Ukiah City Council
February 19, 2025

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 9262 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 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 for applicant’s business type:
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; 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 names 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 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;
i. 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 cannabisrelated 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 cannabisrelated business plan complies with each of the standards for review in this chapter, specifically the limitation on location and operating requirements in this article;
l. 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 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;
u. Other Information: Such other information as deemed necessary by the 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 Planning 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 be required in order to proceed with the application.

B. Operating Requirements For Cannabis-Related Businesses: Cannabis-related business operations shall be established and managed only in compliance with the following standards:

1. Criminal History: Any applicant 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 owner 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 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 twentyone (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.

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 afterhours 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. 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.

8. Confidentiality: The information provided for purposes of this section regarding the cannabis business security plans, security site plan, and 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 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 cannabisrelated business. 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 owner of the cannabis-related business, 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 the basis that the applicant or any owner 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 or State 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 business 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 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
d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or
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 F1a through e 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.

4. A Cannabis Cultivation Business 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 conflict 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, 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 subject 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.
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§9174.4 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:

1. Cannabis Waste Discharge Requirements 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, drying, 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 shall either (1) be located within an enclosed structure which utilizes best available control technology, or (2) include techniques and/or equipment (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 technology, or (3) 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.B.4 of this Code.

6. Generators. Generator use for Cannabis Cultivation must comply with the requirements set forth 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 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 threeeighth-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 CANNABIS PLANT: A 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 (12") in width.

INDOORS: Within a fully enclosed and secure structure.

MATURE CANNABIS PLANT: A 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 definition of “mixed-light” 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 B.4 of this Section and in Section 9174.4 of this Code, 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 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, 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.

5. 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 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 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 cannabis 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. * * *
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.
* * *
D. Major And Minor Use Permits, Site Development Permits, And Variances: At the time of application submittal, the 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 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:

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.
* * *
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 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:
* * *
* * *
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 including, without limitation, the breeding and raising of cattle,

sheep, horses, goats, pigs, rabbits, and poultry, including egg production;

3. Sale of agricultural products grown, raised, or produced on the premises;

4. 4-H, FFA or similar projects shall be permitted in all zoning districts.

ANIMAL RAISING—PERSONAL means the raising of hen chickens or rabbits for personal use on parcels forty thousand (40,000) square 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 (⅓) of the lot;

4. Coops or pens shall be located no closer than five (5) feet from the side or rear property line.

ANIMAL SALES AND SERVICES: Establishments or places of business primarily engaged 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 riding of horses by other than the occupants of the premises or their nonpaying guests. 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 boarding kennels, pet motels or dog training centers.

5. Animal Sales and Services—Stockyards. Stockyard services involving the temporary keeping of transient livestock for slaughter, 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 (large 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 bedding waste, 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 subsequently 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 time 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.

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 “large 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 cultivation 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 operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition of "medium outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.

CANNABIS CULTIVATION – OUTDOOR: Shall have the same definition as set forth for "outdoor cultivation" in California Code of Regulations, title 4, section 15000(xx), as may be amended from time to time. For purposes 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 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 type 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 operating 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 time.

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 meeting the definition of "specialty outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended 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.

* * *
* * *
DAY CARE FACILITY / SMALL SCHOOL: Care or education of seven (7) or more, but not to exceed twenty-five (25) persons regardless of age 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 for the 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-permanent in nature, does not exceed 200 square feet and obtains any needed building or encroachment permits, and may only sell agricultural goods or valueadded products directly produced from on-site agricultural operations. * * *
FOREST PRODUCTION AND PROCESSING: Refers to the growing, harvesting and production of forest products and forest byproducts including growing, 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 drying, milling, packaging, packing, shipping and selling 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, packaging, packing, shipping and selling of forest products regardless of where they are grown and also forestry related research laboratories.

3. Forest Production and Processing: 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..
* * *
`MAJOR IMPACT FACILITIES: Services or facilities which may have a substantial impact.

Typical uses include airports, hospitals, group care for more than twenty-five (25) persons, detention and correction institutions, and corporation yards.

MAJOR IMPACT SERVICES AND UTILITIES: Services or utilities which may have a substantial impact. Such uses may be conditionally permitted when the public 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: Packing or processing of agricultural 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 types:

1. Packing and Processing—Limited. Packing or processing of crops grown on the premises;

2. Packing and Processing—Winery. Crushing of grapes and fermentation, storage, and bottling of wine from grapes grown on or off the premises. Said use type also includes tasting rooms in conjunction with a winery and breweries provided said tasting room occupies less than twenty-five percent (25%) 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 patterns such as vines, field, forage and other plant crops intended to provide food or fibers.
* * *
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 campgrounds. 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 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. Typical uses include resort and recreational facilities, health spas, resort hotels and motels, guest 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 of this 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, 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 law 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:

ABSENT:

ABSTAIN:

Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglas F. Crane, Mayor
ATTEST:

Araceli Sandoval, Deputy City Clerk

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ATTACHMENT 5

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Citrus and Subtropical
Deciduous Fruits & Nuts
Grain & Hay
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Pasture
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Unclassified
Urban Landscape
Urban Unspecified
Vineyard
Young Perennial
CROP TYPES Sphere of Influence
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Grazing Land
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Draft Findings of Consistency:

Agricultural Consistency Ordinance
CEQA Section 15183 Statutory Exemption
November 22, 2024
SCH No: XXXXXXXXXX
Prepared by:

City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
www.cityofukiah.com/community-development/planning-services/ ATTACHMENT 6

2 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
Table of Contents
I. PROJECT INFORMATION 3
II. INTRODUCTION 4

1. Purpose of the 15183 Findings of Consistency 4

2. Ukiah 2040 General Plan EIR 4
III. PROJECT DESCRIPTION 5

1. Project Purpose 5

2. Environmental Setting and Project Location 5

3. Background 5
IV. EVALUATION OF ENVIRONMENTAL EFFECTS 6

1. Density 7

2. Effects 8

3. Impacts 9

4. Cumulative Impacts 9

5. New Information 10
V. DETERMINATION 12

3 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
I. PROJECT INFORMATION
Project Title: Agriculture Consistency Ordinance
Lead Agency Address and Phone Number:

City of Ukiah
Community Development Department
300 Seminary Avenue
Ukiah, California 95482
CEQA Contact Person and Phone Number:

Katherine Schaefers, Planning Manager
City of Ukiah, Community Development Department
(707) 463-6203
[email protected]
Applicant: City of Ukiah
Property Owner: City of Ukiah
Project Location: City-wide within the Agricultural Exclusive (A-E) and Combining Agricultural (- A) Districts
General Plan Designation: Those designations listed as compatible with the (A-E) or (-A) Zoning Districts, including: Industrial (I), Public (P), Recreational (REC), Open Space (OS), Agriculture (AG)
Zoning Designation: Agricultural Exclusive (A-E) and Combining Agricultural (-A)

4 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
II. INTRODUCTION

1. Purpose of the 15183 Findings of Consistency
California Public Resources Code section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183 provide an exemption from additional environmental review for projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

Section 15183 specifies that examination of environmental effects shall be limited to those effects that:
(1) Are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent,
(2) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
(3) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact.

2. Ukiah 2040 General Plan EIR
The Ukiah 2040 General Plan and its associated EIR (SCH# 2022050556) were certified in December 2022. The General Plan designates land uses defining the type and amount of development that can occur throughout the City and proposed annexation areas through the planning horizon year of 2040 (over approximately 18 years). The EIR comprehensively evaluated environmental impacts that would result from the General Plan’s implementation, including information related to existing site conditions, analyses of the types and magnitude of projectlevel and cumulative environmental impacts, and feasible mitigation measures that could reduce or avoid environmental impacts.

5 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
III. PROJECT DESCRIPTION

1. Project Purpose
The Agricultural Consistency Ordinance (hereafter referred to as the “Ordinance”) represents a planned alignment within the Ukiah 2040 General Plan and EIR, of the City of Ukiah’s zoning regulations with regional agricultural standards, particularly those established by Mendocino County. By revising the Agricultural Exclusive (A-E) and Combining Agricultural (-A) zoning districts, the Ordinance reflects the adaptation of agricultural practices and land-use policies to support the long-term sustainability of the region’s cultural and ecological landscape.

Reflective of the goals and polices of the Ukiah 2040 General Plan (See 3. Background below), the Ordinance responds to a need to protect agricultural lands from fragmentation and encroachment. Policies such as LU-7.5 highlight the importance of preserving agricultural viability by discouraging incompatible development, while AG-1.2 reinforces the commitment to safeguarding these lands within the City’s Sphere of Influence through zoning practices that maintain minimum lot sizes and encourage compatibility with surrounding uses. These principles maintain the integrity of agricultural spaces in an increasingly urbanized landscape.

Overall, the Ordinance seeks to provide a clear regulatory framework for agricultural and ancillary uses by codifying Mendocino County regulations such as minimum lot sizes, setbacks, and performance standards. It also anticipates evolving land-use needs by incorporating select Mendocino County outdoor cannabis cultivation provisions, while maintaining alignment with City of Ukiah goals and discretionary processes to ensure minimal environmental and social disruption.

2. Environmental Setting and Project Location
The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. Further west is undeveloped open space, and steep, densely vegetated areas interspersed with rural residential lots within the Western Hills and Mendocino County’s jurisdiction. The Agricultural Exclusive and Agricultural Combining districts within the City of Ukiah’s planning area are characterized by agricultural operations, including vineyards, orchards, and pasturelands, supported by a mix of soil types and climatic conditions conducive to farming.

3. Background
Ukiah 2040 General Plan
The Ukiah 2040 General Plan outlines key goals and policies within the Land Use and Agricultural Elements that directly support the alignment of the City of Ukiah’s zoning regulations with Mendocino County standards. These include:

Goal LU-7 To ensure the orderly and timely growth and expansion of the City.

Policy LU 7.7 Development Pattern The City shall ensure an orderly, contiguous development pattern that prioritizes infill development, phases new development,

6 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
encourages compactness and efficiency, preserves surrounding open space and agricultural resources, and avoids land use incompatibilities.

Policy LU 7.5 Agriculture and Annexation The City shall discourage urban development of unincorporated land in the City’s Sphere of influence until such lands are annexed by the City. The City shall support County land use regulations that require minimum lot sizes to protect the viability of local agriculture and to prevent the development of incompatible or undesirable land use patterns prior to eventual annexation and urbanization.

