Property Owners Hazy On County Pot Ordinance

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For Lake County supervisors, the interim medical marijuana ordinance is pretty blunt when it comes to the number of plants grown and what the distance needs to be between a pot grow and other properties.

At the regular Lake County Board of Supervisors (BOS) meeting at the county courthouse Tuesday, owners of two properties had timed items for code enforcement in regard to their outdoor marijuana cultivation.

The first property in Nice has more than 30 plants in a parcel that is less than half an acre in size, a violation of a county interim medical marijuana ordinance, which allows up to six plants for a parcel of that size.

"It's another situation in which the marijuana ordinance is clear," Community Development Director Rick Coel said. "It's just too many plants."

The ordinance, approved by supervisors July 9, limits outdoor cultivation amounts and bans commercial cultivation, as well as growing on vacant lands in the unincorporated areas of Lake County.

The owners did not show up, and Supervisor Rob Brown moved to uphold the nuisance and order to abate and authorize staff to coordinate with the Marijuana Eradication Task Force to remove the excess number of plants, reducing it to six. The BOS voted 4-0. Supervisor Denise Rushing was absent from the meeting.

The ordinance was not so clear for Lakeport property owners Nick and Corina Jones.

They have a parcel of exactly one acre with 12 pot plants, and the marijuana ordinance has a limit of 18.

However, for a parcel of one acre but less than five, there must be a minimum 150-foot setback, a requirement the Jones' do not meet. The setback from one property is 123 feet, and about 110 feet for another.

Nick and Corina said they were informed by county staff over the phone that the setback applied to properties of more than one acre, not exactly one acre. They also argued that they kept within the constraints of properties greater-than-half-an-acre in size but less than one, which allows 12 plants and requires a 75-foot setback.

But "it comes down to what it says on the ordinance," Supervisor Jim Comstock said, which says one acre, not more than one acre.

The owners asked for a temporary modification of the ordinance, but it was not approved.

Supervisor Anthony Farrington moved to uphold the nuisance abatement and the BOS again voted 4-0.

Among other items on the agenda, the BOS approved a request of an administrative encroachment permit for the Splash-In sea plane event in Lakeport and waived the permit fee of $665.

The BOS also had an informational science workshop to discuss the Blue Water Satellite, Inc. (BWSI) image analysis of Clear Lake and the watershed.

Scott De Leon, director of the Department of Water Resources, and Jim Steele, who is part of a technical advisory group, gave the presentation.

There was no action required by the BOS, "the point of all of this is you can make some interpretations," Steele said.

Some of the information gathered from the images show that high phosphorous loads drive cyanobacteria blossoms, also known as blue-green algae, and wind distribution is a mechanism for nutrients.

The images tracked phosphorous in the lake and Steele said the scale and scope of satellite images will allow the county to investigate further into the source of the phosphorous, as well as meet with other agencies and public groups to possibly develop more protocols to keep the phosphorous under control.

"This is a good tool for telling the big picture," Steele said.

Earlier in the meeting, Brown presented a proclamation honoring senior deputy county counsel Robert Bridges, who will retire Sept. 13, for his years of county service.

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News Hawk- Truth Seeker 420 MAGAZINE ®
Source: record-bee.com
Author: Berenice Quirino
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Website: Property owners hazy on county pot ordinance - www.record-bee.com
 
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