Item Number: 2 Meeting Date: April 11, 2024  Project Number: CCV-2023-22  TRINITY COUNTY PLANNING COMMISSION  STAFF REPORT  PROJECT TITLE: Initial Commercial Cannabis Cultivation Variance (CCL753)  APPLICANT: Chee Moua PROPERTY OWNER: Chee Moua  REPORT BY: Aida Tavakoli- -B Environmental Compliance Specialist, Cannabis Division & Steven  Swisley Environmental Compliance Specialist, Cannabis Division LOCATION: 510 Dirt Road, Hayfork (APN 014-440-044-000) ZONING DISTRICT: Rural Residential 10 Acre min (RR10)  Parcel Size: 2.43 Acres  ZONING OVERLAY DISTRICT(S): N/A  GENERAL PLAN DESIGNATION: Rural Residential-Low, Density (RR-L)  PROJECT DESCRIPTION: An initial commercial cannabis cultivation request of the Planning Commission to reduce the required 350-feet cultivation setback from a neighboring residential structure, pursuant to Trinity County Code Section 17.43.050A(8). The Project would operate up to 10,000 sf of mixed-light mature cannabis canopy cultivation composed of two (2) 30' by 80' greenhouses, two (2) 30' by 96' greenhouses, and a 30' by 82' greenhouse including 900 sf of immature canopy, and 440 sf of associated operational support buildings. Water for the Project would be provided from an existing permitted groundwater well. An onsite septic system would serve the Project's wastewater needs. The proposed cultivation area (and property) is accessed  via a short driveway that connects to Dirt Road.  Location Land Use North South East West  Zoning District Acre min (RR10) Acre min (RR10) Rural Residential 10 Acre min (RR10) Acre min (RR10)  General Plan Designation  Rural Residential Rural Residential Rural Residential Rural Residential  Rural Residential 10 Rural Residential-Low Density Rural Residential 10 Rural Residential-Low Density  (RR-L) (RR-L) (RR-L) (RR-L)  Rural Residential-Low Density  Rural Residential 10 Rural Residential-Low Density  Table 1: Surrounding Land Uses to Project Site  1IPage    Item Number: 2 Meeting Date: April 11, 2024  Project Number: CCV-2023-22  PROJECT EVALUATION:  Project Consistency with the Trinity County Zoning Code  Trinity County Code Chapter 17.43- Commercial Cannabis Cultivation Regulations Trinity County Code Section 1/.43.050 describes the locations and zoning districts where commercial cannabis is not allowed in the county. The Rural Residential zoning district is not listed as a location that restricts commercial cannabis cultivation activities. Within Section 17.43.050(A)8), there are parameters given for cultivation variances:  "For specialty cottage, specialty and small licenses cultivation shall not be allowed within three hundred fifty feet of a residential structure on any adjoining parcels. For medium licenses, cultivation shall not be allowed within five hundred feet of an adjacent property line. Applications for a variance from this provision will be considered by the Trinity County Planning Commission. After obtaining an initial variance, the planning director can issue The parameters for cultivation area are described in Section 17.43.010 where cultivation is defined as"... the planting, growing, harvesting, drying, or processing of cannabis plants or any The term variance used in this chapter "is defined as Trinity County Ordinance No. 315, Section As the license is for small (up to 10,000 sf) mixed-light cultivation, it is required to have all cultivation activity be at least 350-feet from a residential structure on any adjoined parcel, unless  ad director's use permit for subsequent years after an inspection."  part thereof." 31."  a variance is obtained. Site Inspections:  A site inspection was performed by Cannabis Division compliance staff on June 29, 2023 to ensure that the site plan and project description included in the Appendix C were accurately prepared. A completeness review was performed by Cannabis Division staff and determined to be complete on June 29, 2023. Both the site inspection and completeness review processes are designed to verify site and application compliance with Trinity County Code Chapter 17.43 Furthermore, in preparation for this staff report, an inspection was performed on March 22, 2024 by Environmental Compliance staff to verify the necessity of a CCV. The proposed mature cultivation area, which is the closest cultivation related element on the site, was measured approximately 179-feet from the residence on APN 014-440-052-000 (Attachment 2). Project Consistency with the General Plan and Community Plan The property is within a Rural Rosidontial (RR) land use designation. The General Plan  (Commercial Cannabis Cultivation Regulations).  