Goal LU-10 To assure coordination and consistency with special planning areas.

Policy 10.3 Ukiah Valley Area Plan The City shall coordinate with Mendocino County to assure consistency with the Ukiah Valley Area Plan goals and policies Goal AG-1 To preserve and strengthen agricultural uses in and around Ukiah that influence the regional economy.

Policy AG-1.1 Reduce Agricultural/Urban Conflict The City shall reduce conflict between incompatible uses and agriculture within and adjacent to the City.

Policy AG-1.2 Preserve Agricultural Lands With the exception of presently proposed or approved subdivisions, the City shall discourage urban development on unincorporated land within its Sphere of Influence until annexed by the City. The City shall support County land use designations that protect the viability of local agriculture in the Ukiah Valley.

Policy AG 1.3 Plan Together The City shall identify and involve stakeholders, as well as advisors with knowledge and expertise, to create and implement a comprehensive planning framework that preserves and strengthens agricultural uses in and around Ukiah that inform and influence the regional economy.

Agriculture Element Implementation Program C: Align Agricultural Standards The City shall revise agricultural standards and use terminology to be consistent with adjacent jurisdictions within the Ukiah Valley for the support of future annexations efforts.

The Agricultural Element of the Ukiah 2040 General Plan emphasizes the importance of regional consistency to foster collaboration between the City and Mendocino County. The proposed Ordinance directly implements these goals and policies by updating Ukiah’s zoning code to align with County regulations. 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.

Moreover, the General Plan recognizes that consistency between City and County standards reduces administrative complexity for property owners and operators, creating a streamlined regulatory framework. By adopting the Agricultural Consistency Ordinance, the City of Ukiah demonstrates its commitment to the preservation and enhancement of agricultural lands as a key regional resource. (City of Ukiah 2022)
IV. EVALUATION OF ENVIRONMENTAL EFFECTS

7 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

Section 15183 of the State CEQA Guidelines states that a project shall qualify for an exemption if the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.
5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

A discussion of staff’s finding of each potential environmental effect is provided below.

1. Density
The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.

Finding
The Ordinance is consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified.

Discussion
The current City of Ukiah Agricultural Combining (-A) zoning regulations establish limited agricultural uses, requiring a minimum lot size of five acres for certain activities. However, these regulations lack explicit density restrictions and a comprehensive framework to guide agricultural production. To address these gaps, the Ordinance clarifies and strengthens the standards for agricultural activities, introducing explicit provisions for uses such as animal raising (personal and general), tree crops, and farm stands.

Moreover, the Ordinance integrates Mendocino County’s minimum 40-acre lot size standard for Agricultural Exclusive (A-E) zones. This approach ensures agricultural parcels remain sufficiently large to support economically viable farming operations, such as vineyards or orchards, while mitigating risks associated with land fragmentation. For example, smaller lots that might otherwise be converted to residential uses could introduce land-use conflicts, such as noise or odor complaints from residents unfamiliar with standard farming practices. The 40-acre standard protects agricultural operations by reducing such risks and preserving the agricultural character of the region.

Proposed A-E regulation changes also include the addition of density restrictions of one dwelling per 40 acres, mirroring Mendocino County’s approach, in addition to limited processing and packing of agricultural products, horticulture, and farm stands which would be explicitly allowed,

8 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
provided these uses remain secondary to the primary agricultural activity. For instance, wineries may produce grapes grown on-site, and farm stands can sell locally produced goods, enhancing economic sustainability for agricultural operations. These updates reflect the Ordinance’s attention to preserving agricultural soils by restricting residential encroachment and supporting the economic viability of farming through accessory commercial uses such as small-scale processing and direct sales.

2. Effects
There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects Finding
All potential impacts from the Ordinance were evaluated with the Ukiah 2040 EIR. The proposed Ordinance has no unique features that were not evaluated within the General Plan EIR.

Discussion
The Ordinance does not introduce unique effects or conditions beyond those anticipated and analyzed in the Ukiah 2040 General Plan EIR. As emphasized under Goal LU-7 of the General Plan, the Ordinance is consistent with the directive to “ensure an orderly, contiguous development pattern that prioritizes infill development, phases new development, encourages compactness and efficiency, preserves surrounding open space and agricultural resources, and avoids land use incompatibilities.” This alignment reinforces the Ordinance’s focus on minimizing environmental disruption and promoting sustainable agricultural practices.

The Ordinance also directly supports Policy LU-7.5 which states that the City shall “support County land use regulations that require minimum lot sizes to protect the viability of local agriculture and to prevent the development of incompatible or undesirable land use patterns.” By aligning with Mendocino County zoning standards, the Ordinance operationalizes this policy, ensuring agricultural lands are preserved for their intended uses and safeguarded from premature urbanization.

Furthermore, Goal AG-1 of the General Plan commits to “preserve and strengthen agricultural uses in and around Ukiah that influence the regional economy,” while Policy AG-1.1 emphasizes reducing conflicts between incompatible uses and agriculture. The Ordinance addresses these objectives by codifying zoning standards that create clear protections for agricultural lands.

Additionally, Policy AG-1.2 calls for the City to “discourage urban development on unincorporated land within its Sphere of Influence until such lands are annexed,” a directive mirrored by the Ordinance’s adoption of minimum lot size requirements to prevent fragmentation of agricultural lands.

