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Chapt 21.02 Commer Veh (1990)CITY COUNCIL MINUTES OF APRIL 3, 1990 ADVISORY COMMISSIONS AND COMMITTEES 11. Planning Commission Referral Minute Action - authorizing a comprehensive review of the ordinance regulating commercial vehicles in residential zones as part of the Planning Department's 1990/91 work program Planning Director Piasecki - Staff Summary Report dated 4/3/90. Mayor Ashworth explained that no substantive action is being recommended regarding this matter at this time, and that the City Council would consider rescheduling the matter for a study session during the next fiscal year in order to appropriately evaluate issues as outlined in the Staff Summary Report. M/S: Burr/Watson - to place a review of the proposed ordinance regulating commercial vehicles on the 1990/91 Planning Work Program. Motion adopted unanimously. CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: April 3, 1990 Item # 11. Advisory Commissions and Committees Planning Planning Commission Referral - Consider Comprehensive Amendment of Ordinance Regulating Commercial Vehicles in Residential Zones for 1990/91 Work Program - TA 89-03 me II. III. pIJU%E~INGDEPAR~]I~ATION The Planning Commission recommends the City Council place a review of the ordinances regulating commercial vehicles on the 1990/91 Planning Work Program. BACKGROUND In January, 1990, the City Attorney introduced a "housekeeping" text amendment to define the term "Commercial Vehicle." The Campbell zoning ordinance currently prohibits commercial vehicles from being stored in a residential zone but does not include a definition of commercial vehicle. When this issue came before the Planning Commission, numerous Campbell residents raised concerns about the concept of regulating commercial vehicles. Attached are minutes and letters describing the reactions. MAJOR ISSUES A. Public - At the 2/13/90 Planning Commission meeting, approximately 60+ persons attended regarding this proposed text amendment, in response to a flyer circulated in the neighborhood. Approximately 15 persons spoke on the issue (see attached). - Many expressed opposition to regulating commercial vehicles. - Several speakers favored a weight limit, provided it would allow commercial vehicles typically driven to and from work to be stored on street or on-site during non-work hours. B. Staff - Some definition of what constitutes a commercial vehicle is necessary to enable the City to enforce the Code; however, given the level of concern raised regarding the proposed text amendment, it is appropriate to evaluate the options which may allow some flexibility for larger commercial vehicles on larger lots. Approved by Deparlment Hea __ Approved by City Manager TA 89-03 City Council Report -2- April 3, 1990 A more comprehensive review will require Staff time to survey vehicle types and sizes, and to evaluate storage criteria, such as lot size, setbacks, etc. Staff concurs with the Planning Commission recommendation to place this item on the Work Program for the 1990/91 Fiscal Year. In the meantime, Staff will continue to enforce the ordinance as it has in the past. C. Planning Commission - Commissioner Alne presented an alternative which he felt would address the issue (see attached). - The Planning Commission felt that additional study is warranted and //~' a~-~-~g~xsting that the Council place this issue on the Planning ~/~ Work Program for the 1990/91 Fiscal Year On March ~,~ 1990,~t~ Planning Commission voted 6-0-0-1 (with Commissioner x~b~Lbeing ab~s~), to withdraw the text amendment - TA 89-03 - from the Pl~__~~sion calendar and refer the matter of evaluating ordinances affecting commercial vehicles in the 1990/91 Fiscal Year. Enclosures 1. PC Minutes and Staff Reports of - 1/9/90, 2/13/90 and 3/13/90 2. Meeting Notes dated 3/2/90 3. Correspondence & Flyers 4. Newspaper Article 5. Definition presented by Commissioner Alne f:TA89-03 Planning Commission Minutes March 13, 1990 TA 89-03 Page 1 of 2 TA 89-03 City-Initiated Continued Public Hearing to consider addition to Text Amendment to the Campbell Municipal Code, Section 21.02.126, defining Commercial Vehicle. Chairperson Perrine read application into record. Director Piasecki presented Staff Report dated March 23, 1990. Commissioner Fox received clarification from Director Piasecki that by withdrawing meant Staff would work with the community and bring back their input sometime next year. Chairman Perrine opened Public Hearing. Commissioner Olszewski wanted clarification of "a more comprehensive review of the ordinance. "as noted in last paragraph on Page 1 of staff report to which Director Piasecki responded that what they interpreted that to be look at the issue of threshold, standards that could be written that would afford everyone a higher comfort level - size of lots, looks of vehicles, etc. He foresees actually going out into the community to see what the vehicles look like, what kinds of issues specifically are acceptable/offensive to residents, etc. As a result of the hearing of 2/13/90 the Commission directed Staff to meet with residents to try to determine certain issues. The issues that are being raised are well beyond the scope of ~he amendment. Commissioner Alne did not concur with the recommendation of Staff to withdraw. Mr. Seligmann advised the Commissionlshould hold the same procedures, open Public Hearing, etc. Chairperson Perrine opened Public He~Lring. Commissioner Olszewski received clari.fication from Director Piasecki as to the procedure this referral would take ut,on its being withdrawn from the Planning Commission calendar and that would b~ that the City Council would put it on their Work Program and outline to thc Planning Commission the direction of this issue, how many hours to spend on th~ir study, and look at the Ordinance more comprehensively. ~ Commissioner Alne at this time presented his concerns. 