HomeMy WebLinkAbout2024-01 PC Reso - Agricultural Consistency Ordinance PLANNING COMMISSION RESOLUTION NO. 2024-01
City Of Ukiah December 11, 2024
"AGRICULTURAL CONSISTENCY ORDINANCE"
RESOLUTION OF THE PLANNING COMMISSION, CITY OF UKIAH, STATE OF CALIFORNIA,
PROVIDING A REPORT AND RECOMMENDATION TO THE UKIAH CITY COUNCIL REGARDING
THE PROPOSED ADOPTION OF AMENDMENTS TO DIVISION 7 AND DIVISION 9 OF UKIAH CITY
CODE
WHEREAS, on December 7, 2022, the Ukiah City Council adopted Resolution No. 2022- 79 certifying
the Environmental Impact Report for the City of Ukiah 2040 General Plan (State Clearinghouse No.
2022050556) (the "General Plan EIR"), which analyzed the environmental impacts of the adoption of
the City's General Plan, and adopted a Mitigation Monitoring and Reporting Program and Statement of
Overriding Considerations; and
WHEREAS, the City may adopt ordinances that regulate the use of land pursuant to Government Code
Section 65850; and
WHEREAS, in 2023 and 2024, the City of Ukiah Community Development Department (the
"Department") initiated a process to revise and update -A and A-E zoning districts of the of Ukiah City
Code, apprising the City of Ukiah Planning Commission and City Council during budget planning
updates; and
WHEREAS, the Department is proposing a comprehensive update of its -A and A-E zoning districts to
align Ukiah's agricultural standards, allowances and land-use terminology with those adopted by
Mendocino County as conveyed by the 2040 Ukiah General Plan Agriculture Element, Implementation
Program C (Align Agricultural Standards); and
WHEREAS, the Department is proposing adoption of select aspects of Mendocino County's A-E
zoning regulations for cannabis-related regulations, in addition to the implementation of a more
restrictive cannabis cultivation framework within the-A and A-E zoning districts, aligning with state-level
environmental and public health policies, and aligning with General Plan goals in the preservation of
agricultural resources and promotion of long-term compatibility with adjacent land uses; and
WHEREAS, Cannabis cultivation will be reviewed by discretionary permit, allowing the City to evaluate
each site individually, considering unique environmental conditions such as proximity to sensitive
habitats, water resources, and existing land uses. This approach enables the City to identify potential
environmental impacts on a project-by-project basis, consistent with CEQA requirements, and impose
targeted mitigation measures to address identified impacts, such as stormwater management
practices, noise attenuation, or additional site security considerations; and
WHEREAS, the Articles of the Ukiah Code proposed for amendment or inclusion are attached to this
resolution as Exhibit A and incorporated herein by this reference (the "Agricultural Consistency
Ordinance"), which show the changes to the various chapters in redline and strikethrough, or indicate
that articles are new or being edited; and
WHEREAS, the City of Ukiah's Land Use and Agricultural Elements include goals, policies, and an
implementation program to foster regional consistency between the City of Ukiah and Mendocino
County. This alignment ensures that agricultural lands within Ukiah's planning area are protected from
incompatible uses and that zoning standards support sustainable and economically viable agricultural
practices; and
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WHEREAS, encouraging consistency between City and County standards reduces administrative
complexity for property owners and operators, creating a streamlined regulatory framework; and
WHEREAS, the adoption of the Agricultural Consistency Ordinance aligns with the City's commitment
to the preservation and enhancement of agricultural lands as a key regional resource; and
WHEREAS, the statutory exemption set forth in Section 15183 of the California Environmental Quality
Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq; "CEQA Guidelines") applies to this
action because, for the reasons set forth in the Staff Report accompanying this Resolution, the
Agricultural Consistency Ordinance does not have the potential to cause a significant effect on the
environment and is therefore not subject to CEQA, as the project is consistent with the City of Ukiah
2040 General Plan; and
WHEREAS, in accordance with applicable provisions of law, the Planning Commission held a public
hearing on December 11, 2024, at which time the Planning Commission heard and received all
relevant testimony and evidence presented orally or in writing regarding the Agricultural Consistency
Ordinance and all interested persons were given an opportunity to hear and be heard regarding the
Agricultural Consistency Ordinance; and
WHEREAS, the Planning Commission considered all of the information presented to it including the
Staff Report, and public testimony presented in writing and at the public hearings; and
WHEREAS, the Planning Commission has had an opportunity to review this Resolution and finds that
it accurately sets forth the intentions of the Planning Commission regarding the Agricultural
Consistency Ordinance.
NOW, THEREFORE BE IT RESOLVED that the City of Ukiah Planning Commission, based upon
evidence in the record and oral and written testimony presented at public hearings, and all information
contained in the record of proceedings related to the Agricultural Consistency Ordinance, makes the
following findings and recommendations:
1. The above recitals are true and correct, and incorporated herein by this reference.
2. The proposed changes of the Agricultural Consistency Ordinance are consistent with the City of
Ukiah 2040 General Plan. Pursuant to Government Code Section 65860, a zoning ordinance is
consistent with a general plan if the City has adopted a plan and the various land uses authorized by
the ordinance are compatible with the objectives, policies, general land uses and programs
specified in the plan. None of the zoning district articles being modified affect the conformity with
the 2040 General Plan.
3. The proposed project has been reviewed in compliance with the California Environmental Quality
Act (CEQA). As the proposed Agricultural Consistency Ordinance is consistent with the Ukiah 2040
General Plan, the project relies upon the General Plan EIR and qualifies for a statutory exemption
under CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
4. That the City Council adopt an ordinance making the changes shown in the Agricultural
Consistency Ordinance, as shown in the attached Exhibit A.
BE IT FURTHER RESOLVED that the Planning Commission designates the City Clerk as the
custodian of the document and other materials that constitutes the record of proceedings upon which
the Planning Commission decision herein is based. These documents may be found at the office of the
City of Ukiah Department of Community Development, 300 Seminary Avenue, Ukiah, CA 95482.
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PASSED AND ADOPTED this 1111 day of December 2024, by the following roll call vote:
AYES: Commissioners Hilliker, de Grassi, and Chair Johnson.
NOES: None.
ABSENT: None.
ABSTAIN: None.
1 hereby certify that according to the Provisions of Government Code Section 25103 delivery of this
document has been made.
Craig N tter, Community Development Rick Johnson, Planning Commission
Director Chair
ATTEST:
ristine Lawler, CMCICPMC
City Clerk
Exhibit A: Enclosed
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ORDINANCE NO. 2024 -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS
OF DIVISIONS 7 AND 9 OF THE CITY CODE TO REGULATE AGRICULTURAL USES AND
CERTAIN CANNABIS BUSINESS STANDARDS.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. It is the policy of the City of Ukiah to implement shared approaches to local agriculture and
strengthen existing City policies regarding preservation and enhancement of regional working
lands; and
2. Agricultural production has been an important part of the regional economy for generations and
will continue to be a foundational component for decades to come. In addition to the economic
benefits, agricultural lands provide a pastoral quality that helps define the character of the Ukiah
Valley. If undertaken appropriately by addressing issues related to health and, potential
nuisances (e.g., noise, odor, aesthetics), urban agriculture can improve access to healthy food,
promote community development, and create jobs.
3. It is a goal of the City of Ukiah to preserve and strengthen agricultural uses in and around Ukiah
that influence the regional economy (AG-1), and as a policy of its Agriculture Element of the
2040 General Plan, the City shall reduce conflict between incompatible uses and agriculture
within and adjacent to the City(AG -- 1.1).
