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PC Res 2821RESOLUTION NO. 2821 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE AMENDING CHAPTERS 21.02, 21.06, 21.22, 21.26, 21.72. CITY INITIATED APPLICATION, PLANNING FILE NO. 92-02. After notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the City Attorney, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to amend Chapters 21.02, 21.06, 21.22, 21.26, 21.72 to the Campbell Municipal Code. The sale of alcohol with floral arrangements and gift baskets is similar to other permitted uses in Commercial Zoning Districts. The proposed criteria setforth in Chapter 21.72 as amended outlines findings for the Planning Commission in reviewing requests for liquor establishments. The proposed Text Amendments provides for greater consistency in the review of restaurants and business's selling or serving alcohol. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed amendments are consistent with the Zoning and General Plan for the City of Campbell. o The amended review procedures enables a review and decision by the Planning Commission for most businesses selling or serving alcohol. o The amended review procedures allows for public input and participation in the decision making process when appropriate. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendments effective. Planning Commission Resolution No. 2821 Pa~e -2- October 27, 1992 PASSED AND ADOPTED the 27th day of October 1992, the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alne, Fox, Perrine, Dougherty None Meyer-Kennedy, Wilkinson, Higgins None APPROVED: David Fox Chairperson ATTEST: Steve Piasecki ' Secretary ATTACHMENT "A" SUMMARY OF PROPOSED CHANGES TO CHAPTER 21.02, 21.06, 21.22, 21.26, 21.72 OF THE CAMPBELL MUNICIPAL CODE Chapter 21.02 Definitions 1. Chapter 21.02.110 is amended to read: Section 21.02.110 Business, retail. "Retail business" means retail sale of any article, substance or commodity for profit or livelihood, conducted within a building but not including liquor stores, the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (Ord. 1617 S1 (part), 1986). Section 21.02.233 is added to Section 21.02 of the Campbell Municipal Code, to read: Section 21.02.233 Liquor Store. An activity that is primarily devoted to the selling of alcoholic beverages, including..beer and wine, for consumption off the premises. Chapter 21.06 Planned Development Permit Section 21.06.070 is stricken as it presently reads and amended to read as follows: 21.06.070 Projects which may be approved by a use permit. The following projects or uses may be considered and approved by the Planning Commission in accordance with the provisions of Chapter 21.72 of this Title: go Projects in an existing Planned Development zoning district which have an estimated construction value to be established by the building department of less than fifty thousand dollars; Attachment "A' Page -2- November 17, 1992 o Bo The establishment of a use in an existing building when no development plans are required; The use of property for a liquor establishment, including any business, private club, or other activity that offers for sale any product containing alcohol for human consumption, either on or off the premises for which a license or permit is required from the State Alcoholic Beverage Control Department. Section 21.06.100 is amended as follows: 21.06.100 Action by the planning commission. go The planning commission shall hold a public hearing on a planned development application. The hearing shall be noticed as prescribed in Chapter 21.78, (public hearing notice procedures). B° Following public hearing and within, sixty .days after the acceptance of the applic'ation for a planned develOpment pei-mit, 'the plattning commission shall report its findings and recommendations to the city council by resolution, unless the application is continued with the concurrence of the applicant, in which case the sixty-day period may be exceeded. The commission may recommend approval of the proposed development if it finds that all of the following criteria have been satisfied with regard to the elements set forth in Section 21.06.060: 1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning classifications; 2. The proposed development would be compatible with the general plan of the city and will aid in the harmonious development of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; 4. The proposed development would not be detrimental to the health, safety, or welfare of the neighborhood or of the city as a whole. In recommending approval, the commission may also recommend conditions as it deems reasonable and necessary under the circumstances to carry out the intent of this chapter and the general plan. The commission may also recommend time limits within Attachment "A" Page -3- November 17, 1992 Co which the condition must be fulfilled and the proposed development started and completed. Following the hearing and within sixty days after the acceptance of the application for a use permit, pursuant to Chapter 21.06.070, the planning commission shall make a determination in accord with Chapter 21.72 of