Implementation of these policies is supported by Agriculture Element Implement Program C, which directs the City to “revise agricultural standards and use terminology to be consistent with adjacent jurisdictions within the Ukiah Valley for the support of future annexation efforts.” The Ordinance fulfils this directive by aligning City agricultural zoning standards with Mendocino County’s practices, ensuring compatibility and promoting long-term agricultural sustainability.

9 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

3. Impacts
There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects
Finding
There is no new information as a result of the proposed Ordinance that would result in more severe impacts. The Ordinance is consistent with the Ukiah 2040 General Plan density and land use designations. All potential impacts were evaluated with the General Plan EIR.

Discussion
No project-specific impacts were identified that would result in significant environmental effects.

The alignment with Mendocino County standards ensures a uniform regulatory approach, reducing the potential for conflicts or adverse effects on neighboring properties. As emphasized in Policy AG-1.1 “The City shall reduce conflict between incompatible uses and agriculture within and adjacent to the City.” By incorporating regional agricultural standards, the Ordinance actively mitigates potential land-use conflicts and promotes compatibility between agricultural and neighboring uses.

Additionally, the Ordinance includes provisions to maintain agricultural operations and protect critical resources. Policy LU-7.5 emphasizes that “the City shall support County land use regulations that require minimum lot sizes to protect the viability of local agriculture and to prevent the development of incompatible or undesirable land use patterns.”

4. Cumulative Impacts
There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate
Finding
There are no potentially significant offsite and/or cumulative impacts as a result of the proposed Ordinance.

Discussion
The Ordinance aligns with regional agricultural policies and contributes to the cumulative preservation of agricultural lands. As outlined in Policy AG-1.2 “The City shall discourage urban development on unincorporated land within its Sphere of Influence until annexed by the City” and “support County land use regulations that protect the viability of local agriculture in the Ukiah Valley.” These directives ensure the Ordinance prioritizes agricultural preservation while managing growth in a way that avoids incompatible or fragmented land-use patterns.

The Ukiah 2040 EIR considered the incremental impacts of maintaining agricultural density and protecting agricultural resources in alignment with the General Plan. Policy LU-7.7 emphasizes the need for “an orderly, contiguous development pattern that…preserves surrounding open space and agricultural resources and avoids land use incompatibilities.” The Ordinance directly supports this policy by reinforcing minimum lot size standards and maintaining agricultural zoning consistency with Mendocino County, thus contributing to the long-tern sustainability of agricultural lands.

10 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

5. New Information
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR
Finding
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

Discussion
No new substantial information has been identified that would result in more severe environmental impacts. The Ordinance aligns with agricultural preservation goals outlined in the Ukiah 2040 EIR and General Plan. Specifically, Policy LU-7.5 supports maintaining agricultural land and preventing incompatible development, stating, “The City shall discourage urban development of unincorporated land in the City’s Sphere of Influence until such lands are annexed by the City.

The City shall support County land use regulations that require minimum lot sizes to protect the viability of local agriculture and to prevent the development of incompatible or undesirable land use patterns.” The Ordinance also reflects Policy LU-7.7, which emphasizes preserving compatibility with surrounding land uses through effective zoning standards.

The introduction of outdoor cannabis cultivation under the proposed Ordinance represents a new regulatory framework. The City will incorporate selected aspects of Mendocino County’s A-E zoning regulations, such as setback requirements mandating a minimum of 50 feet from all property lines to ensure land use compatibility and reduce adverse impacts. Additionally, the City will implement a more restrictive regulatory regime. 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 projectby-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.

To address air quality concerns, the Ordinance requires all structures used for mixed-light and indoor cannabis cultivation to be equipped with advanced filtration and ventilation systems designed to control odors, humidity, and mold. This provision is critical for ensuring compatibility with neighboring uses and for reducing potential nuisance complaints from nearby residents or businesses. For example, the Ordinance mandates that harvesting activities, such as drying and curing, occur either within enclosed structures utilizing best available control technology or by implementing innovative techniques like freeze-drying, to achieve equivalent odor mitigation.

These measures align with best practices outlined by the California Department of Cannabis Control (DCC), which emphasizes minimizing community impacts through effective operational controls.

Water conservation is another key component of the Ordinance, reflecting statewide efforts to sustainably manage natural resources. The Ordinance requires compliance with the State Water Resources Control Board’ Cannabis Cultivation Policy, which includes guidelines for water diversion, use, and discharge to protect California’s water quality and supply. By enforcing these standards, the Ordinance ensures that cannabis operations do not deplete local water resources or adversely affect the Ukiah Valley watershed.

11 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
By adopting provisions that align with the General Plan’s goals, the Ordinance supports the preservation of agricultural resources and promotes long-term compatibility with adjacent land uses. These measures, including cannabis-related regulations, not only align with state-level environmental and public health polices but also uphold the goals set forth in the Ukiah 2040 General Plan. Specifically, Policy LU-7.5 ensures the prevention of incompatible development patterns, while the adoption of these operating standards ensures that cannabis activities remain consistent with the City’s broader land-use and environmental objectives.

12 Agricultural Consistency Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
V. DETERMINATION
Summary of Findings: Section 15378 of the California Environmental Quality Act (CEQA) defines a “Project” as an activity that (1) is a discretionary action by a governmental agency; and (2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub.

