CC Resolution 11938RESOLUTION NO. 11938
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL PROHIBITING THE DEPARTMENT OF FOOD
AND AGRICULTURE FROM ISSUINGASTATE LICENSE TO CULTIVATE
MARIJUANA WITHIN THE CITY OF CAMPBELL
WHEREAS, California Health and Safety Code Section 11362.777(b)(3) states
that Department of Food and Agriculture may not issue a state license to
cultivate medical marijuana within a city that prohibits cultivation under principles
of permissive zoning; and,
WHEREAS, City of Campbell zoning codes section 21.02.020.E and 21.70.040.C
are adopted and operate underthe principles of permissive zoning; and,
WHEREAS, Cultivation of marijuana is not an allowed use within the City of
Campbell; and
WHEREAS, every zoning district specifically prohibits "[a]ny use inconsistent with
state orfederal law;" and
WHEREAS, the cultivation of marijuana is prohibited by Federal law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell affirms that the cultivation of marijuana is prohibited in the City of
Campbell under the foregoing provisions of the Campbell Municipal Code and
therefore the Department of Food and Agriculture cannot issue a state license to
cultivate marijuana within the City of Campbell.
PASSED AND ADOPTED this 19th day of January, 2016 by the following roll call
vote:
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
vn ( fl'64-_
Ja n T. Baker, Mayor
ATTEST:
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Wendy ood, City Clerk