TRINITY COUNTY COMMUNITY DEVELOPMENT DEPARTMENT  CANNABIS DIVISION 530 MAIN ST., PO BOX: 2819 PHONE 530-623-1351 WEAVERVILLE, CALIFORNIA 96093 Edward Prestley, Deputy Director  MEMORANDUM  DATE: TO: FROM: SUBJECT:  February 7, 2024  Members of the Trinity County Planning Commission Drew Plebani, Cannabis Division Director,  Agenda Item: Item 4, DEV-24-02 Zoning Text Amendment to 17.43  Staff directs the reader to the following sections and excerpts from Volume 1 &2 of the Certified Final Programmatic Environmental Impact Report (PEIR). Furthermore, the FEIR Trinity County Cannabis Program FEIR Vol.2.-ES.3.2 Significant and Unavoidable Mitigation measures have been identified in Sections 3.1 through 3.16 of this EIR that are intended to mitigate project effects to the extent feasible. For the following environmental issue areas, one or more impacts are considered significant and unavoidable; that is, no feasible mitigation is available to reduce the project's impacts or the project's contribution to cumulative impacts to a less-than-significant level." (Excerpt refers specifically to Air Quality -Odor) Trinity County Cannabis Program FEIR Vol.2.- Impact 3.3-3: Exposure of People to Objectionable Odors: "Setbacks are required under the Cannabis Program, however, they do not preclude the generation of odorous emissions in such quantities as to cause detriment, nuisance, or annoyance to a substantial number of people. This impact would be significant." "Although exposure to offensive odors generally does not result in physical harm, the odors can be perceived as objectionable leading to considerable distress among the public and can "All cultivation operations would be required to be setback a minimum of 350 feet from adjacent residences such that attendant odors would less likely be detectable by people off- "While the Cannabis Program requires a minimum setback for cultivation sites of 350 feet from  addresses Odor in various sections, including the following:  Impacts and Cumulative Impacts.  result in citizen complaints to local governments and regulatory agencies."  site."    adjacent residences" "it does not preclude the potential for off-site residential receptors to be exposed to odors emitted by mature cannabis plants that they find objectionable. As a Trinity County Cannabis Program FEIR Vol.2- Mitigation Measure 3.3-3: Implement Odor Control Plan for the Growing, Cultivating, Processing, Handling of Cannabis  result, this impact would be significant."  Significance after Mitigation  Implementation of Mitigation Measure 3.3-3 would reduce the potential of odor nuisance impacts and would include corrective actions for cultivation sites that routinely generate nuisance odor impacts off-site. However, iti is possible that nuisance odor impacts would occur occasionally before abatement for outdoor cultivation sites, especially in areas where outdoor cultivation sites are concentrated. There are no feasible mitigation measures for completely avoiding the potential for occasional odor nuisance impacts because there is no reliable  method.  Trinity County Cannabis Program FEIR Vol.1.-3 3.2.4 Master Response: Odors associated "Odors with distinct odor characteristics emanating from proximate sources are generally not additive or amplified. However, odors with the same or similar odor characteristics emanating from proximate sources may be additive. Therefore, multiple odor sources in a given geographic area would not necessarily increase the strength of an odor, although a higher frequency of odor detection would be expected.' This evidences that without active cultivation the cumulative effects VS additive effects cannot discerned, and statements related to past odor concerns without quantified data cannot be used to evaluate the subjective concerns  with Cannabis Cultivation.  stated by the appellant.  Forr reference, also included as attachments to this memo are the following documents:  Highlighted sections of Trinity County Cannabis Program FEIR Vol.2. Background and Discussion to Resolution 2023-071, Board of Supervisors Agenda Item 4.1, Meeting Date 12/19/2023, Current residential setback mapping from "Cultivation",  Three example maps depicting: Cultivation' VS. Canopy' as they relate to the Residential Setback requirement. Example maps are also intended to more clearly define potential future mapping standards related to Setback maps VS. Buffer maps, as it relates to the residential  setback requirement.    