describes these areas as the following:  2/Page    Item Number: 2 Meeting Date: April 11, 2024  Project Number: CCV-2023-22  "Rural Residential intends to describe location of rural type residential development. Minimal county services would be provided and, in general, are not desirable in this area. Densities are designed to ensuret the long-term opportunity fori individual water and sewer systems. High density will be on dwelling unit per acre or larger as determined the county sanitarian and the Regional Water Quality Control Board to allow the use of both individual water and sewer systems on the same parcel. Low density will be on dwelling unit per ten acres. This is to allow limited residential development in outlying areas of the county where minimal impacts are desirable and the overall character of the landscape as well as potential for opens space, recreation, or resource production is to be preserved. Special attention should be directed toward the protection of sensitive environmental resources such as water quality, unstable slopes, critical wildlife habitat, etc. This designation should not be construed as discouraging resource production activities, such as logging or grazing. This description should also provide for small home businesses, for small- scale agriculture, and for small industrial operations, subject to controls to prevent nuisances (County, Trinity County General Plan, Land Use Element, 1988) (County, Douglas City Given that the Rural Residential land use designation is intended for parcels that would allow for resource production and small-scale agriculture, subject to controls to prevent nuisance, this proposed commercial cannabis license project, with applicable mitigation measures, is an appropriate activity for the rural residential land use designation per the Trinity County General  Community Plan, 1987)."  Plan.  Project Consistency with the California Environmental Quality Act (CEQA)  An Appendix C document was first submitted to the Cannabis Division for CCL 753 on October 22, 2022. multiple incomplete letters were sent to the applicant and their agent, followed by OnN May 16, 2023 the Board of Supervisors approved and adopted Resolution No. 2023-071 Commercial Cannabis Variance (CCV) renewal process. Variance Appendix C Policy Memo Background and Guidance for the Implementation of Resolution No. 2023-071" was posted on the County website on May 26, 2023 to help facilitate applicants. As a result of the resolution, additional evaluation to Aesthetics, Air Quality, and Noise resource categories would be scoped into the applicant's environmental document to offset any potential negative impacts to neighboring receptors. On January 18, 2024 County received an Appendix C resubmission that incorporated additional mitigation measures within their Appendix C. Environmental Review preformed identified a minor discrepancy within the document that was later addressed by County staff edits on March 12, 2024. County environmental compliance staff, has determined that approval of this project is a "later activity" associated with the Cannabis Program EIR, as defined by subsection (c) of Section 15168, in that (1) all impacts associated with the approval of this project are within the scope of environmental review previously studied, and (i) the requirements and mitigations required by Chapter 17.43 and 17.43G of the Trinity County Code, adequately serve to mitigate the impacts associated with approval of this project, it adequately evaluates all potential environmental impacts, and can be appropriately tiered within the Trinity County Cannabis Programmatic Environmental Impact Report. Based on the application review, site inspection and Environmental Consultants HELIX's review of the Appendix C, County The proposed project is seeking a small mixed-light license with a residential setback reduction. Ar neighboring receptor was identified approximately 179-feet north of cultivation activities.  resubmittal of the Appendix C documents.  environmental compliance staff recommends this license for approval.  31Page    Item Number: 2 Meeting Date: April 11, 2024  Project Number: CCV-2023-22  Cannabis cultivation activities will occur in two (2) 30' by 80' greenhouses, two (2) 30' by 96' greenhouses, and a 30' by 82' greenhouse for mature canopy, and a 30' by 30' proposed immature area. Supporting infrastructure include a 12' by 12' proposed compost for cannabis waste, a 8' by 40' shipping container for harvest storage and processing, and a proposed 10' by 12' proposed agricultural chemical storage. No additional ground disturbance is proposed. The project proposes to use supplemental artificial lights; therefore, a Light Attenuation Plan was submitted. The project is connected to an electrical grid through Trinity PUD and will not utilize any back-up generators or fans; therefore, a Noise attenuation plan is not required. An Odor  Control Plan was submitted to mitigate odor if they become a nuisance.  