PC Res 4476RESOLUTION NO. 4476
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING A ZONING CODE TEXT
AMENDMENT (PLN2018-098) TO AMEND CAMPBELL MUNICIPAL
CODE ("CMC") SEC. 21.10.030 TO ESTABLISH LARGE AND SMALL
TUTORING CENTERS AS A PERMITTED USE IN THE P-O
(PROFESSIONAL OFFICE) ZONING DISTRICT, CMC SEC. 21.36
TO ADD SPECIAL USE PROVISIONS TO GOVERN THE LOCATION
AND OPERATION OF TUTORING CENTERS, AND CMC SEC.
21.10.040 AND 21.10.050 TO ADD A REFERENCE TO THE
SPECIAL USE PROVISIONS FOR TUTORING CENTERS TO THE C-
1 AND C-2 ZONING DISTRICTS RESPECTIVELY.
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 Planning Commission finds as follows with regard to file number PLN2018-98:
Environmental Findin
1. An amendment to the Zoning Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically
subject to environmental review. However, such an action may be exempted from
environmental review if the City finds that there is no possibility that it will have a
significant effect on the environment (Sec. 15061(b)(3)). The proposed text amendment
would allow small and large tutoring centers as a permitted use in the P-O (Professional
Office) Zoning District and restrict those same uses to specified locations in the C-2
(General Commercial) zoning district. To avoid potentially adverse effects on
surrounding uses, the text amendment would also provide operational standards (such
as requiring all instruction to occur behind closed doors), which would serve as
universally applicable conditions of approval and thereby eliminate the need for a
discretionary permit, except in limited circumstances. Therefore, staff recommends that
the proposed Zoning Text Amendment be found categorically exempt pursuant to
Sections 15060(c)2 (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)3 (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
because it has no potential for resulting in physical change to environment, directly or
indirectly.
Evidentiary Findings
2. In June of 2011 the City Council adopted Ordinance 2149 which created new definitions
and parking standards for `small' and 'large' tutoring centers (see analysis on
`Definitions' and 'Parking' standards respectively) as part of the City's FY08/09 work plan
item to "consider changes to the Parking & Loading Ordinance". In addition to creating
new land uses, the Ordinance served to assign those land uses to various zoning
districts (e.g. C-2, P-O).
Planning Commission Resolution No. 4476 Page 2 of 4
Recommending Adoption of a Zoning Code Text Amendment (PLN2018-098)
3. Since the adoption of Ordinance 2149, the City has not reviewed any of the new
definitions, parking standards, or land use assignments.
4. In March of 2018 the Planning Department was approached by a business interested in
leasing office space in the P-O (Professional Office) zoning district. In review of the
applicant's proposal, aspects of the business appeared to be consistent with the
definition of a `tutoring center' which is a prohibited use in the P-O (Professional Office)
zoning district. Rather than directing the business owner to find a commercial property,
staff found the use to be comparable to, if not less intensive than, a `private school'
which is a conditional use in the P-O (Professional Office) zoning district.
5. Recognizing that tutoring facilities are a `conditional use' in the C-2 zoning district (which
is intended for uses that need exposure to higher volumes of automobile traffic) and
prohibited in the P-O zoning district (which are less reliant on passerby traffic) staff
determined a review of applicable General Plan Policies, fiscal impacts, and land use
implications of allowing tutoring facilities (which do not need exposure to high volumes of
traffic) in the C-2 zoning district to be warranted.
6. On May 2, 2018 the Planning Commission held a public hearing authorizing the initiation
of a Zoning Text Amendment. In returning with a text amendment, the Planning
Commission requested staff to return with a report that captured the following areas of
discussion:
Evaluate the impacts the text amendment would have on existing tutoring centers
(noting the name, size, and location of those facilities).
Provide a discussion on definitions and present suggestions on how existing
definitions could be improved.
y Rather than prohibiting tutoring centers in the C-2 zoning district, consider allowing
them as a conditional use in office buildings.
7. The Zoning Code Text Amendment would allow small and large tutoring centers as a
permitted use in the P-O (Professional Office) Zoning District and restrict those same
uses to specified locations in the C-2 (General Commercial) zoning district.
8. To avoid potentially adverse effects on surrounding uses, the text amendment would
also provide operational standards (such as requiring all instruction to occur behind
closed doors).
9. The Zoning Code Text Amendment would be consistent with the General Plan by
furthering Strategy LUT-13.1 c:
Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land
uses on City revenues and services.
10.The Text Amendment is narrowly drafted and internally consistent.
11. 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.
Planning Commission Resolution No. 4476 Page 3 of 4
Recommending Adoption of a Zoning Code Text Amendment (PLN2018-098)
12. Review and adoption of the 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.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed Text Amendment is consistent with the goals, policies, and actions of the
General Plan and all applicable development agreements, area plans, neighborhood plans,
and specific plan(s), and
2. The proposed Text Amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the City; and
3. The proposed Text Amendment is internally consistent with other applicable provisions of
the Code; and
4. The Text Amendment is categorically exempt pursuant to Sections 15060(c)2 (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)3 (the activity is not a project as defined in Section 15378) of
the CEQA Guidelines, California Code of Regulations, because they have no potential
for resulting in physical change to environment, directly or indirectly; and
5. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented will have a significant
adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt the attached Ordinance (reference Exhibit A) approving the Zoning Code Text
Amendment.
PASSED AND ADOPTED this 11th day of December, 2018, by the following roll call vote:
AYES:
Commissioners:
Ching, Hernandez, Krey, Ostrowski and Rich
NOES:
Commissioners:
None
ABSENT:
Commissioners:
Rivlin
ABSTAIN:
Commissioners:
None
ATTEST:
Paul
APPROVED
Michael Rich, Chair
Exhibit A
Ordinance No.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A ZONING CODE TEXT AMENDMENT (PLN2018-098) TO AMEND
CAMPBELL MUNICIPAL CODE ("CMC") SEC. 21.10.030 TO ESTABLISH LARGE AND
SMALL TUTORING CENTERS AS A PERMITTED USE IN THE P-O (PROFESSIONAL
OFFICE) ZONING DISTRICT, CMC SEC. 21.36 TO ADD SPECIAL USE PROVISIONS TO
GOVERN THE LOCATION AND OPERATION OF TUTORING CENTERS, AND CMC
SEC. 21.10.040 AND 21.10.050 TO ADD A REFERENCE TO THE SPECIAL USE
PROVISIONS FOR TUTORING CENTERS TO THE C-1 AND C-2 ZONING DISTRICTS
RESPECTIVELY.
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:
SECTION 1. The City Council finds and determines that the Text Amendment is
categorically exempt pursuant to Sections 15060(c)2 (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)3 (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, because the Text Amendment has no potential for resulting in physical
change to environment, directly or indirectly.
SECTION 2. The City Council further finds and determines that the proposed Text
Amendment is consistent with the goals, policies, and actions of the General Plan; would
not be detrimental to the public interest, health, safety, convenience, or general welfare of
the city; and is internally consistent with other applicable provisions of the Zoning Code.
SECTION 3. Title 21 (Zoning Code Regulations): Chapter 21.36 of the Campbell Municipal
Code is amended to add Section 21.36.243 as follows with underlining indicating new text
and strikeouts (c*r�ut) indicating deleted text:
21.36.243 — Tutoring centers.
This section provides locational and operational standards for 'tutoring centers large' and 'tutoring
centers, small' (hereinafter collectively referred to as 'tutoring centers') in compliance with Article 2 (Zoning
Districts):
A. Location. Tutoring centers in the C-2 (General Commercial) and/or P-D (Planned Development)
zoning district with a General Commercial, Commercial/Prof. Office and/or Residential
Commercial/Light Industrial, and/or Commercial/Medium-High Density Residential General Plan
Land Use Designation shall satisfy all of the following standards:
1. The tenant space is located in a professional office and/or medical service building (e.g. the
space does not have storefront windows, clear -span interiors or service areas typically
associated with a retail store):
2. The tenant space has not been occupied by a retail store in the past 12-months and
3. The tenant space is located in an area without high pedestrian/vehicle visibility and access
B. Operation. Tutoring centers established on or after the effective date of this ordinance regardless
of zoning district, shall abide by the following standards:
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Adoption of a Zoning Code Text Amendment (PLN2018-098)
1. Appointment only. Instruction shall oe provided by appointment only and scheduled at least
one -day in advance of the instruction:
2. Outdoor activities. All instructional activity shall occur within the interior of the tenant space
and
3. Noise. Sound generated within the tenant space regardless of decibel level shall not create
unreasonable noise which obstructs the free use of neighboring businesses_or residences
Further, doors shall be kept closed at all times instruction is provided
SECTION 4. Title 21 (Zoning Code Regulations): Subsection A of Campbell Municipal Code
Section 21.10.030 (P-O (Professional Office) Zoning District) is amended to read as follows
with underlining indicating new text and strikeouts (s you ) indicating deleted text:
A. Purpose of P-O (Professional office) Zoning District. The P-O zoning district is intended for the
development of professional offices in locations served by primary access, yet inappropriate for
commercial development because of the proximity to residential uses. The type of offices allowed in this
zoning district include administrative, professional, and research, and may provide customer service
instruction for personal or professional enrichment or be more corporate in nature. The P-O zoning district
is consistent with the professional office land use designation of the General Plan.
