MEETING DATE: 6/25/2019
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Continue Public Hearing from the June 11, 2019 meeting. Adopt two new proposed ordinances.
The First ordinance would amend Chapter 19.43 of the San Benito County Code relating to the land use regulations applicable to the manufacture and laboratory testing of Commercial Cannabis and/or Cannabis products. The second ordinance would amend Section 25.07.005 of Title 25 of the San Benito County Code to permit as a conditional use in agricultural districts the manufacture and laboratory testing of commercial cannabis and/or cannabis products as well as hemp or hemp products. ENVIRONMENTAL EVALUATION: Exempt from CEQA, including, but not limited to, State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.
SBC FILE NUMBER: 160
ORDINANCE NO: 984
ORDINANCE NO: 985
AGENDA SECTION:
PUBLIC HEARING - Top
BACKGROUND/SUMMARY:
These proposed ordinances were were presented to the Planning Commission for review in May 2019. The Planning Commission did not make any recommended changes to the proposed ordinances.
First Ordinance -Ordinance amending Sections 19.43.040 and 19.43.050 to allow manufacturing and testing in Agricultural Districts
Second Ordinance - Ordinance amending Section 25.07.005 to modify uses allowed by conditional use permit.
FURTHER BACKGROUND
The first proposed ordinances amends Section 19.43.040 and 19.43.050 to allow manufacturing and testing in Agricultural Districts, subject to obtaining a conditional use permit.
The Second ordinance, is related, and amends the list of conditional uses listed in Section 25.07.005 related to conditional uses in agricultural districts, to add manufacturing of commercial cannabis, cannabis products, hemp and/or hemp products, and laboratory testing of commercial cannabis, cannabis products, hemp and/or hemp products, as well as modification of language regarding “green waste” or “green material.”
These proposed changes have been raised due to desire to allow hemp processing/extraction activities to occur in agricultural zoned districts as this would eliminate unnecessary transportation between the cultivation site, and the site where processing would occur. Additionally, laboratory testing of an agricultural crop (such as for residual pesticides) is a proper activity in the agricultural districts of the County.
All additional uses in the Agricultural Districts would require a conditional use permit, subject to this Commission's review and approval.
Since the County Counsel's office has determined it is not feasible to prepare a fair and adequate summary of the proposed ordinance, it is recommended that the Board order a 1/4 display ad be published regarding the proposed ordinance.
BUDGETED:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
Hold Public Hearing on Both Ordinances
Make a Motion (Same Motion will cover both ordinances)
1. Find that adoption of the ordinances is exempt from CEQA pursuant to State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.
2. Adopt Ordinance amending Sections 19.43.040 and 19.43.050 to allow manufacturing and testing in Agricultural Districts
3. Adopt Ordinance amending Section 25.07.005 to modify uses allowed by conditional use permit.
4. Retroactively order a display advertisement of at least one-quarter of a page in a newspaper of general circulation to be published
ADDITIONAL PERSONNEL: