CC Resolution 11930RESOLUTION NO. 11930
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL FINDING THAT THE PROPOSED ZONING
TEXT AMENDMENT (PLN2015-294) AMENDING THE
FOLLOWING TO THE CAMPBELL MUNICIPAL CODE:
CHAPTER 21.10 (COMMERCIAL AND INDUSTRIAL
DISTRICTS); CHAPTER 21.12 (SPECIAL PURPOSE ,
DISTRICTS); SECTION 21.72.020 (DEFINITIONS); AND
CHAPTER 21.36 (PROVISIONS APPLYING TO SPECIAL USES)
OF THE ZONING ORDINANCE TO CREATE REGULATIONS
FOR PAYDAY LENDERS IS EXEMPT FROM CEQA.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard with regard to file number PLN2015-294:
1. The project consists of a Text Amendment amending the following to the Campbell
Zoning Code: Chapter 21.10 (Commercial and Industrial Districts); Chapter 21.12
(Special Purpose Districts); and Section 21.72.020 (Definitions), and Chapter 21.36
(Provisions Applying to Special Uses) of the Zoning Ordinance to create regulations for
payday lenders.
2. 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.
3. 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.
4. 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.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed amendment is consistent with the goals, policies, and actions of the General
Plan;
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.
City Council Resolution Page 2
Finding the Proposed Zoning Text Amendment Exempt from CEQA
File No.: PLN2015-294
4. 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
environment.
5. The proposed Text Amendment project is exempt from the California Environmental
Quality Act under Section 15061.b.3 because it has no potential for resulting in a
physical change to the environment.
THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution finding the
Proposed Zoning Text Amendment is Exempt from the California Quality Act, pursuant to
the attached Notice of Exemption (attached Exhibit A).
PASSED AND ADOPTED this 5th day of January, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: ~ ~~--
son T. Baker, Mayor
ATTEST:
Wendy ood, City Clerk
Exhibit A
County of Santa Clara <<,L~'YT
Office of the County Clerk-Recorder F. \~~1 ~ ~~i-~
Ousiness Division
County Government Center ~ `~tt, .'"'° - 't
r
70 W'esf Redding Street, F. WinC, 1" Floor /q. C\
San .lose, California 95I 10 (408)299-1688
CEQA DOCUMENT DECLARATION
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City Of Campbell
Santa Clara County Clerk-Recorder's Office
State of California
l
I I I I I I
I I V
II I I III l lll I I t
II 5
I I d
Pos
ed OR:
• - f e Througb !2016
310
CRO Order Number:
Fee Total: 50.00
REGINA ALCOMENDRAS, County Clerk-Recor e
by Mike Louie, Clerk-Recorder Office Spe,
2. PROJECT TITLE: Text Amendment to Create Regulations for Payday Lenders
3. APPLICANT NAME: City of Campbell PHONE: 408-866-2744
4. APPLICANT ADDRESS: 70 NOdh PIrSf $tfeel, Campbell CA, 95008
5. PROJECT APPLICANT IS A: O Local Public Agency ^ School District ^ Other Special District ^ State Agency ^ Private Entity
6. NOTICE TO BE POSTED FOR 30 OAVS. .
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECTS THAT ARE SUBJECT TO DFG FEES
^ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 3,070.00
^ 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 2,210.25
^ 3. APPLICATION FEE WATER DIVERSION ~sTare wuca xescuxccs cox-ao~ oouvo oxLq $ 850.00
^ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75
^ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a4 ABOVE) $ 50.00
Fish 8 Game Code §711.4(e)
b. 'PROJECTS THAT ARE EXEMPT FROM DFG FEES
~ 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REO UIRED) $ 50.00
^ 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE
DEPARTMENT OF FISH 8 GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT /
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE "SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ^ ENVIRONMENTAL IMPACT REPORT ^ NEGATIVE DECLARATION
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
^ NOTICE OF PREPARATION ^ NOTICE OF'INTENT
8. OTHER:
$ 50.00
NO FEE
$ 0.00
$ 0.00
$ 0.00
5 0.00
$ 0.00
S 50.00
$ 0.00
S NO FEE
'FEE (IF APPLICABLE): $
9. TOTAL RECEIVED ........................................................................................................................................................ $ 50.00
"NOTE: "SAME PROJECT" MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT
DETERMINATION' LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED 70
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish 8 Game Cotle §771 A(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
' .. NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE P,40JECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Coce ?;711.4(cj(3)
(Fss~ Etlectlrs 01-01-1018)
ORIGINAL
of SAM
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ik CH ~0.0.C
CITY ut' CAMPBELL
Conununity Development Department
NOTICE OF EXEMPTION
To: Office of Planning & Research From: City of Campbell
1400 Tenth Street, Koom 121 70 N. First Street
Sacramento, CA 95812-3044 Campbell, CA 95008
X County Clerk's Office
Santa Clara County
70 W. Hedding Street, Eas[ Wing
San Jose, CA 951 10
Project Title: Text Amendment to Create Regulations for Payday Lenders
Project Location: City Wide
Description of Project: The project consists of a Test Amendment (PLN2015-294) amending the following
to the Campbell Zoning Code: Chapter 21.10 (Commercial and Industrial Districts); Chap[er 21.12 (Special
Purpose Districts); and Section 2].72.020 (Definitions), and Chap[er 21.36 (Provisions Applying to Special
Uses) of the Zoning Ordinance to crea[e regulations for payday lenders.
Date of Approval: February 2, 2076 (effective March 3, 2016)
Lead Agency: City of Campbell
Lead Agency Contact: Naz Pouya, Project Planner- Community Development Department
(408) 866-2144 / nazp@cityofcampbell.com
Name of Applicant: City of Campbell
Exempt Status (check one)
Ministerial (Sea 21080(6)(1); 15268);
~ Declared Emergency (Sec. 21080(6)(3); 15269(a);
Emergency Project (Sea 21080(6)(4); 15269(b)(c);
~ CEQA Exemption (Sec. 15601.6.3)
Reasons why project is exempt: The proposed Text Amendment is exempt Gom the California Quality Act
under Section 15601.6.3 because it has no potential for resulting in a physical change to the environment.
Furthermore, 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 environment.
This is to certify that the City of Campbell has deemed the above described project categorically exempt
from review under the California Environmental Quality Act. A record of the above described project is
available to the general public at the Community Development Department, City of Campbell, 70 N. Pirst
Street, Campbell, CA 95008.
Signature: ~~'-- Date• ~ `'~ ~ Title
FileH:. 19831 210412016