Chapt 21.02 Drive In Restaurant
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Ord.No.1176-
TA 78-2
TA 78-2 - Definitions of
Drive-In Restaurants etc.
(Ord. 1176)
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This is second reading d f' 1 d .
TA 78-2 - Text Amendmen~: of ~af.a.o~tlon of Ordinance No. 1176,
Fast Food Restaurants and Standea'dnIRt'ons of Drive-In Restaurants,
restaurants.
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This is the time and place for public hearing to consider
text amendments of definitions of Drive-In Restaurants,
Fast-Food Restaurants, and Standard Restaurants as defined
in the Campbell Municipal Code and their allowed locations
as specified in the Municipal Code.
Planning Director Kee advised that the Planning Commission
held a public hearing on June 6 to consider this proposed
text amendment. He presented the proposed definitions
for the various types of restaurants for the Council's
consideration. The Planning Commission recommends, by a
6-0-0 vote that the Council adopt an ordinaoce approving
the subject text amendment. The major change in the code
would be the requirement of a use pe~it for a fast-food
restaurant.
Mayor Chamberlin declared the public hearing open and asked
if anyone wished to speak. There being no one present
wishing to be heard, Councilman Podgorsek proposed and moved
that the public hearing be closed, seconded by Councilman
Paul and unanimously adopted.
Ordinance No. 1176 is presented for first reading. After
the reading of the title of the ordinance, Councilman
Podgorsek proposed and moved that further reading be waived,
seconded by Councilman Paul and unanimously adopted.
CITY OF CAMPBELL
.
-MEMORANDUM
To:
Honorable City Council
Date:
June 20, 1978
From:
Planning Commission
Subject:
TA 78-2 - RESTAURANTS
----------------------------------------------------------
RECOMMENDATION
That the City Council adopt the attached ordinance approving a text
amendment to define Drive-In Restaurant, Fast-Food Restaurant, and
Standard Restaurant, and to establish specific requirements for fast-
food and drive-in restaurants.
DISCUSSION
At its joint study session with the Planning Commission on April 3, 1978
the Council was advised of a concern on the part of the Commission
relating to the number of fast-food type restaurants being developed
in the city. The Council directed the Planning Commission to review
this matter and come back with recommendations.
The Commission held a public hearing on June 6, 1978 to consider this
matter. At that time the Commission determined that restaurants,
fast-food restaurants, and drive-in restaurants should be defined.
In addition, it was the opinion of the Commission that restaurants
should be allowed in C-l, C-2, and C-3 Zoning Districts; fast-food
and drive-in restaurants should be allowed in C-2 and C-3 Zoning
Districts with a use permit.
At its meeting of June 6, 1978 the Planning Commission took action to
recommend approval of the attached text amendment by a 6-0 vote.
PJS :jw
Attach.
TI
RESOLUTION NO. 1705
PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
,
After notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code to include definitions
of Drive-In Restaurants, Fast-Food Restaurants, and Standard Restaurants
as defined in Sections 21.02.343(A), 21.02.343(B), and 21.02.343(C) and
their allowed locations as specified in Section 21.24.030 of the Campbell
Municipal Code, and after presentation by the Planning Director, proponents,
and opponents, the hearing was closed. (TA 78-2)
After due cons i derat ion of all evi dence presented and based upon the
following findings, the Commission did determine that there was a significant
need to amend the above referenced sections of the Campbell Municipal Code:
1.
That the proposed amendment will allow greater
control over fast food and drive-in restaurants
to help prevent traffic congestion and over-
concentration of similar uses in anyone area.
2.
That the proposed amendment will not be detrimental
to the health, safety, peace, morals, comfort, or
general welfare of persons residing or working
in the neighborhood of such proposed use, or be
detrimental or injurious to property and improve-
ments in the neighborhood or to the general welfare
of the city.
The Planning Commission does hereby recommend that the City Council
adopt the ordinance attached hereto as Exhibit "A" enacting the necessary
legislation to make the proposed text amendment effective.
PASSED AND ADOPTED this 6th day of June 1978 by the following roll
call vote:
AYES: Commissioners: Heba rd, Campos, Dickson, Samuelson,
Vierhus, Pack
NOES: Commi ss ione rs: None
ABSENT: Convn i s s i one rs: None
APPROVED:
Margaret M. Pack
Cha i rman
ATTEST:
Arthur A. Kee
Secretary
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, "
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY OF CAMPBELL
AMENDING SECTION 21.02.343(A), 21.02.343(B),
21.02.343(C), AND 21.24.030 OF THE CAMPBELL
MUN I C I PAL CODE. (TA 78-2)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Sections 21.02.343(A), 21.02.343(B), 21.02.343(C),
and 21.24.030 of the Campbell Municipal Code be amended as set forth in
Exhibit "A" attached hereto.
