Chapt 21.66-Late Hours (2001)SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no Special Presentations and Proclamations.
COMMI~.INICATIONS AND PETITIONS
There were no Communications and Petitions.
CONSENT CALENDAR
Mayor Dean asked if any Councilmember or anyone in the audience wished to remove an item
from the Consent Calendar.
The Consent Calendar was considered as follows:
1. Minutes of Regular Meeting of March 20, 2001
This action approves the Minutes of the Regular Meeting of March 20, 2001.
2. Payment of Bills and Claims
This action approves the list of Bills and Claims for payment covering the period of
March 9, 2001 through March 23, 2001, in the amount of $1,097,399.27.
Ordinance 2001 Extending a Development Moratorium in the residential area of
North Harrison Avenue and Central Avenue between Hamilton Avenue and Grant
Street (Second Reading/Roll Call Vote)
Second reading of Ordinance 2001 extends a development moratorium in the residential
area of North Harrison Avenue and Central Avenue between Hamilton Avenue and
Grant Street.
Ordinance 2002 Approving a Tex~ Amendment (PLN2001-177) to require uses that
are non-conforming due to their late-night operations to come into compliance with
all applicable regulations of Chapter 21.66 of the Zoning Code (Second
Reading/Roll Call Vote)
Second reading of Ordinance 2002 approves a Text Amendment (PLN 2001-177) to
require uses that are non-conforming due to their late-night operations to come into
compliance with all applicable regulations of Chapter 21.66 of the Zoning Code.
5. Monthly Investment Report - February 2001
This action is to note and file the Monthly Investment Report for February 2001.
Minutes of 4/3/01 City Council Meeting 2
18.
Community Development Director Fierro - Staff Report dated March 20, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Dean closed the public hearing.
M/S: Watson/Kennedy - that the City Council introduce Ordinance 2001
extending a Development Moratorium in the residential area of North Harrison
Avenue and Central Avenue between Hamilton and Grant Street for first reading.
Motion adopted by the following roll call vote:
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
The City Clerk read the title of Ordinance No. 2001.
M/S: Burr/Watson - that further reading of Ordinance No. 2001 be waived.
Motion adopted unanimously.
City-initiated application for approval of a Text Amendment (PLN2001-177) to
require uses that are non-conforming due to their late-night operations to come
into compliance with all applicable regulations of Chapter 21.66 of the Zoning
Code (Introduction of Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider a City-initiated application
for approval of a Text Amendment (PLN2001-177) to require uses that are non-
conforming due to their late-night operations to come into compliance with all
applicable regulations of Chapter 21.66 of the Zoning Code.
Community Development Director Fierro - Staff Report dated March 20, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Dean closed the public hearing.
M/S: Watson/Kennedy - that the City Council introduce Ordinance 2002
approving a Text Amendment requiring uses that are non-conforming due to their
late-night operations to come into compliance with all applicable regulations of
Chapter 21.66 of the Zoning Code for first reading. Motion adopted by the
following roll call vote:
Minutes of March 20, 2001 City Council Meeting 5
19.
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson, Dean
NOES: Councilmembers: None
The City Clerk read the title of Ordinance No. 2002.
M/S: Furtado/Burr - that further reading of Ordinance No. 2002 be waived.
Motion adopted unanimously.
Appeals of Planning Commission Decision Approving Modification (PLN2000-159)
to a previously approved Conditional Use Permit to allow the installation of new
playground equipment in conjunction with a school on property located at 531 W.
Rincon Avenue in a PF (Public Facilities) Zoning District (Cont'd. 1/2/01)
(Resolution/Roll Call Vote)
This is the time and place for a continued public hearing to consider Appeals of
Planning Commission Decision Approving Modification (PLN2000-159) to a
previously approved Conditional Use Permit to allow the installation of new playground
equipment in conjunction with a school on property located at 531 W. Rincon Avenue
in a PF (Public Facilities) Zoning District
Planner I Bascom - Staff Report dated March 20, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
Jim Baumgartner, Principal of West Valley Seventh Adventist Day School, appeared
before the City Council and stated that the school is willing to remove the blue slide to
reduce the noise.