Res. Cod, § 21065). “Project” means the whole of the action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.

In accordance with CEQA Guidelines Section 15183, the Agricultural Consistency Ordinance qualifies for an exemption because the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.
5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

Signature Date
Katherine Schaefers, Planning Manager
Community Development Department
City of Ukiah
[email protected]

Agenda Item No: 13.a.

MEETING DATE/TIME: 2/19/2025

ITEM NO: 2025-142

AGENDA SUMMARY REPORT
SUBJECT: Receive 2024 Annual Report on Code Enforcement Activities.

DEPARTMENT: Community
Development PREPARED BY:

Sean Connell, Code Enforcement Inspector II, Matt
Keizer, Chief Building Official / Fire Code Official
UVFD
PRESENTER: Sean Connell, Code Enforcement Inspector ll
ATTACHMENTS:

1. 2024 Code Enforcement Annual Report
Summary: The Council will receive the 2024 annual report and update from the Code Enforcement Division and provide direction to Staff as necessary.

Background: On April 7, 2021, the City Council adopted Resolution No. 2021-12, authorizing the Grants Management Division to submit a $1 million application for State Community Development Block Grant (CDBG) funding to the California Department of Housing and Community Development (HCD) for a Housing Rehabilitation Program and a Code Enforcement Program. The grant was awarded by HCD in 2022, enabling the standing up of the Community Development Department's new Code Compliance (Enforcement) Division and filling of a full-time Code Enforcement Inspector position (January 2023) to proactively enforce code enforcement issues within the six (6) identified census tract/block group areas (CDBG funding can only be used for the reimbursement of the code enforcement inspector's time in primarily residential areas where at least 51% of residents have incomes less than 80% Area Median Income).

The first (2023) Code Enforcement Report was presented by Staff to Council on March 20, 2024. This 2024 report (Attachment 1) is the second consecutive annual report submitted by Staff and covers the period January 1, 2024, to December 31, 2024. For this 2024 report, other ordinances for which code enforcement services are utilized are also summarized. These include Shopping Carts, Tobacco and Nitrous Oxide, and Cannabis.

Discussion: The Code Enforcement Division completed over 350 inspections in 2024, with an average case length of 23 days. Below are summaries related to code enforcement efforts for specific programs, campaigns, and ordinances.

Abandoned Vehicle Abatement (AVA):

The Division, as discussed in 2023, assumed responsibility for the City’s Abandoned Vehicle Abatement program, removing 25 vehicles as “junk”. A total of 52 abandoned vehicles were removed from the public streets of Ukiah.

Nuisance Abatement:

The Division issued six (6) Notices of Violation for properties with egregious violations that could not go through the standard courtesy noticing process. The Code Enforcement Inspector also completed Mold Inspector/ Remediation Certification (April 2024) with immediate improvements across multiple rental unit inspections, identifying health and safety violations and ensuring proper cleanup had occurred. Addressing these issues has produced positive impacts for both the affected parcels and surrounding neighborhoods.

Tobacco and Nitrous Oxide:

The Division completed the required annual Tobacco and Nitrous Oxide inspections for all 23 listed retailers within the City. To date, Staff has issued no fines, suspensions, or revocations of tobacco licenses. Staff has found that education to retailers has been the most effective method of securing compliance. No retailers were found to be in violation, through multiple inspections completed in 2024.

Abandoned Shopping Carts:

While abandoned shopping carts remain a priority for Staff, the complaints received are sporadic and promptly addressed. Additionally, when abandoned carts are collected, trends or geographic clusters are quickly identified. To address shopping cart-related issues moving forward, City Staff will continue to rely upon Ordinance No. 1222, State Law (Business and Professions Code), as well as the identification of trends or patterns that necessitate more nuanced and effective enforcement, and then follow-up with the business to determine site-specific solutions. For example, in 2024, Staff identified that a cluster of carts from a single store were accumulating in the Corporation Yard. Upon closer examination, Staff worked to return carts to the purveyor, and reviewed their operational policies and improvements to reduce the number of removed carts moving forward. In this instance, the store adopted more stringent storage and usage policies (limiting carts to the interior of the store), as well as equipping them with RFID tags to restrict their removal.

Cannabis Businesses:

Currently, there are six active cannabis-related businesses operating within Ukiah. Of these, five are cannabis commercial-retail establishments, and one is engaged in manufacturing, processing, and distribution.

Additionally, one approved cannabis distribution business has obtained the necessary entitlements but is not yet operational. At present, one business has an active cannabis consumption area (Heritage Mendocino), while two others have received approval for amendments to their Use Permits to include on-site cannabis consumption (Vibe Ukiah and Emerald Sun Manufacturing, LLC), though they are not yet operational.

Overall, the standards set forth in the City's cannabis regulations are functioning as intended, in line with the expectations and efforts of the cannabis ad-hoc committee, Planning Commission, and City Council. The discretionary review procedures for both minor and major use permits provide the necessary level of oversight, and the cost recovery process is sufficient to cover the workload and Staff time associated with application processing. For example, the City processed a handful of discretionary cannabis permits in 2024, including modifications and renewals. Recent amendments aimed at streamlining and clarifying cannabis regulations have been beneficial, particularly the ability to administratively withdraw applications and reduce the frequency of required renewals.