4. To implement this policy the City shall revise agricultural standards and use terminology to be
consistent with adjacent jurisdictions within the Ukiah Valley for the support of future annexation
efforts (Agriculture Implementation Program C).
SECTION 2
Section 6093 of the Ukiah City Code its hereby amended to read as follows (unchanged text
is omitted and is shown by "***"):
§6093 CANNABIS CULTIVATION PROHIBITED
A. Except as set forth in Sections 9174.4 and 9254 of this Code regarding commercial
cannabis cultivation outdoorOwt# lnsf cultivation of FnaFijaanacannabis, or indoor cultivation
in excess of six (6) mature plants:or twelve (12) immature plants per private residence, as
defined in Health and Safety Code section 11362.2(b)(5) or as may be amended, for
personal use, within the City limits of the City of Ukiah in violation of section 9254 of this
code is prohibited and constitutes a violation of this article.
* * *
[ §6094 SEIZURE AND DESTRUCTION OF CANNABIS
[ Except as otherwise expressly stated in this section, all mafijaaracannabis seized by the
city police in the enforcement of this article shall be seized, retained and destroyed in the
same manner and subject to the same procedures as are provided in California Health and
[ Safety Code sections 11472-11479, for maFq Jana cannabis possessed in violation of
division 10 of the Health and Safety Code. The requirements in subsection (b) of Health
and Safety Code section 11479, prescribing the conditions that must be satisfied before
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seized+AaFijWaRa cannabis may be destroyed without a court order, as applied by this
section, are revised as follows:
SECTION THREE.
Article 10 in Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as
follows (unchanged text is omitted and is shown by "***PT
§9125 COMBINING AGRICULTURAL OR -A DISTRICTS
A Combining Agricultural (-A) District may be combined with any district or portion of a district
defined in this Chapter. The regulations contained in this Article, and the regulations governing
any district which is combined with a Combining Agricultural (-A) District shall apply in all
combining Agricultural (-A) Districts.
§9126 USES ALLOWED
The following uses are allowed uses in Combining Agricultural (-A) Districts in addition to
the uses allowed or permitted in any district with which an (-A) District is combined and
providing the property is a minimum of five (5) acres in size:
liVB&I tiro Fa- iinq Hogs and to Fkays
A_ Animal Raising —Personal.
B. Forest Production and Processing — Limited.
C. Horticulture.
D. Packing and Processing — Limited.
B. Row and Field Crops.
C. Tree Crops.
D. Farm Stand.
§9127 USES PERMITTED
The following uses may be permitted in a Combining Agricultural (-A) District subject to first
securing a minor use permit, as provided in this chapter, in each case, in addition to the uses
allowed or permitted in any district with which a (-A) district is combined and provided the
property is a minimum of five (5) acres in size one-acre:
A. .Animal Raising--General Agriculture.
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B, -Animal Sales and Services - Kennels
C. Animal Sales and Services—Horse Stables. ,4abof
D. Animal Sales and Services-Veterinary (Large Animals).
E. Employee Housing.
F. Outdoor or Mixed-Licht Commercial Cannabis Cultivation of all license types set forth in
California Code of Regulations, title 4, section 16201 and section_ 16201.1, as may be
amended from time to time.
SECTION FOUR.
Article 13 in Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as
follows (unchanged text is omitted and is shown by "***FT
§9160 AGRICULTURAL EXCLUSIVE OR A-E DISTRICT
A. This district is intended to be an exclusive district for agriculture and those uses which are
necessary and an integral part of the agricultural operation. This district has been created to
protect and preserve the limited amount of agricultural soils from encroachments of nonrelated
agricultural uses which, by their nature, would be injurious to the physical and economical well-
being of the aAgricultural operationsQstfict.
B. The following specific regulations and general regulations set forth in Article 16 shall apply
in all A-E Districts: y
C. Uses Allowed:
1. ,
.Residential &Accessory Uses
Accessory dwelling units (ADU), as regulated by Chapter 2, Article 5.3 of this
Division.
Employee Housing.
Home occupations.
Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4
of this Division.
Single-family residential dwellings. including,manufactured/modular homes.
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Small and large family daycare homes.
A ricultural Uses.
Animal raising==general agriculture.
Animal raisin-g—personal.
Horticulture.
.
4-Dairies and the production of dairy products from milk produced on the
premises.
Packing and processing.-limited.
Packing and processing—winery.
5.-99a rdIn9 how0eas and e ther fa-rm an im v Is
I 6--Sale of kx r#K# rA6 pr9 o r.rawsic as
i
8.
HnW4g O nntanrOdUdYAg 1and fnr fi t ira an FiG i11ii a1 iisa mniniennnnn of laod'44
fof_{aCx=Mkinn nr 4Faa r•ra�4irtn of
aczes buildingis, and farm. FsiiAinrac of all kind
ini34664 { *amps l 4ep lnrated iinran farms and GGGiinend rar i sed by the nwgeF fnrrn
-- Horne ,
and nnrripw on by the inhabitants tharanf, whiGh i w it n ea4 � inside nta nod serondaFy
1� LIJ�II}n the �ire of the W �nW;i e_fo,r dwe�4ing pug) pas and w hlAyh iicta ran notrhlanlge the
Ghafaetem fe4#.
44- Production of fish life or fish products for commercial purposes(hatcheries, ponds,
etc.)
Row and Field Crops.
Tree Crops.
3. Civic Uses
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Day care facilities/small schools.
Safety Services.
Utility Service Minor.
4. Commercial Uses
Farm Stands.
D. Uses Requiring Minor Use Permits: The following compatible uses and those which, in the
opinion of the Planning Gemmi66ienCommunitv Development Director, may be substantially
similar in nature thereto shall be permitted, but only upon the securing of a use permit pursuant
to this Chapter:
1. Y�44CI �r k7F 47RCL�fR �r V;�TT4T1#klu ifs �1�rrAiri Yu+ri and quar6e uti+Ea n—Gessan,
Residential Uses
Dwelling Group.
Supportive housing, subiect to the .same density limitation and to the same
regulations applicable to other residential dwelling of the same type.
Transitional_housingLsubiect to the same density limitation and to the same
regulations..applicablelo other residential dwelling of the same type.
L. -pa6"";Ji. 'F`p4+g^_9 4'llicia of a@4Gii Wf:al pmdiir#r
YT Agricultural Uses
Forest production and processing—limited.
Paciitin_Qand processing general_
g, The Yri+sul}+sir]infi. bmedinn and raising of stoukFy and Wast er.k of nll kiRds. inGWinn
,
Commercial Uses
Agricultural sales and services.
Animal sales and services—auctioning.
Animal sales and services—horse stables.;
Animal sales and services—kennels.
Page 5 of 30
Animal sales and services—stockyards,
Animal sales and services—veterinary Varga animals).
Outdoor or Mixed-Light Commercial Cannabis Cultivation of all license types set
forth in California Code of Regulations, title 4 section 16201 and section 16201.1
as may be amended from time to time.
4— Sale of food products produced off the premises, provided that the sale of such
products is incidental and secondary to the sale of agricultural products produced
upon the premises.
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�. � --r.-rT
I�,�,,� {�fa} 0 P 9 Pat 19 A, urllan nit Met O than #an n�rna ni e� b {{the a
iand^is-use an�rm-1-heFe on�� than three (4 nnrY.r.n m�aaw� 14an the r wp -sra
GTCFfI�'HHf�'r �mrr��'r�rc
emra era in sur h ar+fivri+i ' a R afe- nt
i iririn of agf:i i uf:a! ma Ghina Py, implement and
equ ipm-ef4i
of alb kinds; the maRufar 6f,-- sterage or- &" of {+srm ail
t
r OMf&
,-suYtiri�e oY equip of tegathw wit fha rr5n inter T!'Tf`Yl efYaY�raa
f'e"�nLf rervic4+, 4 t4e RaGes am tri &k anr1 eq iipment-t4er
Recreational use, meaning the use of land by the public, with or without charge,
for any of the following recreational uses: walking, hiking, picnicking, camping,
swimming,boating,fishing, hinting or other outdoor games for which no structures
or buildings not permitted by the use permit are provided.
