Resolution No. ___
3 Application No. PLNG 24-00039, the City of Woodland City Council hereby makes the following additional findings, pursuant to the requirements of Woodland Municipal Code (“WMC”) Section
17.100.100(H) and 17.84.120(c)(3):
1) The proposed use is consistent with the General Plan and Zoning Code, in that the use is conditionally permitted consistent with zoning and general plan requirements, and appropriate conditions to address potential concerns and impacts have been made part of the approval.
2) The site is physically suitable for the type, density, intensity of the use being proposed, including access, utilities, and the absence of physical constraints. 3) The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity including transportation and service facilities.
4) Granting the Conditional Use Permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.
5) The proposed project is categorically exempt from further environmental review pursuant to CEQA sections 15301 and 15303 as the proposal involves operation, repair, maintenance, leasing and licensing of existing facilities, and involves the conversion of a small structure not exceeding 2,500 square feet where retail cannabis dispensing is a conditionally permitted use.
6) The proposed use at the Site is subject to additional findings and considerations set forth in WMC section 17.84.120(3). The City of Woodland City Council has considered all relevant evidence regarding the Site and the Applicant’s proposed use, and finds that Applicant’s proposed cannabis retailer use at the Site satisfies those considerations, as follows:
a) Pursuant to WMC section 17.84.120(3)(a), the City of Woodland City Council has considered the type of proposed use by the Applicant. The proposed cannabis retailer will provide sales of cannabis and cannabis products. The City of Woodland City Council finds that these goods and services will provide unique, currently unavailable, and varied goods and services to the community by the Applicant’s use at the proposed location.
b) Pursuant to WMC section 17.84.120(3)(b), the City of Woodland City Council has considered all evidence and testimony relevant to the Applicant’s proposed use, and determines that the proposed use will not be detrimental to the health, safety and welfare of the community. The use is located in the Corridor Mixed Use – West Main Street zone and not adjacent to sensitive uses; and therefore will not result in negative impacts on existing uses in the area. The project is subject to approval of a conditional use permit, including conditions of approval incorporated into the
Resolution No. ___
4 project, and subject to local and state regulatory standards, licenses and permits, to ensure that the use will not be detrimental to the health, safety and welfare of the community. Applicant’s failure to abide by those conditions of approval may result in permit revocation.
c) Pursuant to WMC section 17.84.120(C)(3)(c), the City of Woodland City Council finds that the proposed use would enhance the economic viability of the area in which it is proposed to be located because it will provide new goods and services not currently available to the surrounding area and will bring retail activity to the proposed location.
d) Pursuant to WMC section 17.84.120(C)(3)(d), the City of Woodland City Council finds that the Applicant has adequately addressed the potential community benefits of the use to offset potential adverse impacts. The City of Woodland City Council has determined that these community benefits adequately offset any potential adverse impacts of the proposed use.
e) Pursuant to WMC section 17.84.120(C)(3)(e), the City of Woodland City Council has considered all evidence and testimony pertaining to Applicant’s proposed use, including the extent of support or opposition to the proposed use and location from members of the community. No opposition to the proposed use or location was expressed by the community or the surrounding neighborhood. f) Pursuant to WMC section 17.84.120(C)(3)(f), the City of Woodland City Council further finds that, based on other proposed locations considered concurrently with the Site, there will be no more than two (2) cannabis retailers located within a one thousand (1,000) radius of the Site at the time of this Resolution, except otherwise approved by City Council, which protects against an overconcentration of the type of proposed use and further protects the public health and safety. g) Pursuant to WMC section 17.84.120(C)(3)(g), and consistent with the above findings, the City of Woodland City Council further finds that the proposed use would not lead to a further overconcentration of that particular type of premises in the area.
h) Pursuant to WMC section 17.84.120(C)(3)(h), the City of Woodland City Council has considered the Applicant’s application, including the relevant background and history of the Applicant. Based on the information provided, the City of Woodland City Council has determined that there are no prior problems or complaints pertaining to Applicant’s operation of other businesses or cannabis operations on premises giving rise to public health, safety, and welfare concerns. The applicant has additionally operated retail cannabis businesses in other jurisdictions with no known problems or complaints.
i) Pursuant to WMC section 17.84.120(C)(3)(i), the City of Woodland City Council is not aware of a history or high prevalence of police or crime-related problems in the area of the Site giving rise to specific safety concerns.
Resolution No. ___
5 j) Pursuant to WMC section 17.84.120(C)(3)(j), the City of Woodland City Council finds that the proposed use would enhance recreational or entertainment opportunities in the area.
In light of the above findings and considerations regarding the proposed use and location, the City of Woodland City Council therefore finds that the conditional use conforms to the requirements and intent of WMC Chapter 17.84.120 regarding commercial cannabis uses and the City’s General Plan, and that any conditions and requirements stipulated in Applicant’s conditional use permit have been or will be met, and that the use will not constitute a nuisance or be detrimental to the public welfare of the community.
SECTION 3. Approval. In accordance with the City of Woodland City Council findings stated in Section 2 and Exhibit A of this Resolution, the City of Woodland City Council hereby approves Planning Application Number PLNG 24-00039 for the issuance of a Retail Cannabis Conditional Use Permit to Infinity Assets Woodland Inc., dba Yolo Cannabis Club for the proposed cannabis retailer use at 367 West Main Street, Ste. 353-D. The recommended approval and issuance of the conditional use permit is expressly conditioned on Applicant’s continued compliance with all of the findings and conditions of approval specified in Applicant’s conditional use permit, Article 17.84.120 of the Woodland Zoning Code, Chapter 5.28 of the Woodland Municipal Code, and all other applicable local and state laws and regulations pertaining to commercial cannabis retailers. Nothing in this Resolution shall be deemed to waive the City’s right to revoke Applicant’s conditional use permit in the event Applicant violates any of the aforementioned conditions.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Woodland at a regular meeting of the City Council held on the 15th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Tania Garcia-Cadena, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _______________________________ Sarah Lansburgh, City Clerk Ethan Walsh, City Attorney
Resolution No. ___
6 EXHIBIT A
Conditions of Approval
PLNG 24- 00039
Address: 367 West Main Street, Ste. 353-D
Cannabis Business: Infinity Assets Woodland Inc., dba Yolo Cannabis Club Conditions of Approval
General Conditions
1. Approval. Planning Application # PLNG 24-00039, submitted by Applicant Infinity Assets Woodland Inc., dba Yolo Cannabis Club for the proposed cannabis business “Yolo Cannabis Club” is approved to permit retail sales of cannabis and cannabis products, and, in a building size of approximately 1,144 square feet located at 367 West Main Street and with hours of operation of Monday – Sunday 9 am – 9 pm.
2. Substantial Conformance. The use shall be implemented in substantial conformance with the Conditional Use Permit (Planning Application: PLNG 24-00039) as approved by the City Council, and subject to all applicable provisions of Woodland Municipal Code Section 5.28, Commercial Cannabis Business Permits, and Section 7.84.120, Commercial Cannabis Businesses, except as modified herein. Prior to issuance of a Cannabis Business Permit and, if applicable, Certificate of Occupancy, all conditions of approval and required improvements shall be completed to the satisfaction of the city. Changes in the use or an increase in the intensity or size of operation may require approval of a new use permit or a modification to the existing use permit.
3. Regulatory Permit. The approval of the Conditional Use Permit and commencement of business operations shall be contingent upon the applicant submitting a Cannabis Business Permit application and all of the materials and documentation required by Woodland Municipal Code Chapter 5.28.180, Applications for Cannabis Business Permits, to the Community Development Director for review and approval. Applicants shall obtain and maintain at all times a valid Cannabis Business Permit including approval of an Operating Agreement, prior to occupancy of the building and continuing at all times that the business is in operation, including payment of all required fees for application review. The Cannabis Business Permit shall be timely renewed and maintained in accordance with the applicable procedures set forth in Woodland Municipal Code Chapter 5.28 as a condition of continuing the retailer use under the approved conditional use permit.
All requirements, terms and conditions of the Cannabis Business Permit, Operating Agreement, and applicable state license(s) shall be considered conditions of this conditional use permit.
Failure to comply with all applicable state and local laws and ordinances, the Cannabis Business Permit, Operating Agreement, and/or applicable state license(s) shall be deemed a violation of the conditional use permit and may result in revocation of the use permit.
4. Indemnification. The applicant shall defend, indemnify, and hold harmless the City of
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7 Woodland, its agents, officers or employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the subject application by the City, its legislative body, advisory agencies or administrative officers.
The City will promptly notify the applicant of any such claim, action or proceeding against the City and the applicant will either, at the City's discretion, undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City Attorney.
5. Other Permits and Licenses. The applicant shall obtain all other permits and licenses required by the City for the use, including a Cannabis Business Permit pursuant to Woodland Municipal Code Chapter 5.28, and any other City permits required for retail cannabis uses prior to occupancy of the building and operation of the business, and shall pay all required fees in the amount currently established as applicable, or in the amount to be adopted by City Council. All cannabis businesses must, prior to establishing and operating any such cannabis business, obtain and maintain at all times a valid license issued by the State, as may be applicable, and any other applicable local or regulatory licenses.
6. Building and Fire Requirements. Prior to occupancy and/or issuance of a Cannabis Business Permit, applicant shall comply with all applicable Building and Fire requirements to the satisfaction of the Building Official and the Fire Marshall. The applicant shall obtain all necessary and appropriate permits for the project prior to occupancy, including but not limited to building and encroachment permits, and pay all required fees.
7. Runs with the Land. The terms and conditions of approval of the conditional use permit shall run with the land, and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assignees of the property owner. Where a conditional use has abandoned the site or has ceased activity for a period of six (6) months, expressly including due to the failure to obtain or maintain other necessary regulatory licenses and permits to operate the business, the approved conditional use permit may be subject to revocation for non-use.
Under these circumstances, and if such non-use results in revocation of the conditional use, a new application for a conditional use permit must be processed per the requirements of the City's then-existing zoning ordinance.
8. Permit Expiration. The Conditional Use Permit must be exercised within one year of issuance, or it shall be deemed null and void by act of law (Woodland Municipal Code Section 17.96.130, Expiration and Extension). A permit for use of a building or a property is exercised when a valid City business license, Cannabis Business Permit, and all necessary permits have been issued, and the permitted use has commenced on the site in accordance with applicable conditions of approval contained herein.
