CLEARLAKE — The Clearlake Planning Commission (CPC), in its May 6 meeting, requested clarification on a couple of issues in the city”s proposed ordinance for governing medical marijuana cultivation.
The CPC wanted to know what constituted “a school” and what the ordinance meant when it referred to “a resident.”
City staff came up with some answers, and on Thursday the Clearlake City Council came up with some problems.
Finally, after nearly two hours of discussion, the council supported Mayor Jeri Spittler”s motion that a “daycare” facility shouldn”t be a “school,” especially when it”s in a residential area, because anyone growing medical marijuana within 600 of the center would be in violation of the ordinance.
Spittler pushed hard for the idea that a person in need of medical marijuana shouldn”t be prohibited from growing it when someone a couple houses down goes into the daycare business.
Not so fast, other council members pointed out. What about the rights of the neighbor to make a living?
The question of who”s a “resident” and what”s a “residence” was easier to answer, the council agreeing that a resident ? one with a doctor”s recommendation to grow pot ? has to live in the residence to be able to grow.
The council also agreed that a “complaint-driven” enforcement policy was fine, except when enforcers discover a violation that presents an obvious health or safety problem, in which case an official and verifiable complaint wouldn”t be necessary.
Then council members basically agreed they were all tired of talking about it and voted 5-0 to take another look at the ordinance with a second reading at its June 13 meeting.
The council generally supported the proposed ordinance that would go in effect on Jan. 1, 2014. The code, which mirrors the county”s ordinance, was prepared in consultation with city counsel and other legal support, and with a priority of avoiding the type of litigation that other county and municipal governments have typically faced.
The ordinance limits the numbers of marijuana plants to be grown on any parcel smaller than a half-acre to six plants, on lots between one-half and one acre to 12 plants, between one and five acres to 18 plants, and between five and 40 acres to 36 plants.
In other business, the council agreed to continue pursuing a resolution that would make Pomo Road a safer route for children to walk to school, though it stopped short of committing to a plan to make the street one-way. More studies are needed and so are estimates on what a campaign to properly notify the neighborhood would cost.
Rich Mellott is a staff reporter for Lake County Publishing. Contact him at 263-5636, ext. 14 or rmellott@record-bee.com.
