Clearlake City Zoning Code
18-41 CANNABIS
PERSONAL CULTIVATION
18-41.010 Purpose and Intent.
It is the purpose and intent of this article to regulate personal cultivation of marijuana within the City in order to preserve the public peace, health, safety and general welfare of the citizens of the City of Clearlake. (Ord. #271-2025, S2 (Exh. A))
18-41.020 Relationship to Other Laws.
This article is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity that is regulated by Federal or State law to the extent that application of this article would conflict with such law or would unduly interfere with the achievement of Federal or State regulatory purposes. It is the intention of the Council that this article shall be interpreted to be compatible and consistent with Federal, City, and State enactments and in furtherance of the public purposes which those enactments express. It is intended that the provisions of this article will supersede any other provisions of this Code found to be in conflict. (Ord. #271-2025, S2 (Exh. A))
18-41.030 Personal Cultivation – Indoors.
Indoor cultivation shall comply with all State laws, guidelines, and license requirements applicable to indoor marijuana cultivation, as well as all laws regarding building permits. Nothing in this article shall be construed to allow a permittee to cultivate marijuana within the City of Clearlake in violation of State law. (Ord. #271-2025, S2 (Exh. A))
18-41.040 Personal Cultivation – Outdoors.
Persons twenty-one (21) years of age or older may cultivate marijuana for personal use outdoors on the grounds of a private residence subject to the following regulations:
a. Must obtain a cultivation permit from the City before beginning any outdoor cultivation.
b. The outdoor cultivation must occur within an area one hundred (100) square feet or less.
c. No outdoor cultivation is permitted in the following areas within the City:
1. Outdoors within any mobile home park as defined within Clearlake Municipal Code.
2. Outdoors on any property that is improved with multifamily dwellings as defined within the Clearlake Municipal Code.
4. Outdoors within one hundred (100') feet of Clear Lake. The setback shall be measured from where the water surface intersects the natural ground at the full lake level of 7.56 feet on the Rumsey Gauge.
5. Outdoors within one hundred (100') feet from the top of banks of Borax Lake, as well as existing major, natural drainage courses, and major tributaries thereto, hereby identified as Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek, and Cache Creek.
6. Outdoors within any commercial zone, MUR Zone, Scenic Corridor zone, or “beautification zone” specifically identified as an area requiring a higher level of aesthetics.
7. Within a hoop style greenhouse structure.
d. All outdoor cultivation areas shall be enclosed, with solid wood or other conforming types of solid fencing, and be constructed pursuant to provisions set forth in Section 18-20.070 pertaining to fences, walls and hedges.
e. The outdoor cultivation site must be enclosed/surrounded within a single, square, opaque, six (6') foot high fenced area no larger than ten (10') feet by ten (10') feet, with dimensions equal on all four (4) sides.
f. Six (6') foot high perimeter fencing of the entire yard is required, per fence ordinance and in compliance with CMC.
g. The enclosed cultivation site must be secured by a locking mechanism and locked at all times when the owner is not tending the site.
h. Setbacks for the cultivation site are five (5') feet from the residence and ten (10') feet from the property line. Additional setbacks or prohibitions may also apply from the City’s Zoning Code.
i. Outdoor cultivation must be conducted in accordance with all State law requirements.
j. No outdoor marijuana cultivation area shall be visible from a public right-of-way. Cultivators shall take appropriate steps to shield their marijuana plants from being visible from a public right-of-way, as per subsections (d), (e) and (f) of this section.
k. If the person cultivating marijuana is anyone other than the owner of a private residence, the owner must give notarized, written permission authorizing the cultivation of marijuana on the grounds of the private residence. (Ord. #271-2025, S2 (Exh. A))
18-41.050 Regulations Applicable to Indoor and Outdoor Personal Marijuana Cultivation.
a. Diversion of Waterways Prohibited. Diversion of water from any waterway for the purposes of cultivating marijuana is prohibited.
b. Processing of Marijuana. Processing of marijuana that in any way alters the chemical structure is prohibited, unless otherwise permitted by State law.
c. Personal marijuana cultivation permitted by this article shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
d. Use, storage, or discharge into City wastewater facilities of any hazardous chemicals in the cultivation of marijuana is strictly prohibited. Hazardous chemicals shall include, but are not limited to, any chemical or substance that is prohibited by the Federal Environmental Protection Agency or the California Department of Food and Agriculture.
e. Water usage for cultivation of marijuana under this article shall not exceed any limitations imposed by Federal, State, or local water restrictions.
f. Marijuana cultivation shall only be conducted on the grounds of a private residence that has its own water source, either through metered water or an on-site well. Trucked-in water is prohibited as a water source for cultivation.
g. As provided by State law, no more than a total of six (6) living marijuana plants may be cultivated on the grounds of a single private residence, whether indoor or outdoor, at one (1) time. (Ord. #271-2025, S2 (Exh. A))
18-41.060 Outdoor Marijuana Cultivation Permit.