1. Current Code prohibits storage of all commercial vehicles in residential districts. Current definition uncle~ DMV defines commercial applicable to this use. Suggests Planning Commis: review. ,~hicles that can be identified - not ;ion give Council concrete wording to Planning Commission Minutes TA 89-03, Page 2 of 2 March 13, 1990 Suggests Alternate #2, previously submitted by City attorney Seligmann and change, as ifollows: a) Under Section A, add following item: "1. A vehicle displaying the name, sign or logotype of a commercial entity.'' b) Under Section B., add th~ words "or van" after the word "truck" (2 instances). Commissioner Fox did not agree as the Ordinance was unclear and changing it would cause more confusion. A better suggestion would be to take it off the calendar, get input from community, ~lanning Commission, City Council and review the entire ordinance. Logan Cartright, a Campbell resident, agreed with Commissioner Staff's recommendation. He had met with Staff and he and other Campbell residents supported taking more time to review the entire ordinance. Commissioner Perrine suggested closing Public Hearing and refer the matter to City Council. Commissioner Olszewski agreed and suggested Commissioner Alne~s Revised Alternative #2 be forwarded to the City Council together with the referral. Mr. Seligmann pointed outithat the present law would make enforcement quite difficult because ~f lack of clear definition. Mr. Peter France, a resident of Campbell amd who had not been at the Planning Commission meeting of 2/13/90 inquired as to how/why all this had come about to which Chairperson Perrine gave a qui~k review. Mr. Ron Smith, Campbell, wanted to kmow how the Staff plans to work with the community on this issue and was advised byiDirector Piasecki that all audience is invited either by filling out a slip this evening, calling or stopping by the Planning Department and will sen~ a no~ice of hearing. M/S Wilkinson, Meyer Move tO close Public Hearing on TA 89-03 carried 6-0-0-1, commissioner Christ being absent. M/S Wilkinson, Meyer Motion~to withdraw TA 89-03 and refer matter to City COuncil, and include Commissioner Alne's revised Alternative #2 for information purposes only. No discussion on motion. Roll Call Vote on Motion: AYES: NOES' ABSENT: Commissioners: Commissioners: Commissioners: Fox, Alne, Meyer, Wilkinson, Perrine, Olszewski None Christ Chairperson Perrine thanked the audience for their interest in wishing to participate in the future, and Director Piasecki informed the audience that this item would be directed to the City Council's meeting of April 3, 1990. ITEM NO. 3 STAFF REPORT - PLANNII~IG COMMISSION MR~TING OF NARCH 13, 1990 TA 89-03 City- initiated Continued Public Hearing to consider addition to Text Amendment to the Campbell Municipal Code, Section 21.02.126, defining Commercial Vehicle. STAFF RECOMMENDATION That the Planning Commission take the following action: WiTHDRAW the Text Amendment TA 89-03 from the Planning Commission calendar pending direction from the City Council. REFER the matter of the more comprehensive Ordinance review to the City Council for possible inclusion in the 1990-91 Work Program. I~CKGROU~ In January of 1990, the City Attorney initiated a "Housekeeping" text amendment to clarify the meaning of "Commercial Vehicle." On January 9, 1990, the Planning Commission directed the Staff to prepare some optional wordings which would exclude pick-up trucks from the "Commercial Vehicle" definition. On February 13, 1990 numerous persons attended the Public Hearing and spoke against the ordinance changes on the presumption that the amendments were designed to be more restrictive than the current ordinance. At the conclusion of the hearing, the Planning Commission directed Staff to review optional strategies for addressing the issues raised at the hearing. M~TING WITH RESIDENTS On March 1, 1990, Staff met with five of the individuals who spoke at the hearing (see attached meeting notes). The residents attending the meeting favored an amendment to the existing law which would establish size thresholds to permit some commercial vehicles and, potentially, a review process for larger types of trucks and/or commercial vehicles. Most in attendance agreed that an upper limit prohibition should be considered. Staff suggested that it may be appropriate to postpone action on the present text amendment and bring the question of a more comprehensive review of the ordinance to the attention of the