The General
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California - In its final meeting of the year, the Lake County Board of Supervisors voted to accept a new medical marijuana cultivation ordinance that will tighten growing rules in communities and also impose limits on indoor grows. In a unanimous vote, the board approved the ordinance, which they acknowledged wasn't perfect. However, they wanted to have a body of law in place to address concerns including nuisance complaints in neighborhoods, increased crime and environmental damage.
"We have struggled with this for years," Board Chair Jeff Smith said of the marijuana issue, with Supervisor Denise Rushing adding that the matter is "impossible" to deal with.The new ordinance, which goes into effect in 30 days and applies only to the unincorporated areas of the county, bans outdoor cultivation in community growth boundaries, maps of which can be found at LAKE COUNTY GENERAL PLAN (2008)
It also places limits on indoor cultivation, which under the interim ordinance isn't regulated. Such grows now must be 100 square feet or less, with lighting limited to 1,200 watts. Outdoor cultivation cannot take place within 1,000 feet of any school, playground, drug or alcohol rehabilitation facility, child care facility or nursery school, church or youth-oriented facility, or within 100 feet of any spring, top of the bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool.
Plant numbers on parcels larger than one acre outside of community growth boundaries are limited to six mature or 12 immature plants, and quicker abatements — in some cases within five days, or less in an emergency — are possible, with the Lake County Sheriff's Office responsible for enforcement. Community Development Director Rick Coel said the more stringent measures were in response to an increase in community complaints and damage to property.
The board held a special evening meeting at the Lake County Fairgrounds on Dec. 10, receiving three hours of public input before closing the public hearing. As such, at Tuesday's meeting the board did not entertain more public comment, instead focusing on deliberations and getting additional information from staff. In a rare action, the board approved the ordinance after one reading, rather than two, which usually is required for ordinances.
However, County Counsel Anita Grant said that because the document is a zoning ordinance, it could be approved in just one reading following a noticed public hearing. The supervisors expect that the new ordinance will be challenged by a referendum, which opponents of the measure already have indicated they are preparing. "Whatever we create is going to be challenged," said Supervisor Anthony Farrington, adding, "I think this is the soul of the county that we're fighting for here."
In 2011, a previous medical marijuana cultivation ordinance and an ordinance governing dispensaries were challenged by referendums. The board later withdrew both ordinances. As a result, today no dispensaries continue to operate in the unincorporated county because, according to county officials, if the use is not specifically included in the zoning ordinance, it's not legal. However, along with approving the new cultivation ordinance, the board directed staff to bring back a dispensaries ordinance — a suggestion also made in November by the Lake County Planning Commission when it recommended the cultivation ordinance to the board. Supervisor Rob Brown proposed using the dispensaries ordinance that the board had accepted but later withdrew due to the referendum as a starting point. Coel told the board he believed he could integrate a dispensaries ordinance with the new cultivation ordinance.
Staff urges strengthening rules
During the meeting, Coel urged the board to accept the tightened guidelines. "We have a very relaxed cultivation ordinance," he said, noting many other governments are making their own rules more stringent. "The more they tighten up and the less we do, the more influx of people you are going to have," Coel said, adding those newcomers don't care about the environmental damage they are causing.
"It's like gold mining, it's resource extraction," and creating massive enforcement challenges for Community Development and the sheriff's office, Coel said. Brown suggested the available land in Lake County is enough to supply the legitimate medical need for the drug.
Rushing called the environmental devastation that's resulted from marijuana growing "tragic" and something the county will be dealing with for generations. She said this damage would be an event in Clear Lake's environmental history that they would look back on and ask, "How did we let that continue?" Coel said there is such a disconnect between the state and federal governments on the marijuana issue that it isn't an option for the county to offer a variance or permitting process for legitimate growers.
Grant added that a number of jurisdictions have been threatened by the federal government for attempting to establish permitting processes. The federals agencies, she said, "won't work for the inevitable outcome of simply legalizing it," adding that Mendocino County has run into problems with the federal government regarding marijuana. Smith said that if people who voted for Proposition 215 knew what it would end up being, they would never have voted for it.
Supervisor Jim Comstock said growing as it currently is taking place in the county is taking away the rights of those who don't grow marijuana to enjoy their property. He also observed that some people who had called the interim ordinance "draconian" when it was adopted last year have since urged the board to keep it in place rather than adopting the new regulations. Referring to the gathering at the fairgrounds last week, Brown said the marijuana advocates there represented people who have come to Lake County only to grow marijuana.
"I wish they wouldn't have come. I wish they would leave," he said. "I'm not here for them." Responding to advocates' arguments about the money marijuana can bring to the county, Brown raised the issue of all of the money needed to mitigate the environmental problems. Marijuana, Brown pointed out, has been grown in Lake County forever, but people didn't start complaining about it until it was being grown in town.
"It brings with it a culture that we don't want in Lake County," he said. In response to criticism marijuana advocates offered at previous meetings regarding the winegrape industry, Brown said that industry is heavily regulated. Winegrapes also have contributed a lot to Lake County, he added. He reminded his colleagues that he hadn't supported the interim ordinance because it allows marijuana grows in residential areas. Brown said the board's options included accepting the proposed rules or just giving up, adding he wasn't going to concede. "I'm not going to sell Lake County out."
He asked his colleagues to all support the ordinance. "For me, Lake County is not for sale." Rushing said she believed the ordinance could be a whole lot better than it is. However, she said she was horrified by the growing activities taking place in neighborhoods and the watershed, and so she didn't want to see no regulation at all. To get her vote, Rushing said she wanted to see an ordinance to allow dispensaries to be reopened, which Brown said he was open to considering as he had been previously. Brown moved to accept the ordinance, which the board accepted 5-0.
News Moderator - The General @ 420 MAGAZINE ®
Source: Lakeconews.com
Author: Elizabeth Larson
Contact: Contact Us
Website: Supervisors approve marijuana cultivation ordinance, direct staff to work on new dispensary rules
"We have struggled with this for years," Board Chair Jeff Smith said of the marijuana issue, with Supervisor Denise Rushing adding that the matter is "impossible" to deal with.The new ordinance, which goes into effect in 30 days and applies only to the unincorporated areas of the county, bans outdoor cultivation in community growth boundaries, maps of which can be found at LAKE COUNTY GENERAL PLAN (2008)
It also places limits on indoor cultivation, which under the interim ordinance isn't regulated. Such grows now must be 100 square feet or less, with lighting limited to 1,200 watts. Outdoor cultivation cannot take place within 1,000 feet of any school, playground, drug or alcohol rehabilitation facility, child care facility or nursery school, church or youth-oriented facility, or within 100 feet of any spring, top of the bank of any creek or seasonal stream, edge of lake, delineated wetland or vernal pool.
Plant numbers on parcels larger than one acre outside of community growth boundaries are limited to six mature or 12 immature plants, and quicker abatements — in some cases within five days, or less in an emergency — are possible, with the Lake County Sheriff's Office responsible for enforcement. Community Development Director Rick Coel said the more stringent measures were in response to an increase in community complaints and damage to property.
The board held a special evening meeting at the Lake County Fairgrounds on Dec. 10, receiving three hours of public input before closing the public hearing. As such, at Tuesday's meeting the board did not entertain more public comment, instead focusing on deliberations and getting additional information from staff. In a rare action, the board approved the ordinance after one reading, rather than two, which usually is required for ordinances.
However, County Counsel Anita Grant said that because the document is a zoning ordinance, it could be approved in just one reading following a noticed public hearing. The supervisors expect that the new ordinance will be challenged by a referendum, which opponents of the measure already have indicated they are preparing. "Whatever we create is going to be challenged," said Supervisor Anthony Farrington, adding, "I think this is the soul of the county that we're fighting for here."
