CC Resolution 12898 - Semi Permanent Parklet ProgramRESOLUTION NO. 12898
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AMENDMENTS TO THE A SEMI-
PERMANENT PARKLET PROGRAM GUIDE. FILE NO.: PLN-2022-
39
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 to the proposed amendments to the Semi -
Permanent Parklet Program Guide (PLN-2022-39):
The proposed amendments to the Semi -Permanent Parklet Program Guide may be
approved concurrently, and subject to, proposed amendments to Chapter 11.15
(Parklets in the Public Right -of -Way) to the Campbell Municipal Code;
2. 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;
3. Amendments to the Semi -Permanent Parklet Program Guide 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: 1) the project is exempt
pursuant to a categorical exemption; and 2) the application of that categorical exemption
is not barred by one of the exceptions set forth in Sec. 15300.2 (Sec. 15061(b)(2));
4. In review of the CEQA statute, the project may be found categorically exempt under
Section 15301 (Existing Facilities) given that it would result in only minor alterations of
existing public or private facilities (e.g., alterations to streets, sidewalks, and parking
facilities) and negligible expansion of existing uses (parklets expand on outdoor dining
activities already allowed in the City). The project may also be found categorically exempt
under Section 15311 (Accessory Structures) given that it would only allow for the
construction or placement of minor structures accessory to existing commercial facilities
(parklets would only be allowed in association with a "bona fide public eating place").
Further, as none of the exceptions set forth in Sec. 15300.2 apply (i.e., not in a
particularly sensitive environment, the cumulative impact of the project is not significant,
there is no reasonable possibility that the project will have a significant impact due to
usual circumstances, impact scenic highways, the project would not impact a hazardous
waste site, does not result in a substantial adverse change in the significance of a historic
resource) staff has recommended the decision -making body find the project categorically
exempt under CEQA;
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The Semi -Permanent Parklet Program Guide, as amended, is consistent with the goals,
policies, and actions of the General Plan;
2. The Semi -Permanent Parklet Program Guide, as amended would not be detrimental to the
public interest, health, safety, convenience, or general welfare of the City;
City Council Resolution No 12898. Page 2 of 2
PLN-2022-39 — Approving Amendments to the Semi -Permanent Parklet Program Guide
3. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as presented, will have a significant adverse impact
on the environment; and
4. The project is categorically exempt under CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts a Resolution approving
the adoption of a Semi -Permanent Parklet Program Guide as set forth in attached Exhibit
A-1 with underlining (i.e., underlining) indicating new text and strikeouts (i.e., srtkee�ts)
indicating deleted text, except for Appendix A which is added new in its entirety. This
Resolution shall become effective November 4, 2022, contingent on the passage and
adoption of the associated Ordinance amending Chapter 11.15 (Parklets in the Public Right -
of -Way) to the Campbell Municipal Code.
PASSED AND ADOPTED this 4th day of October, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Resnikoff
NOES: COUNCILMEMBERS: Bybee
ABSENT: COUNCILMEMBERS: None
APPy Eq-1011-01
Paul Resnikoff, Maya
ATTEST:
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Andrea Sanders, Vy Clerk