this title. ¢"~'~' ......................................... Chapter 21.22 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT 1. Section 21.22.020 is relettered and amended to read as follows: 21.22.020 Uses permitted without use permit. The following uses are permitted subject to approval in accordance with the provisions of Chapter 21.42 "S" Site and Architectural Review Area, provided such uses are conducted entirely within an enclosed building. Ao B. C. D. E. F. G. H. I. Jo N. Bakery; Barber shop or beauty parlor; Branch bank; Clothes cleaning agency or pressing establishment; Candy stores; Customer dressmaking or millinery shop (no factory); Drug store; Dry goods or notions store; Florist or gift shop (products containing alcohol may be included in gift baskets, flower arrangements, or other similar uses as approved by the Planning Director, upon finding that the sale of alcohol would be incidental to the primary business activity on the site. Business permitted sell alcohol in accordance with this section must obtain the required licenses or permits from the State Alcoholic Beverage Control Department. Uses meeting the definition of a liquor store as defined by section 21.02.233 of the Campbell Municipal Code shall not be considered as florist or gift shop.) Furniture store; K. Hardware or electric appliance store; L. Jewelry store; M. Laundry agency or launderette; N. Meat market or delicatessen; O. Office, business or professional; Attachment "A" Page -4- November 17, 1992 Q- P. Photographer, studio and supply store; 1~- Q. Public parking area, when located and developed as required in Chapter 21.50, Parking and Loading; fi,- R~:. Restaurants or cafes (excluding fast food or drive-in establishments, dancing, entertainment, and the sale of alcoholic beverages) :F-,-S. Shoe store and shoe repair, shop; ~d-. T. Tailor, clothing or wearing apparel shop; ~- U. Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1617 SI(part), 1986). Section 21.22.030 is relettered and amended to read as follows: 21.22.030 Uses permitted with use permit. The following uses are permitted subject to approval of a conditional use permit as prescribed in Chapter 21.72, Conditional Uses, provided that such uses must be conducted wholly within an enclosed building unless otherwise aPproved: '" ' A. Those uses specified in Section 21.72.120, Additional Uses Permitted; B. Arcade, as defined in Section 5.30.010; C. Auto sales and leasing; D. Automobile service stations, subject to compliance with all of the following standards and conditions: 1. Minimum net lot area of seventeen thousand square feet, 2. There shall be minimum setbacks as follows: a. Twenty-five feet from street property lines to structures other than pump islands and canopies b. Fifteen feet from street property line to pump islands and canopies c. Ten feet from side and rear property lines for all structures, 3. Except as hereinafter provided, only those products pertaining to automotive use may be sold, and all operations and display of merchandise shall be within an approved structure, except those required for the dispensing of gasoline, propane, water and air and the replenishment of oil. The installing of refreshment and cigarette vending machines, or telephone booths are permitted. The sale of either retail or wholesale of other products or materials shall be permissible upon such conditions as the commission may establish, including area, structural design of structures where the products Attachment "A' Page -5- November 17, 1992 Eo F. G. H. Mo Lo No and materials are displayed and sold, and the effect upon the traffic and safety. Such use, if granted, shall be subject to the business license provisions of this code, independent and separate from the license granted for a service station operation, 4. Exterior lighting must be erected and maintained so as to cast no glare upon any adjacent property or public right-of- way, 5. Structures shall be in conformity with neighborhood architecture as determined by planning commission, and subject to "S" approval; Auto tune-up or muffler shop; Bookstore; Commercial schools; Conversion of a residential structure for office and/or commercial use; Dancing and entertainment, subject to compliance with the following conditions: 1. Must be associated with restaurant, cafe or bar, 2. Shall be in a location where sue will be compatible with surrounding development, 3. The type of entertainment shall be specified in the application and approved by the planning commission, 4. A permit shall be issued only to the person operating the business and shall not be transferable to any subsequent owner or operator, 5. The permit may be issued only after a report by police chief indicating that applicant has reputation for compliance with laws and regulations of city; 6. The permit may be suspended or revoked by city council after public hearing for which notice has been given to the permittee and property owner. At the public hearing, the city council shall consider the report of the chief of police and such other information as may be presented; Fast Food or Drive-In Restaurants Grocery Stores and Convenience Markets Indoor commercial recreational facilities such as, but not limited to, health spas, gyms, tennis, racquetball and handball; Late night uses occurring between ll.p.m, and 6 a.m. Liquor establishments, other than those establishments permitted to sell alcoholic beverages under Section 21.22.020., including any business, private club, or other activity which offers for sale any product containing alcohol for human Attachment "A' Pa~e -6- November 17, 1992 consumption, either on or off the premises and for which a license or permit is required by the State Alcoholic Beverage Control Department. I~- O. Massage establishment as defined in Section 5.30.010; 5.