9. Other Applicable Requirements. The project approval is subject to all applicable requirements of the Federal, State, City of Woodland and any other affected governmental agencies. Approval of this request shall not waive compliance with all sections of the Municipal Code, all other applicable Federal, State and City Ordinances, and applicable Community or Specific Plans or Design Guidelines in effect at the time of building permit issuance. The duty of inquiry as to such requirements shall be upon the applicant.
Resolution No. ___
8 10. Compliance with Conditions. Prior to any use of the project site, all Conditions of Approval shall be completed to the satisfaction of the Community Development, Police, and Fire Departments. In the event that any of the conditions of this permit are not satisfied, the Community Development Director may request a public hearing be set before the Planning Commission to determine whether the Conditional Use Permit should be revoked. Additionally, upon showing of a compelling public necessity demonstrated at a noticed public hearing, the City of Woodland, acting through the appropriate entity, may add, amend, or delete conditions of this permit.
11. Violations. Upon receipt of a Cannabis Business Permit the applicant shall be subject to provisions relating to violations contained in Municipal Code Section 5.28.090, or as may be amended.
12. Environmental Recording Fee. Applicant shall provide the Community Development Department with a check for the sum of $50 made out to Yolo County to record the CEQA environmental document (Notice of Exemption) with the County.
13. Applicant’s Responsibility to Inform. The applicant shall be responsible for informing all subcontractors, consultants engineers, or other business entities providing services related to the project of their responsibilities to comply with all pertinent requirements herein in the City of Woodland Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City as well as hours of operation requirements in the City.
Planning Conditions
16. Education. The cannabis retailer shall provide information or disclaimers to all customers regarding the effects of cannabis consumption and legal consequences of consumption or possession under federal law, in a form approved by the City.
17. Parking. The project shall provide and maintain the number of on-site parking spaces consistent with the requirements of Section 17.68 of the Woodland Municipal Code, based on gross square footage of retail use, consistent with City standards unless otherwise approved by the Community Development Director.
18. Bicycle Parking. The project shall provide bicycle parking, consistent with the requirements of Section 17.68.070 of the Woodland Municipal Code. The location of the racks and locking mechanism details shall be subject to review and approval by the Community Development Department prior to issuance of permits. Bicycle parking shall be installed prior to occupancy.
19. Signage. Signage shall require a Sign Permit subject to approval by the Community Development Department in compliance with Woodland Municipal Code Section 17.100.140, Sign Permits – Permanent Signs, and may require a Building permit prior to installation.
20. Trash Maintenance. The site shall be kept free of trash or debris at all times. Graffiti or any other type of vandalism shall be removed or otherwise remediated within 72 hours of occurrence.
Resolution No. ___
9 21. Landscape. Prior to operation, all existing landscape planter areas shall be replanted and maintained per City Standards. Vegetative matter shall cover no less than 75% of the required landscape area unless otherwise approved by the Community Development Director.
Maintenance shall include but is not limited to watering, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivation.
22. A storefront cannabis dispensary permittee shall not allow cannabis, cannabis products, or cannabis accessories on the dispensary site to be visible from the public right of way, the unsecured areas surrounding the buildings on the site, or the site’s main entrance and lobby.
23. No storefront cannabis dispensary shall grow or cultivate cannabis, except for immature nursery stock cannabis plants, on the dispensary site.
Building Conditions
The following comments are from the City of Woodland Building Division and are applicable to the referenced project:
24. This project must meet all criteria and mandates for these City adopted codes or the most current code:
A. 2022 California Building Code
B. 2022 California Plumbing Code
C. 2022 California Mechanical Code
D. 2022 California Electrical Code
E. 2022 Building Energy Efficiency Standards
F. 2022 California Green Building Code
G. The Code of the City of Woodland
25. Other City and County Agencies (Health, Fire, Public Works, and Planning) may be required to approve the project prior to a building permit being issued.
Recycle plan is required at time of permit issuance along with a $1000 deposit.
Prior to any demolition work being performed, clearance from Yolo Solano Air Quality Management District is required.
26. Any deferred submittals that are not a part of the initial permit application must be listed on the cover sheet of the plan at the time of application for the project.
27. All plans, computations and specifications to be prepared and designed by an architect or engineer licensed by the state of California.
28. A licensed architect or licensed engineer shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.
Fire Conditions
The following comments are from the City of Woodland Fire Department and are applicable to the referenced project:
29. Project Condition. Prior to permit approval to install gates or barriers: The installation of perimeter fencing, gates, or obstacles that obstruct fire apparatus access roads shall require
Resolution No. ___
10 a separate plan submittal, review, and approval by the Woodland Fire Department prior to installation.
30. Advisory: An operational permit for a Cannabis dispensary will be required. The permit(s) will cost $342.00 and be billed at the time of the fire inspection.
31. Advisory: Addressing and suite numbers shall be readily visible, contrasting in color to the background.
32. Project Condition. Prior to permit approval: Tennant improvement plans shall be submitted to the City of Woodland Building and Fire Department for review and approval due to the interior remodel of the space.
33. Advisory: Please be aware that, at a minimum or as applicable, the following items will be inspected, tested, or reviewed at the time of inspection. • Existing exit signs and emergency lighting shall be in good working order and capable of supplying illumination for not less than 90 mins. Testing records are required. Test to be conducted at fire inspection.
• New and existing fire extinguishers shall be current and labeled with a State Fire Marshal-approved service label.
• Existing exits, exit doors, and door hardware are not obstructed, are in good working order, and shall meet the minimum requirements of the CFC. • Housekeeping shall be orderly, and storage shall be stored in an approved manner per the CFC.
• All electrical and cords shall comply with the CFC.
• All electrical panels shall have a minimum 36-inch clearance before the panel. • Verify that the address and suite numbers are visible from the assigned street. • Verify fire lanes are marked.
• Verify all landscaping is three feet away from fire department equipment. • Verify that fire department equipment is painted, marked, labeled, and secured as applicable.
• Existing walls and ceilings are free from holes that would lead to fire extension. • Verify Knox Box keys.
Police Conditions
The following comments are from the City of Woodland Police Department and are applicable to the referenced project:
34. Security personnel shall be on site twenty-four hours a day or alternative security as authorized by the city manager or his/her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the state of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the city manager or his/her designee (s), with such approval not to be unreasonably withheld.
Firearms may be carried by security personnel while they are on duty if authorized by the chief of police.
35. Security Plan. Prior to issuance of a Business Cannabis Permit, applicant shall submit a final
Resolution No. ___
11 Security Plan and Lighting Plan pursuant to Woodland Municipal Code Section 5.28.260, Cannabis Business Site Security, for review and approval by the Police Chief and Community Development Director. Photometric data may be required to indicate that parking and public areas are equipped with one (1) foot-candle of minimum maintained illumination per square foot of parking surface to include the entire paved area or public/employee exterior access ways. Photometric data must also confirm the absence of “hot spots” or areas of ten (10) footcandle of illumination per square foot or more.
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WOODLAND, CALIFORNIA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN OPERATING AGREEMENT WITH INFINITY ASSETS WOODLAND INC., DBA YOLO CANNABIS CLUB, FOR A CANNABIS RETAIL FACILITY LOCATED AT 367 W. MAIN STREET, STE. 353-D, WOODLAND, CA 95695
WHEREAS, the applicant Infinity Assets Woodland, Inc. dba Yolo Cannabis Club, submitted a Conditional Use Permit application to operate a Retail Cannabis Facility (“Cannabis Business”) in a 1,144 square foot tenant space within an existing commercial shopping center located at 367 West Main Street with hours of operation of Monday – Sunday 9 am – 9 pm; and WHEREAS, the City Council, following a Planning Commission recommendation to approve the use, approved granting a Conditional Use Permit to the Cannabis Business to conduct commercial cannabis activities at the Subject Property, subject to conditions of approval and contingent on issuance of a cannabis business permit, state license(s) and execution of an Operating Agreement; and
WHEREAS, Woodland Municipal Code Chapter 5.28 provides that the City shall enter into an Operating Agreement and Indemnification, in conjunction with the issuance of a Cannabis Business Permit, in which the Cannabis Business agrees to abide by the requirements of the Municipal Code and any other operating terms and conditions as mutually agreed by the parties; and
WHEREAS, the City Council of the City of Woodland has determined that there may be both community benefit and potential adverse impacts that may result from the operation of cannabis businesses in the City, and therefore desires to ensure all such impacts are adequately mitigated and offset through the requirement for community benefits the businesses provide to the City and its residents; and
WHEREAS, the Cannabis Business and the City have mutually agreed to certain minimum payments or actions to the City of Woodland to provide for community support projects, programs, and other services and activities that will positively contribute to the community and minimize any adverse impacts or increases in need for services caused by the operation of the Cannabis Business in the community; and
WHEREAS, the proposed Operating Agreement additionally addresses other mutually agreeable terms and conditions regarding operation of the Cannabis Business, including minimum insurance requirements, security procedures, and indemnification.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Woodland hereby resolves as. follows:
1. The City Council adopts the findings above as true and correct.
2. The City Council hereby approves of an Operating Agreement between the City and P.F.F. Consulting Inc., dba Woodland Cannabis Dispensary generally consistent with the terms and conditions provided in the Operating Agreement attached hereto as Attachment 1.
3. The City Manager, or his or her designee, is authorized to execute an Operating Agreement in substantially the form provided in Attachment 1, subject to any minor, technical, non-substantive or necessary changes approved by the City Attorney, and any other supporting documents necessary to execute the Operating Agreement. The City Attorney is hereby authorized to make clarifying and confirming changes to the Agreement, provided the total payment amount under the Agreement does not change.
4. The Operating Agreement shall be executed prior to issuance of a Cannabis Business Permit.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Woodland at regular meeting of the City Council held on the 15th day of October, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Tania Garcia-Cadena, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _______________________________ Sarah Lansburgh, City Clerk Ethan Walsh, City Attorney
Exhibit 1
[Operating Agreement]
1 OPERATING AGREEMENT FOR A CANNABIS RETAIL BUSINESS AND
PRELIMINARY CANNABIS BUSINESS PERMIT
LOCATED IN THE CITY OF WOODLAND
INFINITY ASSETS WOODLAND INC. DBA YOLO CANNABIS CLUB
367 W. MAIN STREET, STE. 353-D, WOODLAND CA 95695
This Operating Agreement for a Cannabis Business (hereinafter “Agreement”), dated ____, 2024, (“Effective Date”), is entered into by and between the City of Woodland (the “City”), a California municipal corporation, and Infinity Assets Woodland Inc. dba Yolo Cannabis Club, a cannabis retail facility (“Cannabis Business”). The City and Cannabis Business may be referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, On June 21, 2022, the City Council of the City of Woodland approved Ordinance Nos. 1685 and 1686 to allow consideration for up to four retail cannabis businesses within the City of Woodland.
