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TO: Board of Supervisors
FROM: Robert Massarelli, Community Development Director
Kathy Freeman, Code Enforcement Program Supervisor
BY: Michael Penhall, Code Enforcement Officer
DATE: September 12, 2017
SUBJECT: Marijuana Nuisance Abatement Hearing Request for Myra Arin and Wingrove Williams
SUMMARY
On August 29, 2017, Code Enforcement was investigating a complaint from the Lake County Sheriff’s Office for a unlawful marijuana grow site located at: 2814 Madrone Way; APN: 062-511-10 in the Spring Valley area of Lake County. Upon arrival at the aforementioned property, the Code Enforcement Officer along with Code Enforcement Supervisor observed marijuana growing outdoors above the fence, in the backyard located towards the eastern side of the subject property. Prior to the site visit to the aforementioned property, the Code Enforcement officer researched the subject property and according to County records, the property is .314 of an acre and zoned “R1” Single-family Residential District. It was determined that the marijuana being grown on the property is in violation of the County of Lake Zoning Ordinance; Chapter 21, Article 72. A Notice and Order to Abate Unlawful Marijuana Cultivation was then completed and posted on the subject property on August 29, 2017; see Attachment 1.
The posted Notice provided the property owner and/or tenant to abate the unlawful marijuana or request a Public Hearing within 5 business days from the posting of the Notice, as prescribed by the County of Lake Zoning Ordinance; Chapter 21, Article 72. On August 29, 2017 a Marijuana Nuisance Abatement Hearing Request Form; see Attachment 2 was received by staff from one of the property owners; Myra Arin, which submitted the request in a timely manner. The Request Form specified the reason(s) why it is believed that the property is not in violation. The reason indicated is as follows: “I was unaware of R1 laws-and we all members of the family have licences- and are disabled-“
This property located in the Spring Valley Lakes sub-division of Clearlake Oaks is .314 acres and zoned R1, Single-family Residential District with a primary residence. The Lake County Zoning Ordinance; Chapter 21, Article 72.5 (b) specifies: Outdoor cultivation, including cultivation within greenhouses or “hoophouses” is prohibited on any parcel that is located within a Community Growth Boundary as designated by the Lake County General Plan, and on any parcel that is one (1) acre or smaller and located outside of any designated Community Growth Boundary. Although the Spring Valley Subdivision is not within a Community Growth Boundary, the parcel is less than an acre in size and therefore does not qualify for outdoor cultivation of medical marijuana.
Recommended Action
RECOMMENDATION
Code Enforcement Staff recommends that the Board uphold the Notice and Order to Abate Unlawful Marijuana Cultivation dated August 29, 2017 for the property located at: 2814 Madrone Way, Clearlake Oaks CA, also known as Assessor’s Parcel Number: 062-511-10 and authorize staff to move forward with the abatement process by removal and disposal of the unlawful marijuana located on the aforementioned property.
PROPOSED MOTION:
I move that the Board uphold the Notice and Order to Abate Unlawful Marijuana Cultivation, dated August 29, 2017 for the property located at 2814 Madrone Way, Clearlake Oaks, also known as Assessor’s Parcel Number 062-511-10, and authorize staff to move forward with the abatement process of removal and disposal of the unlawful marijuana located on the aforementioned property.