Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  TRINITY. COUNTY PLANNING COMMISSION  STAFF REPORT  PROJECT TITLE: Initial Commercial Cannabis Cultivation Variance (CCL792)  APPLICANT: Kamila Hampson & Dorin Bulat PROPERTY OWNER: Dorin Bulat  REPORT BY: Colton Trent = Environmental Compliance Specialist, Cannabis Division & Aida  Tavakoli - Environmental Compliance Specialist, Cannabis Division LOCATION: 3041 Wildwood Road, Platina APN019.680.005.000)  ZONING DISTRICT: Unclassified (UNC) ZONING OVERLAY DISTRICT/S): N/A  GENERAL PLAN DESIGNATION: Rural Residential (RR)  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 outdoor mature cannabis canopy cultivation composed of twenty (20)6ft.x83f. hoop rows including 320 sf of immature canopy, and 1,120 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 from Hwy 36 by turning south onto Wildwood Road and passing  through a locked gate. Location Land Use North South East West  Zoning District Unclassified (UNC) Unclassified (UNC) Unclassified (UNC) Open Space  General Plan Designation Rural Residential (RR) Rural Residential (RR) Rural Residential (RR) Resource (RE)  Rural Residential Rural Residential Rural Residential US Forest Service  Table 1: Surrounding Land Uses to Project Site  1Page    Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  PROJECT EVALUATION:  Project Consistency with the Trinity County Zoning Code  Trinity County Code Chapter 17.43- Commercial Cannabis Cultivation Regulations Trinity County Code Section 17.43.050 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) outdoor cultivation, it is required to have all cultivation activity be at least 350-feet from a residential structure on any adjoined parcel, unless a variance  a director's use permit for subsequent years after an inspection."  part thereof." 31."  is obtained. Site Inspections:  A site inspection was performed by Cannabis Division compliance staff on June 14, 2023 to ensure that the site plan and project description included in the Appendix C were accurately prepared. The only remaining deficiency from this visit is the need for an initial CCV. A completeness review was performed by Cannabis Division staff and determined to be complete on. June 20, 2023. The only remaining deficiency for licensure from these reviews is to obtain an approved CCVf from the Planning Commission. Both the site inspection and completeness review processes are designed to verify site and application compliance with Trinity County Code Furthermore, in preparation for this staff report, an inspection was performed on October 23rd, 2023 to assist the applicant with site configuration and verify the necessity of a CCV. The mature cultivation area, which is the closest cultivation related element on the site, was measured approximately 220-feet from the residence on APN 019-680-004-000 and approximately 330-feet  Chapter 17.43 (Commercial Cannabis Cultivation Regulations).  from the residence on APN 019-680-020-000 (Attachment 2).  2Page    Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  Project Consistency with the General Plan and Community Plan  The property is within a Rural Residential (RR) land use designation. The General Plan "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 ensure the long-termopportuntyl 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 oft the landscape as well as potential for open 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  describes these areas as the following:  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 792 on October 18, 2022. Throughout the Appendix C review process, two (2)incomplete letters were sent to the applicant and their agent, followed by subsequent resubmittals of the Appendix C document on On 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. A minor modification request form was submitted on November 30, 2023, requesting the County update Appendix C resubmission to incorporate additional mitigation measures and setback reduction information within their Appendix C, and the creation of resource attenuation plans, and noise monitoring report. 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 () 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  April 26, 2023 and May 31, 2023.  3IPage    Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  the Trinity County Cannabis Programmatic Environmental Impact Report. Based on the applicationreview, sitei inspection and Environmental Consultants HELIX'sreview oft the Appendix C, County environmental compliance staff recommends this license for approval. The proposed project is seeking a small outdoor license with a residential setback reduction. Two neighboring receptors on separate parcels were identified approximately 220-feet north and 330- feet north-east of the cultivation activities. Cannabis cultivation activities will occur in twenty (20) hoop rows, 6'x83' each (9,960 sq. ft. total) for mature canopy; two (2) 8'x40' shipping containers will be used for immature canopy; three (3) 8'x40' shipping containers for drying, processing, and harvest storage; and a 8'x20' shipping container for agricultural chemical, and generator and petroleum storage. No site reconfiguration is proposed. No additional ground disturbance is proposed. No artificial lights are used for the cultivation; therefore, al Light Attenuation Plan is not required. The project has submitted an application to PG&E to attain electricity at this site and will utilize a generator for power in the interim; therefore, a Noise Attenuation Plan was created to mitigate noise ifit becomes a nuisance. 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." In 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: The property has topographic constraints which would make it difficult for the applicant to develop outside of the required 350-ft residential setback. Primarily, the narrow shape of the parcel lends for limited space for the site to comply with the 350-ft 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 February 9, 2024 for neighbors to provide consent or opposition to the commercial cannabis variance (CCV) application request. Adjacent property owners  appropriate for any property owner facing similar circumstances.  residential setback (Attachment 8).  