CC Ordinance 2224ORDINANCE NO. 2224
AN ORDINANCE OF THE PEOPLE OF THE CITY
OF CAMPBELL AMENDING SECTION 8.38.030 OF
THE CAMPBELL MUNICIPAL CODE REGARDING
MEDICAL MARIJUANA
The People of the City of Campbell do ordain as follows:
Section 1: Title. This ordinance shall be known as the Campbell Responsible
Regulation of Medical Marijuana Act.
Section 2: Findings and Declarations.
A. Many people find that marijuana provides them with relief from a number of
ailments.
B. However, under the Federal Controlled Substances Act, codified in 21 U.S.C.
Section 801 et seq., the use, possession, and cultivation of marijuana are
unlawful; and many California cities, as well as the City of Campbell, have
reported negative impacts of marijuana processing and dispensing activities,
including but not limited to:
1. Dispensaries are home to marijuana crops and large amounts of cash,
thereby making them targets for criminal activity. Jurisdictions with
medical marijuana dispensaries report crime such as armed robberies,
felony assaults, organized crime (particularly in the supply chain), and
money laundering;
2. Many California cities, as well as the City of Campbell, have experienced
trespassing, theft, violent robberies and robbery attempts, fire hazards,
and problems associated with mold, fungus, and pests related to
marijuana cultivation and dispensing;
3. Quality of life concerns also associated with dispensaries include,
loitering, diversion of marijuana to non-patients (e.g. "shoulder tapping"),
increased prevalence of marijuana smoking in public and increased use of
marijuana by minors;
4. Marijuana grown or stored onsite can create strong odors which are
offensive to many people and detectable far beyond property boundaries;
5. The strong smell of marijuana creates an attractive nuisance, alerting
persons to the location of the valuable plants, and creating a risk of
burglary, robbery or armed robbery;
Page 1 of 6
6. The indoor cultivation of marijuana 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 presehts a
clear and present danger to the building and its occupants;
7. According to information from the City of San Jose, it is not uncommon for
medical marijuana dispensaries to have between 500 and 700 customers
on a daily basis. This is approximately 50 people per hour who arrive on
foot and in vehicles, which can have a substantial impact on traffic
congestion and parking in both residential and business districts; and
It would cast the City of Campbell an estimated $968,537 in staff costs
annually to regulate up to 3 dispensaries.
C. The Statewide ballot measure known as Proposition 64, requires all cities to
allow the cultivation of up to 6 marijuana plants per residence for the personal
use of the residents;
D. In order to balance the needs of qualified patients with the adverse impacts of
the cultivation, dispensing and processing of medical marijuana, the City
Council of the City of Campbell adopted a series of ordinances that:
1. Allow for delivery of medical marijuana to qualified patients in the City;
2. Limits the cultivation of the 6 plants per residence allowed under State law
to indoor cultivation, subject to restriction designed to protect the safety
and integrity of the surrounding neighborhoods, as well as the safety of
the residential structures;
3. Prohibits marijuana dispensaries and processing, and the commercial sale
or distribution of marijuana for non-medical purposes.
E. An initiative petition has qualified for a special election in the City of Campbell
that would allow up to 3 dispensaries in the City, and increased cultivation of
marijuana. Under the initiative petitioh:
Dispensaries could be located in Planned Development zoning districts,
which includes areas developed for residential use;
2. Dispensaries could abut residentially zoned properties, except on the side
of the dispensaries on which the dispensary has entrances or exits, or
where the entrance or exit is on a side that shares a corner with a
residential zoned property. Dispensaries could also abut legally existing
residences that currently exist in non-residential zoning districts;
3. Dispensaries could be located near daycare operation, parks, and homes;
Page 2 of 6
4. Patients could cultivate up to 100 square feet of marijuana plants without a
license from the City;
5. Caregivers could cultivate up to 500 square feet of marijuana plants
without a license from the City; and
6. No restriction is placed on where cultivation can take place.
Section 3: Purpose. This measure is intended to balance the needs of
qualified patients to obtain medical marijuana with the need to preserve the
quality of life for all of the citizens of the City of Campbell. Under the laws
currently adopted in Campbell, qualified patients enjoy the ability to have medical
marijuana delivered directly to them, as well as the right to grow up to 6 plants for
their personal use. Allowing patients to obtain medical marijuana in this fashion
has a far less intensive impact on the City than allowing dispensaries. The City
needs time to assess whether or not the ability to obtain medical marijuana
through deliveries and limited, personal cultivation provides adequate access for
qualified patients, as well as to fully study the impacts marijuana dispensaries in
other communities, and learn from their experiences. In order to further this
intent, this measure would continue the City's current ban on dispensaries up
through at least April 1, 2019. After April 1, 2019, the Campbell City Council
would have discretion to allow a reasonable and appropriate number of
dispensaries in the City, provided that the dispensaries could not be located near
any sensitive use or other dispensary.