Ascent Environmental  Air Quality  Implementation of Mitigation Measures 3.3-2a and 3.3-2b would reduce operational emissions of ROG, NOx, PM and PM25 at new and existing licensed cultivation and noncultivation sites. As shown in Table 3.3-7, implementation of these mitigation measures would reduce NOx below the threshold; however, operational emissions of ROG, PMo and PM2s would not be reduced to less than the mass emission thresholds recommended by! NCUAQMD.in addition, The County aso considered thet following measures to reduce fugitive PM10, and PM25 dust from véhicle travel on unpaved surfacès.includingi watering unpaved roadways at regular intervals (e.g., two times per day), application of Routine Watering OfRoadways: The routine watering oft the unpaved roads (two tipes a day) can reduce particulate matter emissions by as much as 55 percent based on modeling dataprovided in CalEEMod. It is anticipated that commercial cannabis uses could located on unpaved privateroads that range from one mile to over 15 miles in length. Thislextent of unpaved roadways would bei infeasible to routinely water twice a dayt to provide effective reduction of PMio emissions. Supplying the amount ofwater that would be required duringa period ofl low flows, the emissions'from water trucks, and the additional wear and tear from heavy trucks traversing unpaved roads would eachhave impacts to the environment that would be significant and unavoidable. A single 4,000-gallon watentruck used twice a day for 4 weeks would generate a water demand of 224,000 gallons for coverage ofa a limited road length. Additional trips would be required to refill and cover additional road lengths necessary to provide dost suppression for the entire length oft the road. This additional water demand is considered excessive as) just two refills ofas single truck during the period in question would be the equivalent of annual irrigation of appronimately2800: sq. ft. of cannabis (based on water demand factors used in Section 3.10, "Hydrology and Water Quality) or aver 2 years of water demand ofa a single-family residential unit (assuming a water demand of100 gallons per day per resident fort three residents). The cost ofa 4,000-gallon water truck ranges from $53,500 (used) to $113,563 (new) Pavementoroup.com 2018; Commercial Use of Dust Suppressants: Dust suppréssants work by binding the particles together that form a protective layer that resists wind movement. As notéd above, several of the current applications for new commercial cannabis operation sites are located on uppaved roads that range from 1 mile to over 151 miles in length. The cost of applying dust suppressant is approximately $2,202 per mile per year www.gtoutuscom/dlust-control-cost/ accessed 3/12/18), with attendant emissions from applicator trucks, and the addtional wear andi tear from heavy trucks traversing unpaved roads. Dust suppressants can result in water quality impacts due to leaching into streams and rivers andthe nature of the chemicals used for dust suppression. The usèof dust suppressants would have significant and unavoidable impacts to the environment at least as significantas the air quality Paving of Roadways: Paving ofr roadways utilized by commercial cannabis cultivation sites would reduce PMo emissions from roadway dust. The extent of roadways that would be required to be paved (1 to over5 miles per site) woyld be substantial and would likely be cost prohibitive to construct and maintain. Using cost unis for the Library/Street improvement (two-lane roadway) in the City of Sacramento it is estimated that paving of existing roadways could cost approximately $1,212 a linear footi for at two-lane roadway (City of Sacramento 2008). Thus,  Tier 4 andelectric equipment may not be available for all activities.  dust suppressants, and paving.  Truck Trader 2018).  impact that it attempts to mitigate, and thus is rejected as infeasible.  paving just one mile of roadway could cost $6,399,360. Forthese reasons, this impact would be significant and unavoidable. Impact 3.3-3: Exposure of People to Objectionable Odors  Implementation oft the Cannabis Program would license the operation of new commercial cultivation and noncultivation sites, as well as existing cultivation. The cultivation and processing of cannabis generates odors associated with the plant itself, which during maturation can produce substantial odors.Setbacks are required under the Cannabis Program, however, they do not preclude the generation of odorous emissions in such quantities ast to cause detriment, nuisance, or annoyance to as substantial number ofp people. This impact would be