Permit Preparation, Next Steps Workshop. Nevada County Community Development Agency Nevada County Cannabis Alliance

Transcription

1 Permit Preparation, Next Steps Workshop Nevada County Community Development Agency Nevada County Cannabis Alliance

2 Staff/Department Contacts Sean Powers Director of CDA Brian Foss Director of Planning Craig Griesbach Director of Building Chris de Nijs Agricultural Commissioner Jeff Merriman Code & Cannabis Compliance Program Manager or Amy Irani Director of Environmental Health Matt Furtado Fire Planner

3 Agenda What s Been Going On? Code/Cannabis Compliance Draft Cannabis Permit Types Draft Ord. High Level Require. Common Code Violations Tips for Resolution Planning Building Zoning/Setbacks ADP/Easement Processes Fire Vegetation Management Fire Safe Access Standards Environmental Health Septic/Well Permitting Restroom Requirements Building As-Built Projects Greenhouses Grading Disabled Access (ADA) Agriculture Pesticide Use Weights/Measures Questions

4 What s Been Going On? Monitoring EIR Progress/Working Closely with Consultant Multiple Meetings/Discussions with Stakeholders: Sheriffs Office Fire Districts Cannabis Alliance County Counsel CalCannabis NID All CDA Departments Making Final Edits to Draft Cannabis Ordinance Creating/Implementing Temporary Cannabis Local Authorization Process Approximately 125 Local Authorizations Granted

5 What s Been Going On? Establishing Process: Creating all required forms, handouts, applications, etc. Altering permitting software Fee schedules Identifying staffing needs Establishing who will or needs to be involved Identifying pre-application timeline Establishing Enforcement Plan Adapting to Evolving State Regulation

6 What s Been Going On?

7 What s Been Going On? Draft Environmental Impact Report released for public review and comment on January 11, 2019 Mandated 45 day public review period ends February 25, 2019 Public comment hearing before Planning Commission scheduled for February 7, 2019 All comments received require written responses Final EIR requires 10 day review period prior to hearing Includes CEQA Findings and Statements of Overriding Considerations

8 Cannabis Compliance Division Permit Types: Administrative Development Permit (ADP) Cultivation canopies greater than 2,500 square feet Commercial Cannabis Permit (CCP) Cultivation canopies equal to or less than 2,500 square feet Annual Cannabis Permit (ACP) Annual permit issued in addition to an ADP or CCP

9 Cannabis Compliance Division ADP s: Lead: Planning Department Administrative Review Process Review Timeframe of Days Approximate Deposit: $1,700-$2,500 Routed to all CDA Departments/Division, Fire Districts & Any Other Relevant Stakeholders

10 Cannabis Compliance Division CCP s: Lead: Cannabis Compliance Division Administrative Review Process Review Timeframe of 14 days Approximate Deposit: $1,100-$1,500 Routed to all CDA Departments/Divisions & Fire Districts

11 Cannabis Compliance Division ACP s: Lead: Cannabis Compliance Division Administrative Review/Inspection Process Review Timeframe of 14 days Approximate Fee: $500-$800 Can be Submitted Concurrently with ADP or CCP Renewed Annually Site Inspections Completed

12 Cannabis Compliance Division Pre-Application Process: Same forms, process, and procedures once permanent ordinance is adopted Reviews based on current draft ordinance Early start to the review process Applicants can start responding to any comments and continue working towards compliance Continue or start obtaining permits for buildings, improvements, etc Currently building the process

13 Cannabis Compliance Division Draft Ordinance Standards: Commercial Medical Cannabis Cultivation oag, AE, or FR Acres: Indoor 500sqft canopy Acres: Indoor/Mixed-Light/Outdoor 2,500sqft canopy Acres: Indoor/Mixed-Light/Outdoor 5,000sqft canopy 20 Acres: Indoor/Mixed-Light/Outdoor 10,000sqft canopy

14 Cannabis Compliance Division Draft Ordinance Standards: 100ft Setback to Property Lines from Canopy 1,000ft Setback from Sensitive Sites Shall Not be Visible from Public Right-of Ways or Publically Travelled Private Roads Setback Easements: o o Max. 40% of required setback Easement on adjacent parcel Easement

15 Cannabis Compliance Division Draft Ordinance Standards: Adjacent Parcel with Legal Residence o Cultivation max based on largest parcel (not combined) o Direct access from parcel to parcel o Parcels under common ownership