Susan J. Hubbard, 571 W. Rincon Avenue, Campbell, appeared before the City
Council and stated she would support the recommendation to remove the blue slide
which she believes will address the noise and visual impacts.
Robert Piiranen, 569 W. Rincon Avenue, Campbell, appeared before the City Council
and stated he would support the removal of the blue slide as an initial step to abate the
problem, but would consider other remedies if the noise problem is not abated to his
satisfaction.
There being no one else wishing to speak, Mayor Dean closed the public hearing.
City Council Discussion:
The City Council discussed the pros and cons of the options as recommended by the
Planning Commission and staff. An additional recommendation was made to relocate
the blue slide and steps to the north side of the hexagon landing rather than removing
Minutes of March 20, 2001 City Council Meeting 6
To.'
From:
Date:
Subject:
MEMORANDUM
Kristi Bascom
msley
City Clerk
April 5, 2001
RECEIVED
CITY OF
PLANNING DEPT,
Text Amendment (PLN 2001-177) to require uses that are non-
conforming due to their late-night operations to come into compliance
with all applicable regulations of Chapter 21.66 of the Zoning Code
At the regular meeting of April 3, 2001, the City Council gave second reading to
Ordinance No. 2002 amending Chapter 21.66 of the Zoning Code to require uses that
are non-conforming due to their late night operations come into compliance with all
applicable regulations. File No. PLN 2000-177(TA). A certified copy of this
Ordinance is attached for your records.
Please be aware that Ordinance No. 2002 becomes effective 30 days after the date of
second reading
Ordinance 2002 will be published in the Campbell Express dated April 11, 2001, and
has been forwarded to Book Publishing for codification.
ORDINANCE NO. 2002
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 21.66 OF THE ZONING CODE
TO REQUIRE USES THAT ARE NON-CONFORMING DUE TO THEIR
LATE NIGHT OPERATIONS COME INTO COMPLIANCE WITH ALL
APPLICABLE REGULATIONS. FILE NO. PLN2000-177 (TA)
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2000-177 (TA):
Recognizing the importance of evaluating proposals for late night uses on a
discretionary basis with regards to neighboring land uses, nature of the late night use,
and hours of operation, the City of Campbell requires an approved Conditional Use
Permit for uses that occur between 11:00 p.m. and 6:00 a.m. in a Commercial Zoning
District.
°
Late night uses that were in operation before the adoption of this requirement are
considered legal non-conforming uses and have been allowed to continue as a "grand
fathered" use.
o
The proposed amendment allows uses that are non-conforming due to their late night
operations to continue to operate with their existing hours for twenty-four months
from the date of the ordinance. After that time, in order to continue the late night
operation, the use must have an approved Conditional Use Permit.
The courts have recognized the right of cities to adopt reasonable amortization
periods for phasing out non-conforming uses, where the period is sufficiently long to
allow the property owner to amortize out his investment in the use.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
The proposed text amendment is consistent with the intent and purposes of the
Zoning Ordinance, which is to encourage the most appropriate use of land throughout
the city; to stabilize and conserve the value of property; to provide adequate light, air
and reasonable access; to secure safety from fire and other dangers; to prevent
overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provision for transportation, water, sewerage, schools, parks and other
public health, safety, peace, morals, comfort, and welfare, all in accordance with a
comprehensive zoning code and general plan; and
The proposed text amendment is consistent with the intent and purposes of Chapter
21.66 of the Campbell Municipal Code on Non-Conforming Uses; and
City Council Ordinance
PLN2000-177 (TA) - Non-conforming late night operations (Chapter 21.66)
Page 2
o
The proposed text amendment is consistent with the development policies and
objectives of the General Plan by phasing out uses that are non-conforming due to
their late night hours and/or requiring such uses to apply for a Conditional Use Permit
to continue their operations.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the following language be added to Section 21.66.020 of the
Campbell Municipal Code:
Do
Any use, which is non-conforming with regard to its hours o.f operation, shall
come into compliance with all applicable regulations o.f this Chapter within
twenty-four months o. f the later o.f:
1. The e.[fective date of the ordinance adopting this provision; or
2. The date that the use became non-conforming.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and adoption
in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of
Santa Clara.
