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