CC Resolution 12152RESOLUTION NO. 12152
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL FINDING THAT ACITY-INITIATED ZONING
CODE AMENDMENT (PLN2016-356) TO AMEND TITLE 21
(ZONING CODE) OF THE CAMPBELL MUNICIPAL CODE TO
ADOPT PROVISIONS TO REGULATE THE INSTALLATION
AND OPERATION OF COLLECTION CONTAINERS IS EXEMPT
FROM REVIEW UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND AUTHORIZING FILING OF A
NOTICE OF EXEMPTION.
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 PLN2016-356:
1. The project consists of a Zoning Code Amendment ("proposed ordinance") to amend
Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate
the installation and operation of collection containers (donation bins).
2. The City has experienced a proliferation of collection container and their placement in
required parking stalls, required landscaped areas, in residential areas located in many
zoning districts of city, often without property owner's permission. The proliferation of
these containers in-and-of themselves contribute to visual clutter; and in areas
throughout the State, collection containers have contributed blight due to graffiti, and
the accumulation of debris and excess items outside of the collection containers. They
can also interfere with the proper collection of data concerning the diversion of waste
within the City from landfills.
3. The proposed ordinance would establish new zoning provisions that would establish (1)
allowable zoning districts for collection containers, (2) provisions for location and
placement of collection containers, (3) physical attribute requirements for collection
containers, (4) provisions for maintenance and operation of collection containers, (5)
permit requirements for collection containers, and (6) applicable enforcement
provisions.
4. The purpose of the proposed ordinance is to promote the health, safety, and/or welfare
of fhe public, and protect the property rights of the owners of the parcels on which the
collection containers are located, by providing minimum blight-related performance
standards for the operation of collection containers, including establishing criteria to
ensure that (1) material is not allowed to accumulate outside of the collection
containers, (2) the collection containers remain free of graffiti and blight, (3) the
collection containers are maintained in safe and sanitary conditions, (4) the collection
containers are not placed without the approval of the property owners, (5) contact
information is readily available so that the operators can be contacted if there are any
blight-related questions or concerns, and that operators properly report information
concerning the diversion of materials from landfills.
City Council Resolution Page 2
Finding the Proposed Zoning Text Amendment Exempt from CEQA
File No.: PLN2016-356
The City's preliminary review of the Zoning Code Amendment, pursuant to Section
15060 of the CEQA Guidelines, has found that placement of collection containers, as
subject to the new zoning provisions and requirements, would not have any direct or
indirect impact to aesthetic resources, agricultural or forestry resources, air quality,
biological resources, cultural resources, geology or soils, greenhouse gas emissions,
hazards or hazardous materials, hydrology or water quality, land use or planning,
mineral resources, noise, population or housing, public services, recreation,
transportation or traffic, or utilities or service systems.
6. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, projects may be found
exempt from formal environmental review if 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 and 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:
The proposed Zoning Code Amendment has no potential for causing a significant
effect on the environment;
2. It can be seen with certainty that there is no possibility that the proposed Zoning Code
Amendment would have a significant effect on the environment; and
3. 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.
THEREFORE, BE IT RESOLVED that the City Council finds that the City-initiated Zoning
Code Amendment (PLN2016-356) to amend Title 21 (Zoning Code) of the Campbell
Municipal Code to adopt provisions to regulate the installation and operation of collection
containers is exempt from review under the California Environmental Quality Act (CEQA)
and authorizing filing of a notice of exemption (attached Exhibit A).
PASSED AND ADOPTED this 2nd day of May, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: Landry, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: None
ABSENT:
ABSTAIN: COUNCILMEMBERS:
COUNCILMEMBERS: Waterman
Cristina
APPROVED! ~/= ~ ~~ r/ ~~~
~`Etizabet "Liz" Gibbons, Mayor
ATTEST:. 2v <
Wendy ood, City Clerk
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Community Development Department
EXffiBIT A
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 95110
Project Title: Zoning Code Amendment to adopt provisions to regulate the installation and operation of
collection containers (donation bins)
Project Location: City Wide
Description of Project: The proposed ordinance would establish new zoning provisions that would establish
(1) allowable zoning districts for collection containers, (2) provisions for location and placement of
collection containers, (3) physical attribute requirements for collection containers, (4) provisions for
maintenance and operation of collection containers, (5) permit requirements for collection containers, and (6)
applicable enforcement provisions.
Date of Approval: May 16, 2017 (effective June 15, 2017)
Lead Agency: City of Campbell
Lead Agency Contact: Daniel Fama, Senior Planner-Community Development Department
(408) 866-2193 / danielf@cityofcampbell.com
Name of Applicant: City of Campbell
Exempt Status (check one)
Q Ministerial (Sec. 21080(6)(1); 15268);
Q Declared Emergency (Sec.21080(b)(3); 15269(a);
Q Emergency Project (Sec.21080(b)(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 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 [hat 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.
Date: Title: Senior Planner