significant  Trinity County Cannabis Program Revised Draft EIR  3.3-23    Air Quality  Ascent Environmental  The occurrence and severity of odor impacts from cultivation. sites licensed under the Cannabis Program would depend on numerous factors, including the nature, frequency, and intensity oft the odors sources; wind speed and direction; topographic conditions; the proximity to off-site receptors; and the sensitivity of exposed receptors. Although exposure to Offensive odors generallydoes notresulti in physical harm, the odors can be perceived as objectionable leading to considerable distress among the public and can resulti in citizen complaints tol local  governments and regulatory agencies. Existing Licensed Commercial Cannabis Operations  Odors are emitted at existing licensed commercial cannabis cultivation operations. Odors can be perceived and considered objectionable depending on the size and type (i.e., outdoor, mixed-light, or indoor) of cultivation operations, nearby receptors, the strain of cannabis being cultivated, the presence ofr nearby vegetation, and topographic and atmospheric conditions. Existing licensed cultivation operations are part of the existing  environmental setting conditions of the county. New Licensed Commercial Cannabis Operations  Cannabis plants are known to emit odors, especially during the final stages of the growing cycle (ie., typically beginning in August and continuing through harvest season in September and October). Dispersion modeling indicate that specific cannabis compounds may be detectable at a distance oft two miles or more depending on weather conditions (Kern County 2017:4.3-66 and 4.3-67). The potential for detected odors to be considered objectionable and an adverse effect would depend on the size of the cannabis-related operation, the receptor, the strain of cannabis being cultvated/processed, the presence of nearby vegetation, and topographic and atmospheric conditions. As a result, an appropriate buffer distance at which odors could not be perceived is not considered feasible and would depend on site-specific conditions. Generally, the larger the: size of the canopy area, the greater the potential for odor to be evident to off-site receptors. Many of the potential applicants seeking coverage under the Cannabis Program are seeking to operate outdoor cultivation sites or mixed-light cultivation facilities. Mixed-light cultivation sites could include structures that contain odors associated with cultivation. Allo cultivation operations would berequired to be setbackar minimum of350feeti from adjacent residences such that attendant odors would Odors emitted byi indoor cultivation and processing activities can be controlled through the use of active carbon filters, biofilters, plasma ion technology, air filters, and other manufactured odor control/masking substances (e.g, gels and sprays designed to mask odors). However, under the Cannabis Program, these types of controls are not required. Whilethe Cannabis Program requiresar minimumsetback for cultivation sites of/350 feet from adjacent residences; a minimum setback for Type 3 cultivation operations (e., greater than 50 acres) of 5001 feet from an adjacent property line; 5001 feet of an authorized school bus stopi and 1,000 feet from a youth-oriented facility,a a school, any church, residential treatment facility; itdoes not preclude the potential for off-site resdentalreceptorsto be exposedto.odors emitted by mature cannabis plants that they find objectionable. As a result, this impact would  less likely be detectable by people off-site.  be significant. Mitigation Measures  Mitigation Measure 3.3-3: Implement Odor Control Plani fori the Growing, Cultivating, Processing, Handling of Cannabis The following shall bei included as new performance standards for Section. 315-843(6) (Performance Standards for Commercial Cultivation of Cannabis), Section 315-824(5) (Required Conditions), Section 315-826(3) (Regulation of Nurseries), Section 315-828(5) (Required Conditions), Section 315-835(2) (Regulations), Section 315-837(3) (Required Cannabis sites shall develop andi implement an odor control plan that contains the following requirements as Identify and describe odor-emitting activities and the nature and characteristics of the emissions.  Conditions), and Section 315-842(6) (Required Conditions):  appropriate for each cannabis use:  Trinity County  3.3-24  Cannabis Program Revised Draft EIR    Ascent Environmental  Air Quality  Location and distance of sensitive receptors.