WHEREAS, on February 27, 2023, the City of Woodland opened a competitive application review process for preliminary cannabis business permit applications, which closed on April 5, 2023. A total of 12 Preliminary Cannabis Business Permit applications were received.
WHEREAS, after conducting a complete, thorough, and objective review in consideration of all applications, the four top scoring applications were selected to continue through the final application review process, including the approval of an operating agreement to memorialize the requirements as provided for in the regulations governing commercial cannabis retail permits, Chapter 17..84.120 and 5.28 of the Woodland Municipal code, as well as statements and agreements provided in the application materials and as part of the interview process; and WHEREAS, Cannabis Business is one of the four top scoring applicants and has applied for and received a Conditional Use Permit concurrently with the approval of this Agreement for the operation of a retail cannabis business at 367 W. Main Street, Ste. 353-D, Woodland California, as more specifically described in Exhibit “A”, attached hereto and incorporated herein by this reference (the “Subject Property”).
WHEREAS, Section 5.28.180(A)(9) of the Woodland Municipal Code provides that the City shall enter into an Operating Agreement and Indemnification, in conjunction with the issuance of a Cannabis Business Permit, in which the Cannabis Business agrees to abide by the requirements of the Municipal Code and any other operating terms and conditions as mutually agreed by the parties; and
WHEREAS, the City Council of the City of Woodland has determined that there may be both community benefit and potential adverse impacts that may result from the operation of cannabis businesses in the City, and therefore desires to ensure all such impacts are adequately mitigated and offset through the requirement for community benefits the businesses provide to the City and its residents; and
2 WHEREAS, the Cannabis Business and the City have mutually agreed to certain minimum payments or actions to the City of Woodland to provide for community support projects, programs, and other services and activities that will positively contribute to the community and minimize any adverse impacts or increases in need for services caused by the operation of the Cannabis Business in the community.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants set forth herein, the Parties agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals, and all defined terms set forth in this Agreement, are hereby incorporated into this Agreement as if set forth herein in full.
2. Definitions. The following terms shall have the following meanings for purposes of this Agreement, but other terms may be defined elsewhere in this Agreement.
A. “Assignment” means: (i) a sale, exchange or other transfer of this Agreement, the Cannabis Business’s rights hereunder, or substantially all of the Cannabis Business’s assets dedicated to operation of the retail cannabis business under this Agreement to a third party; (ii) a sale, exchange or other transfer of thirty (30) percent or more of the outstanding common stock of the Cannabis Business; (iii) any reorganization, consolidation, merger re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Cannabis Business or any of its shareholders is a party which results in a change of ownership or control of thirty (30) percent or more of the value or voting rights in the stock of Cannabis Business; and (iv) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, provided that the effect of such occurrence is to change control of Company or responsibility for this Agreement to an entity that is not controlled by Company’s ultimate parent entity (as defined on the Effective Date of this Agreement in 16 CFR § 801.1(a)(3)).
B. “Cannabis business permit” means the regulatory permit issued by the City to the Cannabis Business pursuant to the provisions of Chapter 5.28 of the Woodland Municipal Code.
C. Cannabis retailer” means a premises permanently located in the City licensed by the State of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended, where cannabis is provided for retail sale to consumers, including an establishment that delivers cannabis as part of a retail sale, as permitted by Chapter 17.84.120 of the Woodland Municipal Code.
D. “City” means the City of Woodland.
E. “City Permits” means all building permits, conditional use permits, zoning amendments, operating agreements, and other permits, including the Cannabis
3 Business Permit, licenses, entitlements, and agreements that the City, acting in its governmental capacity, must issue or approve for the Cannabis Business to operate in accordance with this Agreement.
F. “Commencement Date” means the date that all of the following have occurred: (1) the City has issued all necessary City Permits; (2) the Cannabis Business has obtained all necessary State Licenses to operate; and (3) the Cannabis Business has obtained a certificate of occupancy.
G. “Community Development Director” means the Community Development Director and his or her designee.
H. “Conditional Use Permit” means the conditional use permit issued by the City to the Cannabis Business pursuant to Chapter 17.100.100 of the Woodland Municipal Code.
I. “Effective Date” means the date first entered above as the Effective Date that both Parties have signed this Agreement.
J. “Gross Receipts” means the total amount actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in “gross receipts” shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, all cost of materials used, labor or service costs, interest paid or losses or other expenses. The following shall not be included in the definition of “Gross Receipts: (1) Cash discounts allowed and taken on sales; (2) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; and (3) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.
K. “Manager” means a person with responsibility and authority over the establishment, management, supervision, or oversight of the operation of the Cannabis Business.
L. “State License” means all licenses required to be issued by the State of California for operation of the Cannabis Business pursuant to Division 10 of the Business and Professions Code and applicable state regulations, including Division 42 of Title 16, Division 8 of Title 3, and Division 1 of Title 17 of the California Code of Regulations, as those provisions may be amended.
M. “Subject Property” means that certain property located at 367 W. Main Street, Ste. 353-D, Woodland California, as more specifically described in Exhibit “A”, attached hereto an incorporated herein by this reference, which is the location of the Cannabis Business’s retail cannabis business.
N. “Term” means the period of time this Agreement is in effect, and any renewal periods, as specified in Section 3.
4 3. Term of Agreement. The Term of this Agreement shall commence on the Effective Date and continue for a period of two (2) years therefrom (“Initial Term”), unless earlier terminated as specified in this Agreement. Prior to the expiration of the Initial Term and any subsequent Renewal Period, the Parties may mutually agree to extend the Term of this Agreement for up to two (2) additional two-year (2-year) terms to run consecutively (each a “Renewal Period”).
4. General Terms and Conditions. The Cannabis Business shall comply with all of the following terms and conditions for the Term of this Agreement:
A. This Agreement is only valid for the Cannabis Business at the Subject Property identified in this Agreement. An assignment of this Agreement or any interest herein by the Cannabis Business is not permitted unless consented to in advance in writing by the City, which consent may be conditioned, granted or withheld in City’s sole and absolute discretion.
B. The applicant shall apply for and receive approval for a final Cannabis Business Permit and all other required City permits, such as building permits, including receipt of a Certificate of Occupancy,prior to commencement of operations. i. Submission of Complete Tenant Improvement Plans: The applicant shall submit a complete submittal to the City Building Division for all applicable tenant improvements within three (3) months following the Effective Date of this agreement. The submission must include all necessary documentation, plans, and approvals required by the City to ensure compliance with applicable codes and regulations.
ii. Commencement of Construction: All construction related to the applicable building permits must commence within six (6) months of the Effective Date of this agreement. Failure to meet these timelines will result in the termination of the Operating Agreement.
C. Any conditions placed on the Cannabis Business Permit and the Conditional Use Permit are hereby incorporated as conditions of this Agreement. Violations of the Cannabis Business Permit, the Conditional Use Permit and/or applicable State Licenses shall be deemed violations of this Agreement and shall constitute a material breach of this Agreement.
D. The applicant shall commence operation of the cannabis business within 12 months of the approval date of the CUP consistent with Section 17.96.130 of the Woodland Municipal Code, or the City will withdraw the preliminary business permit award and this agreement shall be null and void.
E. The Cannabis Business shall obtain and maintain at all times a valid Cannabis Business Permit, Conditional Use Permit, and applicable State License(s) prior to and during operation of the Cannabis Business.
i. As soon as practicable, the Cannabis Business shall inform the City when it obtains its necessary State License(s), and shall provide a copy of the State
5 License(s) to the Community Development Director. The City shall cooperate with the Cannabis Business as appropriate and as needed to facilitate the State’s issuance of a State License(s) to the Cannabis Business. ii. The City shall diligently process the Cannabis Business’s applications for all City Permits. This Agreement does not commit the City in advance to approve the City Permits; nor does this Agreement constrain the City’s discretion to determine compliance with all requirements regarding issuance of any City Permits. Nothing in this Agreement relieves the Cannabis Business of the obligation to comply with all requirements and application procedures set forth in Chapter 5.28 and Section 17.84.120 of the Woodland Municipal Code.
F. The Cannabis Business understands, acknowledges and agrees to comply with all applicable then-existing state and local laws and regulations applicable to operation of the Cannabis Business, including Chapter 5.28 of the Woodland Municipal Code.
5. Operational Requirements. In addition to all operating requirements set forth in Article IV of Chapter 5.28 of the Woodland Municipal Code, the Cannabis Business shall comply with the following specific operational requirements:
A. The Cannabis Business shall immediately notify the City Police Department of any criminal activity, or suspected criminal activity, occurring at the Subject Property. In the event of any internal security system breach, including a faulty alarm system, broken or damaged surveillance cameras or other video recording equipment, or broken or damaged locks, doors, or lighting which may increase risk of criminal activity at the Subject Property, the Manager of the Cannabis Business shall notify the City Police Department as soon as practicable after becoming aware of the security system breach.
The Cannabis Business shall diligently attempt to fix or resolve any such security breach immediately; if circumstances require additional time and delay to remedy, the Cannabis Business shall so notify City police and provide an estimated timeline the breach will be cured.
B. If the Cannabis Business receives any criminal threats, or otherwise suspects any criminal targeting related to movement of product or cash from or to the Subject Property, the Cannabis Business shall immediately notify the City Police Department.
C. The City’s Chief of Police, or his or her designee, may perform site inspections of the Cannabis Business during hours of operation, upon reasonable notice. The scope of the inspection shall be to ensure compliance with all conditions on the Cannabis Business, including compliance with state rules and regulations, such as but not limited to, track and trace requirements, product storage, labeling, and disposal of product, as well as accounting, ledgers for distribution, and other records and operating procedures. Upon reasonable notice by the City, the Cannabis Business shall provide proof, including through visual observation and confirmation by City staff, of any storage, disposal or distribution of product as may be necessary to ensure business compliance. Should the City discover any evidence of falsification of records or other practices inconsistent with City or State requirements, the Cannabis Business shall, upon written notice from
6 the City, immediately cease and desist operations until such time that the issues have been resolved, to the satisfaction of the City, in accordance with state and local regulations.