Trinity County Code Chapter 17.31 - Variances  Trinity County Code Section 17.31.010 states that, "A variance is a waiver or modification of some requirement contained in the zoning ordinance. The statutory justification for a variance is that the owner would otherwise suffer unique hardship under general zoning regulations because his or her particular parcel is different from others to which the regulation applies due to size, shape, or topography. Variances may be granted only to authorize a change in development standards  which is not otherwise authorized by the zoning regulations." Inc considering a variance, the following guidelines shall be observed:  1. No Special Privilege. A variance cannot be a special privilege extended to one individual property owner. The circumstances must be such that the same variance would be Finding: Due to the small size of the property (2.43 acres) the project cannot reconfigure 2. Use Variance Prohibited. The consideration of "use variances" is specifically prohibited. These are variances which request approval to locate a use in a zone from which it is Finding: The granting of this variance does not create a "use variance" because 3. Disservice Not Permitted. A variance must not be injurious to the public welfare, nor to Finding: In preparation of this staff report, a form was mailed to all adjacent property owners on March 21, 2024 for neighbors to provide consent or opposition to the commercial cannabis variance (CCV) application request. Adjacent property owners within 300-feet of the subject property were also notified of this public hearing via mail 10- days prior to this hearing. As of the date of this staff report, no responses were received 4. Not Adverse to General or Specific Plan. A variance must be in harmony with the general purpose and inlent of the zoning ordinance and cannot adversely affect the  appropriate for any property owner facing similar circumstances. outside of the required 350-feet residential setback (Attachment 2).  prohibited by ordinance.  commercial cultivation licenses are allowed in the RR. Zoning District.  adjacent properties.  from adjacent neighbors nor from the general public.  general plan or specific plans of the county.  4IPage    Item Number: 2 Meeting Date: April 11, 2024  Project Number: CCV-2023-22  Finding: As discussed in this staff report, the project is found to be consistent with the General Plan and there is no community plan for the Hayfork neighborhood of Trinity 5. RD-1Overlay Zone. Prior to approval of a variance for property within the RD-1 overlay zone, permission must be granted or deemed not necessary by the Secretary of  County.  Agriculture.  Finding: The project parcel is not located within an RD-1 overlay.  STAFF RECOMMENDATION:  Planning staff recommends that the Planning Commission moves to:  A. Adopt Resolution PC 2024-02 subject to Exhibit. A - Conditions of Approval to reduce the 350-feet setback to approximately 179-feeti from the residence on APN014-440-052-000.  ALTERNATIVES: available:  Ift the Planning Commission does not wish to approve the CCV, the following alternatives are 1. In the event that more information or time is required prior to the Planning Commission making a final decision on CCV-2023-22, the Planning Commission could move to 2. The Planning Commission could deny the applicant's request for a CCV, with findings  continue to a future certain meeting date. stated by the Planning Commission.  ATTACHMENTS:  1. Site Plan from Appendix C Environmental Document  2. Residential Setback Map 3. Location Map 4. Zoning Districts Map 5. General Plan Designations Map 6. Site Visit Photos 7. PC Resolution No. 2024-02  REFERENCES:  County, T. (1988). Trinity County General Plan, Land Use Element. Weaverville, CA: County of  Trinity.  5Page    pal DII  o N e @  @  a 174ft    Commercial Cannabis Variance (CCV) CCV-2023-22 CCL-753  APN: 014-440-044  Attachment 2 - Residential Setback Map  Neighboring Receptor Cultivation Area 350 feet Buffer Date: 3/26/2024 Created by: A. Tavakoli  N  022 NAIP Aerials Imagery  87.5  175  350 Feet    Attachment 3: Location Map  Hayfork Quad; Chee Moua; 014-440-44-00  Legend Communilies canopy QuadE Boundaries Mountain Peaks :Trails Parcelofinterest Hydrography - Perennial - Intermitlent  Ephemeral Lakes Floodway (Zone AE) 100 YearF Floodplain- BFES( (ZoneA AE) 100 Year Floodplain- -NOBFES(ZoneA) 500 Year Floodplain Highway Paved Rocked Dirt  Jeep/Skid Trail  GBAR  UNCTION DITY 4012361  HAYFORKIBAL 362  Thompson Peak 4925  HAYFORK Roads SUMMIT 4012351  HAYFORK 4012352  FarmerRan Duncan Hill 3058  Hayfork 0  Morgan Hill' 2779  Doin River Solutions Scale =1 1: 85,000 Date: 3/28/2022  ProjectLocation)  DUBAKEGLAMTN: 4012342 Plummer Peak 4364  NAUFUS CREEK 4012343  WILDWOOD) 12341  TTTTT 0.5 1  2miles    Commercial Cannabis Variance (CCV) CCV-2023-22 CCL-753  APN: 014-440-044  Attachment 4 - Zoning District Map  RR2.5  RR10.  RR10  RR10  PF  RR10  RR10  RR10  RR10  RR10  RR10  RR10  RR10  RR10.  