City Council. The residents who attended the meeting agreed to assist in defining vehicle sizes and reviewing standards for number, lot size, location on site, etc. Staff Report for TA 89-03 -2- March 13, 1990 SL~4ARY RECOMMENDATION In light of the significant concerns raised in regard to the Ordinance, Staff suggests that the Planning Commission withdraw the Text Amendment from its calendar and forward a referral to the City Council asking if the Council wishes to place the more comprehensive Ordinance review on the 1990-91 Work Program. Attachments: 1. Staff Report 1/90/90 and 2/13/90 2. Planning Commission Minutes 1/9/90 and 2/13/90 3. Correspondence 4. Newspaper Article 5. Meeting Notes 3/2/90 Submitted by: ~~ Steve Piasecki, Planning Director ks f:TA$9-03/pg.7 CAMPBELL PLANNING DEPARTMENT (MEETING NOTES) To: File # Commercial Vehicle T.A. 89-03 Distribution-see below From: Steve Piasecki, Planning Director Subject: Definition of Commercial Date: March 1, 1990 Location: City Hall Date: March 2, 1990 Vehicles Time: 5:00 p.m. Attendees: Mike Prince Mark Cook Greg Linafelter Bill Seligman Logan Cartwright Charlie Purnell Steve Piasecki Gloria Sciara Purpose: Discuss concerns re: commercial vehicle ordinance definition Major Topics: Existing ordinance: Commercial vehicle definition is vague and encompasses all types of vehicles. Home Occupation Ordinance allows one commercial vehicle up to 7000 lbs. if associated with an approved home occupation. The Planning Commission has directed definition changes to exclude pickup trucks from the definition. The Commission stated willingness to consider thresholds related to size, weight etc.. Staff reviewed some of the complaints the City has received regarding commercial vehicles. A comprehensive review of the ordinance will require assistance of individuals present to define weight limits, and will take more staff time than a simple housekeeping amendment as originally contemplated. Comprehensive review could consider factors such as lot size, weight, number, setbacks, visibility, type, use, parking in enclosed structures, chemicle storage ,landscape screening, etc. If agreed to by the City Council, a review of the ordinance could be programmed into next years work program. Action Items: Staff report to the Planning Commission will suggest the Commission send a referral to the City Council recommending that a review of the Commercial vehicle ordinance be placed on the Planning work program for tl~e 90/91 budget year.. Distribution: City Attorney City Manager code: mtg.notes..cp2 CITY COUNCIL MEETING DATE FEBRUARY 20, 1990 ORAL REQUESTS Greg Linafelter, 1250 Capri Drive, addressed the City Council re: a proposed ordinance regulating parking of commercial vehicles in residential areas (Municipal Code Sec. 21.02.126) - This matter is curren~iy under review by the Planning Staff. Mr. Linafelter will be noticed when Ellis matter comas before the Planning Commission or ¢it~ Council for consideration. TO: MHVOR JOHN HSHWORTH AND MEMBERS OF THE COUNCIL February 20, 1990 Campbell. I am writing concerning Campbell's ordinance #21.02.126 Commission meeting of February 13, 1990, item #5 TA 89-03 w~s discussed ~his meeting, most of whom were ~nder the impression that a new ordinance ordinance already exist~ ~nd th~ ~he only thing being considered by the Planning Commission was the definition of "commercial vehicles". 2 have just recently started my own business (Cornwell Tools - Mobile Tools Sales) and have ~ 16 foo~ Chevrolet Step P~n, ~pproxima~ely 9,000 lb. unladen, I#,000 GVW, which b~sic~lly is my business. Many of the people who at:ended the Planning Commission meeting also h~ve vehicles which are larger than :he ordinance ~llows. Most of these h~ve had these who have the responsibility of ~pplying the l~w, ~nd I believe it is sade to ordinance is clear in it~ conten~. However, I wo~Id no~ be able ~o park my vehicle on my property ~nd have ~ good conscience about doing so. Page two. ~n ca~e~ where there i~ more t~an eno~g~ room ~nd no compl~int~ o~ any ~ort, Tomas Aquino area where, as I'm s~re yo~ are ~u~are, we ~sed ~o belong to :he County. The smallest lo: on my blotk is 1/6 acre. Some are 1/2 acre, and my lot is 1/3+ acre~. ! have more ~han abundan~ parking on and around my property. Possibly a good policy would be to allow parking on private property I realize that it will not be easy to tome ~p with something that will be pleasing and ~cceptable to everyone, but ! ~m ~fr~id that the current ordinance, if strictly enforced, would p~t m~ny of Campbell's small burden would more than likely put me out of business. I would be willing to volunteer ~o work on ~ special committee on this subject if you feel that it would be necessary. I thank you for your c~reful consideration ~nd ~nderstanding. '~M NO. 5 90-01 1161E. Campbell Ave. Campbell, CA 9S008 February 12, 1990 Dear Members of Campbell City Council and Planning Commission: ! have recently been informed that your Organization is planning to make an addition to the Hunicipal Code by adopting Section al,os.las, the definition of Commercial Vehicles as it will apply to any equipment that one deems undesirable or is used for the purpose of earning a living. Has your group considered what sort of financial impact this ordinance could cause? 1. The employment of additional code enforcement staff in order to support such a mandate~ a. The loss of business license fees from small home businesses. 3. The loss of revenues by the Santa Clara County Assessor from the collection of personal property taxes. 4. The need for local property owners to bring people into the community to do services now being done by present small business persons in our community. I know that if this section is adopted and enforced I will have to close down my service company, and either lose my livelihood or move someplace other than Campbell. Please consider what little real Value a small interest group would gain if this Section is adopted, and what would happen to the residential tax structure by removing the small business person {rom this community where a piece of equipment cannot be stored on his property or in the street. I hope your group will abandon this position so I, and many other long-time equipment-owner residents might enjoy Campbell as we have over the past years. Sincerely submitted, Dietrich yon Dohlen Owner', gon's Service 371-1198 Planning Commission Minutes 5. TA 89-03 -7- February 13, 1990 Public Hearing to consider the addition to Text Amendment to the Campbell Municipal Code, Section 21.02.126, defining "Commercial Vehicle." Chairperson Perrine read the application into the record. City Attorney Seligmann gave a presentation on Alternatives 1 through 5. Commission Discussion In answer to Commissioner Alne's question to define "small" and "van," Mr. Seligmann suggested proposing a specific weight limit for size purposes and in answer to definition of a van, stated it was a term that was in common and one that did not require any further definition for purpose of ordinance. Answering Commissioner Christ's question regarding storage of vehicles, Mr. Seligmann stated that other cities/counties have interpreted as parking on a regular basis on the property to be in violation of ordinances. M/S: Alne, Christ Public Hearing on TA 89-03 is now open. The following 15 people expressed concern that all of the alternatives infringed upon their individual property rights and in some cases, would affect their livelihood. 1. Mike Klupfell, 1450 Walnut Dr., Campbell Has altered his truck for his business and Alt. #2 does not allow for this. Is against all of the alternatives. 2. Wilfrud Alridge, 1235 Audrey Ave., Campbell Wanted to know who had started this clarification and under whose initiative. He was against all the alternatives and ordinance. 3. Mike Tippets, 1553 Capri, Campbell. The alternatives were all wrong. Wanted to have ordinance and alternatives changed/fixed. 4. Charlie Purnell, 1070 Shadydale, Campbell He has a pick-up and under all of the alternatives he would not be able to keep it. ' Planning Commission Minutes -8- February 13, 1990 5. Anna Doherty, 855 Emory Ave., Campbell Ail alternatives were flawed, but would agree to a weight criteria. 6. Mr. Macdamara, Lovell Ave., Campbell Wanted clarification of parking issue. Has tow trucks. He is against all of the alternatives. 7. Ron Wilson, 944 San Tomas Aquino Road, Campbell Has a 1-ton truck, which is not a pick-up. He would go along with weight criteria. 8. Robert Salazar, 1230 Chego, Campbell Wanted to inform all that the weight of a vehicle is written on the tires. 9. Logan Cartright, 1664 Whitwood, Campbell 'Was against all alternatives. Suggested Commission continue for 90 days. Community should be advised and be able to get together before the meeting to talk about it. 10. Don Armstrpng, 66 Christopher Ave., Campbell Alternative #5 would be OK, but doesn't really like any of them. 11~ Mark Cook, 1404 Theresa Ave., Campbell Did not support any of the above, but the weight criteria would be the most acceptable. 12. Mike Prince, 1251 Theresa, Campbell Does not support any of the alternatives. 13. David Babosa, 619 Hawthorne Ave., Campbell Against all. 14. Mollie Klupfell, 1450 Walnut Dr., Campbell Wanted to know how to amend an ordinance. Did not support any of the alternatives. 15. Bobi Riley, 940 Robin Lane, Campbell Wants to see new alternative addressing parking and storage. Commissioners felt they did not have enough information to recommend any of the alternatives. Recommend Staff take another look at this issue and perhaps provide photograph evidence from some members of the audience as to what constitutes a 10,000 lb. vehicle, or 1-ton truck, etc. M/S: Olszewski, Meyer Motion to continue TA 89-03 to the Planning Commission's meeting of 3-13-90 unanimously carried 6-0-0-1. Co-m-issioner Wilkinson being absent. Chairperson Perrine noted that a copy of the report would be made available to the public upon request. ITEM NO. 5 STAFF REPORT - PLANNING COMMISSION MEETING OF FEBRUARY 13, 1990 TA 89-03 Public Hearing to consider addition to Text Amendment to the Campbell Municipal Code, Section 21.02.126, defining Commercial Vehicle. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. After presentation by Staff, that the Commission adopt a resolution, incorporating the attached findings, recommending that the City Council adopt Alternative 2, as modified by the Planning Staff to exclude small vans from the definition of a commercial vehicle STAFF DISCUSSION This item was before the Planning Commission at its meeting of January 9, 1990. At that time, the Commission expressed a concern that the definition of a "commercial vehicle" (Alternative No. 1), may be applicable to pickup trucks and small vans. In response to this concern, the City Attorney has drafted four additional alternatives defining a "commercial vehicle" for purposes of code enforcement. (See attached report and alternatives). The City Attorney will review each of the alternatives with the Commission at the meeting. At the conclusion of the hearing, Staff is recommending that the Commission take action to endorse adoption of Alternative 2, as modified to exclude small vans as well as pickup trucks from the definition. The Planning Staff favors Alternative 2 because it includes limousines in the definition of a commercial vehicle. Limousine rental/leasing businesses have been a code enforcement problem in the past. As recommended by Staff, Section 21.02.126 (B) of Alternative 2 would be amended to read: "For purposes of this Title, a pickup truck or van shall be deemed to be a vehicle customarily used by ordinary persons as a personal passenger vehicle, unless the truck or van has been specially altered for use as industrial, construction, or farming equipment." Submitted by: Approved by: phil Sta_ff~ -/Principal Planner Steve Piasecki - Planning Director Attachments: 1. Exhibit A Examples of Vehicles Regulated by Proposed Alternatives 2. Report of City Attorney - Alternatives 1,2,3,4 and 5 3. Findings 4. Planning Commission Minutes of January 9, 1990 TA 89-03 PC MTG OF 2/13/90 EXHIBIT A 2. 3. 4. 5. 6. 7. EXAMPLES OF VEHICLES REGULATED BY PROPOSED ALTERNATIVES Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 Pickup Truck x Van (Standard) x ? ? ? Large Van x x x x Limousine x x Tow Truck x x x x Large Truck x x x x Semi-Truck x x x x x x x ?: As presently worded, Alternative 2 would apply to vans. Staff is recommending a modification to include vans along with pickup trucks as vehicles customarily used as a personal or passenger vehicle. STAFF REPORT RECOMMENDATION: It is recommended that Planning Commission adopt a resolution recommending that the City Council adopt one of the Alternative definitions of "commercial vehicle." DISCUSSION: At the Planning Commission meeting of January 9, 1990, Staff presented the proposed definition of "commercial vehicles" contained in Alternative number 1. The Commission expressed some concern over the scope of this definition, and asked Staff to present additional options. At the present time, Staff has prepared five (5) variations of the definition for the Commission's review. With the exception of Alternative 1 (which is the definition previously presented to the Commission) all of the definitions expressly exempt pickup trucks, unless they have been specially altered for use as industrial, construction or farming equipment. The alternatives are more specifically described below: Alternative 1 Alternative 1 is the original submittal presented by Staff. It defines "commercial vehicle" in terms of both use and description. Alternative 2 Alternative 2 deletes vehicles used for transportation of goods, materials, supplies or other business property from the definition, unless the vehicles are specifically designed for such use. Alternative 3 Alternative 3 deletes vehicles used for hire, as well as vehicles used for the transportation of property from the definition. Alternative 4 Alternative 4 defines "commercial vehicles" strictly in terms of their design, irrespective of their use. ALTERNATIVE 1 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING SECTIONS 21.02.126 TO THE CAMPBELL MUNICIPAL CODE, DEFINING "COMMERCIAL VEHICLE." follows: The City Council of the City of Campbell does ordain as SECTION ONE: Section 21.02.126 is hereby added to Chapter 21.02 of the Campbell Municipal Code, Revised, to read: 21.02.126 Commercial Vehicle. means any one of the following: "Commercial Vehicle" A. A vehicle used or maintained for hire, compensation, or profit for the transportation of persons; B. A vehicle used or maintained for transportation of goods, materials, supplies, tools, or property for business or commerce purposes; C. A vehicle used or maintained as industrial, construction or farming equipment; or D. A vehicle which is not customarily used by ordinary persons as a personal passenger vehicle, and is designed primarily for either: 1. Transportation of goods, materials, supplies, tools, or other property, including, but not limited to, semi- truck tractors and tow trucks; or 2. Use as equipment, including, but farm tractors, fork lifts, cement mixers. industrial, construction, or farming not limited to, cranes, bulldozers, cherry pickers, street sweepers, and SECTION TWO: This ordinance is intended solely as a clarification of existing law, and shall not be construed as change or modification of prior law. Passed and adopted this 1990 by the following roll call vote: day of , AYES: NOES: ABSENT/ABSTAIN: ALTERNATIVE 2 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING SECTIONS 21.02.126 TO THE CAMPBELL MUNICIPAL CODE, DEFINING "COMMERCIAL VEHICLE." The City Council of the City of Campbell does ordain as follows: SECTION ONE: Section 21.02.126 is hereby added to Chapter 21.02 of the Campbell Municipal Code, Revised, to read: 21.02.126 Commercial Vehicle. A. "Commercial Vehicle" means any one of the following: 1. A vehicle used or maintained for hire, compensation, or profit for the transportation of persons; 2. A vehicle used or maintained as construction or farming equipment; or industrial, 3. A vehicle which is not customarily used by ordinary persons as a personal passenger vehicle, and is designed primarily for either: a. Transportation of goods, materials, supplies, tools, or other property, including, but not limited to, semi- truck tractors and tow trucks; or b. Use as industrial, construction, or farming equipment, including, but not limited to, cranes, bulldozers, farm tractors, fork lifts, cherry pickers, street sweepers, and cement mixers. B. For purposes of this Title, a pickup truck shall be deemed to be a vehicle customarily used by ordinary persons as a personal passenger vehicle, unless the truck has been specially altered for use as industrial, construction or farming equipment. SECTION TWO: This ordinance is intended solely as a clarification of existing law, and shall not be construed as change or modification of prior law. Passed and adopted this 1990 by the following roll call vote: day of , AYES: NOES: ABSENT/ABSTAIN~ ALTERNATIVE 3 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING SECTIONS 21.02.126 TO THE CAMPBELL MUNICIPAL CODE, DEFINING "COMMERCIAL VEHICLE." The City Council of the City of Campbell does ordain as follows: SECTION ONE: Section 21.02.126 is hereby added to Chapter 21.02 of the Campbell Municipal Code, Revised, to read: 21.02.126 Commercial Vehicle. A. "Commercial Vehicle" means any one of the following: 1. A vehicle used or maintained as construction or farming equipment; or industrial, 2. A vehicle which is not customarily used by ordinary persons as a personal passenger vehicle, and is designed primarily for either: a. Transportation of goods, materials, supplies, tools, or other property, including, but not limited to, semi- truck tractors and tow trucks; or b. Use as industrial, construction, or farming equipment, including, but not limited to, cranes, bulldozers, farm tractors, fork lifts, cherry pickers, street sweepers, and cement mixers. B. For purposes of this Title, a pickup truck shall be deemed to be a vehicle customarily used by ordinary persons as a personal passenger vehicle, unless the truck has been specially altered for use as industrial, construction or farming equipment. SECTION TWO: This ordinance is intended solely as a clarification of existing law, and shall not be construed as change or modification of prior law. Passed and adopted this 1990 by the following roll call vote: day of , AYES: NOES: ABSENT/ABSTAIN: ALTERNATIVE 4 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING SECTIONS 21.02.126 TO THE CAMPBELL MUNICIPAL CODE, DEFINING "COMMERCIAL VEHICLE." follows: The City Council of the City of Campbell does ordain as SECTION ONE: Section 21.02.126 is hereby added to Chapter 21.02 of the Campbell Municipal Code, Revised, to read: 21.02.126 Commercial Vehicle. A. "Commercial Vehicle" means a vehicle which is not customarily used by ordinary person as a personal passenger vehicle, and is designed primarily for either: 1. Transportation of goods, materials, supplies, tools, or other property, including, but not limited to, semi- truck tractors and tow trucks; or 2. Use as industrial, construction, or farming equipment, including, but not limited to, cranes, bulldozers, farm tractors, fork lifts, cherry pickers, street sweepers, and cement mixers. B. For purposes of this Title, a pickup truck shall be deemed to be a vehicle customarily used by ordinary persons as a personal passenger vehicle, unless the truck has been specially altered for use as industrial, construction or farming equipment. SECTION TWO: This ordinance is intended solely as a clar~.fication of existing law, and shall not be construed as change or modification of prior law. Passed and adopted this 1990 by the following roll call vote: day of , AYES: NOES: ABSENT/ABSTAIN: ALTERNATIVE 5 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING SECTIONS 21.02.126 TO THE CAMPBELL MUNICIPAL CODE, DEFINING "COMMERCIA/J VEHICLE." The City Council of the City of Campbell does ordain as SECTION O~: Section 21.02.126 is hereby added to Chapter 21.02 of the Campbell Municipal Code, Revised, to read: 21.02.126 Con~erciai Vehicle. A. "Commercial Vehicle" means a vehicle with a gross weight of 10,000 pounds or more which is not customarily used by ordinary persons as a personal passenger vehicle, and is designed primarily for either: 1. Transportation of goods, materials, supplies, tools, or other property, including, but not limited to, semi- truck tractors and tow trucks; or 2. Use as industrial, construction, or farming equipment, including, bu~ not limited to, cranes, bulldozers, farm tractors, fork lifts, cherry pickers, street sweepers, and cement mixers. B. For