Project Request
This Project proposes to add Non-Storefront Retail (Type 9) of ‘Cannabis Products’ and On-Site Consumption of ‘Cannabis Products’ to a project site presently developed with a a ‘Cannabis-Related Business (Microbusiness)’ within an existing structure approximately 63,655.32 square feet in size.
The requested uses would be in addition to the existing and approved cannabis activities on-site, including ‘Processing’, ‘Distribution’ and ‘Non-Volatile Manufacturing’. The applicant proposes to use existing indoor and outdoor facilities to facilitate the requested uses. Beyond limited landscaping, no permanent exterior building improvements or substantial tenant improvements are proposed. No other changes to the existing use permit are proposed. The project comprises the following main components:
- Retail sales exclusive to delivery, the premises will be closed to the public.
- Sale of on-site consumables limited to amounts consistent with personal possession and use limits allowed by Applicant staff.
- Two outside consumption areas, accessed by a pathway from the parking lot to authorized customers, well-ventilated and obscured by trees and proposed hedges.
- Two indoor consumption areas with controlled access, limited to non-smoke producing products and subject to air filtration if necessary.
- Alcohol and tobacco use is and would continue to be prohibited on the premises.
Background
On June 6, 2019, the Zoning Administrator approved Minor Use Permit (File No. 18-4173) to allow the operation of a cannabis ‘Processing’, ‘Distribution (Type 11)’ and ‘Non-Volatile Manufacturing (Type 6)’ facility at 1825 Airport Road. The facility itself was approved by the Planning Commission in 1995 for a manufacturing/industrial use, and previously housed the Mendocino Brewing Company.
Two previous amendments to the Use Permit were approved by the Zoning Administrator: 1) on February 18, 2020 (File No. 19-5062), allowing the expansion of use for storage and processing to ±15,000 sf within the southern portion of the building; and 2) on February 18, 2020 (File No. 19-5062), allowing the expansion of use for storage, drying and processing to ±9,990 sf into the northern portion of the existing building.
On April 5, 2023, the City Council voted 3-1 to adopt an ordinance amending various sections of Ukiah City Code to permit onsite consumption at cannabis dispensaries and microbusinesses featuring retail.
Since 2018, the State of California has allowed for on-site consumption where locally authorized. To facilitate on-site consumption of cannabis products on a non-event basis, a State Retail license is required from the Department of Cannabis Control (DCC), even if the primary undertaking is not commercial retail, but an associated activity, such as a cannabis manufacturer that wants to facilitate an on-site consumption area. As a Cannabis Microbusiness, Emerald Sun Manufacturing maintains licenses to operate as a Commercial Distributor, Cultivation Processor, and a Type 6 Manufacturer (Lic. No. C11-0000087-LIC, CCL19-0001190, and CDPH-10003158).
Pursuant to California Business and Professions Code Section 26200, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness per the following requirements:
- Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
- Cannabis consumption is not visible from any public place or non-age-restricted area.
- Sale or consumption of alcohol or tobacco is not allowed on the premises