Since 2022, no reports of nuisance-related impacts have been received from the Ukiah Police Department, Code Compliance Division, or neighboring property owners. Throughout the year, Planning Division Staff work closely with other departments, particularly the Ukiah Police Department, to process background checks and ensure that cannabis businesses are in compliance with local regulations and their approved discretionary permits. In 2024, one cannabis related business was evaluated by the Department of Cannabis Control (DCC) via an unannounced inspection. This was considered a routine compliance inspection, and Planning Staff supported the review by providing associated materials and information. Staff is presently awaiting a final report from the DCC.

For calendar year 2025, the Code Enforcement Division intends to expand its role in residential rental housing inspections, and vacant building registration and tracking. The Division also plans to expand educational and training offerings to help administer the City Code of Ordinances to both Staff and the public.

Recommended Action: Receive the 2024 annual report on Code Enforcement activities and provide direction to Staff as necessary.

BUDGET AMENDMENT REQUIRED: N/A

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Matt Keizer, Chief Building Official; Jesse Davis Chief Planning Manager; Katherine Schaefers, Planning Manager
STRATEGIC PLAN (SP):SP 1A - Build neighborhoods that provide access for all to a compatible balance of housing, employment, commercial, medical, education, and recreational resources; SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods.

CLIMATE INITIATIVES (CI):5a – Update zoning ordinance; 10a – Protect from dangerous emission by preventing fires.

GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element

ATTACHMENT 1
1 CODE ENFORCEMENT ANNUAL REPORT 2024
Code Compliance Division (232)

DIVISION ACCOMPLISHMENTS AT A GLACE
YEARSEQUENCEOBJECTIVES COMPLETION NOTES COMPLETION
DATE
2024-2 Work with Fire Prevention Division to identify
code enforcement issues within the city limits,
investigate and help owners come into
compliance with applicable codes.
• Follow up on Annual balcony inspections.
• Identify hydrants without fire lane marking or
reflective identifier.

CONTINUAL
EFFORT
2024-3 Work with other divisions and departments to
institute an online public interface for code
enforcement complaints and communication.
• Citizen Serve online platform 09/01/2023.

Online Reporting activated 03/01/2024 COMPLETED
2024-4 Provide an annual code enforcement report to
City Council
Annual Completion

COMPLETED
2025-1 Attend MOLD Inspector Specialist training. Completed 04/01/2024 COMPLETED 2025-2 Build out and implement a residential rental
inspection program
• Rough Draft has been drafted for review
• Community Meetings for stakeholder
feedback
• Pending Agenda Calendar date
Prior to
May 2025
2025-3 Focus on motels being used as permanent
residences, and help owners bring buildings up
to current code standards for extended stay use.
• Internal City Hotels in the construction
process getting regular inspection.
• Provide information to hotel owners/
managers of City rights and rules.

ONGOING
EFFORT
2023-7 1. Deploy customer service survey;

2. Create and implement systems,
programs, and processes from best
practices and survey input to develop a
sustainable code enforcement program
with limited impact to the General
Fund.

1. Survey is active and collecting data for
Division review 1/1/2025

2. Compiling information, data, BMP from
other jurisdictions
12/1/2023

2 CASE CLOSURE TIMES
Days to Closure Number of Cases Closed Percentage increase from 2023 Same Day 22 57%
1 Day 16 300%
2-7 Days 57 533%
8-14 Days 48 500%
15-30 Days 48 85%
31-60 Days 28 211%
61-90 Days 14 366%
91-120 Days 5 25%
120+ Days 16 433%

MAJOR ACTIVITY BY TYPE
Activity Number Completed
Abandoned Vehicle Abatement 25
Attractive Nuisance 12
Dangerous, Unsightly 9
Overgrown Vegetation 9
Construction w/out Permit 9
Public Nuisance 7
Substandard Building 6
Abandoned Household Items 5
Existence of household garbage 5
Lack of Property Maintenance 5
Unauthorized trash accumulation 4
Entitlement Deviation 4
Disturbing the Peace 3
RV as living Space 3
Outdoor Storage of Personal Property 2
General Dilapidated 2
Illegal outdoor sales 2
Illegal public nuisance 2
Commercially zoned violations 2
Other 18
Annual Tobacco Inspection 23

INTERDEPARTMENTAL COLLABORATIONS
Department Activities
UKIAH POLICE DEPARTMENT • Collabora�ve Enforcement
UKIAH ELECTRIC BILLING • Communica�on for power removal.

UKIAH STREETS DIVISION • Redzone pain�ng / Fire Hydrant pain�ng • Public space clean-up
UKIAH FIRE AUTHORITY • Balcony Inspec�on follow-up
• Fire hydrant iden�fica�on

3 SUMMARIZED VIOLATION MAP

4 NITROUS OXIDE & TOBACCO
Nitrous Oxide - Ordinance No. 1220; Tobacco - Ordinance No. 1232 Since the adoption of the prohibition of Nitrous Oxide Sales [Ord No. 1220] at the Ukiah City Council's regular meeting on February 16, 2022, enforcement of the Ordinance has been delegated to the Code Enforcement Division of the Community Development Department. In addition, Ukiah City Council adopted the Flavored Tobacco Sales ban [Ord. No. 1232] at the May 3, 2023, meeting. In 2024, the Code Enforcement Division conducted 23 inspections for Tobacco and Nitrous Oxide compliance across all active retailers, spread throughout the year.