PASSED AND ADOPTED this 3rd day of April
vote:
,2001, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
ATTEST ·
APPROVED:
, / ,/
Anne Bybee, City/Clerk
M/hew Dean, Mayor
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
Public Hearing/Introduction of Ordinance
March 20, 2001
TITLE:
Text amendment (PLN2000-177) to require uses that are non-conforming due to
their late-night operations to come into compliance with all applicable regulations
of Chapter 21.66 of the Zoning Code.
CITY COUNCIL ACTION
The City Council may take one of the following actions:
1. Adopt an ordinance at the recommendation of the Planning Commission requiring uses that are
non-conforming due to their late-night operations to come into compliance with all applicable
regulations of Chapter 21.66 of the Zoning Code.
2. Do not adopt an ordinance requiring uses that are non-conforming due to their late-night
operations to come into compliance with all applicable regulations of Chapter 21.66 of the Zoning
Code.
3. Continue the item for additional information or refer the matter back to the Planning Commission.
BACKGROUND
The City of Campbell has received complaints from neighbors concemed about businesses that are
open until late in the night. Research into the complaints revealed that some businesses are open until
midnight or later without a Conditional Use Permit, but have been maintaining these hours since before
the requirement for one was established.
In 1993, the City amended the C-1 (Neighborhood Commercial) Zoning Ordinance to state that any
uses which occur between 11:00 p.m. and 6:00 a.m. require the approval of a Conditional Use Permit.
These restrictions apply to properties zoned C-2 (General Commercial) and C-3 (Central Business
District) as well. Prior to this time, operating hours were not restricted. Businesses that were open
later than 11:00 p.m. prior to the adoption of the text amendment were "grand fathered" in, meaning
that they could continue, but not extend, their late-night hours.
The City does not have an accurate count of how many businesses there are in Campbell that operate
past 11:00 p.m. on a "grand fathered" basis. The current language in Section Chapter 21.66 of the
Zoning Code does not make any reference to phasing-out legal non-conforming uses due to their late-
night operations. However, it is in the best interests of the City to require these uses to apply for a
Conditional Use Permit in order to review and legitimize their late-night uses, taking into consideration
their location, type of use, potential impacts on surrounding properties, and compatibility with the
neighboring area.
Planning Commission Meeting:
On February 27, 2001, the Planning Commission heard a City-initiated application for approval of a
text amendment (PLN2000-177) to require uses that are non-conforming due to their late-night
operations to come into compliance with all applicable regulations of Chapter 21.66 of the Zoning
City Council Report - March 20,
Text Amendment Regarding Non-Conforming Late Night Uses
Page 2
Code. ARer heating comments from the public, the Planning Commission adopted Resolution No.
3326, approving the following language to be added to Section 21.66.020 of the Campbell Municipal
Code in the Chapter on Nonconforming Uses:
21.66.020 Continuation and change of use
A. The nonconforming use of a building or structure, lawfully established prior to the enactment of
rezoning, reclassification, or change of regulations, may be continued only in conformity with the
provisions of this chapter.
B. The nonconforming use of a building or structure may be changed to a use of the same or more restricted
classification (as determined by the planning director); but, where the nonconforming use of a building
or structure is changed to a use of a lesser intensity, it shall not thereafter be changed to a use of greater
intensity.
C. Whenever a nonconforming use has been abandoned or discontinued for a continuous period of one year,
the nonconforming use shall not be re-established; and, the use of the structure and site thereafter shall
comply with the regulations for the district in which it is located.
D. Any use which is non-conforming with regard to its hours of operation shall come into compliance
with all applicable regulations of this Chapter within twenty-four months of the later of:
1. The effective date of the ordinance adopting this provision; or
2. The date that the use became non-conforming.
The Planning Commission discussed the possibility of changing the twenty-four month time frame to
twelve months, but no action was taken to that effect. The addition of the above language to the
Zoning Ordinance will allow the City discretion in reviewing the operating hours and impacts of all
businesses operating in the late-night hours.