6. Consideration. As consideration for the rights and benefits it enjoys under this Agreement, including its operation of approved cannabis uses in the City during the Term, the Cannabis Business shall do all of the following:
A. Tax Payment. The cannabis business shall pay the required ten (10%) percent tax as required per Woodland Municipal Code Chapter 3.36, Cannabis Business Tax. i. Monthly Payments shall be calculated per calendar month, due and payable on the 15th day of the subsequent calendar month in accordance with Woodland Municipal Code Section 3.36(B). By way of example only, a Monthly Payment for the month of September would be calculated from September 1 through September 30, due and payable on October 15. ii. If a Monthly Payment is not paid in full within fifteen (15) days after it is due and payable, penalties and interest shall accrue as set forth in Woodland Municipal Code Section 3.36.100.
iii. Monthly Payments shall be made to the City’s Finance Department. In the event the Cannabis Business intends to pay a Monthly Payment in cash in an amount that exceeds $5,000, the Cannabis Business shall notify the City in advance to make prior arrangements.
iv. Accompanying the Monthly Payment, the Cannabis Business shall deliver to the City a report (“the Monthly Report”) showing (1) Gross Receipts of the Cannabis Business for the immediate prior month; 2) a cumulative total of all amounts of Gross Receipts received by the Cannabis Business to date for the calendar year, (3) a calculation of the Monthly Payment currently due to the City; and (4) a calculation of the cumulative total of all Monthly Payments made to the City to date for the calendar year.
B. Community Benefits Plan. Pursuant to Section 5.28.180 (A)(6)(b), Exhibit “B” to this agreement, Community Benefit Plan, which is attached hereto and incorporated into this Agreement by this reference, describes the benefits the cannabis business has provided or will provide to the local community including direct aid, participation in, and commitment to funding the work of local nonprofits, community, civic, or social service based organizations, as well as the development of public outreach and education program related to risks of youth and drugs, and any other agreed upon community benefit between the City and applicant. The Cannabis business shall comply with and implement that Community Benefit Plan as a requirement of this Agreement.
i. Each year, at the time of the annual Cannabis Business Permit review, the Cannabis business shall submit a Community Benefits Plan Summary Report in which all activities in support of local community organizations
7 or events as outlined in the Community Benefit Plan (Exhibit “B”), including the Community Benefit Payment, shall be identified, including the community service hours provided by the cannabis business (inclusive of staff service volunteer hours) in the year, and the Cannabis Business shall provide to City or its designee all appropriate receipts, payment verification and any other documentation requested by City as deemed necessary by City in its discretion to verify the Cannabis business’s compliance with the Community Benefit Plan.
C. Social Policy and Local Enterprise Plan. Pursuant to Section 5.28.180(A)(6)(c), Exhibit “C” to this Agreement describes the Cannabis Business’s Social Policy and Local Enterprise Plan.
i. Each year, at the time of the annual Cannabis Business Permit review, the Cannabis Business shall submit an updated Social Responsibility and Local Enterprise Plan in which the employee benefits, workforce development actions, local hiring practices, and minimum employee wage paid are identified for the prior year.
i. Minimum agreed upon hourly wage (living wage). The Cannabis Business hereby agrees to provide a minimum hourly working wage in the amount of $29.44 for remainder of the calendar year following the Effective Date of this Agreement. The minimum wage paid by the Cannabis Business shall increase each January of the year following the Effective Date of the agreement based on the Living Wage calculator set forth at https://livingwage.mit.edu.
D. Cannabis Business agrees to abide by the requirements of Chapter 5.28 of the Woodland Municipal Code and any other operating terms and conditions as mutually agreed by the parties to ensure that the social policy and local enterprise plan commitments and community benefits derived from the proposed cannabis business adequately address potential adverse impacts stemming from the operation of the Cannabis Business.
E. Records. The Cannabis Business shall keep accurate and adequate records and documentation to reflect its monthly gross receipts and information concerning required payments. Pursuant to section 5.28.340 of the Woodland Municipal Code, the Cannabis Business shall maintain all such records for at least three (3) years, and shall produce those records to the City within 24 hours after receipt of the City’s request.
7. Termination. The City and/or Cannabis Business may terminate this Agreement prior to expiration of the Term for the reasons and subject to the requirements set forth below. The Cannabis Business understands and acknowledges that the right to operate the Cannabis Business is expressly contingent on full execution of an Operating Agreement, as required by section
5.28.180(A)(9) of the Woodland Municipal Code. As such, termination of this Agreement shall
8 result in the immediate termination of the Cannabis Business’s operations, unless and until a new Operating Agreement is executed by the Parties
A. City’s Termination Rights. Without prejudice to its other remedies at law or in equity, the City may terminate this Agreement, at any time and in its sole discretion, effective thirty (30) days after the City provides written notice of termination to the Cannabis Business, if any of the following circumstances occurs:
i. The Cannabis Business breaches its obligation to pay the Monthly Payments of the Cannabis business tax when due and fails to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of default.
ii. The Cannabis Business breaches its obligation to perform in accordance with any material provision of this Agreement, other than the obligation to pay the Monthly Payment, and: (A) does not cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach or, if the breach cannot reasonably be cured within 30 days, (B) does not begin work to cure the breach within thirty (30) days after the City provides the Cannabis Business with a written notice of breach. The Parties may mutually agree in writing to extend the time period to cure the breach. The express designation in this Agreement of a provision as “material” does not imply that other provisions are not material.
iii. The Cannabis Business fails to obtain and maintain at all times prior to and during operation of the Cannabis Business a valid Cannabis Business Permit and State License(s), or violates any condition of approval of the Conditional Use Permit.
iv. The uses and business activities of the Cannabis Business are declared unlawful by order of Court, or become illegal by operation of State law.
B. Cannabis Business’s Termination Rights. The Cannabis Business may, at any time and in its sole discretion, effective thirty (30) days after the Cannabis Business provides written notice of termination to the City, may terminate this Agreement if the Cannabis Business has permanently ceased operations, or intends to cease operations within thirty (30) days, in the City of Woodland.
8. Release & Indemnification. The Cannabis Business shall release and hold harmless the City, its agents, officers, elected officials, staff and employees (collectively, “City Parties”) from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of Chapter 5.28 of the Woodland Municipal Code, or any provision of the Zoning Code relating to the Cannabis Business, and (ii) any arrest or prosecution of the Cannabis Business or its owners, Managers, staff, employees, or members for violation of state or federal laws. The Cannabis Business shall further defend, indemnify and hold harmless the City Parties from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from or related to the
9 Cannabis Business operations at the Subject Property, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind, including bodily injury, death or property damage, arising out of the distribution of cannabis or cannabis products at the Subject Property. The obligations in this Section 8 Release & Indemnification shall survive any expiration or termination of this Agreement.
9. Insurance.
A. Time for Compliance. The Cannabis Business shall not begin operations until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall constitute a material breach of this Agreement.
B. Types of Required Coverages. Without limiting the indemnity provisions of this Agreement, the Cannabis Business shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance:
i. Commercial General Liability. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
ii. Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident. iii. Workers’ Compensation. Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
C. Endorsements.
i. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability shall be endorsed to provide the following:
a. Additional Insured. The City’s indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising
10 out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.
b. Primary Insurance and Non-Contributing Insurance. This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.
c. Severability. In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
d. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.
e. Duties. Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.
f. Applicability. That the coverage provided therein shall apply to the obligations assumed by the Cannabis Business under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
ii. The policy or policies of insurance required by this section for Workers’ Compensation shall be endorsed, as follows:
a. Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City’s indemnified parties. b. Cancellation. The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.
D. Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City’s indemnified parties in the same manner and to the
11 same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
E. Evidence of Insurance. The Cannabis Business shall, concurrently with execution of this Agreement or as soon thereafter as may be authorized by the City, deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, the Cannabis Business shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
F. Failure to Maintain Coverage. The Cannabis Business agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
G. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
H. Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Cannabis Business’s policies, or the Cannabis Business shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured.
10. Notice. Any notice or other communication provided pursuant to this Agreement must be in writing and shall be considered properly given and effective only when mailed or delivered in the manner provided by this Section 11 to the persons identified below. A mailed notice or other communication shall be considered given and effective on the third day after it is deposited in the United States Mail (certified mail and return receipt requested). A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A Party may change its address for these purposes by giving written notice of the change to the other Party in the manner provided in this Section 11.
If to the City:
City of Woodland
City Manager’s Office
300 First Street
If to Cannabis Business:
12 Woodland, California 95695
Attention: Ken Hiatt
11. Force Majeure.
A. “Force Majeure Event” means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party’s reasonable control, including the elements (such as floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity (excluding the City) or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.
B. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either the City or Cannabis Business is prevented or delayed because of a Force Majeure Event, then the time for performance shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.
12. Waiver. A Party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party’s breach of this Agreement shall not constitute a waiver of any performance, right, or remedy. A Party’s waiver of the other Party’s breach of any provision in this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving Party.
13. Relationship of Parties. This Agreement does not create any employment relationship, ownership interest, or other association between the City and Cannabis Business. Nothing herein shall be construed to create the relationship of principal and agent, partnership or other joint venture between the City and Cannabis Business.
14. Attorneys’ Fees. The Party prevailing in any litigation concerning this Agreement, the Subject Property, or the Cannabis Business operations, shall be entitled to an award by the court of reasonable attorneys’ fees and litigation costs. If the City is the prevailing party, then this Section shall apply whether the City is represented in the litigation by the designated City Attorney or by outside counsel.
15. Severability. If a court with jurisdiction finds any provision of this Agreement to be invalid, void, or unenforceable, then the remaining provisions shall remain in full force and effect, and to this end this Agreement shall be severable.
16. Counterparts. The parties may execute this Agreement in counterparts, each of which shall constitute an original, but all of which shall collectively constitute this same Agreement.
17. Integration and Modification. This Agreement sets forth the Parties’ entire understanding and agreement regarding the matters addressed herein. This Agreement supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by written agreement signed by both Parties.
13 (Signature Page Follows)
IN WITNESS WHEREOF, the parties enter into this Agreement as of the date first set forth on this Agreement.