purposes of this Title, a pickup truck shall be deemed to be a vehicle customarily used by ordinary persons as a personal passenger vehicle, unless the truck has been specially altered for use as industrial, construction or farming equipment. SECTION TWO: This ordinance is insended solely as a clarification of existing law,. and shall not be construed as change or modificanion of prior law. Passed and adopted this 1990 by the followzng roll call vote: day of __, AYES: NOES: ABSENT/ABSTAIN: Alternative 5 Like Alternative 4, Alternative 5 also defines "commercial vehicles" solely in terms of design, but further restricts the definition to vehicles with a gross weight of over ten thousand (10,000) pounds. /(;ommission Minutes - 16 - '~nuary 9, 1990 Public Bearing to consider addition of Text Amendment to Campbell Municipal Code, Section 21.02.126, defining Commercial Vehicle. The Chairperson read the application into the record. .The City Attorney, William Seligmann discussed the purpose of defining the commercial vehicle. 0uestions were raised by Commissioners regarding potential for impacting the uses of their family pick-up trucks and requested that the City Attorney review Mr.. Seligmann requested a month for the £eview. The Chairperson declared the Public Bearing open. M/S ~ No one wished to speak. Olszewski, Christ Motion to continue the Public Bearing on TA 89-03 to the February'13, 1990, Planning Commission meeting unanimously carried 7-0-0. 13. Staff Topics for future City Council/Planning Commission Study Session. The Chairperson reviewed the application and Staff informed the Commission that the four topics chosen by the Planning Commission fo~ possible discussion need to be transmitted to the City Council. M/S ~ Olszewski, Fox Motion to transmit the fou~ topics to the City ' Council for discussion at the joint meeting with the · City Council and Advisory Boards, unanimouslY carried 7-0-0. TA 89-03 ITEM NO. 11 STAFF REPORT - PLANNING COMMISSION MEETING OF JANUARY 9, 1990 Public Hearing to consider addition to Text Amendment to the Campbell Municipal Code, Section 21.02.126, defining Commercial Vehicle. STAFF RECOMMENDATION That the Planning Commission ADOPT a resolution, incorporating the attached findings, RECOMMENDING that the City Council adopt the attached text amendement. STAFF DISCUSSION Present Situation: At the present time, reference to "Commercial vehicles" is found in numerous sections of the Zoning Ordinance. A definition of what constitutes a "commercial vehicle" is not included in the Zoning Ordinance. This situation has led to some difficulty for the Staff in enforcing the Zoning Ordinance. For example, Section 21.08.040 of the Zoning Ordinance prohibits the "storage of commercial vehicles" in the R-1 (Single Family Residential) Zoning District. Without defining what constitutes a commercial vehicle, the ability to enforce the regulation is weakened. Current Proposal: The current proposal, initiated by the Staff, is to amend the text of the Zoning Ordinance by the addition of Section 21.02.126 of the Code, which defines a "Commercial Vehicle." A copy of the text of the proposed amendment which has been prepared by the City Attorney, is attached. Staff Recommendation: The Staff is recommending approval of this text amendment for the following reasons: 1. The current Zoning Ordinance makes reference to commercial vehicles, but no definition of such a vehicle is included. 2. Staff has had some difficulty in enforcing the Zoning Ordinances because of this lack of definition. 3. The proposed text amendment will provide the clarification necessary to permit more efficient Code enforcement. 'P~h ~ta f~~c ipal Planner Approved by: ~/~~" z~,~_. TM Steve ......... Piaseckl~'- ~-~ ~, Planning Director Attachments 1. Findings for Approval 2. Ordinance FINDINGS FOR APPROVAL FILE NO. TA 89-03 PC MTG: 1/9/90 PAGE TWO The current lack of a definition of a "commercial vehicle" may lead to difficulties in interpreting portions of the Zoning Ordinance. Staff has already encountered some difficulty in enforcing the Zoning Ordinance as it pertains to the prohibition of commercial vehicles in certain areas. The proposed text amendment will clarify the intent of the existing law. ~ IXld uO:-U O°r [10011 ~ HII~1~ DNZ~-qH_L. VD/D~[N~Td I,I A I I I Hard Copy Cod® B~itor: Contractor Logan Cartwright, whose flie~ drew other residents to lite planning commission meeting, has formed a new organization for entrepreneur~ who work out of their homes. Parldng Strictures Yokels rise up against the manicuring of Campbell BY JONATHAN VANKIN planni~ commission meetings in Campbell, or in most cities for that marter, usually don't do big box office. A few developers, a straggler or two from the public and the stray newspaper reporter compose a typical audience of about sin. The subjects covered simply aren't very sexy--subdivisions and rights-of- way and special use permits. So when the Campbell planning commission convened on Feb. 13 for its regular monthly session, the commissioners had to be puzzled when close to 50 angry people swarmed into the city's municipal chambers. They must have been even more perplexed when they scanned the agenda and found