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CC Ordinance 2127 ORDINANCE NO. 2127 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A TEXT AMENDMENT (PLN2009-77) TO AMEND CAMPBELL MUNICIPAL CODE SECTIONS 21.1 0.090 (SEXUALLY ORIENTED BUSINESSES), SECTION 21.10.080 (M-1 LIGHT INDUSTRIAL ZONING DISTRICT) AND CHAPTER 5.55 (SEXUALLY ORIENTED BUSINESSES REGULATIONS) TO EXTEND THE AMORTIZATION PERIOD FOR NON-CONFORMING SEXUALLY ORIENTED BUSINESSES FROM TWO YEARS TO TEN YEARS AND REQUIRING THAT SUCH BUSINESSES OBTAIN A SEXUALLY ORIENTED BUSINESS PERMIT. 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 City Council of the City of Campbell does ordain as follows: 1. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry; and 2. The City of Campbell recognizes the importance of promoting the public health, safety and general welfare, and providing adequate locations for the establishment of health service uses that serve the community. 3. The proposed Text Amendment modifications of the Municipal Code Sections as described herein are expected to affect only one known business, and are therefore exempt under Section 15061 (b)(3) of the California Environmental Quality Act (CEQA). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed text amendment is consistent with the intent and purposes of the Zoning Code, 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 in that the extended amortization period will affect only one non-conforming sexually-oriented business that is otherwise fully consistent with the intent and purpose of the Zoning Code; and City Council Ordinance PLN2009-77 - Adopting Text Amendments to Municipal Code Sections 21.10.090; 21.10.080; and Chapter 5.55 Page 2 2. The proposed Zoning Code Text Amendment is internally consistent with other applicable provisions of the Zoning Code in that that the extension of the extended period for non-conforming sexually-oriented business does not contradict or otherwise conflict with existing provisions; and, 3. The proposed Zoning Code Text Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city in that the affected business of the proposed text amendment has not been shown to be of a detrimental nature. SECTION ONE: That this Ordinance be adopted to approve a Text Amendment (PLN2009-77) to amend Campbell Municipal Code Sections 21.10.090 (Sexually Oriented Businesses), Section 21.10.080 (M-1 Light Industrial Zoning District) and Chapter 5.55 (Sexually Oriented Businesses Regulations) to extend the amortization period for non- conforming sexually oriented businesses from two years to ten years and requiring that such businesses obtain a sexually oriented business permit per attached Exhibit A. 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 1st day of December , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kotowski, Furtado, Baker, Low, Kennedy None None None APPRO ATTEST: tL~ Anne Bybee, City Clerk Exhibit A Page 1 of 3 21.36.20510.090 Sexually oriented businesses. Community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of sexually oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, parks, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of sexually oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually oriented businesses in certain areas. A. Definitions. 1. Municipal Code. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 5.55 of the Municipal Code. 2. Establishment of sexually oriented business. As used herein, to "establish" a sexually oriented business shall mean and include any of the following: a. The opening or commencement of any sexually oriented business as a new business; b. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined herein; c. The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or d. The relocation of any such sexually oriented business. B. Locational requirements. No sexually oriented business shall be established or located in any zone in the city other than the M-1 (Light Industrial) zoning district, and shall not be within certain distances of certain specified land uses or zones as set forth below: 1. Required distance from other sexually oriented businesses. No such business shall be established or located within three hundred feet of any other sexually oriented business; 2. Required distance from other specified uses. No such business shall be established or located within three hundred feet from any existing schools for minors, churches or religious institutions, parks, and residentially zoned districts or uses; and 3. Measurement of distance. The distances set forth above shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. C. Amortization of nonconforming sexually oriented business uses. Any use of real property lawfully existing on the effective date of this section, which does not conform to the provisions of this section, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until January 1, 2020. for two years after the effective date of the ordinance codified in this section that adopted this subsection. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the planning commission in compliance with the provisions of subsection D of this section. 1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually oriented business shall result in a loss of legal nonconforming status of such use. 2. Annexed property. Any sexually oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of subsection B of this section, shall be terminated within one year of the date of annexation unless an extension of time has been approved by the planning commission in compliance with the provisions of subsection D of this section. Exhibit A Page 2 of 3 3. Any nonconforminq sexually oriented business in operation pursuant to this section shall obtain a sexually oriented business permit, in compliance with Chapter 5.55 of the Campbell Municipal Code, by March 1, 2010. D. Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in subsection C of this section, may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use. 1. Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of subsection C of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the community development department at least ninety days but no more than one hundred eighty days prior to the time established in subsection C of this section, for termination of such use. 2. Content of application and required fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council. 3. Hearing procedure. A hearing shall set on the matter before the planning commission for within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the planning commission shall be final and subject to judicial review in compliance with Code of Civil Procedure Section 1094.8. 4. Approval of extension and required findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law: a. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this section; b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with subsection B of this section. Exhibit A Page 3 of 3 21.10.080 M-1 (Light Industrial) zoning district. A. Purpose of M-1 (Light Industrial) zoning district. The M-1 zoning district is designed to encourage sound industrial development (e.g., light manufacturing, industrial processing, storage and distribution, warehousing), in addition to service commercial uses (e.g., motor vehicle repair facilities) in the city by providing and protecting an environment exclusively for this type of development, subject to regulations identified in this Zoning Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or other related disturbances. Industries producing substantial amounts of hazardous waste, odor, or other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or office supply) would generally be allowed as ancillary uses, subject to appropriate development and design standards and guidelines. The M-1 zoning district is consistent with the light industrial land use designation of the General Plan. 8. Permitted uses in M-1 (Light Industrial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 34. Sexuallv oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code. 5.55.060 Investigation and action on application. (c) The police chief shall grant the application and issue the sexually oriented business permit upon findings that the proposed business meets the locational criteria of Section 21.36.205 10.090(8); unless the application is denied for one or more of the reasons set forth in Section 5.55.070. (d) If the police chief neither grants nor denies the application within thirty days after it is stamped as received (except as provided in Section 5.55.050U), the applicant may begin operating the sexually oriented business for which the permit was sought, subject to strict compliance with the requirements of this code. (Ord. 21 06 ~ 4 (Exh. C)(part), 2008). 5.55.070 Permit denial. The police chief shall deny the application for any of the following reasons: (a) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit. (b) An applicant is under eighteen years of age. (c) The required application fee has not been paid. (d) The sexually oriented business does not comply with the zoning ordinance locational standards, Sections 21.36.205 1 0.090(B) through (0).