I. RECOMMENDATION:
Staff is requesting direction from the City Council as to whether the City Council desires to proceed with the following:
- Zoning Ordinance Text Amendment to remove the current prohibition on odor detection from outside the premises;
- Develop standards (odor control plan) to ensure a reasonable ventilation system and odor control filtration measures have been designed and implemented to reduce the existence of odor from cannabis facilities with the understanding that odor will be detected beyond the cannabis premises.
II. BACKGROUND:
In past meetings the City Council has discussed the possibility of amending the current odor standards in the municipal code as it relates to cannabis operations.
Section 9-5.128(d)(15) states: Odor Control. Cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the premises, outside the building housing of the cannabis operations, or anywhere on adjacent property or public rights-of-way. As such, cannabis operations must install and maintain the following equipment or any other equipment which the City's Building Official and Police Chief determines has the same or better effectiveness, if a smell extends beyond a property line:
(a.) An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or
(b.) An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.
Council directed staff to discuss these measures with the Cannabis Industry and look into possible amendments and solutions that would create a clear requirement for the cannabis industry when designing their facilities and well as an understanding how and when enforcement action could be taken if an operator is not operating within the regulations of the City.
Staff researched several ordinances related to odor and different technical approaches to reducing detectable odor from cannabis facilities. Staff also looked into ways where the City can standardize odor control, if desired by the City Council, with the understanding there will still be a detectable odor from adjacent properties and those levels may vary. The cannabis industry is comfortable with installing ventilation and filtration systems to reduce the odor or cannabis from their facilities. However, in particular situations such as greenhouses, the strict application of the current ordinance prohibiting odor from being detectable from the property line is not attainable.
III. DISCUSSION:
Text Amendment
Currently the code prohibits smell from leaving and/or being detectable beyond the property line of the operation. The text of the City’s cannabis regulations would have to be amended to include language that would no longer prohibit odor from being detectable. The council would also have to declare that cannabis related activity odors are not objectionable. Section 9-4.409 of the planning and zoning code states that: “ No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site.”
Existing Regulations for other Jurisdictions
Staff reviewed several local ordinances and staff did not find any where odor can to be detectable outside the facility or beyond the property of the facility. Staff reviewed 13 different City ordinances using CannaRegs as a resource.
Technologies and Approaches to Reduce Odor
Staff did tremendous amount of research regarding technologies and approaches where odor for cannabis and other substances have been reduced or eliminated. However, there are several factors that are involved in reducing the existence of odor, from the type of building construction, design of the ventilation and filtration systems, management and maintenance of the system and staff training. The biggest factor being building construction type as to whether odors can be completely eliminated.
Some best practice approaches used to reduce or eliminate odor are double door design, odor monitoring and sensing equipment, closed and open climate systems, carbon filtration/scrubbing, control air speed, ozone generators, odor neutralizers, sealed greenhouses, and negative pressure systems designed to completely exchange or refresh the air in a room.
In addition to identifying the technologies and best practice approaches, the City would need to develop a blueprint for an odor control plan that would set guidelines the City deems acceptable to reduce the detection of odor to an acceptable non-objectionable level. In concept the plan would address odor to the extent where the City is conformable with odor mitigation understanding there may still be detection of odor from surrounding properties as long as the operator is adhering to their City approved odor control plan.
Staff has prepared a rough outline as to how the odor control plan may look which can then be refined by a consultant who would have the expertise on developing the technological aspects of the plan guidelines.
- Identify specific odor-emitting activities and their phases (timing, length, ect.)
- Administrative Controls (equipment, maintenance, record keeping, management, staff training, ect.)
- Engineering Controls (industry specific best control technologies used, evidence of technology to sufficiently mitigate odors, reviewed by a certified engineer and/or Industrial Hygienist)
- System Design
- Operational Processes
- Maintenance Plan
Staff is seeking direction from the Council how to proceed with addressing odor from cannabis facilities. The council may choose a path to reduce the restrictions on odor or choose to keep the odor regulations as they are. If Council wishes to proceed with amending the regulations to reduce the threshold for cannabis related odors, staff will return to the Council with proposals for a consultant to assist staff with developing odor control plan guidelines in addition to proceeding with a zoning text amendment to amend the language in the existing code.
IV. ALTERNATIVES:
- Council may choose to take no action and keep the existing odor control regulations in place.
- Council may choose to direct staff to proceed with a text amendment to reduce the odor standards including the development of an odor control plan to minimize but not eliminate the existence of cannabis related odor.
V. FISCAL IMPACT:
Costs associated with developing guidelines for an odor control plan are unknown at this time, however, staff is anticipating that it will require the assistance of a certified professional engineer. |