FISCAL IMPACTS
There are no fiscal impacts associated with this action
ALTERNATIVES
1. Adopt an ordinance requiring uses that are non-conforming due to their late-night operations to
come into compliance with all applicable regulations of Chapter 21.66 of the Zoning Code.
2. Do not adopt an ordinance requiring uses that are non-conforming due to their late-night operations
to come into compliance with all applicable regulations of Chapter 21.66 of the Zoning Code. This
would leave the language of Section 21.66.020 unchanged.
3. Continue the item for additional information or refer the matter back to the Planning Commission.
Referring the matter to the Planning Commission with direction would require the Commission to
revisit the issue and forward a different resolution than the one already presented to the Council.
Attachments:
1. City Council Ordinance amending the text of Chapter 21.66 of the Campbell Municipal Code
2. Planning Commission Resolution 3326
City Council Report - March 20, 20(.
Text Amendment Regarding Non-Conforming Late Night Uses
Page 3
Prepared by:
Reviewed by:
Kristi Bascom, Planner I
i/
Sharon Fierro, Community Development Director
Approved by:
Bemard M. Strojny, City Manager
RESOLUTION NO. 3326
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO
CHAPTER 21.66 OF THE ZONING CODE TO REQUIRE USES THAT ARE NON-
CONFORMING DUE TO THEIR LATE NIGHT OPERATIONS COME INTO
COMPLIANCE WITH ALL APPLICABLE REGULATIONS. FILE NO. PLN2000-177
(TA)
After notification and public hearing, as specified by law, and after presentation by the Community Development
Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows with respect to
application PLN2000-177 (TA):
Recognizing the importance of evaluating proposals for late night uses on a discretionary basis with regards
to neighboring land uses, nature of the late night use, and hours of operation, the City of Campbell requires
an approved Conditional Use Permit for uses that occur between 11:00 p.m. and 6:00 a.m. in a Commercial
Zoning District.
2. Late night uses that were in operation before the adoption of this requirement are considered legal non-
conforming uses and have been allowed to continue as a "grand fathered" use.
o
The proposed amendment allows uses that are non-conforming due to their late night operations to continue
to operate with their existing hours for twenty-four months from the date of the ordinance. After that time, in
order to continue the late night operation, the use must have an approved Conditional Use Permit.
The courts have recognized the right of cities to adopt reasonable amortization periods for phasing out non-
conforming uses, where the period is sufficiently long to allow the property owner to amortize out his
investment in the use.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
The proposed text amendment is consistent with the intent and purposes of the Zoning Ordinance, which is to
encourage the most appropriate use of land throughout the city; to stabilize and conserve the value of
property; to provide adequate light, air and reasonable access; to secure safety from fire and other dangers; to
prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provision for transportation, water, sewerage, schools, parks and other public health, safety, peace, morals,
comfort, and welfare, all in accordance with a comprehensive zoning code and general plan; and
2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.66 of the Campbell
Municipal Code on Non-Conforming Uses; and
The proposed text amendment is consistent with the development policies and objectives of the General Plan
by phasing out uses that are non-conforming due to their late night hours and/or requiring such uses to apply
for a Conditional Use Permit to continue their operations.
Planning Commission Resolution No. 3326
PLN2000-177 (TA) - Non-conforming late night operations (Chapter 21.66)
Page 2
The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting
the necessary legislation to make the proposed text amendment effective.
