Chapter 17.33 — NONCONFORMING USES

Sections:

17.33.005 - In general.

A nonconforming use of land or buildings may be continued, changed or replaced only as provided by this section.

17.33.010 - Definition.

"Nonconforming" means a nonconformity is a building, structure, or use which, when erected or established, complied with all the applicable provisions of this title or prior planning and zoning regulation, but which presently fails to conform to one or more of the provisions of this title.

17.33.020 - Nonconforming uses of land.

A nonconforming use of land may be continued, transferred or sold, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use. Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained as provided in Chapter 17.32.

A nonconforming building may continue to be used as follows:

A.

Changes to Building. The enlargement, extension, reconstruction or structural alteration of a building, that is nonconforming only as to height and setback regulations, may be permitted if such additions or improvements conform to all other applicable provisions of this chapter, and the exterior limits of new construction do not encroach any further into the setback than the comparable portions of the existing building.

B.

Maintenance and Repair. A nonconforming building may undergo normal maintenance and repairs, provided no structural alterations are made and the work does not exceed fifteen percent of the appraised value thereof as shown in the assessor's records in any one-year period.

The nonconforming use of a building that otherwise conforms with all applicable provisions of this title may be continued, transferred and sold, as follows:

A.

Expansion of Use. The nonconforming use of a portion of a building may be extended throughout the building provided that a use permit, as provided in Chapter 17.32, is first secured in each case.

B.

Substitution of Use. The nonconforming use of a building may be changed to a use of the same or more restricted nature.

If a nonconforming building, or a conforming building used for a nonconforming use, is damaged, destroyed, or demolished, the right to continue occupancy on the nonconforming building, or to continue the nonconforming use shall cease; provided, however, that such building or structure may be repaired or rebuilt and reoccupied only as follows:

A.

If damage to the building or structure does not exceed fifty percent of the total replacement value prior to destruction, it may be restored and the use continued provided that:

1.

Building permits shall be secured within twelve months after the date of the damage and construction shall be diligently pursued to completion; and

2.

The reconstructed building shall have no greater floor area than the one damaged.

B.

If damage to the building or structure exceeds fifty percent of the total replacement value prior to destruction, a use permit shall be required to authorize the restoration of such building or structure and continue the use, upon a determination by the planning commission that the nonconformity has not been a nuisance to surrounding uses, and that re-establishing the use will not be detrimental to the public health, safety, or welfare. The procedural requirements for any hearing to consider restoration of a nonconforming building or structure as provided in this section shall be the same as those for a use permit provided in Chapter 17.32. Any building reconstructed subject to this sub-section shall meet the same time and building-area requirements of subsections (A)(1) and (2) above, or as determined by the planning commission.

If a nonconforming use of land or a nonconforming use of a conforming building is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Without further action by the county, further use of the site or building shall comply with all the regulations of the zone district in which the building is located, and all other applicable provisions of this title.

Only the requirements of Section 17.33.060 above shall apply to any legally established, nonconforming, single-family residential use.

Chapter 17.33A - NONCONFORMING LOTS OF RECORD

Sections:

17.33A.005 - In general.

A nonconforming parcel of land that does not comply with the access, area or width requirements of this title for the zone district in which it is located, shall hereby be considered to be a lawful building site and may be used as a building site if it meets one of the criteria specified by this section.

17.33A.010 - Approved subdivision.

The parcel was created through a subdivision approved by the subdivision review committee, planning commission and/or board of supervisors as provided by the Trinity County Subdivision Ordinance, or other local and state subdivision regulations applicable at the time the map was submitted for review and approval.

17.33A.020 - Individual parcel legally created by deed.

Any parcel of land under one ownership and of record, that was legally created by a recorded deed prior to the effective date of the zoning enactment which made the parcel nonconforming.

17.33A.030 - Lot line adjustment.

The configuration and size of the parcel resulted from a boundary line adjustment as provided in the subdivision ordinance.

Chapter 17.34 - HEARINGS AND APPEALS

Sections:

The provisions of this chapter apply to and govern the procedural requirements for any hearing or appeal; provided, however, that if a provision of any other section expressly provides any such requirements shall be done in the manner different from the provisions of this section, such deviation shall control over any inconsistent provisions of this section.

An applicant for a hearing on any matter affecting specific property may be one or more holders of an interest in such property, or his agent. An applicant may initiate the procedure for a hearing in the following manner:

A.

Application. The applicant shall submit his or her application on a form provided by the planning director. The planning director shall accept the application as complete pursuant to procedures indicated in Chapter 17.30E of this title.

B.

Fees. Fees are required for any entitlement required by this title unless the board of supervisors, waives the fee prior to submittal of an application. The required fees for any such application not waived shall be governed by the provisions of Chapter 17.30E of this title.

By resolution, the board of supervisors or planning commission may initiate the procedure for a hearing. Upon receipt of such a resolution the planning director shall file the necessary application.

Notice of a hearing shall include the time and place of the hearing, a general description of the matter to be considered, a general description of the property involved in the proceedings, and shall state what environmental determination, if any, has been made on the application to be considered at the hearing.

Failure of any person to receive notice as required by the provisions of this title shall not affect the validity of the hearing held pursuant to the provisions of this section, nor prevent the architectural review board, planning commission, or board of supervisors from proceeding with any such hearing.

Where a public hearing is required by this title, the notice of the hearing shall be as follows:

A.

The planning director shall cause notice of the hearing to be posted in the nearest post office to the subject property, at least ten days prior to the date of the hearing.

B.

Written notice of the hearing shall be caused to be mailed by the planning director at least ten days prior to the hearing to the following property owners, using for notification purposes names and mailing addresses as shown on the latest equalized assessment roll in existence of the date application is filed.

1.

All owners of property located within a radius of three hundred feet from the property involved in the proceedings.

The owners of all property, which adjoins the property in the same ownership as that involved in the proceedings or is separated only by a street, alley, right-of-way, or other easement.

3.

Notwithstanding subsections 1 and 2 above, notice need not be given to property owners outside a radius of five hundred feet from that portion of the property involved.

C.

The planning director shall cause notice of the hearing to be given in a newspaper of general circulation at least ten days prior to the date of the hearing.

When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record.

Minutes or a synopsis of any hearing held pursuant to the provisions of this section shall be made available to any person at cost.

The hearing body may grant, in whole or in part, or refuse to grant, modify, or condition the proposed action. On appeal, the hearing body may affirm, reverse, condition, or modify, in whole or in part, the decision on the proposed action. Provided, however, that no decision by the hearing body shall permit the applicant to do an act which was not described in the "general explanation of the matters to be considered" included in the notice of the hearing or the notice of appeal.

The hearing body shall render a decision or recommendation within one hundred twenty days from the date of the hearing on the application. The hearing may be continued by mutual consent of the hearing body and the applicant. The time limit for this determination may be extended by mutual consent of the hearing body and the applicant. If, at the expiration of the time herein provided, the hearing body has not rendered a decision or made a recommendation, the applicant may, by letter to the hearing body, indicate this intent to treat his application as denied or disapproved. Applicant may then appeal or seek other appropriate remedies in accordance with the provision of this section.

The timely filing of appeal to either the planning commission or board of supervisors stays proceedings until the determination of the matter on appeal. A decision of the planning commission shall become final upon expiration of the time within which an appeal from that decision may be taken. A decision of the board of supervisors shall be effective forthwith unless otherwise provided by the board of supervisors at the time the decision is rendered. Nothing in this paragraph shall be construed to shorten the time within

which a decision by ordinance adopted by the board of supervisors becomes effective. No appeal shall be accepted unless it is timely filed.

Except as otherwise provided in this title, if any application for any permit of any county body or official having such authority is denied or approved by any county body or official and no other body is designated in this title to hear an appeal, the applicant, or any interested person adversely affected, upon payment of the appropriate appeal fee, may file with the clerk of the board of supervisors, a written notice of appeal to the board of supervisors from such decision within ten working days of said decision. The following subsections shall address appeals of decisions rendered by the planning director, architectural review board and planning commission:

A.

Decision of the Planning Director. Any person dissatisfied with any action of the planning director may appeal therefrom to the planning commission at any time within ten working days after notice of the decision is given. Such an appeal is taken by filing a notice of appeal with the planning director and paying the required appeal fee. Upon filing of a notice of appeal, the planning director shall within ten days transmit to the secretary of the planning commission all papers and documents on file with the planning director relating to the appeal and schedule the appeal for commission hearing.

B.

Decision of the Architectural Review Board. Any person dissatisfied with a determination by the architectural review board may appeal to the planning commission at any time within ten working days after the decision of the architectural review board. Such appeal shall be filed with the required fees with the planning director on forms provided by the planning director. After the appeal is filed the matter shall be scheduled for commission hearing.

C.

Decision of the Planning Commission. Any person dissatisfied with a determination by the planning commission may appeal the matter to the board of supervisors at any time within ten working days after the decision of the planning commission. Appeal shall be filed on a form provided by the county clerk and accompanied by the required filing fees. After the appeal is filed, the matter shall be scheduled by the county clerk for the board of supervisors consideration.

D.

Permits May Not be Issued. No construction permits, license or other permit for a project or use requiring approval by the appropriate hearing body may be issued until the appeal period following such approval has expired.

No construction permits, license or other permit shall be issued while a hearing on appeal therefrom is pending.

Notice of any appeal shall be given by the clerk or secretary of the hearing body in the following manner:

A.

By posting on a publicly accessible bulletin board at least seven days prior to the date set for hearing; and

B.

By written notice to those persons who appear and identify themselves for the record before the board before which the original hearing was held, those persons who request in writing to be notified on any further proceedings on the matter, the appellant, and the owner of the property affected where such owner is not the appellant. Such notice to be placed in the United States mail at least ten days prior to the date set for the hearing.

Chapter 17.35 - AMENDMENTS

Sections:

The provisions of this section shall apply to and govern the procedural requirements for amendments of zoning ordinance and general plan.

The general plan of the county of trinity consists of those documents and maps adopted by the board of supervisors which, as adopted or as amended from time to time, set forth the objectives, principles, and the plan proposals which constitute a statement of the development policies of the County of Trinity.

The zoning ordinance consists of this title and its accompanying maps.

Proceedings for a general plan or zoning ordinance amendment may be initiated by application of any owner, lessee or other person having the right of possession to the land sought to be reclassified. Whenever such application is made by a person having less than the fee simple title to the land, the holders of the reversionary or remaining interests shall consent thereto in writing. A mortgagee/trustee under a deed of trust, or purchaser under a contract of sale, shall not be considered the owner of the fee simple title to the land.

A.

Application. The applicant shall submit his or her application on a form provided by the planning director. The planning director shall accept the application as complete pursuant to procedures as set forth in Chapter 17.30E of this title.

B.

Fees. Fees are required for any entitlement required by this title unless waived by the board of supervisors, prior to submittal of an application. The required fees for any such application not waived shall be governed by the provisions of Chapter 17.30E of this title.

By resolution, the board of supervisors or the planning commission may initiate the procedure for amendment. Upon receipt of such a resolution, the planning director shall file the necessary application.

A.

Hearings and Notice. At least one hearing for an amendment shall be conducted by the planning commission. The procedural requirements for any such hearings and notice shall be governed by the provisions of Chapter 17.34 of this title.

After the conclusion of the planning commission hearing, the planning commission shall recommend approval or denial of the application for an amendment to the general plan or zoning ordinance, including findings in support of its recommendations to the board of supervisors.

The clerk of the board of supervisors shall provide public notices, posting, mailing or advertising in the same manner as provided for the planning commission hearing. However, the required public notices may be incorporated with the planning commission notices. The clerk of the board of supervisors shall place the general plan or zoning amendment request on the agenda for hearing before the board within forty-five days of receipt of the planning commission recommendation, and notify the applicant in writing of the time, date and place of the hearing not less than five days before the board hearing.

After completion of said public hearing, the board of supervisors may approve, disapprove or modify an amendment by adoption of an ordinance in the case of a request concerning the zoning ordinance or by adoption of a resolution in the case of a request concerning the general plan.

Whenever a proposed development plan or a representation concerning development made by the applicant, or a stipulation concerning site plan review, is a material factor in the decision of the board of supervisors to approve the rezoning of property, that rezoning shall be subject to and the ordinance of rezoning shall so provide for, the following:

A.

The ordinance shall contain a statement of reference to the proposed development plan or a statement of the representation made by the applicant which is the material factor to the action of rezoning.

B.

If an application for a building permit or other construction permit is filed for a development plan or representation referred to in the ordinance of rezoning, the matter shall be referred to the planning commission for review and such action as it may deem warranted, including action to initiate the rezoning

of the subject property back to its original zoning classification or to some other classification it may deem appropriate, and no building permit shall be issued pending these proceedings.

C.

In a rezoning proceeding where a proposed development plan is not provided by the applicant, it may be stipulated as a condition to the rezoning and in order to insure that future development will relate to characteristics of the site and the surrounding area, that no building permit or other construction permit shall be issued for any development of the property rezoned until there has first been review and approval of preliminary and final site plans by the planning commission. Such review and approval shall be limited to the following:

1.

Considerations relating to site layout, the orientation and location of buildings, signs, other structures, open spaces, landscaping and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties.

2.

Considerations relating to traffic safety and traffic congestion, including the effect of the site development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exists, drives, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development.

3.

Considerations necessary to insure that the proposed development is consistent with the general plan and all applicable specific plans.

A.

There may be imposed as a condition of rezoning any property a requirement that land be dedicated for road purposes only to the county in fee whenever the board of supervisors finds that:

1.

The area proposed to be dedicated is to be used for a public purpose which will provide substantial benefits to the property in question;

2.

Dedication of such area will not prevent a reasonable use of the property;

3.

The dedication is in accordance with definite principles and standards set forth in an element of the general plan or any specific plan; and

4.

Improvement of the area to be dedicated will either be provided by applicant for rezoning or will be accomplished within a reasonable time after development has occurred in the vicinity of the property required to be dedicated.

B.

Designation of Ordinance. Whenever a dedication of property has been required pursuant to this subsection as a condition of rezoning, the ordinance approving such rezoning shall state the purpose of the dedication, shall include the legal description of the portion of the property, which is to be dedicated, and shall indicate the time and conditions applicable to making such dedication.

C.

Timing of Dedication.

1.

When a dedication is required as a condition of rezoning of property for which a tentative subdivision map is approved for the same development, the offer of dedication shall be made in connection with the approval of the final subdivision map at the same time and in the same manner as is provided for dedications required as conditions of approval of subdivision maps in accordance with Title 16 of the county code.

2.

When a dedication is required as a condition of rezoning for which a subdivision map is not required for the proposed development, the applicant, prior to the approval of the rezoning, shall make an irrevocable offer of dedication, conditioned upon the approval of the rezoning and in a form approved by the county counsel. Said offer shall be effective upon the effective date of the ordinance rezoning the property.

Chapter 17.36 - ENFORCEMENT, LEGAL PROCEDURES, PENALTIES

Section:

All departments, officials, and public employees of the County of Trinity which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

A.

It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. It shall be the duty of the sheriff of the County of Trinity, and all officers of said county herein and/or otherwise charged by law with the enforcement of this title to enforce this title, and all the provisions of the same.

B.

Any person, firm, or corporation, who violates any of the regulatory provisions of this title is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted, and shall be punished accordingly.

C.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this title, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of this title, shall be, and the same is hereby declared to be unlawful and a public nuisance, and the district attorney of said county shall, upon order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction, to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation, from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this title.

D.

The remedies provided for herein shall be cumulative and not exclusive.

Chapter 17.37 - REPEALING

Section:

All ordinances and parts of ordinances of said county in conflict with this title, to the extent of such conflict and no further, are hereby repealed.

Chapter 17.38 - Validity

Section:

If any section, subsection, sentence, clause, or phrase of this title, is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this title. The board of supervisors hereby declares that it would have passed this title and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Chapter 17.39 - REFERENCE

Section:

This title shall be known and cited as "The Zoning Ordinance of the County of Trinity."

Chapter 17.40 - ENACTMENT

Section:

This title shall be and is hereby declared to be in full force and effect thirty days after the date of its passage. Before the expiration of fifteen days after its passage it shall be published once, with the names of the members voting for and against same in the weekly Trinity Journal, a newspaper published in said County of Trinity, State of California.

Chapter 17.41 - MARIJUANA (CANNABIS) DISPENSARIES

Sections:

Except as allowed under Chapter 17.43(H), Cannabis Storefront Retail, the establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted use in any of the following zoning districts, even if located within an otherwise permitted use: Retail commercial (C-1), general commercial (C-2), highway commercial (H-C), heavy commercial (C-3), and industrial (I). No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana Dispensary shall be approved by the County of Trinity or any officer or employee thereof in any of the above districts.

(Ord. No. 315-795, § 1, 10-18-11; Ord. No. 315-852, § III, 7-19-22)

17.41.020 - Definitions.

As used in herein, the terms below shall mean as follows:

"Marijuana dispensary" means any of the following:

1.

Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where any person(s) (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s) with an identification card") makes available, sells, gives, distributes, or otherwise provides marijuana to any two or more other persons (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s) with an identification card") pursuant to Health and Safety Code Sections 11362.8 and/or 11362.7 et seq. or otherwise; or

2.

Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate to make available, sell, give away, distribute, or otherwise provide marijuana for medicinal marijuana "cooperatives" and "collectives."

The terms "primary caregiver," "qualified patient," "person with an identification card," "cooperative," and "collective" shall be as defined in Proposition 215 (Health and Safety Code Section 11362.5) and Senate Bill 420 (Health and Safety Code Sections 11362.7 et seq.)

(Ord. No. 315-795, § 1, 10-18-11)

The exclusion of any zoning district from the provisions of this chapter, as specified in 17.41.010, does not, nor shall not, express or imply that marijuana dispensaries are or ever have been lawful uses, either as permitted or conditional uses, within that district.

(Ord. No. 315-795, § 1, 10-18-11; Ord. No. 315-852, § III, 7-19-22)

Chapter 17.42 - MEDICAL CANNABIS CULTIVATION REGULATIONS

Sections:

A.

In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances.

B.

In 2004, the Legislature enacted the Medical Marijuana Program Act, "MMPA," Senate Bill 420 (codified as California Health and Safety Code Section 11362.7 et seq.) to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to specified state criminal statutes.

C.

In recent years, Trinity County has seen a proliferation of illegal marijuana cultivation operations that falsely claim to be conducted in accordance with Proposition 215 and the MMPA. These operations grow marijuana not just for individuals living on the property where the marijuana is grown, but for numerous others—sometimes hundreds of persons—many of whom do not live in Trinity County, and whose status as qualified patients or primary caregivers is questionable.

D.

The proliferation of illegal marijuana cultivation operations within the county—particularly as pertains to operations intended to serve persons who are not Trinity County residents, poses serious threats to the health, safety, and well-being of the county and its residents. The deleterious impacts of such widespread cultivation include, but are not limited to: Degradation of the natural environment associated with large

marijuana grows, including diversion of, and discharges into, streams, creeks, and other natural watercourses; taking of endangered species, such as the Coho Salmon and Northern Spotted Owl; on-site grading without regarding to topography or erosion control, causing sedimentation of water bodies; erection of unpermitted and illegal buildings and structures; disposal of human waste without connection to sewage or septic systems; disposal of garbage and rubbish directly onto the property of grow sites; and the abandonment of grow sites without remediation of the aforementioned impacts.

E.

The impact of such illegal cultivation operations has been particularly acute in residential areas of the county. Property owners in these areas, many of whom have moved to the community very recently, have planted several marijuana plants, sometimes as many as hundreds, on their properties. These plants are often directly visible to surrounding properties and visible from public streets. Plants also are sometimes cultivated openly and visibly near public schools, day care facilities, parks, and other areas where children are present. Throughout the growing and processing seasons, and especially during and immediately following harvesting, noise, lighting, unpermitted structures, and vehicle traffic associated with the grow operations continue into late hours of night and early morning. As the marijuana plants bud, they also can produce a very distinct and annoying odor (sometimes described as "skunky") that can often be smelled many hundreds of feet away from the property where they are grown and throughout the community.

F.

In light of the considerable and extensive public comments provided to the planning commission and board of supervisors, received during numerous meetings held over a period of three years, the board of supervisors concludes that the deleterious impacts of illegal marijuana cultivation, as described above, are fully confirmed and supported by the great weight of evidence. The board further concludes these impacts create significant public nuisances and that the failure to enact regulations to control such operations

would be detrimental to the public health, safety, and welfare and would result in further and significant degradation of the environment.

