The commission will convene at 9 a.m. Thursday, June 23, in the Board of Supervisors' chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The public hearing on the proposed ordinance is timed to begin at 10:15 a.m.
The proposed ordinance would regulate and allow limited medical marijuana cultivation by individual qualifying patients and primary caregivers, according to county documents.
It also would require a minor use permit process for collective or cooperative cultivation sites in
Lake County.
The 18-page document includes the work of both Community Development Department staff and Sheriff Frank Rivero, who began working on it in early May, according to an interview last month with Lake County News.
Rivero said he understood from Community Development Director Rick Coel that, with an ordinance to regulate medical marijuana dispensaries working its way through the hearing process, regulations for cultivation was the next step, so he decided to be proactive and get “ahead of the game.”
The sheriff said he believed a cultivation ordinance was needed, as his agency receives a lot of complaints about large, unregulated grows.
In responding to those complaints, “There's really no guidance, per se,” said Rivero, adding that he believes it's prudent to set some standards.
In order to draw up the draft, Rivero said he looked at other counties like Mendocino and the regulations they have in place.
The draft requires that those who are cultivating be verifiable qualified patients or caregivers; if they rent, they must have the written permission of the landlord to carry out growing activities; outdoor cultivation must be completely screened from public view and kept behind a locked gate at all times when the patient or caregiver is not in the immediate area; and grows are not be placed within 15 feet of any property line, as measured from the plant canopies.
When conducting indoor grows, the kitchen, bathrooms and master bedroom shall not be used for cultivation, and the cultivation area can occupy no more than 100 square feet of the residence, must have ventilated odor control and not use lighting exceeding 1,200 watts.
Minor use permits are required for collective or cooperative cultivation sites exceeding six mature plants or 12 immature plants, and no more than 99 plants.
Those larger grows are to be located outside of community growth boundaries, are not allowed on parcels less than five acres and cannot be within 1,000 feet of any school, or 500 feet away from a park with playground equipment, drug or alcohol rehabilitation facility, daycare, church or youth-oriented facility.
Other requirements are that they not be within 300 feet of any off-site residence, 100 feet from a property line or 50 feet from the top of a bank of any stream or lake; that they list chemicals and fertilizer they will use and in what amounts; and have onsite security systems.
The sheriff's office will conduct annual compliance monitoring at the permit holder's expense, the document states. Permit holders growing for cooperatives must maintain membership records on site.
The minor use permits granted for the larger grows shall be valid for initial terms of two years, and may be renewed for two-year periods afterward.
Other items on the commission's agenda include the following.
– 9:05 a.m.: Consideration of denials without prejudice only for the following projects:
James Carpenter – Parcel Map 08-08, proposing to subdivide a 36.52 acre parcel into two parcels on property located at 3275 Hill Road, Lakeport, and further described as APN 005-015-41.
Dennis Hinrichs – Lot Line Adjustment 08-13, proposes to adjust the lot lines between two parcels located at 10656 and 10568 Bachelor Valley Road, Witter Springs, and further described as APNs 023-005-05 & 08.
Timothy and Ted Mulder – Rezone 04-14, to rezone the parcel from “U” Unclassified to “C3” Heavy Commercial, on property located at 650 Sulphur Bank Drive, Clearlake Oaks, and further described as APN 006-490-34.
Katrina Johnson for Church of Divine Man – Certificate of Compliance 05-23, verify legal lot of record on property located at 10755 Gifford Springs Road, Cobb, and further described as APN 012-037-12.
David and Cheryl Lucido – Minor Use Permit 09-12, proposing a winery and tasting room with incidental retail sales on property located at 8664 Seigler Springs Road North, Kelseyville, and further described as APN 011-056-18.
Darrell Rickabaugh – Lot Line Adjustment 00-04, to adjust the property lines between two lots, one in a Williamson Act Contract and the other not in a contract, on parcels located at 3370 and 3430 Finely Road, Lakeport, and further described as APNs 008-025-31 & 32.
– 9:15 a.m.: Public hearing on consideration of a negative declaration based on Initial Study (IS 11-07) for General Plan Amendment Proposal (GPAP 11-01) and Minor Modification (MMU 10-06) to Use Permit (UP 88-42) and Minor Use Permit (MUP 09-23). The project applicant is Westgate Petroleum proposing a general plan amendment of 0.8 acres from Service Commercial to Community Commercial and 4.2 acres from Agriculture to Service Commercial; a rezone from “C3” Service Commercial to “CH” Highway Commercial and “A” Agriculture to “C3” Service Commercial; and a Minor Modification to existing permits (Res. 69-83, UP 88-42 and MUP 09-23) to allow a convenience store and construction of a 30,000 gallon propane tank. The project is located at 3740 Highland Springs Road, Lakeport and further described as APN 008-022-31.
E-mail Elizabeth Larson at
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June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance
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