PC Res 4491RESOLUTION NO. 4491
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING A ZONING CODE
AMENDMENT (PLN2019-011) TO AMEND CAMPBELL MUNICIPAL
CODE ("CMC") CHAPTER 21.72 (DEFINITIONS) TO CORRECTLY
REFERENCE THE TERM SEXUALLY ORIENTED BUSINESSES
WHERE ADULT OR ADULT ORIENTED BUSINESSES ARE
REFERENCED AND TO AMEND THE DEFINITION OF RETAIL
STORES, GENERAL MERCHANDISE, TO INCLUDE SEXUALLY -
ORIENTED MEDIA AND EROTIC DEVICES IN THE LIST OF
MERCHANDISE, WITH A CROSS REFERENCE TO AN
ASSOCIATED AMENDMENT TO CHAPTER 5.55 WHICH WOULD
ALLOW SUCH ACTIVITY WHEN CERTAIN CRITERIA AND
STANDARDS ARE SATISFIED.
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 PLN2019-011:
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 Zoning Code
amendment would serve to correctly reference the term sexually oriented businesses
where adult oriented businesses are indicated and amend the definition of retail stores,
general merchandise, to include sexually -oriented media and erotic devices in order to
be internally consistent with an associated Ordinance adopting a Text Amendment
(PLN2019-054) to amend Campbell Municipal Code ("CMC") Chapter 5.55 (Sexually
Oriented Businesses Regulations). Therefore, staff recommends that the proposed
Zoning Code 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. On November 5, 2018 the City Council reviewed a request for a waiver of application
fees required to extend the approval of a sexually oriented retail establishment (d.b.a.
Pleasures from the Heart) located at 1565 S. Winchester Boulevard. After deliberation,
the Council unanimously approved the fee waiver and authorized staff to return with
amendments to the Campbell Municipal Code which would allow the business to remain
in their current location indefinitely.
Planning Commission Resolution No. 4491 Page 2 of 3
Recommending Adoption of a Zoning Code Amendment (PLN2019-011)
3. The subject Zoning Code Amendment serves to correct terminology and provide
necessary cross references to an associated Ordinance adopting a Text Amendment
(PLN2019-054) to amend Campbell Municipal Code ("CMC") Chapter 5.55 (Sexually
Oriented Businesses Regulations) as directed by the City Council.
4. A copy of the associated Ordinance adopting a Text Amendment (PLN2019-054) to
amend Campbell Municipal Code ("CMC") Chapter 5.55 (Sexually Oriented Business
Regulations) has been provided for reference.
5. The Zoning Code Amendment is narrowly drafted and serves to correct internal
inconsistencies.
6. The Zoning Code Amendment will be consistent with the rest of the CampL-3ll Jlunicipal
Code with the adoption of the associated Ordinance adopting a Text Amendment
(PLN2019-054) to amend Campbell Municipal Code ("CMC") Chapter 5.55 (Sexually
Oriented Businesses Regulations).
7. 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.
8. Review and adoption of the Zoning Code 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:
Zoning Code Amendment Findings (CIVIC Section 21.60.070):
1. The proposed 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 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
Code -land
Environmental Finding(s):
4. The Zoning Code 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
Planning Commission Resolution No. 4491
Recommending Adoption of a Zoning Code Amendment (PLN2019-011)
Page 3 of 3
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
Amendment.
PASSED AND ADOPTED this 9th day of April, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
Rivlin, Krey, Hines
Ching
Ostrowski, Rich
APPROVED:
ATTEST: aX I `/ -
Paul ermoyan, Secretary
Exhibit A
Ordinance No.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADOPTING A ZONING CODE AMENDMENT (PLN2019-011) TO AMEND CAMPBELL
MUNICIPAL CODE ("CMC") CHAPTER 21.72 (DEFINITIONS) TO CORRECTLY
REFERENCE THE TERM SEXUALLY ORIENTED BUSINESSES WHERE ADULT OR
ADULT ORIENTED BUSINESSES ARE INDICATED AND TO AMEND THE DEFINITION
OF RETAIL STORES, GENERAL MERCHANDISE, TO INCLUDE SEXUALLY -ORIENTED
MEDIA AND EROTIC DEVICES IN THE LIST OF MERCHANDISE, WITH A CROSS
REFERENCE TO AN ASSOCIATED AMENDMENT TO CHAPTER 5.55 WHICH WOULD
ALLOW SUCH ACTIVITY WHEN CERTAIN CRITERIA AND STANDARDS ARE
SATISFIED.
After notification and public hearing, as specified by law and after present ,tir I 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 Zoning Code 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 Zoning Code Amendment has no potential for resulting in
a significant effect on the environment, directly or indirectly (Sec. 15061(b)(3)). This
determination is made, in part, on the basis that the Ordinance serves to correctly reference
existing terminology and in consideration that sexually oriented media and/or erotic devices
are not particularly hazardous (e.g. explosive, flammable and/or combustible, oxidizing,
toxic, corrosive) when compared to products sold by existing/permitted retail uses in the City
of Campbell, and therefore the sale of such goods would therefore result in an equal or
lesser impact to the environment.
SECTION 2. The City Council finds and determines that it is not the intent of the City of
Campbell in enacting this ordinance, or any provision thereof, to condone or legitimize the
distribution of obscene material, and the City of Campbell recognizes that state law prohibits
the distribution of obscene materials and expects and encourages law enforcement officials
to enforce state obscenity statues against such illegal activities in the City of Campbell.
SECTION 3. The City Council finds and determines that nothing in this Ordinance is
intended to authorize, legalize, or permit the establishment, operation, or maintenance of
any business, building, or use which violates any City ordinance or any statue of the State
of California regarding public nuisances, unlawful or indecent exposure, sexual conduct,
lewdness, obscene or harmful matter or the exhibition or public display thereof.
SECTION 4. The City Council further finds and determines that the proposed Zoning Code
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 with
the adoption of the associated Ordinance adopting a Text Amendment (PLN2019-054) to
City Council Ordinance No. Page 2 of 4
Adoption of a Zoning Code Amendment (PLN2019-011)
amend Campbell Municipal Code ("CIVIC") Chapter 5.55 (Sexually Oriented Businesses
Regulations).
SECTION 5. Section 21.72.020 (Definitions of specialized terms and phrases.) of the
Campbell Municipal Code is amended to revise the definition of "Bookstore" to read as
follows with underlining indicating new text and strikeouts (sseut) indicating deleted text:
"Bookstore" means a retail establishment primarily engaged in the sale, rental, or other charge -for -
use of books, magazines, newspapers, and other printed conveyed information or media, excluding any
adult bookstore selling adult material ("aduft sexually oriented businesses").
SECTION 6. Section 21.72.020 (Definitions of specialized terms and phrases.) of the
Campbell Municipal Code is amended to revise the definition of "Indoor
amusement/entertainment/recreation centers" to read as follows with underlining indicating
new text and strikeouts (s#ikeeut) indicating deleted text:
"Indoor amusement/entertainment/recreation centers" means indoor establishments providing
amusement/entertainment/recreation services for a fee or admission charge, including: arcades
emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance
halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than being
subordinate to a bar or restaurant; ice skating, and roller skating; skatebBoard ramps, and trampoline
centers. Does not include "adult sexually oriented businesses" which is separately defined.
SECTION 7. Section 21.72.020 (Definitions of specialized terms and phrases.) of the
Campbell Municipal Code is amended to revise the definition of "Public assembly uses" to
read as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
"Public assembly uses" means a facility or place where groups of people gather for civic,
educational, political, religious, or social purposes. "Public assembly uses" include the following:
Auditoriums;
2. Conference centers;
3. Convention and exhibition halls;
4. Lecture halls;
5. Meeting halls;
6. Religious institutions.
Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or
concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "Ad-L44
Oriented BusiRessessexually oriented bSusinesses." Public assembly uses shall comply with the
provisions of Section 21.36.170.
SECTION 8. Section 21.72.020 (Definitions of specialized terms and phrases.) of the
Campbell Municipal Code is amended to revise the definition of "Retail stores, general
merchandise" to read as follows with underlining indicating new text and strikeouts
(stF+keeut) indicating deleted text:
"Retail stores, general merchandise" means retail trade establishments selling many lines of
merchandise. These stores and lines of merchandise include:
City Council Ordinance No. Page 3 of 4
Adoption of a Zoning Code Amendment (PLN2019-011)
1. Art stores/ galleries;
2. Antiques;
3. Artists' supplies;
4. Bakeries (retail only);
5. Boat supplies;
6. Beauty supply;
7. Bicycles;
8. Cameras and photographic supplies;
9. Candy stores;
10. Clothing and accessories;
11. Collectibles;
12. Drug and discount stores;
13. Fabrics and sewing supplies;
14. Florists and houseplant stores (indoor sales only -outdoor sales are "garden centers/plant
nurseries");
15. Gifts, novelties and souvenirs;
16. Delicatessens;
17. Handcrafted items (stores may include crafting preparations subordinate to retail sales);
18. Hobby materials;
19. Jewelry;
20. Luggage and leather goods;
21. Meat market;
22. Newsstands;
23. Orthopedic supplies;
24. Photography studio/supply shops;
25. Sexually oriented media and/or erotic devices pursuant to CMC Section 5.55.045,
26.2-,r,--. Shoes;
27. 2� Small wares;
28. 2-7- Specialty shops;
29. 2-8- Sporting goods and equipment;
30. 2-9-� Stationery;
31. 39- Toys and games;
32. 3-1-. Variety stores.
SECTION 9. Section 21.72.020 (Definitions of specialized terms and phrases.) of the
Campbell Municipal Code is amended to revise the definition of "Theaters, movie or
performing arts, and concert halls" to read as follows with underlining indicating new text
and strikeouts (s eout) indicating deleted text:
"Theaters, movie or performing arts, and concert halls" means indoor facilities for public assembly
and group entertainment, other than sporting events, including: public and semi-public auditoriums; civic
City Council Ordinance No.
Adoption of a Zoning Code Amendment (PLN2019-011)
Page 4 of 4
theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly
uses. Does not include uses categorized as ' Adult Oriented Businessessexually oriented bBusinesses"
or as "Public Assembly Uses."
SECTION 10. 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.
PASSED AND ADOPTED this
vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ATTEST:
Wendy Wood, City Clerk
day of
, 2019 by the following roll call
I_1a,CZ01VI: 1113
Richard M. Waterman, Mayor