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News (Media Awareness Project) - US CA: Planning Commission to Consider Draft Ordinance Regulating Medical Mariju
Title:US CA: Planning Commission to Consider Draft Ordinance Regulating Medical Mariju
Published On:2009-12-01
Source:Lake County Record-Bee (Lakeport, CA)
Fetched On:2009-12-02 12:17:15
PLANNING COMMISSION TO CONSIDER DRAFT ORDINANCE REGULATING MEDICAL
MARIJUANA DISPENSARIES

CLEARLAKE - The Clearlake Planning Commission will meet at 6 p.m.
today at Clearlake City Hall, 14050 Olympic Drive in Clearlake. The
agenda includes three public hearing items including consideration of
a draft ordinance regulating medical marijuana dispensaries.

Tuesday's agenda will begin with a public hearing for considering the
abandonment of a portion of right-of-way located at 15885 Dam Road
Extension. Applicant is Superior Acquisitions.

The second public hearing scheduled concerns considering the approval
of a mitigated declaration of environmental impact and a use permit
application for a proposed mobile home park, location being 5755 Old
Highway 53. Applicant is James Carroll.

A public hearing to consider a draft ordinance to regulate medical
marijuana dispensaries follows. The proposed ordinance does not
incorporate any of the comments made in public discussion by
proponents of medical marijuana during past meetings and workshops.
Although there was a strong opposition against limiting dispensaries
to C-4 zoning, which is reserved for "heavy service commercial light
industrial" operations, the proposed ordinance requires such zoning
limitations. Furthermore, the proposed ordinance requires proof of
patient registration with the City Clerk, despite public comments
pertaining to Health Insurance Portability and Accountability (HIPPA)
that describe patient rights to confidentiality. Other areas of the
proposed ordinance that reflect no change with regard to public
comment include the number of dispensaries allowed within city
limits; the number of patients allowed to participate in collective
dispensary operations; and on-hand product limitations.

"I've been studying the ordinance carefully and comparing it others
and it appears that the police chief took the worst and most
burdensome provisions from the worst ordinances in the state and made
them worse and more onerous," Attorney Ron Green said. "There was no
real community input; it was written primarily by the police chief,
strictly from an anti-medical marijuana point of view and may make it
impossible for any dispensaries to actually obtain licenses."

According to the staff report that accompanied the item, the planning
commission will be afforded the opportunity to eliminate and/or
modify specific provisions within the proposed ordinance following
public comment.

A copy of the proposed ordinance in its entirety is available for
public review at Clearlake City Hall during regular business hours.
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