Planning Commission Agenda and Packet 2018 12 13

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Planning Commission Staff Report December 13, 2018 (building). The following table provides as summary of how jurisdictions address odor regulation, with specific code language included in endnotes of this report. Odor Regulations by City City How does the city regulate odor? Fort Collins Property -related odor violations. More explicit than other codes in restricting "vapors, gas, odors, smoke, dust, heat, or glare".' Breckenridge Application requires plan for ventilation system. Property related odor violations." Denver Regulates marijuana odor through the Air Pollution Control section of its code. The Department of Environmental Health investigates odor complaints, using a device that measures the intensity of an odor, or when five or more residents call in a complaint in a 12-hour period. "' Aurora Application requires plan for ventilation system. Property -related odor violations."' Boulder Application requires plan for ventilation system. v Property -related odor violations."' Applicants have to consult an industrial hygienist."" Section of code specifically for marijuana odor emissions. viii Lafayette Application requires plan for ventilation system. Property -related odor violations.ix Exact code language for each regulation given in endnotes. Staff contacted the Fire District to see if they have any concerns about cultivation operations. The District stated that as long as such operations meet all of the current building and fire codes they would not have any specific concerns. It would require some additional work from Fire staff as annual inspections are required, but that can be done by current staff. The District noted this specific business can cause different kinds of hazards, but as long as they are aware of the hazard and the location, the Fire District is comfortable with this use. If the City does desire to allow cultivation, staff recommends that the City consider adopting an excise tax on cultivation. The City could request approval from the voters of an excise tax up to 5% on the first sale or transfer from a retail marijuana cultivation facility. Other cities and counties have used excise tax to help offset the cost of enforcement and monitoring of marijuana business and for drug education and prevention programs addressing under aged consumption of marijuana. The excise tax could also be placed in the City's general fund without restriction. Some communities, including Boulder and Lafayette, have a size limitation on cultivation facilities. Boulder limits the size to 15,000 sq. ft. and Lafayette limits the size to 20,000 sq. ft. Under the proposed ordinance there is no limitation on size of facilities. If the Planning Commission recommends allowing cultivation in the I zone, the Commission may want to consider also recommend limiting the area allowed for each facility or overall for the City. A limited area could help address any possible negative impacts from cultivation an help to ensure the City can maintain reasonable oversite of cultivation facilities. Staff also contacted several other local jurisdictions that allow cultivation. The findings comments from these communities is summarized in the following table: Marijuana Code Amendments Page 8 of 12 PC — December 13, 2018 27