CC Ordinance 2327 - CMC 8.40 Allowing Delivery of Cannabis in the City of Campbell ORDINANCE NO. 2327
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DELETING MUNICIPAL
CODE CHAPTER 8.38 AND AMENDING CHAPTER
8.40 TO ALLOW DELIVERY OF CANNABIS TO ALL
ADULTS AND MAKING OTHER NON-
SUBSTANTIVE CLARIFICATIONS; AND DELETING
THE REFERENCE TO CHAPTER 8.38 FROM
CAMPBELL MUNICIPAL CODE SECTION 6.10.020
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, entitled "The Compassionate Use Act of 1996" ("CUA");
WHEREAS, the intent of the CUA was to decriminalize the possession and use of
cannabis for medical purposes by seriously ill Californians under State law once a
physician has deemed the use beneficial to a patient's health;
WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical
Marijuana Program Act ("MMPA"), which permitted qualified patients and their primary
caregivers to associate collectively or cooperatively to cultivate cannabis for medical
purposes without being subject to criminal prosecution under the California Penal Code;
WHEREAS, neither the CUA nor the MMPA require or impose an affirmative duty
or mandate upon a local government to allow, authorize, or sanction the establishment of
facilities that cultivate, dispense, deliver or process medical cannabis within its jurisdiction;
WHEREAS, in May 2013, the California Supreme Court issued its decision in City
of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding
that cities have the authority to ban medical cannabis land uses;
WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C.
Section 801 et seq., the use, possession, and cultivation of cannabis are unlawful and
subject to federal prosecution without regard to a claimed medical need;
WHEREAS, in 2015, California enacted three bills—Assembly Bill 243 (Assembly
Bill 266; and Senate Bill 643 that collectively established a comprehensive state
regulatory framework for the licensing and enforcement of cultivation, manufacturing,
retail sale, transportation, storage, delivery, and testing of medicinal cannabis in
California. This regulatory scheme is known as the Medical Cannabis Regulation and
Safety Act ("MCRSA");
WHEREAS, MCRSA became effective January 1, 2016 and contained provisions
that govern the cultivating, processing, transporting, testing, and distributing of medical
cannabis to qualified patients. MCRSA also contained statutory provisions that:
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• Allowed local governments to enact ordinances expressing
their intent to prohibit the cultivation of cannabis and their intent not
to administer a conditional permit program for the cultivation of
cannabis;
• Expressly provided that the Act does not supersede or limit
local authority for local law enforcement activity, enforcement of local
ordinances, or enforcement of local permit or licensing requirements
regarding cannabis;
• Expressly provided that the Act does not limit the authority or
remedies of a local government under any provision of law regarding
cannabis, including but not limited to a local government's right to
make and enforce within its limits all police regulations not in conflict
with general laws; and
• Required a local government that wishes to prevent cannabis
delivery activity from operating within the local government's
boundaries to enact an ordinance affirmatively banning such delivery
activity;
WHEREAS, on November 8, 2016, California voters approved Proposition 64,
the initiative known as the Control, Regulate and Tax Adult Use of Marijuana Act
("AUMA"), which effectively legalized the adult recreational use of cannabis in
California;
WHEREAS, in 2018, the Medical and Adult Use Cannabis Regulation and Safety
Act ("MAUCRSA"), establishing a general framework for the regulation of both
commercial medical and adult-use cannabis became effective;
WHEREAS, many California cities, as well as the City of Campbell, have reported
negative impacts of cannabis processing and dispensing activities, including offensive
odors, illegal sales and distribution of cannabis, trespassing, theft, violent robberies and
robbery attempts, fire hazards, and problems associated with mold, fungus, and pests;
WHEREAS, cannabis plants, as they begin to flower and for a period of two months
or more, produce a strong odor, offensive to many people, and detectable far beyond
property boundaries if grown outdoors;
WHEREAS, the strong smell of cannabis creates an attractive nuisance, alerting
persons to the location of the valuable plants, and creating a risk of burglary, robbery or
armed robbery;
WHEREAS, the indoor cultivation of cannabis has potential adverse effects to the
structural integrity of the building, and the use of high wattage grow lights and excessive
use of electricity increases the risk of fire which presents a clear and present danger to
the building and its occupants;
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WHEREAS, based on the experiences of other cities, these negative effects on
the public health, safety, and welfare would be likely to occur in the City if cannabis
processing, cultivation and storefront dispensing activities are established;
WHEREAS, Section 7 of Article 11 of the California Constitution and Section
2.04.010 of the Campbell Municipal Code provides the City Council with the authority to
make and enforce all laws, rules and regulations with respect to not in conflict with general
laws, and the power to exercise, or act pursuant to any and all rights, powers, and
privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, under the Campbell Municipal Code ("CMC") every zoning district in
the City of Campbell prohibits any land use inconsistent with state or federal law;
WHEREAS, allowing and regulating the cultivation, processing and storefront
dispensing of cannabis within the City limits of the City of Campbell would have a
significant impact on the resources of the City;
WHEREAS, on March 1, 2016, the City Council adopted Ordinance No. 2197,
which added Chapter 8.38 to the Campbell Municipal Code, expressly prohibiting the
processing, dispensing or delivery of cannabis in the City of Campbell;
WHEREAS, AUMA allows the cultivation of up to six (6) plant in a private residence
for personal use, while CUA recognizes more expansive rights for qualified patients and
primary caregivers;
WHEREAS, on November 1, 2016, the City Council adopted Ordinance No. 2214,
in response to AUMA, adding Chapter 8.40 to the Campbell Municipal Code to regulate
non-medical cannabis to the extent that it was not already regulated in the City of
Campbell;
WHEREAS, the City Council respects the right of qualified patients to use medical
cannabis for relief of their ailments; and
WHEREAS, the allowing delivery of medical cannabis from licensed businesses
located outside of the City to qualified patients located in the City would be the least
onerous way of affording access to patients within the City;
WHEREAS, the City of Campbell is a geographically compact city, with the longest
internal distance from border to border being only approximately 4.5 miles;
WHEREAS, approximately 73% of the City's privately held land is zoned to allow
residential use; and no parcel of property in the City is located more than approximately
1,310 feet from a property zoned for residential use;
WHEREAS, the proximity of privately held land in Campbell that is potentially
available for a physical location from which to distribute cannabis is further constrained
by the presence of schools, daycare operations and youth centers;
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WHEREAS, there are 15 licensed retail businesses selling cannabis within
approximately 5 miles of the City of Campbell, of which 11 offer deliver service, which
readily provides for retail sale of cannabis in a timely and readily accessible manner, and
in types and quantities that are sufficient to meet demand from medicinal cannabis
patients;
WHEREAS, distinguishing between delivery of medicinal cannabis and non-
medicinal cannabis presents practical difficulties for enforcement purposes;
NOW THEREFORE, the City Council of the City of Campbell does ordain as
follows:
Section 1. The City Council of the City of Campbell hereby finds that the above
recitals are true and correct and are incorporated into the substantive portion of this
ordinance;
Section 2: Chapter 8.38 of the Campbell Municipal Code is hereby deleted in its
entirety, as its substantive provisions have been substantially consolidated into Chapter
8.40;
Section 3: Chapter 8.40 of the Campbell Municipal Code is hereby amended to
read as set forth in Attachment A to this ordinance;
Section 4: Subparagraph (Q) of paragraph (6) of subsection (a) of section
6.10.020 of the Campbell Municipal Code is amended by deleting the reference to "8.38,"
so that the subparagraph reads as follows with strikethroughs (ctrikcthroughs) indicating
deleted text:
(Q) A violation of any of the provisions of Campbell Municipal Code Chapters
5.24, 5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 6.12, 6.19, 6.20, 6.30, 6.40, 8.34,
8.38, 8.40, 8.42, 11.04, 11.08, 11.12, 11.16, 11.32, 13.04, or 14.02,
Section 5: The City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act("CEQA") pursuant to CEQA Guidelines Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Alternatively, the City Council finds the approval of this
ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no
potential for causing a significant effect on the environment.
Section 6: This ordinance shall be in full force and effect thirty (30) days after its
adoption by a majority vote of the City Council. The City Clerk shall cause this ordinance,
or a summary thereof, to be published pursuant to applicable law.
