"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)

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).

4.

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)

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)

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)

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.

2.

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)

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)

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)

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)