Section 4: Dispensaries. Campbell Municipal Code section 8.38.030 is
hereby amended to read as follows:
8.38.030 Prohibited Activities; Exceptions.
A. Except as provided in subsections B, C, D and E of this
section, Marijuana Processing, Marijuana Delivery, Marijuana
Cultivation and Marijuana Dispensaries shall be prohibited
activities 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 the activities of
Marijuana Processing, Marijuana Delivery, Marijuana Cultivation, or
the establishment or operation of a Marijuana Dispensary 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.
Page 3 of 6
C. Notwithstanding subsection A, Marijuana Cultivation is
allowed for personal medical use to the same extent, and under the
same restrictions as allowed for personal use pursuant to Campbell
Municipal Code section 8.40.040.
D. Notwithstanding subsection A, Marijuana Delivery shall be
allowed from Marijuana Dispensaries located outside of the City of
Campbell to Qualified Patients in the City of Campbell, subject to
the following restrictions:
1. Only Marijuana Dispensaries that are licensed under the
applicable laws of the State of California, including but not limited to
the Medical Cannabis Regulation and Safety Act (California
Business and Professions Code sections 19300 et. seq.,) and are
operating in compliance with the applicable laws of the local
jurisdiction in which the Marijuana Dispensary is located shall be
allowed to provide Marijuana Delivery to a Qualified Patient in the
City of Campbell; ,
2. Prior to commencing Marijuana Deliveries to Qualified
Patients in the City of Campbell, the Marijuana Dispensary shall
register with the Police Department of the City of Campbell, and
provide proof that the Marijuana Dispensary 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 Marijuana Dispensary is located;
3. Prior to commencing Marijuana Deliveries to Qualified
Patients in the City of Campbell, the Marijuana Dispensary 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 Marijuana Dispensary 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
4. Annually, prior to July 1st of each year, the Marijuana
Dispensary shall provide the Campbell Police Department with
proof that the Marijuana Dispensary's license under the applicable
laws of the State of California and authorization to operate in the
local jurisdiction in which the Marijuana Dispensary is located is
current and in effect
E. Notwithstanding anything contained in this section or section
8.40.040 to the contrary, on or after April 1, 2019, but not before
then, the City Council may adopt an ordinance prescribing rules
Page 4 of 6
and regulations allowing for the operation of a reasonable and
appropriate number of Marijuana Dispensaries, provided that:
1. No Marijuana Dispensary shall be located within any
zoning district zoned for residential use;
2. No Marijuana Dispensary shall be located within any
Planned Development or Condominium Planned Development
zoning district;
3. All Marijuana Dispensary operations must be conducted
within a secured, fully enclosed building;
4. No part of any building containing a Marijuana Dispensary
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 Marijuana Dispensary
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 Marijuana Dispensary
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 Marijuana Dispensary
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 Marijuana Dispensary
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 Marijuana Dispensary is located
shall be located shall be within 600 feet of any other property on
which a Marijuana Dispensary 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.
Section 5: Prevalence Over Competing Measure. This measure is, and is
intended to be wholly in conflict with the provisions of the initiative measure submitted
Page 5 of 6
by Proponent Kale Schulte entitled in section 1 of the petition as the "Campbell Medical
Marijuana Regulation and Safety Act of 2016" that proposes adding Chapter 5.56 to the
Campbell Municipal to allow up to three marijuana dispensaries in the City. In the event
that both measures receive a majority of the votes cast in favor of the measures, but
this City Council initiative entitled herein in section 1 as the "Campbell Responsible
Regulation of Medical Marijuana Act" receives a higher number of affirmative votes than
the measure entitled the "Campbell Medical Marijuana Regulation and Safety Act of
2016," the provisions of this Campbell Responsible Regulation of Medical Marijuana Act
shall supersede the measure entitled the "Campbell Medical Marijuana Regulation and
Safety Act of 2016" in its entirety, and the addition of Chapter 5.56 to the Campbell
Municipal Code shall be null and void.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared, invalid
or unconstitutional.
Section 7: 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 8: Effective Date. This ordinance shall become effective upon approval
of a majority of voters voting on the measure for approval of this ordinance at the
election to be held on April 25, 2017.
Page 6 of 6