(Ord. No. 315-797, § 1, 6-5-12; Ord. No. 315-852, § III, 7-19-22)

As used within, the following terms are defined as follows:

"Marijuana" shall refer to any plant of the genus cannabis.

"Primary caregiver," as described in People v. Mentch (2008) 45 Cal.4th 274, is a person who:

1.

Consistently provided caregiving to a qualified patient,

2.

Independent of any assistance in taking medical cannabis,

3.

At or before the time he or she assumed responsibility for assisting with medical cannabis.

"Qualified patient" means a person who is entitled to the protections of Health and Safety Code Section 11362.5 (Proposition 215).

(Ord. No. 315-797, § 1, 6-5-12)

Editor's note— Ord. No. 315-852, § III, adopted July 19, 2022, repealed § 17.42.030, which pertained to unauthorized land—declaration and derived from Ord. No. 315-797, § 1, adopted June 5, 2012.

Neither the county nor any of its officials, employees, or staff members shall take any action to enforce any provision of this title against any person who satisfies all the requirements of this chapter. Persons who satisfy all such requirements shall be considered immune from enforcement of this title against them so long as their compliance with this chapter continues.

(Ord. No. 315-797, § 1, 6-5-12; Ord. No. 315-852, § III, 7-19-22)

Cultivation, harvesting, processing, drying, and assembling of marijuana shall meet the requirements of this chapter only if such activities are undertaken for personal use.

(Ord. No. 315-797, § 1, 6-5-12; Ord. No. 315-852, § III, 7-19-22)

Activities shall be considered to be conducted for personal use in accordance with Section 17.42.050 only if they are conducted to provide for the medical needs of qualified patients living on the parcel, and/or up to no more than one qualified patient living off the parcel, and if the activities meet all the following standards:

A.

The activities are conducted exclusively on a legal parcel of property on which a single-family residence is located.

B.

Only qualified patients or qualified caregivers conduct the activities.

C.

If any person conducting the activities is not the lawful owner of the parcel, such person shall maintain a notarized letter from the legal owner(s) consenting to the cultivation, harvesting, processing, drying, or assembling of marijuana on the parcel.

D.

Each building or outdoor area in which marijuana is cultivated, harvested, processed, dried, or assembled shall be set back from the property boundaries at the farthest feasible location from neighboring residences, but at a minimum in accordance with the applicable zoning regulations, including setback limitations, for the district in which the property is located.

E.

Marijuana being cultivated, harvested, processed, dried, or assembled must be secured from public access, and must not be readily visible from off the parcel. All marijuana cultivated outdoors shall be located behind a fully enclosed opaque fence of at least six feet in height. The fence may not be constructed or covered with plastic or cloth, except that shade cloth may be used on the inside of the fence. Vegetative fences shall not constitute an adequate fence under paragraph. The fence must be adequately secured to prevent unauthorized entry. All processed marijuana must be secured to deter theft.

F.

Marijuana may not be cultivated, harvested, processed, dried, or assembled outdoors within one thousand feet of any school, recreation center, youth center, church, library, child-care facilities, substance abuse center or other public gathering area, nor shall such activities be undertaken within five hundred feet of any school bus stop.

G.

The cultivation, harvesting, processing, drying, or assembling of marijuana shall comply with the all applicable building, zoning, and environmental regulations set forth in this title and all other provisions of the county code and state law.

H.

The power source for the activities shall comply with all appropriate building and fire code standards and permitting criteria. Should a generator be used, the fuel-storage facility shall be reviewed and approved by the appropriate agency. If public utilities are available the site must connect to those utilities. Noise impacts from generator use shall be limited to the hours of eight a.m. to eight p.m.

I.

The use of butane to enhance or for additive purpose in processing marijuana is prohibited.

(Ord. No. 315-797, § 1, 6-5-12)

17.42.070 - Maximum number of plants; square footage.

The marijuana grown on any parcel shall not exceed the following number of plants or square footage in size:

A.

For parcels of one acre or less, two marijuana plants or fifty square feet;

B.

For parcels between one acre and two and one-half acres, four plants or one hundred square feet;

C.

For parcels between two and one-half acres and five acres, six plants or two hundred square feet;

D.

For parcels between five and ten acres, six plants or three hundred square feet;

E.

For parcels of ten acres or greater, eight plants or four hundred square feet.

For

purpose of these size restrictions, any stacked growing levels or stories shall be measured separately as part of the total area permitted. The term "area," as used in this section, shall also be considered contiguously (i.e., plants may not be grown in separate areas of the property and their respective square footages combined to calculate area.) No part of a plant's canopy shall extend beyond the perimeter of the permitted area.

(Ord. No. 315-797, § 1, 6-5-12)

An individual property may also cultivate additional marijuana plants so long as such plants are immature. An immature plant is one where no part of the plant is flowering or displaying its sex. The number of immature plants that may be cultivated, when combined with the number of mature plants, shall not exceed twice the number of plants permitted for each size category stated in Section 17.42.070.

(Ord. No. 315-797, § 1, 6-5-12)

Indoor cultivation of mature marijuana plants shall be limited to the same maximum size standards as stated in Section 17.42.070. Such cultivation may be conducted only in an approved accessory structure appropriate for that purpose, as defined by the current California Building and Fire Code standards.

(Ord. No. 315-797, § 1, 6-5-12)

Should marijuana cultivation, harvesting processing, drying, or assembling activities generate any odorrelated complaint from property owners or residents who reside within one-quarter mile (one thousand three hundred twenty feet) from the location of the parcel on which the activities occur, and if such odor can be independently verified in the location by a designated county representative, the county may declare the creation of such odor a public nuisance and abate the same in accordance with Chapter 8.64 of the county code or other applicable law.

(Ord. No. 315-797, § 1, 6-5-12)

17.42.110 - Other provisions.

A.

This chapter shall be enforced only by means that are civil in nature. The county shall not commence or undertake any criminal proceedings to enforce this chapter.

B.

Any activities conducted under this chapter must strictly comply with Proposition 215, the MMPA, and the California Attorney General's Guidelines for Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended.

C.

Neither the ordinance codified in this chapter, nor any of its provisions, shall be deemed to provide a defense or immunity to any action brought against any person by the Trinity County District Attorney, the Attorney General of State of California, or other state law enforcement authority. Nor is this chapter intended to alter or exempt any provision of federal law prohibiting the cultivation, processing, drying, assembly, or of cannabis, or the enforcement of federal law by federal authorities.

(Ord. No. 315-797, § 1, 6-5-12)

Chapter 17.43 - COMMERCIAL CANNABIS CULTIVATION REGULATIONS[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 315-849, § 1, adopted December 28, 2020, repealed the former Chapter 17.43, §§ 17.43.010—17.43.090, and enacted a new Chapter 17.43 as set out herein. The former Chapter 17.43 pertained to similar subject matter and derived from Ord. No. 315-843, adopted February 20, 2019 and Ord. No. 315-848, adopted December 15, 2020.

17.43.010 - Definitions.

As used herein the following definitions shall apply:

"Active building permit" means holding a valid Trinity County Building Permit and is compliant with all Trinity County Building Department requirements for building.

"Agricultural commissioner" or "agricultural commissioner's office" means the Trinity County Agricultural Commissioner's Office or the authorized representatives thereof.

"Area" is the measurement of cannabis plant growth in square feet as defined by the California Department of Food and Agriculture. As of December 21, 2016, the area is defined as canopy area, but it is subject to change. All changes by California Department of Food and Agriculture are automatically incorporated herein.

"Attorney general's guidelines" means guidelines for the security and non-diversion of cannabis grown for medical use issued by the attorney general in August 2008.

"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 of California, or as may be amended.

"CDFW" means the California Department of Fish and Wildlife.

"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

"Commercial cannabis" means any commercial cannabis activity allowed under MMRSA, AUMA and/or MAUCRSA (SB 94), as limited by the allowable licenses below, as may be amended from time to time, and all uses permitted under any subsequent enacted state law pertaining to the same or similar use for recreational cannabis. Prior to January 1, 2018, the cannabis shall be for medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215) found at Section 11362.5 of the Health and Safety Code.

"Cultivation" means the planting, growing, harvesting, drying or processing of cannabis plants or any part thereof.

"Designated area" means the hoop-house, greenhouse, and/or outdoor area(s), identified for the planting, growing and harvesting of cannabis, excluding drying, processing and other post-harvest cultivation activities. Designated area shall not exceed two hundred percent of the area for the license type unless otherwise approved by the planning director; canopy (mature plants) will not exceed the square footage allowed per license type and the additional square footage shall include immature plants (in a vegetative state prior to flowering) and access areas. Licensees propagating immature plants for distribution or seed for distribution to another licensee shall obtain a nursery license.

"EPA" means the United States Environmental Protection Agency.

"Fully enclosed and secure structure" means a space within a building or other structure, excluding greenhouses, which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

"Immature" which is defined under California Code of Regulations Section 8000, and, at the time of enactment, means cannabis plant that is not flowering.

"Indoor" means within a "fully enclosed and secure structure" as defined herein, using artificial lights at a rate greater than twenty-five watts per square foot.

"Legal dwelling" means a building intended for occupancy as living quarters built prior [to] 1972 or that is properly permitted by the County.

"Legal parcel" means a parcel with a distinct and separate assessor's parcel number. Where contiguous legal parcels are under identical ownership by an individual or an entity, such legal parcels shall be counted as a single parcel for purposes of this chapter. "Marijuana" and "cannabis" are used interchangeably and means any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

eans a parcel with a distinct and separate assessor's parcel number. Where contiguous legal parcels are under identical ownership by an individual or an entity, such legal parcels shall be counted as a single parcel for purposes of this chapter. "Marijuana" and "cannabis" are used interchangeably and means any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Mature" which is defined under California Code of Regulations Section 8000, and, at the time of enactment, means a cannabis plant that is flowering;

"Medical Cannabis" means cannabis or cannabis plant used for medicinal purposes in accordance with California Health and Safety Code Section 11362.7 et seq.

"Mixed light" means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure using one of the artificial lighting models described below:

"Mixed-light Tier I" which is defined under California Code of Regulations Title 3 Division 8 Chapter 1 Article 1 Section 8000, and, at the time of enactment, means the use of artificial light at a rate of six watts per square foot or less;

"Mixed-light Tier 2" which is defined under California Code of Regulations Section 8000, and, at the time of enactment, means the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot.

"Outdoors" or "outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting in the canopy area at any point in time. Artificial lighting is permissible only to maintain immature plants. Light deprivation is permitted.

"Planning department" means the Trinity County Planning Department, or department or agency that is designated by the Trinity County Planning Director.

"Premises" means the designated structure(s) and land specified in the application that is owned leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises may only be occupied by one county commercial cannabis cultivation license type. Multiple additional commercial cannabis activities (i.e. nursery, distribution, manufacturing, etc.) may exist on the same legal parcel.

"Primary caregiver" means a "primary caregiver" as defined in Health and Safety Code Section 11362.7(d).

"Proof of enrollment" shall mean proof of order number in good standing from the NCRWQCB or the State Water Resource Quality Control Board.

"Qualified patient" means a "qualified patient" as defined in Health and Safety Code Section 11362.7(t).

"Residential treatment facility" means a facility providing for treatment of drug and alcohol dependency.

"Self-transport" means the transportation within the State of California by a licensed cultivator of their own cannabis grown from their own licensed cultivation site. "School" means an institution of learning for minors, whether public or private (excluding homeschools), offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education.

"Site" has the same meaning as "premises" as defined within this chapter.

"Summary abatement" means the removal of an immediate threat to the public health or safety.

"SWRCB" means the California State Water Resources Control Board.

"Watts per square foot" which is defined under California Code of Regulations Section 8000, and, at the time of enactment, means the sum of the maximum wattage of all lights identified in a designated canopy area(s) in the cultivation plan divided by the sum of the dimension in square feet of designated canopy area(s) identified in the cultivation plan.

"Wildlife exclusionary fencing" means fencing designed and installed to prevent the entry of wildlife into the enclosed area, such as cyclone or field game fencing a minimum of six feet high measured from grade.

"Variance" is defined as Trinity County Ordinance No. 315, Section 31.

"Youth-oriented facility" means public park, school, authorized bus stop or any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-849, § 1, 12-28-2020)

A.

Issuance of a license grants provisional permission to cultivate cannabis plants within the guidelines of this chapter and state law. After receipt of a license, applicants who cultivate pursuant to the guidelines of this chapter and applicable state law will be exempt from the plant count restrictions in the existing Trinity County Personal Grow Ordinance (Zoning Ordinance No. 315-797) and/or AUMA, whichever is greater. Instead, applicants will be subject to the cultivated square footage provisions as defined by state regulations and allowed in this chapter.

B.

Any licensing, except for specialty cottage outdoor that qualifies under two thousand square feet cultivation area and less than five percent slope, provided under this chapter will require enrollment as dictated by the SWRCB in the NCRWQCB Order #2015-0023 or in the SWRCB's Order regulating discharge requirements for discharges of waste associated with cannabis cultivation activities. Applicants, except for specialty cottage outdoor applicants, shall have been compliant with this requirement during the application period covered by the urgency ordinance to develop a record of environmental compliance. Applicants for specialty cottage outdoor shall enroll under the SWRCB's order on or before the date of application for a Trinity County commercial cultivation license.

C.

Approval of a license grants provisional permission to cultivate cannabis plants within the County of Trinity.

D.

Any licensing required under this chapter will require enrollment as dictated by the SWRCB in the NCRWQCB Order #2015-0023 or in the SWRCB's order regulating discharge requirements for discharges of waste associated with cannabis cultivation activities.

E.

Application for a license pursuant to this chapter does not give the applicant any property rights, and it is not a license or a guarantee that a license shall be issued. Application does not equate to non-conforming entitlement and the application is only transferrable under the conditions in Section 17.43.030(E).

F.

Use of cannabis is not recognized under federal law and Trinity County does not grant any right to violate federal law.

G.

Should the state begin issuing cannabis cultivation licenses under MAUCRSA, MMRSA and/or AUMA, an applicant or licensee pursuant to this chapter and who can otherwise demonstrate consistent compliance with this chapter, Trinity County Code and all other relevant laws and regulations, shall be provided a provisional license that may be used as evidence of local compliance for the purposes of Business and Professions Code § 19322(a)(2). Receipt of a provisional license shall suffice as adequate documentation of local compliance for the purpose of applying for a state license under Business and Professions Code § l9322(a)(2).

H.

County licensees shall obtain the appropriate state licenses with the appropriate state licensing authority within ninety days of obtaining a county license. Issuance of a county license does not guarantee the issuance of a state license. Issuance of a state license does not guarantee the issuance of a county license.

I.

Notwithstanding any other provision of this chapter, a person participating in the cultivation of cannabis who is licensed pursuant to this chapter, but who applies for and is denied a state license, shall immediately cease all cannabis cultivation in violation of the personal grow ordinance (Zoning Ordinance No. 315-797) within the county until he/she successfully obtains the proper State cultivation license(s).

(Ord. No. 315-849, § 1, 12-28-2020)

17.43.030 - Application requirements.

A.

All applicants will be required to comply and provide the following:

1.

Proof of intent to comply with all county setback requirement.

a.

Specialty Cottage.

i.

"Specialty cottage outdoor" is an outdoor cultivation site with up to twenty-five mature plants. If cultivation area is under two thousand square feet with a slope less than five percent a water board permit is not required. Or if cultivation area is between two thousand and two thousand five hundred square feet or if under two thousand square feet with a slope greater than five percent a water board permit is required.

ii.

"Specialty cottage indoor" is an indoor cultivation site with five hundred square feet or less of total canopy.

iii.

"Specialty cottage mixed-light Tier 1 and 2" is a mixed-light cultivation site with two thousand five hundred square feet or less of total canopy.

b.

Specialty.

i.

"Specialty outdoor" is an outdoor cultivation site with less than or equal to five thousand square feet of total canopy, or up to fifty mature plants on noncontiguous plots.

ii.

"Specialty mixed-light Tier 1 and 2" is a mixed-light cultivation site between two thousand five hundred one and five thousand square feet of total canopy.

c.

Small.

i.

"Small outdoor" is an outdoor cultivation site between five thousand one and ten thousand square feet of total canopy.

ii.

"Small mixed-light Tier 1 and 2" is a mixed-light cultivation site between five thousand one and ten thousand square feet of total canopy.

d.

Medium.

i.

"Medium outdoor" is an outdoor cultivation site between ten thousand one square feet and one acre of total canopy.

e.

All other license types are not allowed at this time by the County of Trinity, unless adopted by the county in subsequent ordinance or ordinances.

2.

Proof of enrollment in good standing with NCRWQCB Order #2015-0023 or the SWRCB.

3.

Apply for and obtain a board of equalization seller's permit.

4.

Employ only persons who are at least twenty-one years of age and comply with all applicable state and federal requirements relating to the payment of payroll taxes including federal and state income taxes and/or contributions for unemployment insurance and state worker's compensation and liability laws.

5.

Applicant cannot have been convicted of a serious felony or Schedule I, II or III Felony, excluding a nonserious felony conviction for sale, transportation or cultivation of cannabis, except if the conviction is on public lands. Applicants will have to declare this under penalty of perjury on one of the application forms.

6.

As a condition of registering any cannabis cultivation site pursuant to this chapter, the applicant and, if different, the property owner shall execute an agreement to defend, indemnify and hold harmless the County of Trinity and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, boards, planning commission or board of supervisors arising from the county's registration of the site. The indemnification shall apply to any damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.

7.

If using a permitted well, a copy of the Trinity County well permit shall be provided.

8.

At the time of renewal or application for the 2018/19 license cycle and after, the applicant shall designate on their application or renewal application whether they intend to cultivate for adult or medicinal use.

9., 10.

Reserved.

11.

Provide all documentation, reports, and other information required by Section 17.43G.030 of this code.

12.

Annual relicensing of cannabis operations licensed before 2019 shall require a one-time historic building evaluation, and the results of the evaluation shall be submitted to the county if buildings on-site are over 45 years old and are expected to be used in future operations. If the buildings are determined to be a significant historic resource, then the applicant shall be required to comply with historic resource protection

standards set forth in subsection S of Section 17.43G.030 of this code. This requirement does not apply to buildings that are currently being used as part of the cannabis operation. (MM 3.5-1a.)

13.

All cultivation sites (new and licensed renewals) are required to demonstrate compliance with all applicable requirements of SWRCB Order WQ 2019-0001-DWQ, or any subsequent water quality standards that apply to all new commercial cannabis cultivation operations, and will not limited by a minimum area of disturbance as part of application review and at annual licensed renewal. This will include documentation, site management plan, and grading details prepared by a qualified professional to help ensure that the site will be stable and describing how stabilization will be achieved. The documentation will also identify the location of all water quality control features for the site and associated access roads. Roadway design, water quality control, and drainage features shall be designed and maintained to accommodate peak flow conditions and will be consistent with the Road Handbook per California Code of Regulations, Title 14, Chapter 4. Compliance with water diversion standards and restrictions of SWRCB Order WQ 2019-001DWQ, or any successor to that order, will also be provided to the county. The county will annually inspect compliance with this measure as part of license issuance or license renewal to confirm compliance.

On-site sewage systems shall be designed to accommodate employees and seasonal employees during harvest consistent with the requirements of County Code of Ordinances Section 16.48.122. (MM 3.10-1a.)

B.

Applicants consent to compliance inspections as part of their application process. Inspections will be conducted by county officials during regular business hours Monday through Friday, nine a.m. to five p.m., excluding holidays. Applicants are permitted to participate in the inspection verification or monitoring. If possible, Trinity County will attempt to give twenty-four-hour notice of the inspection by posting the notice and/or telephoning the number listed on the application.

C.

All licensed cultivators within Trinity County can self-transport their own product to licensed distributors and/or manufactures as permitted by state law. Cultivators must obtain the appropriate state license permitting self-transport within ninety days of receiving permission from the county. Cultivators must indicate on their Trinity County application that they would like permission to self-transport. If so designated in the application, there will be no additional fees.

D.

All documents/plans/monitoring/inspections filed as part of enrollment become part of the county application.

E.

Ownership of a license may only be transferred under the following conditions:

Licensee may transfer their license as part of the sale of the property for which the license has been issued. The new owner shall reapply, pay applicable fees, and meet all requirements for the property to transfer. All exceptions that apply to the original license shall transfer with the license.

2.

