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.

"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:

1.

"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;

2.

"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)

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 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.

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 2019-001-DWQ, 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:

1.

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.

1.

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)

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)

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 one-half 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)