PASSED AND ADOPTED this
by the following roll call vote:
day of
1978
AYES:
Councilmen:
NOES:
Councilmen:
ABSENT:
Counc i 1 men:
APPROVED:
Dean R. Chamberlin
Mayor
ATTEST:
Phy II i sO. Acke r
City Clerk
"
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EXHI81T A
Page I of 2
DEFINITIONS:
21.02.~ - Drive-In Restaurant
DrIve-In Restaurant. A drIve-In restaurant Is any establishment whose
principal byslness Is the sale of foods, frozen desserts, or beverages
to the custómer In a ready-to-consume state, and whose design, method of
operation, or any portion of whose business Includes one or both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are served directly
to the customer In a motor vehicle either by a carhop or
by other means which eliminates the need for the customer
to exit the motor vehicle.
B.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facIlitIes
on the premises outsIde the restaurant buildIng, Is allowed,
encouraged, or permItted.
21.02.343(8) - Fast-food Restaurant
Fast-food Restaurant. A fast-food restaurant Is any establishment whose
prIncIpal busIness 15 the sale of foods, frozen desserts, or beverages to
the customer In a ready-to-consume state for consumption either wIthin the
restaurant buildIng or for carry-out with consumption off the premises,
and whose desIgn or prIncIpal method of operation Includes both of the
following characteristics:
B.
Foods, frozen desserts, or beverages are usually served In edible
containers or In paper, plastic, or other disposable containers.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facilitIes
on the premises outsIde the restaurant buIldIng Is allowed,
encouraged, or penmltted.
A.
-,
21.02.343~ - Standard Restaurant
Standard Restaurant. A standard restaurant Is any establishment whose
prIncipal business Is the sale of foods, frozen desserts, or beverages
to the customer In a ready-to-consume state, and whose design or principal
8ethod of operation Includes one or both of the following characterIstics:
A.
Customers, normally provIded with an IndIvIdual .-nu, are
served their foods, frozen desserts, or beverages on tableware
by a restaurant employee at the same table or counter at which
.ald Items are consumed.
8.
A cafeterIa-type ope rat Ion .ere foods, frozen desserts, or
beverages generally are consumed withIn the restaurant buIldIng.
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,(HIBIT A
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USES PERMITTED WITH :JSE PERMITS
21.24.030
( 12)
(13)
~14)
drive-In restaurants (subject to provisions of SectIon 21.36)
fast-food restaurants
Other uses whIch are determIned by the P1annlng
Commission to be compatible with the commercial
character of the district.
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PUBLIC HEARINGS
TA 78-2
Restaurants
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This is the time and p1ace for a public hearing
to consider text amendments of definitions of
Drive-In Restaurants, Fast-Food Restaurants, and
Standard Restaurants as defined in Sections
21.02.343(A). 21.02.343(B), and 21.02.343(C).
and their a110wed locations as specified in
Section 21.24.030 of the Campbell Municipal Code.
Mr. Kee stated that staff is recommending that the Planning Commission adopt
a resolution recommending that the Counci1 adopt the text amendment attached
to the Staff Comment Sheet.
Chairman Pack declared the public hearing open and invited anyone in the
audience to speak for or against this item.
Mr. Ted Rogers of the Chamber appeared before the Commission.
ensued regarding the definition of Fast-Food Restaurant.
A discussion
No one else wishing to be heard, Commissioner Dickson moved that the pub1ic
hearing be closed, seconded by Commissioner Samuelson and unanimously adopted.
RESOLUTION NO. 1705
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Corrmissioners:
-~ .-
Commissioner Dickson moved that the Planning
Commission adopt Resolution No. 1705 recommending
that the City Council adopt the attached text
amendments of definitions of Drive-In Restaurants.
Fast-Food Restaurants, and Standard Restaurants,
as defined in Sections 21.02.343(A), 21.02.343(B), and
21.02.343(C) and their a110wed locations as specified
In Section 21.24.030 of the Campbell Municipal Code,
seconded by Commissioner Hebard, and unanimous1y
adopted by the following roll call vote:
Hebard, Campos, Dickson, Samue1son, Vierhus, Pack
None
None
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ITEM NO.9
STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF JUNE 6, 1978
TA 78-2
Restaurants
Public hearing to consider text amendments
of definitions of Drive-In Restaurants, Fast-
Food Restaurants, and Standard Restaurants
as defined in Sections 21.02.343(A), 21.02.343(B),
and 21.02.343(C) and their allowed locations as
specified in Section 21.24.030 of the Campbell
Municipal Code.
STAFF RECOMMENDATION
That the Planning Commission adopt a resolution recommending that the City
Council adopt the attached text amendment.