(e.g. residents, youth-oriented facilities schools, churches. Demonstrate that the cannabis site's distance to receptors, wind direction, and local topographic conditions would not result in detection of cannabis odors by off-site sensitive receptors that would create ar nuisance. Ifoff-site odor nuisance impacts cannot be avoided without odor controls, identify Deseribe procedures and controls for educing/controling odors on-site, including the following as applicable to the cannabis use, and license type (outdoor, mixed-light and indoor). The operator maypropose a numeric odor detection threshold for on-site operations (such as dilution-to-threshold standard that is verified byp persons of normal odor sensitivity as defined by European Standard EN 13725) subject to County review and approval.! All 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 of cannabis off the parcel. This will include all drying and processing of cannabis Outdoor operations may include different plant strains and smaller grow areas or relocation of outdoor activities indoors or, in a mixed-light facility contained within an enclosed structure, use of site design or Corrective actions to address County-verified off-site odor complaints will bei identified. This may include immediate and complete harvest of the cannabis plants or identification of other methods to be applied aspart of the current harvest or the next harvest to minimize off-site odor impacts so that they do not conflict with other applicable standards of the County's Cannabis Program or State license requirements. ssesenakousseranwestNn  residential treatment centers) from the site.  plant material recently harvested.  other technology and/or use of odor easements to address odor impacts.  eppepNeeN  Significance after Mitigation  Implementation of Mitigation Measure 3.3-3 would reduce the potential of odor nuisance impacts and would include corrective actions for cultivation sites that routinely generate nuisance odori impacts off-site. However, iti is possible that nuisance odor impacts would occur occasionally before abatement for outdoor cultivation sites, especially in areas where outdoor cultivation sites are concentated/iereateno. feasible mitigation measures for.completely avoiding the potential for occasional odor nuisance impacts because there is no reliable method to contain odorson- site underall atmospheric conditions during harvest.season.: There. are no effective mitigation measures to ensure to elimination of cannabis odors at harvest for outdoor cultivation operations. Thisimpactwould be significant and,  unavoidable.  The use ofa diltion-to-thresholdi (D/T) standard is based on scientific publications on odor pollution control that havei identified that odors above7D/TV will oftenresulti inc complaints (ie. objectionable). with1 15 D/T often described asar nuisance. and odors above 30D/T describeda as  aserious nuisance (ie. nauseating) (McGinley 2000: Hueye eta al.1 1960).  Trinity County Cannabis Program Revised DraftE EIR  3.3-25    AI RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TRINITY ALLOWING STREAMLINED APPROVAL OF CANNABIS LICENSES THATI REQUIRE CCVS FOR THE CALENDAR YEAR: 2023  Background:  December 28, 2020, Ordinance number 315-849 was adopted toi incorporate mitigations of the Certified Programmatic Environmental Impact Report (PEIR) in addition to specific regulations for the cultivation of cannabis in' Trinity County, including Trinity County Code (TCC) Section (S) Section 17.43.050 - Limitation on location to cultivate cannabis. This code section requires all sites in the Trinity County Commercial Cannabis Program to "cultivation" tol bel located at least 350ft from a legal residential structure on any adjoining parcel or obtain a commercial cannabis variance (CCV). This setback will be referred to as the residential setback" for this From 2016 to early 2022, Planning staff had previously interpreted the word' cultivation" contained in TCC Section (S) 17.43.050 (A)(8) to mean "canopy" when verifying site compliance during desktop and field inspections. "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" as defined by the State ofCalifornia, or as may be amended. In early 2022, staff broadened their interpretation from "canopy" to "cultivation" when verifying site compliance during desktop and field inspections. "Cultivation" means the planting, growing, harvesting, drying or processing of cannabis plants or any part thereof. A byproduct of this interpretation change made: it SO sites that had been previously approved would now need a Furthermore, TCC Section ($) 17.43.050 (A)(3) requires licensed sites to have a legal dwelling. Therefore, cultivation sites that are located next to each other would be required to: receive variances from the legal dwelling on the neighboring cultivation site. Given that licensees do not have authority over the location of their neighbor's dwelling in relation to their cultivation activities, as nearby residences or other permitted structures are "finaled", previously approved licensed sites would then require a variance in order tol be approved for license renewal.  