Licensee may transfer their license to other property under their ownership or for which they have a valid rental agreement and certification of permission to grow cannabis on the property. The licensee shall reapply, pay the applicable fees, and meet all requirements for the new property and this chapter in order for the license to transfer.

3.

Licenses cannot be transferred more than once in a calendar year.

4.

The licensee may maintain his/her original license number if they are applying for, or obtaining, an alternative cultivation license.

F.

Each premise upon which cultivation will occur must have a legal dwelling unless licensee is cultivating on a contiguous legal parcel with a legal dwelling which is under identical ownership as the parcel upon which cultivation will occur.

G.

Only one application countywide may be submitted per legal parcel.

(Ord. No. 315-849, § 1, 12-28-2020)

A.

The County will allow a total of five hundred thirty licenses. Thirty of those licenses shall be issued to property within Trinity County Waterworks District #1. Priority in the program shall be based on the following:

1.

Priority will be issued based on the number issued to a Trinity County Commercial Cannabis License number.

B.

The County will allow fifteen Type 3 licenses. These licenses shall be available to those who have already obtained a commercial cultivation license.

To be eligible, the applicant must:

a.

Be applying for property that is fifty acres or more.

b.

Apply for and obtain a conditional use permit.

2.

The director may increase the number of Type 3 Licenses up to thirty if the environmental documents support this increase.

3.

Priority will be given to those that hold a valid 2016/2017 Trinity County license and who submit completed applications by a date determined by director. Thereafter, priority will be given based on the Trinity County Commercial Cannabis License number.

(Ord. No. 315-849, § 1, 12-28-2020)

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 following areas:

1.

Within one thousand feet of a youth-oriented facility, a school, any church, or residential treatment facility as defined herein.

2.

Within five hundred feet of an authorized school bus stop.

3.

A legal parcel without a legal dwelling, or without an active building permit.

4.

Timber production zones (TPZ) with the exception made for qualified Phase I applicants (persons or entities who completed enrollment in the NCRWQCB Order #2015-0023 in reference to a Trinity County-based operation by August 1, 2016).

5.

Residential 1 (R1), residential 2 (R2), or residential 3 (R3) zones.

6.

Within the Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity 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 the following area of the Lewiston Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17, 18, 19, 20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24, 13, which are in 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 by 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, canopy shall not be allowed within three hundred fifty feet of a residential structure on any adjoining parcels. Applications for an administrative buffer reduction— director's use permit will be considered and may be granted by the Trinity County Community Development Director, allowing for an exception to this code section.

9.

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.

(Ord. No. 315-849, § 1, 12-28-2020; Ord. No. 315-856, §§ I, II, 4-16-24)

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 community development director, when the following criteria is met:

1.

The applicant has submitted an application for and has provided documented justification, along with the applicable attenuation plans included in the Appendix C document, for the requested buffer reduction.

2.

That there are circumstances unique to the properties in question that would reasonably allow a buffer reduction.

3.

The buffer reduction must be for a legacy site. "Legacy" means sites developed for cannabis cultivation before the adoption of this ordinance. This definition includes sites which are licensed and unlicensed at the time of the adoption of this ordinance. Sites that have an approved Appendix C document with approved site configurations, will be allowed to apply for a buffer reduction. Sites which are developed after or preexisting sites that have not yet submitted an Appendix C document, which are proposed to be expanded after the adoption of this ordinance, are not considered "legacy," sites.

4.

That the buffer reduction would not result in harm to the public health, safety, or welfare and nearby land uses.

5.

During the review of the documentation submitted, a notice of application and a consent/opposition letter will be sent to affected property owners providing information about the application(s) and identifying the following: 1) the date/time that the community development 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 community development director prior to taking action. If a qualified opposition letter is received, the community development director will deny the buffer reduction application, unless the consent/opposition letter is received pursuant to the exceptions as defined in paragraph 6 below. 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 PC per county code Section 17.34.110(A).

6.

The following situations are considered exceptions from the required three hundred fifty foot distance from an adjacent legal residential structure:

a.

Canopy that is less than the required three hundred fifty foot distance from an adjacent residential structure that is under identical ownership of that of the licensee.

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 license.

c.

Canopy that is found to be less than the three hundred fifty foot distance from an adjacent legal residential structure due to new construction on an adjacent property, since issuance of the original cannabis license and not under ownership of the licensee.

(Ord. No. 315-856, § II, 4-16-24)

17.43.060 - Performance standards for commercial cultivation of cannabis.

Cultivation permit holders and licensees shall ensure compliance with all of the performance standards stated in Section 17.43G.030 and 17.43G.040 of this code. In addition, permit holders and license holders shall ensure compliance with the following additional standards:

A.

It is declared to be unlawful for any person owning, leasing, occupying or having charge or possession of any parcel of land within any unincorporated area of the county to cause or allow such parcel of land to be used for the outdoor or indoor cultivation of cannabis plants in excess of the limitations imposed by this section or personal grow section (Zoning Ordinance No. 315-797) and/or AUMA.

B.

The cultivation of cannabis shall not exceed the noise level standards as set forth in the county general plan: 55 A-weighted decibels (dBA) from seven a.m. to seven p.m. and 50 dBA from seven p.m. to seven a.m. measured at the property line, except that generators associated with a commercial grow are not to be used between ten p.m. and seven a.m. (Section 315-843[6][b]). The following additional noise performance standards shall apply to generator use:

1.

Project-generated sound must not exceed ambient nesting conditions by twenty to twenty-five dBA.

2.

Project-generated sound, when added to existing ambient conditions, must not exceed ninety dBA. (MM 3.4-2n.)

C.

Applicants shall comply with all state laws, including SB 94, regarding surface water, including but not limited to, water used for the cultivation of cannabis needs to be sourced on-site from a permitted well, surface water diversion and/or rain catchment system. If using a permitted well, a copy of the Trinity County well permit shall be provided. The cultivation of cannabis shall not utilize water that has been or is illegally diverted from any stream, creek, river or water source. If water is hauled it shall be for emergencies,

as defined as a sudden, unexpected occurrence, and a bill of sale shall be kept on file from a water district or legal water source.

D.

The cultivation of cannabis shall not create erosion or result in contaminated runoff into any stream, creek, river or body of water. If the designated area has more than a thirty-five percent slope, the applicant shall apply for Tier 2 cultivation under the NCRWQCB Order #2015-0023, or regulations established by the SWRCB.

E.

Cannabis grown outdoors may be contained within wildlife exclusionary fencing that fully encloses the designated area. The director shall review all wildlife exclusionary fencing for esthetic and wildlife and/or human safety concerns, and can prohibit fencing he/she deems unacceptable.

F.

All buildings where cannabis is cultivated or stored shall be secured to prevent unauthorized entry.

G.

Any fuel, fertilizer, pesticide, fungicide, rodenticide, herbicide or other substance toxic to wildlife, children or pets, shall be stored in a secured and locked structure or device. All uses of pesticide products shall be in compliance with state pesticide laws and regulations enforced by the county agricultural commissioner's office, Trinity County Environmental Health and the California Department of Pesticide Regulation.

H.

Hazardous materials and wastes from agricultural businesses are regulated by Trinity County Environmental Health and the Department of Toxic Substances Control Trinity CUPA.

I.

Rodenticides that require a California Restricted Materials permit cannot be used, those that are designated as federally restricted use products can only be used by a certified applicator.

J.

The following rodent repellents may be used in and around cannabis cultivation sites consistent with the label: Capsicum oleoresin, putrescent whole egg solids and garlic.

K.

Any person who is not the legal owner of a parcel and who is cultivating commercial cannabis on such parcel shall provide written and notarized authorization from the legal owner of the parcel prior to commencing cultivation on such parcel.

L.

All lighting associated with the operation shall be downcast, shielded and/or screened to keep light from emanating off-site or into the sky.

M.

Those cultivations using artificial lighting for mixed-light cultivations shall shield greenhouses so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

N.

The cultivation of cannabis shall comply with CalFire and CDFW regulations and any other resource agency having jurisdiction, including all activity but not limited to; clearing of land, stream crossings, water diversions and riparian buffer zones.

O.

Applicant shall obtain coverage under the general permit for discharges of storm water associated with construction activity (construction general permit, 2009-0009-DWQ) for construction projects (individual or part of a common development) that disturb one or more acres of land surface, specifically for new site preparation and development.

P.

An applicant shall not be denied a license for the following reasons:

1.

The property has an unlicensed structure without plumbing or electricity, if the structure is less than one hundred twenty square floor feet.

2.

The property has an unoccupied out-building without plumbing or electricity, if the building was built prior to 2001.

Q.

Nothing in this section shall be construed as a limitation on the County's authority to abate any violation which may exist from the cultivation of cannabis plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure structure.

R.

All licensees shall enroll in the state's track and trace program within sixty days of said program going into effect.

S.

All provisions of this chapter shall apply regardless of whether the activities existed or occurred prior to the adoption of the ordinance codified in this chapter.

T.

Environmental and animal friendly linings should be used when constructing water ponds on the property.

U.

License applications for new cultivation sites and requests for license renewal for sites located within onehalf mile of a county-designated scenic roadway, or scenic byway, or Trinity heritage scenic byway, will provide details on methods to screen the cultivation site from public views along the scenic roadway, scenic byway, or Trinity heritage scenic byway so that the developed site conditions blends with the existing visual character of the viewshed and does not dominate the view. Screening may be accomplished through retention of perimeter trees and other vegetation, revegetation as part of site modification or closure, or other methods determined acceptable to the county with locally appropriate native vegetation. This requirement will not apply to cultivation sites that demonstrate the site is not visible from the scenic roadway, scenic byway, or Trinity heritage scenic byway. Due to the topography of specific sites, a fence may not be adequate to screen a cultivation site from the roadway. For these sites, perimeter trees and other vegetation shall be used. (MM 3.1-1a.)

V.

License applications for new cultivation sites and requests for license renewal will maintain the premises clear of trash and debris piles. No trash or debris, including abandoned cars, various woody materials, plastic tarps, cannabis waste, or household appliances, will be allowed to accumulate on the premises for a period greater than two weeks for the life of the license. The county will inspect compliance with this measure prior to license renewal. (MM 3.1-1b.)

W.

Covered and solid fencing shall be designed to blend with the surrounding rural or natural conditions of the parcel and will be maintained in good working condition. If topography prevents fencing from being adequate screening, a vegetative fence will be maintained in good condition to comply with screening requirements. The county will inspect compliance with this measure prior to license renewal. (MM 3.1-1c.)

X.

Vegetation cleared as part of cultivation operations, or for cultivation purposes, shall not be burned unless proof is submitted that all required permits have been obtained including, but not limited to, a standard burn permit, a non-standard burn permit, and/or CalFire approval for less-than-three-acre conversion. (MM 3.3-1a.)

Y.

Cultivation sites shall not place any structures or involve any grading that alters the capacity of the one hundred-year floodplain. No storage of pesticides, fertilizers, fuel, or other chemicals will be allowed within

the one hundred-year floodplain. All cultivation uses (plants, planter boxes and pots, and related materials) will be removed from the 100-year floodplain between November 1 and April 1 each year. (MM 3.10-1b.)

(Ord. No. 315-849, § 1, 12-28-2020)

A.

Applicant shall be denied a license or the approval of a license shall be revoked if the county becomes aware that:

1.

The applicant has provided materially false documents or testimony;

2.

The applicant has not complied fully with the provisions of this chapter, including any of the requirements of NCRWQCB Order #2015-0023, SWRCB, or CDFW; or

3.

The operation as proposed by the applicant, if permitted, would not have complied with all applicable county and state laws, including, but not limited to; the building, planning, housing, fire and health codes of the county, including the provisions of this chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given up to seven business days after date of written notification to correct deficiencies prior to denying or revoking the license; if the deficiencies are deemed an immediate threat to environmental and/or public health and safety, they shall be corrected immediately.

C.

Applicant shall have the right to appeal any denials to the planning director. Any person dissatisfied with a decision of the planning director may appeal therefrom to the planning commission at any time within ten working days after notice of the decision is given. Such appeal is taken by filing a notice of appeal with the planning director and paying the required appeal fee. Upon filing of a notice of appeal, the planning director shall within ten days transmit to the secretary of the planning commission all papers and documents on file with the planning director relating to the appeal and schedule the appeal for the commission hearing.

D.

Registrant shall have the right to appeal any rescissions as prescribed in Section 8.90.130 of the Trinity County Code.

(Ord. No. 315-849, § 1, 12-28-2020)

A.

Violation of this chapter constitutes a nuisance and is subject to fines and abatement pursuant to Chapter 8.64 and 8.90 of the Trinity County Code.

B.

Summary Abatement.

1.

Notwithstanding any other provision of this chapter, when any unlawful cannabis cultivation constitutes an immediate threat to the public health or safety, and where there is insufficient time to: (1) obtain an inspection warrant, and (2) comply with the abatement procedures set out in Chapter 8.64 of the Trinity County Code, to mitigate that threat; the enforcement official may direct any officer or employee of the county to summarily abate the nuisance.

2.

The county enforcement official shall make reasonable efforts to notify the owner and/or the alleged violator.

3.

The county may recover its costs for summarily abating the nuisance in the manner set forth in Chapter 8.64 and may include any costs on the property owner's tax bill.

(Ord. No. 315-849, § 1, 12-28-2020)

A.

The county shall collect from the applicant a regulatory cannabis cultivation program fee(hereinafter referred to as fee) when an applicant applies for a registration of a cannabis cultivation site with the cannabis division pursuant to this chapter.

B.

Such fee shall fairly and proportionately generate sufficient revenue to cover the costs of administering, implementing and enforcing this chapter.

C.

The cannabis cultivation program fee is set at:

1.

When submitting your application, there will be a non-refundable application fee of fifty percent of the first year's fee for each license that will be applied towards the first year's fees if a license is granted. For new applications the general plan update fee is set at $1,000.00. For all renewal applications the general plan update fee is set at $75.00.

2.

Specialty outdoor and mix light: $3,000.00.

3.

Specialty cottage:

a.

Outdoor: $750.00.

b.

Mix light: $1,000.00.

c.

Indoor: $2,000.00.

4.

Small outdoor and mix light: $5,000.00.

5.

Medium outdoor: $8,000.00.

6.

Administrative buffer reduction—director's use permit: $751.00.

(Ord. No. 315-849, § 1, 12-28-2020; Ord. No. 315-858, § I, 5-7-24)

Chapter 17.43A - WHOLESALE CANNABIS NURSERIES AND RESALE OF AUXILIARY NURSERY PRODUCTS

Sections:

17.43A.010 - Definitions.

"Authorized school bus stop" means any location established by a school district for pick-up and/or delivery of school children.

"Auxiliary nursery sales" means ancillary goods sold within a cannabis nursery that are directly related, supplementary and subordinate to the cannabis products sold within the nursery and that are specifically for planting and promulgation of cannabis.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Cannabis nursery" means a wholesale sales facility operated by a licensee that produces only clones, immature plants, seeds and other agricultural products used specifically for planting and promulgation of cannabis and sold only to licensed commercial cannabis cultivation growers. Retail sales are not permitted.

"Church" means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.

"Residential treatment facility" means a facility providing for treatment of drug and alcohol dependency.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education.

"Youth-oriented facility" means public park, school authorized bus stop and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18)

17.43A.020 - Allowable zoning districts.

All cannabis nursery facilities require a Type 4 state license.

A.

Cannabis nursery facilities may be permitted only in the following zoning districts subject to first securing a planning commission-issued conditional use permit:

1.

Agriculture (A).

2.

Heavy commercial (C-3).

3.

Heavy industrial/manufacturing (M-2).

Light industrial/manufacturing (M-1).

5.

Industrial (I).

6.

Specific unit development (SUD), whose guidelines specifically identify parcels for industrial development.

7.

Agricultural preserve ("AP"). Cannabis nursery facilities in AP zones may not have auxiliary nursery sales.

B.

Regardless of zoning district, cannabis nurseries shall not be permitted within the following areas:

1.

Recreation district #1(RD-1) [this is primarily the area included within the Shasta-Whiskeytown-Trinity National Recreation Area].

2.

Ruth Lake Specific Unit Development [this is primarily the area within the Ruth Lake Recreation Area].

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18; Ord. No. 315-833, § 1, 6-19-18)

17.43A.030 - Regulation of nurseries.

A.

The following requirements shall apply to all cannabis nurseries:

1.

A cannabis nursery shall possess and be in full compliance with a Type 4 state license.

2.

Cannabis nurseries shall not be located within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein or within five hundred (500) feet of an authorize[d] school bus stop. Variances are allowed upon review of the planning commission.

3.

Cannabis nursery operators shall ensure that all clones, immature plants, seeds and other agricultural products are obtained from appropriately licensed cultivation sources and shall implement best practices to ensure that all cannabis products are properly stored, labeled, transported, and inspected prior to distribution to an appropriately licensed individual.

4.

Cannabis nurseries shall have security measures, including fencing, sufficient to restrict access and deter trespass and theft of cannabis or cannabis products. Fencing must include a lockable gate that is locked at all times when the property owner and/or employees are not on the premises. Fencing shall not violate any other ordinance, code section or provision of law regarding height and location restrictions and shall not be constructed or covered with plastic or cloth, although shade cloth may be used on the inside of the fence.

5.

Cannabis nurseries may grow clones and immature plants indoors, but only when allowed by the required conditional use permit.

6.

Cannabis nurseries shall comply with all other provisions of the Trinity County Code and the zoning ordinance.

7.

Development Standards. The development standards (such as setbacks, minimum lot coverage, etc.) shall be as shown for the applicable zoning district, provided, however, that the planning commission may establish more restrictive standards on a case-by-case basis during the use permit approval process.

8.

Auxiliary nursery sales are permitted within the established nursery facility; however, the location of sales shall not exceed ten percent of the cannabis nursery facility.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18)

17.43A.035 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 2, 12-28-2020)

17.43A.040 - Required conditions of use permit approval.

A.

In addition to any other conditions and mitigation measures required, all of the following conditions shall apply to all cannabis nurseries:

1.

All cannabis nursery license holders shall maintain accurate records on sales, including proof that sales occur only to licensed individuals.

Sales shall only be to licensed cannabis cultivators in the State of California.

3.

License holders shall comply with all applicable state and county laws.

4.

The Trinity County Agricultural Commissioner may create standards for plant quality which shall comply with State of California regulations.

5.

All sales locations shall have adequate parking to accommodate customers.

6.

Glare from nursery facilities and resale locations shall not emanate onto neighboring properties. This condition will also be reviewed on a case-by-case basis as part of the use permit process.

7.

Cannabis nurseries shall comply with the cultivation plan required in state Type 4 licenses.

B.

Operators of cannabis nurseries shall allow access to the facility and access to records if requested by the county, its officers, or agents; shall pay for an annual inspection; and shall submit to inspections from the county or its officers to verify compliance with all relevant rules, regulations, and conditions.

C.

The applicant, owner, and operator shall agree to submit to, and pay for, routine and focused inspections of operations and relevant records or documents necessary to determine compliance with this chapter from any enforcement officer of the county or their designee.

D.

Operators of cannabis nurseries and, if different, the property owner(s) shall execute an agreement to defend, indemnify and hold harmless the County of Trinity and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, board, planning commission or board of supervisors arising from the county's registration of the site. The indemnification shall apply to any damages, cost of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.

E.

Any person operating a cannabis nursery shall obtain a valid and fully executed commercial cannabis cultivation Type 4 state license prior to commencing operations and must maintain such license in good standing to continue operations.

F.

The property owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by Trinity County Code and state law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of the cannabis nursery license.

G.

Cannabis nurseries and related activities shall be maintained in accordance with operating plans approved by the county.

H.

A license for cannabis nursery cultivation or for the resale of wholesale cannabis products does not guarantee that the applicant will be considered compliant with any future land use ordinance.

I.

Application for cannabis nursery cultivation does not give the applicant any property rights, and it does not guarantee that a cannabis nursery cultivation license will be issued. The application shall not be transferrable.

J.

Cannabis is not recognized under federal law and an application does not grant any right to violate federal law.

K.

When the state begins issuing Type 4 licenses under Medicinal and Adult Use Cannabis Regulations and Safety Act (MAUCRSA), the applicant or license holder shall file a complete application for the appropriate state license with the appropriate state licensing authority within sixty days of obtaining a county license.

L.

The effective date of a county issued entitlement for a cannabis nursery shall not begin until all state and county licensing, permitting and approvals have been obtained.

M.