PASSED AND ADOPTED this 27th day of February, 2001, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hemandez, Jones, Lindstrom and Lowe
NOES: Commissioners:: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners:' None
APPROVED:
Mel Lindstrom, Chair
ATTEST ·
Sharon Fierro, Secretary
Exhibit # 1
Recommended Amendment:
It is recommended that the following language be added to Section 21.66.020 of the Campbell Municipal Code in
the Chapter on Nonconforming Uses and section on Continuation and Change of Use:
Anv use which is non-conforming with regard to its hours of operation shall come into compliance with
all applicable regulations of this Chapter within twentF-four months of the later of:
1. The effective date of the ordinance adopting this provision; or
2. The date that the use became non-conforming.
Note: .4dded language is in italics
Item No. 3
STAFF REPORT - PLANNING COMMISSION MEETING OF
February 27, 2001
PLN2000-177
City-initiated
Text Amendment
Public hearing to consider a city-initiated application for approval of a
text amendment (PLN2000-177) to require uses that are non-
conforming due to their late-night operations to come into compliance
with all applicable regulations of Chapter 21.66 of the Zoning Code.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, recommending approval of a
text amendment requiring uses that are non-conforming due to their late-night operations
come into compliance with all applicable regulations of Chapter 21.66 of the Zoning
Code on Nonconforming Uses within twenty-four months.
ENVIRONMENTAL DETERMINATION
The modifications are Categorically Exempt from the California Environmental Quality Act
(CEQA) under Section 15301.
DISCUSSION
Background: The City of Campbell has recently received complaints from neighbors concerned
about businesses in their area that are open until late in the night. Research into the complaints
has revealed that some businesses are open until midnight or later without a Conditional Use
Permit, but they have been maintaining these hours since before the requirement for one was
established.
In 1993, the City amended the C-1 (Neighborhood Commercial) Zoning Ordinance to state that
any uses which occur between 11:00 p.m. and 6:00 a.m. require the approval of a Conditional
Use Permit. These restrictions apply to properties zoned C-2 (General Commercial) and C-3
(Central Business District) as well. Prior to this time, operating hours were not restricted.
Businesses that were open later than 11:00 p.m. prior to the adoption of the text amendment were
"grand fathered" in, meaning that they could continue, but not extend, their late-night hours.
ANALYSIS
The City does not have an accurate count of how many businesses there are in Campbell that
operate past 11:00 p.m. on a "grand fathered" basis. The current language in Section Chapter
21.66 of the Zoning Code does not make any reference to phasing-out legal non-conforming uses
Staff Report - Planning Commission Meeting of February 27, 2001
PLN2000-177 - Text Amendment
Page 2 of 2
due to their late-night operations. However, it is in the best interests of the City to require these
uses to apply for a Conditional Use Permit in order to review and legitimize their late-night uses,
taking into consideration their location, type of use, impacts on surrounding properties, and
compatibility with the neighboring area.
It is recommended that the following language be added to Section 21.66.020 of the Campbell
Municipal Code in the Chapter on Nonconforming Uses and the section on Continuation and
Change of Use:
21.66.020 Continuation and change of use
A. The nonconforming use of a building or structure, lawfully established prior to the enactment
of rezoning, reclassification, or change of regulations, may be continued only in conformity
with the provisions of this chapter.
B. The nonconforming use of a building or structure may be changed to a use of the same or
more restricted classification (as determined by the planning director); but, where the
nonconforming use of a building or structure is changed to a use of a lesser intensity, it shall
not thereafter be changed to a use of greater intensity.
C. Whenever a nonconforming use has been abandoned or discontinued for a continuous period
of one year, the nonconforming use shall not be re-established; and, the use of the structure
and site thereafter shall comply with the regulations for the district in which it is located.
D. Anv use which is non-conforming with regard to its hours of operation shall come into
compliance with all applicable regulations of this Chapter within twentF-four months of
the later o[:
1. The effective date of the ordinance adopting this provision; or
Z The date that the use became non-conformin~.
The addition of this language to the Zoning Ordinance will allow the City discretion in reviewing
the operating hours and impacts of all businesses operating in the late-night hours.
Attachments:
1. Findings and Recommended Language
2. Chapter 21.66 of the Campbell Municipal Code
Prepared by:
Approved by:
KristilBascom, Planner I
Ge;fi[ Bi{tdley, Senior Planner /
Attachment 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2000-177
APPLICANT: City Initiated
P.C. MEETING: Feruary 27, 2001
The Planning Commission finds as follows with regard to File No. PLN2000-177:
1. Recognizing the importance of evaluating proposals for late night uses on a discretionary
basis with regards to neighboring land uses, nature of the late night use, and hours of
operation, the City of Campbell requires an approved Conditional Use Permit for uses that
occur between 11:00 p.m. and 6:00 a.m. in a Commercial Zoning District.