16 Cannabis Compliance Division Support Area(s): Drying, curing, grading, trimming, rolling, storing, packaging, and labeling of nonmanufactured cannabis products. This to include immature plant area Max 25% of canopy area

17 Cannabis Compliance Division Draft Ordinance Standards: Transition Period Does not apply to cannabis related improvements Not health/safety related When approved by the enforcing officer 2 years from date of cannabis permit application

18 Cannabis Compliance Division Draft Ordinance Standards: Dwelling Transition Period Obtained residence building permit and started construction Obtained final approval for septic/well installations Obtained permit & final inspections for temp. RV during construction. Shall be connected to well/septic. RV occupied full time during construction

19 Cannabis Compliance Division Permitting Tips Take care of any land-use issues first Prioritize any cannabis related, fire safety and residence improvements Hire experienced professionals Communicate with County early and often

20 Code Compliance Division Common Code Violations Unpermitted Electrical Solid Waste Accumulation Unpermitted Construction

21 Code Compliance Division Tips for Resolution Be responsive Keep the Code Compliance Officer informed Don t shoot the messenger!

22 Planning Department Zoning What uses are allowed and what can be built on a property Agriculture, Residential, Commercial Setbacks from property lines Setbacks from resources

23 Planning Department Administrative Development Permits (ADP s): What is it? Process Overview Typical Processing Timing Pitfalls Tips/Recommendations

24 Planning Department Easement Process: What is an easement? Easement application process Typical Processing Timing How does this relate to Cannabis? Who do you need to work with? Tips

25 Fire Department/District Vegetation Management: Clearance to structures Driveway clearances Fuel reduction/zones Tips

26 Fire Department/District Roadway Standards: Roadways require permits Grading Need to meet width and slope standards Fire Department turnarounds/turnouts Access to all improved areas

27 Fire Department/District Fire Code Standards: Addresses Driveway/Roadway Standards Dead End Road Mitigations

28 Environmental Health Department Septic System Permitting and Inspection Process for permitting Assessment of site via design consultant for On Site Soils Evaluation (OSSE) to determine the best location for leach field and tank installation Design Plan submittal to Environmental Health for review and approval for septic system Types: Standard System (gravity flow only) Non-Standard System (sand filter, Geoflow, Drip, Advantex, Hoot, Elgen, etc.) require maintenance and monitoring Holding Tank Greywater with departmental authorization Inspections required to approve leach field and septic tank with pumps, etc. prior to final issuance of permit.

29 Environmental Health Department Septic System Permitting and Inspection

30 Environmental Health Department Wells - Individual Water Process for permitting Submittal of plans to Environmental Health Department via contracted Well Drilling Company. Company submits permit application with plans to show the location of the proposed well. Environmental Health approves the plan giving the Well Drilling Company the approval to move forward with the installation Well Company must call EH Department when the well will be drilled as EH inspectors must observe the seal. Seal observation and inspection to ensure the correct depth is reached for public health and safety ( minimum 25 feet) and seal is completed.

31 Environmental Health Department Well Inspection and Installation

32 Environmental Health Department Restroom Requirements All commercial facilities require restrooms - CA Plumbing Code Location requirements: o In each structure required per CA Plumbing Code o When approved can be up to 500ft from improved areas Seasonal worker requirements case-by-case basis

33 Building Department As-Built: Construction of a structure, building or grading without permits or the benefit of inspections

34 As-Built Projects HELP!!!! I built a large greenhouse and garage on my property 2 years ago without a permit. My property is currently out of compliance.. WHAT DO I DO?

35 As-Built Projects It is recommended to hire a professional Obtain a checklist of items that need to be submitted for project review

36 As-Built Projects General Submittal Items: As-Built Construction Plans Well/Septic Plans (if applicable) Structural Calculations (if applicable) Truss Calculations (if applicable) Energy Calculations Building Permit Application

37 As-Built Plans:

38 As-Built Projects Project is allowed to use codes that were in effect at time of construction

39 As-Built Projects How do I prove the date of construction?

40 As-Built Projects I submitted plans for review. Now what? Reviewed by departments: Minor project; 2 week review Major project; 4 week review Track your project status online

41 As-Built Projects Are there special fees for As-Built projects? No; fees are applied as they would for normal construction projects Road Mitigation fees are allowed to be charged per the fees in effect at the date of construction

42 As-Built Projects What is the As-Built inspection process? Conducted to limit destructive testing Number of inspections depends on project See As-Built Inspection & Plan Review Basic Checklist

