PC Res 4128RESOLUTION NO. 4128
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING A TEXT
AMENDMENT (PLN2012-183) TO IDENTIFY ANCILLARY RETAIL
IN CONJUNCTION WITH A WHOLESALE DISTRIBUTION
FACIILITY AS A CONDITIONALLY PERMITTED USE WITHIN THE
M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT.
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 PLN2012-183.
Environmental f=indings
1. An Initial Study was prepared for this project that provides the factual basis for
concluding that a Negative Declaration should be adopted since no substantial
evidence exists, in light of the whole record, that the project may have a significant
effect on the environment.
2. The project consists of a Text Amendment pertaining to ancillary retail operations
within the M-1 Zoning District that will amend the Campbell Zoning Code (Chapter
21.10 -Commercial and Industrial Districts).
3. The Negative Declaration describes the reasons that the proposed Text Amendment
project will riot have a significant effect on the environment, and therefore, does not
require the ~-reparation of an Environmental Impact Report, pursuant to the California
Environmental Quality Act Guidelines.
4. There are n~o responsible agencies or trustee agencies responsible for resources
affected by the proposed Text Amendment project.
5. The City of Campbell provided a Notice of Intent to adopt a Negative Declaration to
the public vi<~ the Campbell Express and the County Clerk.
6. The City of Campbell provided a 20-day public review period of the draft Negative
Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-
day public review period was between November 15, 2013 and December 5, 2013.
7. The Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. No substantial evidence has been presented from which a reasonable argument
could be made that shows that the project will have a significant adverse impact on
the environrr~ent.
Planning Commission Resolution No. 4128
PLN2012-183 -Text Amendment to M-1 Zoning
Page 2
2. The Custodian of the Record for the Negative Declaration and Initial Study is the City
Clerk of the City of Campbell, located at 70 North First Street, Campbell, California.
Evidentiary Finding.
1. The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units the authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry.
2. Review and adoption of this Text Amendment is done in compliance with California
Government: Code Sections 65853 through 65857, which require a duly noticed
public hearing of the Planning Commission whereby the Planning Commission shall
provide its written recommendation to the City Council for its consideration.
3. The City of Campbell recognizes the importance of promoting the public health,
safety and general welfare, and providing adequate locations for the establishment of
various uses. that serve the community.
4. A Negative IDeclaration has been prepared for this project concluding that there are
no significant environmental impacts associated with this project, pursuant to the
California Environmental Quality Act (CEQA).
5. The proposed amendment is consistent with the goals, policies, and actions of the
General Plan.
6. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city; and
7. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
8. The proposed text amendment identifies ancillary retail operations within the M-1
Light Industrial Zone District as Conditionally Permitted Uses.
9. The proposed text amendment will be adopted in compliance with the following
General Plan Goals, Policies, and Strategies:
Goal LUT-5: Preservation and enhancement of the quality character and land
use patterns that support the neighborhood concept.
Policy LUT5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with its
own individual character; and allow change consistent with
reinforcing positive neighborhood values, while protecting the
integrity of the City's neighborhoods.
Policy LUT-5.4: Industrial Neighborhoods: Safeguard industry's ability to operate
effectively, by limiting the establishment of incompatible uses in
industrial neighborhoods and encouraging compatible uses.
Planning Commission Resolution No. 4128
PLN2012-183 -Text Amendment to M-1 Zoning
Page 3
Policy LUT-5.5: Industrial Diversity: Promote a variety of industrial use
opportunities that maintain diversified services and a diversified
economic base.
Strategy LU~T-5.5a: Services in Industrial Areas: Encourage convenient retail and
commercial services (restaurants and hotels) in industrial areas to
support businesses, their customers and their employees.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed amendment is consistent with the goals, policies, and actions of the
General Plari;
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council adopt an Ordinance approving a Text Amendment (PLN2013-305) to modify
the Flood Damage Prevention Ordinance to comply with current Federal regulations as
set forth in Exhibit A.
PASSED
AYES:
NOES:
ABSENT:
ABSTAIN:
AND ADOPTED thi:
Commissioners:
Commissioners:
Cammissioners
Commissioners:
10th day of December, 2013, by the following roll call vote:
Dodd, Finch, Kendall, Resnikoff, Reynolds, Rich and
Roseberry
None
None
None
~? APPROVED:
Philip C. Reynolds, Chair
-~
ATTEST: "
Paul K rnoyan, Secretary
Exhibit A
21.10.080 M-1 (Light Industrial) zoning district.
C. Uses allowed with conditional use permit in M-1 (Light Industrial) zoning district. The
following uses are permitted with a conditional use permit in compliance with Chapter
21.46 (Conditional Use Permits):
1. Ancillary retail uses serving industrial uses.
2. Ancillary retail operations associated with a lawfully established use which
occupy no more than 25% of the use's existing floor area.
3~. Alternative fuels and recharging facilities.
43. Broadcast and recording studios.
54. Building material stores/yards.
6a. Caretaker/employee housing.
76. Cat and dog day care facilities.
8~. Cat and dog grooming facilities.
96. Cat Boarding facilities.
10£x. Catering business.
111-9. Chemical products.
12~. Construction equipment rentals.
13~. Contractor's equipment yards.
14-3. Conversion, industrial converted from residence.
154--4. Dog Boarding facilities.
165. Emergency shelters.
17x-6. Government offices and facilities (local, State or federal).
18~. Health/fitness centers.
19~. Late night activities.
20~. Marine sales (new and used), with/without service facilities.
21~. Motor vehicle-cleaning, washing, and detailing.
22~-. Motor vehicle-dismantling.
232. Motor vehicle-leasing.
242-3. Motor vehicle-oil change facilities.
25~. Motor vehicle-painting.
262. Motor vehicle-renting.
272. Motor vehicle-repair and maintenance (minor and major/only within an
enclosed structure).
282. Motor vehicle-repair and maintenance (minor/only within an enclosed
structure).
292. Motor vehicle-sales (new and/or used).
30~. Motor vehicle-tune-up.
3138. Motor vehicle-tune-up-light duty only.
323-x. Motor vehicle-window tinting.
333. Outdoor storage.
3433. Parking lots/structures, public.
3534. Public assembly uses.
363. Public utility structures and service facilities.
37;6. Public works maintenance facilities and storage yards.
38~. Radio or television transmitters.
3936. Radio stations.
4039. Recycling facilities -large collection facility.
4149. Recycling facilities -processing facility.
424. Restaurants or cafes (excluding fast food or drive-ins).
434. Storage facilities (one facility per every five thousand people of the
population).
4443. Studios, large.
4544. Studios, small.
4649. Towing services.
4746. Trailer sales (with or without service facilities).
484.7. Transitional housing.
4946. Veterinary clinics and animal hospitals.
5049. Wireless telecommunications facilities -non-stealth.