Notwithstanding any other provision of this ordinance or the Trinity County Code, a person cultivating cannabis for the purposes of nursery sales, or resale of wholesale cannabis nursery products pursuant to this ordinance, but who applies for and is denied a state license, shall immediately cease all cannabis nursery cultivation within the county until he/she successfully obtains the proper state nursery cultivation license(s) under MAUCRSA.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18)

17.43A.050 - Enforcement.

In addition to enforcement measures in this chapter, violation of this chapter also constitutes a nuisance and is subject to fines and abatement pursuant to Chapters 8.64 and 8.90 of the Trinity County Code.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18)

17.43A.060 - Fees.

A.

The county shall collect from the applicant a regulatory program fee ("fee") when the application is submitted to the planning department pursuant to this chapter.

B.

Such fee shall fairly and proportionately generate sufficient revenue to cover the costs of administering, implementing, and enforcing this chapter.

C.

The cannabis nursery program fee is set at:

1.

Nursery License: Two thousand five hundred dollars, plus one thousand dollars toward general plan update.

2.

Inspection Fee: $200.

D.

Fees shall be paid annually one year from date of issuance.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18; Ord. No. 315-833, § 1, 6-19-18)

17.43A.070 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if the county becomes aware that:

1.

The applicant has provided materially false documents or testimony.

2.

The operation as proposed, if permitted, would not comply with all applicable laws, including, but not limited to, the building, planning, housing, fire, and health codes of the county, including the provisions of

the chapter and with all applicable laws, including zoning and county ordinances.

B.

The applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

The applicant may appeal a denial or revocation as provided in the appeals process of the zoning ordinance, or, if applicable as prescribed in Chapter 8.90.130 of the Trinity County Code.

(Ord. No. 315-826, § 1, 12-4-17; Ord. No. 315-827, § 1, 1-3-18)

Chapter 17.43B - DISTRIBUTION REGULATIONS FOR COMMERCIAL CANNABIS

Sections:

17.43B.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Cannabis distribution facility" means a building or premises used exclusively for storage, packaging, labeling, and/or as a transportation terminus for cannabis products between entities that are properly licensed.

"Distribution" means the procurement, sale and transport of cannabis and Cannabis products between entities that are property licensed.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-828, § 2, 1-17-18)

17.43B.020 - Allowable zoning districts.

A.

Cannabis distribution (requiring Type 11 State licenses) may be allowed in the following zoning districts subject to first obtaining a conditional use permit:

General commercial ("C2").

2.

Heavy commercial ("C3").

3.

Industrial ("I").

4.

Agricultural ("A").

5.

Specific unit development ("SUD"), whose guidelines specifically identify parcels for industrial development.

6.

Agriculture-forest ("AF")

B.

The restrictions under subsection A do not apply to transportation only licenses.

C.

Type 13 transportation only licenses will be allowed within the Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District, although no cannabis distribution facilities will be allowed in these areas.

(Ord. No. 315-828, § 2, 1-17-18; Ord. No. 315-834, § 1, 6-19-18)

17.43B.030 - Regulations.

Cannabis distribution shall comply with all of the following regulations:

A.

Cannabis distribution facilities shall be located only in zoning districts identified in Section 17.43B.020(A) in this chapter as allowable zoning districts for cannabis distribution facilities.

B.

Cannabis distribution facilities shall not be allowed within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein or within five hundred feet of an authorized school bus stop, unless a variance is obtained.

C.

All cannabis distributors shall ensure that cannabis is obtained from licensed cultivation sources and shall implement best practices to ensure that all cannabis products are properly stored, labeled, transported and tested prior to distribution at a legally permitted and licensed retail facility.

1.

A transportation only license is also available from Trinity County, which will allow the transportation of cannabis products within the State of California for distribution to licensed distributors and manufacturers.

D.

Security plan shall be developed which is compliant with state requirements and submitted with an application and must be sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. The security plan shall be approved by the board of supervisors, or its designee.

E.

A site operations plan shall be submitted with the application for a conditional use permit.

F.

Any license holder of a distribution license shall not have been convicted of serious felony or Schedule I, II or III felony, excluding a non-serious felony conviction for sale, transportation or cultivation of cannabis except if the conviction is on public lands. Applicants will have to declare this under penalty of perjury on one of the application forms.

G.

Cannabis and cannabis products shall only be transported between licensed commercial operations in good standing with the county and the state.

H.

Distributors shall ensure that appropriate samples of cannabis or cannabis products are tested by a stateand/or county-licensed testing facility prior to distribution.

I.

Prior to distribution to retailers, the distributor shall receive a certificate of analysis stating that test samples meet specifications required by law.

J.

Cannabis and cannabis products shall be packaged and labeled in accordance with the requirements of state law.

K.

Overnight storage of cannabis and cannabis product is not allowed in any vehicles within the county unless secured in a licensed distribution facility.

(Ord. No. 315-828, § 2, 1-17-18)

17.43B.035 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 3, 12-28-2020)

17.43B.040 - Required findings.

A conditional use permit for cannabis distribution shall not be granted by the trinity county planning department unless all of the following findings are made based on substantial evidence:

A.

The distribution, as approved and conditioned will not result in significant unavoidable impacts on the environment.

B.

The distribution includes adequate quality control measures to ensure cannabis distributed at the site meets state standards for a regulatory market.

C.

The distribution operations plan includes adequate measures that address the federal enforcement priorities for cannabis activities.

(Ord. No. 315-828, § 2, 1-17-18)

17.43B.050 - Required conditions.

In addition to conditions and mitigation measures that may be included in the conditional use permit for a distribution facility, the following conditions shall be met:

A.

The distributor shall allow access to the facility and any vehicles utilized in transportation, and access to records if requested by the county, its officers, or agents, and shall allow inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

B.

The applicant for the distribution facility and the property owner shall indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the license or relating to any damage to property or persons stemming from the commercial cannabis activity.

C.

Any person operating a cannabis distribution facility shall obtain a valid and fully executed commercial cannabis distribution license or provisional license from the state prior to commencing operations, and must maintain such license in good standing in order to continue operations.

D.

The property owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by Trinity County Code and state law. Failure to take appropriate action to evict or otherwise remove licensees who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of a conditional use permit pursuant to this chapter.

E.

The distribution facility and activities shall be maintained in accordance with the operating plan associated with the conditional use permit and approved by the county.

F.

Any person who is not the legal owner of a parcel for which they are obtaining a conditional use permit to operate a cannabis distribution facility shall provide written and notarized authorization from the legal owner of the parcel prior to commencing activities included in the conditional use permit on such parcel.

G.

The cannabis distribution program fee is due annually on March 1st and is set at:

1.

Type 11: Six thousand dollars plus one thousand dollars towards the general plan update.

2.

Type 13 (transportation only): Two thousand dollars.

3.

Fees shall be paid thereafter annually prior to March 1st of each year.

H.

The above fee amounts are not anticipated to fully cover the cost of administering this chapter; however, within twelve months of this chapter, the County may conduct a fee study to determine the total cost of administering this chapter.

I.

If, based on the results of the fee study, the fee needs to be increased, the county may increase the fee by way of resolution for any new or renewal registrations.

J.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

(Ord. No. 315-828, § 2, 1-17-18; Ord. No. 315-834, § 1, 6-19-18)

17.43B.060 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware that:

1.

The applicant has provided materially false documents or testimony; or

2.

The operation as proposed if allowed, would not comply with all applicable laws including but not limited to the building, planning, housing, fire and health and safety codes of the county including the provisions of this chapter and with all applicable laws including zoning and Trinity County ordinances.

3.

Applicant shall be given up to seven business days to correct any deficiencies prior to the issuance of a denial or rescission unless there is an immediate threat to public health or safety that requires an immediate correction of the deficiency.

4.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Chapter 8.90.130 of the Trinity County Code.

(Ord. No. 315-828, § 2, 1-17-18)

Chapter 17.43C - CANNABIS TESTING FACILITIES REGULATIONS

Sections:

17.43C.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"School" means an institution of learning, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This

definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education.

"Youth-oriented facility" means public park, school authorized bus stop and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.020 - Applicability.

Cannabis testing facilities (requiring a Type 8 state license) may be allowed with a use permit in the following zoning districts;

A.

C2 (general commercial).

B.

C3 (heavy Commercial).

C.

I (industrial).

D.

All other zones are ineligible.

Testing facilities shall be subject to the requirements of this chapter. A use permit and/or license applications are independent and separate actions. Approval of one does not guarantee approval of the other.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.030 - Regulations.

A.

Within sixty days of adoption of the ordinance codified in this chapter any person or entity desiring a cannabis testing facilities license within Trinity County may apply with the Trinity County Planning Department. An application shall be on a form provided by the Trinity County Planning Department and will require, at minimum, confirmation that the applicant meets the requirements of this chapter. Application shall include a plan of operation pursuant to Section 17.43C.040(F) and 17.43C.040(G).

B.

Cannabis testing facilities shall comply with all of the following regulations:

1.

Shall not be within one thousand feet of a youth-oriented facility, a school, any church, or residential treatment facility as defined herein or within five hundred feet of an authorized school bus stop and will be measured from footprint of building to edge of parcel boundary if sensitive receptors are present.

2.

The owners, operators, and employees of the cannabis testing facilities shall be independent from all other persons, associations and/or entities involved in the cannabis industry, and shall not hold any other state or county license related to cannabis.

3.

Cannabis testing facilities shall apply for appropriate licensing and/or register with any state agencies upon establishment of a state regulatory framework as required by the state and provide copies of the license application and the issued license to the county.

4.

Cannabis testing facilities shall show proof of ISO 17025 accreditation, or proof that the applicant is in the process of applying for or is preparing to apply for ISO 17025 accreditation as required by the state.

5.

Cannabis testing facilities shall adopt written standard operating procedures for laboratory processes, and analytical methods as required by state regulations.

6.

Cannabis testing facilities shall adopt a written standard operating procedure to obtain samples for testing according to state regulations.

7.

Cannabis testing facilities shall develop and implement scientifically valid testing methodologies for the chemical, physical and microbial analysis of cannabis products according to state regulations.

8.

Cannabis testing facilities shall develop and implement test methods and corresponding standard operating procedures for the analyses of organic and inorganic materials identified by the state. Additional analyses may be conducted as requested by the cultivator of the sample(s) to be tested.

9.

Cannabis testing facilities shall dispose of test samples according to state regulations and document waste disposal procedures followed for each sample.

Cannabis testing facilities shall comply with all safety standards and requirements for cannabis testing facilities identified by the state, and shall ensure the safety of its employees and the proper disposal of all chemicals and byproducts pursuant to California Department of Public Health guidelines, California Division of Occupational Safety and Health requirements, California Department of Transportation, California Department of Toxic Substances Control (Trinity County CUPA), and Trinity County Department of Environmental Health.

11.

Cannabis testing facilities shall develop and implement standard operating procedures or programs required by the state including quality assurance and quality control.

12.

Cannabis testing facilities shall employ personnel who meet the experience and education requirements specified by the state and shall train qualified personnel as required by the state.

13.

Cannabis testing facilities shall adopt a written security protocol and implement the protocol to prevent diversion, theft and loss of cannabis samples.

14.

Cannabis shall not be sold or consumed on or within the premises on which this license is issued.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.035 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 4, 12-28-2020)

17.43C.040 - Required findings.

A license for a cannabis testing facility shall not be granted by the county unless all of the following findings are made based on substantial evidence:

A.

The testing facility, as proposed, will comply with all of the requirements of the State of California Bureau of Medical Cannabis Regulation and Trinity County Code for Cannabis testing facilities.

B.

The cannabis testing, as approved and conditioned, will not result in significant adverse impacts on the environment.

C.

The testing facility is accredited by an approved accrediting agency recognized by the state and the County of Trinity.

D.

Plans for the testing facility demonstrate proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

E.

The testing facility shall agree to provide as requested and/or required to state and county agencies procedures, processes and/or data collected resulting from testing performed.

F.

Plans for the testing facility demonstrate proper protocols and procedures for transport, handling, and disposal of all chemicals used in the testing process.

G.

The testing facility is located in a building permitted by the Trinity County Building Department and meets Trinity County Code.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.050 - Required conditions.

In addition to any other conditions and mitigation measures required, all of the following conditions shall apply to all licenses for a cannabis testing facility:

A.

Operators of the testing facility shall allow access to the facility and access to records if requested by the county or state, its officers, or agents, and shall pay for routine and focused inspections and submit to inspections from the county or its officers to verify compliance with all relevant rules, regulations, and conditions.

B.

The applicant, owner, and operator shall agree to submit to, allow access for, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this chapter from any enforcement officer of the county or their designee.

C.

Operators of the testing facility and, if different, the property owner shall execute an agreement to defend, indemnify and hold harmless the County of Trinity and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agents, boards, planning commission or board of supervisors arising from the county's registration of the site. The indemnification shall apply to any

damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.

D.

The facility operator shall be responsible for ensuring that all cannabis testing activities at the site operate in good standing with licenses required by Trinity County Code and state law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain licenses or licenses in good standing with the county or state shall be grounds for the suspension or revocation of the license.

E.

The testing facility and related activities shall be maintained in accordance with the operating plans accepted by the county.

F.

A safety and security plan shall be submitted and accepted by the county. This plan shall be updated annually. All security protocols shall be implemented prior to commencing operations.

G.

Hours of operation shall be determined on a site-specific basis established in the use permit associated with the testing facility.

H.

This license does not guarantee that the applicant will be considered compliant with any future land use ordinance.

I.

Licenses are transferrable with payment of fees and review of an updated application including information regarding new ownership.

J.

Cannabis is not recognized under federal law and applicant does not grant any right to violate federal law.

K.

When the State Bureau of Medical Cannabis Regulation (BMCR) begins issuing Type 8 licenses under MCRSA, the applicant or license holder shall file a complete application with the BMCR within sixty days.

L.

Notwithstanding any other provision of this chapter, a person participating in the testing of cannabis who is registered pursuant to this chapter, but who applies for and is denied a state license shall immediately cease all cannabis testing within the county until he/she successfully obtains the proper state testing license(s) by BMCR.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.060 - Fees.

A.

The county shall collect from the applicant a regulatory program fee (hereinafter referred to as fee) when an applicant submits an application to establish a cannabis testing facility with the planning department pursuant to this chapter.

B.

Such fee shall fairly and proportionately generate sufficient revenue to cover the costs of administering, implementing, and enforcing this chapter.

C.

A use permit required by this license is an independent action that shall require a use permit fee.

D.

The cannabis testing facilities program fee is shall be:

1.

Type 8 License: Year one—Two dollars per square foot plus one thousand dollars general plan update. Successive years—One thousand dollars general plan fee, plus one thousand dollars processing fee.

2.

Inspection/Reinspection Fee: Two hundred dollars.

3.

Transfer Fee: Three thousand dollars.

E.

Fees shall be paid thereafter annually prior to March 1 of each year.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.070 - Denial/revocation of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware that:

1.

The applicant has provided materially false documents or testimony; or

2.

The operation as proposed, if licensed, would not comply with all applicable laws, including, but not limited to, the building, planning, housing, fire, and health codes of the county, including the provisions of this chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicants shall have the right to appeal any denials to the planning director. Any person dissatisfied with the decisions of the planning director may appeal therefrom to the planning commission at any time within ten working days after notice of the decision is given. Such appeal is taken by filing a notice of appeal with the planning director and paying the required appeal fee. Upon filing of a notice of appeal, the planning director shall within ten days to transmit to the secretary of the planning commission all papers and documents on file with the planning director relating to the appeal and schedule the appeal for the commission hearing.

D.

Applicant shall have the right to appeal any denials or rescissions as prescribed in Chapter 8.90.130 of the Trinity County Code.

(Ord. No. 315-824, § 1, 10-17-17)

17.43C.080 - Enforcement.

A.

Violation of this chapter constitutes a nuisance and is subject to fines and abatement pursuant to Chapters 8.64 and 8.90 of the Trinity County Code.

B.

The code enforcement officer shall make reasonable efforts to notify the owner and/or violator.

C.

Additional fees may be required for code enforcement reinspection.

(Ord. No. 315-824, § 1, 10-17-17)

Chapter 17.43D - CANNABIS NON-STOREFRONT RETAIL

Sections:

17.43D.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Non-storefront retail" is defined as the selling and delivering of cannabis and cannabis goods to customers from a licensed premise that is not open to the public.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-835, § 1, 6-19-18)

17.43D.015 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 5, 12-28-2020)

17.43D.020 - Regulations.

Cannabis non-storefront retailers shall comply with all of the following regulations:

A.

Non-storefront retail licensees must identify one of the following license application types:

1.

Adult-use (A-License).

2.

Medicinal (M-License).

B.

Non-storefront retail businesses shall comply with the following:

1.

Sales and deliveries must only take place between six a.m. and ten p.m. Pacific Time.

2.

All cannabis goods must be placed in an opaque exit package prior to leaving the premises.

3.

Deliveries may be made only by employees of the retailer.

4.

Deliveries must be to a private residence, and cannot be sent to a post office box. The private residence of the consumer must be off-site residence of the non-storefront retail licensee's location. For purposes of this section, "private residence" "means a house, an apartment unit, a mobile home, or other similar dwelling."

5.

Delivery vehicles may not contain more than the amounts allowed under State Code of Cannabis Goods at any time.

6.

The licensee must be able to immediately locate all delivery vehicles at all times.

7.

Non-storefront retail licensees cannot package or label cannabis goods.

a.

An exception to this limitation is allowed for dried flower held in inventory by a retailer at the time of licensure that is not packaged; this dried flower may be packaged by the retailer into individual packages for sale beginning January 1, 2018 and before July 1, 2018.

8.

Retailer licensees cannot accept, possess, or sell cannabis goods if they are not packaged as they will be sold at final sale.

C.

Cannabis non-storefront retailers shall possess a valid county cultivation, distribution, and/or manufacturing license and shall abide by the regulations established under Trinity County's cultivation ordinance. The retail premises shall be on the legal parcel as designated on the cultivation license.

D.

Cannabis non-storefront retailers facilities shall be closed to the public. All orders must be placed via phone, facsimile, mail or internet.

E.

Non-storefront retail licensees must allow access to any facilities or any vehicles utilized in transportation, and allow access to records if requested by the county, its officers, or agents, and allow inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

F.

Non-storefront retail licensees must indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

G.

Non-storefront retail licensees must obtain a valid and fully executed commercial cannabis non-storefront retail license from the state prior to commencing operations, and must maintain such license in good standing in order to continue operations.

H.

Non-storefront retail licensees and property owners who lease property to non-storefront retailers must ensure that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Trinity County Code and state law. Property owners who fail to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be subject to suspension or revocation non-storefront retailer license, as well as personal liability for required enforcement.

I.

Non-storefront retail premises are only allowed in zones where cultivation licenses are allowed. The premises shall not be on prime agricultural soil, as determined by the planning director or his/her designee.

1.

Non-storefront retail premises will not be allowed within the following areas:

a.

Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District.

b.

Timber Production Zones (TPZ) with the exception made for qualified Phase I Applicants (enrolled under NCRWQCB Order #2015-0023 by August 1, 2016).

c.

Residential 1 (R1), residential 2 (R2), or residential 3 (R3) zones.

d.

Within the legal boundaries of the Weaverville Community Services District, Coffee Creek Volunteer Fire District and Trinity Center Community Services District and Bucktail Subdivisions, Unit 1, 2, and 3 as found in Trinity County Book of Maps 3, Page 273, Book of Maps 4, Page 53, and Book of Maps 4, Page 150 accordingly on record with the Trinity County Recorder and within the following area of the Lewiston

egal boundaries of the Weaverville Community Services District, Coffee Creek Volunteer Fire District and Trinity Center Community Services District and Bucktail Subdivisions, Unit 1, 2, and 3 as found in Trinity County Book of Maps 3, Page 273, Book of Maps 4, Page 53, and Book of Maps 4, Page 150 accordingly on record with the Trinity County Recorder and within the following area of the Lewiston

Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17, 18, 19, 20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24, I3, which are in proximity to high density areas, and therefore, create a substantial risk of a public nuisance.

J.

Non-storefront retail premises and activities are not allowed within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein. In addition, non-storefront retail facilities and activities are not allowed within five hundred feet from an authorized school bus stop, unless a variance is obtained.

K.

Non-storefront retail licensees must pay an annual program fee annually from date of issue. The cannabis non-storefront retail program fee is set at: Five hundred dollars.

L.

