPhone: 707-472-0525 Fax: 707-472-0527100 West Standley Street, Ukiah, CA 95482# REVISIONSDATE BYTENNANT IMPROVEMENT FOR:AS NOTED--KYLE GREENHALGHZ:\PROJECTS 2018\Kyle 10778 Cunningham\drawing\Heritage Mendocino New.rvt8/8/2018 7:46:18 AMA0.2NEIGHBORHOODCONTEXT MAP 1/4" = 1’-0"1NEIGHBORHOOD CONTEX MAPPage 32 of 49
Page 33 of 49
50
0.57 Ac. ±
51
1.36 Ac. ±
52
0.57 Ac. ±
Assessor's Map
County of Mendocino, Calif.
April 19, 2022
NOTE: This map was prepared for
assessment purposes only. No liability
is assumed for the data delineated
hereon.
43 4442
42
53
1.36 A±
54
0.57 A±
55
0.17 A±
56
0.75 A±
57
0.35 A±
58
0.25 A±
59
0.2 A±
60
0.25 A±
61
0.25 A±
62 0.05 A±
36
37
38
39 40
41
10'50'50'35'200'
230'
230'
63
0.86 A±
64
0.5 A±
65
1.14 A±
Pcl 1
LLA_21-6503
Pcl 3
LLA_21-6503
Pcl 2
LLA_21-6503
Page 34 of 49
Comprehensive
Security Plan
For Heritage Mendocino
Amended:May 12,2023 Version 5
Located at 1076 and 1078 Cunningham
ST.Ukiah,CA 95482
Hours Of Operation
Monday –Saturday 9am-7pm
Sunday 11am –5pm
Page 35 of 49
Table of Contents
Table of Contents
Introduction 4
Roles and Responsibilities 6
Security Manager 6
Compliance Officer 7
Inventory Control Manager 7
Computing Security Officer 7
Employee Involvement 7
Emergency Procedures 8
Emergency Contacts 8
Engineering Controls for Emergency Response 8
Armed Robbery 9
Burglary 10
Medical Emergencies 10
Fire Emergencies 11
Chemical Spills 12
(this section is repeated in the Waste Management Plan)12
Workplace Violence Policy 13
Facilities 14
Hours of Operation 14
Perimeter Security 14
Premises Ingress and Egress 15
Product Visibility 16
Odor Controls 17
Building Diagram of Locations Having Alarm Systems,Security Cameras,and Lighting
17
Heritage Mendocino Amended Security Plan:Version 3 |1
Page 36 of 49
Lighting Description:Interior/Exterior 18
Backup Power System 19
Alarm System 19
Digital Video Surveillance Plan 19
Equipment Standards 20
Recording Protocol 20
Recorded Surveillance Storage Protocol 20
Equipment Maintenance 21
Closing Procedure 22
Product Access 22
Employee Access Levels 22
Employee Identification 23
Facility Access Procedures 23
Key Issuance Procedure 23
Access Codes 24
Key Return and Access Termination Procedure 24
Locks/Cabinets/Safes/Vaults 25
Visitor/Contractor Access 25
Employee-Specific Security Policies 26
Employee Background Checks 26
Security Training 26
Diversion Prevention 27
Signage 27
Employee Access to Products 28
Inventory Control Management 28
Inventory Tracking 28
Transferring Products 29
Management of Waste including Expired Products 30
Waste Disposal Security 30
Business Property Records 31
Computing Security 31
Heritage Mendocino Amended Security Plan:Version 3 |2
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Operational and Technical Controls 32
Physical Controls 33
Electronic File Storage and Archiving 33
Appendices 34
Security Access Log 34
Key/Key Card User Agreement 36
Visitor Log 37
Network and Computing Resources User Agreement 39
Appendix F:Outdoor Consumption Area 41
Heritage Mendocino Amended Security Plan:Version 3 |3
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Introduction
This Security Plan describes the policies,procedures,engineering and physical controls,and
other measures that will be implemented to ensure a safe and secure environment for
employees,customers,and the community,as well as to comply with local and state security
requirements.
A primary goal is to prevent unauthorized entry to the premises,deter theft,burglary and
diversion of cannabis products or other valuables,and prevent access to these products by
individuals under 21 years of age.State and local laws supersede any item in the Plan that does
not meet regulatory requirements.
Within this plan THC-or CBD-containing material is referred to as “the product.”
Where an “employee”is referred to in this plan,it also includes other individuals involved with
Heritage Mendocino,including owners,officers,agents,and others representing the company.
Heritage Mendocino Amended Security Plan:Version 3 |4
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Roles and Responsibilities
Security Manager
The Security Manager will be responsible for ensuring that this Security Plan is properly
implemented.
As relates to the hiring of personnel to staff positions listed in this plan,the CEO or a designee
will ensure that the qualifications are met for each employee that requires experience or
training above a nominal level,including checking prior employment,degrees or training
received,and other references.
Security Personnel
Security Personnel will be hired by Heritage Mendocino.The security personnel will
maintain a safe and secure environment for customers and employees by patrolling and
monitoring premises and personnel.
The Security Personnel secures premises and personnel by patrolling property;monitoring
surveillance equipment;inspecting buildings,equipment,and access points;permitting entry
and obtains help by sounding alarms.
Security will prevent losses and damage by reporting irregularities;informing violators of policy
and procedures;restraining trespassers.
They will complete reports by recording observations,information,occurrences,and
surveillance activities;interviewing witnesses;obtaining signatures.
It is one of their responsibilities to maintain environment by monitoring and setting building and
equipment controls,as well as maintain organization's stability and reputation by complying
with legal requirements.
The security personnel is to ensure operation of equipment by completing preventive
maintenance requirements;following manufacturer's instructions;troubleshooting
malfunctions;calling for repairs;evaluating new equipment and techniques.
Security Personnel contributes to team effort by accomplishing related results as needed.
Heritage Mendocino Amended Security Plan:Version 3 |5
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Compliance Officer
The Chief Executive Officer (CEO)will designate a Chief Compliance Officer (CCO),who will be
responsible for implementing the Plan,or managing a designee who will be responsible for a
subset of tasks.
The CCO will ensure that all security procedures are followed related to facility access,
emergency response,transportation,training,hiring and supervising security officers,
background checks,prohibiting the access of minors to the premises,and other procedures
specified in this document.
The CCO is responsible for clearly designating who will serve as a senior security officer in an
emergency if both the CEO and CCO are not present.
The CCO will regularly report to the CEO on the status and efficacy of the Security Plan.The CCO
will review the Plan annually and recommend changes or amendments to the CEO to improve
security features or processes.
The CCO will be the primary contact for all security equipment vendors.
Inventory Control Manager
Under the direction of the CCO,the Inventory Control Manager (ICM)will be responsible for the
implementation and operation of the inventory control or track-and-trace system and for
ensuring compliance with portions of this Plan related to diversion prevention.
Computing Security Officer
Under the direction of the CCO,the Computing Security Officer (CSO)with appropriate
experience and training will manage the security related to data and technology will be
responsible for ensuring compliance with the Computing Security portion of this Plan.
Employee Involvement
Staff will be asked to review security procedures related to their specific tasks at least once per
year and give recommendations for improvements.
Heritage Mendocino Amended Security Plan:Version 3 |6
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Emergency Procedures
Heritage Mendocino will invite first responders to visit the premises for a walk-through prior to
receiving the first shipment of product and request suggestions to the CO to improve the
security layout.
During an emergency,if the CCO is on the premises,he/she will serve as the senior security
officer and manage activities until the CEO is present.If the CCO is not present,a designated
senior security officer will call 911 and interact with Emergency Response personnel.If there is
no safety risk to staying on the premises and emergency responders do not direct otherwise,
other employees will immediately monitor entrances and exits to prevent unauthorized access,
and monitor products that are accessible to customers,contractors,or visitors.
Heritage Mendocino will install a “Knox Box”which will allow the police and fire
departments access in the case of an emergency.The “Knox Box”will allow access to
the interior and exterior portions of the property during non-business hours.
Emergency Contacts
CEO/President:Kyle Greenhalgh (510)919-6743
Vice President:Joe Thomas (707)367-3296
Secretary:Coral Jacobson (503)724-7418
Engineering Controls for Emergency Response
1.A silent alarm for use during an armed robbery.
2.An audible panic alarm to indicate the need for evacuation and a call to 911.
3.A notification system generating a sound,text,or visual signal when the
alarm/surveillance system malfunctions.
4.These engineering controls will remain operational during a power outage.
Heritage Mendocino Amended Security Plan:Version 3 |7
Page 42 of 49
Page 43 of 49
APPENDIX F
Outdoor Consumption Lounge
1.The cannabis consumption area will include adequate security cameras and lighting
on-site to ensure the safety of persons and protect the premises from theft at all
times.
2.The elevated walkway along the South Side of the building is visible from
Cunningham St.Access to this area is restricted to employees only and no
smoking/consumption will be permitted.The rest of the site will be behind the 6ft
privacy fence and not visible from any of the surrounding public streets or sidewalks.
3.On Site security guards will monitor cameras and conduct walkthroughs of the
cannabis consumption area,as well as regular perimeter checks.Security guards will
hold an active guard card and will not possess firearms or tasers.
4.Patrons will be ID’d and notified of the following verbally and through posting of a
sign in a conspicuous location readily visible to persons entering the premises:
A.Entry into the premises by persons under the age of twenty-one is prohibited.
B.Smoking/No Smoking Area
5.All operations will be in compliance with City's Anti-Smoking Ordinance (Division 5,
Chapter 7,Article 4}as follows:
A.Division 5,Chapter 7,Article 4 Section 4504 REGULATION OF
SMOKING IN PLACES OF EMPLOYMENT,A:Smoking will only
occur outdoors in a non-enclosed area which would
constitute a smoke-free workplace for all employees.
B.Division 5,Chapter 7,Article 5 Section 4506 POSTING OF
SIGNS:Signage indicating “No Smoking”areas will be clearly
posted.
6.Cannabis consumption areas shall only provide cannabis to an individual in an
amount reasonable for on-site consumption and consistent with personal possession
and use limits allowed by the state.Staff is trained and knowledgeable about
consumption methods,potency,absorption time,and effects of all of the products
that we carry in the store.Each product also contains State Regulated labeling with
the Certificate of Analysis results which indicate the dosage and potency of the
Heritage Mendocino Amended Security Plan:Version 3 |41
Page 44 of 49
product.All edible and manufactured products also contain labeling which indicates
the specific directions for use of the product.
7.Staff will be trained to identify over-intoxication and will take necessary measures
to ensure public safety and the safety of patrons.
I.E.)Calling taxis for intoxicated patrons,cutting off consumption before a patron
becomes over-intoxicated,providing drinking water and a safe space for patrons to
sober up if they are starting to get too intoxicated.
Heritage Mendocino Amended Security Plan:Version 3 |42
Page 45 of 49
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September 12, 2023
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Jesse Davis, Chief Planning Manager jdavis@cityofukiah.com 707 463-6207
Heritage Mendocino Cannabis Consumption Lounge MaUP #23-8481
1076 Cunningham St. APN 003-140-52
Industrial
Manufacturing
Zone 1, Zone 1*, & Zone 2
07/31/23
8/23/23
8/30/23
Kyle Greenhalgh (applicant)
kyle@heritage-mendocino.com
Addition of outdoor cannabis consumption lounge to existing dispensary
✔
Digitally signed by Scott Bozzoli
Date: 2023.08.31 06:26:34 -07'00'8-31-2023
ATTACHMENT 4
Page 46 of 49
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Currently the Electric Department has “No Comment” on the Heritage Mendocino Cannabis
Consumption Lounge MaUP #23-8481. All the electrical design on our end was completed during
original construction.
If the customer will need to upgrade their panel in the future, the Electric Department will need to be
made aware of it.
Page 47 of 49
Page 48 of 49
1
Jesse Davis
From:Steven Switzer <switzers@mendocinocounty.gov>
Sent:Friday, September 1, 2023 2:47 PM
To:Michelle Irace
Cc:Julia Krog; Jesse Davis
Subject:RE: Project Referral- Heritage Mendocino Cannabis Consumption Lounge MaUP
Follow Up Flag:Follow up
Flag Status:Completed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi Michelle‐
Thanks for the addiƟonal informaƟon.
I also would like to clarify that the proposed project would only be captured by the Voluntary Referral of Land Use
AcƟons.
As the local agency you may choose to voluntarily refer the project for an informal review and/or consultaƟon for
compaƟbility with airport acƟviƟes. A formal Airport Land Use Consistency DeterminaƟon would not be required. My
apologies for any confusion on that end.
Since this would be a voluntary referral, as the local agency you are not required to adhere to the ALUC review period or
overrule process if you elect to approve the project without incorporaƟng design changes or recommended condiƟons.
It is worth noƟng that the project should be considered with the following four compaƟbility factors in mind:
(1) Noise: LocaƟons exposed to potenƟally disrupƟve levels of aircraŌ noise.
(2) Safety: Areas where the risk of an aircraŌ accident poses heightened safety concerns for people and property on
the ground.
(3) Airspace ProtecƟon: Places where height and various other land use characterisƟcs need to be restricted in
order to prevent creaƟon of physical, visual, or electronic hazards to flight within the airspace required for
operaƟon of aircraŌ to and from the Airport.
(4) Overflight: LocaƟons beneath where aircraŌ in flight are disƟnctly visible and audible even if not necessarily
directly overhead.
Should the City want a further review of the project’s compaƟbility, the County can prepare some addiƟonal comments.
AŌer speaking with Julia, we both agree that it would be worthwhile to set up a Ɵme to have a conversaƟon regarding
the voluntary referral process. A large majority of the development within Ukiah would be captured on a voluntary
referral basis since the City’s General Plan was deemed consistent with the UKIALUCP.
Looking forward to hearing back from you.
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