STAFF DISCUSSION
The Planning Commission has expressed some concern with regard to the
increasing number of fast-food restaurants in the city. Staff is of the
opinion that the terms restaurants, fast-food restaurants and drive-in
restaurants should be defined; and restaurants should be allowed in C-I,
C-2, and C-3 Zoning Districts, fast-food and drive-in restaurants should
be allowed in C-2 and C-3 Zoning Districts with a use permit.
DEFI N IT! ONS:
EXHIBIT A
Page I of 2
21.02.343(A) - Drive-in Restaurant
Drive-in Restaurant. A drive-in restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages
to the customer in a ready-to-consume state, and whose design, method of
operation, or any portion of whose business includes one or both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are served directly
to the customer in a motor vehicle either by a carhop or
by other means which eliminates the need for the customer
to exit the motor vehicle.
B.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facilities
on the premises outside the restaurant building, is allowed,
encouraged, or permitted.
21.02.343(B) - Fast-food Restaurant
Fast-food Restaurant. A fast-food restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages to
the customer in a ready-to-consume state for consumption either within the
restaurant building or for carry-out with consumption off the premises,
and whose design or principal method of operation includes both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
B.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facilities
on the premises outside the restaurant building is allowed,
encouraged, or permitted.
21.02.343(C) - Standard Restaurant
Standard Restaurant. A standard restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages
to the customer in a ready-to-consume state, and whose design or principal
method of operation includes one or both of the following characteristics:
A.
Customers, normally provided with an individual menu, are
served their foods, frozen desserts, or beverages on tableware
by a restaurant employee at the same table or counter at which
said items are consumed.
B.
A cafeteria-type operation where foods, frozen desserts, or
beverages generally are consumed within the restaurant building.
"
HHIBIT A
,)age 2 of 2
21.24.030
USES PERMITTED WITH USE PERMITS
drive-in restaurants (subject to provisions of Section 21.36)
( 12)
(13)
(14)
fast-food restaurants
Other uses which are determined by the Planning
Commission to be compatible with the commercial
character of the district.
11
~
Fast-Food
Restaurants
~
Staff Report on Fast-Food Restaurants
Mr. Kee reported that staff is recommending that a public hearing be held
on June6, 1978 to consider text amendments to the definitions of Drive-in
Restaurants, Fast-Food Restaurants, and Standard Restaurants.
Chairman Pack wanted to know if "Delicatessens" might a1so be defined.
RESOLUTION NO. 1692
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AYES: Convnissioners:
NOES: Convnissioners:
ABSENT: Commissioners:
Commissioner Vierhus moved that the Planning
Commission adopt Resolution No. 1692 setting
June 6, 1978 at 7:30 p.m. as the time and place for
a public hearing to consider text amendments to
definitions of Drive-In Restaurants, Fast-Food
Restaurants, and Standard Restaurants, as defined
in Sections 21.02.343(A), 21.02.343(B), 21.02.343(C),
21.24,030 in the Campbell Municipal Code, seconded
by Commissioner Samuelson, and unanimously adopted
by the following roll call vote:
Hebard, Campos, Dickson, Samuelson, Vierhus, Pack
None
None
At this time Mr. Kee invited any comments from the Commission that they might
have between now and the public hearing date.
*
*
*
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RESOLUTION NO. 1692
PLANNING COMMISSION
CITY OF CAMPBELL, CALIFORNIA
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL SETTING THE DATE OF A PUBLIC HEARING
TO CONSIDER POSSIBLE TEXT AMENDMENTS TO DEFINITIONS OF
IIDRIVE-IN RESTAURANTS, FAST-FOOD RESTAURANTS, AND
STANDARD RESTAURANTS" AS DEFINED IN SECTIONS 21.02.343(A),
21.02.343(B), 21.02.343(C), AND 21.24.030 IN THE CAMPBELL
MUNICIPAL CODE.
The P1anning Commission of the City of Campbe11 does hereby
set the hour of 7:30 p.m. on Tuesday, June 6, 1978 in the Council
Chambers of the City Hall, 75 North Central Avenue, Campbe11,
California as the time and place for public hearing to consider
possible text amendments to definitions of IIDrive-ln Restaurants,
Fast-Food Restaurants, and Standard Restaurantsll as defined in
Sections 21.02.343(A), 21.02.343(B), 21.02.343(C), and 21.24.030 in
the Campbe11 Municipal Code.
The Planning Commission of the City of Campbell hereby authorizes
the Secretary of the P1anning Commission to publish notice of hearing
on this matter, in the manner prescribed by 1aw.
