Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  May  19, 2020
CATEGORY:  Regular - Resource Management-4.

SUBJECT:

Zone Amendment 20-0003 to regulate the cultivation and processing of industrial hemp and the manufacturing of industrial hemp products.

DEPARTMENT: Resource Management
Planning Division

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Paul A. Hellman, Director of Resource Management (530) 225-5789

STAFF REPORT APPROVED BY:  Paul A. Hellman, Director of Resource Management

Vote Required?

Simple Majority Vote
General Fund Impact?

No Additional General Fund Impact 

RECOMMENDATION

Take the following actions: (1) Find that Zone Amendment 20-0003 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) and consistent with the County General Plan as stated in the proposed ordinance; (2) introduce, waive the reading of, and enact an ordinance amending the Shasta County Zoning Plan, Title 17 of the Shasta County Code, identified as Zone Amendment 20-0003, to regulate the cultivation and processing of industrial hemp and the manufacturing of industrial hemp products, consistent with the May 5, 2020 direction from the Board of Supervisors; and (3) direct staff to agendize the issue of industrial hemp for additional discussion at a future Board of Supervisors’ meeting to be determined by the Board.

DISCUSSION

On May 5, 2020, two alternative ordinances were presented for the Board’s consideration, the ordinance considered by the Planning Commission permitting industrial hemp cultivation, processing, and manufacturing and the ordinance recommended by the Planning Commission prohibiting all industrial hemp activities. Following the public hearing and Board discussion, the Board directed staff to revise the ordinance permitting industrial hemp activities as follows: (1) To prohibit the outdoor cultivation and processing of industrial hemp; and (2) to allow the indoor cultivation and processing of industrial hemp nursery stock and micro-greens, but not the indoor cultivation and processing of mature plants.

 

The Board also expressed a desire to again discuss the cultivation and processing of mature plants after the current COVID-19 restrictions regarding public attendance of Board meetings are no longer in effect.

 

The attached revised draft ordinance was prepared in accordance with the Board’s direction. Indoor cultivation and processing of industrial hemp is limited to nursery stock and micro-greens, both of which are by definition immature plants that do not have the potential to emit noxious odors. All such cultivation and processing activities require the approval of a use permit and all cultivation activities require the provision of a financial assurance to protect the County from potential costs incurred for inspection, abatement, and destruction of non-compliant crops. All outdoor cultivation and processing of industrial hemp is prohibited. The provisions regarding the manufacturing of industrial hemp products are unchanged.

 

Environmental Determination – Adoption of the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) due to the fact that there is no possibility the adoption of the ordinance as proposed may have a significant effect on the environment. There are no unusual circumstances under CEQA Guidelines Section 15300.2(c).

 

General Plan Consistency – The enactment of an ordinance amending the Shasta County Zoning Plan requires a finding of consistency with the Shasta County General Plan. General Plan Objective ED-2 promotes an increase in the variety, type and scale of business, industrial, and manufacturing activities; permitting industrial hemp cultivation, processing, and manufacturing activities would be supported by this objective. General Plan Objective CO-4 and Policy AQ-1c call for guiding development in a pattern that will minimize conflicts between adjacent land uses and minimize exposure of the public to noxious odors. The ordinance limits the cultivation and processing of industrial hemp plants to nursery stock and micro-greens, which do not have the potential to emit noxious odors. If the ordinance is enacted, the Board would need to find that it is consistent with the General Plan.

ALTERNATIVES

The following alternatives are available: (1) Approve Zone Amendment 20-0003 by enacting the revised draft ordinance with further modifications; (2) deny Zone Amendment 20-0003, which would permit the cultivation and processing of industrial hemp with the same restrictions as agricultural crops and the manufacturing of industrial hemp products with the same restrictions as other products for which specific zoning regulations have not been established; or (3) continue review of the proposal for additional information.

OTHER AGENCY INVOLVEMENT

The revised draft ordinance has been approved by County Counsel as to form.  This recommendation has been reviewed by the County Administrative Office.

FISCAL IMPACT

No fiscal impact would result from the enactment of the revised draft ordinance. If the revised draft ordinance is enacted, mechanisms would be established to enable the County to recover all processing, monitoring, enforcement, and abatement costs incurred as a result of permitted industrial hemp activities.

ATTACHMENTS:
DescriptionUpload DateDescription
Revised Draft Ordinance5/7/2020Revised Draft Ordinance