T Gepgrn&rGj l Fad me to le i ian nr e-r wisO w artfAnrsac and franrrr 4tRrr
finea,6Gnal -U ;
and-p llir r r�v sifi4GWP� es.
6&e od b iilrlipg
+ty insta iar+s
�Doal 7TIR 6. ltlnre and- fr4ncmiIWeP
Ones:
E. Uses Requiring Major Use Permits. The following compatible uses and those which, in
the opinion of the Planning Commission, may be substantially similar in nature thereto shall be
permitted, but only upon the securing of a major.use permit pursuant to this Chapter:
1. Agricultural Uses
Animal waste processing.
Page 6 of 30
Forest production and processing—commercial woodlots.
Forest production and processing—portable sawmills.
2. Commercial Uses
Transient habitation—campground.
Transient habitation—lodging (limited).
Transient habitation—resort and recreational facilities.
3. Civic Uses
Educational Facilities.
Major impact facilities.
Major impact services and utilities_
€F. Minimum lot area. Forty(40) acres.
G. Minimum front y6rd. Twe-R #•1ve Fifty feet(2.5501.
H. Minimum side yard. T yeMy five Fifty feet ( 50').
f. Minimum near yard. Tw Fifty feet(2-650').
J. Any no_ngonforming Oarcel which is less than five twenty_�520) acres shall observe a
minimum front, side.and rear yard of five twenty fivtwenty five_(525 feet
-- - 4n(j-.
K. Maximum building height. ZAM-A @^d- ^^8-L,alf(2 1 2) stwies bu ^^ Not to exceed thirty-five
feet (35') for residential buildings, all other buildings fifty feet(50').
L. Maximum Dwelling Density. One (1) single-family dwelling per legally created parcel except
as separately provided for below. Construction of more than one single-family dwelling may be
permissible as a Dwelling Group and shall be consistent with the followinq density standard: One
(1) unit per forty (40) acres.
SECTION FIVE.
Article 15.7 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by
Page 7 of 30
§9174 PURPOSE
f Seot+on 9174.2-in-tThis article provides site planning, development, and/or operational
standards for certain land uses that are allowed in certain zoning districts and are subject to
discretionary review through the use permit process but that may have unique adverse
impacts. The standards for each use are intended to mitigate any potentially adverse
impacts associated with the specific use.
§9174.1 APPLICABILITY
The land uses and activities included in this article shall comply with the provisions of the
section applicable to the specific land use, in addition to all other applicable provisions of
this article and the Ukiah City Code.
A. Where Allowed: The uses that are subject to the standards in sections 9174.2 through
9174.9 of this code shall only be located in the zoning districts indicted in Chapter 2,
Articles 3 through 15, or as otherwise indicated in this chapter.
B. Development Standards: The standards for specific land uses included in this article
are required and supplement those included in the Ukiah City Code. In the event of any
conflict between the requirements of this article and those included elsewhere in the City
code, the requirements of this article shall control.
§9174.2 CANNABIS-RELATED BUSINESSES
A. Cannabis-Related Business Use Permit Application Requirements:
1. Submission: A complete use permit application submittal packet shall be
submitted in accordance with section 926 of this code, including a detailed written
statement as to how the proposed cannabis-related business complies with this
section, and any other information or submissions required by this code. All
applications for use permits for cannabis-related businesses shall be filed with the
Plaaaing Community Development Department, using forms provided by the City,
and accompanied by the applicable filing fee and any other applicable fees or
charges. It is the responsibility of the applicant to provide information required for
approval of the permit. The application shall be made under penalty of perjury.
2. Effect Of Other Permits Or Licenses: The fact that an applicant possesses other
types of State or City permits or licenses does not exempt the applicant from the
requirement of obtaining a use permit.
3. Submittal Requirements: Any application for a use permit for a cannabis-related
business shall include the following information. unless the information is
inapplicable fora licant's business t e:
a. Applicant(s) Name: The full name (including any current or prior aliases, or
other legal names the applicant is or has been known by, including maiden
names), present address, and telephone number of the applicant;
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b. Applicant(s) Mailing Address: The address to which notice of action on the
application is to be mailed;
c. Verification Of Age: Written proof that the applicant is at least twenty-one
(21) years of age;
d. Physical Description: Applicant's height, weight, color of eyes and hair;
e. Photographs: Passport quality photographs for identification purposes;
f. Tax History: The cannabis-related business tax history of the applicant,
including whether such person, in previously operating in this or another city,
county or state under license, has had a business license revoked or
suspended, the reason therefor, and the business or activity or occupation in
which the applicant engaged subsequent to such action of suspension or
revocation;
g. Management Information: The name or n6hies and addresses of the
person or persons having the management or supervision of applicant's
business;
h. Criminal Background: A completed background investigation verifying
whether the
sPew applicant or any owner, as defined in Business and.Professions
Code section 26001(ap), as may be amended from time to time, of applicant's
business have been convicted of a crime(s), the nature of such offense(s),
and the sentence(s) received therefor;
L Employee Information: Number of employees, volunteers, and other
persons who will work at the cannabis-related business;
j. 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;
k. Written Response To Cannabis-Related Business Standards: The applicant
shall provide a comprehensive written response identifying how the cannabis-
related business plan complies with each of the standards for review in this
chapter, specifically the limitation on location and operating requirements in
this article;
I. Security Plan: A detailed security plan and diagram outlining the proposed
security arrangements for ensuring the safety of persons and to protect the
premises from theft. The plan shall include installation of security cameras, a
Page 9 of 30
premises and panic alarm system monitored by a licensed operator, and a
security assessment of the site conducted by a qualified professional;
m. 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");
n. 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");
o. Accessibility Evaluation: A written evaluation of accessibility to and within
the building, and identification of any planned accessibility improvements;
p. 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;
q. Lighting Plan: A lighting plan showing existing and proposed exterior
premises and interior lighting levels that would be the minimum necessary to
provide adequate security lighting for the use and comply with all City
standards regarding lighting design and installation. All lighting shall be fully
hooded and downcast, and shall not shine towards the night sky, adjacent
property or any street;
r. City Authorization: Written authorization for the City, its agents and
employees to seek verification of the information contained within the
application;
s. Statement of Owner's Consent: A statement in writing by the owner that he
or she certifies under penalty of perjury that the applicant has the consent of
the owner and landlord to operate a cannabis-related business at the location;
t. Applicant's Certification: A statement in writing by the applicant that he or
she certifies under penalty of perjury that all the information contained in the
application is true and correct;
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u. Other Information: Such other information as deemed necessary by the
R ing Community Development Department to demonstrate compliance with
this section including all City and State codes, including operating
requirements established in this section.