discussion.  variance in order to be approved for a license renewal.  Discussion:  Historically, the Cannabis Division was. never properly allocated sufficient Planning positions to handle new and annual renewals of variances, along with the additional extensive administrative workload required to evaluate and process license applications. CCVs were created to minimize the potential impacts toi nearby sensitive receptors and adjacent residences from cultivation related activities, and to allow for preexisting cultivation sites to meet the 350ft setback requirement. Prior to CEQA determinations being noticed, CCVs created the ability for neighbors within the 350ft setback to oppose the issuance of the license. Appeals of the Planning Directors Decision are authorized under TCC Section (S) 17.34.110(A)- Appeals. The annual nature oft the variances creates al burdensome administrative task that seems to hold no unique merit that the appeal processes wouldn't be able to consider. The use ofthe term    Al RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TRINITY ALLOWING STREAMLINED APPROVAL OF CANNABIS LICENSES THAT REQUIRE CCVs FOR THE CALENDAR YEAR: 2023  Variance' as it relates to setback requirements from adjacent residences is outside of the traditional planning use oft the term and its application and, given the annual nature and large number of variances already approved by the Planning Commission means that these are not "unique" situations. The use of contracted external planning services would still require in office Planning staff support to coordinate and supervise external consultants to ensure project Given many oft the sites that are waiting for a variance tol bej processed, have already foregone a cultivation season due to the program shutdown caused by the TAA Settlement Agreement, staff was directed by the Board of Supervisors to develop ai resolution that could allow for the temporary approval oflicenses that require a variance while staff works through ordinance amendments that would create a more appropriate administrative process, converting variances tol buffer reductions and strengthen the Denial/Revocation and Enforcement sections. All cultivation projects are subject to environmental review under the California Environmental Quality Act(CEQA). The Trinity County Cannabis Program Environmental Impact Report SCH:2018122049) created the framework for environmental review of cannabis operations in Trinity County. Cultivation operations are tiered offofthe analysis and evaluation conducted in the creation and approval ofthe PEIR through the. Appendix C Checklist. Environmental impact assumptions in the PEIR mirror the 350ft residential setback requirements outlined in' TCC The environmental evaluation conducted in the PEIR included evaluation oft the. Aesthetics, Air Quality, and Noise resource categories. These resource categories have been identified by staff as having the highest potential to negatively impact sensitive receptors. Cultivation projects that don not meet the 350ft residential setback are: required to include all applicable mitigation measures that address effects to sensitive receptors (Attachment 1: Variance Specific Impacts and Mitigation Measures), an odor control plan, ai noise and light attenuation plan (Attachment2: Noise light and Odor. Attenuation Plan) a noise monitoring report for ongoing operational equipment (Attachment 3: Template Noise Report), and a CalEMod report to determine site specific quantifiable air quality thresholds. Cultivation projects will receive approval oft the necessary environmental documents and subsequent licensure only with the inclusion ofthe  compliance.  Section ($) 17.43.050 (A)(8).  mitigation measures and supplemental plan identified above.  Data:  CCV Renewals Annually - Historically approximately 62 CCV renewals. Many may bet triggered to go back to PC once staffi is able to process and analyze each since they Known (as of5/12/23) Previously Approved Licensed Sites that need a variance in  were measured and analyzed under the previous interpretation.  