Planning Commission Agenda and Packet 2018 12 13

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Planning Commission Staff Report December 13, 2018 single odor description, and the department verifies the source of the odor." Chapter 4 Air Pollution Control, Article II, Section 4-10. Code language: "If, prior to opening to the public, the applicant's building will contain an air filtration system that filters out the odor of marijuana so that the odor cannot be detected by a person at the exterior property line of the lot or parcel on which the retail marijuana store is located, the applicant shall be awarded three points." City can revoke license if an odor can be perceived "at the exterior of the building at the licensed premises, or is perceptible at any adjoining use of the property." Note: Aurora awards licenses based on a point system, with the 4 highest scorers per ward getting the license. Chapter 6 Alcoholic Beverages and Retail Marijuana, Article II, Section 6-309. "Code language: "A plan for ventilation of the marijuana business that describes the ventilation systems that will be used to prevent any odor of marijuana off the premises of the business. For cultivation facilities, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises. For marijuana -infused product manufacturers and marijuana testing facilities, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process. Chapter 16 Recreational Marijuana, Section 6- 16-5 (a-12). "' Code language: "Ventilation Required. A recreational marijuana business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the recreational marijuana business or at any adjoining use or property." Chapter 16 Recreational Marijuana, Section 6-16-8 (h). "" Code language: "The city shall require the business to obtain verification from a qualified industrial hygienist that the manner in which the business producing or testing marijuana complies with all applicable laws and does not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the businesses." Chapter 16 Recreational Marijuana, Section 6-16-8 (s-2). v"' Title 5, Chapter 10 Marijuana Offenses, Section 5-10-6 Marijuana Odor Emissions. See https://library.municode.com/co/boulder/codes/municipal code?nodeld=TITSGEOF CH10MAOF. ' Code language: "A plan for ventilation of the retail marijuana establishment that fully describes the ventilation systems that will ensure the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the retail marijuana establishment or at any adjoining property. For retail marijuana establishments that cultivate marijuana, such plan shall also include all ventilation systems used to control the environment for the marijuana plants and describe how such systems operate in conjunction with the systems preventing any odor leaving the premises. For retail marijuana establishments that produce marijuana products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process." Chapter 56 Marijuana, Article III, Section 56-265 (b-5). Also stated in Ch. 56, Article III, Section 56-265 (m). Marijuana Code Amendments Page 12 of 12 PC — December 13, 2018 31