4. Effect Of Incomplete Filing: Upon notification that an application submittal is
incomplete, the applicant shall submit any additional documents or information
required to complete the application within thirty (30) days of the date the applicant
is notified in writing by the PWRRieg Community Development Department that the
application is incomplete. If the applicant fails to complete the application within said
thirty (30) days, the application shall be deemed withdrawn and a new application
submittal that complies with this section shall bexrequired in order to proceed with
the application. �^
B. Operating Requirements For Cannabis-Related Businesses: Cannabis-related
.--
business operations shall be established and4hanaged only in compliance with the
following standards:
1. Criminal History: Any applicant, Air, of: heF ageRt 9F apRployass, volunteer wGFkaFG.
On.
and any additional owner of the business, as defined in
Business and Professions Code section 26001(ap) and as may be amended, shall
not have been convicted of any of the felony offenses enumerated in Business and
Professions Code section 26057(b)(4), or of a felony or misdemeanor involving
moral turpitude, or on probation for a drug offense, or engaged in misconduct related
to the qualifications, functions or duties of a permittee. Notwithstanding the above,
an application shall not be denied solely on the basis that the applicant or any
mw*p om ner has been convicted of a4elony, if the person convicted has obtained
a o6dificate, of rehabilitation (expungement,df felony record) under California law or
Under a similar Federal statute or State law where the expungement was granted. In
addition, notwithstanding the above, a prior conviction, where the sentence,
including any term of probation, incarceration, or supervised release, is completed,
for possession of, possession for sale, sale, manufacture, transportation, or
cultivation of cannabis or cannabinoid preparations, is not considered related to the
qualifications, functions, or duties of a permittee, and shall not be the sole ground for
denial of an application.
2. Minors:
a. It is unlawful for any permittee, operator, or other person in charge of any
cannabis-related business to employ any person who is not at least twenty-
one (21) years of age.
b. The burden of proof is on the cannabis-related business personnel to
establish compliance with this subsection B2 of this section by clear and
convincing evidence.
Page I I of 30
3. Inventory And Tracking: Cannabis-related businesses shall at all times operate in
a manner to prevent diversion of cannabis and shall promptly comply with any track
and trace program established by the State.
4. Multiple Permits Per Site: Multiple cannabis-related businesses proposed on any
one site or parcel shall be granted permit approval only if all of the proposed
cannabis businesses and their co-location are authorized by both City and State law.
Operators of cannabis-related businesses issued use permits for multiple business
types or State license types at the same physical address shall maintain clear
separation between license types unless otherwise authorized by this code and
State law.
5. Operating Plans: An operating plan for a cannabis-related business must contain
the following unless not applicable due to the location or nature of the business:
a. Storage: A cannabis-related business shall have suitable locked storage on
premises, identified and approved as a part of the security plan, for after-
hours storage of cannabis and cannabis products.
b. Odors Control: The cannabis-related business shall have an air treatment
system that prevents odors generated from any storage and cultivation of
cannabis on the business property from being detected by any reasonable
person of normal sensitivity outside the cannabis-related business premises.
To achieve this, both the storage and cultivation areas shall be, at minimum,
mechanically ventilated with a carbon .filter or superior method. This
requirement shall not apply to Outdoor Commercial Cultivation of Cannabis,,
as odor control will be achieved through location restrictions.
c. Security Plans: A cannabis-related business shall provide adequate
security on the premises, as approved by the Chief of Police, including
lighting and a premises and panic alarm system monitored by a licensed
operator, to ensure the safety of persons and to protect the premises from
theft.
d. Security Cameras: Security surveillance cameras shall be installed to
monitor the main entrance and exterior of the premises to discourage
loitering, crime, illegal or nuisance activities. The security surveillance system
shall comply with current State standards for digital video surveillance
systems to be installed on the premises of licensed cannabis businesses,
currently codified in the California Code of Regulations, Title 16, Section
5044, and as may be amended.
e. Security Video Retention: Security video shall be maintained for ninety (90)
days. In the event of a crime on site or anywhere within range of the
cannabis-related business's security cameras, the cannabis-related business
shall provide the Chief of Police or his or her designee with a useable digital
copy of the security video upon request or at the earliest convenience.
Page 12 of 30
f. Alarm System: Professionally monitored premises and panic alarm system
shall be installed and maintained in good working condition.
g. Emergency Access: Security measures shall be designed to ensure
emergency access in compliance the California Fire Code and Ukiah Valley
Fire Authority standards.
h. Emergency Contact: A cannabis-related business shall provide the Chief of
Police with the name, email address, phone number and facsimile number of
an on-site community relations staff person to whom one can provide notice if
there are operating problems associated with the business. The business
shall make every good faith effort to encourage neighborhood residents to call
this person to try to solve operating problems, if any, before any calls or
complaints are made to the City.
6. Employee Records: Each owner or operator of a cannabis-related business shall
maintain a current register of the names of all volunteers and employees currently
working at or employed by the cannabis related business, and shall disclose such
registration for inspection by any City officer or official for purposes of determining
compliance with the requirements of this article.
7. Compliance With Other Requirements: The operator shall comply with all
applicable provisions of local, State or Federal laws, regulations or orders, as well as
any condition imposed on any permits issued pursuant to applicable laws,
regulations or orders.
R 8. Confidentiality: The information provided for purposes of this section regarding the
cannabis business security plans, securit� site plan, and employee background
checks shall be maintained by the City as confidential information, and shall not be
disclosed as-public records unless pursuant to subpoena issued by a court of
competent jurisdiction or otherwise compelled by court order or the California Public
Records Act,
9. Display Of Permit: every cannabis-related business shall display at all times
during business hours the use permit issued pursuant to the provisions of this
chapter for such business in a conspicuous place so that the same may be readily
seen by all persons entering the business.
10. Inspections: During normal business hours, cannabis-related businesses
permitted under this chapter shall provide access for administrative inspections by
City officials or officers or consultants hired by the City to verify compliance with this
article. Any cannabis-related business's refusal to comply with this section shall be
deemed a violation of this article.
11. Notification Of Theft, Loss, And Criminal Activity: Cannabis-related businesses
shall comply with the California Code of Regulations, Title 16, Section 5036, or as
may be amended, by notifying the applicable State authorities and the Ukiah Police
Department within twenty-four (24) hours of discovery of any of the following
Page 13 of 30
situations:
a. A significant discrepancy in the business's inventory.
b. The operator becomes aware of or has reason to suspect diversion, theft,
loss, or any other criminal activity pertaining to the operations of the business.
c. The operator becomes aware of or has reason to suspect diversion, theft,
loss, or any other criminal activity by an agent or employee of the business
pertaining to the operations of the business.
d. The operator becomes aware of or has reason to suspect the loss or
unauthorized alteration of records related to cannabis goods, customers or
clients, or the business's employees or agents.
e. The operator becomes aware of or has reason to suspect any other breach
of security.
The notification shall be in writing and include the date and time of occurrence
of the theft, loss, or criminal activity and a description of the incident including,
where applicable, the item(s) that were taken or lost.
C. Review And Revocation: Use permits issued for cannabis-related businesses shall be
subject to review after the first year of operation according to the procedures set forth in
subsection D of this section, and shall be subject to revocation according to the procedures
set forth in subsection E of this section.
D. Review Of Use Permits For Cannabis-Related Businesses:
1. Use permits for cannabis-related business will be subject to review after the first
year of operation by the Zoning Administrator, including inspection of the business
by the Zoning Administrator or his designee, to determine whether the business is
being operated in accordance with any conditions of approval imposed on the use
permit as issued by the Planning Commission or Zoning Administrator. The City
Council may, from time to time by resolution in accordance with the procedures
required by law, establish fees to be charged and collected for annual review
pursuant to this subsection.
2. In the course of review and after inspection, the Zoning Administrator shall make
findings of fact regarding the cannabis-related business operator's adherence to the
conditions of approval for the use permit. In addition, the Zoning Administrator will
consider the following nonexclusive criteria in making findings of fact which may be
grounds for revocation of a use permit for a cannabis-related business:
a. Whether the cannabis-related business operated pursuant to the use
permit has generated an excessive number of calls for police service
compared to similarly situated businesses of the same size as the cannabis-
related business.
Page 14 of 30
b. Whether there have been excessive secondary criminal or public nuisance
impacts in the surrounding area or neighborhood, including, but not limited to,
disturbances of the peace, illegal drug activity, cannabis use in public,
harassment of passersby, littering, loitering, illegal parking, loud noises,
odors, or lewd conduct.
c. Whether the cannabis-related business operating pursuant to a use permit
has a history of inadequate safeguards or procedures that show it is likely that
it will not comply with any operating requirements and standards required in
the conditions of approval.
d. Whether the cannabis-related business has failed to pay fees, penalties, or
taxes required by the conditions of approval of the use permit or by this code
or State law, or has failed to comply with any requirements for the production
of records or other reporting requirements of this code.
e. Whether the applicant or any elserateFowner of the cannabis-related
business aF aRe of me•� e-f Ifr ners efA P!eye e paF nsfs_ naAa geF of
+gags"} as defined in
Business and Professions Code section-26001(ap), as may be amended from
time to time, has been convicted of a felony, or has engaged in misconduct
that is substantially related to the qualifications, functions or duties of an
operator of a cannabis-related businesses. A"conviction" within the meaning
of this chapter means a plea or verdict of guilty, or a conviction following a
plea of nolo contendere. Notwithstanding the above, an application shall not
be denied solely on tAe basis that the applicant or any o caner has
been convicted of a felony, if the person convicted has obtained a certificate
of rehabilitation (expungement of felony record) under California law or under
a similar Federal statute ortate law-where the expungement was granted.
f. Whether the operator or managers of the cannabis-related business have
previously or are currently engaged in unlawful, fraudulent, unfair, or
deceptive busines8 acts or practices.
g. Whether the cannabis-related business has been operated in compliance
with applicable State law and provisions of this code generally.
3. If the Zoning Administrator determines that the cannabis-related business is being
operated in violation of any conditions of approval imposed on the use permit as
issued by the Planning Commission or the Zoning Administrator, the use permit may
be subject to revocation.
E. Revocation Of Use Permits For Cannabis-Related Businesses:
1. In addition to the reasons for revocation of an approved use permit set forth in
subsection 9262H2 of this code and subsection D2 of this section, an approved use
permit for a cannabis-related business may be revoked through the City's revocation
Page 15 of 30
process, as set forth in subsection 9262H2 of this code, except that all references
therein to the Planning Commission shall be deemed to refer to the Zoning
Administrator, if the cannabis-related business is operated in a manner that violates
the conditions of approval imposed by the use permit or the provisions of this code,
or conflicts with State law. At the public hearing to be conducted by the Zoning
Administrator as set forth in subsection 9262H2 of this code, the Zoning
Administrator shall make findings regarding the alleged specific violations of this
code or State law.
2. An appeal of the Zoning Administrator's decision on revocation of a use permit for
a cannabis-related business may be made to the Planning Commission for a final
decision. Any such appeal must comply with the requirements of section 9266 of this
code, except that all references therein to the City Council shall be deemed to refer
to the Planning Commission.
3. When a final decision revoking a use permit for a cannabis-related business is
made as provided in this section, the permittee shall become ineligible for a period of
three (3) years thereafter to apply for a use permit for a cannabis-related business.
The ineligibility shall include any corporation or other business entity, including, but
not limited to, a partnership or limited liability company, in which the permittee has
any direct or indirect beneficial, financial or ownership interest.
F. Limitations on Locations of Cannabis-Related Businesses:
1. All cannabis-related businesses, as defined in section.9278 of this code, operating
subject to use permits under this chapter will operate indoors in a fully enclosed
secure structure, as defined in section 9254 of this code, except as set forth in
subsection 9174.3(c)(5) of this code regulating cannabis consumption areas, and in
Section 9174.4 of this Code regulating outdoor commercial cannabis cultivation in
the A-E district and districts with -A overlay, and shall not be allowed in the following
areas, except as otherwise set forth in this Code:
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 cannabis-related business is to be
located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the cannabis-related
business is located, a parcel occupied by a youth-oriented facility or a school;
or
Page 16 of 30
d. Within any residential zoned parcel or primary land use, or any property
I with an underlying residential or mobile homes general plan land use
designation; or
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.
2. A cannabis retailer, as defined in section 9278 of this code, shall not be allowed
within two hundred fifty feet (250') of another cannabis retailer, with that distance
measured by street frontage from the property line of the other cannabis retailer to
the closest property line of the lot on which the cannabis retailer is to be located, and
not radial distance.
3. A waiver of the provisions in subsections Fla through a and F2 of this section
may be granted if the applicant demonstrates on plans and materials presented for
review and the Planning Commission determines that a physical barrier or other
condition exists which achieves the same purpose and intent as the distance
separation requirements established herein, and that, as a result, the Zoning
Administrator or the Planning Commission makes a finding of no adverse impact
resulting from the proposed location of the cannabis-related business.
h
4. A Cannabis Cultivation iusiness located in the A-E district and in the P-F District
with A- overlay will not be subject to the location limitations set forth in Subsections
F.1.a.through F.1.e of this Section. -
§9174.3 CANNABIS RETAILERS
A. Applicability: The standards,and requirements in this section apply specifically to
cannabis retailers, as defined in Section 9278 of this code, and other cannabis businesses
with a retail component; and shall) apply in addition to the requirements and standards for
all cannabis businesses set forth in section 9174.2 of this code and elsewhere in this code.
In the event of any conflibt between the requirements of this section and those included
elsewhere in the City Code, the requirements of this section shall control.
C. Operating Requirements:
5. Consumption Restrictions:
a. Except as set forth in subsections C5b and c of this section, cannabis shall not be
consumed on the premises of the cannabis retailer-; "Premises" des
Page 17 of 30
taclbW&n , ashh , nor within any accessory structures, parking areas,
or other surroundings within two hundred feet (200') of the cannabis retailer's
entrance.
b. Cannabis may be consumed in a designated cannabis consumption area on the
premises of a cannabis retailer upon approval of a use permit or modification of an
existing use permit. The smoking of cannabis may be permitted in a designated
cannabis consumption area as may be allowable under state law and subject to the
terms of the use permit. A cannabis retailer's operation and use of a cannabis
consumption area shall otherwise-comply with the provisions of Division 5, Chapter 7
of this code, entitled "No Smoking." Cannabis consumption areas shall be secured
and designed to prevent access by individuals who are not eligible adult use
patrons. If an existing use permit is modified to reflect the creation of a cannabis
consumption area, that use permit shall be rpubjedt to renewal one year after the
cannabis consumption area has become operational.
c. A retailer with a cannabis consumption area that is not enclosed, such as on a
patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to
all local and State laws. A raia4ee w4h -a cannab it Gee i irnp ian -area that lissiAdAGars
wing- su p on-ef-edib�e
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§9174.4 RESERVED COMMERCIAL CANNABIS CULTIVATION
A. Applicability: The standards and requirements in this section apply specifically to
commercial Cultivation of Cannabis as defined`in section 9278 of this Code, and shall apply
in addition to the applicable requirements and standards for all cannabis businesses set
forth in section 9174.2 of this Code and elsewhere in this Code. In the event of any conflict
between the requirements of this section and those included elsewhere in the City Code,
the requirements of this section shall control-
B. Development Criteria:
1. Location of Commercial Cannabis Cultivation- All Commercial Cannabis
Cultivation businesses shall comply with the limitations on location for Cannabis Related
Businesses set forth in Subsection 9174.2.F of this Code, except that businesses located in
the A-E district and in a district combined with A- Overlay shall be exempted from these
location limitations.
2_ Setbacks, Commercial Cannabis Cultivation areas shall be setback a minimum of
50-feet from all lot lines and shall comply with the setback requirements set forth the State
Water Resources Control Board's comprehensive Cannabis Cultivation General Order.