The above fee amounts are not anticipated to fully cover the cost of administering this chapter; however, within twelve months of this chapter, the county may conduct a fee study to determine the total cost of administering this chapter.

1.

If, based on the results of the fee study, the fee needs to be increased; the county may increase the fee by way of resolution for any new or renewal registrations.

2.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

(Ord. No. 315-835, § 1, 6-19-18)

17.43D.030 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony;

2.

The operation as proposed if permitted, would not comply with all applicable laws including but not limited to the building, planning, housing, fire and health codes of the county including the provisions of this

chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Section 8.90.130 of the Trinity County Code.

(Ord. No. 315-835, § 1, 6-19-18)

Chapter 17.43E - CANNABIS MICROBUSINESS

Sections:

17.43E.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Microbusiness" is defined as the cultivation of cannabis on an area of less than ten thousand square feet and to act as a licensed cannabis distributor, and/or manufacturer, and/or retailer, provided such permitted uses comply with all requirements imposed on cultivators, distributors, manufactures and retailers by the county and state to extend the permittee engages in such actives.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Third party" means an individual or entity, other than the license holder in question, possessing a valid commercial cannabis license from the State of California.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-837, § 2, 8-7-18)

17.43E.015 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 6, 12-28-2020)

17.43E.020 - Regulations.

Cannabis microbusinesses shall comply with all of the following regulations:

A.

An applicant for a microbusiness license must be licensed under the county's cultivation licensing program and cultivating on an area ten thousand square feet or less and holding a valid Type 1 or Type 2 cultivation license. The combination of the microbusiness and cultivation license will count as one license as allowed by Ordinance No. 315-829.

B.

An applicant for a microbusiness license must hold a Trinity County cultivation license, engage in and be appropriately zoned for at least two or more of the following qualifying commercial cannabis activities in addition to cultivation:

1.

Manufacturing (Type 6, Type N or Type P).

2.

Distribution (Type 11 and 13).

3.

Retail (Type 9, non-storefront retail).

Microbusiness licenses shall not relieve the licensee of the requirements of holding and following the requirements of the individual license.

C.

A microbusiness applicant shall not be accepted until the cultivation license and applications for commercial cannabis activities listed above (in subsection B) have been accepted.

D.

A microbusiness license shall not be issued until the cultivation license and applications for commercial cannabis activities listed above (in subsection B) have been determined as eligible for issuance.

E.

All microbusiness activities shall not be conducted inside a private residence or require persons to pass through a private residence to access the licensed premises.

F.

Microbusiness applicants shall obtain a conditional use permit. Microbusiness applicants may qualify for a director's use permit rather than a conditional use permit when the following conditions apply:

1.

The microbusiness does not employ more than three permanent, full-time employees, and/or does not compensates no more than six thousand two hundred forty employee work hours per year; and

2.

The microbusiness does not generate more than two non-employee vehicles visiting the licensed premises at any one time, or no more than six non-employee vehicles per week.

G.

Should the vehicle access to the property on which the microbusiness license is granted be a shared and privately owned or maintained road or driveway, the Trinity County Planning Department will notify adjacent property owners who share use of the road/driveway. Objections from adjacent property owners who share use of the road/driveway may lead to further mitigation measures or the need for the microbusiness applicant to obtain a conditional use permit as determined by the director.

H.

The primary hours of operation shall be limited to seven a.m. to eight p.m. Monday through Saturday, and eight a.m. to five p.m. Sundays.

(Ord. No. 315-837, § 2, 8-7-18)

17.43E.030 - Required conditions.

In addition to any other conditions and mitigations that apply, cannabis microbusinesses shall:

A.

Comply with all state and county codes related cultivation, manufacturing, distribution and retail, unless amended herein.

B.

Allow access to any facilities or vehicles utilized in transportation, records if requested by the county, its officers, or agents, and allow inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

C.

Indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

D.

Obtain a valid and fully executed commercial cannabis microbusiness license from the state prior to commencing operations, maintain such license in good standing in order to continue operations.

E.

Ensure that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Trinity County Code and state law. Property owners who fail to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be subject to suspension or revocation microbusiness license, as well as personal liability for required enforcement.

F.

Be limited to the following distribution amounts: In addition to the product that is grown pursuant to licensee's cannabis cultivation license, the microbusiness can distribute the following amount of third party product:

1.

Those with a specialty cottage licenses can distribute one hundred twenty-five pounds of product.

2.

Those with a specialty outdoor licenses can distribute two hundred fifty pounds of product.

3.

Those with a small outdoor or mixed-light Tier 1 and 2 licenses can distribute five hundred pounds of product.

G.

Cannabis distributed from a third party shall be at least seventy-five percent from Trinity County sources.

H.

Only be located in zoning districts where commercial cannabis licenses are allowed according to their respective ordinance (Cultivation Ordinance No. 315-823 and amendments; Manufacturing Ordinance No. 315-838, Distribution Ordinance No. 315-828 and Non-Storefront Retail Ordinance No. 315-835.

I.

A microbusiness license shall not be allowed within the most restrictive setback distance as provided for in the cultivation license or commercial cannabis activities permitted as part of this microbusiness license,

unless a variance is otherwise obtained.

(Ord. No. 315-837, § 2, 8-7-18)

17.43E.040 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if the Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony;

2.

The operation as proposed if permitted, would not comply with all applicable laws including but not limited to the building, planning, housing, fire and health codes of the county including the provisions of this chapter and with all applicable laws including zoning and county ordinances;

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Section 8.90.130 of the Trinity County Code.

(Ord. No. 315-837, § 2, 8-7-18)

17.43E.050 - Fees.

Pay a cannabis microbusiness license fee annually from the date of issuance.

A.

The cannabis microbusiness license fees are set at:

1.

Microbusiness/Specialty Cottage: Two thousand five hundred dollars plus seven hundred fifty dollars towards the general plan update.

2.

Microbusiness/Specialty: Six thousand dollars plus one thousand dollars towards the general plan update.

Microbusiness/Small: Eight thousand dollars plus one thousand dollars towards the general plan update.

B.

The above fee amounts are not anticipated to fully cover the cost of administering the ordinance codified in this chapter; however, within twelve months of [adoption of] the ordinance codified in this chapter, the county may conduct a fee study to determine the total cost of administering the ordinance codified in this chapter.

1.

If, based on the results of the fee study, the fee needs to be increased; the county may increase the fee by way of resolution for any new or renewal registrations.

2.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

C.

When transferring from a cultivation license to a microbusiness license, the microbusiness program fees will be reduced, on a prorated basis, by the annual cannabis cultivation license fee paid to obtain a cultivation license.

(Ord. No. 315-837, § 2, 8-7-18)

Chapter 17.43F - CANNABIS MANUFACTURING

Sections:

17.43F.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Manufacture" means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product. In addition, "manufacturer" means a licensee that conducts the production, preparation or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination or extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Nonvolatile solvent" means any solvent used in the extraction process that is not a volatile solvent, including carbon dioxide and ethanol. This requires a Type 6 license which allows for extraction using mechanical methods or nonvolatile solvents.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Shared-use facility" means a manufacturing premises operated by a Type 6, Type N, or Type 7 licensee in which Type S licensees are authorized to conduct manufacturing operations. Shared use facilities shall be operated in accordance with California Code of Regulations, Title 17 Division 1 Chapter 13, Manufactured Cannabis Safety Subchapter 1, General Provisions and Definitions, Article 6, Shared-Use Facilities, or as those provisions are amended.

"Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. The state's examples of volatile solvents include, butane, hexane, and propane. Type 7 licensee can use both nonvolatile and volatile solvents in its extractions, infusions or mechanical methods.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.020 - Allowable zoning districts.

A.

Nonvolatile or mechanical methods cannabis manufacturing facilities (requiring a Type 6, Type N and Type P State License) may be permitted in the following zoning districts subject to first obtaining the appropriate Use permit, see section 17.43F.040(J)—(M):

1.

General commercial ("C2").

2.

Heavy commercial ("C3").

3.

Industrial ("I").

4.

Agricultural ("A").

5.

Specific unit development ("SUD"), whose guidelines specifically identify parcels for industrial development.

Agricultural preserve ("AP").

7.

Agricultural forest ("AF").

B.

Cannabis manufacturing facilities licensed as microbusinesses and involving Type 6 mechanical or lowimpact extraction, such as rosin pressing, bubble/water hash or kief/dry sifting, may be permitted in the following zoning districts, subject to first obtaining the appropriate use permit:

Rural residential.

Unclassified.

C.

Cannabis manufacturing facilities involving volatile, nonvolatile, or mechanical methods, processes or substances (requiring a Type 7 State license) may be permitted in the following zoning districts subject to first obtaining a conditional use permit:

1.

Heavy commercial ("C3").

2.

Industrial ("I").

3.

Specific unit development ("SUD"), whose guidelines specifically identify parcels for industrial development.

D.

Shared use facilities must be licensed with Trinity County and may be permitted in the zoning districts allowed by the license type subject to first obtaining a conditional use permit pursuant to Section 17.43F.040(K):

E.

Cannabis manufacturing facilities shall not be allowed within the following areas:

Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District.

2.

Within the legal boundaries of the following areas which are in proximity to higher density populations, and therefore, create a substantial risk of a public nuisance:

a.

Historic District of Weaverville;

b.

Coffee Creek Volunteer Fire District;

c.

Trinity Center Community Services District;

d.

Within the following area of the Lewiston Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17, 18, 19, 20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24

e.

Bucktail Subdivision: Unit 1, 2 and 3 as found in Trinity County Book of Maps 3, Page 273, Book of Maps 4, Page 53, and Book of Maps 4, Page 150 accordingly on record with the Trinity County Recorder.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.030 - Types of licenses available.

A.

State Type 6 non-volatile licenses, defined per 17 CA CCR § 40118, are available for extractions using nonvolatile solvents or mechanical methods.

B.

State Type 7 volatile licenses are available for extractions using volatile substances.

C.

State Type N licenses are available for infusions, including using pre-extracted oils to create edibles, beverages, capsules, water cartridges, tinctures or topical.

D.

State Type P licenses are available for packaging and labeling only.

E.

State Type S licensees are eligible to conduct manufacturing operations at a registered "shared-use facility."

F.

Shared use facility licenses are available for operating a shared use facility.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.040 - Regulations.

Cannabis manufacturing shall comply with all of the following regulations:

A.

Cannabis manufacturing facilities shall be located only in zones that specifically provide for this use. The facility shall not be on prime agricultural soil, as determined by the planning director or his/her designee.

B.

Cannabis manufacturing facilities shall not be allowed within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein. Cannabis manufacturing facilities shall not be within five hundred feet from an authorized school bus stop, unless a variance is obtained.

C.

All cannabis manufacturing operations shall ensure that cannabis is obtained from licensed cultivation sources and shall implement best practices and comply with state law to ensure that all manufactured cannabis products are properly stored, labeled, transported and inspected prior to distribution at a legally permitted and licensed retail outlet. Cannabis manufacturing operations shall purchase at least seventy-five percent of its cannabis from Trinity County sources.

D.

Security plan shall be developed which is compliant with state requirements and must be sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products. A copy of the security plan submitted to the state shall be provided to the Trinity County Planning Department within thirty days of submission to the state.

E.

A detailed operating site plan must be submitted with an application for the appropriate use permit, see subsections J—M.

F.

Fire plans must be prepared by the applicant and approved by the Weaverville Fire District Chief or a designee of the Trinity County Board of Supervisors. An approved fire plan must be submitted with an application for the appropriate use permit, see subsections J—M.

G.

Applicants must apply for certified unified program agencies ("CUPA") which, for Trinity County, is administered through the department of toxic substances control.

H.

Any employees of a cannabis manufacturing facility operating potentially hazardous equipment shall be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis products or ingredients shall be trained on proper food safety practices.

I.

Any license holder of a manufacturing license shall not have been convicted of serious felony or Schedule I, II or III Felony, excluding a non-serious felony conviction for sale, transportation or cultivation of cannabis except if the conviction is on public lands. Applicants will have to declare this under penalty of perjury on one of the application forms.

J.

Type 7 applicants are required to obtain a conditional use permit before starting operations, including infrastructure and building improvements specific to the use, and the following additional requirements must be met:

1.

Extractions must be in closed loop system as defined and prescribed by State of California.

2.

Wastewater shall be disposed of in to an adequate sewage system, as prescribed by Trinity County Environmental Health Division and pursuant to California State regulations.

3.

The facility must be setback a minimum of one hundred feet from all adjacent property lines. Application for a variance from this provision will be considered concurrently with application for a conditional use permit from the Trinity County Planning Commission.

4.

All building structures must have operational automatic fire sprinklers.

K.

Type 6, Type 7 or Type N licensees who wish to register as a shared use facility shall obtain a conditional use permit before starting operations, including infrastructure and building improvements.

L.

For Type 6 licenses the following requirements must be met to qualify for a director's use permit. Applicants who meet these requirements must obtain an approved director's use permit before starting operations, including infrastructure and building improvements specific to the use.

1.

The manufacturing business:

a.

Operates under a Type N or Type P license.

b.

Utilizes extractions with butter or food-grade oils, provided that the resulting extract or concentrate shall be used solely in the manufacture of the licensee's infused product, and shall not be sold to any other licensee.

c.

Utilizes extractions methods such as rosin pressing, bubble/water hash or kief/dry sifting.

d.

Any post-extraction methods that involve substances included in Title 8. Industrial Relations Division 1. Department of Industrial Relations Chapter 3.2. California Occupational Safety and Health Regulations (Cal/OSHA) Subchapter 1. Regulations of the Director of Industrial Relations Article 5. Hazardous Substances Information and Training (Refs and Annos) CCR § 339 The hazardous substances list may require a conditional use permit, as determined by the director.

2.

The manufacturing business does not employ more than three permanent, full-time employees, and/or does not compensate more than six thousand two hundred forty employee work hours per year.

3.

The manufacturing business does not generate more than two non-employee vehicles per week.

4.

The manufacturing facilities are operated within the footprint of an existing building.

5.

Vehicle access to the manufacturing premises utilizing a shared and privately owned or maintained road or driveway shall prompt the Trinity County Planning Department to notify adjacent impacted property owners. Objections from adjacent impacted property owners may require mitigation measures or require a conditional use permit, as determined by the director.

M.

All Type 6, Type P or Type N applicants that do not meet the requirements outlined in subsection L shall obtain a conditional use permit before starting operations, including infrastructure or building improvements specific to the use.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.045 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 7, 12-28-2020)

17.43F.050 - Required findings.

The appropriate use permit for cannabis manufacturing shall not be granted by the appropriate authority unless all of the following findings are made based on substantial evidence:

A.

The manufacturing facility will comply with all of the requirements of the state and county for the cannabis manufacturing. This includes, but is not limited to, product safety, THC levels, edible standards, timelines, packaging and labeling requirements.

B.

The manufacturing, as approved and conditioned will not result in significant unavoidable impacts on the environment.

C.

The manufacturing includes adequate quality control measures to ensure cannabis manufactured at the site meets industry state standards.

D.

The manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids or substances.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.060 - Required conditions.

In addition to any other conditions and mitigation that apply to all permits for cannabis manufacturing:

A.

The manufacturer shall allow access to the facility and access to records if requested by the county, its officers, or agents, for an annual inspection and submit to inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

B.

The applicant for the manufacturing facility and the property owner shall indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

C.

Any person operating a cannabis manufacturing facility shall obtain a valid and fully executed commercial cannabis manufacturing license from the state prior to commencing operations, and must maintain such license in good standing in order to continue operations.

D.

The property owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Trinity County Code and California State law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of a use permit pursuant to this chapter.

E.

The manufacturing facilities and activities shall be maintained in accordance with the operating plans approved by the county.

1.

At any time during the license period, a licensee may request to change the manufacturing activities conducted at the licensed premises. All proposed changes require pre-approval, including infrastructure or building improvements specific to the new use. To request approval for proposed changes, the licensee shall submit a revised operating plan and drawings per Trinity County's application process.

2.

Any change requests shall be evaluated on a case-by-case basis by Trinity County Planning Department, and upon approval, the licensee may begin conducting the additional manufacturing operation or make the requested change to the premises. The existing license shall be amended to reflect the change in operations, if applicable, but the date of expiration shall not change.

F.

The cannabis manufacturing program fee is due annually from date of issuance and is set at:

Type 6: Five thousand dollars plus one thousand dollars towards the general plan update.

2.

Type 7: Six thousand dollars plus one thousand dollars towards the general plan update.

3.

Type N: Two thousand dollars plus five hundred dollars towards the General Plan update.

4.

Type P: Two thousand dollars plus five hundred dollars towards the general plan update.

5.

Type S: No fee for Trinity County Commercial Cannabis licensees; two thousand dollars for all other users.

6.

Shared Use Facility: One thousand five hundred dollars.

7.

Transfer fee to New Applicant: One thousand dollars.

8.

Transfer fee to New Site: Sixty percent of original license fee, prorated monthly.

9.

Renewal fee: Sixty percent of original license fee.

G.

The above fee amounts are not anticipated to fully cover the cost of administering this chapter; however, within twelve months of this chapter, the county shall conduct a fee study to determine the total cost of administering this chapter.

1.

If, based on the results of the fee study, the fee needs to be increased; the county may increase the fee by way of resolution for any new or renewal registrations.

2.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

17.43F.070 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if the Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony;

2.

The operation as proposed if permitted, would not comply with all applicable state and local laws, including, but not limited to the building, planning, housing, fire and health codes of the county including the provisions of this chapter and with all applicable laws including zoning and county ordinances;

3.

The applicant engages in site or building improvements specific to the use before the appropriate use permit has been issued or before the licensee's requested changes have been approved.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Section 8.90.130 of the Trinity County Code.

(Ord. No. 315-838, § 2, 8-7-18; Ord. No. 315-842, § 2, 12-4-18)

Chapter 17.43G - MITIGATION MEASURES FOR ALL CANNABIS LAND USES

Sections:

17.43G.010 - Purpose.

This chapter codifies the mitigation measures identified in the environmental impact report certified for the trinity county cannabis program. Mitigation measures applicable to all cannabis land uses are stated in this chapter. These measures shall be in addition to any other mitigation measures separately stated in other chapters of this code.

(Ord. No. 315-849, § 8, 12-28-2020)

17.43G.020 - Definitions.

As used herein the following definitions shall apply:

"Area" is the measurement of cannabis plant growth in square feet as defined by the California Department of Food and Agriculture. Pursuant to the current regulations, the area is defined as canopy. All changes by California Department of Food and Agriculture are automatically incorporated herein.

"CDFW" means the California Department of Fish and Wildlife.

"CESA" means the California Endangered Species Act.

"CEQA" means the California Environmental Quality Act.

"Commercial cannabis" means any commercial cannabis activity allowed under MMR-SA, AUMA and/or MAUCRSA (SB 94) and AB 133, as limited by the allowable licenses below, as may be amended from time to time, and all uses permitted under any subsequent enacted state law pertaining to the same or similar use for recreational cannabis. Prior to January 1, 2018, the cannabis shall be for medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215) found at Section 11362.5 of the Health and Safety Code.

"CRHR" means the California Register of Historic Places.

"Cultivation" means the planting, growing, harvesting, drying or processing of cannabis plants or any part thereof.

"Designated area" means the hoop-house, greenhouse, and/or outdoor area(s), identified for the planting, growing and harvesting of cannabis. Designated area shall not exceed two hundred percent of the area for the license type; canopy (mature plants) will not exceed the square footage allowed per license type and the additional square footage shall include immature plants (in a vegetative state prior to flowering) and access areas. Licensees propagating immature plants for distribution or seed for distribution to another licensee shall obtain a nursery license.

"DTSC" means the California Department of Toxic Substances Control.

"EPA" means the United States Environmental Protection Agency.

"ESA" means environmental site assessment.

"NHPA" means the National Historic Preservation Act.

"NRHP" means the National Register of Historic Places.

"RD" means renewable diesel.

"RWQCB" means the Central Valley Regional Water Quality Control Board.

"SWRCB" means the California State Water Resources Control Board.

"USACE" means the United States Army Corps of Engineers.

"USFWS" means the United States Fish and Wildlife Service.

(Ord. No. 315-849, § 1, 12-28-2020)

17.43G.030 - Application standards applicable to all cannabis land uses.

To the extent applicable, applications for cannabis land uses shall satisfy all of the following requirements in addition to any other requirements specified in other chapters of this code:

A.

