- Elizabeth Larson
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Clearlake City Council approves policy allowing for support of cannabis projects in county exclusion area
CLEARLAKE, Calif. – The Clearlake City Council has given approval to a proposed policy that will create a process for supporting cannabis grows within the county exclusion area just outside the city’s border.
The 3-1 vote on the new policy took place during the council’s Thursday night meeting.
Mayor Russ Cremer, who owns property near lands that are eligible to grow cannabis within the county exclusion area, recused himself from the matter due to a perceived conflict of interest and left the chambers during the discussion.
The report for the discussion is on page 40 of the agenda packet below, and it starts at the 57:06 mark in the video above.
City Manager Alan Flora said the item was first discussed by the council at its Oct. 10 meeting.
Based on Flora’s written report, which he reviewed with the council on Thursday, in early 2018 the county of Lake adopted amendments to the Lake County Code related to cannabis cultivation, including a new ordinance that created cannabis exclusion areas that limit the cultivation of cannabis within a variety of areas, including within 1,000 feet of a city boundary or city sphere of influence.
Flora said the city’s sphere of influence – an area outside of its city limit that is likely to be part of its future boundary – is coterminous with the city boundary.
In March, the county made further cannabis-related amendments to the Lake County Code, including allowing cannabis to be cultivated within the exclusion areas within a city’s sphere of influence if the project applicant can receive a letter of support from the city, Flora’s report explained.
Flora said there are several applicants or potential applicants who are interested in cultivating cannabis within the exclusion area around the city of Clearlake, primarily in the Ogulin Canyon area. One application for such a project has been submitted to the county along with a request to the city that a letter of support be provided to allow cultivation within the exclusion area.
At the council’s Oct. 10 meeting, council members directed staff to develop a policy regarding projects within the cannabis exclusion area. At that point, Flora’s written report said the council “was split on whether to provide letters of support for any project, however the majority directed a policy framework be crafted and brought back for final consideration.”
The proposed policy gives the city manager authority to issue a letter of support for projects within the county’s cannabis exclusion area under the following conditions:
– The property is contiguous with a property within the city that is designated for commercial cannabis activity. Properties must have at least 20 percent of their lot line contiguous with a parcel within the city’s cannabis zone in order to be considered eligible.
– The city requests the county condition the approval of any appropriate project permit to address the projects impacts on city infrastructure and resources. It would allow for mitigation fees for road use or impacts on the Clearlake Police Department.
During public comment, land use consultant Richard Knoll, who was representing Lake Vista Farms LLC on Ogulin Canyon Road, thanked the council and staff for considering the company’s letter of support for a reduced setback for its cannabis growing project and for support for the proposed policy.
“This is a burden that the county has put on the city of Clearlake,” said Knoll, adding that they appreciated the work that had gone into the city policy.
Knoll said the county ordinance requires projects to have a comprehensive property management plan, with an extensive security plan, fencing, cameras, security system, lighting and gates.
“There's a lot that does go into the project,” he said.
Cannabis business owner Chris Jennings said he fully supported the policy, adding that ideas about “reefer madness” should stop.
He said cannabis businesses have benefits to the community, and he challenged the notion that such businesses result in a lot of police response.
Realtor Dave Hughes said he’s been a proponent of not allowing cannabis growing in the city. Hughes said he understands the city’s desire to get more income, but he said the tax dollars that have been promised aren’t materializing as anticipated.
Hughes said the county did the city a favor by saying it wouldn’t allow growing within 1,000 feet of the city limit unless the city said it's OK.
The city should know the entire plan before supporting any project, Hughes said, adding that the city has nothing to gain from them.
Councilwoman Joyce Overton said she had concerns, in particular, regarding the locations of some of the eligible properties being close to areas slated for development of high-end homes, such as the long-discussed Provinsalia project at the end of Dam Road. She said the city can’t afford to lose those spaces for home development.
Councilman Phil Harris wanted to make sure the city receives a continued benefit in development agreements with such projects.
Councilman Russ Perdock said he believed everyone was coming at the issue with good intent. He said if the city didn’t ask for protections, an irresponsible grower could bring harm to the city, and added he felt better about the final proposal than the initial one.
Perdock also noted that, ultimately, such projects would be up to the county to approve, and he’s glad for the city to have a say.
Vice Mayor Dirk Slooten, who presided over the meeting in Cremer’s absence, asked for a motion.
Harris moved to adopt the resolution, but initially no second was offered. Slooten, asking if he could offer the second, was told yes and he then seconded. The roll call vote was 3-1, with Overton voting no.
Limited number of properties eligible
Flora told Lake County News that there are a total of 21 properties – totaling approximately 1,550 acres – that would be eligible to grow in the county exclusion area.
However, Flora said the policy only really impacts about 1,000 acres near the city boundary.
“Many properties are large and would be eligible for growing on other areas of the property,” he said in an email. “A quick analysis shows that over half of the acreage (over 800 acres) is outside of the 1,000 Exclusion Area and therefore is eligible for growing cannabis regardless of any action from the City. Additionally I would expect some of the properties would not meet other requirements of the County cannabis ordinance and would not be eligible for a cultivation permit.”
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010920 Clearlake City Council agenda packet by LakeCoNews on Scribd