CLEARLAKE, Calif. – In its last regular meeting of the year the Clearlake Planning Commission is set to consider possible amendments to the city's medical marijuana cultivation ordinance.
The commission will meet at 6 p.m. Tuesday, Dec. 15, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
City Manager Greg Folsom is taking to the commission a recommendation that the Clearlake City Council take up the amendments to the city's medical marijuana cultivation ordinance at its next regularly scheduled meeting.
The current ordinance was approved by the city council on June 11 after a referendum challenged an outright medical marijuana cultivation ban the council passed in February.
“The City Council was generally unhappy with the current ordinance and wanted to enact a more enforceable ordinance and they appointed an ad hoc committee to meet and discuss the current ordinance and come up with a recommendation for changes,” Folsom said in his report to the commission.
The ad hoc committee consists of Councilman Russ Perdock, Councilman Bruno Sabatier, Lake County Fire Protection District Chief Willie Sapeta, Liz Byrd, Dan Griffin, Dave Hughes and Vincent Metzger.
The committee met for the first time on Oct. 7, two days before Gov. Jerry Brown signed a comprehensive package of bills to establish a regulatory structure around the medical marijuana industry, Folsom said.
Folsom said that the package of bills – the Medical Marijuana Regulation and Safety Act – gives the city the authority to regulate or ban medical marijuana cultivation, as well as to require a permit or license and to charge a fee.
The ad hoc committee isn't suggesting a ban, but is recommending a much stricter ordinance that can be easily enforced, according to Folsom.
After meeting several times, the ad hoc committee agreed on a series of recommendations that include prohibiting cultivation on vacant lots and within 600 feet of a public or private school or child care center, as well as allowing no cultivation within any property that has multifamily dwellings – all prohibitions on the current ordinance.
New rules would prohibit commercial grows, grows within mobile home parks and in residential units unless allowed by dispensary ordinance. There also could not be cultivation within any commercial, scenic corridor or beautification zone.
No grows would be allowed within 600 feet of a public park or 100 feet from specified drainage areas such as Clear Lake, Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek or Cache Creek, and no diversion from any waterway.
Processing marijuana in any way that alters the chemical structure wouldn't be allowed, and the cultivation area would be limited to 100 square feet, with no more than six plants allowed on properties of any size.
Growers would have to register with the city and have city-approved permits for cultivation, with all grow sites to be enclosed within fenced areas measuring no larger than 10 feet by 10 feet, or a fully enclosed accessory structure of the same size. Grow sites would need to be locked at all times.
Anyone cultivating marijuana also would have to give permission to enter and inspect grow sites up to twice annually in addition to an initial inspection, have the property owner's approval and a copy of a current recommendation issued for the property's legal tenant, as well as proof of residence and a permanent water source to the home.
There would be a $150-per-year registration fee, a $300 fine and the potential for abatement for failing to register, along with additional fines. Failures to abate could result in one-year or permanent growing suspensions. Permits to grow would be issued by the police chief.
Folsom estimated that the permitting costs could generate up to $75,000 annually to help partially offset the ordinance's enforcement.
Email Elizabeth Larson at
121515 - City of Clearlake Draft Medical Marijuana Cultivation Ordinance Amendment
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