43 As-Built Projects Common Obstacles Foundation construction verification Grading Non-conventional construction Location on property Other construction without permits COMMUNICATION

44 Permit Exemptions Greenhouses Detached non-habitable storage buildings without utilities; less than 200 sq ft and 1 per parcel

45 Agricultural Exemptions Greenhouses Non-habitable ag structures Property zoning of AG, AE, RA, FR and TPZ Not a place of employment and/or used by the public Of Simple Construction (conventional framing) Requires site plan review, approval and issuance of a letter of exemption from Building Official

46 Greenhouses Agricultural Exemptions Continued Greenhouses Max. 400 sq ft 1 structure per parcel or 10 acres Wood or PVC construction w/ rigid plastic or fiberglass cover Dirt or gravel floor

47 Greenhouses Agricultural Exemptions Continued High Tunnel Cold Frame Structures Easily moveable Straight sides 4-6ft high allowing for roll-up sides Covered with shade cloth, ag poly or similar material No utilities

48 Greenhouses Agricultural Exemptions Continued Low Tunnel Cold Frame Structures Easily moveable Hoop shape Constructed with galvanized tubing or PVC 3-16ft wide Radius of half the width Covered w/ ag cloth poly or shade screening No utilities 8ft 16ft

49 Non-Exempt Structures: Greenhouses Standard Building Permit Process

50 Greenhouse Challenges Non-conventional designs Snow, wind & seismic loading As-built conditions Utility installations

51 Grading Permit Exemptions Grading Grading limited to 250 cubic yards if: Not in a flood plain Does not include any culverts, v-ditch or other drainage aspects Is in a isolated/self-contained area No danger to private or public property Does not impose an erosion or sediment discharge Erosion control measures are in place Not intended to support a building or driveway Generally low slope areas on large parcels

52 Grading Grading Permit Exemptions Con t Grading limited to 50 cubic yards if: Not in a flood plain Does not include any culverts, v-ditch or other drainage aspects Minor cut/fill on low slope sites Erosion control measures are in place Not intended to support a building or driveway Generally very minor grading

53 Grading Grading Permit Exemptions Con t Vegetation clearing for fire protection authorized in writing by the local fire district Maintenance of existing permitted roads

54 Grading Tips Hire a professional Grading Discuss with CDA prior to starting design Avoid steep slopes if possible Investigate if existing grading was permitted Erosion control plans/placement Follow approved plans Compaction testing Avoid rainy season (October 15 th April 15 th )

55 Disabled Accessibility Any Commercial Structures/Site Improvements o Restroom(s) o Parking Space(s) o Paths of travel o Structures (doors, landings, utilities, etc) o Signage

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57 Disabled Accessibility Tips o Hire Experienced Professionals o Group Improvements o Pay Attention to Slopes o Take a Look at your Operation o Get Quality Construction Plans

58 Agricultural Commissioner Pesticide Use: County Agricultural Commissioner enforces state pesticide laws. Commercial Cultivators who purchase and/or use pesticides must have an Op ID. issued by the County Agricultural Commissioner. Pesticides used in a commercial cultivation are required by state law to be reported. (some exemptions) Pest Management Plans- Commissioner staff can help you determine if a specific pesticide product is allowed on cannabis. Commissioner staff will conduct site visits to ensure compliance with state pesticide laws.

59 Agricultural Commissioner Site Visit: ~What staff will be looking for~ Pesticide storage, posting and service container labeling. Safe Equipment. Full pesticide label available at site. Application Specific Information. Come to our Pesticide Workshop February 21 st! Do you have employees; field workers? Training Records, Emergency Medical Care Plan, Personal Protective Equipment, Respiratory Protection Plan. Staff may also conduct pesticide application inspections.

60 Agricultural Commissioner Weights & Measures: 3CCR Requires Weighing Devices for track-and-trace and for commercial transactions. Requires Class I or Class II type scale. Scale must be NTEP/CTEP approved. - Legal for Trade entry in to Register with County Ag Commissioner and pay annual device fee. Staff will conduct annual on-site testing of device(s) for accuracy. Weighmaster? Consult with DMS. See for more information.

61 Agricultural Commissioner Common Mistakes: Using a pesticide that is not allowed on Cannabis. Proper personal protective equipment is not worn. Read and understand the label. Label is the law! Pest Management Plans- Include full trade name, manufacturer, and EPA# (if one). Buying a device that is not NTEP/CTEP approved. Weighing device out of tolerance. (Red Tag)

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