MEETING DATE: 1/15/2020
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson, County Counsel
AGENDA ITEM PREPARER: Joel Ellinwood
SBC DEPT FILE NUMBER:
SUBJECT:
County Counsel - B. Thompson. Hold Public Hearing regarding amendments to hemp ordinance, County Code Chapter 7.04., make recommendations to Board of Supervisors.
AGENDA SECTION:
PUBLIC HEARING
BACKGROUND/SUMMARY:
In the course of the first year of implementation of the California Industrial Hemp Farming Act, Food and Agriculture Code section 81000, et seq., shortcomings of San Benito County's Hemp Entities Ordinance No. 989, San Benito County Code Chapter 7.04, adopted September 24, 2019 became apparent. Conflicts with residential development, especially in the unincorporated county, and the San Benito Wine/Hospitality Priority Area, as identified in the 2035 San Benito County General Plan, aka the Wine Trail, and theft, vandalism and Sheriff and other law enforcement service calls, prompted the Board of Supervisors to establish an ad hoc committee of Supervisors Hernandez and Bothelo to address the issues.
The ad hoc committee met with staff from the Agricultural Commissioner, Sheriff, County Counsel, Planning and the CAO's office to develop proposals to amend Chapter 7.04, to ameliorate the unforeseen impacts of outdoor hemp cultivation, as well as drying, processing, and manufacturing facilities. Staff presented the proposed amendments at a stakeholders, including representatives of the Farm Bureau, wine and hemp industries, and impacted residents on January 7, 2020. Feedback was widely positive in support of the staff proposal, with a few additions and modifications.
The ad hoc committee members are requesting that the Planning Commission review and make recommendations to the full Board of Supervisors on the proposed amendments in general, with particular focus on possible alternatives to the 500' setback from County roads and State highways, if the cultivation area is fenced with a 6' fence and visual screening. By what distance should the setback be reduced, within a range of 200' - 400'? What types of visual screening should be permitted or encouraged? e.g. chain link with slats? solid wood? 6' wire fence with 6' high vegetative barrier?
Because Chapter 7.04 is based on the County's authority to regulate land use and zoning, amendments must follow the procedures of Government Code section 65853 - 65857, with public hearings to be held by both the Planning Commission and Board of Supervisors
BUDGETED: