Campbell Municipal Code Ch. 8.40 Non-Medical Marijuana

The City Council finds that the prohibitions on marijuana processing, delivery, cultivation, sale and distribution are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community.

(Ord. No. 2214, § 2, 11-1-2016)

For purposes of this Chapter, the following definitions shall apply:

A. Except as otherwise set forth in this section, the definitions contained in section 8.38.020 of this Title shall apply, provided that the terms processing, dispensary and cultivation shall encompass the terms Marijuana Processing, Marijuana Dispensary or Marijuana Dispensaries, and Marijuana Cultivation, but shall not be limited to medical marijuana or medical marijuana use as defined in subsection C of this section;

B. "Delivery" shall have the same meaning as set forth in California Business and Professions Code section 26001;

C. "Marijuana" shall also include all things covered by section 11018 of the California Health and Safety Code, in addition to the definition contained in section 8.38.020;

D. "Medical marijuana or medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 11362.5 and 11362.7 et seq.;

E. "Non-medical marijuana" or "non-medical marijuana use" means all marijuana or uses of marijuana not included within the definition of medical marijuana use;

F. "Private residence" means a lawfully existing house, an apartment unit, a mobile home or other similar dwelling.

(Ord. No. 2214, § 2, 11-1-2016; Ord. No. 2218, § 6, 1-17-2017)

Except as otherwise provided in this Title, all non-medical marijuana use is prohibited in the City of Campbell, including but not limited to cultivation, processing, delivery, sale and dispensing.

(Ord. No. 2214, § 2, 11-1-2016)

To the extent that the City is required by State law to allow the cultivation of marijuana, the rules set forth in this section shall apply:

A. The cultivation of marijuana 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 non-medical marijuana 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, O2 H2, methanol, iso-propyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloro-ethylene,) or generators for cultivation of marijuana is prohibited;

F. Any structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana 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 marijuana. 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 marijuana 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;

H. Adequate mechanical locking or electronic security systems must be installed as part of the structure prior to the commencement of cultivation;

I. Marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana 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. 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;

K. Cultivation of marijuana shall take place only on impervious surfaces;

L. There shall be no exterior evidence of marijuana cultivation occurring on the parcel;

M. No more than one room in any structure may be used for cultivation;

N. The marijuana cultivation area 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;

O. No room or area in a structure that is used for cultivation shall be accessible to persons under twenty-one years of age;

P. Written consent of the property owner to cultivate marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by agents of the City;

Q. 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 marijuana;

R. No one other than a full-time resident of the residence shall be involved or take part in the cultivation;

S. No chemical fertilizers, pesticides, or other chemical agents shall be used for marijuana cultivation;

T. The marijuana cultivation area 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;

U. The owner and any lessee of the residence upon which cultivation will occur shall inform the Police Department of the intent to cultivate marijuana, 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;

V. Cultivation shall be limited exclusively for the personal use of lawful residents of the property on which the cultivation is occurring.

(Ord. No. 2214, § 2, 11-1-2016; Ord. No. 2218, § 7, 1-17-2017)