Prior to approval of any application for commercial cannabis operations or renewal of an existing licensed cultivation site that is planning to expand its designated area, a biological reconnaissance survey shall be conducted by a qualified biologist approved by the county. The survey area shall include the proposed development area, including areas of anticipated construction and ground disturbance, as well as staging areas, areas of anticipated light or noise impact, ingress and egress routes, and utility routes. The survey area shall be large enough to encompass areas subject to both direct and indirect impacts. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status plant, wildlife species, and sensitive habitats identified as having potential to occur in the county. The biologist shall provide a letter report to the project applicant and the county with evidence to support a conclusion as to whether special-status species and sensitive habitats are present or are likely to occur within the proposed development area. At a minimum, the letter report shall include:

1.

Date, time, and weather conditions during the survey;

2.

A description and explanation of whether the site conditions during the survey are considered typical or atypical;

3.

A map depicting the proposed development area and the unique, rare, and special-status species, sensitive habitats, or sensitive natural communities found;

4.

A vegetation map of the proposed development area using the National Vegetation Classification System (e.g., A Manual of California Vegetation) and an associated table, including acreage of vegetation types that could be adversely affected by project implementation;

5.

A special-status species table generated from review of the CNDDB, the California Native Plant Society Inventory of Rare and Endangered Plants, lists maintained by USFWS, and the most recent, best-available range information for special-status species;

6.

A description of survey methods and any protocols utilized during the survey; and

A list of common and special-status species and habitats observed in the proposed development area.

If the reconnaissance survey identifies no potential for special-status plant, wildlife species, or sensitive habitats to occur, the applicant will not be subject any additional biological resource protection measures identified in this section. If special-status species or sensitive habitats are present, the letter report will include a discussion of potential direct and indirect impacts on these resources, and the appropriate biological resource protection measures identified in this Section will be included in the letter report shall be implemented. (MM 3.4-1a.)

B.

Prior to commencement of new development related to cannabis activities or the expansion of the designated area for existing licensed cultivation sites and during the blooming period for the special-status plant species with potential to occur on the site, a qualified botanist approved by the county shall conduct protocol-level surveys for special-status plants in all proposed disturbance areas following survey methods from CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2018a).

If special-status plants are not found, the botanist shall document the findings in a letter report to CDFW and the applicant, and no further mitigation will be required. Reports shall be submitted to CDFW via email at R1LSARedding@wildlife.ca.gov and shall include the project applicant's name, address, and assessor's parcel number in the subject line. If special-status plant species are found, the qualified botanist shall consult with CDFW to designate a no-disturbance buffer that will be reflected in the application to the county. If the special-status plant species cannot be avoided, the application will be denied. (MM 3.4-1b.)

C.

The application shall include identification of invasive plant species that occur on the site to the extent practicable and where they are located, including noxious weed species prioritized by the Trinity County Weed Management Association. The application may be combined with the required compliance with SWCRB Order WQ 2019-0001-DWG, or any successor to that order, and shall identify specific measures to be employed for the removal invasive species and on-site management practices. Applicants shall monitor annually to ensure successful removal and prevention of new infestations and invasive species.

nty Weed Management Association. The application may be combined with the required compliance with SWCRB Order WQ 2019-0001-DWG, or any successor to that order, and shall identify specific measures to be employed for the removal invasive species and on-site management practices. Applicants shall monitor annually to ensure successful removal and prevention of new infestations and invasive species.

All invasive plant species shall be removed from the site using measures appropriate to the species to the extent practicable. For example, species that cannot easily reroot, resprout, or disperse seeds may be left on site in a debris pile. Species that resprout readily (e.g., English ivy) or disperse seeds (e.g., Pampas grass) should be hauled off-site and disposed of appropriately at a landfill site.

Heavy equipment and other machinery shall be inspected for the presence of invasive species before onsite use, and shall be cleaned before entering the site, to reduce the risk of introducing invasive plant species.

Only weed-free erosion control materials and mulch shall be used on-site. (MM 3.4-1c.)

D.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of special-status amphibian species from new development related to cannabis activities.

If special-status amphibians are detected during the initial biological reconnaissance survey (see subsection A of this section) or are determined to be likely to occur based on the presence of suitable habitat, consultation with CDFW shall be initiated to determine whether mitigation measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, will be necessary and appropriate.

Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for specialstatus amphibians is present within the proposed development area, a qualified biologist approved by the county and familiar with the life cycle of Cascades frog, foothill yellow-legged frog, Pacific tailed-frog, southern long-toed salamander, and southern torrent salamander shall conduct preconstruction surveys of proposed new development activities twenty-four hours before new development activities.

Preconstruction surveys for special-status amphibians shall follow widely used and accepted standardized protocols that control for habitat type, seasonality, and environmental conditions, including the methods described in Considerations for Conserving Foothill Yellow-Legged Frog (CDFW 2018b), and Visual Encounter Survey Protocol for Rana Boylii in Lotic Environments (UC Davis 2017). Preconstruction surveys for special-status amphibian species shall be conducted throughout the proposed construction area and at least a 400-foot buffer around the proposed development area. Surveys shall consist of "visual encounter"

Considerations for Conserving Foothill Yellow-Legged Frog (CDFW 2018b), and Visual Encounter Survey Protocol for Rana Boylii in Lotic Environments (UC Davis 2017). Preconstruction surveys for special-status amphibian species shall be conducted throughout the proposed construction area and at least a 400-foot buffer around the proposed development area. Surveys shall consist of "visual encounter"

as well as "walk and turn" surveys of areas beneath surface objects (e.g., rocks, leaf litter, moss mats, coarse woody debris) for salamanders, and visual searches for frogs. Preconstruction surveys shall be conducted within the appropriate season to maximize potential for observation for each species, and appropriate surveys will be conducted for the applicable life stages (i.e., eggs, larvae, adults).

If special-status amphibians are not detected during the preconstruction survey, then further mitigation is not required.

If special-status amphibians are detected during the preconstruction survey, then work on the site shall not commence until the applicant has consulted with CDFW as described above. Injury to or mortality of special-status amphibians will be avoided by modifying project design, relocating the cultivation site, or relocating individual animals. If impacts to Cascades frog or foothill yellow-legged frog (both listed under CESA) are unavoidable, then the applicant will submit an incidental take permit application to CDFW and receive take authorization before commencing development of the cultivation site. Conditions of incidental take authorization may include minimization measures to reduce impacts to individual Cascades frogs or foothill yellow-legged frogs, or compensation for loss of the species including but not limited to purchasing credits from a CDFW-approved mitigation bank. (MM 3.4-2a.)

E.

If pond turtles are detected during the initial biological reconnaissance survey identified in subsection A of this section, preconstruction surveys, or are determined to be likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals by a qualified biologist with a valid CDFW scientific collecting permit, or installation of exclusionary fencing, will be necessary and appropriate. Compliance documentation shall be submitted to the county as part of the application materials and may be combined with required compliance with SWCRB Order WQ 2019-0001 DWQ, or any successor to that order.

Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist approved by the County and familiar with the life history of western pond turtle shall conduct preconstruction surveys of proposed new development activities within 200 feet of any aquatic habitat 24 hours before such development activities.

biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist approved by the County and familiar with the life history of western pond turtle shall conduct preconstruction surveys of proposed new development activities within 200 feet of any aquatic habitat 24 hours before such development activities.

If pond turtles are not detected during the preconstruction survey, then further mitigation is not required. If pond turtles are detected during the preconstruction survey, then consultation with CDFW shall be initiated as described above. Injury or mortality of western pond turtle will be avoided through project design modification, cultivation site relocation, or relocation of the turtle by a qualified biologist with a valid CDFW scientific collecting permit. If relocation of western pond turtles is determined to be necessary, turtles shall be relocated to similar nearby habitat free of predators (e.g., racoon, coyote, raptors, bullfrog, nonnative turtles, other western pond turtles) as determined by the qualified biologist. If western pond turtles are relocated, a report shall be submitted electronically to CDFW within 15 days of the relocation. The report shall include the location, date, time, and duration of collection and release; the number of individuals relocated; and identification of the qualified biologist. (MM 3.4-2b.)

F.

Compliance documentation will be provided to the County as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of nesting raptors from new development related to cannabis activities.

1.

To minimize the potential for loss of nesting raptors, tree removal activities shall occur only during the nonbreeding season (September 1-January 31).

2.

Prior to removal of any trees or ground-disturbing activities between February 1 and August 31, a qualified biologist approved by the County shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred feet of the proposed development area. The surveys shall be conducted between February 1 and August 31.

3.

Impacts to nesting raptors, including direct impacts and indirect impacts (e.g., noise, presence of construction crews) shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. Factors to be considered for determining buffer size will include the presence of natural buffers provided by vegetation or topography; nest height; locations of foraging territory; and baseline levels of noise and human activity. Buffer size if the qualified biologist and the applicant, in consultation with CDFW, determine that such an adjustment would not be likely to adversely affect the nest. The buffer areas shall be protected with construction fencing, and no activity shall occur within the buffer areas until the qualified biologist has determined, in coordination with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist approved by the county during and after construction activities (e.g., ground disturbance, vegetation removal, installation cultivation sites) will be required if the activity has potential to adversely affect the nest.

4.

Removal of bald and golden eagle nests is prohibited regardless of the occupancy status under the federal Bald and Golden Eagle Protection Act. If bald or golden eagle nests are found during preconstruction surveys, then the nest tree shall not be removed.

5.

Trees shall not be removed during the breeding season for nesting raptors unless a survey by the qualified biologist verifies that there is not an active nest in the tree. (MM 3.4-2c.)

G.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of northern spotted owl from new development related to cannabis activities. To avoid the potential for loss of northern spotted owl and their nests, or loss or fragmentation of occupied or suitable habitat for northern spotted owl, removal of old-growth habitat shall be prohibited, as outlined in subsection P of this section.

If the area of proposed new development activities (e.g., any application for commercial cannabis operations or renewal of an existing licensed cultivation site that is planning to expand its designated area) is within suitable habitat for northern spotted owl (e.g., coniferous forest), and is within 1.3 miles (average species home range) of a known occurrence of northern spotted owl, as determined by a qualified biologist familiar with the species and protocol and approved by the county, the following measures shall be followed:

1.

Prior to removal of any trees, or ground-disturbing activities adjacent or within suitable nesting, roosting, or foraging habitat (e.g., forest clearings) for spotted owl, a qualified biologist approved by the county and familiar with the life history of the northern spotted owl shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site as described in Protocol for Surveying Proposed Management Activities That May Impact Northern Spotted Owls (USFWS 2012). Surveys shall take place between March 1 and August 31. Three complete surveys spaced at least seven days apart must be completed by June 30. Six complete surveys over the course of two years must be completed to determine presence or absence of northern spotted owl.

2.

If northern spotted owls are determined to be absent 1.3 miles from the site, then further mitigation is not required.

3.

If northern spotted owls are determined to be present within 1.3 miles of the site, then it is presumed that habitat removal could cause harm to northern spotted owl populations in the area and could result in direct take of northern spotted owls. If northern spotted owls are determined to be present within 1.3 miles of the site, proposed cultivation activities, including expansion of an existing designated area, will not be permitted. (MM 3.4-2d.)

H.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of little willow flycatcher, olive-sided flycatcher, yellow warbler, yellow-breasted chat, or other bird nests from new development related to cannabis activities.

1.

To minimize the potential for disturbance to or loss of little willow flycatcher, olive-sided flycatcher, yellow warbler, yellow-breasted chat, or other bird nests, vegetation removal activities shall occur only during the nonbreeding season (September 1—January 31).

2.

If little willow flycatcher is detected during the initial biological reconnaissance survey or is determined to be likely to occur based on the presence of suitable habitat, a protocol-level survey shall be conducted by

a qualified biologist familiar with the species and the protocol prior to removal of any vegetation or any ground disturbance. The protocol-level survey shall utilize methods outlined in a Willow Flycatcher Survey Protocol for California (Bombay et al. 2003).

3.

If little willow flycatcher is determined to be present during the protocol-level survey, no development activity shall occur during the breeding season (May 1 through August 31) in and within three hundred feet of the little willow flycatcher habitat. Development activities within or adjacent to identified little willow flycatcher habitat shall not damage or destroy willows or other riparian shrubs unless agreed upon through consultation with CDFW.

4.

If olive-sided flycatcher, yellow warbler, yellow-breasted chat, or other bird nests are detected during the initial biological reconnaissance survey or are determined to be likely to occur based on the presence of suitable habitat, prior to removal of any vegetation or any ground disturbance between February 1 and August 31, a qualified biologist approved by the county shall conduct preconstruction surveys for nests on any structure or vegetation planned for removal. The surveys shall be conducted no more than 7 days

before construction commences. If no active nests are found during focused surveys, no further action under this measure will be required. If active nests are located during the preconstruction surveys, the biologist shall notify the planning director and CDFW. If deemed necessary by the planning director in consultation with CDFW, modifications to the project design to avoid removal of occupied habitat while still achieving project objectives may be required. If the county determines in consultation with CDFW that avoidance is not feasible or conflicts with project objectives, construction shall be prohibited within a minimum of one hundred feet of the nest to avoid disturbance until the nest is no longer active. (MM 3.42e.)

I.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the Trinity bristle snail from new development related to cannabis activities.

1.

If Trinity bristle snail is detected during the initial biological reconnaissance survey (see subsection A of this section) or are determined to be likely to occur due to the presence of suitable habitat, consultation with CDFW shall be initiated to determine whether mitigation measures, such as project design modifications or relocation of the site, will be necessary and appropriate.

2.

Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for Trinity bristle snail is present within the proposed development area, a qualified biologist approved by the county and familiar with the species shall conduct preconstruction surveys of proposed new development activities within the period when the species is the most active (between May and October and between dusk and dawn) prior to new development activities. Preconstruction surveys shall be conducted using a

widely used and accepted standardized protocol that controls for seasonality and environmental conditions, such as the the Survey Protocol for Survey and Manage Terrestrial Mollusk Species from the Northwest Forest Plan (BLM 2003). Surveys shall be conducted throughout the proposed construction area and an appropriate buffer around the proposed development area as determined by the qualified biologist familiar with the species and survey protocols.

3.

If Trinity bristle snail or its habitat is not detected during the preconstruction survey, then further mitigation is not required.

4.

If Trinity bristle snail is detected during the preconstruction survey, then consultation with CDFW shall be initiated as described above. Injury or mortality of this species will be avoided through project design modification or cultivation site relocation. If impacts to Trinity bristle snail are unavoidable, then the applicant will submit an incidental take permit (ITP) application to CDFW and receive authorization prior to commencing development of the cultivation site. Conditions of incidental take authorization may include minimization measures to reduce impacts to individual Trinity bristle snails, or compensation for loss of the species including but not limited to purchasing credits from a CDFW-approved mitigation bank. (MM 3.42f.)

J.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the American badger from new development related to cannabis activities.

Prior to the commencement of construction activities, a qualified wildlife biologist approved by the county shall conduct surveys of the suitable grassland or agricultural habitats slated for conversion within the site to identify any American badger burrows/dens. These surveys shall be conducted not more than thirty days prior to the start of construction. If occupied burrows are not found, further mitigation shall not be required. If occupied burrows are found, impacts to active badger dens shall be avoided by establishing exclusion zones around all active badger dens, within which construction related activities shall be prohibited until denning activities are complete or the den is abandoned. The qualified biologist shall monitor each den once per week to track the status of the den and to determine when it is no longer occupied. (MM 3.4-2h.)

K.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the fisher and Humboldt marten from new development related to cannabis activities.

1.

To minimize the potential for loss of or disturbance to fisher and Humboldt marten habitat and dens, removal of old-growth habitat shall be prohibited, as outlined in subsection P of this section.

2.

Prior to commencement of new development related to cannabis activities occurring within the fisher and Humboldt marten denning season (March 1 to July 31), including tree removal (non-old growth), a qualified wildlife biologist approved by the county will conduct preconstruction surveys of all suitable habitat within the site, and will identify sightings of individual fishers or martens, as well as potential dens.

3.

If individuals or potential or occupied dens are not found, further mitigation will not be required.

4.

If fisher or Humboldt marten are identified or if potential dens of these species are located, an appropriate method shall be used by the qualified wildlife biologist to confirm whether a fisher or marten is occupying the den. This may involve use of remote field cameras, track plates, or hair snares. Other devices such as fiber optic scope may be utilized to determine occupancy. If no fisher or marten occupies the potential den, the entrance will be temporarily blocked so that no other animals occupy the area during ground

disturbance, vegetation removal, or installation of cultivation sites, but only after it has been fully inspected. The blockage will be removed once these activities have been completed.

5.

If a den is found to be occupied by a fisher or marten, a no-disturbance buffer will be placed around the occupied den location. The no-disturbance buffer will include the den tree (or other structure) plus a suitable buffer as determined by the biologist in coordination with CDFW. Construction activities in the nodisturbance buffer will be avoided until the nest is unoccupied as determined by a qualified wildlife biologist in coordination with CDFW. (MM 3.4-2i.)

L.

Compliance documentation will be provided to the County as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the ringtail from new development related to cannabis activities.

1.

Prior to commencement of new development related to cannabis activities occurring within the ringtail nesting season (not well defined but likely approximately March 1 to July 31), including tree or shrub removal, a qualified wildlife biologist approved by the County will conduct preconstruction surveys of all suitable habitat within the site, and will identify sightings of individual ringtails, as well as potential nests.

2.

If individuals or potential or occupied nests are not found, further mitigation will not be required.

3.

If ringtail are identified or if potential nests of this species are located, an appropriate method shall be used by the qualified wildlife biologist to confirm whether a ringtail is occupying the den. This may involve use of remote field cameras, track plates, or hair snares. Other devices such as a fiber optic scope may be utilized to determine occupancy. If no ringtail occupies the potential nest, the entrance will be temporarily blocked so that no other animals occupy the area during ground disturbance, vegetation removal, or installation of cultivation sites, but only after it has been fully inspected. The blockage will be removed once these activities have been completed.

4.

If a nest is found to be occupied by a ringtail, a no-disturbance buffer will be placed around the occupied den location. The no-disturbance buffer will include the nest tree (or other structure) plus a suitable buffer as determined by the biologist in coordination with CDFW. Construction activities in the no-disturbance buffer will be avoided until the nest is unoccupied as determined by a qualified wildlife biologist in coordination with CDFW. (MM 3.4-2j)

M.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of Oregon snowshoe hare from new development related to cannabis activities.

1.

If it is determined during the initial biological reconnaissance survey (see subsection A of this section) that suitable habitat for Oregon snowshoe hare is present within a proposed cultivation area, then preconstruction surveys will be required. Prior to removal of any vegetation or any ground disturbance within suitable Oregon snowshoe hare habitat, a qualified biologist approved by the county shall conduct preconstruction surveys of all suitable habitat within the site.

2.

If Oregon snowshoe hares or occupied reproductive sites are not found, further mitigation will not be required.

3.

If Oregon snowshoe hares or potential or occupied reproductive sites are observed, a no-disturbance buffer will be placed around the occupied nest. The no-disturbance buffer will include the nest plus a suitable buffer as determined by the biologist in coordination with CDFW. Construction activities in the nodisturbance buffer will be avoided until the reproductive site is unoccupied as determined by the qualified biologist in coordination with CDFW. (MM 3.4-2k.)

N.

Compliance documentation will be provided to the County as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that

order, for the protection of the pallid bat and Townsend's big-eared bat from new development related to cannabis activities.

1.

Before commencing any development related to cannabis activities, a qualified biologist approved by the county shall conduct surveys for roosting bats. If evidence of bat use is observed, the species and number of bats using the roost shall be determined. Bat detectors may be used to supplement survey efforts. If no evidence of bat roosts is found, then no further study will be required.

2.

If pallid bats or Townsend's big-eared bats are found in the surveys, a mitigation program addressing mitigation for the specific occurrence shall be submitted to the planning director and CDFW by the qualified biologist subject to the review and approval of the planning director in consultation with CDFW. Implementation of the mitigation plan shall be a condition of project approval. The mitigation plan shall establish a buffer area around the nest during hibernation or while females in maternity colonies are nursing young that is large enough to prevent disturbance to the colonies. (MM 3.4-2l.)

O.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the Sonoma tree vole from new development related to cannabis activities.

1.

To minimize the potential for loss of or disturbance to vole habitat and nests, removal of old-growth habitat shall be prohibited.

2.

Before commencing any tree or other vegetation removal activities, or ground-disturbance, a qualified biologist approved by the county shall conduct surveys for vole nests (e.g., nest searching within trees on the site, and confirming that nests belong to voles rather than squirrels or birds). If no evidence of vole nests is found, then no further study shall be required. A report summarizing the results of the surveys shall be prepared and submitted to the planning director and shall be subject to his review and approval in consultation with CDFW.

3.

If occupied trees or nests are identified within one hundred feet of the site, the biologist shall determine whether project development activities will adversely affect the voles, based on factors such as noise level of development activities, or line of sight between the tree and the disturbance source. If it is determined that development activities would not affect the voles, then development can proceed without protective measures.

If the biologist determines that development activities would likely disturb voles, the proposed area of disturbance shall be relocated a minimum of two hundred feet from the nest. (MM 3.4-2m.)

P.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of sensitive natural communities and riparian habitat.

1.

For projects that could disturb sensitive natural communities or riparian habitat, the application shall include a report prepared by a qualified biologist approved by the county that surveys the site for these sensitive resources identified from biological reconnaissance survey conducted under subsection A of this section, including riparian habitat associated with aquatic features; old-growth Douglas fir forests; oak woodlands; special-status fish stream habitats; and Darlingtonia seep habitat.

2.

The report shall include requirements that before development activities commence, all sensitive areas identified above shall be flagged or fenced with brightly visible construction flagging and/or fencing under the direction of the qualified biologist to require that grading, excavation, other ground-disturbing activities, and vegetation removal will not occur within these areas. Foot traffic by construction personnel shall also be limited in these areas to prevent the introduction of invasive or weedy species. Periodic inspections during construction shall be conducted by the monitoring biologist to maintain the integrity of exclusion fencing/flagging throughout the period of construction involving ground disturbance.

3.

If the report documents that site development would affect the bed, bank, channel, or associated riparian habitat subject to CDFW jurisdiction under California Fish and Game Code Section 1602, a Streambed Alteration Notification shall be submitted to CDFW, pursuant to Section 1600 et seq. of the California Fish and Game Code. If proposed activities are determined to be subject to CDFW jurisdiction, the applicant shall abide by the conditions of any executed agreement prior to any ground disturbance.

4.

Subject to the review and approval of the county in consultation with CDFW, applicants shall compensate for permanent loss of riparian habitat at a minimum of a 2:1 ratio through contributions to a CDFWapproved wetland mitigation bank or through the development and implementation of a Compensatory Stream and Riparian Mitigation and Monitoring Plan for creating or restoring in-kind habitat in the surrounding area. If mitigation credits are not available, stream and riparian habitat compensation shall include establishment of riparian vegetation on currently unvegetated bank portions of streams affected by the project and enhancement of existing riparian habitat through removal of nonnative species, where appropriate, and planting additional native riparian plants to increase cover, continuity, and width of the existing riparian corridor along streams in the site and surrounding areas. Construction activities and compensatory mitigation shall be conducted in accordance with the terms of a streambed alteration

agreement as required under Section 1602 of the California Fish and Game Code as well as the SWRCB Order WQ 2019-0001-DWQ, or any successor to that order.

The Compensatory Stream and Riparian Mitigation and Monitoring Plan shall include the following:

a.

Identification of compensatory mitigation sites and criteria for selecting these mitigation sites;

b.

In-kind reference habitats for comparison with compensatory riparian habitats (using performance and success criteria) to document success;

c.

Monitoring protocol, including schedule and annual report requirements (compensatory habitat will be monitored for a minimum of five years from completion of mitigation, or human intervention [including recontouring and grading], or until the success criteria identified in the approved mitigation plan have been met, whichever is longer);

d.

Ecological performance standards, based on the best available science and including specifications for native riparian plant densities, species composition, amount of dead woody vegetation gaps and bare ground, and survivorship; at a minimum, compensatory mitigation planting sites must achieve eighty percent survival of planted riparian trees and shrubs by the end of the five-year maintenance and monitoring period or dead and dying trees will be replaced and monitoring continued until eighty percent survivorship is achieved;

e.

Corrective measures if performance standards are not met;

f.

Responsible parties for monitoring and preparing reports; and

g.

Responsible parties for receiving and reviewing reports and for verifying success or prescribing implementation or corrective actions. (MM 3.4-4a.)

Q.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of waters of the United States from new development related to cannabis activities.

1.

The application shall include a report prepared by a qualified biologist approved by the county that surveys the site for sensitive resources, including wetlands, streams, and rivers identified from the biological reconnaissance survey conducted under subsection A of this section. Wetlands and other waters of the United States are of special concern to resource agencies and are afforded specific consideration, based on Section 404 of the Clean Water Act and other applicable regulations.

2.

If the report documents waters of the United States to be present, a delineation of waters of the United States, including wetlands that would be affected by the project, shall be prepared by a qualified biologist approved by the county through the formal Section 404 wetland delineation process. The delineation shall be submitted to and verified by USACE.

3.

If, based on the verified delineation, it is determined that fill of waters of the United States would result from implementation of the project, authorization for such fill from USACE through the Section 404 permitting process would be required. USACE may not issue a Section 404 permit for activities associated with cannabis cultivation. If a Section 404 permit cannot be obtained, then the applicant shall modify the proposed project to avoid any wetlands or other waters of the United States by providing a buffer of at least 50 feet around these features. (MM 3.4-5.)

R.

Compliance documentation will be provided to the county as part of the application materials and may be combined with required compliance with SWRCB Order WQ 2019-0001-DWQ, or any successor to that order, for the protection of the habitat for fisher and Humboldt marten:

1.

To minimize the potential for loss of or disturbance to fisher and Humboldt marten habitat, removal of oldgrowth habitat shall be prohibited.

2.

Habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and understory vegetation (e.g., shrubs), shall be retained within the site to the extent feasible, to maintain connectivity of fisher and marten habitat. (MM 3.4-6b.)

S.

Historic Buildings and Structures.

1.

Cannabis cultivation operations shall not be permitted within the historic districts of Weaverville, Denny, Helena, and Lewiston, unless the operations occur indoors and do not require modification of historic

features.

2.

Applicants shall identify and evaluate all historic-age (over forty-five years in age) buildings and structures that are proposed to be removed or modified as part of cannabis operations. This shall include preparation of a historic structure report and evaluation of resources to determine their eligibility for recognition under federal, state, or county local official register of historic resources criteria. The evaluation shall be prepared by an architectural historian or historical architect meeting the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, Professional Qualification Standards. The evaluation shall comply with State CEQA Guidelines Section 15064.5(b) and, if federal funding or permits are required, with Section 106 of the NHPA of 1966 (16 United States Code Section 470 et seq.).

3.

If resources eligible for inclusion in the NRHP, CRHR, or local official register of historic resources are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts. If avoidance of a significant architectural/built environment resource is not feasible, additional mitigation options include, but are not limited to, specific design plans for historic

districts or plans for alteration or adaptive reuse of a historical resource that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Reconstructing Historic Buildings. (MM 3.5-1b.)

T.

Applications for new cannabis activities on sites that contain existing or previous commercial, business park, or industrial uses shall include a site assessment for the presence of potential hazardous materials, including an updated review of environmental risk databases. If this assessment indicates the presence or likely presence of contamination, the applicant shall prepare a Phase I ESA in accordance with the American Society for Testing and Materials' E-1527-05 standard. For work requiring any demolition, the Phase I ESA shall make recommendations for any hazardous building materials survey work that shall be done. All recommendations included in a Phase I ESA prepared for a site shall be implemented to protect public health. If a Phase I ESA indicates the presence or likely presence of contamination, the applicant shall prepare a Phase II ESA, and recommendations of the Phase II ESA shall be fully implemented before ground disturbance, which will be made a condition of approval for the project. (MM 3.9-2a.)

U.

Applications for new licensed commercial cannabis on commercial, business park, or industrial sites shall include a hazardous materials contingency plan for review and approval by Trinity County Division of Environmental Health. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of underground storage tanks or buried building material. The plan shall include the provision that, if at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Trinity County Division of Environmental Health. Work shall not recommence

until the discovery has been assessed/treated appropriately (through such mechanisms as soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels) to the satisfaction of Trinity County Division of Environmental Health, RWQCB, and DTSC (as applicable). The plan, and obligations to abide by and implement the plan, shall be incorporated into the conditions of approval for the project. (MM 3.9-2b.)

V.

Applications will identify drainage and water quality controls for the site, including roads leading to and from a site, that ensure no sedimentation or other pollutants leave the site as part of project construction and operation. Compliance with this requirement may be combined with the NPDES Construction General Permit compliance measures. Roadway design, water quality control, and drainage features shall be designed and maintained to accommodate peak flow conditions and will be consistent with the Road Handbook, per CCR Title 14, Chapter 4. The County will annually inspect compliance with this measure as part of license issuance or license renewal to confirm compliance. (MM 3.10-1a.)

X.

As part of the application and license renewal process, applicants shall provide the county with

groundwater monitoring data for existing on-site well facilities that documents water usage and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts on adjacent well(s), surface waters, waters of the state, and sensitive habitats, and indicate a connection to operation of the on-site wells, the cannabis operators, in conjunction with the county, shall develop adaptive management measures to allow for recovery of groundwater levels that would protect adjacent wells and habitat conditions that could be adversely affected by declining groundwater levels. Adaptive management measures may include forbearance (e.g., prohibition of groundwater extraction from the months of May to October), water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures will remain in place until groundwater levels have recovered and stabilized based on annual monitoring data provided to the county as part of subsequent annual inspections. Any monitoring cannabis cultivation irrigation wells that demonstrate hydrologic connection to surface waters shall be subject to surface water diversion requirements and restrictions in SWRCB Order WQ 2019-0001DWQ, or any successor to that order. Wells shall also be sited outside of the stream setbacks as set forth in SWRCB Order WQ 2019-0001-DWQ, or any successor that order. (MM 3.10-2.)

Y.

Prior to the issuance of a license and/or use permit, the county will determine if the application site is located within a watershed on which the CDFA has placed a moratorium on state licensing pursuant to California Code of Regulations Section 8216. The county will reject the application should the site be located in such a watershed. Noncultivation uses may still be allowed if the applicant can demonstrate that the project's water source is groundwater that is not hydrologically connected to the watershed to the satisfaction of the county. (MM 3.10-3a.)

Z.

Applications for new commercial cannabis activities and license renewals for existing cannabis operations shall, where appropriate, provide documentation showing that roadways providing site access are in compliance with Chapter 12.10: Design Policies of this Code. New roadway water quality control and drainage features or new drainage features on existing roadways shall be designed to accommodate peak flow conditions and will be consistent with the Road Handbook per California Code of Regulations, Title 14, Chapter 4, and SWRCB Order WQ 2019-0001-DWQ, or any successor to that order. (MM 3.14-3.)

AA.

Applications for new commercial cannabis activities and license renewals for existing cannabis operations shall provide documentation showing that site access is in compliance with Chapter 8.30 Fire Safe Ordinance of this code. (MM 3.14-4.)

BB.

Applicants for new commercial noncultivation cannabis operations shall prepare a materials management plan that will address each permit type sought within a site. Compliance with state licensing that addresses these items may be used to demonstrate compliance with this measure. The plan shall include:

1.

A detailed description of activities and processes occurring on site, including:

a.

Equipment type and number,

b.

Detailed standard operating procures for processes,

c.

Chemical requirements and reactions,

d.

Cleaning procedures for equipment,

e.

Required pretreatment requirements for discharge to a public wastewater treatment system, and

f.

Disposal methods for all materials (e.g., plant materials, solvents, empty containers).

2.

Identification of type and quantity of items produced, including:

a.

Material safety data sheets for all chemical substances occurring on site,

b.

Manifests for each chemical describing quantities purchased, date used, and quantities disposed,

c.

Facility site plan with storage map, showing where hazardous materials will be stored,

d.

An inventory of all emergency equipment with the location and description of items, including:

i.

Personal protective equipment,

ii.

Fire extinguishing systems,

iii.

Spill control equipment and decontamination equipment, and

iv.

Communication and alarm systems.

3.

An employee training plan that includes:

a.

Emergency response procedures and incident reporting, and

b.

Chemical handling procedures.

The materials management plan shall be submitted to Trinity County Division of Environmental Health and public agencies or private enterprises accepting waste materials, including CSDs and waste transfer stations. Commercial cannabis permits shall not be granted without approval of the materials management plan from relevant agencies and identification and construction of any required pretreatment facilities for wastewater. (MM 3.15-1.a.)

CC.

Applicants not relying on septic systems shall determine whether sufficient public wastewater treatment capacity exists for a proposed project. These determinations must ensure that the proposed development can be served by its existing or planned treatment capacity and wastewater conveyance through approval of the relevant service provider. If adequate capacity does not exist, the application will be denied. (MM 3.15-1.b.)

DD.

Applicants for new commercial cannabis operations that plan to obtain water from a retail water supply will obtain, and provide to the county, written verification from the water service provider that adequate water supply and water distribution facilities are or will be available to serve the site including peak operations (e.g., growing season). If adequate capacity does not exist, the application will be denied. (MM 3.15-2.)

EE.

Waste Compost Management.

1.

Applicants for new commercial cannabis operations and relicensed sites will develop and implement a cannabis waste composting management plan if the operator proposes to dispose of cannabis waste through onsite composting. The plan shall meet all state requirements and the following requirements that will be confirmed by the county during inspections.

2.

Designation of the composting area on a site plan that is contained within the site boundaries (must be located within the designated area for cultivation operations) that is of adequate size to accommodate site cannabis waste needs.

3.

Identification of water quality control features that ensure no discharge of cannabis waste or other pollutants.

4.

Details on routine management and equipment used in the composting area that ensures proper composting and control of odors, potential fuel hazards, and pests for the life of the cannabis operation. (MM 3.15-3.)

FF.

Compliance documentation will be provided to the County as part of the application materials for the protection of special-status bumble bees from new development related to cannabis activities. Such documentation may be combined with required compliance with SWCRB Order 2019-0001-DWQ, or any successor to that order.

1.

If special-status bumble bees are detected during the initial biological reconnaissance survey or are determined to be likely to occur due to the presence of suitable habitat, consultation with CDFW shall be initiated to determine whether mitigation measures, such as protocol-level surveys, project design modifications, or relocation of the site, will be necessary and appropriate.

2.

If impacts to special-status bumble bees are determined to be unavoidable, then the applicant will submit an incidental take permit (ITP) application to CDFW and receive authorization prior to commencing development of the cultivation site. Conditions of incidental take authorization may include minimization measures to reduce impacts to individual bumble bees, or compensation for loss of the species including but not limited to purchasing credits from a CDFW-approved mitigation bank. (MM 3.4-2g.)

GG.

Compliance documentation will be provided to the county as part of the application materials for the protection of gray wolves from new development related to cannabis activities. Such documentation may be combined with the required compliance with SWRCB Order 2019-0001-DWQ, or any successor that order.

1.

If gray wolf is detected during the initial biological reconnaissance survey is determined to be likely to occur due to the presence of suitable habitat and recent species range information, consultation with CDFW shall be initiated to determine whether mitigation measures, such as protocol-level surveys, project design modifications, relocation of the site, limited operating periods, or biological monitoring will be necessary and appropriate.

2.

If impacts to gray wolf cannot be avoided, then proposed cultivation activities will not be permitted. (MM 3.4-2o.)

(Ord. No. 315-849, § 1, 12-28-2020)

17.43G.040 - Performance standards applicable to all cannabis land uses.

The following standards shall apply to the extent applicable to all cannabis land uses and shall be in addition to any other standards specified in other chapters of this code:

A.

All diesel-powered off-road equipment used in construction shall meet the EPA's Tier 4 emission standards as defined in 40 Code of Federal Regulations (CFR) Part 1039 and comply with the exhaust emission test procedures and provisions of 40 CFR Parts 1065 and 1068. Tier 3 models or best available construction equipment can be used if a Tier 4 version of the equipment type is not available. This measure can also be

achieved by using battery-electric off-road equipment as it becomes available. Implementation of this measure shall be required in the contract the project applicant establishes with its construction contractors.

Construction activities will implement measures to control dust including:

1.

Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day.

2.

Cover all haul trucks transporting soil, sand, or other loose material off-site.

3.

Remove all visible mud or dirt track-out onto the roads adjacent to the site.

4.

Limit all construction vehicle speeds on unpaved roads to fifteen miles per hour. (3.3-1b.)

B.

Renewable diesel (RD) fuel shall be used in diesel-powered construction equipment if commercially available in reasonable proximity. RD fuel must meet the following criteria:

1.

The RD must meet California's Low Carbon Fuel Standards and be certified by the California Air Resources Board Executive Officer;

2.

The RD must be hydrogenation-derived (reaction with hydrogen at high temperatures) from one hundred percent biomass material (i.e., non-petroleum sources), such as animal fats and vegetables;

3.

The RD must contain no fatty acids or functionalized fatty acid esters; and

4.

The RD must have a chemical structure that is identical to petroleum-based diesel and complies with American Society for Testing and Materials D975 requirements for diesel fuels to ensure compatibility with all existing diesel engines.

The County shall require implementation of this measure of the licensed entities building a new cannabis site. (3.3-1c.)

C.

Except as provided in subsection D of this section, during cultivation operations, licensees shall limit the use of off-road equipment that is powered by gasoline, diesel, or other fossil fuels where available. (3.3-2a.)

D.

All diesel generators used at a cultivation site shall meet EPA's Tier 4 emission standards as defined in 40 CFR 1039 and comply with the exhaust emission test procedures and provisions of 40 CFR Parts 1065 and 1068. Tier 3 models or best available model can be used if a Tier 4 version of the equipment type is not available. This measure can also be achieved by using battery-electric off-road equipment as it becomes available. Implementation of this measure shall be required in the contract the project applicant establishes with its construction contractors. (3.3-2b)

E.

Cannabis sites shall develop and implement an odor control plan that contains the following requirements, as appropriate for each cannabis use:

1.

This mitigation shall not apply to lands zoned agricultural, agriculture-forest, or agricultural preserve.

2.

Identification and description of odor-emitting activities and the nature and characteristics of the emissions.

3.

Location and distance of sensitive receptors (e.g., residents, youth-oriented facilities, schools, churches, residential treatment centers) from the site.

4.

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 a nuisance.

5.

If off-site odor nuisance impacts cannot be avoided without odor controls, identify the procedures and controls for reducing and controlling odors on-site, including the following as applicable to the cannabis use and license type (outdoor, mixed-light, and indoor). The operator may propose a numeric odor detection threshold for on-site operations (such as dilution-to-threshold standard that is verified by persons of normal odor sensitivity as defined by European Standard EN 13725) subject to county review and approval.

a.

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 plant material recently harvested.

b.

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 other technology and/or use of odor easements to address odor impacts.

c.

Corrective actions to address county-verified off-site odor complaints will be identified and methods to be developed and applied for the next harvest to minimize off-site odor impacts so that they would not conflict with other applicable standards of the county's cannabis program or state license requirements. (3.3-3.)

F.

Paleontological Resources.

1.

If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred feet) of the discovery and shall immediately contact the county.

2.

A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the county. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the county, that ensure proper exploration and/or salvage. It is encouraged that the excavated finds first be offered to a state-designated repository such as the Museum of Paleontology, University of California, Berkeley, or the California Academy of Sciences. Otherwise, the finds may be offered to the county for purposes of public education and interpretive displays. The paleontologist shall submit a follow-up report to the county that shall include the period of inspection, an analysis of the fossils found, and the present repository of fossils. (MM 3.7-4.)

G.

All electricity sources used for commercial cannabis cultivation, manufacturing, microbusinesses, nonstorefront retail, testing, nurseries, and distribution shall be from renewable-compliant sources by conforming to one or more of the following standards by January 1, 2023 for consistency with California Code of Regulations Title 3, Division 8, Chapter 1, Section 8305 (Renewable Energy Requirements):

Grid-based electricity supplied from one hundred percent renewable sources

2.

On-site power supplied fully by renewable source (e.g., photovoltaic system)

3.

On-site power supplied by partial or wholly non-renewable source with purchase of carbon offset credits

4.

Or some combination of the above. (MM 3.8-1b.)

H.

Lighting Efficiency.

1.

Only light-emitting diodes (LEDs) or double-ended high-pressure sodium (HPS) fixtures shall be used in all existing and new mixed-light cultivation operations (i.e., sites not seeking relicensing).

2.

Only high efficacy lighting shall be used in all existing and new noncultivation operations (i.e., sites not seeking relicensing).

3.

Examples of high efficacy lighting include:

a.

Pin-based linear fluorescent or compact fluorescent light sources using electronic ballasts;

b.

Pulse-start metal halide light sources;

c.

HPS light sources;

d.

Luminaries with hardwired high frequency generator and induction lamp; and

e.

LEDs. (MM 3.8-1d.)

I.

All outdoor construction activity and use of heavy equipment outdoors shall take place between seven a.m. and seven p.m. (MM 3.12-1.)

J.

New power lines extended to sites shall be placed underground. If power lines cannot be placed underground, fuel breaks shall be provided along power lines and any stand-alone electrical facilities in a manner that would avoid ignition of adjacent vegetation to the satisfaction of the county and CAL FIRE. Fuel breaks shall be maintained and verified by the county as part of annual license renewal. (MM 3.16-2a.)

K.

The operation of outdoor motorized equipment on-site for construction and maintenance activities shall be required to be covered under a fire protection plan that includes the following provisions:

1.

Fire watch personnel responsible for watching for the occurrence of fire during and after equipment use shall be identified.

2.

Equipment shall be located so that exhausts do not discharge against combustible materials.

3.

Equipment shall not be refueled while in operation and not until after a cooldown period.

4.

Water and tools dedicated to fire fighting shall be on hand in the area of onsite construction and maintenance activities at all times.

5.

Designated smoking areas with cigarette disposal receptacles that are burn resistant. (MM 3.16-2b.)

L.

Upon revocation of a use permit or abandonment of a licensed cultivation or nursery site, the permittee and/or property owner shall remove all materials, equipment, and improvements on the site that were devoted to cannabis use, including but not limited to concrete foundations and slabs; bags, pots, or other containers; tools; fertilizers; pesticides; fuels; hoop house frames and coverings; irrigation pipes; water bladders or tanks; pond liners; electrical lighting fixtures; wiring and related equipment; fencing; cannabis or cannabis waste products; imported soil or soil amendments not incorporated into native soil; generators; pumps; or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the permittee and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site. The property

owner shall be responsible for execution of the restoration plan that will reestablish the previous natural conditions of the site, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions by the county. (MM 3.4-4b.)

(Ord. No. 315-849, § 1, 12-28-2020)

Chapter 17.43H - CANNABIS STOREFRONT RETAIL

Sections:

17.43H.010 - Definitions.

"Cannabis" means any plant of the genus Cannabis, as defined by Section 11018 of the Health and Safety Code.

"Storefront retail" means a licensed retailer selling adult-use and medical cannabis or cannabis products to the end user or customer. A cannabis storefront retailer does not include the following uses;

(1)

A clinic pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

(2)

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; and

(3)

A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.020 - Allowable zoning.

A.

Zoning — Storefront retail premises are only allowed in the following zones where commercial activities are allowed:

Highway Commercial (HC):

a.

Cannabis storefront retail uses in the HC zone that include the provision of ancillary services that accommodate the needs of the traveling public - subject to a director's use permit.

b.

Cannabis storefront retail uses in the HC zone that do not include the provision of ancillary services that accommodate the needs of the traveling public - subject to a conditional use permit.

2.

Retail Commercial (C-1) subject to a director's use permit.

3.

General Commercial (C-2) subject to a director's use permit.

B.

Overlay Districts — Notwithstanding subsection above: if the cannabis storefront retail premises is to be located on a parcel that has a zoning overlay of "Scenic Conservation" (TCC Section 17.25), a conditional use permit is required; if the cannabis storefront retail premises is to be located on a parcel that has a zoning overlay of "Special Treatment"(TCC Section 17.29C) a conditional use permit is required and the architectural review committee shall make recommendations to the planning commission to ensure compliance with ord. No. 315-800, Res. No. 2013-20 and any other related historical legislation.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.030 - Regulations.

A.

It shall be unlawful for any person to engage in or to conduct, or permit to be engage in or conducted, in or upon his/her property within the county the operation of a cannabis storefront retail unless he/she has first obtained and continues to maintain in full force and effect a valid cannabis storefront retail license issued by the county for that property pursuant to this chapter.

B.

Cannabis storefront retail licenses are allowed subject to issuance and maintenance of the permits and entitlements set forth in this chapter, and compliance with all other applicable county and state laws and regulations, and the issuance and maintenance of a valid and current state license.

C.

On-site consumption of cannabis and cannabis products is permitted at the licensed retail dispensary as set forth pursuant to applicable state and local laws and regulations if all the following are met:

1.

Access to the area where cannabis consumption is allowed is restricted to persons twenty-one years of age or older.

2.

Cannabis consumption is not visible from any public place.

3.

Consumption area shall be designated on the site plan, and clearly labeled on site. Smoking of cannabis goods shall be prohibited in any areas where smoking is prohibited by law

4.

Consumption of cannabis products on the retail premises shall be in a separate area from where sales transactions are conducted. Areas shall be partitioned and provided a separate age verification check prior to entry into the "consumption area"

5.

For retail dispensaries, sale or consumption of alcohol or tobacco is prohibited on the premises.

D.

If on-site consumption is allowed, the cannabis storefront retail facility shall not be located within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein. If on-site consumption is not allowed, the minimum required distance from these uses is six hundred feet. All other setbacks of the zone district in which the property is located shall apply.

E.

Location Limitations — Cannabis storefront retail establishments are not allowed in the following areas:

1.

Trinity jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area

2.

Rush Creek Estates opt out area

3.

Lewiston Expansion opt out area

Weaverville Historic District

(Ord. No. 315-852, § II, 7-19-22)

17.43H.040 - Application.

A.

Cannabis storefront retail applicants shall apply and must receive approval of a use permit as identified in Section 17.43H.020.

B.

A cannabis business shall register and obtain a cannabis storefront retail license from Trinity County prior to operation. The applicant shall pay a non-refundable fee in an amount established by the Trinity County Board of Supervisors.

C.

A copy of the cannabis storefront retail license shall always be displayed in a place visible to the public.

D.

A cannabis storefront retail license shall be valid for one year, and subsequently valid for three years, unless sooner revoked. No license granted herein shall confer any vested right to any person or business for more than the above-referenced period.

E.

A cannabis storefront retail license shall not be issued to an individual or a business entity associated with an individual, who has violated California Health & Safety Code Section 11590 and its provisions.

F.

The cannabis storefront retail license shall be issued to the specific person or entity listed on the license application.

G.

A cannabis storefront retail license is not transferable from person to person without completion of a new application.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.050 - Application requirements.

A.

The planning director or his/her designee will prepare cannabis storefront retail use permit and license application forms and a related administrative policy. Each applicant interested in operating pursuant to this

chapter may submit required applications together with a one-time non-refundable processing fee in an amount established by the Trinity County Board of Supervisors.

B.

The planning director or his/her designee shall determine whether each application received demonstrates compliance with the minimum requirements for a cannabis storefront retail use permit and/or license. These requirements include:

1.

Application is filled out completely.

2.

Application fee is paid.

3.

The location indicated on the application meets the zoning criteria.

4.

A notarized signature from the property owner authorizing the location to be used for cannabis storefront retail activity.

5.

Live scan background check for the business owner(s)/applicants(s) referenced on the application.

6.

There may be no change in the applicant/business owner from the one(s) listed on the cannabis storefront retail license application. The application must identify individual owner(s) as defined in the MCRSA 19320(b)(1. et. seq.) as may be amended.

7.

All other application documents required in the county's application package instructions, the MCRSA, Proposition 64 and any other applicable regulations as they may be amended.

8.

Photographs of the exterior of the building including the entrances(s), exit(s), street frontage(s), and parking area(s).

9.

If the property is being rented, leased or purchased under contract, the lease agreement term and name of lessor or equivalent, shall be provided by a notarized signed affidavit of the property owner.

The name and address of the applicant's current agent for service of process.

11.

A copy of the applicant's board of equalization seller's permit.

12.

A copy of the cannabis storefront retail operating standards containing a statement dated and signed by the business owner stating that under penalty of perjury that they read, understand and shall ensure compliance with the aforementioned operating standards.

13.

A floorplan identifying ingress/egress, customer check in, waiting area, restroom facilities, retail product area, and product storage area.

14.

Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate.

15.

Release of Trinity County from all liability associated with the cannabis storefront retail business. Such a release includes indemnifying Trinity County for claims, damages and injuries that may arise as a result of the cannabis storefront retail business.

16.

Identified actions and commitments to implement the county's local first strategy to encourage cannabis retailers to promote locally-grown cannabis and locally-produced cannabis products to the greatest extent feasible.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.060 - Prohibited activities.

It is unlawful and shall constitute a public nuisance for anyone to own, establish, operate, use, or permit the establishment or operation of cannabis storefront retail:

A.

Without a valid use permit as required by this chapter;

B.

Without a valid local license required by this chapter;

C.

Without a valid state license required under California law; and

D.

In violation of any local or state regulations.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.070 - Denial/rescission of license.

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony.

2.

The operation as proposed if permitted, would not comply with all applicable laws including but not limited to the building, planning, fire safe and health codes of the county including the provisions of this chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Chapter 8.90.130 of Trinity County Code.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.080 - Inspection, enforcement and violations.

The planning director, or his/her designee, may enter and inspect the location of any cannabis storefront retail business during normal business hours to ensure compliance with this chapter. In addition, law enforcement may enter and inspect the location of any cannabis business and the recordings and records maintained as required by this chapter.

Each day of operation shall constitute a separate violation of this section. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Municipal Code. Additionally, any violation of this chapter shall constitute nuisance and violators shall be subject to injunctive relief, revocation of the business's cannabis storefront retail license, disgorgement and payment to Trinity County of any and all monies unlawfully obtained, costs of abatement,

costs of investigation, attorney fees and any other relief or remedy available at law or equity. The county may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the cannabis business and persons related or associated with the cannabis business.

(Ord. No. 315-852, § II, 7-19-22)

17.43H.090 - Fees.

All cannabis storefront retail business operations shall pay applicable fees approved by the board of supervisors, which shall include the following:

A.

Application Fees. The business applicant shall submit non-refundable one-time fees to cover the cost of processing an application for the commercial cannabis retail storefront use permit and license.

B.

License Fees. The business owner shall pay license fees ("license fees"). The amount of the fee shall be set by the Trinity County Board of Supervisors by resolution and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis storefront retail business operation. The license fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date, and may be amended from time to time based upon actual costs.

(Ord. No. 315-852, § II, 7-19-22)

Chapter 17.43I - CANNABIS PROCESSING

Sections:

17.43I.010 - Definitions.

"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus Cannabis, as defined by Section 11018 of the Health and Safety Code.

"Premises" means the designated structure(s) and land specified in the application that is owned leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises may only be occupied by one county commercial cannabis cultivation license type. Multiple additional commercial cannabis activities (i.e. nursery, distribution, manufacturing, etc.) may exist on the same legal parcel.

"Processing" means to trim, cure, dry, grade, package, and/or label cannabis.

"Processor" is a license type that allows for processing of cannabis grown off-premises. State cannabis cultivation licenses allow for processing of cannabis grown on the premises (CCR, Title 4, Sections 15000(c), (q), and (eee)).

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Self-processor" is a license type that allows for the processing of cannabis grown on any premises within Trinity County which is under the same ownership, including those premises with multiple cannabis licenses under the same ownership, and allows for the processing of cannabis grown on those premises where the parcel is partially or completely within a county immediately adjoining Trinity County and the parcel abuts a parcel owned by the licensee within Trinity County on which cultivation is licensed to occur. The licensee must provide verification to the satisfaction of the director that the owner holds the appropriate distribution and/or transportations licenses, or any similar license, as applicable, for Trinity County and all required licenses and permits for the immediately adjoining jurisdiction into which a portion of the premises on which the cannabis is grown extends. For the self-processing of cannabis from premises under the same ownership that is grown in entirely or partially an adjoining county, proof to the satisfaction of the director that the activity in the adjoining county is compliant with the requirements of that county must be provided upon application and thereafter upon request, including, but not limited to, verification that the owner holds all required proper licenses and permits in the adjoining county.

"Authorized school bus stop" means any location established by a school district for pick-up and/or delivery of school children.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.020 - Allowable zoning districts.

A.

Cannabis processing facilities (requiring a state processor license) may be permitted with conditional use permit in the following zoning districts:

1.

General Commercial ("C2").

Heavy Commercial ("C3").

B.

Cannabis processing facilities (requiring a state processor license) may be permitted with a director's use permit in the following zoning districts:

Industrial ("I").

2.

Agricultural ("A").

3.

Specific Unit Development ("SUD"), whose guidelines specifically identify parcels for industrial development.

4.

Agricultural Preserve ("AP").

5.

Agricultural Forest ("AF").

C.

Cannabis processing facilities shall not be allowed within the following areas:

1.

Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District.

2.

Within the legal boundaries of the following areas which are in proximity to higher density populations, and therefore, create a substantial risk of a public nuisance:

a.

Historic District of Weaverville;

b.

Coffee Creek Volunteer Fire District;

c.

Trinity Center Community Services District;

d.

Within the following area of the Lewiston Community Services District: Mt. Diablo Meridian, Township 33N, Range 8W, Sections 17,18,19, 20, and Mt. Diablo Meridian, Township 33N, Range 9W, Section 24.

e.

Bucktail Subdivision: Unit 1,2 and 3 as found in Trinity County Book of Maps 3, Page 273, Book of Maps 4, Page 53, and Book of Maps 4, Page 150 accordingly on record with the Trinity County Recorder.

f.

Any "opt out" area designated by the board of supervisors in Chapter 17.43F, Cannabis Manufacturing.

D.

Cannabis self-processing facilities are allowed in any zone in association with a licensed cultivation site(s). Cannabis self-processing facilities are allowed in any opt out area in association with a licensed cultivation site.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.030 - Application.

Commercial cannabis processing requires submittal and approval of a conditional or director's use permit application (or modification of an existing conditional or director's use permit pursuant to Section 17.32.060 and/or 17.32.070 to include processing). A self-processor license does not require a conditional or director's use permit. Applications must include a proposed commercial cannabis processing plan containing the following information:

A.

Description of proposed processing practices.

B.

Identification of storage location.

C.

Description of power supply.

D.

Description of location where processing will occur.

E.

Estimated number of employees, if any.

F.

Summary of employee safety practices.

G.

Description of toilet and handwashing facilities.

H.

Description of plumbing and/or septic system and whether or not the system is capable of handling increased usage.

I.

Description of source of drinking water for employees.

J.

Description of increased road use resulting from processing and actions to minimize road use.

K.

Description of waste management and disposal.

L.

Copy of information submitted to the state and evidence of compliance with applicable state requirements.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.040 - Regulations.

A.

Cannabis processing shall comply with all of the following regulations:

B.

Cannabis processing requires a conditional or director's use permit, local cannabis processing license, and state cannabis processing license.

C.

Cannabis processing facilities shall be located only in zones that specifically provide for this use.

D.

Cannabis processing facilities shall not be allowed within six hundred feet of a youth-oriented facility, religious institution, school, or residential treatment facility, provided odor mitigation is implemented.

E.

Cannabis processing facilities shall not be within five hundred feet of an authorized school bus stop.

F.

All cannabis processing facilities shall ensure that cannabis is obtained from licensed cultivation sources and shall implement best practices and comply with state law.

G.

The processor licensee also may hold other types of cultivation licenses, but is prohibited from growing cannabis plants in the processing premises.

H.

Cannabis processing may only occur in a fully enclosed structure, with appropriate odor mitigation for projects that are in proximity to higher density populations, and therefore, create a substantial risk of a public nuisance.

I.

A security plan shall be developed compliant with state requirements and must be sufficient to restrict access to only those intended and to deter trespass and theft of cannabis. A copy of the security plan submitted to the state shall be provided to the Trinity County Planning Department within thirty days of submission to the state.

J.

An approved fire safety and prevention plan must be submitted with the conditional or director's use permit application.

K.

Applicants must satisfy the requirements of the California Certified Unified Program Agencies ("CUPA") related to hazardous materials/waste use and storage, which, for Trinity County, are administered through the State Department of Toxic Substances Control.

L.

Employees shall be trained on the proper use of equipment and safety procedures, and on the proper hazard response protocols in the event of equipment failure.

M.

Licensees shall not have been convicted of serious felony or schedule I, II or III felony. This would exclude a non-serious felony conviction for sale, transportation or cultivation of cannabis unless the non-serious felony conviction was for activity that was on public lands, in which case the applicant would be excluded from this license type. Applicants are required to declare this under penalty of perjury on at least one of the application forms.

N.

Applicants are required to obtain a conditional or director's use permit before starting operations, including infrastructure and building improvements specific to the use, and the following additional requirements must be met:

Wastewater and solid waste shall be disposed of as prescribed by Trinity County Environmental Health Division and pursuant to California State regulations.

2.

The cannabis processing facility shall meet the setbacks established for the zone.

3.

All building structures must have operational automatic fire sprinklers.

O.

The cannabis processing facility is operated within the footprint of a building.

P.

If vehicle access to the facility will utilize a shared and privately owned or maintained road or driveway, all properties along the access shall be notified. Objections from adjacent impacted property owners may require appropriate conditions of approval.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.050 - Mitigation measures applicable.

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.060 - Required findings.

The conditional or director's use permit for cannabis processing shall not be granted unless the following findings are made based on substantial evidence:

A.

The cannabis processing facility will comply with all applicable regulatory requirements.

B.

The cannabis processing facility, as approved and conditioned will not result in significant unavoidable impacts on the environment.

C.

The cannabis processing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids or substances.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.070 - Required conditions.

In addition to any other conditions and mitigation that may apply:

A.

The licensee shall allow access to the facility and access to records if requested by the county, its officers, or agents, for an annual inspection and submit to inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

B.

The applicant and the property owner shall indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

C.

Any person operating a cannabis processing facility shall obtain a valid and fully executed commercial cannabis processor license from the state prior to commencing operations, and must maintain such license in order to continue operations.

D.

Processing operations must be maintained in a clean and sanitary condition including all work surfaces and equipment:

1.

Processing operations must implement protocols which prevent processing contamination and mold and mildew growth on cannabis.

2.

Employees handling cannabis in processing operations must have access to facemasks and gloves in good operable condition as applicable to their job function.

3.

Employees must wash hands sufficiently when handling cannabis or use gloves.

E.

The property owner shall be responsible for ensuring that all commercial cannabis activities at the site operates with permits and licenses required by the Trinity County Code and California State law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain required permits or licenses with the county and/or state shall be grounds for the suspension or revocation of a conditional or director's use permit pursuant to this chapter.

F.

The processing facility and activities shall be maintained in accordance with the operating plans approved by the county. Any change requests shall be evaluated on a case-by-case basis by Trinity County Planning Department, and may require amendment of the conditional or director's use permit. Upon approval, the licensee may begin conducting the additional processing facility or make the requested change to the premises. The existing license shall be amended to reflect the change in operations, if applicable, but the date of expiration shall not change.

G.

The following license fees are due annually from date of issuance:

1.

Three thousand five hundred dollars plus one thousand dollars towards the general plan update.

2.

Transfer fee to new applicant: One thousand dollars. Note conditional and director's use permits run with the land and automatically "transfer" to a new owner.

3.

Transfer fee to new site: Sixty percent of original license fee, prorated monthly. Note conditional and director's use permits are not transferable to another parcel.

4.

Renewal fee: Sixty percent of original license fee.

H.

The above fee amounts are subject to change based on subsequent fee analysis by the county.

1.

If, based on the results of the fee analysis the fee requires an increase, the county may do so by passage of a resolution applicable to all new and renewal licenses.

2.

If, based on the results of the fee analysis the fee requires a decrease, the county may do so by passage of a resolution applicable to all new and renewal licenses.

I.

Licensees must comply with requirements of the Department of Agriculture and Division of Weights and Measures.

(Ord. No. 315-853, § 3, 9-20-22)

17.43I.080 - Denial/rescission of license.

A.

The license application shall be denied or the issuance of a license rescinded if Trinity County becomes aware of any of the following:

1.

The applicant has provided materially false documents or testimony;

2.

The facility as proposed, would not comply with applicable state and local laws, including, but not limited to the building, planning, housing, fire and health codes of the county including the provisions of this chapter and with all applicable laws including zoning and county ordinances;

3.

The applicant engages in site or building improvements specific to the use before the conditional or director's use permit has been issued or before the licensee's requested changes have been approved.

B.

The applicant/licensee shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Section 8.90.130 or Section 17.34.110 of the Trinity County Code, as applicable.

(Ord. No. 315-853, § 3, 9-20-22)