Item Number: 04  Meeting Date: 2/8/24  Project Number: DEV-24-02  TRINITY COUNTY PLANNING COMMISSION  STAFF REPORT  PLANNER: Drew Plebani, Cannabis Division Director  PROJECT DESCRIPTION:  The purpose of this agenda item is for the Planning Commission to make a recommendation to the Board of Supervisors to adopt an ordinance amendment of Trinity County Code (TCC) Title 17. Section (S) 17.43.050 (A)(8) to exchange the term cultivation' to 'canopy. Section (S) 17.43.050(A)9) was added to clarify the property line setback requirement for medium licenses. Section (S) 17.43.051 was added to convert the existing Commercial Cultivation Variance (CCV) process to an Administrative Buffer  Reduction - Director's Use Permit. BACKGROUND DISCUSSION:  December 28, 2020, Ordinance number 315-849 was adopted to incorporate mitigations of the Certified Programmatic Environmental Impact Report (PEIR) in addition to specific regulations for the cultivation of cannabis in Trinity County, including Section 17.43.050- - Limitation on location to cultivate cannabis. Planning Staff had previously interpreted the word "cultivation" contained in 7.43.050(A)(8) to mean "canopy". In early 2022, staff changed the interpretation to reflect setback measurements from sensitive receptors be performed based on the elements identified in the definition of cultivation'". Related definitions of referenced "Canopy" means the designated area(s) at a licensed premise that will contain mature plants at any point in time. This definition is intended to mirror the definition of "canopy" Cultivation" means the planting, growing, harvesting, drying or processing of cannabis  terms per TCC (S) Section 17.43.010:  as defined by the State of California, or as may be amended.  plants or any, part thereof. DISCUSSION:  Trinity County Zoning Code Section 17.43.050 (A)(8) states:  "For specialty cottage, specialty and small licenses cultivation shall not be allowed within three hundred fifty feet of a residential structure on any adjoining  1Page    Item Number: 04  Meeting Date: 2/8/24  Project Number: DEV-24-02  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 a director's use permit for The above-referenced code section established the 350ft residential setback that requires cultivation sites to be at least 350ft from a legal residential structure, or Staff believes that the intent of the residential setback was to reduce the exposure of adjacent or nearby receptors (e.g., residences, schools etc.) to odors associated with mature cannabis, or canopy, and not from accessory structures that contain processing or harvesting activities, as included in the definition of cultivation'. Based on significant review of the PEIR, specifically Impact 3.3-3 "Allf fully enclosed and secure structures that contain cannabis plants or products that generate odors will employ mechanical ventilation controls, carbon filtration, or other equivalent or superior method(s) to eliminate the detection ofcannabis off the parcel. This will include all drying and processing of cannabis plant material recently harvested." Effectively this means that odors generated during the post-harvest phases will be eliminated or significantly reduced via the use ofmechanical ventilation On January 11, 2024 at a regular meeting of the Planning Commission a discussion/ study session of CCV process and Board of Supervisors Resolution 2023-071 (Project# DEV-24-01) was presented, public comment was received, and discussion was had by the Commissioners. The following recommendations were made by the Planning U Update TCC chapter 17.43.050(A)8) to replace the term "cultivation" with "canopy" and, Propose that the existing Commercial Cultivation Variance (CCV) process be converted As a result of the Planning Commission's recommendations, updates to TCC 17.43.050 were discussed with the Cannabis Ordinance Ad Hoc committee and the proposed  subsequent years after an inspection.' -  apply for a commercial cannabis variance.  which states:  and odor controls.  Commission:  to an Administrative Buffer Reduction Director's Use Permit.  changes are as follows:  Definition of referenced terms per TCC (S) Section 17.43.010: as defined by the State of California, or as may be amended.  "Canopy" means the designated area(s) at a licensed premise that will contain mature plants at any point in time. This definition is intended to mirror the definition of "canopy" "Cultivation" means the planting, growing, harvesting, drying or processing of cannabis  plants or any part thereof.  21Page    Item Number: 04  Meeting Date: 2/8/24  Project Number: DEV-24-02  Code sections to be amended/ added with reflected track changes:  TCC (S) Section 17.43.050(A)(8): For specialty cottage, specialty and small licenses cultivation canopy shall not be allowed within three hundred fifty feet of a residential structure on any adjoining parcels. Formedium-licenses.cutwatonshalshal-otbe-allwed wilhin-we-hundiediestdanadpemtporeyne-Aplsatans-lora-vanance-tiom His-powson-wl.-be-comssemiy--anyCauyPaman,-Commision-Ale: bahainganiailal-vantae.lepimanydrercanspwadinaoreusepemitor subsequent e#-aR-mpeaen Applications for an Administrative Buffer Reduction - Director's Use Permit will be considered by the Trinity County Planning TCC (S) Section 17.43.050(A)9); For medium licenses, cultivation shall not be allowed within five hundred feet of an adiacent property line. Applications for a variance from this provision will be considered by the Trinity County Planning Commission. TCC (S) Section 17.43.051 Cannabis Land Use Buffer Reductions  Director.  