2. Late night uses that were in operation before the adoption of this requirement are considered
legal non-conforming uses and have been allowed to continue as a "grand fathered" use.
3. The proposed amendment allows uses that are non-conforming due to their late night
operations to continue to operate with their existing hours for twenty-four months from the
date of the ordinance. After that time, in order to continue the late night operation, the use
must have an approved Conditional Use Permit.
4. The courts have recognized the right of cities to adopt reasonable amortization periods for
phasing out non-conforming uses, where the period is sufficiently long to allow the property
owner to amortize out his investment in the use.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed text amendment is consistent with the intent and purposes of the Zoning
Ordinance, which is to encourage the most appropriate use of land throughout the city; to
stabilize and conserve the value of property; to provide adequate light, air and reasonable
access; to secure safety from fire and other dangers; to prevent overcrowding of land; to
avoid undue concentration of population; to facilitate the adequate provision for
transportation, water, sewerage, schools, parks and other public health, safety, peace, morals,
comfort, and welfare, all in accordance with a comprehensive zoning code and general plan;
and
2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.66 of
the Campbell Municipal Code on Non-Conforming Uses; and
3. The proposed text amendment is consistent with the development policies and objectives of
the General Plan by phasing out uses that are non-conforming due to their late night hours
and/or requiring such uses to apply for a Conditional Use Permit to continue their operations.
Recommended Amendment:
It is recommended that the following language be added to Section 21.66.020 of the Campbell
Municipal Code in the Chapter on Nonconforming Uses and section on Continuation and Change
of Use:
Findings for Approval of PLN2000-177
Page 2 of 2
D. ~ln}~ use which is non-conforming with regard to its hours of operation shall come into
compliance with all applicable regulations of this Chapter within twentF-four months of
the later o[:
1. The effective date of the ordinance adopting this provision; or
2. The date that the use became non-conforming.
Attachment 2
Chapter 21.66
NONCONFORMING USES
Sections:
21.66.010
21.66.020
21.66.030
21.66.040
21.66.050
Purpose.
Continuation and change of use.
Expansion prohibited.
Nonconforming use of land.
Nonconformance due to reclassification.
21.66.010 Purpose.
This chapter is intended to limit the number and extent of nonconforming uses by prohibiting
expansion, enlargement, or intensification, by prohibiting reestablishment after abandonment, by
prohibiting the alteration of the structures they occupy, and by prohibiting restoration after
destruction. (Ord. 1617 §I(part), 1986).
21.66.020 Continuation and change of use.
A. The nonconforming use of a building or structure, lawfully established prior to the enactment
of rezoning, reclassification, or change of regulations, may be continued only in conformity
with the provisions of this chapter.
B. The nonconforming use of a building or structure may be changed to a use of the same or
more restricted classification (as determined by the planning director); but, where the
nonconforming use of a building or structure is changed to a use of a lesser intensity, it shall
not thereafter be changed to a use of greater intensity.
C. Whenever a nonconforming use has been abandoned or discontinued for a continuous period
of one year, the nonconforming use shall not be re-established; and, the use of the structure
and site thereafter shall comply with the regulations for the district in which it is located.
D. Any use which is non-conforming with regard to its hours of operation shall come into
compliance with all applicable regulations of this Chapter within twentF-four months of
the later o[:
1. The effective date of the ordinance adopting this provision; or
2. The date that the use became non-conforming.
21.66.030 Expansion prohibited.
A nonconforming use of a building or structure shall not be expanded or extended into any other
portion of the building or structure. (Ord. 1617 § 1 (part), 1986).
21.66.040 Nonconforming use of land.
The nonconforming use of land (where no main building is involved) lawfully established prior
to the exactment of zoning, rezoning, reclassification, or change of regulations, may be continued
for a period of not more than five years from when it became nonconforming, provided:
A. That no such nonconforming use of land shall in any way be expanded or extended either on
the same or adjoining property.
Chapter 21.66 - Non-Conforming Uses
Page 2 of 2
B. That such nonconforming use of land may be changed to a use of the same or lesser intensity
(as determined by the planning director) but where the nonconforming use of land is changed
to a use of lesser intensity it shall not thereafter be changed to a use of greater intensity.
C. Whenever a nonconforming use of land has been abandoned or discontinued for a continuous
period of one year, the nonconforming use shall not be re-established, and the site thereafter
shall comply with the regulations for the district in which it is located. (Ord. 1617 §l(part),
1986).
21.66.050 Nonconformance due to reclassification.
The foregoing provisions of this title shall also apply to buildings, structures, land or uses which
thereafter become nonconforming due to any reclassification of districts under this chapter or any
subsequent change in the regulations of this chapter; provided, however, that where a period of
years is specified in this section for the removal of nonconforming buildings, structures, or uses,
the period shall be computed from the date of such reclassification or change. (Ord. 1617
SI(part), 1986).
NOTICE OF PUBLIC HEARING AND REVIEW
Notice is hereby given that the Planning Commission of the City of Campbell has set the hour of
7:30 p.m., or shortly thereafter, on Tuesday, February 27, 2001, in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the
following proposed projects:
Public Hearing to consider the application of Mr. Gene Haun for approval of a Conditional
Use Permit (PLN2001-05) to allow conversion of an existing accessory building into a
second single family residence on property located at 1071 El Solyo Avenue in an R-l-6
(Single Family Residential) Zoning District. This project is Categorically Exempt.
Public Hearing to consider the City-initiated application for approval of a Text Amendment
(PLN2001-07) to amend Sections 21.80.020, and 21.80.030 of the Campbell Municipal Code
to require the payment of an application filing fee for appeals. This Project is Categorically
Exempt.
o
Public Hearing to consider the City-initiated application for approval of a Text Amendment
(PLN2000-177) to require uses that are non-conforming due to their late-night operations to
come into compliance with all applicable regulations of Chapter 21.66 of the Zoning Code.
This Project is Categorically Exempt.
Plans, elevations, assessments, and other supporting documentation are on file and available for
public review in the Planning Office, 70 N. First Street, Campbell, California. Interested persons
may attend this meeting and/or provide written comments on these projects that may be
submitted before that date.
Please be advised that if you challenge the nature of the above project in court, you may be
limited to raising only those issues you or someone else raised at the Public Hearing described in
this notice, or in written correspondence delivered to the City of Campbell Planning Commission
prior to the Public Heating. Questions may be addressed to the Planning Department at (408)
866-2140.
In compliance with the Americans with Disabilities Act, listening devices are available for all
meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at 866-2140, at least one week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
Publish one time:
Wednesday, February 7, 2001
City Logo
ITEM No. 4
STAFF REPORT - PLANNING COMMISSION MEETING OF
January 23, 2001
PLN2000-177
City-initiated
Text Amendment
Public heating to consider a city-initiated application for approval of a
text amendment (PLN2000-177) to require uses that are non-
conforming due to their late-night operations come into compliance
with all applicable regulations of Chapter 21.66 of the Zoning Code.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Grant a Continuance of PLN2000-177 to February 27, 2001.
CURRENT STATUS
This item was inadvertently noticed in the Campbell Express with an incorrect date. The paper
was published on January 10, 2001 with a Planning Commission heating date of January 9, 2001.
The date should have read January 23, 2001. Because this item is not the result of an application
with a specific address, 300-foot notice to surrounding property owners was not mailed. The
notice in the Campbell Express serves as the only published notification of the item, and being
that it was inaccurate, the noticing must be redone and the item scheduled for a later meeting.
Prepared by:
Approved by:
Kristi co~m, Planner I'~n~"~
~eof~I. B~radley, Senior ~anner
Memorandum
· O.~cH ~9.0 °
Community Development Department
Date: November 30, 2000
To: Planners
From: Melinda Denis,
Planning Intern
Re: Late Night Establishments
The attached study contains all of the Late Night Establishments in Campbell. Late hour
establishments (open after 11:00pm), liquor establishments and establishments with live
entertainment are listed.