RR10  RR10  RR10  RR10  RR10  RR10  RR10 0  RR10 N  RR10 Date: 3/26/2024 Created by: A. Tavakoli  137.5 275  550 Feet    Commercial Cannabis Variance (CCV/CCV-2023-22 CCL-753  APN: 014-440-044  Attachment 5 - General Plan Designation  General Plan Designation Public Facility Rural Residential- Low Density Rural Residential Single Family Res. -Low Density Single Family Res. Med. Density Single Family Res. High Density Multi Family Res. -Med. Density Multi Family Res. High Density Agricultural Resource Open Space Commercial Industrial Village Community Expansion Community Residential  RR-L  Dint Rà  N  Date: 3/26/2024 Created by: A. Tavakoli  0 87.5 175  350 Feet    Attachment 6: Site Visit Photos  View of Residential Structure on APN:014-40.052-000 Approximately 179-feet.  Current Site Conditions  EESTISPE    Attachment? 7 RESOLUTION NO. PC-2024-02  ARESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF TRINITY  Approving an Initial Commercial Cannabis Variance  (Chee Moua (CCV-2023-22)  WHEREAS, the Trinity County Planning Department has considered a request for an initial commercial cannabis variance, filed by Chee Moua, in accordance with Title 17, Trinity County Zoning Code Section WHEREAS, for specialty cottage, specialty, and small licenses, cultivation shall not be allowed within three hundred fifty feet of a residential structure on any adjoining parcels unless an initial variance is WHEREAS, approved or conditionally approved commercial cannabis variances are subject to annual WHEREAS, the Planning Commission held a public hearing and considered: this matter at the regular NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the County of Trinity: 1. The approval of this project is a "later activity" associated with the Cannabis Program EIR, as defined by subsection (c) of Section 15168, in that (i) all impacts associated with the approval of this project are within the scope of environmental review previously studied, and (ii) the requirements and mitigations required by Chapter 17.43 and 17.43G of the Trinity County Code, adequately serve to mitigate the impacts associated with approval of this project, it adequately evaluates all potential environmental impacts, and can be appropriately tiered within the Trinity  17.43.050A(8),  obtained by approval of the Trinity County Planning Commission,  renewal by the Planning Director through the director's use permit process, and  meeting held on April 11, 2024.  County Cannabis Programmatic Environmental Impact Report; and  2. Makes the following findings:  a. The applicant will not be granted a special privilege upon the approval of the proposed The approval oft the proposed commercial cannabis variance is not for a variance for the The approval of the proposed commercial cannabis variance would not be injurious to d. The proposed commercial cannabis variance is not in conflict with the goals, objectives, e. The project parcel. is not located in a Recreation Development District (RD-1)overlay 3. Approves CCV-2023-22 to reduce the 350-feet setback requirement from the residences on APN 014-440-052-000 to the conditions set forth in Exhibit A of this resolution andi incorporated herein. DULY PASSED AND. ADOPTED this Thursday, April 11, 2024 by thel Planning Commission of the County  commercial cannabis variance; use of the property;  general public welfare or to the adjacent properties; and policies of the General Plan or any specific plans;  zone; and  of Trinity by the following vote:    Resolution No. PC-2024-02 April 11, 2024 AYES: NAYS: ABSENT: ABSTAIN: RECUSE:  Todd Heaton, CHAIR Planning Commission  County of Trinity State of California  ATTEST: By:  EDWARD PRESTLEY Secretary of the Planning Commission County of Trinity, State of California  Page 2 of3    Resolution No. PC-2024-02 April 11, 2024  EXHIBIT "A" to RESOLUTION NO. PC-2024-02 COMMERCIAL CANNABIS VARIANCE CONDITIONS OF APPROVAL (Chee Moua, Commercial Cannabis Variance (CCV-2023-22)  1.  The commercial cannabis variance is approved for a period of one year and shall expire on the same date as the commercial cannabis license that this variance and parcel is associated with; provided, however, that the variance shall be renewed annually though the Director's Use Permit application 1. Be submitted by the applicant or designated agenticonsultant prior to expiration oft the variance 2. Be subject to ai filing fee as specified by resolution oft the Board of Supervisors; 3. Be approved, denied, or referred to the Planning Commission at the discretion oft the Planning Structures on the property shall be in compliance with the California Building Code and Trinity The applicant has the sole responsibility for renewing this commercial cannabis variance before No county permit or license shall be issued until thet ten-day appeal period has expired. If the commercial cannabis variance approval is appealed, no county permit or license shall bei issued while a  process. The commercial cannabis renewal application shall: and preferably no later than 60 days in advance;  Director; 2. County Code; 3. 4.  its expiration. The County will not provide a notice prior to the expiration date;  commercial cannabis variance hearing or appeal is pending.  END OF CONDITIONS.  Page 3 of3