C. Operating Requirements:
Page 18 of 30
1. Cannabis Waste Discharge Reguirements General Order. A Commercial
Cannabis Cultivation business shall demonstrate compliance with the State Water
Resources Control Board's comprehensive Cannabis Cultivation Policy which includes
principles and guidelines for cannabis cultivation, including regulations„on the use of
pesticides, rodenticides, herbicides, insecticides, fungicides, disinfectants, and fertilizers,
within the State.
2. Odor control. A structure for Indoor or Mixed-Light Cultivation must be equipped
with a filtration and ventilation system to control odors, humidity, and mold, provided that
structures containing only packaged cannabis_products„may be excluded from this
requirement.
3. Lighting. All lighting is to be fully shielded and downward casting so that it does
not spill over onto neighboring properties. For operations cultivating within structures, all
light is to be fully contained to minimize light trespass that is visible from neighboring
parcels. A photometric and supplemental lighting plan shall be provided as a component of
the application.
4. Accessory uses. Cannabis Cultivation may include,accessory uses on the same
parcel that directly support the onsite,Cannabis Cultivation, such as: propagation, research
and development, processing, dryfn , packaging and labeling, distribution, other similar
support uses as determined by the Zoning Administrator.
5. Limitations on Cannabis harvesting activities In order to minimize cannabis odors,
the drying, curing, and/or trimming of harvested cannabis shalleither (1) be located within
an enclosed structure which. utilizes best available control technology. or (2) include
techniques and/or egi,ipment (e.g., the use of freeze drying techniques/equipment and
immediate packaging of harvested cannabis in the field) that shall achieve an equivalent or
greater level of odor control as could be achieved using an enclosed structure which
utilizes best available control tqc4noloy, or_131 be located at a sufficient distance from
neighboring residential structures so as to avoid odor intrusion as a public nuisance as
described in Subsection 9254.13.4 of this Code.
6. Generators. Generator-use for Cannabis Cultivation must comply with the
requirements set fob in California Code of Regulations, title 4. section 16306, as may be
amended from time to tiMe.
SECTION SIX.
Section 9254 in Article 19, Chapter 2, Division 9 of the Ukiah City Code is hereby
amended to read as follows (unchanged text is omitted and is shown by "* * *"):
§9254 CANNABIS CULTIVATION
A. Definitions: As used herein the following definitions shall apply:
CULTIVATION: The planting, growing, harvesting, drying, or processing of
Page 19 of 30
cannabis plants or any part thereof.
FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building that
complies with the California Building Code, as adopted in the City of Ukiah ("CBC"), or, if
exempt from the permit requirements of the CBC, that has a complete roof enclosure
supported by connecting walls extending from the ground to the roof, a foundation, slab
or equivalent base to which the floor is secured by bolts or similar attachments, is secure
against unauthorized entry, and is accessible only through one or more lockable doors.
Walls and roofs must be constructed of solid materials that cannot be easily broken
through, such as two-inch (2") by four-inch (4") or thicker studs overlaid with three-
eighth-inch (3/8") or thicker plywood or the equivalent. Plastic sheeting, regardless of
gauge, or similar products do not satisfy this requirement. If indoor grow lights or air
filtration systems are used, they must comply with the California Building, Electrical, and
Fire Codes as adopted in the City of Ukiah.
IMMATURE MARL ,U N CANNABIS PLANT: A manjuana cannabis plant, whether
male or female, that has not yet flowered and which does not yet have buds that are
readily observed by unaided visual examination, and which is less than twelve inches
(12") in height and less than twelve inches (1.2") in width.
INDOORS: Within a fully enclosed and secure structure.
MATURE MA iJU -CANNABIS PLANT: A FnaFquana cannabis plant, whether male
or female, that has flowered and which has buds that are readily observed by unaided
visual examination.
MIXED-LIGHT: Within a greenhouse, hoop-house, glasshouse, conservatory, hothouse
or other similar structure.using a combination of natural and artificial light and meeting,
the defnition:of"mixed Anfit" set forth in California Code of Regulations, title 4, section
16201, as may be amended from time to time-
OUTDOOR: Any location within the City of Ukiah that is not within a fully enclosed and
secure structure.
PARCEL: Property assigned a separate parcel number by the Mendocino County
Assessor.
B. Cultivation Of Cannabis:
1. Outdoor Cultivation: Except as set forth in Subsection BA of this Section and in
Section 9174.4 of this Code, ift is hereby declared to be unlawful and a public nuisance for
any person owning, leasing, occupying, or having charge or possession of any parcel within
any zoning district in the City of Ukiah to cause or allow such premises to be used for the
outdoor cultivation of marijuana plants.
4- Outdoor Commercial Cultivation Of Cannabis: A person owning, leasing, occupying,
Page 20 of 30
or having charge or possession of any parcel within the City of Ukiah may cause or allow
such parcel to be used for the outdoor commercial cultivation of cannabis if the person is
operating that commercial cannabis cultivation business pursuant to a valid use permit
within the A-E district or a district combined with -A overlay and in compliance with all
requirements set forth in sections 9174.2, 9174.4, 9261, and 9262 of this Code and with
all applicable State laws and regulations including licensing requirements_
54. Public Nuisance Prohibited: It is hereby declared to be unlawful and a public
nuisance for any person owning, leasing, occupying, or having charge or possession of
any parcel within the City of Ukiah to create a public nuisance in the course of cultivating
ma�+jeafla cannabis plants or any part thereof in any location, indoor or outdoor. A public
nuisance may be deemed to exist, if such activity produces: (a) odors which are
disturbing to people of normal sensitivity residing or present on adjacent or nearby
property or areas open to the public, (b) repeated responses to the parcel from law
enforcement officers, (c) a repeated disruption to the free passage of persons or vehicles
in the neighborhood, (d) excessive noise which is disturbing to people of normal
sensitivity on adjacent or nearby property or areas open to the public, or (e) any other
impacts on the neighborhood which are disruptive of normal activity in the area.
C. Enforcement:
3. Summary Abatement Procedure:
d. A final order to.abate the nuisance will subject the property owner or owners and
any occupant or Occupants of the property who are cultivating eaafij laRa cannabis in
violation of this section to a civil penalty of five hundred dollars ($500.00) for each
day that the violation continues after the date specified in the notice under
subsection C3a(3) of this section, when the violation must be abated. * * *
4. Violation: Cultivation of+;;a;Nvwgpnnabis on parcels within the City that does not
comply with this section constitutes a violation of the zoning ordinance and is subject to
the penalties and enforcement as provided in Chapter 2, Article 22 of this Division.
F
SECTION SEVEN.
Section 9261 of Article 20, Chapter 2, Division 9 of the Ukiah City Code is hereby
amended to read as follows (unchanged text is omitted and is shown by "* * *"):
§9261 DISCRETIONARY PLANNING PERMITS
The City's discretionary planning permits include use permits, site development permits,
and variances.
Page 21 of 30
D. Major And Minor Use Permits, Site Development Permits, And Variances: At the time
of application submittal, the PlaRRORg Community Development Director or assigned
designee shall determine if the proposed project constitutes a major or minor use permit,
site development permit, or variance. The Planning Community Development Director or
assigned designee shall be guided by the following criteria when determining whether a
discretionary planning permit is major or minor:
5. a. In all zoning districts in which they are a permitted use, the following cannabis-related
businesses shall be considered major uses:
�`•1rii#R�1i� {+xi�lkr•S 1FYflri .— �rnrarcnr
r-vaco�r.
c'?nnabi&fi.4#4+yx'3 4on — SQec4a ty '
G R_n n nb it ri11tisOR1 GR — S PLAGja PRiarG lin}1
Cannabis microbusiness.
Cannabis nursery.
Cannabis retailer.
Major use permits issued for cannabis-related businesses shall be subject to review after
the first year of operation, and shall be subject to review and revocation procedures set
forth in subsections 9174.2D and E of this code.
b. In all zoning districts in which they are a permitted use, the following cannabis-related
businesses shall be considered minor uses:
Cannabis Cultivation —All Types-
Cannabis distribution.
Cannabis manufacturer— Level 1.
Cannabis manufacturer— Packaging.
Cannabis Manufacturer— Shared use.
Minor use permits issued for cannabis-related businesses shall be subject to review after
the first year of operation, and shall be subject to review and revocation procedures set
forth in subsections 9174.2D and E of this code.
Page 22 of 30
SECTION EIGHT.
Article 21 in Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as
follows (unchanged text is omitted and is shown by "***"):
§ 9278 DEFINITIONS
A. Any words or phrases not defined within this article shall be defined as set forth in current
dictionaries. If no dictionary defines a particular term,the City PlaR4�igg Community Development
Director shall have the authority to define the term or equate it to a defined term that is similar in
nature.
B. For purposes of this article, the words and phrases set out herein shall have the following
meanings:
***
AGRICULTURAL
^T ')'rva��a'-'n J . . fu m Ueate.pl_nr remaf4u r of agkn ills p4atnt&
M paRA4% and Gann
AN 4At<i-ROWCTT .atriAq-q! anmals-e#: pf:G liif;WA of animal rsec4-r ,r, rmwh a m�
egge 0 dour pf: dU4r;t . T-ypir;Y Q inriu e rre GWR dairy f ;-minr and-q<wkry
fRFMOR9
ANIMAL RAISING---GENERAL AGRICULTURE_means the raising of crops or livestock on
parcels greater than forty thousand(40.000). square feet or zoned A-E and shall include:
1. Grazing of livestock and feeding and caring incidental thereof,
2. Animal husbandry includingi without limitation, the breeding and raising of cattle,
sheep,.horses, goats, Figs, rabbits, and poultry, including egg production,
3. Sale ofagricultural^products grown, raised, or produced on the premises:
4. 4-H. FFA or,similar pro1ects shall be permitted in all zoning districts.
ANIMAL RAISING--PERSONAL means the ralsinq of hen chickens or rabbits for personal use
on parcels forty thousand (40,000) sguare feet or less in size in accordance with the following
criteria: -
1. No more than six (6) of any one (1) or combination of such animals on the lot
2. Maintained in coops or pens located at a distance of fifty (50) feet or more from
buildings used for human habitation:
3. Coops or pens shall be located only on the rear one-third (1/3) of the lot:
4. Coops or pens shall be located no closer than five (5) feet from the side or rear property
line.
Page 23 of 30
ANIMAL SALES AND SERVICES: Establishments or places of business primarily engaoed in
animal related sales and services. The following are animal sales and services use types:
1. Animal Sales and Services—Auctioning-Auctioning of livestock on a wholesale or
retail basis with incidental storage of animals produced off property not exceeding
seventy-two (72) hour Periods.Typical uses include animal auctions or livestock
auction yards.
2. Animal Sales and Services—Household Pets. Retail sales and -grooming of dogs,
cats, birds, fish and similar small animals customarily used as household pets.
Typical uses include pet stores, dog bathing and clipping salons, or pet grooming
shops.
3. Animal Sales and Services—Horse Stables.,Boarding. breeding or raising of horses
not owned by the occupants of the Premises or ddiri-Q of horses by other than the
occupants of the premises or their non a rind—quests.—Typical uses include boarding
stables or public stables.
4. Animal Sales and Services—Kennels. Kennel services for dogs, cats and similar
small animals. Typical uses include boardino kennels, pet motels or dog training
centers.
5. Animal Sales and Services—Stockyards. Stockyard services involving the
temporary keeping of transient livestock for slautihter, market or shipping. Typical
uses include stockyards or animal sales yards_
6. Animal Sales and Services—Veterinary (Large Animals). Veterinary services for
large animals. Typical uses include animal hospitals{(arge animals) and veterinary
hospitals (large animals). Typical uses include clinics for the treatment of sheep
cattle, horses, goats and similar large animals.
ANIMAL WASTE PROCESSING:_Processing of-animal waste and byproducts,including but
not limited to animal manure animal beddinn was a and similar byproducts of an animal
raising agricultural operation, for use as a commercial fertilizer or soil amendment and
including composting operations.
CANNABIS CULTIVATION: Shall have the same definition as set forth for"cultivation" in
Business and Professions Code section 26001(k), as may be amended from time to time.
CANNABIS CULTIVATION — INDOOR: Shall have the same definition as set forth for
"indoor cultivation" in California Code of Regulations, title 4, section 15000(cc), as may be
amended from time to time. For purposes of this code, indoor cultivation involves cultivation
of cannabis within a fully enclosed secure structure, as defined in section 9254 of this code.
CANNABIS CULTIVATION — LARGE INDOOR: A cannabis-related business operating
under a State cultivator license, or a State cultivation license type subseauently
established, and meeting the definition of"large indoor" set forth in California Code of
Regulations, title 4 section 16201.1 as may be amended from time to timelmdoor
ir,u4ivatieA using exclu iye$y ftikia! r�hfiRg @Feater thaA tWentai_W00- thn-1 ic4Rd (22,090)
Page 24 of 30
i .
CANNABIS CULTIVATION — LARGE MIXED LIGHT: A cannabis-related business
operating under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"large mixed light" set forth in California Code of
Regulations, title 4, section 16201.1. as may be amended from time to time.Indew
n
-size-en one pF9
CANNABIS CULTIVATION—LARGE OUTDOOR:A cannabis-related business operating under
a State cultivator license, or a State cultivation license type subsequently established, and
meeting the definition of"largge outdoor'set forth in California Code of Regulations, title 4, section
16201.1, as may be amended from time to time_
CANNABIS CULTIVATION — MEDIUM INDOOR: A,cannabis-related business operating
under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"medium indoor' set forth in California Code of
Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION — MEDIUM MIXED LIGHT: A cannabis-related business
operating under a State cultivator license, or a State guitiVation license type subsequently
established, and meeting the definition of"medium mixed light tier 1 and 2" set forth in
California Code of Regulations, title 4, section 16201, as may be amended from time to
time.
CANNABIS CULTIVATION — MEDIUM OUTDOOR: A cannabis-related business operatina
under a State cultivator.license,or p_ tate culPvat�nn license type subsequently established, and
meeting the definition of "medium outdoor' set forth in California Code of Regulations, title 4,
section 162Q1.as may be amended from.time to time.
CANNABIS CULTIVATION -- OUTDOOR: Shall have the same definition as set forth for
"outdoor cultivation" in Cal' omia bod of Regulations, title 4 section 15000 xx as may be
amended fr_om_tiMe to time.. -or purp6Ms of this Code,.commercial outdoor cultivation involves
cultivation of cannabis that is not within a fully enclosed secure structure, as defined in section
9254 of this Code.
CANNABIS CULTIVATION — PROCESSOR: A cannabis-related business operating under
a State cultivator license, or a State cultivation license type subsequently established, and
meeting the definition of"processor" set forth in California Code of Regulations, title 4,
section 16201, as may be amended from time to time.
CANNABIS CULTIVATION — SMALL INDOOR: A cannabis-related business operating
under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"small indoor' set forth in California Code of
Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION — SMALL MIXED LIGHT: A cannabis-related business
operating under a State cultivator license, or a State cultivation license type subsequently
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established, and meeting the definition of"small mixed light tier 1 and 2" set forth in
California Code of Regulations, title 4, section 16201, as may be amended from time to
time.