A. Buffer Reductions. When deliberating a Cannabis License application, a reduction from the required three hundred fifty foot distance from an adjacent legal residential structure on any adjoining parcels may be considered by the Planning Director, when 1. That the applicant has submitted an application for and has provided documented justification for the requested buffer reduction. 2. That there are special circumstances unique to the properties in question that 3. That the buffer reduction would not result in harm to the public health, safety, or 4. During the review of the documentation submitted, a Notice of Application will be sent to affected property owners providing information about the application(s) and identifying the following: 1)the date/time that the Planning Director will take action on the application; and 2) the date/time when comments must be submitted to the County to be considered by the Planning Director prior to taking action. County Code Section 17.32.080 (Authority = Planning Director) states that the planning director may, at their direction, schedule for hearing by the commission any application for a planning director's use permit. If affected property owners disagree with a decision of the director, they may appeal it to the 5. The following situations are considered exceptions from the required three hundred fifty foot distance from an adjacent legal residential structure:  the following criteria is met:  would reasonably allow a buffer reduction. welfare and nearby land uses.  PC per County Code Section 17.34.110(A).  3IPage    Item Number: 04  Meeting Date: 2/8/24  Project Number: DEV-24-02  a. Canopy that is less than the required three hundred fifty foot distance from an adjacent residential structure that is under identical ownership of thato of b. Canopy that is less than the required three hundred fifty foot distance from an adjacent parcel, with a legal residential structure, that has a cultivation C. Canopy that is found to be less than the three hundred fifty foot distance from an adiacent legal residential structure due to new construction onan adiacent property, since issuance of the original cannabis license and not  the licensee. license.  under ownership of the licensee.  The criteria for amending Title 17 (Trinity County Zoning Code) is provided by Section 17.35.030. This Section provides the opportunity for the Board of Supervisors or Planning Commission to direct staff, via resolution, to bring updates and proposed revisions for review by the Planning Commission. The Planning Commission may then make recommendations to the Board of Supervisors.  ENVIRONMENTAL DETERMINATION:  California Environmental Quality Act (CEQA) under the General Rule exemption 15061(b)(3) which exempts activities where it can be seen with certainty that there is no  possibility of causing a significant effect on the environment.  RECOMMENDATION:  Staff recommends that the Planning Commission:  1. Conduct a public hearing. 2. Close the public hearing.  3. Make a recommendation that the Board of Supervisors:  a. find that the amendments to Chapter 17.43.050 of the Trinity County Code isnot subject to California Environmental Quality Act (CEQA) under the General Rule exemption 15061(b)(3) which exempts activities where it can be seen with certainty that there is no possibility of causing a significant b. approve an ordinance to amend TCC (S) Section 17.43 of the Zoning Code  effect on the environment; and  of the County of Trinity as described in this staff report.  ALTERNATIVES: 4IPage    Item Number: 04  Meeting Date: 2/8/24  Project Number: DEV-24-02  1. The Planning Commission may request continuance for additional information. 2. The Planning Commission may recommend amending the request with  modifications.  3. The Planning Commission may deny the requested modifications.  ATTACHMENTS:  1. Zoning Code Section 17.43.050  5IPage    4/24/23, 9:17AM  Trinity County, CA Code of Ordinances  17.43.050- Limitation on location to cultivate cannabis.  A. Applications will not be approved for cultivation of cannabis in any amount or quantity, in the 1. Within one thousand feet of a youth-oriented facility, as school, any church, or residential  following areas:  treatment facility as defined herein.  2. Within five hundred feet of an authorized school bus stop.  3. Al legal parcel without a legal dwelling, or without an active building permit. 4. Timber production zones (TPZ) with the exception made for qualified Phase l'applicants (persons or entities who completed enrollment in the NCRWQCB Order #2015-0023 in  reference to a Trinity County-based operation by August1,2016). 5. Residential 1 (R1), residential 2 (R2), or residential 3 (R3) zones.  6. Within the Trinity County. jurisdiction of the waske/ownsnastrney National Recreation Area and within the lease lots within the Ruth Lake Community Services District. 7. Within the legal boundaries of the Weaverville Community Services District, Coffee Creek Volunteer Fire District and Trinity Center Community Services District, Bucktail Subdivision and within thei following area of the Lewiston Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17,1 18, 19,20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24, 13, which are inj proximity to high density areas, and therefore, create a substantial risk of a public nuisance. An exception to this limitation is allowed for applicants who have submitted an application for enrollment under NCRWQCB  Order #2015-0023 by the following dates:  Weaverville Community Services District by December 31,2016; Lewiston Community Services District byJ January 15, 2017;  Coffee Creek' Volunteer Fire District and Trinity Center Community Services District by  November 30, 2017.  8. 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 a  director's use permit for subsequent years after an inspection.  (Ord. No. 315-849, 51,12-28-2020)  aboutblank  1/1