SECTION 5. Title 21 (Zoning Code Regulations): Subsection B of Campbell Municipal Code
Section 21.10.030 (P-O (Professional Office) Zoning District) is amended to read as follows
with underlining indicating new text and strikeouts (st Wi t) indicating deleted text:
B. Permitted uses in P-O (Professional office) Zoning District. The following uses are permitted with a
zoning clearance in compliance with Chapter 21.40 (Zoning Clearances):
Offices, professional
2. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter)
3. Schools—K-12, public
4. Tutoring centers, large, subject to Section 21.36.243:
5. _ Tutoring centers, small, subiect to Section 21.36.243:
64. Wireless telecommunications —stealth (requires approval of a site and architectural review permit).
SECTION 6. Title 21 (Zoning Code Regulations): Subsection C of Campbell Municipal Code
Section 21.10.050 (C-2 (General Commercial) Zoning District) is amended to read as
follows with underlining indicating new text and strikeouts (st keau ) indicating deleted text:
C. Uses allowed with conditional use permit in C-2 (General Commercial) zoning district. The following uses
are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Adult day care facilities;
2. Alternative fuels and recharging facilities;
3. Arcades;
4. Banquet facilities;
5. Bed and breakfast inns (only in historic structures);
6. Broadcast and recording studios;
7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom);
8. Cat and dog day care facilities;
9. Cat and dog grooming facilities;
10. Cat Boarding facilities;
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Adoption of a Zoning Code Text Amendment (PLN2018-098)
11. Check cashing;
12. Commercial day care centers;
13. Commercial schools;
14. Community/cultural/recreational centers;
15. Convalescent/rest homes;
16. Convenience markets/stores;
17. Conversion, commercial converted from residence;
18. Dancing and live entertainment;
19. Department stores;
20. Drive-in theaters;
21. Emergency shelters;
22. Equipment rental establishments;
23. Gasoline stations;
24. Golf courses and golf driving ranges;
25. Government offices and facilities (local, state or federal);
26. Grocery stores (greater than ten thousand square feet);
27. Hardware stores (greater than ten thousand square feet);
28. Health/fitness centers;
29. Hospitals;
30. Indoor amusement/entertainment/recreation centers;
31. Late night activities;
32. Liquor establishments (on -site consumption only);
33. Liquor stores (off -site consumption only);
34. Massage Establishments;
35. Medical services, clinics;
36. Medical services, extended care;
37. Miniature golf courses;
38. Motor vehicle - cleaning, washing, and detailing;
39. Motor vehicle - oil change facilities;
40. Motor vehicle - parts and supplies (very limited maintenance/installation);
41. Motor vehicle - renting and leasing;
42. Motor vehicle - sales (new and/or used);
43. Museums, public;
44. Music (recordings) stores;
45. Nightclubs with or without food service;
46. Outdoor active activities (e.g., drive -up windows);
47. Outdoor amusement/entertainment/recreation centers;
48. Outdoor retail sales and activities;
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Adoption of a Zoning Code Text Amendment (PLN2018-098
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49. Outdoor seating, when more than twelve total seats;
50. Payday lender, subject to the requirements of section 21.36.260;
51. Personal services, limited;
52. Pet stores;
53. Pharmacies/drug stores, with drive -up service;
54. Philanthropic collection trailers;
55. Public assembly uses;
56. Public utility structures and service facilities;
57. Public works maintenance facilities and storage yards;
58. Radio or television transmitters;
59. Radio stations;
60. Recycling facilities -Reverse vending machines, other than such machines with a permit issued
pursuant to Section 21.36.245;
61. Recycling facilities -Small collection facility, other than such facilities with a permit issued pursuant
to Section 21.36.245;
62. Restaurants with late night activities or banquet facilities;
63. Restaurants, fast food (with or without drive-in service);
64. Schools - K-12, private;
65. Second hand/thrift stores;
66. Shopping centers (greater than ten thousand square feet);
67. Sign shops;
68. Spa services;
69. Studios, large;
70. Studios, small;
71. Tanning studios;
72. Theaters, movie or performing arts;
73. Transitional housing;
74. Tutoring center, large. subiect to Section 21.36.243;
75. Tutoring center, small, subiect to Section 21.36.243;
76. Universities/colleges, private;
77. Veterinary clinics and animal hospitals;
78. Video rental stores;
79. Warehouse retail stores;
80. Wireless telecommunications facilities - non -stealth.
SECTION 7. 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.
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Adoption of a Zoning Code Text Amendment (PLN2018-098)
PASSED AND ADOPTED this day of 2019 by the following roll call
vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Wendy Wood, City Clerk