CC Resolution 11957RESOLUTION NO. 11957
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL FINDING THAT. THE PROPOSED TEXT
AMENDMENT (PLN2015-365) AMENDING MUNICIPAL CODE
CHAPTER 5.48, CHAPTER 6.10, CHAPTER 21.10, CHAPTER
21.12, CHAPTER 21.36, AND SECTION 21.72.020 AMENDING
REGULATIONS FOR MASSAGE ESTABLISHMENTS 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 PLN2015-365:
1. The project consists of Text Amendments amending Municipal Code Chapter 5.48;
Chapter 6.10; Chapter 21.10; Chapter 21.12; Chapter 21.36; and Section 21.72.020
regarding regulations for massage establishments.
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.
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.
City Council Resolution .Page 2
Finding the Proposed Municipal Code Text Amendment Exempt from CEQA
File No.: PLN2015-365
THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution finding the
Proposed Text Amendments are Exempt from the California Environmental Quality Act,
pursuant to the attached Notice of Exemption (attached Exhibit A).
PASSED AND ADOPTED this 15th day of March, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: Cristina
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED: d'" ~ ~7A ~--~-
J on T. Baker, Mayor
ATTEST:
Wendy %ood, City Clerk
of SAM
n
J r
0 0
e ~:
k~.H pµJ
CITY of CAMPBELL
Communig~ Development Department
NOTICE OF EXEMPTION
To: Office of Planning & Research From: City of Campbell
1400 Tenth Street, Room 121 70 N. First Street
Sacramento, CA 95812-3044 Campbell, CA 95008
X County Clerk's Office
Santa Clara County
70 W. Redding Street, East Wing
San Jose, CA 951 10
Project Title: Text Amendment to Amend Regulations for Massage Establishments
Project Location: City Wide
Description of Project: The project consists of a Text Amendment (PLN2015-365) to Municipal Code
Chapter 5.48; Chapter 6.10; Chapter 21.10; Chapter 21.12; Chapter 21.36; and Section 21.72.020 regarding
regulations for massage establishments
Date of Approval: April 5, 2016 (effective May 6, 2016)
Lead Agency: City of Campbell
Lead Agency Contact: Cindy McCormick, Senior Planner- Community Development Department
(408) 871-5103 / cindym@cityofcampbelLcom
Name of Applicant: City of Campbell
Exempt Status (check one)
Q Ministerial (Sec. 21080(6)(1); 15268);
Q Declared Emergency (Sec. 21080(6)(3); 15269(a);
Emergency Project (Sec. 21080(6)(4); 15269(b)(c);
~ CEQA Exemption (Sec. 15601.6.3)
Reasons why project is exempt: The proposed Text Amendment is exempt from the California Quality Act
under Section 15601.6.3 because it has no poten[iaF 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 show's 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. First
Street, Campbell, CA 95008.
Signature: ~ Date' Title: Senior Planner