(A) General. Each hemp entity cultivating hemp under this chapter and shall operate only within those zone districts where such cultivation is allowed pursuant to Title 25 of this code and shall comply with all applicable zoning and related development standards, including, general and supplemental development standards, and any operational standards applicable to hemp entities.
(B) Odor and pollen drift mitigation. Each hemp entity cultivating hemp shall design the land area used for cultivation in a manner that minimizes odors and pollen drift to surrounding uses.
(C) Minimum premises size. The minimum size premises upon which a commercial hemp entity may cultivate hemp is 20 acres. Two adjoining parcels that together total 20 or more acres in size may be utilized to meet this requirement.
(D) Setbacks. Except as provided in a variance granted in accordance with division (D)(5) of this section, hemp entities cultivating hemp must meet all of the following setback requirements:
(1) No less than 100 feet from any boundary line of the premises. This setback requirement shall not apply:
(a) In an industrial zone; or
(b) Between contiguous parcels also engaging in hemp cultivation; or
(c) With a written agreement of neighboring property owners for a reduced setback which must be recorded, is valid for one crop, and must be renewed on an annual basis
(2) No closer than 1,000 feet from any parcel containing a sensitive use that is in existence at the time the hemp entity is registered. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels containing the sensitive use to the closest area of cultivation, or location of other hemp activity, on the property seeking registration under this chapter.
(3) No closer than 1,000 feet from any residentially developed parcel in the county that is ten acres or less, including any legal non-conforming residential uses as of the date of first adoption of this chapter. The distance between the hemp entity and the residential parcel shall be measured from the outer boundaries of the residential parcel to the closest area of cultivation on the property seeking registration under this chapter. This setback requirement shall not apply:
(a) In an industrial zone; or
(b) Between contiguous parcels also engaging in hemp cultivation; or
(c) With a written agreement of neighboring property owners for a reduced setback which must be recorded, is valid for one crop, and must be renewed on an annual basis
(4) No closer than 1,000 feet from any off-parcel permitted residence in any zone that is in existence at the time of first adoption of this chapter, if the hemp entity is located on a parcel that is 30 acres or less. The distance between the hemp entity and the off-parcel residence shall be measured from the outer boundaries of the residential parcel to the edge of the growing area. This setback requirement shall not apply:
(a) In an industrial zone; or
(b) Between contiguous parcels also engaging in hemp cultivation; or
(c) With a written agreement of neighboring property owners for a reduced setback which must be recorded, is valid for one crop, and must be renewed on an annual basis.
(5) Variance. A person wishing to register a hemp entity may submit a written application for variance to the Resources Management Agency for consideration. Variance requests shall be referred to the Planning Commission to determine whether or not to grant a variance in accordance with Chapter 25.41 of this code, subject to all application forms and fees being received by the Resources Management Agency. In accordance with Chapter 25.41, the Planning Commission may decide whether the variance should be granted or denied, as well as, to whether to impose certain reasonable conditions upon any variance granted. If granted, the variance shall remain valid for the time period and pursuant to the conditions specified by the Planning Commission.
(E) Laboratory testing and destruction. Hemp entities shall comply with all applicable provisions of the California Food and Agricultural Code and federal law pertaining to hemp, including, but not limited to, cultivation, laboratory testing, and destruction.
(F) Signage. Each hemp cultivation site shall post signage of a size and with content and at intervals specified by the Agricultural Commissioner around the entire exterior perimeter of the cultivation site to clearly identify that the crop is industrial hemp and not cannabis.
(G) Transportation. No vehicle transporting harvested hemp plants or products shall be driven or moved on any roadway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.
(H) Post-harvest field treatment. Within no more than 30 days after harvest, stalks or other remaining hemp plant material shall be shredded by a power-driven shredder or other device that effectively reduces hemp plant material to particle size, permitting rapid decomposition and incorporation into the soil of the parcel where it has been cultivated. In the event that rain or other inclement weather event makes post-harvest field treatment impracticable in the opinion of the Agricultural Commissioner, the field treatment shall occur as soon thereafter as is feasible, within a time frame specified by the Agricultural Commissioner.
(Ord. 989, § 1, 2019; Ord. 1,003, §§ 8 through 11, 2020)