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File #: 20-0100    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 1/23/2020 In control: County Counsel
On agenda: 2/4/2020 Final action:
Title: Discussion and Possible Action Including Adoption of Urgency Ordinance Extending a Temporary Moratorium on the Cultivation of Industrial Hemp Within the Unincorporated Areas of Mendocino County Pending the Study and Consideration of Land Use and Other Regulations Pertaining to Such Cultivation (Sponsors: Agriculture and County Counsel)
Attachments: 1. Ordinance 4458, 2. Ordinance Summary, 3. Staff Report, 4. Affidavit of Publication, 5. 02-03-2020 Nelson Correspondence

 

To:  Board of Supervisors

FromAgriculture and County Counsel

Meeting DateFebruary 4, 2020

 

Department Contact:  

Jim Donnelly

Phone: 

234-6830

Department Contact:  

Matthew Kiedrowski

Phone: 

234-6885

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 30 min.

 

 

Agenda Title:

title

Discussion and Possible Action Including Adoption of Urgency Ordinance Extending a Temporary Moratorium on the Cultivation of Industrial Hemp Within the Unincorporated Areas of Mendocino County Pending the Study and Consideration of Land Use and Other Regulations Pertaining to Such Cultivation

(Sponsors: Agriculture and County Counsel)

End

 

Recommended Action/Motion:

recommendation

Adopt Urgency Ordinance extending a temporary moratorium on the cultivation of industrial hemp within the unincorporated areas of Mendocino County pending the study and consideration of land use and other regulations pertaining to such cultivation; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On February 26, 2019, the Board of Supervisors adopted an urgency ordinance establishing a temporary moratorium on industrial hemp cultivation.  On April 9, 2019, the Board of Supervisors adopted an extension of the moratorium.                     

 

Summary of Request

The purpose of this urgency ordinance is to extend the temporary moratorium adopted by the Board on February 26, 2019, and extended on April 9, 2019, on the cultivation of industrial hemp for commercial purposes or by “Established Agricultural Research Institutions,” as defined by California Food and Agricultural Code Section 81000(c), while County staff determines the impact of such unregulated cultivation and reasonable regulations to mitigate such impacts.

 

Attached to this agenda packet is a staff report discussing the work being proposed to develop and process permanent regulations pertaining to industrial hemp cultivation.

 

The current urgency ordinance is set to expire on February 24, 2020, unless the Board acts to extend the interim ordinance.  Staff is proposing an extension of 12 months, or until February 4, 2021, or up to the point the County approves permanent regulations pertaining to industrial hemp cultivation.  This extension will require a 4/5 or better vote of the Board for it to be approved.  The legislative findings required by Government Code section 65858 are included in the ordinance.  This would be the final extension of the moratorium.

 

 

Alternative Action/Motion:

Provide alternative direction                     

 

Supervisorial District:  All

                                          

vote requirement:  4/5ths

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Darcie Antle, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: February 5, 2020

Executed Item: Ordinance   Number: 4458