Title
Body
MEMORANDUM
TO: Board of Supervisors
FROM: Michalyn DelValle, Community Development Director
DATE: June 11, 2019
SUBJECT: (Continued from May 21, 2019 and April 9, 2019) Discussion and Consideration of County Regulation of Industrial Hemp
EXHIBITS: A: APPROVED AND UNDER PROCESS CANNABIS CULTIVATION SITES
EXECUTIVE SUMMARY:
The State of California Office of Administrative Law (OAL) recently approved Section 4900 in Title 3 of the California Code of Regulations pertaining to industrial hemp registration. The regulation enables, California Department of Food and Agriculture to open registration with county agricultural commissioners for industrial hemp cultivation.
The State has determined that Industrial Hemp is an agricultural commodity and therefore is currently permitted as a primary use within the following zoning districts:
Agricultural Preserve
Agriculture
Timberland Preserve
Rural Lands
Rural Residential
Open Space
Based on research, when Male Hemp plants are grown it poses a risk to Cannabis Cultivation where cross pollination can occur. Several other Counties have recommended that Hemp be grown at least 10 miles from Commercial Cannabis Cultivation. Research indicates that it can be difficult to distinguish between Hemp and Cannabis and therefore staff recommends that the Hemp sites be fenced for security purposes and be setback from uses that may attract children or that provide a service for children. Based on these factors, staff recommends that the Lake County Zoning Ordinance be amended to require a Zoning Permit for Industrial Hemp in the zoning districts listed above and subject to the following conditions of approval:
1. Industrial Hemp cultivation site shall:
a. Be setback a minimum of 10 miles from an approved Commercial Cannabis Site;
b. Be completely fenced with a minimum of 6 foot high solid fence;
c. Be setback a minimum of 1,000 feet from the following areas or uses:
i. Any public or private school, grades K through 12
ii. A developed park containing playground equipment
iii. A licensed child care facility or nursery school, church or youth orientated facility catering to or providing services primarily intended for minors.
RECOMMEDATION:
Staff recommends that the Board of Supervisors provide direction to staff.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
Recommended Action
RECOMMENDED ACTION:
Provide direction to staff concerning the Lake County regulation of industrial hemp.