CANNABIS CULTIVATION—SMALL OUTDOOR: A cannabis-related business operating under
a State cultivator license, or a State cultivation license tie subsequently established, and
meeting the definition of"small outdoor'set forth in California.Code of Regulations,title 4,section
16201, as may be amended from time to time.
CANNABIS CULTIVATION — SPECIALTY COTTAGE: A cannabis-related business
operating under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"specialty cottage" set forth in California Code of
Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION—SPECIALTY COTTAGE OUTDOOR:A cannabis-related business
o eratincj-.under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"specialty cottage outdoor'set forth in California Code
of Regulations, title 4 section 16201, as may be amended from time to tim .
CANNABIS CULTIVATION — SPECIALTY INDOOR: A cannabis-related business operating
under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"specialty indoor" set forth in California Code of
Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION —SPECIALTY MIXED LIGHT. A cannabis-related business
operating under a State cultivator license, or a State cultivation license type subsequently
established, and meeting the definition of"specialty mixed light tier 1 and 2" set forth in
California Code of Regulations, title 4, section 16201, as may be amended from time to
time.
CANNABIS CULTIVATION - SPECIALTY OUTDOOR: A cannabis-related business operating
under a State cultivator license,or a State cultivation license type subsequently established and
meetingthe he definition of"specialty outdoor" set forth in California Code of Regulations., title 4.
section 16201, as may be amend from time to time.
COMMERCIAL WOODLOTS: Open or closed storage of firewood for wholesale or retail sales,
regardless of where the firewood products are produced.
COMMUNITY RECREATION: Recreational, social or multipurpose uses owned or operated by
a public entity. Typical uses include public parks, sports facilities, senior citizen centers. nature
centers, teen centers, playhouses, auditoriums and recreational.centers.
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CROP D171_D Jf TIGN; GFOWiRg apd- Of#vLar rnial n*60-14- Gro p!S,1Sr.hQFtjGUItUFaj
DAY CARE FACILITY 1 SMALL SCHOOL: Care or education of seven (7) or more, but not to
exceed twenty-five (25) persons regardless of ape or handicap but excluding overnight care or
uses classified as group care or other facilities exempted by the California Health and Safety
Code, e.g. Day Care Homes -Small and Large, or major impact services and utilities. Typical
uses include day nurseries for children, child day care facilities, or day care for elderly, and small
schools.
EMPLOYEE HOUSING: Employee housing consistent with the Employee Housing Act as
specified in California Health and Safety Code§§ 17000 through 17062.5.
FARM STAND:A small-scale structure or area forth seasonal or year-round sale of agricultural
products grown or produced on the same premises or within the local area. The farm stand is
generally temporary or semi-permar erLtt in nature,does not exceed 200 square,feet and obtains
any needed building or encroachment permits, and may only sell agricultural goods or value-
added products directly produced from g n-site agricultural operations.
FOREST PRODUCTION_AND PROCESSING: Refers to,the_ growin_p, harvesting and production
of forest products and forest byproducts includinggrowinO, milling and sales of forest products.
The following are forest production and processing use types.-
1. Forest Production and Processing: Limited. The growing, harvesting air drying or kiln d!yin.
milling, packaging, acKn shi inq and s elfing of forest products, produced on the premises
or —experimental tree_ farms and tree nurseries.
2. Forest Production and -Processing: General. The .growing, harvesting, air drying or kiln
drying, milling`,�yackaging_padking,shaping and selling,of forest products regardless of where
they are ggWn�and, , also forestry related research laboratories.
3. Forest Production anal_ProcessinN, Commercial Woodlots. Open or closed storage of
firewood for wholesale or retail sales_regardless of where the firewood products are produced_
HORTICULTURE: Premises devoted to horticultural and floracultural specialties such as
flowers, shrubs, and trees intended for ornamental or landscaping purposes. Typical uses
include wholesale/retail nurseries limited to the sale of horticulture and horticulture specialties
grown on site and in green houses?' aFt or a6ence of pr9wiAg Aewem, shrub6 frig end
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'MAJOR IMPACT FACILITIES: Services or facilities which may have a substantial impact.
Typical uses include airports, hospitals groUg care for more than twenty.-five (25) persons,
detention and correction institutions, and corporation yards.
MAJOR IMPACT SERVICES AND UTILITIE. _Services or utilities which may have a
substantial impact. Such uses may be conditionally permitted when the p ublic interest
supersedes the usual.limitations placed on land use and transcends the.usual restraints of.
zoning for reasons of necessary location and community wide interest. Typical places or uses
are power generating facilities Battery Energy Storage Systems, sewage disposal facilities
septage disposal facilities and sites, sanitary landfills and water treatment plants, and radio.,
telephone and other commercial communication transmission towers and antennas.
PACKING AND PROCESSING: Packino or processing of a ricuftural crops, animals and their
byproducts which entails more than picking, cutting, sorting and boxing or crating, but does not
include rendering, tanning. or reduction of meat. The following are packing and processing use
es:
1. Packing and Processing—Limited_ Packing or processing of crops grown on the
premises:
2. Packing and Processing—Winery. Crushing of agra2es and fermentation, storacle,and
bottling of wine from -grapes -grown on or offthe_premises. Said use type also includes
tasting rooms in coniunction with a winery and breweries provided said tasting room
occupies less than twenty-five percent (25b/o)of the floor space of the winery
3. Packing and Processing—General. Packing or processing of crops, mineral water,
animals or their byproducts regardless of where they were grown or found. Includes
mineral water bottling plants',
ROW AND FIELD CROPS: Premises devoted to the cultivation for sale of agricultural products
grown in regular or scattered Otterns such as vines field forage and other plant crops intended
to provide food or fibers.
* } K
TRANSIENT HABITATION: Establishments primarily engaged in the provision of lodging
services on a less than monthly basis with incidental food, drink and other sales and services
intended for,the convenience of guests_ The following are transient habitation use types:
1. Transient Habitation—Campground. Campground services involving transient
habitation areas for travelers in recreational vehicles or.tents. Typical uses include
recreational vehicle parks or cam rounds. Uses within this use type are subject to
Chapter 20.176, Recreational Vehicle Parks and Campgrounds.
2. Transient Habitation—Lodging (Limited). Lodging services involving the provision of
room and/or board. Typical uses include hotels, motels, inns, or transient boarding
Page 28 of 30
houses with three (3) to six (6) rooms.
3. Transient Habitation—Lodging. Lodging services involving the provision of room and/or
board. Typical uses include hotels, motels, inns, or transient boarding houses with seven
(7) or-more rooms.
4. Transient Habitation—Resort and Recreational Facilities. Resort services including the
provision of extensive outdoor recreation and entertainment services especially.for
vacationers. IyPical uses include resort and recreational facilities health spas, resort
hotels and motels, quest ranch, inns or organized camps.
TREE CROPS- Premises devoted to the cultivation for sale at wholesale of tree-grown
agricultural products such as pears, apples, walnuts„and Christmas trees but excluding other
forestry products.
SECTION NINE.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence,.clause or phrase of4his Ordinance, or
its application to any person or circumstance, is for any reason held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or
its application to any other person or circumstance. The City Council of the City of Ukiah hereby
declares that it would have adopted each section, subsection, subdivision, paragraph, sentence,
IL clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs,sentences,clauses or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by I"in a newspaper of general circulation in the City
of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on ,2024, by the following roll call vote:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on , 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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QueAa&Douqlas'Crane, Mayor
ATTEST:
Kristine Lawler, CMCICity Clerk
. w
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