COUNTY OF LAKE

COMMUNITY DEVELOPMENT DEPARTMENT

Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453 ITEM 2
Telephone 707/263-2221 FAX 707/263-2225 10:00 A.M.
April 28, 2011

MEMO

TO: Planning Commission

FROM: Richard Coel, Community Development Director

DATE: April 22, 2011

SUBJECT: Revisions to Draft Dispensaries Ordinance

Attachment: Revised Ordinance dated April 22, 2011

Upon review of the draft Medical Marijuana Dispensary Ordinance by the Senior Deputy County
Counsel and the Lake County Sheriff, and as a result of further discussions with staff, several
corrections and revisions to the draft ordinance are being recommended. All corrections and revised
or additional text is highlighted in the attached ordinance dated April 22, 2011. Text that should be
removed or replaced is indicated with strikethrough font.

While most of the revisions are intended for purposes of clarification or consistency of terms used,
there are several substantive revisions, as follows:

• Section 72.5 (f); add language that setback from schools only applies to public or private
elementary, middle and high schools, not dance studios, driving schools or other types of
schools.

• Section 72.5 (g); add language to clarify that the 100 foot setback from a dispensary to a
residential district is measured form the building or unit used for the dispensary, not from
the property line.

• Section 72.6 (a) 1; The Lake County Sheriff has requested that the names of the growers
supplying medical marijuana to dispensaries be kept as part of the records for annual
compliance monitoring by the Sheriff’s Office. This is to help ensure that supply is coming
from approved sources within California and is cultivated by qualified patients or
caregivers.

• Section 72.6 (a) 3; At the recommendation of the Lake County Sheriff, staff has added a
provision that dispensary employees, contractors and/or volunteers be subject to passing
background investigations.
Revised Draft Dispensary Ordinance; PC Memo dated 4.22.2011

• Section 72.6 (i); Staff suggests this draft provision that would require members of the
dispensaries to be residents of Lake County be deleted. Given the number of part time
residents who own vacation homes in Lake County, this provision is not practical. The
intention of this provision was to assure that the local dispensaries are serving the needs of
local residents, and a higher number of dispensaries would not be needed to serve out-of-
County qualifying patients. However, this provision to restrict members to local residents
would have unintended consequences and would likely be difficult to enforce.

• Section 72.14; This section is being deleted because this language is already covered under
Section 72.12.

• Section 2; At the recommendation of County Counsel, a severability clause is being added.

Please replace the original draft of the ordinance that was included with the Staff Report dated April
8, 2011 (as Attachment 1) with this revised copy dated April 22, 2011.