a. Commercial Cannabis Uses. For purposes of this article, commercial cannabis uses shall include the following land use classifications:

Commercial cannabis uses are subject to the following provisions as set forth in this article, all other applicable provisions in the Zoning Code, and any applicable State licensing requirements. It is unlawful for any person to operate a commercial cannabis business in the City without obtaining a use permit to operate. The City may suspend, revoke, or deny a zoning clearance or permit upon denial or revocation of a State cannabis license.

b. Where Allowed. The commercial cannabis uses that are subject to the standards of this article shall be located in compliance with the requirements of Article 18-17, CB Combining Zone District, and the additional specific locational requirements for each use as follows:

c. Cannabis Business Use Permit.

d. Development Standards. The standards for cannabis uses in this article supplement and are required in addition to those general building and development standards as required by Code. (Ord. #271-2025, S2 (Exh. A))

a. A cannabis business premises permitted under this article shall not be located within six hundred (600') feet of a youth-oriented facility, licensed preschool, or post-secondary educational facility. This setback shall be measured in a straight line from the boundary line of the property on which the cannabis business is located nearest to the boundary of the property on which the building or structure, or portion of the building or structure, in which the above-listed use occurs or is located; however, if the State adopts a different method of calculating distance for purposes of setbacks, State law shall control. The City Council may waive all or part of this requirement if it determines that the proximity does not constitute a risk to public health or safety as it relates to anything other than a K-12 public or private school or a youth center.

b. When considering the compatibility of a cannabis business with the uses of adjacent property, the Planning Commission shall condition the use permit with appropriate setbacks and/or buffering techniques such as fencing, walls, berms or landscaping to mitigate any potential conflicts between cannabis business uses and the use of adjacent property. (Ord. #271-2025, S2 (Exh. A))

a. Permit Required – Application. The owner of a proposed commercial cannabis facility shall file an application for a use permit with the Community Development Department on a form provided by the City. The maximum number of use permits to be issued by the City shall be twelve (12) in total, based on the date the City determines an application complete. Every completed application shall be filed with a filing fee established by resolution of the City Council. The application shall include the name and address of the owner and lessor of the prospective cannabis business premises and a copy of the lease or other such proof of the legal right to occupy and use the premises and a statement from the owner or agent of the owner of the real property where the facility will be located demonstrating the landowner has acknowledged and consented to permit the cannabis business to operate on the property, and all other information required by the Community Development Department use permit application checklist.

b. Cannabis Business Regulatory Permit. No person or entity shall operate a cannabis business facility within the City of Clearlake without first obtaining a cannabis business regulatory permit from the City. The regulatory permit shall be site specific and shall specifically identify the cannabis business activities that will be allowed at that site. No cannabis business activities will be allowed unless specifically identified in the regulatory permit. In addition, all persons or entities who undertake any subcomponent of a cannabis business performed by a subcontractor or tenant of the holder of a cannabis business use permit within the cannabis business permitted premises shall first obtain a cannabis business regulatory permit from the City. (Ord. #271-2025, S2 (Exh. A))

a. Compliance With State and Local Law.

b. Building and Fire Permits. All applicants must illustrate that their facilities are compliant with all applicable local building and fire codes.

c. Management and On-Site Community Relations Contacts. Each applicant for a commercial cannabis business shall provide the Community Development Department, Fire Department, and Police Department with full contact information for the person or persons having management and/or supervision of the cannabis business as well as an on-site community relations contact. Subsequently cannabis operators shall provide prompt written notice to the Planning Department, Fire Department, and Police Department of any changes to such contact information.

d. Transfer of Ownership or Control. A permittee shall not transfer ownership or control of a cannabis business or transfer a use permit or zoning clearance for a cannabis business to another person unless and until the transferee obtains an amendment to the permit or zoning clearance from the Community Development Director stating that the transferee is now the permittee. Such an amendment is obtained through the issuance of a zoning clearance that documents the transfer and commits the transferee to compliance with each of the conditions of the original use permit or zoning clearance.

