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. #248-2020, S2 (Exh. A))