City of Woodland
By: _________________________
Ken Hiatt, City Manager
Dated: __________, 2024
Approved as to Form
Woodland City Attorney
By: ____________________________
Ethan Walsh, City Attorney
Cannabis Business:
Infinity Assets Woodland Inc. dba Yolo
Cannabis Club
By: _________________________
Dated: __________, 2024
By: _____________________
Dated: __________, 2024
EXHIBIT “A”
DESCRIPTION OF SUBJECT PROPERTY
The land referred to herein is situated in the State of California, County of Yolo, City of Woodland and described as follows:
Parcels 1, 2, 3, 4 and 5, as shown on Parcel Map No. 3628, filed February 29, 1988, in Book 9 of Parcel Maps, Page 3 and 4, Yolo County records.
Excepting therefrom all oil, gas, minerals and other hydrocarbon substances lying below a depth of 500 feet without the right of surface entry as described in deed recorded September 10, 1981, in Book 1490 of Official Records, Page 478.
APN: 065-010-033, 065-010-034, 065-010-035, 065-010-036, 065-010-037
EXHIBIT “B”
COMMUNITY BENEFIT PLAN
Community Benefit Payment
Yolo Cannabis will commit to contributing 2% of their annual business gross receipts per year to active 501(c)(3) non-profits active in the City of Woodland. Further, Yolo Cannabis Club commits to prioritizing funding towards such priority areas as public safety initiatives, youth education programs, drug addiction prevention and treatment, recreational and educational programs, and support for local artists and cultural initiatives.
Community Initiatives and Partnerships
Yolo Cannabis Club commits to focusing efforts on key areas including hunger, homelessness, education, youth development, and public services and commits to work with local organizations that are active in the City of Woodland.
Sponsorship of Community Events
Yolo Cannabis Club commits to sponsoring community events including the Woodland Chamber Holiday Parade, Woodland 4th of July celebration, Honey Festival, Yolo County Fair, and Dinner on Main Street.
Support for Youth Activities
Yolo Cannabis Club commits to providing support to local youth-focused programs, such as Brazilian Jiu-Jitsu at Caio Terra Academy Woodland, Woodland Police Activities League, Woodland Police Department's Youth Community Police Academy, Alvarez Boxing Club, Folklorico Latino de Woodland, Woodland Opera House, CASA - Yolo Court Appointed Special Advocates, Woodland Parks Foundation
Engagement with Local Business Groups
Yolo Cannabis Club commits to supporting local business groups including but not limited to Woodland Chamber of Commerce, Woodland Downtown Business Association, and Yolo County Farm Bureau.
Hosting Community Events
Yolo Cannabis Club commits to host community events including but not limited to an annual block party at Heritage Plaza, Bi-annual food truck events, and local events in support of the Woodland Police Activities League.
Youth Addiction Prevention and Education
Yolo Cannabis Club is committed to supporting efforts to prevent youth addiction through the following activities.
• Providing financial and volunteer support to organizations focused on youth addiction prevention and education.
• Developing and implementing educational programs that outline the risks of youth cannabis addiction.
• Partnering with local youth organizations and schools to deliver these educational programs.
• Collaborating with the Yolo County Department of Health and Human Services on initiatives like Friday Night Live (FNL).
• Supporting Woodland Memorial Hospital’s Family Engagement & Wellness Initiative.
Employee Volunteer Program
Yolo Cannabis Club is committed to developing an Employee Volunteer program that includes the commitment to provide all employees with four paid volunteer hours per month, the commitment to developing quarterly calendars showcasing local volunteer opportunities, and the commitment to partnering with local organizations to create a diverse range of volunteer options.
Additional Community Support Programs
Yolo Cannabis Club is committed to supporting the City of Woodland community through:
• Hosting quarterly public education seminars at Woodland’s senior care facilities and retirement communities, with a focus on educating the elderly about cannabis issues, products, and safe, legal usage.
• Offering discounts for seniors and military veterans. • Providing free medicine weekly to eligible medical patients facing physical disabilities or debilitating illnesses.
• Partnering with organizations like Root & Rebound to fund and support expungement clinics in Woodland
• Helping individuals navigate legal barriers related to past convictions. • Maintaining active membership with the Woodland Chamber of Commerce and working with local, diverse businesses and contractors for various services and supplies. • Covering the costs of continuing education and training for employees, and offering support for those pursuing adult education courses.
• Implementing an apprenticeship program to create more opportunities for career advancement for employees.
EXHIBIT “C”
SOCIAL POLICY AND LOCAL ENTERPRISE PLAN
Local Hiring and Employment Practices
Yolo Cannabis Club is committed to establishing responsible hiring practices that focus on local and diverse talent. Yolo Cannabis Club’s commitments include:
• Hiring at least 80% of staff from Yolo County including hiring at least 50% from the City of Woodland.
• Implementing a Diversity and Inclusion Plan that prioritizes hiring individuals from disproportionately impacted communities.
• Hosting career fairs within 90 days of license issuance to recruit local talent. • Partnering with local educational institutions, including Woodland Community College, for recruitment and educational programs.
Employee Wages and Compensation
Yolo Cannabis Club is committed to providing fair compensation to its employees. Yolo Cannabis Club’s commitments include:
• Setting a minimum wage at 115% of the MIT Estimated Living Wage for Yolo County or 150% of the California minimum wage, whichever is higher. • Regularly reassessing the wage structure to ensure it stays aligned with the cost of living and local economic conditions.
Continuing Education
Yolo Cannabis Club is committed to investing in employee growth and development through ongoing training and education programs. These programs cover aspects of cannabis retail operations, including customer service, compliance, security protocols, and product knowledge.
Employees will have access to both internal training sessions and external educational opportunities.
Employee Engagement and Retention
Yolo Cannabis Club is committed to implementing employee engagement strategies, including regular feedback sessions, employee recognition programs, and opportunities for career advancement.
Commitment to Social Responsibility
Yolo Cannabis Club is committed to implementing sustainable business practices to minimize environmental impact. This includes energy-efficient operations, waste reduction, and the use of eco-friendly products.
Community Relations and Compatibility
Yolo Cannabis Club is committed to establishing open lines of communication with residents and businesses near its dispensary. Additionally, Yolo Cannabis Club is committed to having a community liaison who will address concerns and ensure operations are compatible with the neighborhood. Yolo Cannabis Club is also committed to conducting regular community meetings and updates to inform the public about its initiatives and changes in operations.
Support for Local Enterprises
Yolo Cannabis Club is committed to sourcing products and services from local vendors whenever possible and is committed to fostering partnerships with local enterprises to support economic growth and community development.
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NEIGHBORHOOD COMPATIBILITY AND COMMUNITY RELATIONS PLAN
SUMMARY
Introduction: Yolo Cannabis Club is dedicated to maintaining strong, positive relationships with the Woodland community and ensuring our operations are compatible with the neighborhood. This Community Relations and Neighborhood Compatibility Plan outlines our strategies for managing potential impacts, engaging with the community, and promoting a harmonious coexistence with our neighbors.
Policies to Prevent Negative Impacts
YOLO will address the unique challenges of operating a successful cannabis business with neighborhood compatibility in mind. A primary goal of our operations is to minimize or eliminate any nuisance caused to those living or operating businesses near our facility. YOLO's management style focuses on community engagement, listening to, and fostering collaboration with community stakeholders.
1. Noise Control: All activities within the dispensary will be conducted in a manner that minimizes noise. We will use soundproofing materials in construction and ensure that any noise-generating equipment operates within acceptable noise levels. (Neighborhood Compatibility Plan, Page 111)
2. Odor Control: We will install advanced HVAC systems with activated carbon filters and HEPA filters to ensure no cannabis odors escape the facility. Regular maintenance and monitoring will be conducted to maintain system efficacy. (Odor Control Plan, Neighborhood Compatibility Plan, Page 114)
3. Light Management: Exterior lighting will be designed to provide adequate security without causing light pollution. Motion sensors and directional lighting will be used to minimize the impact on neighboring properties. (Lighting Plan, Neighborhood Compatibility Plan, Page 114)
4. Traffic and Parking: We will design our parking and traffic flow to minimize disruption. Adequate parking will be provided on-site, and we will coordinate with local authorities to ensure that traffic impacts are managed effectively. (Development Plans, Neighborhood Compatibility Plan, Pages 111-119)
5. Litter Control: Regular clean-up efforts will be conducted around the dispensary premises. Waste management practices will include proper disposal and recycling of waste materials to ensure cleanliness and environmental responsibility. (Neighborhood Compatibility Plan, Page 111)
6. Trash: Employees will be required to sign a Trash Cleanup Log, verifying the premises are inspected for trash no less than every two hours during operational hours. Employees wearing gloves will walk the property and its perimeter to dispose of any trash or recyclables to ensure the premises are litter-free and clean. (Neighborhood Compatibility Plan, Page 96)
7. Loitering and Public Consumption: Security personnel will patrol the outside parking areas and the perimeter of the building, enforcing the rules against both loitering and onsite consumption. Signs will be posted visible near the entrance notifying all
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individuals that smoking, ingesting, or consuming cannabis in any form on or near the premises is strictly prohibited. Any nuisance will be promptly reported to local authorities. (Neighborhood Compatibility Plan, Page 96-97)
8. Security Program and Procedures: YOLO will employ professional, friendly, and helpful Security Guards who will monitor the exterior and interior premises. YOLO will also invest in state-of-the-art cameras and monitoring systems to aid in securing the area.
The premises will be well lit after sunset, and vegetation and foliage will be regularly maintained to ensure security camera visibility is not blocked. (Neighborhood Compatibility Plan, Page 97)
9. Late Night Activity: YOLO will adhere to all state and local regulations, which require cannabis retailers to close at 9:00 PM, thereby eliminating any late-night activity or noise. YOLO will not allow customers into the store past 8:45 PM, allowing customers to make final purchases and doors to be closed by 9:00 PM. (Neighborhood Compatibility Plan, Page 97)
10. Signage: YOLO will not display anything on business signage that contains any logos or information that identifies, advertises, or lists the services or products offered inside.
Signage will never be directly illuminated, internally or externally, and will be affixed to the building. YOLO will never advertise the business through mobile means or place signs that obstruct any entrance or exit to the building. (Neighborhood Compatibility Plan, Page 97)
11. Odor Emanation: Given this is a cannabis retail business model, there will be no cultivation, manufacturing, or production of cannabis onsite. Cannabis retailers do not typically experience odor-related challenges. YOLO will install a reputable, strategically placed and well-maintained HVAC system with appropriate filtration features to ensure odors are not emitted outside of the dispensary. (Neighborhood Compatibility Plan, Page 97; Business Plan Page 43)
12. Parking and Vehicle Visibility: The proposed location is in the Westgate Shopping Center with 517 parking stalls, ensuring YOLO will not create a significant impact. (Neighborhood Compatibility Plan, Pages 97)
13. Facility Maintenance Plan: YOLO will implement SOPs for regular cleaning and documentation to ensure clean sanitary conditions within and surrounding the facility.