No violations were found within the City. The Code Enforcement Division continually responds to citizen complaints, as well as coordinate enforcement efforts with supporting departments like the Police and/or County enforcement teams.

SHOPPING CARTS
Ordinance No. 1222
In 2024, the number of abandoned shopping carts collected in the City of Ukiah's corporation yard remained consistent with previous years. Staff has observed that the carts collected within the corporation yard are influenced by geographic factors, which may give the impression that certain offenders are more problematic than others. Specifically, stores located closer to the corporation yard tend to contribute a higher proportion of abandoned carts, as City Staff can more efficiently collect and deposit them at the yard. In contrast, carts from stores located farther away are typically returned directly to the store, rather than being transported to the corporation yard.

Additionally, in 2024, the number of citations issued by the Ukiah Police Department increased slightly compared to 2023. Under UCC §6096, the unauthorized removal, alteration, or possession of a shopping cart is classified as a public nuisance and subject to citation. The following outlines the number of shopping cart-related violations from 2020 to 2024, as reported by the Ukiah Police Department:

Shopping Cart Citations by Year
2024 62
2023 56
2022 55
2021 9
2020 40
During the year, one business was instructed to collect the carts or face a punitive fee and the potential destruction of their abandoned carts. As a result of Staff correspondence, the carts were promptly retrieved.

TOBACCO & NITROUS OXIDE INSPECTION
NUMBER OF INSPECTIONS 23
NUMBER OF VIOLATIONS 0

5 In general, abandoned shopping carts remain a sporadic yet visible nuisance. However, the issue is being effectively managed through the coordinated efforts of multiple divisions within the City organization, including: Planning Division, Public Works - Streets Division, Community Services Department, and the City Attorney's Office.

CANNABIS OPERATIONS
Ordinance Nos. 1176; 1182; 1186; 1190; 1226; 1230
Currently, there are six (6) active cannabis-related businesses operating within Ukiah. Of these, five are cannabis commercial-retail establishments, and one micro-business engaged in manufacturing, processing, and distribution. Additionally, one approved cannabis distribution business has obtained the necessary entitlements but is not yet operational. At present, one business has an active cannabis consumption area, while two others have received approval for amendments to their Use Permits to include on-site cannabis consumption, though they are not yet operational.

Overall, the standards set forth in the City's cannabis regulations are functioning in line with the expectations and efforts of the cannabis ad-hoc committee, Planning Commission, and City Council. The discretionary review procedures for both minor and major use permits provide the necessary level of oversight, and the cost recovery process is sufficient to cover the workload and Staff time associated with application processing. For example, the City processed a handful of discretionary cannabis permits in 2024, including modifications and renewals.

Recent amendments aimed at streamlining and clarifying cannabis regulations have been beneficial, particularly the ability to administratively withdraw applications and reduce the frequency of required renewals.

Since 2022, no reports of nuisance-related impacts have been received from the Ukiah Police Department, Code Enforcement Division, or neighboring property owners. Throughout the year, Planning Division Staff work closely with other departments, particularly the Ukiah Police Department, to process background checks and ensure that cannabis businesses are in compliance with local regulations and their approved discretionary permits. In 2024, one cannabis related business was evaluated by the Department of Cannabis Control (DCC) via an unannounced inspection. This was considered a routine compliance inspection, and Planning Staff supported the review by providing associated materials and information. Staff is presently awaiting a final report from the DCC.

Agenda Item No: 14.a.

MEETING DATE/TIME: 2/19/2025

ITEM NO: 2025-143

AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Crane and Various Councilmembers
ATTACHMENTS:

1. 2025 City Council Special Assignments and Ad Hocs
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1.

Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.

In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary.

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

2025 CITY COUNCIL SPECIAL ASSIGNMENT LIST

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center300 Seminary Ave.Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband Orozco Jim Robbins, Grants Manager, 463-6708; [email protected] Investment Oversight Committee Varies
Civic Center 300 Seminary Ave. Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
CraneOrozco - Alternate Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Disaster Council
Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

Office of Emergency Management
300 Seminary Ave. Ukiah, CA 95482467-5720 - Traci Boyl
Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

OrozcoCriss - Alternate
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area
Marianne Davison - Community Services Department Staff Orozco - Alternate Shannon Riley, Deputy City Manager; 467-5793 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center 300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion RodinOrozco - Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board Chair North Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Neil Davis Neil Davis, Community Services Director; [email protected] Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco, Sher Neil Davis - Alternate David Burton, Museum Director; 467-2836 [email protected] Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin
CraneN/A - Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Crane Vice Mayor Sher Kristine Lawler, City Clerk; 463-6217 [email protected] Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.

Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 [email protected] Library Advisory Board
3rd Wednesdays of alternate months; 1:00
p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Sher Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor Crane Rodin - Alternate
Sage Sangiacomo, City Manager; 463-6221; [email protected] Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor
CrissRodin - Alternate
Shannon Riley, Deputy City Manager;467-5793 [email protected] Mendocino Council of Governments (MCOG)
1st Monday of month, 1:30 p.m.

Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director
367 N. State Street, Ste. 206 Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide Criss Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino County Airport Land Use Commission As needed
BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855; [email protected] Craig Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director200 S. School Street, Ste. 2 Ukiah, CA 95482463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts RodinCrane - Alternate for both city seat
members on Commission
Craig Schlatter, Director of Community Development; 463-6219; [email protected] Updated: 2/10/2025

2025 CITY COUNCIL SPECIAL ASSIGNMENT LIST

MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.

Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Crane Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Transit Authority (MTA) Board of Directors
Last Wednesday of month, 1:30 p.m.

Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director
241 Plant RoadUkiah, CA 95482462-1422
County-wide bus transportation issues and funding Sher Rodin - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Youth Project JPA Board of Directors
3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project776 S. State Street, Ste. 107Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Criss Max Brazill, Admin Lieutenant - Alternate
Cedric Crook, Police Chief; 463-6771; [email protected] Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month, 5:30 p.m.
151 Laws Ave.,Suite D Ukiah, CA
151 Laws Ave., Ukiah, CA 95482; [email protected]; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 [email protected] Ukiah Players Theater Board of Directors
3rd Tuesday of month, 6:00 p.m
1041 Low Gap Rd Ukiah, CA 95482 462-1210
1041 Low Gap RdUkiah, CA 95482462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217 [email protected] Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Orozco, Criss Sage Sangiacomo, City Manager Cedric Crook, Police Chief Sage Sangiacomo, City Manager; 463-6221 [email protected]

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency (GRTA) Bi-monthly, 3rd Thursdays, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Sher- Alternate Neil Davis, Community Services Director 467-5764 [email protected] League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento OrozcoCriss - Alternate
Sage Sangiacomo, City Manager; 463-6221 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall9291 Old Redwood Hwy, #400Windsor, CA 95492707-838-1000 Russian River Watershed Association 2235 Mercury Way, Suite 105Santa Rose, CA [email protected] 707-508-3670 (message only) Consider issues related to Russian river - plans projects and funding requests RodinSher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Northern California Power Agency (NCPA) - Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CA and other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.

Crane - Commissioner Sher - City Council Alternate Sauers - Alternate and Commissioner in absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;463-6286 [email protected] Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce DriveRoseville, CA 95678916-781-4299
Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project.

Sauers – Project Participate Appointee
Cindy Sauers, Electric Utility Director,463‐6286, [email protected] Transmission Agency of Northern California (TANC)
4th Wednesday of month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225Folsom, CA 95630916-852-1673; [email protected] Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.

CraneSauers - Alternate
Cindi Sauers - Electric Utility Director;463-6286 [email protected]

STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Criss Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Fire Executive Committee
2nd Tue, every other month beginning in January; 5:00 p.m.

Ukiah Valley Conference Center,200 S. School Street Ukiah, CA Civic Center300 Seminary Ave.Ukiah, CA 95482 [email protected] Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/SherAlternates: Criss
Doug Hutchison, Fire Chief; 463-6263; [email protected] Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually
Ukiah Valley Conference Center,200 S. School Street Ukiah, CA City of UkiahATTN: City Clerk300 Seminary Ave.Ukiah, CA 95482 Oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463‐6220 [email protected] Lawler, City Clerk; 463‐6217, [email protected] Water Executive Committee(Ukiah Valley Water Authority) 1st Tue of each month
at 6:00 p.m.

Ukiah Valley Conference Center,200 S. School Street Ukiah, CA City of UkiahATTN: Sean White300 Seminary Ave.Ukiah, CA 95482 Oversight of UVWA; set annual budget for the combined water system; Manage rates and collect levies; modify existing water rights for the provision of water service; mediation and dispute resolution; Crane/Orozco Sean White, Director of Water Resources; 463-5712 [email protected] Updated: 2/10/2025

COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-6286 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Advance Planning & Policy for Annexation
Applications Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
Sean White, Water Resources Director
463‐5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463‐6284 [email protected]
Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community
Development Director and the Climate Action Plan Working Group related to other outreach efforts during the
development of the draft municipal Climate Action Plan related to the 2040 General Plan
Sher/Criss Craig Schlatter, Community Development Director 463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Zoning Reform
Function is to explore creation of a new ministerial zoning permit and identify additional zoning streamlining and reform efforts to provide better and more consistent development outcomes
Crane/Orozco
Craig Schlatter, Community Development Director
463-6219 [email protected]
Community Health Needs Assessment (CHNA)
Steering Committee
assist in the creation of the 2025 CHNA Report for the
communities served by the three Adventist Health hospitals in Mendocino County. providing insight, identifying, gathering and analyzing the health needs of our community. Additionally Rodin/Sher
Jeremy Malin, NP
Director of Community Health Analytics
Adventist Health Howard Memorial
Adventist Health Ukiah Valley
Adventist Health Mendocino Coast
978-289-3330; [email protected]
Parks & Recreation Special District Exploration Rodin/Orozco Neil Davis, Community Services Director 467-5764 [email protected]
Downtown Zoning code Crane/Rodin Craig Schlatter, Community Development Director 463-6219 [email protected]
Tourism Advisory Committee Rodin/Sher Shannon Riley, Deputy City Manager 467‐5793 [email protected]
City Council Handbook Review and Update Sher Kristine Lawler, City Clerk 463‐6217; [email protected]
2025 AD HOC COMMITTEES
Updated: 2/10/2025