prohibited by ordinance.  commercial cultivation licenses are allowed in the RR. Zoning District.  adjacent properties.  4IPage    Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  within 300ft 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 from adjacent neighbors nor from the general public. Therefore, it can be assumed that the granting of this CCV would not be injurious to the public welfare, nor to adjacent 4. Not Adverse to General or Specific Plan. A variance must be in harmony with the general purpose and intent of the zoning ordinance and cannot adversely affect the 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 Wildwood neighborhood of Trinity 5. RD-1 Overlay 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  properties.  general plan or specific plans of the county.  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 2024-01 subject to Exhibit A - Conditions of Approval to reduce the 350-feet setback to approximately 220-feet and 330-feet from the residence on APNO19-  680-004-000 and APN 019-680-020-000.  ALTERNATIVES: available:  Ifthe 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 ai final decision on CCV-2024-01, 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  5IPage    Item Number: 2 Meeting Date: March 14, 2024  Project Number: CCV-2024-01  7. PCI Resolution No. 2024-01  REFERENCES:  County, T. (1988). Trinity County General Plan, Land Use Element. Weaverville, CA: County of  Trinlty.  6/Page    280ft  281  BADCONPINA  pR poOmPIM    N A  Commercial Cannabis Variance (CCV)I.CCV-24-01 CCL-792  APN 019-680-005-000 Attachment 2 Residential Setback Map  Cuitivation_Area Parcel Boundary Sensitive Receptors Residential Setback  Created by: Colton Trent Date: 02/23/2024  0.03  0.05  0.1 Miles    Attachment 3  Wildwood Quad; Penthouse Farms LLC; 019-680-05-00  AXEORK  Legend Communities Quad Boundaries Mountain Peaks  Trails Parcel of Interest Hydrography - Perennial Intermittent Ephemeral Lakes Roads Highway Paved Rocked Dirt a Jeep/Skid Trail  $200  WILDOOD 4912341  CHANGHE  ProjectLocation)  DUBAKELEA MIN, 4012342  Wildwood  36  Goods Mountain 4032  Daxena Rirers Sshtions Scale = 1: 80,000 Date: 4/26/2023  SMOK CREEK 4012332  PONY BUCKIPEAK 4012331  02  a0P  0.5 1  2 miles    Commercial Cannabis Variance (CCV)ICCV-24-011 CCL-792  APN 019-680-005-000 Attachment 4 Zoning District Map, C UNC  A  UN  UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC  UNC UNC  /  UNC  UNC  UNC  UNC Wildwood  UNC  UNC UN  UNC  Created by: Colton Trent Date: 02/23/2024  0  0.05  0.1  0.2 Miles    Commercial Cannabis Variance (CCV) ICCV-24-01] CCL-792 Attachment 5 General Plan Designation Map  019-680-005-000  N  APN  RR  RE  General Plan Designations Public Facility Rural Residential- Low Density Rural Residential Singlei 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  /  Wild  Created by: Colton Trent Date: 02/23/2024  0  0.05  0.1  0.2 Miles    Attachment 6-Site Visit Photos Current Site Conditions    Attachment 7  RESOLUTION NO. PC-2024-01  ARESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF TRINITY  Approving an Initial Commercial Cannabis Variance (Kamila Hampson & Dorin Bulat (CCV-2024-01))  WHEREAS, the Trinity County Planning Department has considered a request for an initial commercial cannabis variance, filed by Kamila Hampson & Dorin Bulat, in accordance with Title 17, Trinity County 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 commercialcannabisvariances are subject to annual WHEREAS, the Planning Commission held a publichearing and consideredt this matter at the regular NOW, THEREFORE, BEI IT RESOLVED that the Planning Commission of the Countyof Trinity: 1. The approval oft this project is a"later activity" associated: with the Cannabis Program EIR, as defined bys subsection (c) of Section 15168, in that (i) alli impacts associated with the approval of this project are within the scope ofenvironmental review previously studied, and (i)t the requirements and mitigations requiredby 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 appropriâtely! tiered within the Trinity  Zoning Code Section 17.43.050A(8),  obtained by approval oft the Trinity County Planning Commission,  renewal by the Planning Director through the director's use permit process, and  meeting held on March 14, 2024,  County Cannabis Programmatic Environmentall 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 of 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 al Recreation Development District (RD-1)overlay 3. Approves CCV-2024-01 to reduce the 350-feet setback requirement from the residences on APN 019-680-004-000 and APN 019-680-020-000, subject tot the conditions set forth in Exhibit A of DULY PASSED AND. ADOPTED this Thursday, March 14, 2024 by the Planning Commission of the  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  this resolution and incorporated herein. County of Trinity by the following vote:    Attachment 7  Resolution No. PC-24-01 March 14, 2024 AYES: NAYS: ARSENT: 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  -  Page 2of3    Attachment7  Resolution No. PC-24-01 March 14, 2024  EXHIBIT "A" to RESOLUTION NO. PC-2024-01 COMMERCIAL CANNABIS VARIANCE CONDITIONS OF APPROVAL (Kamila Hampson, Commercial Cannabis Variance (CCV-2024-01)  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 of the variance 2. Bes subject to ai filing fee as specified by resolution of the Board of Supervisors; 3. Bea approved, denied, or referred to the Planning Commissions att the discretion of the Planning Structures on the property shall be in compliance with the California Building Code and Trinity 3. The applicant has the sole responsibility for renewing this commercial cannabis variance before 4. No county permit or license shall be issueduntilt the ten-day appeal period has expired. Ift the commercial cannabis variance approval is appealed,no county permit or license shall be issued while a  process. The commercial cannabis renewal application shall: and preferably no later than 60 days in advance;  Director; 2. County Code;  its expiration. The County will not providean notice prior to the expiration date;  commercial cannabis variance hearing or appeal is pending.  END OF CONDITIONS  Page 3 of3