From staff reports
CLEARLAKE ? City of Clearlake staff members are working with a consultant to prepare an urgency ordinance that would address an issue that has been hotly contested of late ? the city minimum lot size requirement for septic tanks.
City Administrator Kathy Kivley said the ordinance will “provide an alternative to the off-site community sewer requirement, while still protecting the public health and safety.”
Kivley will report on the ordinance during the Clearlake City Council meeting, taking place Thursday evening beginning at 6:15 p.m. at Clearlake City Hall.
Section 18-2.804 of the Clearlake Municipal Code provides minimum lot sizes within the R-1 (Single Family Residential) zoning district as follows:
? 5,000 square feet with off-site community sewer and water;
? 15,000 square feet with either on-site sewer or water; and
? 40,000 square feet with on-site sewer and water.
Notwithstanding this section of the Clearlake Municipal Code, the city previously allowed some development of R-1 lots of less than 15,000 square feet with on-site septic systems.
Unless the ordinance is amended, lots in the R-1 zoning district that are less than 15,000 square feet cannot be developed without off-site community sewer and water.
City staff is working on the ordinance with consultant John Shaw, P.E. A copy of the ordinance will be circulated to the council upon completion.
In other matters on Thursday, public hearings addressing building permit fee revisions and extending a temporary moratorium on medical marijuana establishments will take place.
Senate Bill 420, which took effect Jan. 1, 2004, authorizes cities and counties to enact rules and regulations with regard to medical marijuana consistent with Proposition 215, the Compassionate Use Act of 1996. The United States Supreme Court has recognized a conflict between this law and the federal Controlled Substances Act; however, the California Attorney General”s Office has taken the position that the Compassionate Use Act is still valid.
City staff requires additional time in order to interpret the law with regard to medical marijuana dispensaries.
The proposed action before the council is to extend an interim ordinance that was adopted April 13 by an additional 10 months and 15 days so that city staff can complete its research and formulate appropriate recommendations.
Extension of the ordinance will require a four-fifths majority vote.