In 2011, a previous medical marijuana cultivation ordinance and an ordinance governing dispensaries were challenged by referendums. The board later withdrew both ordinances. As a result, today no dispensaries continue to operate in the unincorporated county because, according to county officials, if the use is not specifically included in the zoning ordinance, it's not legal. However, along with approving the new cultivation ordinance, the board directed staff to bring back a dispensaries ordinance — a suggestion also made in November by the Lake County Planning Commission when it recommended the cultivation ordinance to the board. Supervisor Rob Brown proposed using the dispensaries ordinance that the board had accepted but later withdrew due to the referendum as a starting point. Coel told the board he believed he could integrate a dispensaries ordinance with the new cultivation ordinance.
Staff urges strengthening rules
During the meeting, Coel urged the board to accept the tightened guidelines. "We have a very relaxed cultivation ordinance," he said, noting many other governments are making their own rules more stringent. "The more they tighten up and the less we do, the more influx of people you are going to have," Coel said, adding those newcomers don't care about the environmental damage they are causing.
"It's like gold mining, it's resource extraction," and creating massive enforcement challenges for Community Development and the sheriff's office, Coel said. Brown suggested the available land in Lake County is enough to supply the legitimate medical need for the drug.
Rushing called the environmental devastation that's resulted from marijuana growing "tragic" and something the county will be dealing with for generations. She said this damage would be an event in Clear Lake's environmental history that they would look back on and ask, "How did we let that continue?" Coel said there is such a disconnect between the state and federal governments on the marijuana issue that it isn't an option for the county to offer a variance or permitting process for legitimate growers.
Grant added that a number of jurisdictions have been threatened by the federal government for attempting to establish permitting processes. The federals agencies, she said, "won't work for the inevitable outcome of simply legalizing it," adding that Mendocino County has run into problems with the federal government regarding marijuana. Smith said that if people who voted for Proposition 215 knew what it would end up being, they would never have voted for it.
Supervisor Jim Comstock said growing as it currently is taking place in the county is taking away the rights of those who don't grow marijuana to enjoy their property. He also observed that some people who had called the interim ordinance "draconian" when it was adopted last year have since urged the board to keep it in place rather than adopting the new regulations. Referring to the gathering at the fairgrounds last week, Brown said the marijuana advocates there represented people who have come to Lake County only to grow marijuana.
"I wish they wouldn't have come. I wish they would leave," he said. "I'm not here for them." Responding to advocates' arguments about the money marijuana can bring to the county, Brown raised the issue of all of the money needed to mitigate the environmental problems. Marijuana, Brown pointed out, has been grown in Lake County forever, but people didn't start complaining about it until it was being grown in town.
"It brings with it a culture that we don't want in Lake County," he said. In response to criticism marijuana advocates offered at previous meetings regarding the winegrape industry, Brown said that industry is heavily regulated. Winegrapes also have contributed a lot to Lake County, he added. He reminded his colleagues that he hadn't supported the interim ordinance because it allows marijuana grows in residential areas. Brown said the board's options included accepting the proposed rules or just giving up, adding he wasn't going to concede. "I'm not going to sell Lake County out."
He asked his colleagues to all support the ordinance. "For me, Lake County is not for sale." Rushing said she believed the ordinance could be a whole lot better than it is. However, she said she was horrified by the growing activities taking place in neighborhoods and the watershed, and so she didn't want to see no regulation at all. To get her vote, Rushing said she wanted to see an ordinance to allow dispensaries to be reopened, which Brown said he was open to considering as he had been previously. Brown moved to accept the ordinance, which the board accepted 5-0.
News Moderator - The General @ 420 MAGAZINE ®
Source: Lakeconews.com
Author: Elizabeth Larson
Contact: Contact Us
Website: Supervisors approve marijuana cultivation ordinance, direct staff to work on new dispensary rules
