Clearlake >> The city council has hashed out a revised version of Clearlake’s medical marijuana ordinance, one it will likely adopt at tonight’s meeting.
The second reading of the proposed amendment is the only item scheduled on the council’s agenda, suggesting the group anticipates a longer, more crowded meeting than usual.
If passed, Clearlake residents will again be able to grow between six to 48 marijuana plants, but penalties for those who are not in compliance are steeper in order to address what city council and staff believe to be “a current and immediate threat to public health, safety or welfare” as well as the environment posed by large-scale marijuana grows, according to the ordinance. Other revisions include eliminating a grandfather clause for grows within 600 feet of a child care center and a reduced time to abate.
Under the proposed revised ordinance, outdoor cultivation of six plants or less is permitted on a parcel smaller than half an acre, and the edge of the cultivation area must be at least 10 feet from the property line. The amount of plants allowed increases based on parcel size and lets medical marijuana patients to grow up to 48 plants on a property of at least 40 acres.
Residents living in a mobile home park may only grow if there is a designated garden set aside by park management or on a lot larger than 4,500-square feet, and cultivation of plants is prohibited at a multi-family dwelling.
The plants also cannot exceed more than 6 feet in height and must be “screened, with solid wood fencing, from public view,” the ordinance states.
Growing more than the allotted amount, or any other violation, will result in a public nuisance for which city may take action. Property owners will first be served with an abatement notice, giving them 10 instead of the current 15 days to comply. Failing to obey will result in an administrative citation for which violators must pay $1,000 as well as $100 per plant per day until they are removed from the property.
The changes come after the city banned all marijuana grows earlier this year, which brought upon a threatened lawsuit and a signature-gathering campaign, both calling it too restrictive, that eventually led the city council to rescind the ordinance on May 14 — less than two months after it took effect.
The city’s failed attempt at banning grows prompted it to return to its previous ordinance first adopted in September 2013 and now being revised.
During the 2014 growing season when the ordinance first took affect, some residents still had issues with the “skunk-like odor” the plant produces and continued to voice concern over the alleged criminal activities it attracts. Clearlake Police Chief Craig Clausen also estimated officers spent two to five hours per day responding to marijuana -related issues through compliance checks or calls for service.
The city council responded with the no-grow ordinance, making it one of only three California cities with an all-out ban. Medical marijuana advocates argued it restricted their access to medication to the point where it was prohibitive. Officials maintained that they could still purchase medication for their ailments at dispensaries, but for some the option was cost restrictive.
While the ban didn’t last, the council continues to try and work out an ordinance suitable for the city. If proposed changes pass, they will go into effect 30 days after on July 11.
The Clearlake City Council will meet at 6 p.m. at the city hall council chambers, located at 14050 Olympic Drive.