a. Prior to commencing any marijuana cultivation outdoors, a person wishing to cultivate marijuana outdoors within the City limits must obtain an outdoor marijuana cultivation permit from the City Manager of the City of Clearlake. The permit application and/or renewal application shall be completed by the applicant, signed and notarized by the applicant, and shall contain the following information, which will be required with the initial permit application and subsequent permit extensions:
1. The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.
2. A notarized signature from the owner of the property consenting to the cultivation of marijuana at the premises on a form acceptable to the City, and when the applicant is not the sole owner of the property, then written permission of the owner’s consent to allow marijuana cultivation to occur on the premises with the owner’s notarized signature.
3. The physical site address of where the marijuana will be cultivated.
4. A signed consent form, acceptable to the City Manager, authorizing City staff, including the Chief of Police or his or her designee, to conduct a compliance inspection of the outdoor area of the residence used for the cultivation of marijuana upon twenty-four (24) hours’ notice.
b. The initial permit shall be valid for one (1) year and each renewal permit shall be valid for one (1) year.
c. To the extent permitted by law, any personal information submitted with a marijuana cultivation permit application or permit extension shall be kept confidential and shall only be used for purposes of administering this article.
d. The City Manager may deny any application for an outdoor marijuana cultivation permit, or extension thereof, if the applicant proposes to cultivate marijuana outdoors in an area or in a manner prohibited by this article, or if the applicant has prior criminal conviction for a drug-related offense. Such denial shall be given to the applicant in writing and shall describe the grounds for the denial.
e. A person who is denied an outdoor marijuana cultivation permit under this section may appeal such denial to the Planning Commission within five (5) days of the date the City issues the written denial required by subsection (d) of this section.
f. Upon timely request by the person requesting the outdoor marijuana cultivation permit, the appeal hearing process and related procedures of a denial of its permit pursuant to this section shall proceed pursuant to the provisions of this chapter.
g. An applicant shall pay an annual permit fee to cover the reasonable cost of administering this article. The permit fee shall initially be two hundred fifty ($250.00) dollars and shall be updated annually in the City of Clearlake schedule of fees.
h. Permittees shall comply with all State laws, guidelines, and license requirements applicable to marijuana cultivation including those set forth and promulgated under the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Failure to comply with any State law, regulations, or license requirement pertaining to marijuana cultivation shall be grounds for City permit revocation. Nothing in this article shall be construed to allow a permittee to cultivate marijuana within the City of Clearlake in violation of State law. (Ord. #271-2025, S2 (Exh. A))
18-41.070 Prohibited Marijuana Cultivation Declared a Public Nuisance.
18-41.080 Enforcement.
a. It is the intent of the City of Clearlake to enforce the provisions of this article on the basis of legitimate and verified complaints received from the public as well as to protect the general welfare, safety and health, as determined by any individual charged by the City to enforce the terms of this article.
b. Nothing in this article shall be construed to prevent the City of Clearlake from pursuing any and all other legal remedies that may be available, including but not limited to criminal and civil actions filed by the City of Clearlake seeking any and all appropriate relief such as civil injunctions, penalties, and forfeiture. (Ord. #271-2025, S2 (Exh. A))
18-41.090 Penalties for Violation.
a. Any existing marijuana cultivation sites located within the City of Clearlake which are operating contrary to the requirements of this article are hereby declared to be a public nuisance.
b. Administrative Fines. A violation of any provision of this article shall constitute a separate and distinct offense subject to an administrative fine. Violators shall also be subject to any other enforcement remedies available to the City under any applicable State or Federal statute or pursuant to any other lawful power the City may possess.
1. The administrative fine for a violation of Sections 18-41.060 and 18-41.070 shall be:
(a) A fine of five hundred ($500.00) dollars for a first violation.
(b) A fine of seven hundred fifty ($750.00) dollars for a second violation of the same ordinance.
(c) A fine of one thousand ($1,000.00) dollars for each additional violation of the same ordinance.
2. The administrative fines set forth above shall be subject to revision by resolution of the City Council.
c. Suspension of Cultivation Privileges.
1. Failure to abate will result in a one (1) year suspension of cultivation privileges both for the individual in violation and for the property itself. Any fines previously assessed must be paid in full prior to lifting the suspension of cultivation privilege.
2. A subsequent failure to abate may result in up to a five (5) year suspension of cultivation privileges, with approval for the individual in violation and for the property itself. Any fines previously assessed must be paid in full prior to lifting the suspension of cultivation privileges. A suspension is appealable to the City Manager or their designee.
d. Cultivation of marijuana in a manner that violates this article is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Article 18-42.
e. Each day a violation is allowed to continue shall constitute a separate and distinct offense and shall be subject to all remedies. (Ord. #271-2025, S2 (Exh. A))