City of Clearlake

Regulations for Marijuana Related Commercial Activity

Lake County –> City of Clearlake

City Description

Clearlake is a city in Lake County, California. Clearlake is 4.5 miles (7.2 km) north-northwest of Lower Lake, at an elevation of 1417 feet (432 m). As of the 2010 census, the city had a total population of 15,250, up from 13,142 at the 2000 census. It takes its name from Clear Lake.

The first inhabitants of Clearlake were the Pomo Indians who gave the name to many of the areas features including Mount Konocti. The Pomo suffered mistreatment at the hands of European settlers which resulted in a massive wave of deaths. The result of this was massive amounts of land freed up for the white settlers who arrived during the gold rush.

CULTIVATION

APPROVED

ORDINANCE NO. 181-2016 18–8.050 Who May Cultivate Marijuana in the City

Only a qualified patient may cultivate marijuana under this Chapter. 18–8.060 Where Marijuana May be Cultivated in the City.

  • A. Marijuana may only be cultivated on occupied lots with an approved “Residential Use”.
  • B. Marijuana cultivation is prohibited in the following:
    • 1. On any vacant lot.
    • 2. Within 600 feet of a public or private school, child care center, or City park, as measured from the property line of the cultivation site to the property line of the school is prohibited.
    • 3. Within any mobile home park as defined within Clearlake Municipal Code;
    • 4. On any property that is improved with multi-family dwellings as defined within the Clearlake Municipal Code.
    • 5. Any indoor cultivation within a residential dwelling unit, unless allowed by the dispensary ordinance (Clearlake Municipal Code Chapter 5-20).
    • 6. Within 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 7.79 feet on the Rumsey Gauge. –
    • 7. Within 100 feet from the top of banks of existing major, natural drainage courses
      hereby identified as Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek, and Cache Creek.
    • 8. Within any commercial zone, MUR zone, Scenic Corridor zone, or “beautification zone” specifically identified as an area requiring a higher level of aesthetics.
  • H. Cultivation of marijuana, including that which is conducted by collective or cooperative organizations shall be operated in full compliance with California Health and Safety Code Section 11362.7 et seq.
  • I. 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 18-5.8 of the City of Clearlake Municipal Code pertaining to fences, walls and hedges.
  • K. Only primary residents of the City of Clearlake may cultivate marijuana within the City, unless otherwise provide in the dispensary ordinance (Clearlake Municipal Code Chapter 5-20).

18–8.070 Marijuana Cultivation Regulations

  • A. Amount or size of grow permitted:
    • 1. Outdoor cultivation on residential properties. No more than six (6) marijuana plants may be cultivated on a lot with an approved, developed Residential Use. The cultivation must occur within an area 100 square feet or less.
    • 2. Commercial cultivation of marijuana in any amounts is prohibited, unless otherwise allowed by the dispensary ordinance (Clearlake Municipal Code Chapter 5-20).
  • B. Diversion of water from any waterway for the purposes of cultivating marijuana is prohibited.
  • C. Cultivating marijuana plants that can be seen from the public right of way is prohibited. Public right of way is hereby defined as any public street, sidewalk, trail, or navigable waterway, as well as any property owned by a public agency.

18–8.090 Marijuana Cultivation Permit

  • A. Prior to commencing any marijuana cultivation, a person wishing to cultivate marijuana within the City limits must obtain a marijuana cultivation permit from the City of Clearlake. The permit application and/or renewal application shall be completed by the applicant, signed and notarized by the applicant,

MANUFACTURING

APPROVED

Manufacturing 18–8.060 Where Marijuana May be Cultivated in the City

  • D. Processing of Marijuana:
    • 1. Processing of marijuana that in any way alters the chemical structure is prohibited. 2. Only marijuana grown on a property in full compliance with this Chapter may be processed on that property.

RETAIL

APPROVED

Clearlake Municipal Code Chapter 5-20: 5-20.2 Dispensary License Required to Operate

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a dispensary unless the person first obtains and continues to maintain a valid dispensary license from the City as required by this section. (Ord. # 150-2011)

5-20.3 Limitations on Number and Size of Dispensaries.

  • a. The City may not grant more than three (3) licenses for medical marijuana dispensaries at any given time. When Clearlake’s population reaches twenty thousand (20,000), then the number of licenses granted at any given time shall be increased to four (4).

5-20.13 Operating Requirements

  • e. Dispensary Supply. A dispensary may possess no more than (5) pounds of dried marijuana at any one time in addition to live plants for sale for medicinal purposes that are in a vegetative (not mature) state.
  • f. Dispensing Operations.
    • 1. A dispensary shall only dispense to qualified patients or caregivers with a valid physician’s recommendation in compliance with the Compassionate Use Act.
      • b. The retail area of a medical marijuana dispensary shall not exceed one thousand two hundred (1,200) square feet (Ord.# 150-2011)
  • g. Retail Sales and Cultivation.
    • 1. Subject to this section, no medical marijuana shall be cultivated on the premises of the dispensary, except in compliance with the Compassionate Use Act and Medical Marijuana Program. No cultivation shall take place outdoors on the premises; all cultivation must occur indoors.
    • 2. A dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to the Compassionate Use Act and Medical Marijuana Program.
    • 3. The sale of ancillary products, including books, herbal supplements, and devices facilitating the consumption of medical marijuana shall occur in a manner consistent with this section, and in compliance with all State requirements.

18–8.060 Where Marijuana May be Cultivated in the City

  • H, Cultivation of marijuana, including that which is conducted by collective or cooperative organizations shall be operated in full compliance with California Health and Safety Code Section 11362.7 et seq.
  • J. For collective or cooperative cultivation sites, evidence that the collective or cooperative is organized consistent with Health and Safety Code Section 11362.7 et seq. and the State Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use shall be maintained and made available to law enforcement officials upon request.

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