This includes contracting with local landscapers to maintain the external areas and landscape as needed. (Neighborhood Compatibility Plan, Page 97)
14. Promoting Safety and Security: Guided by the Security Manager and third-party security professionals, YOLO has developed an integrated Security Plan incorporating security measures and enhancements to protect customers, the YOLO team, and the greater community of Woodland. (Neighborhood Compatibility Plan, Page 97)
15. Security Equipment: Security equipment will survey the exterior and retail areas of the facility. Surveillance cameras and other security measures will be installed in an inconspicuous and tamper-proof manner while still providing coverage of the entire facility. (Neighborhood Compatibility Plan, Page 97-98)
16. Presence of Security Guards: Professionally outfitted security personnel will greet customers in the lobby and will be trained to provide customer service typical of a highend retail establishment in addition to their security duties. Guards will coordinate with the receptionist to open the dispensary door for each customer entering the entry
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vestibule and will constantly monitor for security threats. (Neighborhood Compatibility Plan, Page 98)
17. Duress Alarms: Emergency switches for duress alarms will be installed beneath the reception desk and cash registers, as well as inside the secured storage, completely out of customer sight, but accessible to employees who will be thoroughly trained to operate the duress alarm in the event of a security threat. (Neighborhood Compatibility Plan, Page 98)
18. Nondescript Delivery Vehicles: YOLO will offer delivery services to customers throughout the region. Delivery vehicles will be equipped with extensive security equipment and features to protect delivery agents. The vehicles will be nondescript, free of YOLO’s logo or any other recognizable images or text indicating the vehicle is carrying cannabis and cannabis products. (Neighborhood Compatibility Plan, Page 98) Operational Standards: Our experience in establishing and operating cannabis businesses throughout Northern California enables us to create policies and operational standards ensuring full compliance with City of Woodland regulations. We will operate a dispensary that will not disrupt or negatively impact the existing community in any way. Strict rules and regulations for both staff and customers, as well as general organizational policies that promote excellent community relations, will ensure that we seamlessly fit into the existing culture, aesthetics, and expectations of our surrounding community. (Evaluation Criteria Final, Page 98) Good Neighbor Policy: YOLO has a responsibility to be the best neighbors we can be. We fully commit to always being nice, friendly, respectful, and caring of our neighbors. It is important for us to have a great relationship with those in our community, including our neighbors, the city, and law enforcement. We expect our patrons and staff to be courteous and respectful in their interactions with those in our neighborhood. We will communicate the following to our patrons and staff through branded material:
• Be mindful of where you park.
• Always turn down your music and use low voices when entering or leaving the retail area.
• Never park illegally on the streets surrounding the business or in spaces not intended for the business’s use.
• If you are having trouble finding appropriate parking, please ask our friendly staff for help.
• We always want you to feel safe at YOLO; if you need an escort to your vehicle, just let our staff know.
• Report any suspicious or illegal activity.
Being a good neighbor will help us to have a good relationship with our community and be able to serve your needs for years to come. (Evaluation Criteria Final, Page 98) Woodland Chamber of Commerce: As a member of the Chamber that serves each municipality we operate in, YOLO will establish working relationships with Chamber representatives and fellow members. By hosting Chamber “after-hours” events and other Chamber-affiliated programming, YOLO can become actively contributing participants to foster
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positive growth in the Woodland business community. We will also have regular open forums where neighbors will be able to express any concerns and ask any questions they may have about our business. (Evaluation Criteria Final, Page 99)
Security Standards: Safety for patrons and the community is a top priority at our cannabis businesses. Well-run cannabis businesses adopt a security culture to ensure safety. Our security standards are a set of practices and strategies that work together to maintain community standards. (Evaluation Criteria Final, Page 99)
To foster the security standards at YOLO, we have appointed owner Chris Hester as the Security Manager. He will report directly to the rest of the Executive team and be responsible for overseeing physical site security, the security and functionality of all equipment, information, and products, and the safety of all personnel. The Security Manager will:
• Scope, assess, develop, direct, and monitor the implementation of security systems. • Coordinate maintenance and inspections of security equipment. • Maintain up-to-date and accurate records pertaining to all security measures. • Train and supervise YOLO’s third-party security personnel. • Maintain a safe and secure environment for staff and customers by monitoring the premises and personnel, assessing threats, and responding to any issues appropriately. • Oversee all activities related to the availability, integrity, privacy, and security of customer, employee, and business information.
Security Culture:
• Employing professional, trained security personnel.
• Staying alert to detect problems before they occur.
• Mitigating the traffic should it occur.
• Educating patrons to ensure they know the rules.
• Implementing policies to prevent diversion.
• Restricting access to the facility to authorized persons. • Using appropriate security technology and equipment to monitor and secure the facility. • Maintaining communication with local law enforcement. • Training staff to prevent and respond to emergencies. • Yearly safety and security staff training from local police and fire departments. • Educating staff and members as to their rights and responsibilities under the law.
Individually, these elements help make a business safer. Taken together, they provide a comprehensive safety strategy that makes a well-run business one of the best and most secure neighbors in any given community. Our plan for comprehensive security and careful customer screening serves to protect neighborhoods from crime in general. (Evaluation Criteria Final, Page 99-100)
Anticipated Impact on Local Services: We do not anticipate that our business will require services or resources from local law enforcement, fire, or medical emergency services that exceed the needs of any other licensed business in the Woodland community. Our facility will
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surpass expectations for security. We anticipate that our security presence and the cleaning up of the area around our facility will reduce the need for local police and public safety services by deterring bad behaviors before they happen. We look forward to improving the area through providing security and resources for the improvement of the surrounding business community. (Evaluation Criteria Final, Page 100)
Conclusion: Yolo Cannabis Club is committed to ensuring that our operations do not negatively impact the Woodland community. By implementing comprehensive nuisance prevention measures, we aim to create a safe, secure, and harmonious environment for our neighbors. Our dedication to community engagement, compliance, and responsible business practices will ensure that Yolo Cannabis Club is a valued and respected member of the Woodland community.
Community Outreach & Engagement
Community Outreach and Engagement: Yolo Cannabis Club is committed to ongoing engagement with the Woodland community. Our outreach strategy includes:
• Community Liaison: YOLO appointed the Community Liaison, Woodland resident Joe Romero, to serve as YOLO’s primary point of contact for all matters related to community engagement, including preventative and proactive complaint response. The dispensary’s community relations phone number and email address – each of which forwards directly to Joe Romero’s phone and email – will be visible on YOLO’s website, in all neighborhood-related communications, on the exterior of the dispensary’s front door, and in all other places required by the City Manager and/or by the law. Joe Romero will check email and voicemail at least twice a day to ensure receipt of any comments or complaints from the community and will promptly respond to those comments within 24- 48 business hours (Neighborhood Compatibility Plan, Page 94) YOLO also appointed an Alternate Community Relations Contact, General Manager Phong Tran, to ensure seamless communication and rapid response in the event Joe Romero is unavailable. (Neighborhood Compatibility Plan, Page 94)
• Regular Meetings: We will host regular community meetings to update residents and businesses on our operations, listen to feedback, and discuss any concerns. These meetings will provide a platform for transparent communication and collaboration. (Neighborhood Compatibility Plan, Page 95-96)
• Communication Channels: Multiple communication channels, including a dedicated hotline, email address, and social media accounts, will be established to facilitate easy and open communication with the community. (Neighborhood Compatibility Plan, Page 95)
• Public Reports: We will provide regular reports on our community benefit activities, compliance with regulations, and any changes in operations. These reports will be available on our website and at our community meetings. (Neighborhood Compatibility Plan, Page 95)
Managing Community Complaints: We have developed a structured process for managing and responding to community complaints: (Neighborhood Compatibility Plan, Page 94-95; Business Plan Page 43)
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• Complaint Intake: All complaints will be documented, whether received through our hotline, email, social media, or in person. The community liaison will ensure all complaints are logged and tracked.
• Investigation and Response: Each complaint will be investigated promptly. The community liaison will coordinate with relevant departments to address the issue and implement corrective actions if necessary.
• Follow-Up: After addressing a complaint, we will follow up with the complainant to ensure their concerns have been resolved satisfactorily. This follow-up will be documented to maintain accountability.
Community Benefits and Contributions: Yolo Cannabis Club is dedicated to making meaningful contributions to the Woodland community. Our initiatives include:
• Volunteer Services and Donations: Actively participating in community service projects and providing financial support to local non-profits and community organizations. (Community Benefit Plan, Pages 111-112)
• Educational Programs: Hosting workshops and seminars on cannabis safety, usage, and benefits to educate the community. (Community Benefit Plan, Pages 109-110) • Economic Support: Prioritizing local hiring and sourcing products and services from local businesses to boost the local economy. (Community Benefit Plan, Pages 105-106) Emergency Preparedness: We will work closely with local law enforcement and emergency services to ensure our operations are prepared for emergencies. This includes:
• Security Measures: Implementing comprehensive security protocols to prevent and respond to incidents. (Security Plan)
• Emergency Drills: Conducting regular emergency drills with our staff to ensure they are prepared to respond to various emergency scenarios. (Security Plan, Page 3) • Collaboration with Authorities: Maintaining open lines of communication with local authorities to coordinate emergency response efforts and share information about our security measures. (Security Plan, Page 12)
Environmental Responsibility: Our commitment to environmental sustainability includes:
• Energy Efficiency: Implementing energy-efficient practices and technologies to minimize our environmental footprint. (Energy Efficiency Plan) • Waste Management: Adopting comprehensive recycling and waste reduction programs to minimize our impact on the local environment. (Business Plan, Page 31-35) Conclusion: The Community Relations and Neighborhood Compatibility Plan for Yolo Cannabis Club demonstrates our commitment to being a responsible and considerate neighbor.
By implementing measures to prevent nuisances, engaging proactively with the community, managing complaints effectively, and contributing to local initiatives, we aim to ensure a positive and harmonious relationship with the Woodland community. Our dedication to transparency, sustainability, and community involvement underscores our mission to operate as a trusted and valued member of the neighborhood.
