Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Peter Hernandez

District No. 3

 

Jim Gillio

District No. 4
Vice-Chair

Jaime De La Cruz

District No. 5
Chair


Item Number: 27.



MEETING DATE:  9/10/2019

DEPARTMENT:
COUNTY COUNSEL

DEPT HEAD/DIRECTOR: Barbara Thompson, County Counsel

AGENDA ITEM PREPARER: Barbara Thompson

SBC DEPT FILE NUMBER: 160

SUBJECT:

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Continued Public Hearing from the June 11, 2019 meeting regarding new proposed hemp ordinance, County Code Chapter 7.04.  Read title, waive further reading and continue to September 24, 2019 for adoption of an ordinance to add Chapter 7.04 to Title 7 of the San Benito County Code related to Hemp regulation, including but not limited to definitions, prohibitions, the establishment of the Hemp Entity Management Program, registration requirements and regulations, fees, zoning for cultivation, required setbacks, odor and pollen drift mitigation, minimum parcel size, other requirements and administration and enforcement provisions.  ENVIRONMENTAL EVALUATION: Exempt from CEQA, including, but not limited to, State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.  APPLICANT/PROPONENT: San Benito County.  PROPERTY: Unincorporated San Benito County.

SBC FILE NUMBER: 160



AGENDA SECTION:

PUBLIC HEARING - Top

BACKGROUND/SUMMARY:

The draft hemp ordinance was presented to the Planning Commission in May 2019 for its review and comment, and then represented to the Planning Commission for its review and approval of suggested modifications. The attached ordinance reflects the Planning Commission final recommendation. 

 

Further background:

The Agricultural Improvement Act of 2018, effective January 1, 2019, removed hemp from Schedule 1 of the Federal Controlled Substances Act.  Thus, hemp is no longer federally regulated as a controlled substance. 

 

Hemp registrations for general hemp cultivation will being shortly after the finalization of state regulations. 

 

According to industry proponents, it is estimated that California will become the largest hemp cultivation and production market in the United States.  As many as 25,000 products can be made for hemp, from use in the automobile industry (as reinforcement fiber), to use in foods,  to use in body care products and to treat physical ailments, to use as a biofuel. 

The Board has considered the issue of hemp and appointed a subcommittee to work on a draft hemp ordinance in light of changes in state and federal law, which has prompted great interest in both hemp cultivation, hemp manufacturing/extraction, and laboratory testing.  A proposed ordinance was presented to the Planning Commission for its review and recommendation.

 

The Board considered this ordinance at its meeting of June 11th and continued to June 25th for adoption, and then further continued it to today's date.

 

The attached redline shows changes that were recently made to the ordinance, which was then reviewed and recommended for adoption by the Planning Commision.



BUDGETED:



SBC BUDGET LINE ITEM NUMBER:



CURRENT FY COST:



STAFF RECOMMENDATION:

Hold public hearing; 

 

1. Read Title of the Ordinance for the Record (staff)

2. Make a motion to accept introduction, waive further reading, and continue to September 24, 2019, at 9:00 a.m. for adoption.

 

 



ADDITIONAL PERSONNEL:


BOARD ACTION RESULTS:

Continued to September 24, 2019 Board of Supervisor meeting for adoption. (5/0 vote)
ATTACHMENTS:
DescriptionUpload DateType
final ordinance9/6/2019Cover Memo
redlined ordinance from previous ordinance9/6/2019Cover Memo
Planning Commission Resolution 6/6/2019Cover Memo
Public Hearing Notice8/23/2019Backup Material