Any comments and suggestions are greatly appreciated.
~E
· O,~cH A~-0 °
Notice to Campbell Businesses
You may recall that in December 2001 the City sent a notice to Campbell Businesses informing
them that on April 3, 2001 the City Council adopted an ordinance aimed at curbing non-permitted
late night uses. This is a reminder that the twenty-four month grace period is fast approaching and
that any business operating with non-permitted late night uses needs to either be scaled back to
allowable hours of operation or apply for a Use Permit.
For businesses in any of the City's Commercial Zoning Districts, a Use Permit is required if your
business operates in the late night hours: after 11:00 p.m. or before 6:00 a.m. Many of the City's
businesses that operate beyond 11:00 p.m. - bars, restaurants, billiards, etc. - have approved Use
Permits.
However, prior to 1993, a Use Permit for late night hours was not required and some Campbell
businesses were "grand fathered" in, meaning that they could continue, but not extend, their late-
night hours without any special permits. The only businesses that the grandfather clause applies
to are those that are legal, have been complying with all Municipal Code requirements and have
been operating continuously since 1993.
For these grand fathered businesses, the new ordinance requires that they now obtain a Use
Permit for late night operations. The new ordinance provided for a "grace period" of twenty-four
(24) months so that by May 3, 2003, late-night businesses need to do one of two things:
Scale back the late night hours so that the business is not open between
11:00 p.m. and 6:00 a.m.; or
Apply for a Use Permit to be open during these hours.
The purpose of requiring a Use Permit for late-night uses is so that the City and the community has
the opportunity to review late-night hours with consideration to the business location, type of use,
impacts on surrounding properties and compatibility with the neighboring area. All of these issues
will be taken into account by City Staff and the Planning Commission, the body who makes
decisions on all Use Permit applications.
If you would like a copy of the full text of the City of Campbell Ordinance No. 2002 or if you have
any questions regarding its impact on your business, please call the Campbell Planning Division at
(408) 866-2140.
70 North First Street, Campbell, CA 95008
www.cityofcampbell.com
Distributed 2/28/03
Notice to Campbell Businesses
On April 3, 2001 the Campbell City Council adopted an ordinance aimed at curbing non-permitted
late night uses. For businesses in any of the City's Commercial Zoning Districts, a Use Permit is
required if your business operates in the late night hours: after 11:00 p.m. or before 6:00 a.m.
Many of the City's businesses that operate beyond 11:00 p.m. - bars, restaurants, billiards, etc. -
have approved Use Permits.
However, prior to 1993, a Use Permit for late night hours was not required and some Campbell
businesses were "grand fathered" in, meaning that they could continue, but not extend, their late-
night hours without any special permits. The only businesses that the grandfather clause applies
to are those that are legal, have been complying with all Municipal Code requirements, and have
been operating continuously since 1993.
For these businesses, the new ordinance requires that they now need to have a Use Permit for late
night operations. The new ordinance provides for a "grace period" of twenty-four (24) months so
that by May 3, 2003, late-night businesses need to do one of two things:
Scale back the late night hours so that the business is not open between
11:00 p.m. and 6:00 a.m.; or
Apply for a Use Permit to be open during these hours.
The purpose of requiring a Use Permit for late-night uses is so that the City and the community has
the opportunity to review late-night hours with consideration to the businesses location, type of use,
impacts on surrounding properties, and compatibility with the neighboring area. All of these issues
will be taken into account by Staff and the Planning Commission, the body who reviews and
approves all Use Permit applications.
If you'd like a copy of the full text of City of Campbell Ordinance No. 2002 or if you have any
questions regarding its impact on your business, please call the Campbell Planning Department at
(408) 866-2140.
70 North First Street, Campbell, CA 95008
www.cityofcampbell.com
Distributed 12/6/01 J:\Reports\TEXT AMENDMENTS\Chamber Notice re late night uses.doc