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ODOR CONTROL PLAN
AIR QUALITY / ODOR CONTROL
YOLO understands the importance of controlling odors that could emanate from the dispensary, potentially impacting neighboring businesses or the surrounding residents and community. To prevent this, YOLO has developed SOPs in compliance with WMC § 5.28.180(5) and will implement a comprehensive Air Filtration and Odor Mitigation Plan, which includes the use of technology to control and neutralize odor and mitigation best practices, summarized herein. The dispensary will feature an activated carbon air filtration system for effective mitigation of discernable odors emitted during the normal course of operations. YOLO will also ensure the system creates negative air pressure between the commercial cannabis businesses interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. As such, this system will be designed to control and prevent the emission of odors beyond the interior of the dispensary.
IDENTIFICATION OF POTENTIAL ODOR SOURCES
Cannabis Products: Any cannabis product stored in the dispensary can contribute to a perceived nuisance odor when it is exposed to air. Cannabis products may have their containers opened any time a customer requests to see a sample when in the Sales Area, if products are being reconciled and audited and need to be weighed, or if the Inventory Manager is verifying product integrity by way of visual inspection. All of these instances will only be performed within the confines of the dispensary premises, and YOLO is confident the Odor Control Plan described within this section will be adequate to stymie odor.
Cannabis Waste: YOLO recognizes cannabis waste destruction and disposal events may generate nuisance cannabis odor. When cannabis goods are removed from their packaging or containers just before being rendered unusable, there is an opportunity for odor to emit into the dispensary. Once removed from its package, the cannabis is ground down into smaller pieces, agitating the product, which may further create odors that are considered a nuisance. Finally, odors can occur when the mixed waste is added to a secure receptacle prior to being hauled away. In an effort to mitigate odor from all three (3) stages of the destruction process, and as described below in greater detail, cannabis goods will only be removed from packaging and ground in a separate Waste Destruction Area. During this process, the doors will be closed to prevent odor from escaping and to enable the odor control devices operating in the facility to remove any odors from the air. Once a final waste mixture is ready for disposal, it will be sealed in an odor-limiting trash bag and locked in a secure receptacle, which has been proven to effectively stop odor from emanating from the receptacle.
ODOR CONTROL DEVICES AND TECHNIQUES
YOLO will design the retail space with dedicated entry and exit points to the facility. This will not only help prevent diversion between visitors to the dispensary; but will additionally allow us to control the airstreams flowing out of the dispensary. The atmosphere in the vestibule spaces will
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be scrubbed at a rate of once every three to five minutes to ensure that no marijuana odors escape the facility and are detectable outside the proposed facility. The facility will be equipped with state-of-the-art scrubbing and carbon filtering air circulation and ventilation system to minimize odor. Any odors emitted by the cannabis inside the facility will be eliminated prior to being exhausted from the building by this system. Odor shall not be detectable from the building exterior, or from the common areas such as walkways, hallways, foyers, and lobby areas.
Odor Control Devices
After careful analysis of Odor Control Plans and equipment implemented successfully in similar facilities across California, YOLO identified the M130 Vapor Phase Unit (M130 Unit) from OMI Industries, which, when used in combination with the Fresh Wave® IAQ odor eliminating solution, provides an effective means to eliminate odors within the facility and prevent its escape to the surrounding area. These odor control devices, when implemented and used with proper techniques, will ensure that odors from cannabis are not detectable beyond the licensed premises and are minimal within the premises.
The M130 Unit is a cost-effective, safe application to eliminate odors, which is achieved at the molecular level. The M130 Unit disburses sub-micron molecules of the odor eliminating solution into the surrounding air which allows the droplets to make contact with larger surface areas, effectively decreasing odors in the air, on furniture, and on other facility surfaces. The selected unit is commonly used in commercial applications to remove the toughest odors from smoke and soot to chemicals and fuel-related odors. The odor eliminating solution is environmentally friendly and contains no harmful volatile organic compounds (VOCs), alcohol or fragrances, earning it the Environmental Protection Agency’s Safer Choice recognition. Since this unit has such a proven, successful track record and because the technology prioritizes the safety of customers and employees, YOLO is confident in the M130’s ability to eliminate odors emanating from the facility.
YOLO will install an exhaust air filtration system utilizing High-Efficiency Particulate Air (HEPA) filters proven to filter at least 99.97% of all airborne particles as small as .3 microns, in combination with replaceable activated carbon filters for effective odor control. Should any lingering odors remain in the facility that are not scrubbed by the M130 Unit, this filtration system will serve as a final layer of protection and remove those odors and any airborne pollutants. This equipment will also create a negative air pressure system by coordinating the intake and exhaust systems accordingly.
Odor Mitigation & Filtration
While a dispensary may not emit as much odor as other cannabis businesses such as a cultivation or processing facility, mechanical intervention is necessary to mitigate odors and purify the air in order to prevent harmful pathogens. In accordance with the municipal regulation governing odor mitigation and air filtration, YOLO dispensary will be equipped with an activated carbon filtration system that will purify air and control odor emitted from general business operations. Odors will not be detected outside the building, from public rights-of-way, or on adjacent properties.
The main component of the air filtration and odor mitigation system is the configuration of a highly efficient activated carbon filtration system that works in conjunction with a highly efficient HVAC network. Activated carbon filtration is used to remove impurities from the air, which includes airborne molecules that produce odor. HVAC duct work will be strategically placed to direct air
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flow to the activated carbon filters in order to purify the air and mitigate odor within the center.
Adequate air movement and proper filtration will also mitigate the risk of pathogen development and fungal growth, such as mold and mildew.
YOLO is also ready to employ, if necessary, SAGE Industrial Corporation’s air purification system (Oxyion) for the continuous reduction of odor. Oxyion is approved and registered with the National Organic Program for use in organic agriculture. The air purification system provides odor control without chemical additives. The air purification system results in a significant reduction in the odor associated with cannabis. YOLO may also utilize Benzaco Scientific’s technology, if necessary, which includes deploying Odor- Armor 420 into the air to intercept and treat any odors on the exterior of the building. Odor- Armor 420 is an odor neutralizer that chemically eliminates odors. Instead of acting as a masking agent that simply overpowers the odor by adding a different odor, it eliminates odor.
Operating Techniques
Employees at the dispensary will be trained to recognize and address any actions that may increase the emission of odor within the facility including ensuring that points of ingress or egress remain securely closed when not in use. Doors shall not be propped open, and secured doors are not only vital for maintaining a secure, limited- and restricted-access facility, but also as a means of controlling the spread and permeation of odor. Upholding the maintenance of all air filtration and odor mitigation units, especially conducting filter changes, will greatly improve the efficacy of the system. Dispensary employees will be thoroughly instructed on the operational standards and maintenance needs of the air filtration and odor mitigation components. Per a predetermined maintenance schedule, and as needed after events that would warrant this action, all components of the air filtration and odor mitigation units will be cleaned and sanitized. At this time, filters used throughout the system will be observed for efficiency and cleanliness. The carbon filters will be changed in accordance with the manufacturer’s instructions, and a log will be kept detailing the maintenance completed on each component.
Odor Monitoring: The manager on duty shall assess the on-site and off-site odors daily for the potential release of objectionable odors. The manager on duty shall be responsible for assessing and documenting odor impacts on a daily basis.
Odor Mitigation: Should we receive notice that odor can be detected outside the facility we will take the following actions immediately: Investigate the source of the odor; Utilize on site management practices to resolve the odor issue; Take steps to reduce the source of objectionable odors; and, Document the event for further operational review. If employees are not able to take steps to reduce the odor-generating source, they will immediately notify the Retail Manager, who will then notify the Security and Facilities Directors. All communication shall be documented, and the team shall create a proper solution, if applicable. If necessary, we will retain an engineer to review the problem and make recommendations for corrective action.
Addressing Complaints
YOLO is invested in becoming a compatible and welcomed member of the surrounding neighborhood and the city of Woodland. In the interest of fostering great relationships with neighbors and the community, YOLO will implement an anonymous comment system whereby individuals can share their questions or concerns directly with dispensary management. If a complaint is received regarding the emission or detection of odor, YOLO will immediately assess, address, and respond to the complaint.
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Sanitation and Maintenance
A clean and orderly dispensary will be maintained to preserve aesthetics and prevent pests and other sources of contamination. Countertops will be cleaned, and floors swept daily, with a deep clean and sterilization of the entire dispensary occurring at least once monthly. Points of ingress or egress will be kept securely closed to limit exposure of pests and airborne pathogens within the dispensary. Open points of access not only allow for pest or pathogen contamination, but also pose a security risk. Cannabis and derivative products will be kept in closed, secure containers within secure storage or the sales floor, mitigating open exposure which may attract pests or allow for contamination.
Employees will adhere to strict sanitary procedures and personal hygienic practices, including cleaning their shoes upon entering the dispensary, which helps prevent the transfer of pests or debris. Waste or open and exposed food will be contained to designated areas with a conscious effort by employees to restrict the introduction of pests or pathogen development. Open food and liquid containers will be prohibited in areas outside of the designated break room. Cabinets, refrigerators, and microwaves will be cleaned weekly to prevent against food spoilage or pest attraction to exposed food and food waste. Food waste and other debris will be collected at the end of each day and locked in waste disposal bins away from product storage or display areas. Waste in the distinguished bins will be removed often to deter settlement of pests, pathogens, or odor. To accommodate and sustain operational efficacy, the plumbing and electrical systems will comply with state and local regulations and be maintained in proper working order.
Summary. Through the implementation of a highly secure and compartmentalized dispensary design, YOLO will be able to adequately control the odor emitted during general business operations. Securely closing doors and points of ingress will manage the spread and permeation of odor, reduce contamination, and maintain the negative air pressure needed to control the flow of odor molecules. Plant material and product containment will naturally mitigate odor by reducing the amount of exposed cannabis within the dispensary. Well-maintained equipment in the form of activated carbon filtration and strategically placed HVAC components will act as mechanical intervention in the process of mitigating odors. As a final measure, YOLO will continue to assess odor emissions and analyze the efficacy of the odor mitigation efforts, ensuring that cannabis odor does not extend beyond the interior of the dispensary.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: October 15, 2024
ITEM #: J.13
SUBJECT: Amendments and Additions to the Woodland
Municipal Code Relating to Camping Within the City
Limits
Recommendation for Action: Staff recommends that the City Council introduce and waive the first reading of an Ordinance amending sections 9.48.030 and 9.48.050 and adding sections 9.48.060 through 9.48.090 to the Woodland Municipal Code relating to camping within the city limits.