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PASSED AND ADOPTED this 1st day of April, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Sergio Lopez, Mayor
ATTEST:
Atka
Andrea Sa ers, City Clerk
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Attachment A
Title 8-PUBLIC PEACE,SAFETY AND MORALS
Chapter 8.40 Cannabis
Chapter 8.40 CANNABIS
8.40.010 Legislative Findings and Statement of Purpose.
A. The City Council finds that the prohibitions on cannabis processing, and cannabis
distributors, retailers, and microbusinesses are necessary for the preservation and
protection of the public health, safety, and welfare for the City and its community.
The City Council's prohibition of such activities is within the authority conferred
upon the City Council in state law.
B. The "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("Act") creates
a general framework for the regulation of commercial medicinal activity and
commercial adult-use cannabis activity in California and contains statutory
provisions that:
1. Allow local governments to enforce new and existing ordinances expressing
their intent to regulate cannabis businesses (Business & Professions Code §
26200);
2. Expressly provide that the Act does not supersede or limit local authority for
local law enforcement activity, enforcement of local ordinances, or enforcement
of local permit or licensing requirements regarding cannabis (Business &
Professions Code § 26200);
3. Expressly provide that the Act does not prohibit the authority or remedies of a
local government regarding cannabis, including but not limited to a local
government's right to make and enforce within its limits all police regulations
not in conflict with general laws (Business & Professions Code § 26200), and;
4. Require a local government that wishes to regulate cannabis Delivery activity,
as defined in Business & Professions Code section 260001(q) of the Act, within
the local government's boundaries to enact an ordinance in compliance with
Business & Professions Code sections 26200; 26090(f)).
C. The City Council finds that this Chapter: (1) acknowledges that existing provisions
of Title 21 of the Campbell Municipal Code currently prohibits cannabis processing,
and cannabis distributors, retailers, and microbusinesses in the City, as well as
limiting the cultivation of cannabis located on a residence for the personal use of
the residents pursuant to Health & Safety Code section 11362.77 for the cultivation
of cannabis in the City; (2) exercises its local authority to enact and enforce local
regulations and ordinances, including those regarding the permitting, licensing, or
other entitlement of the activities regulated by this Chapter; and (3) exercises its
police power to enact and enforce regulations for the public benefit, safety, and
welfare of the City and its community .
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D. The City Council finds that the Delivery of cannabis from licensed Cannabis
Retailers, Distributors and Microbusinesses located outside of the City of Campbell
provides adequate access to cannabis, including medicinal cannabis, to persons
lawfully allowed to use cannabis, including medicinal cannabis patients and their
primary caregivers, while presenting the least negative impact on City resources
and the quality of life in Campbell.
8.40.020 Definitions.
For purposes of this Chapter, the following definitions shall apply:
A. "Cannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin
whether crude or purified, extracted from any part of the plant; and every
compound, Manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin, and includes all things covered by section 11018 of the California
Health and Safety Code. "Cannabis" as defined in Business and Professions Code
section 26001(f), also means the separated resin, whether crude or purified,
obtained from Cannabis. "Cannabis" does not include the mature stalks of the
plant, fiber produced form the stalks, oil or cake made from the seeds of the plant,
any other compound, Manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. "Cannabis" does not mean
"industrial hemp" as defined by Health & Safety Code section 11018.5. The term
"Cannabis" shall also include "medical marijuana" as such phrase was used in the
August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for
Medical Use, as may be amended from time to time, that was issued by the office
of the Attorney General for the state of California or subject to the provisions of
Health & Safety Code section 11362.5 (Compassionate Use Act of 1996) or Health
& Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act); and
the term shall also include the substance defined as "Medicinal Cannabis" in
section 26001(ak) (Medicinal and Adult-Use Regulation and Safety Act) of the
Business & Professions Code or any successor statute thereto;
B. "Cannabis Cultivation" or "Cultivation" means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of Cannabis, including but
not limited to the creation or maintenance of a nursery or garden;
,C. "Cannabis Delivery" or "Delivery" shall have the same meaning as the term
"Delivery" defined in Business & Professions Code section 26001(q) or any
successor statute thereto;
D. "Cannabis Manufacture" or "Manufacture" shall have the same meaning as
"manufacture"which means to compound, blend, extract, infuse, package, label, or
otherwise make or prepare a Cannabis product, as defined in Business &
Professions Code section 26001(aj) or any successor statute thereto;
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E "Cannabis Processing" or "Processing" means any method used to prepare
Cannabis or its byproducts for commercial retail and/or wholesale, including but not
limited to: drying, cleaning, curing, packaging, and extraction of active ingredients
to create Cannabis related products and concentrates; it also includes Cannabis
Manufacture;
F. "Commercial Cannabis Activity" includes the Cultivation, possession,
Manufacture, distribution, Processing, storing, laboratory testing, packaging,
labeling, transportation, Delivery, or sale of Cannabis and Cannabis products, or
acting as a Cannabis event organizer for temporary Cannabis events as defined in
Business and Professions Code section 26001(1) or any successor statute thereto;
G. "Distributor" means a California Department of Consumer Affairs licensee that is
authorized to engage in the distribution of Cannabis and Cannabis products
pursuant to Business & Professions Code section 26070;
H. "Marijuana" means the same as Cannabis;
I. "Medical Cannabis Collective" or "Cooperative" or "Collective" means any group
that is collectively or cooperatively cultivating and distributing cannabis for medical
purposes that is organized in the manner set forth in the August 2008 Guidelines
for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be
amended from time to time, that was issued by the office of the Attorney General
for the state of California or subject to the provisions of Health & Safety Code
section 11362.5 (Compassionate Use Act of 1996) or Health & Safety Code
sections 11362.7 to 11362.83 (Medical Marijuana Program Act), or any successor
statutes thereto;
J. "Medicinal Cannabis" or "Medicinal Cannabis Product" means Cannabis or a
Cannabis product, respectively, intended to be sold or donated for the use pursuant
to the Compassionate Use Act 1996 (Proposition 215), found in Section 11362.5 of
the Health and Safety Code, by a Medicinal Cannabis patient in California who
possesses a physician's recommendation, or in compliance with any
compassionate use, equity, or other similar program administered by a local
jurisdiction. Business & Professions Code §26001(ak);
K. "Microbusiness" means a California Department of Consumer Affairs licensee that
is authorized pursuant to Business & Professions Code section 26070 to engage in
Cultivation of Cannabis on an area less than 10,000 square feet and to act as a
licensed Distributor, Level 1 manufacturer, and Retailer, provided such licensee can
demonstrate compliance with all requirements imposed by Business & Professions
Code section 26000 et seq. on licensed cultivators, Distributors, Level 1
manufacturers, and retailers to the extent the licensee engages in such activities;
L. "Non-medicinal Cannabis" or "Non-medicinal Cannabis Use" means all
Commercial Cannabis Activity other than use included within the definition of
Medicinal Cannabis;
M. "Private Residence" means a lawfully existing house, an apartment unit, a mobile
home or other similar dwelling;
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N. "Qualified Patient" means a person who has a recommendation or approval of a
physician to use cannabis for relief from a serious medical condition;
O. "Retailer" means a person authorized to engage in the retail sale and Delivery of
Cannabis or Cannabis products to customers pursuant to Business and
Professions Code section 26070.
8.40.030 Prohibited Activities; Exceptions.
A. Except as provided in subsections B, C, D and E of this section, Commercial
Cannabis Activity which includes Cannabis Processing, Cannabis Delivery, and
Cannabis Cultivation shall be prohibited in the City. No use permit, variance,
building permit, or any other entitlement, license, or permit, whether administrative
or discretionary, shall be approved or issued for Commercial Cannabis Activity in
the City, and no person shall otherwise establish or conduct such activities in the
City.
B. The prohibitions set forth in subsection (a) shall not apply to the extent that such
prohibitions are preempted by applicable State or Federal law.
C. Notwithstanding subsection (a), Cannabis Cultivation is allowed pursuant to
Campbell Municipal Code section 8.40.040.
D. Notwithstanding subsection (a), Cannabis Delivery shall be allowed from Cannabis
Retailers, Distributors and Microbusinesses located outside of the City of Campbell
to individuals in the City of Campbell, subject to the following restrictions:
1. Only Retailers, Distributors and Microbusinesses that are licensed under the
applicable laws of the State of California, including but not limited to the
California Business and Professions Code sections 26070 and are operating in
compliance with the applicable laws of the local jurisdiction in which the
Retailer, Distributor and Microbusiness is located shall be allowed to provide
Cannabis Delivery in the City of Campbell;
2. ` Prior to commencing Cannabis Deliveries in the City of Campbell, the
Retailers; Distributors, and Microbusinesses shall register with the Police
Department of the City of Campbell, and provide proof that the Retailer,
Distributor, and Microbusiness is licensed under the applicable laws of the
State of California and operating in compliance with the applicable laws of the
local jurisdiction in which the Retailer, Distributor, or Microbusiness is
physically located;
3. Prior to commencing Cannabis Deliveries in the City of Campbell, the Retailer,
Distributor, and Microbusiness shall provide the Campbell Police Department
with the names and driver's license numbers of all persons who will be
conducting the deliveries; and the Cannabis Delivery operator shall notify the •
Campbell Police Department of any changes in the identities of the persons
conducting the deliveries within twenty-four hours of any change in that
information; and
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4. Annually, prior to July 1st of each year, the Retailer, Distributor, and
Microbusiness shall provide the Campbell Police Department with proof that
the Retailer, Distributor, and Microbusiness license under the applicable laws
of the State of California and authorization to operate in the local jurisdiction in
which the Retailer, Distributor, or Microbusiness is physically located is current
and in effect.
E. Notwithstanding anything contained in this section or Section 8.40.040 to the
contrary, the City Council may adopt an ordinance prescribing rules and regulations
allowing for the operation of a reasonable and appropriate number of Retailer,
Distributor, or Microbusinesses, provided that:
1. No Retailer, Distributor, or Microbusiness shall be located within any zoning
district zoned for residential use;
2. No Retailer, Distributor, or Microbusiness shall be located within any Planned
Development or Condominium Planned Development zoning district;
3. All Retailer, Distributor, and Microbusiness operations must be conducted
within a secured, fully enclosed building;
4. No part of any building containing a Retailer, Distributor, or Microbusiness shall
be located within 100 feet of the closest property boundary of any property
zoned for residential use or on which a legally existing residential use is being
conducted;
5. No part of any building containing a Retailer, Distributor, or Microbusiness shall
be located within 100 feet of the closest property boundary of any Planned
Development or Condominium Planned Development zoning district;
6. No part of any building containing a Retailer, Distributor, or Microbusiness shall
be located within 600 feet of the closest property boundary of any property on
which child day care facility or preschool is located;
7. No part of any building containing a Retailer, Distributor, or Microbusiness shall
be located within 600 feet of the closest property boundary of any property on
which any schools—K-12, whether public or private are located;
8. No part of any building containing a Retailer, Distributor, or Microbusiness shall
be located within 600 feet of the closest property boundary of any park or the
Campbell Community Center; and
9. No property on which a Retailer, Distributor, or Microbusiness is located shall
be located shall be within 600 feet of any other property on which Retailer,
Distributor, or Microbusiness is located, as measured from the closest
property boundaries.
Nothing contained in this section shall preclude the City Council from adopting
more restrictive provisions should the Council determine that such provisions are
necessary to protect the public health, safety, or welfare.
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8.40.040 Indoor Cultivation.
To the extent that the City is required by State law to allow the Cultivation of Cannabis,
the rules set forth in this section shall apply:
A. The Cultivation of Cannabis may take place only inside a lawfully existing and
fully enclosed and secure Private Residence, or inside a lawfully existing and
fully enclosed and secure accessory structure to a Private Residence that is
located on the same parcel as the Private Residence. No Cultivation shall
occur outside of a fully enclosed structure;
B. The primary use of the property shall be for a residence;
C. All areas used for Cultivation of Cannabis shall comply with Title 18 (Buildings
Codes and Regulations) of the Campbell Municipal Code, as well as all other
applicable laws;
