BOARD OF SUPERVISORS
COUNTY OF LAKE
SUMMARY OF ORDINANCE NO. 2977

NOTICE IS HEREBY GIVEN that the Board of Supervisors, County of Lake, State of California, adopted Ordinance No. 2977, AN URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE PROHIBITING COMMERCIAL MEDICAL MARIJUANA CULTIVATION AND CULTIVATION ON VACANT PROPERTIES, AND LIMITING OUTDOOR CULTIVATION AMOUNTS IN THE COUNTY OF LAKE, AND DECLARING THE URGENCY THEREOF.

This interim urgency ordinance prohibits outdoor cultivation of medical marijuana on vacant lots or parcels with no approved residential use in all unincorporated areas of the County of Lake. Outdoor cultivation of medical marijuana is also prohibited within 600 feet of a public or private school as measured from the property line of the cultivation site to the property line of the school. Cultivation of medical marijuana in excess of the following amounts is prohibited during the term of this ordinance:

1. Outdoor cultivation of more than 6 marijuana plants (accessory to an approved residential use), on any parcel smaller than 1/2 acre (21,780 square feet).

2. Outdoor cultivation of more than 12 marijuana plants, accessory to an approved residential use, on parcels greater than ½ acre (21,780 square feet) but less than 1-acre. The edge of the cultivation area shall be located no closer than 75 feet from any off-site residence.

3. Outdoor cultivation of more than 18 marijuana plants accessory to an approved residential use, on parcels a minimum of 1-acre but less than 5-acres. The edge of the cultivation area shall be located no closer than 150 feet from any off-site residence.

4. Outdoor cultivation of more than 36 marijuana plants accessory to an approved residential use, on parcels a minimum of 5-acres but less than 40-acres. The edge of the cultivation area shall be located no closer than 150 feet from any off-site residence.

5. Outdoor cultivation of more than 48 marijuana plants accessory to an approved residential use, on parcels a minimum of 40-acres or larger. The edge of the cultivation area shall be located no closer than 150 feet from any off-site residence.

All outdoor cultivation areas shall be screened from public view with solid wood or bamboo fencing or green fabric mesh.

As to any existing medical marijuana cultivation sites located within the unincorporated area of the County of Lake which are operating contrary to or in excess of the above limits, they are hereby declared to be a public nuisance, and a violation of the provisions of this interim ordinance is declared punishable as a misdemeanor by a fine of not more than one hundred dollars ($100) for the first offense; three hundred dollars ($300) for the second offense; and five hundred dollars ($500) or by imprisonment in the County Jail for a period of not more than six (6) months for the third offense, or by both such fine and imprisonment.

This interim urgency ordinance is effective immediately, and shall be in effect for 45 days from the date of adoption unless otherwise repealed or extended.

A certified copy of the full text of the proposed ordinance is posted for public review on the First Floor of the Lake County Courthouse, 255 North Forbes Street, Lakeport, California.  For further information, contact the Office of the Clerk of the Board, at 707-263-2371.

This ordinance was adopted by the Board of Supervisors on Monday, July 9, 2012, by the following vote:

AYES: Supervisors Comstock, Smith, Rushing and Farrington

NOES: Supervisor Brown

ABSENT OR NOT VOTING: None

This ordinance took effect on July 9, 2012.
 

MATT PERRY
Clerk of the Board

By: Mireya G. Turner
Assistant Clerk to the Board