nothing more controversial than standard planning fare--at least on the surlhce. Even the item that roused the crowd looked rather dry: a request to recommend a dellnltion of "commercial vehicle" in a city ordinance that's been on the books in its current form for about four years. The ordinance forbids commercial vehicles from parking in residentially zoned neighborhoods. Violating vehicles are subiect to ticketing or towing-- even if they're parked on private property. But the city's definition of "commercial vehicle" is vague at best. '"The reaction is mainly due to a misunderstanding," says Campbell's city attorney, Bill Seligmann, who drew up five "alternatives" for the planting board. "No one's trying to take away anything people are not otherwise entided to." "It's a real simple thing;' adds bemused Commissioner Bruce Olszweski. "This law is already on the books, it contains the phrase 'commercial vehicle.' Our job is to define what a commercial vehicle is. People had the idea that we were looking at a whole new law." It didn't seem that simple, though, to Logan Cartwright. "Over the last 20 years, people have seen the gradual erosion of our private property rights, and they're really concerned," Cartwright says. So alarmed was the small contractor, whose "commercial vehicle' is often parked at his home, that he put together a flier and posted it on the windshields of every pickup truck he could find. The flier drew dire parallels between Campbell's city policies and "communism," and warned that while citizens of the Eastern Bloc arc finally seeing the beginnings of private ownership, Campbell residents are sitling back in their armchaics as their property rights are being stripped away. "With the Eastern Bloc collapsing, people are now asking, 'Is this the freest country in the world?' ' he says. Cartwright's anger seems to have tapped into a feeling that runs deep in Can~pbell. Not only did his flier produce the onslaught on the planning · commission, it also produced a start-up membership of what Cartwright says is more than 15 in his newly founded Entrepreneurs and Freedom-at-Home Association (EFHA). The group plans its next meeting Mar. 4, at high noon in Campbell's Morgan Park. The following week, on Mar. 13, the planning commission assembles again· Cartwright wants to prepare better this tiros, now that the commission, under unfamiliar fire, has opted to defer its recommen- dations on the "commercial vehicle" wording until that date. Cartwright insists that his efforts are "a real middle-class thing, not a radical thing at all." Others who bombarded the planning commission have more drastic political action in mind. Mark Cook, an electrician who works out of his home with a Campbell home- business permit, circulated a petition to review the original ordinance for possible repeal. "The ordinance stinks;' Cook when the city passed it in the first place? "Everybody was asleep at the wheel," Cartw.righi says. "We were all in a big complacency, thinking, 'At least I'm in the United States, thank God.'" The city is as much at fault as the somnolent populace, Cook maintains. "How does Campbell get information out to the people?" he queries. "I don't think the outreach to the people of Campbell is that good." There may be moxe to the seemingly mundane comnterciai vehicle issue than private property rights, however. Most of the bnsinesspeople who turned out at the commission meeting have been in Campbell for years, even decades. Even though most had no direct interest in it, they registered as weal: a subdivision plan to pack six residential lots into a two-lot -~ slice of land off Crocket~ Avenue-- the highest density the city's zoning laws allow. A stream of speakers marched to the microphone to oppose the plan. They declared it one more notch in the belt of Campbell with dense, urban development. Their greeted with repeated applause, Commission Chair Jay Perrine. Some place the city's ban on ~ commercial vehicles in non- business neighborhoods in the same category as densely packed subdivisions--as, at least in part, an attack on traditional Campbell. "Developers are trying to make this a highly developed urban area," Cook says. "I'd rather keep it suburban'and rural. Working at home is a rural thing and this rule is trying to eliminate that .... They're saying that everything that's not a BMW should be cited." "l think there's a constituency that wants the yokels gone," Cartwright concurs. "But there's a broad constituency for keeping Perhaps therein lies the reason why a rather dull ordinance detonated the emotions of so many Campbell stalwarts. The storm erupted into shouting mau:hes at the Feb. 13 meeting, and charges of "communism" have been coupled with bizarre rumors of the city attorney peeking into back yards to look for objectionable objects. The latter charge brings laughter from City Attorney Seligmann. He says he has better things to do with his time. "Our membership in EFHA is growing," says Logan Cartwright, whose fliers put the problem on Campbell's public agenda. "I guess I kind of see myself as a Paul Revere, trying to get the word out that there is an invasion on our private property rights." February 22-28 Me~t~