D. Indoor grow lights are not allowed in any structure used for human habitation.
Indoor grow lights in any other structure shall not exceed 1,000 watts per light,
and shall comply with the California Building, Electrical and Fire Codes as
adopted by the City;
E. The use of gas products or volatile solvents, or dangerous poisons, toxins or
carcinogens (including but not limited to CO 2, butane, propane, natural gas,
xylene, styrene, gasoline, kerosene, 02 H2, methanol, iso-propyl alcohol,
methylene chloride, acetone, benzene, toluene, and trichloro-ethylene,) or
generators for Cultivation of Cannabis is prohibited;
F. Any structure used for the Cultivation of Cannabis must have a ventilation and
filtration system installed that shall prevent Cannabis plant odors from exiting
the interior of the structure, and designed to prevent mold and moisture and
otherwise protect the health and safety of persons residing in the residence
and cultivating the Cannabis. This ventilation shall at a minimum consist of a
system meeting the requirements of the current, adopted edition of the
California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical
Ventilation (or its equivalent(s));
G. Any accessory structure used for the Cultivation of Cannabis shall be located
in the rear yard area of the parcel or premises, and must maintain a minimum
setback equal to the greater of (1) the setback imposed pursuant to the
applicable zoning provisions of Title 21 of this Code, or (2) ten-feet from any
property line. The yard where the structure is maintained must be enclosed by
a solid fence at least six feet in height;
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H. Adequate mechanical locking or electronic security systems must be installed
as part of the structure prior to the commencement of Cultivation;
Non-medicinal Cannabis Cultivation shall be limited to six Cannabis plants per
Private Residence, regardless of whether the Cannabis is cultivated inside the
residence or in an accessory structure. The limit of six plants per Private
Residence shall apply regardless of how many individuals reside at the Private
Residence;
J. Except as otherwise provided for in California Health & Safety Code §
11362.77(b), Cannabis Cultivation for medicinal use shall-be limited to six
mature or 12 immature Cannabis plants per Private Residence, regardless of
whether the Cannabis is cultivated inside the residence or in an accessory
structure;
K. The residential structure shall remain at all times a residence, with legal and
functioning cooking, sleeping and sanitation facilities with proper ingress and
egress. No room used for cooking of meals, sleeping or bathing shall be used
for Cultivation;
L. Cultivation of Cannabis shall take place only on impervious surfaces;
M. There shall be no exterior evidence of Cannabis Cultivation occurring on the
parcel;
N. No more than one room in any structure may be used for Cultivation;
O. The area used for Cannabis Cultivation shall not exceed thirty-two square feet
and not exceed ten feet in height per residence. This limit applies regardless of
the number of individuals residing in the residence;
P. No room or area in a structure that is used for Cultivation shall be accessible to
persons under twenty-one years of age;
Q. Written consent of the property owner to cultivate Cannabis within the
residential structure shall be obtained and shall be kept on the premises, and
available for inspection by agents of the City;
R. A portable fire extinguisher, that complies with the regulations and standards
adopted by the State Fire Marshal and applicable law, shall be kept in any
room used for Cultivation of Cannabis;
S. No one other than a full-time resident of the residence shall be involved or take
part in the Cultivation;
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T. No chemical fertilizers, pesticides, or other chemical agents shall be used for
Cannabis Cultivation;
U. The area used for Cannabis Cultivation shall not adversely affect the health or
safety of the nearby residents by creating dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration, or other impacts; and shall not be
conducted in a manner that is hazardous due to the use or storage of
materials, processes, products or wastes, or from other actions related to the
Cultivation;
V. The owner and any lessee of the residence upon which Cultivation will occur
shall inform the Police Department of the intent to cultivate Cannabis, and
obtain all necessary building permits, inspections and approvals prior to the
commencement of the Cultivation. No Cultivation shall occur until the premises
have been inspected by the Building Division, and found to be incompliance
with all applicable laws;
W. Except as otherwise provided for in California Health & Safety Code 11362.77,
Cultivation shall be limited exclusively for the personal use of lawful residents
of the property on which the Cultivation is occurring.
8.40.050 Public Nuisance.
Any violation of this chapter is hereby declared to be a public nuisance.
8.40.060 Violations.
Any violation of this chapter shall be punishable as provided in Chapter 6.10
Campbell Municipal Code or any successor provisions thereto.
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