e. Security Plan. Every cannabis business shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. As part of an application for a cannabis use, each applicant shall prepare and submit a security plan, which plans shall remain updated and secured on file in the protective custody of the Building Department. The information provided for purposes of this section shall be maintained by the Building Department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction. Minimum security plan requirements include the following:

f. Odor Control. All cannabis businesses in the City shall be required to incorporate and maintain adequate odor control measures such that the odors of cannabis cannot be readily detected from outside of the structure in which the permitted premises is located. The cannabis operator shall be solely responsible for taking any and all appropriate measures to meet this standard and to install, operate and maintain appropriate odor mitigation measures consistent with the manufacturer’s specifications and requirements.

g. Lighting. Exterior lighting shall be provided for security purposes in a manner that shall be sufficient to provide illumination and clear visibility to all outdoor areas, including all points of ingress and egress, with minimal spillover on adjacent properties. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood, and in compliance with all illumination standards adopted by the City on a City-wide basis.

h. Inspections. The cannabis business shall be open for inspection by any City law enforcement officer or City Code Enforcement Officer at any time the cannabis business is operating, at any other time upon responding to a call for service related to the property where the cannabis business is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis business shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.

i. Modifications to Premises. A permittee shall not make physical change, alteration, or modification of the permitted premises that materially or substantially alters the permitted premises from the plans approved by the review authority without the prior written approval of the review authority. Material changes include, but are not limited to: an increase or decrease in the total square footage of the permitted premises, or modifications made for the purpose of increasing power usage, or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress.

j. Display of Permit. Every commercial cannabis facility shall display at all times during business hours the use permit or zoning clearance issued pursuant to the provisions of this article for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the facility.

k. Hours of Operation. Cannabis businesses shall be allowed to operate per the requirements of the underlying zone district or the use permit, whichever is the more restrictive, and subject to the City’s noise and nuisance ordinances.

l. Permit Requirements for a Cannabis Microbusiness. A cannabis microbusiness shall be subject to approval of a use permit by the Planning Commission.

m. Cannabis processing operations that are an ancillary and integral part of the operations of a cannabis manufacturer or cannabis cultivator are not required to have an additional cannabis processing permit. (Ord. #271-2025, S2 (Exh. A))

a. Applicability. In addition to the general operating requirements set forth in Section 18-43.060, this section provides specific requirements for all cannabis cultivation in the City.

b. Permit Requirements. In the CB combining district, all cannabis cultivation businesses shall be subject to approval of a use permit by the Planning Commission.

c. All cultivation facilities must be secured from public access with metal security fencing and drive and pedestrian gates with electronic key code or similar access controls approved by the Chief of Police, as set forth in Section 18-43.060. (Ord. #271-2025, S2 (Exh. A))

a. Applicability. In addition to the general operating requirements set forth in Section 18-43.060, this section provides specific requirements for all cannabis manufacturers in the City.

b. Permit Requirements. In the CB combining district, all cannabis manufacturing businesses shall be subject to approval of a use permit by the Planning Commission.

c. Operating Requirements.

a. Applicability. In addition to the general operating requirements set forth in Section 18-43.060, this section provides specific requirements for all cannabis distributors in the City.

b. Permit Requirement. A use permit issued by the Planning Commission shall be required to operate a cannabis distribution facility, and may only be issued for cannabis distribution uses located in the CB Combining Zone Districts.

c. Manifests. Cannabis distributors shall maintain records of transactions and shipping manifests at its distribution or transportation site and shall operate in full compliance with State law. (Ord. #271-2025, S2 (Exh. A))

a. Applicability. In addition to the general operating requirements set forth in Section 18-43.060, this section provides specific requirements for all cannabis testing laboratories in the City.

b. Permit Requirements. A use permit issued by the Planning Commission shall be required to operate a cannabis testing laboratory and may only be issued for a cannabis testing laboratory located in the CB Combining Zone Districts. (Ord. #271-2025, S2 (Exh. A))

a. Any person that violates any provision of this article shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

b. Any use or condition caused or permitted to exist in violation of any of the provisions of this article shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Clearlake Municipal Code. Such abatement shall not include the eradication of marijuana plants without first obtaining an abatement warrant.

c. The violation of any provision of this article shall be, and is hereby declared to be, contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief. (Ord. #271-2025, S2 (Exh. A))