PASSED AND ADOPTED this 2nd day of May 1978, by the following
roll call vote:
AYES: Commissioners: Hebard, Campos, Dickson, Samuelson,
Vierhus, Pack
NOES: Commissioners: None
ABSENT: Commissioners: None
'---
APPROVED:
Margaret M. Pack
Chairman
ATTEST:
Arthur A. Kee
Secretary
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I TEM NO.1 0
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STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF MAY 2, 1978
Fast Food
Restaurants
Staff report on fast-food restaurants.
STAFF RECOMMENDATION
If the need seems
as the time for a
DEFINITIONS:
21.02.343
justified, that the Planning Commission set June 6, 1978
public hearing to consider the following text amendments:
Drive-in Restaurant
Drive-In Restaurant. A drive-in restaurant is any establishment whose
principal business is the sa1e of foods, frozen desserts, or beverages to
the customer in a ready-to-consume state, and whose design, method of
operation, or any portion of whose business includes one or both of the
following characteristecs:
A.
Foods, frozen desserts, or beverages are served direct1y
to the customer in a motor vehicle either by a carhop or
by other means which el iminate the need for the customer
to exit the motor vehicle.
B.
The consumption of foods, frozen desserts, or beverages
within a motor vehicle parked upon the premises, or at
other facilities on the premises outside the restaurant
building, is allowed, encouraged, or permitted.
21. 02. 344
Fast Food Restaurant
Fast-Food Restaurant. A fast-food restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages to
the customer in a ready-to-consume state for consumption either within the
restaurant building or for carry-out with consumption off the premises,
and whose design or principal method of operation includes both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
B.
The consumption of foods, frozen desserts, or beverages
within a motor vehicle parked upon the premises, or at
other facilities on the premises outside the restaurant
building is allowed, encouraged, or permitted.
21.02.035
Standard Restaurant
Standard Restaurant. A standard restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages to
the customer in a ready-to-consume state, and whose design or principal
method of operation includes one or both of the following characteristics:
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STAFF COMMENT SHEE,8
Fast Food Restaural...s
Page 2
fa
A.
Customers, normally provided with an individual menu, are
served their foods, frozen desserts, or beverages on tableware
by a restaurant employee at the same table or counter at which
said items are consumed.
B.
A cafeteria-type operation where foods, frozen desserts, or
beverages generally are consumed within the restaurant building.
USES PERMITTED WITH USE PERMITS
21.24.030 (12)
(13)
drive-in restaurants (subject to provisions of Section 21.36)
fast-food restaurants
STAFF DISCUSSION
The Planning Commission has expressed some concern with regard to the
increasing number of fast-food restaurants in the city. Staff is of the
opinion that the terms restaurants, fast-food restaurants and drive-in
restaurants should be defined and restaurants should be allowed in C-I,
C-2, and C-3 Zoning Districts, fast-food and drive-in restaurants should
be allowed in C-2 and C-3 Zoning Districts with a use permit.
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DEFINITIONS:
EXHIBIT A
Page 1 of 2
21.02.343(A) - Drive-in Restaurant
Drive-in Restaurant. A drive-in restaurant is any establ ishment whose
principal business is the sale of foods, frozen desserts, or beverages
to the customer in a ready-to-consume state, and whose design, method of
operation, or any portion of whose business includes one or both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are served directly
to the customer in a motor vehicle either by a carhop or
by other means which eliminates the need for the customer
to exit the motor vehicle.
B.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facilities
on the premises outside the restaurant building, is allowed,
encouraged, or permitted.
21.02.343(B) - Fast-food Restaurant
Fast-food Restaurant. A fast-food restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages to
the customer in a ready-to-consume state for consumption either within the
restaurant building or for carry-out with consumption off the premises,
and whose design or principal method of operation includes both of the
following characteristics:
A.
Foods, frozen desserts, or beverages are usually served in edible
containers or in paper, plastic, or other disposable containers.
B.
The consumption of foods, frozen desserts, or beverages within
a motor vehicle parked upon the premises, or at other facilities
on the premises outside the restaurant building is allowed,
encouraged, or permitted.
21.02.343(C) - Standard Restaurant
Standard Restaurant. A standard restaurant is any establishment whose
principal business is the sale of foods, frozen desserts, or beverages
to the customer in a ready-to-consume state, and whose design or principal
method of operation includes one or both of the following characteristics:
A.
Customers, normally provided with an individual menu, are
served their foods, frozen desserts, or beverages on tableware
by a restaurant employee at the same table or counter at which
said items are consumed.
B.
A cafeteria-type operation where foods, frozen desserts, or
beverages generally are consumed within the restaurant building.
EXH I B IT A
Page 2 of 2
21.24.030
USES PERMITTED WITH USE PERMITS
( 12)
(13)
(14)
drive-in restaurants (subject to provisions of Section 21.36)
fast-food restaurants
Other uses which are determined by the Planning
Commission to be compatible with the commercial
character of the district.