2023 year: 53  triggered by change in interpretation  triggered by not measuring at correctly or change in interpretation    ARESOLUTION OF THE BOARD OFS SUPERVISORS OF THE COUNTY OF1 TRINITY ALLOWING STREAMLINED APPROVAL OF CANNABIS LICENSES THATI REQUIRE CCVs FOR THE CALENDAR YEAR: 2023  triggered by new residential structure being built within 350ft setback Licenses with CEQA determination, pending CCV language updates and lor on Approximately 175 projects are still being reviewed and likely will result in additional  hold for CCV related topics: 105  CCVs being required.    2/7/24, 2:40 PM  Coversheet  TRINITY COUNTY Item Report4.1 Meeting Date: 12/19/2023 Contact: Drew Plebani- Cannabis Division Director  Department: Cannabis Requested. Action: calendar year 2024. Fiscal Impact: Unknown. Summary:  Phone: (530)628-1351  4.1 Resolution: Commercial Cannabis Variance- extension for calendar year 2024  Adopt a resolution which allows for streamlined approval of Cannabis Licenses that require a Commercial Cannabis Variance for  On May 16, 2023 The Board of Supervisors adopted Resolution NO. 2023-071, AF RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TRINITYA ALLOWING STREAMLINED APPROVAL OF CANNABIS LICENSES THAT REQUIRE CCVs FOR THE CALENDAR YEAR 2023. Staff is requesting that an updated resolution, extendedi to calendar year 2024,  be adopted byt the Board of Supervisors.  Discussion: processing of CCVs.  As of December 1, 2023 the Cannabis Division is without a Planner to facilitate the CCV process, staff recommends that the Resolution be extended for the 2024 Calendar Year or until Ordinances have been updated, or staff capacity increased to enable When a project receives approval, legal notices are sent to the Trinity Journal and to adjacent property owners. As a result of Ordinance 2023-071, a Consent Opposition letter has been included in the neighbor notices sent out to adjacent property owners, which was included into the noticing process to ensure input from neighbors. Additionally, all projects that do not meet the 350' setback In order for a opposition form to be qualified the opposing party must have a legal dwelling on the property that is adjacent to the Of the 54 consent / opposition forms sent out as a result of resolution, two projects received an opposition letter (1 - qualified opposition, that was later retracted by the opposing party, 1- opposition which was not qualified due to no legal dwelling). Consent opposition forms have also beeni included into the neighbor noticing process for new licenses /CCVs. 1 qualified opposition 54-r resolution applied (24 CCV renewals + 30 new CCVs based on change in interpretation of cultivation VS canopy, or never  requirement, have been requiredt to include attenuation plans into their Appendix C document.  cultivation site.  form was received. 2023 CCVI Resolution related data: previously identified)  27 - previously issued CCVs, not yetl licensed, CCVr not renewed/ resolution would apply  -15, potential new CCVs from previously licensed sites not currently licensed, CCVI notr renewed/ resolution would apply An administrative buffer reduction process ist being proposed as ap part ordinance updates, to replace the existing CCV process.  Alternatives Including Financial Implications: Provide direction to staff. Departmental Recommendation: and approve updated Resolution as presented.  Update Resolution NO: 2023-071 to extend through calendar year 2024, or until ordinance updates are finalized andi implemented,  ATTACHMENTS: Description 5.16.23agendal Item Resolution 2023-071  htps.Atrinlty.noyusagendacomlagendepubieCoversheetasp7lemD-74798.MeetingID-344  1/1    CCV-  Residential Setback Map  2450  80  2541  Residential Setback Cultivation Areas Project Parcel Residential  SourcerEsl Mexar, Earhstar Geographles, andtoGIS UBser Gommurily  85 170  340  510 1r-  SF  Date: 10/31/202    Example 1: 350-Feet Buffer From Canopy  Canopy 350-Feet Buffer Canopy Area Residential Receptor  202)  MENES, Eathister GeagrephiGandfic GISSET  100  50  100f feet    Example 2: 350-Feet Buffer From Residential Receptor  202)  Residential 350-Feet Buffer Residential Receptor Canopy Area  Mexer, Eartister Begrephis,tndRe GISUSEr  100  50  0  1001 feet    Example 3: Combined Canopy Buffer and Residential Buffer  Residential 350-Feet Buffer Canopy 350-Feet Buffer Residential Receptor Canopy Area  à Msbat, Earlirstat Osograpini-s EnpuGB  omunky 50  100  0  100f feet