Staff Contact:
Dallas Hyde, Deputy Chief of Police, (530) 661-7868 [email protected] Background:
The City of Woodland recognizes the escalating homelessness crisis impacting both the state and the local community. Governor Newsom's Executive Order N-1-24 underscores the urgency of addressing the thousands living unsheltered across the state, including those in trailers, tents, and vehicles. Responding to the Governor’s call for local initiatives to manage homelessness and encampments, the City Council proposes amendments to the Woodland Municipal Code to enhance the management of camping within city limits.
The current Woodland Municipal Code does not adequately address the comprehensive challenges posed by unlawful camping on both public and private properties within the City. This has resulted in unsafe and unsanitary conditions on city streets, sidewalks, and other public rights of way, compromising public safety and community well-being.
The proposed ordinance amends Sections 9.48.030 and 9.48.050 and introduces new Sections
9.48.060 through 9.48.090. These changes aim to clarify and strengthen regulations on camping, impoundment of personal property, and the use of public spaces, ensuring clean, safe, and accessible environments for all city residents and visitors.
Discussion:
In an effort to address the comprehensive challenges posed by unlawful camping on both public and private properties within the City, amendments and additions to the current Woodland Municipal Code are needed. These complex issues have resulted in unsafe and unsanitary conditions on city streets, sidewalks, and other public rights of way, compromising public safety and community wellbeing. These changes aim to provide more explicit legal guidelines that improve management and enforcement related to homelessness and public space utilization. Below is a detailed comparison of the proposed changes with the existing code provisions:
Current Provisions (Sections 9.48.030 and 9.48.050)
• Section 9.48.030: This section primarily addresses camping on public property. Under current law, camping is broadly prohibited on any city-owned property, including parks, streets, and other public areas, unless specific exceptions are provided by the Community Services Director.
• Section 9.48.050: Regulates open campfires, bonfires, and flames in public areas, strictly prohibiting them unless permitted by law or relevant permits are obtained.
Proposed Amendments and Additions
• Amendment to Section 9.48.030: The amendment clarifies the restrictions by explicitly stating it is unlawful to camp upon any public property during nighttime hours. The language is tightened to include a broader range of temporary and permanent shelters, ensuring no ambiguities remain regarding what constitutes camping.
• Amendment to Section 9.48.050: The amendment continues to enforce the prohibition of open fires but further emphasizes the illegality of maintaining such fires, reinforcing the conditions under which fires might be permitted.
Addition of Section 9.48.060 through 9.48.090
These new sections are significant additions aimed at addressing the storage of personal property in public spaces. The key provisions include:
• Section 9.48.060: Defines the illegality and public nuisance of storing personal property without permission on public or private property.
• Section 9.48.070: Establishes the authority of the Police Chief or their designee to impound stored personal property found in violation of Section 9.48.060. • Section 9.48.080: Outlines procedures for the storage of impounded personal property, including efforts to notify the property owner and the conditions under which property may be disposed of if unclaimed.
• Section 9.48.090: Classifies violations of any section within this chapter as misdemeanors, providing a clear legal consequence for non-compliance.
Implications of Changes:
The proposed amendments and additions provide clearer definitions and stricter enforcement mechanisms, enhancing the city's ability to maintain public safety and cleanliness. These changes reflect a responsive governance approach to community concerns about public health and safety while balancing the needs and rights of the homeless population. By clarifying legal language and creating new provisions for property storage and impoundment, these changes aim to prevent the misuse of public spaces and mitigate health risks associated with unregulated camping and property storage. This approach not only aligns with state directives but also addresses specific local challenges, demonstrating the city's proactive stance on managing its public spaces responsibly.
Conclusion:
Staff recommends that the City Council introduce and waive the first reading of an Ordinance amending sections 9.48.030 and 9.48.050 and adding sections 9.48.060 through 9.48.090 to the Woodland Municipal Code relating to camping within the city limits.
Attachments:
1. Proposed Ordinance - Camping within City Limits
82093.00001\42782448.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING SECTIONS 9.48.030 AND 9.48.050 AND ADDING SECTIONS 9.48.060 THROUGH 9.48.090 TO TITLE 9 OF THE WOODLAND MUNICIPAL CODE
RELATING TO CAMPING WITHIN THE CITY LIMITS
WHEREAS, the City of Woodland, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council desires to amend Sections 9.48.030 and 9.48.050 and add Sections 9.48.060 through 9.48.090 to the Woodland Municipal Code relating to Camping Within the City Limits; and
WHEREAS, the City is trying to address the act of unlawful camping on City owned public and private property; and
WHEREAS, Governor Newsom recognized in Executive Order N-1-24 that the State of California is experiencing a homelessness crisis, with thousands of persons living unsheltered in tents, trailers, and vehicles; and
WHEREAS, Governor Newsom emphasized his support for local governments’ ability to implement regulations to address homelessness and resolve encampments; and WHEREAS, the current Code does not adequately address the breadth of the issue; and WHEREAS, the City desires to keep City streets, sidewalks and other rights of way clean and safe for public use; and
WHEREAS, the amendments and additions to the Woodland Municipal Code which are enacted by the adoption of this Ordinance are described in the council agenda statement and staff report accompanying this Ordinance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Woodland does hereby ordain as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. Amendments to Section 9.48.030. Section 9.48.030 of the Woodland Municipal Code is hereby amended to read in full as follows (new language is underlined, and deletions are in strikeout):
§ 9.48.030 Camping on public property.
A. Except as may be permitted within parks by the Community Services Director, it is unlawful to camp upon any public property owned by the City, including, without
82093.00001\42782448.1
limitation, streets, easements, parks, dump sites, creek beds, electric utility substations, parking lots, corporation yards, and buildings, including the curtilage of buildings. No person shall set up upon any City property at any time during nighttime hours tents, shacks, house trailers, motor homes, campers, or any other temporary or permanent shelter for the purpose of camping, nor shall any person leave in any such place any movable structure or special vehicle to be used for the purpose of camping, such as a house trailer, tent, automobile, or the like. It is a violation of this section to set up provisions for the purpose of camping whether or not a full night is actually spent at the location. Violation of this section shall be charged as a misdemeanor.
B. It is unlawful for any person to obstruct, or otherwise interfere with the free passage of pedestrians or motorists from ingress and egress on any public street, sidewalk, alleyway, or other public property within the City by Camping or placing stored personal property thereon.
SECTION 3. Amendments to Section 9.48.050. Section 9.48.050 of the Woodland Municipal Code is hereby amended to read in full as follows (new language is underlined, and deletions are in strikeout):
§ 9.48.050 Campfires.
No person shall kindle or maintain an open campfire, or bonfire, or flame.
Nothing in this chapter shall be construed to permit fires otherwise prohibited by law or to negate the requirement for burning permits otherwise required by law.
SECTION 4. Addition of Section 9.48.060. Section 9.48.060 of the Woodland Municipal Code is hereby added to read in full as follows:
§ 9.48.060 Unlawful Storage of Personal Property on Public and Private Property It is unlawful and a public nuisance for any person to deposit, leave, or maintain stored personal property on public property or private property without the consent of the property owner.
Stored personal property left on public or private property in violation of this section may be impounded pursuant to the provisions of this chapter.
SECTION 5. Addition of Section 9.48.070. Section 9.48.070 of the Woodland Municipal Code is hereby added to read in full as follows:
§ 9.48.070 Impounding Stored Property
A. The Police Chief, or his or her designee, is authorized to impound stored personal property located on public property or private property pursuant to the provisions of this chapter.
The Police Chief is authorized to adopt written policies and procedures to implement provisions of this chapter. Nothing in this chapter shall be construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime.
82093.00001\42782448.1
B. Stored personal property may be impounded and disposed of without notice if there is a cause to reasonably believe that the stored property is:
1. Perishable;
2. Contaminated with feces, urine, or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded/abandoned
6. An immediate threat to public health or safety.
C. Actual notice shall be deemed provided by placing on or near the stored personal property a writing containing the following information:
1. Description of the stored personal property;
2. Location of the stored personal property;
3. Date and time of notice;
4. Notification that the stored personal property is done so in violation of section 9.48.060 of the Woodland Municipal Code and will be impounded by the City if the stored property is not removed within the compliance period of the notice.
D. Posted notice shall be deemed provided by erecting at least one sign in a conspicuous place providing notice that any stored personal property found in a described area may be removed, and impounded if not claimed and removed within the stated compliance period.
The sign shall provide contact information where a person may retrieve their personal property impounded.
E. After the notice period has expired, the stored personal property shall be deemed abandoned and may be impounded. Prior to impounding stored personal property, the City will provide notice in a conspicuous place at or near where the stored personal property was located with the following information:
1. A general description of the stored personal property;
2. The location of the stored personal property;
3. The date and time the notice was placed; and
4. A statement that the stored personal property has been impounded by the City and the process to re-claim.
82093.00001\42782448.1
SECTION 6. Addition of Section 9.48.080. Section 9.48.080 of the Woodland Municipal Code is hereby added to read in full as follows:
§ 9.48.080 Storage of Impounded Personal Property
A. Stored personal property that is impounded pursuant to this chapter shall be stored by the City for a period of 90 days. If the owner of the stored personal property is reasonably ascertainable, the Police Chief, or his or her designee, shall make best efforts to promptly notify the owner of the procedure to claim his or her personal property.
B. The Police Chief, or his or her designee, shall return the stored personal property to its owner upon presentation of satisfactory evidence of ownership.
C. In the event the stored personal property is not claimed within 90 days, it may be subject to disposition per Police Department policy.
SECTION 7. Addition of Section 9.48.090. Section 9.48.090 of the Woodland Municipal Code is hereby added to read in full as follows:
§ 9.48.090 Violations
Notwithstanding any other provision of this Code, any person in violation of any section of this chapter shall be guilty of a misdemeanor.
SECTION 8. California Environmental Quality Act (CEQA). The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
SECTION 9. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 10. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption
82093.00001\42782448.1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Woodland on this ____ day of , 20 [note that this date is the date of the second reading], by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tania Garcia-Cadena, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Lansburgh, CMC, City Clerk Ethan Walsh, City Attorney