CLEARLAKE, Calif. – The Clearlake Planning Commission this week voted unanimously to recommend that the city council adopt a set of more stringent rules to govern medical marijuana cultivation in the city limits.
City Manager Greg Folsom presented the proposed amendments to the city's marijuana cultivation ordinance to the commission at its meeting Tuesday evening.
A council-appointed ad hoc committee crafted the amendments, holding several meetings beginning at the start of October.
The ad hoc committee included two council members – Russ Perdock and Bruno Sabatier – along with Realtor Dave Hughes, dispensary owner Liz Byrd, business owners Dan Griffin and Vince Metzger, and Lake County Fire Protection District Chief Willie Sapeta.
In less than an hour the commission went through the proposed changes, took public input and approved the document.
Commissioners credited the ad hoc committee for presenting a carefully considered and well written set of rules meant to be easier for city officials to enforce.
The amendments add a fee of $150 to register for city-approved grow permits that would be in effect from May 1 to April 30. Those fees are expected to generate about $75,000 annually that would be used to help offset enforcement costs. Growers who failed to register or to abate plants would face fines and growing suspensions.
In seeking the permits, applicants would have to submit a medical recommendation that city staff said would be protected from disclosure under provisions of the California Public Records Act.
Cultivators would have to give the city permission to inspect grow sites initially and up to twice more each year. They must also have the property owner's permission and a permanent water source at the property, as some grows have trucked in water, city staff noted.
The updated rules would limit all parcels – regardless of size – to a maximum six plants. The current ordinance allows for six plants on parcels of half an acre or under, 12 plants on half an acre to an acre, 18 plants on an acre to five acres, 36 plants on parcels of between five and 40 acres, and 48 plants on parcels 40 acres or larger.
Other key new provisions include prohibiting commercial grows, no grows within 600 feet of public parks or 100 feet from specific drainages and water bodies, and no cultivation within commercial or scenic corridors or beautification zones, a limitation of the cultivation area to 100 square feet with all grows secured by locks at all times.
As with current rules, the amendments prevent residents from growing within 600 feet of a public or private school or child care center, on properties where multifamily dwellings are located or on vacant parcels.
During the meeting the commission made minor changes to the document, including leaving issuance of the permits up to the city rather than making it the responsibility of the police chief specifically.
Commissioner Bill Perkins asked how the city would pay for implementation. “Strictly through the ordinance?”
Folsom explained that the city received a Community Development Block Grant that allowed for the hiring of several new code enforcement officers. That money will be supplemented by the permitting fees.
During public comment, ad hoc committee member Dave Hughes said his problem isn't with medical marijuana but where it's grown. He said the ordinance the city council implemented has allowed growing to be out of control.
While he favors no growing at all, he felt the six-plant minimum would help get the city's situation back under control. “I think we struck a good balance.”
Another ad hoc committee member, Vince Metzger, suggested that special permitting for commercial grows be added to the amendments, a suggestion the commission ultimately rejected.
In response to Metzger's suggestion, Hughes returned to the podium and asked the commission not to add commercial grows to the rules. “We can revisit things and refine this ordinance as we go along,” and that can include adding commercial grows if the city wants to go there, he said.
Joan Mingori, a former city planning commissioner, also was against commercial grows, noting that the smell of the plants is overwhelming in the city during the grow season, a situation that would be made worse by larger for-profit grows. That also would make it hard to attract tourists.
“Please, please do not consider commercial grows in the city of Clearlake,” Mingori said.
Commissioner Dirk Slooten said he thought the ad hoc committee did a good job of representing the different interests in the marijuana cultivation issue.
Chair Carl Webb noted that many proposals regarding cultivation have come before the council and commission.
“To me this seems like the most logical and best prepared ordinance that we've had presented to us,” he said
Webb added that he thought the prohibition against commercial grows was key to developing Clearlake into the pristine city it has the potential to be.
Slooten moved to recommend the council consider the amendments to its city marijuana cultivation ordinance at its next meeting, with Commissioner Cheryl Hutchinson seconding and the commission voting 5-0.
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Clearlake Planning Commission recommends new marijuana cultivation rules to city council
- Elizabeth Larson
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