~. P. Nursery and/or garden center; N. Q. Pet clinic, subject to compliance with the following conditions: 1. Treatment at such clinic shall be confined to small animals, such as dogs, cats, birds and the like, 2. All animals shall be treated on an outpatient basis and no overnight boarding shall be permitted except that three to five animals may be kept overnight on the premises for treatment purposes only, 3. The entire clinic, including treatment rooms, cages or pens shall be maintained with a completely enclosed, soundproof building constructed of materials which will insure that no sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall also be provided with air-conditioning which is adequate to prevent the necessity of opening doors and windows for ventilation purposes, 4. The clinic shall be designed and operated in such a manner as to guarantee that no objectionable odors or for the off-site disposal of all dead animals and of all waste materials shall be made in compliance with county health standards. The removal of such waste material and dead animals on the premises, 5. The proposed operation shall be located no closer than fifty feet to any residentially zoned property, 6. The planning commission shall have the authority to determine the normal hours of operation for each such clinic dependent on location; however, emergency calls after hours shall not be prohibited, 7. The planning commission shall find that the use in the proposed location is compatible with other uses in the surrounding area, 8. Pet clinics shall comply with other state, county, and city ordinances, or portions thereof, which pertain to the use or zone wherein such use is conducted; G~ R. Product and prototype design; ~ S. Tanning studios; ~. T. Other uses similar to the above, pursuant to Section 21.59.070. (Ord. 1617 SI(part), 1986). Attachment "A" ,Pai~e -7- November 17, 1992 Chapter 21.26 C-3 CENTRAL BUSINESS DISTRICT 1. Section 21.26.020 is renu~bered and amended to read as follows: 21.26.020 Uses permitted without use permit. The following uses are permitted without a use permit provided such uses comply with all provisions of this chapter and are conducted entirely within an enclosed building unless otherwise approved, in accordance with Section 21.26.030: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) {1 ~ (10~ Antique store; Art gallery; Bakery; Barber shop or beauty parlor; Clothes cleaning or pressing agency; Clothing or shoe store; Custom dressmaking, tailor or millinery shop (no factorY); Department store; Drug store; Dry goods or notions store; Fabric store; Florist or gift shop; (products containing alcohol may be included in gift baskets, flower arrangements, or other similar uses as approved by the Planning Director, upon finding that the sale of alcohol would be incidental to the primary business activity on the site. Business permitted to sell alcohol in accordance with this section must obtain the required licenses or permits from the State Alcoholic Beverage Control Department. Uses meeting the definition of a liquor store as defined by section 21.02.233 of the Campbell Municipal Code shall not be considered as florist or gift shop.) Food store; Furniture, electronics or appliance store; (15) Hardware store; (16) Hobby or crafts store; (17) Jewelry store; (18) Luggage or leather goods store; (19) Meat market or delicatessen; (20) Offices, including administrative, executi,ve, financial, real estate, general business and professional, except on the ground floor for parcels abutting E. Campbell Avenue east of Second Street; Attachment "A" Page -8- November 17,1992 t'~'~ (21) ~'~=~ (22) r'~,~ (23) ~'~=~ (24) ~ (25) (27) (26) ~Q~ (2~ ~ (28) ~=m (29) (30) ~=~ (31) Pet shop; Photographic studio or photo processing; Plant store; Print or publishing shop; Restaurant (standard restaurant only); Shoe repair; Sporting goods store; Travel agency; Variety/general merchandise store; Video rental store; Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1732 Sl(Exh. A(part), 1988). Section 21.26.030 is renumbered and amended to read as follows: 21.26.030 Uses permitted with use permit. The uses listed below are permitted subject to approval of a conditional use permit as prescribed in Chapter 21.72, Conditional Uses; provided, that such uses must be conducted wholly within an enclosed building unless otherwise approved. Any use permit approved by the planning commission in the C-3 zoning district shall be referred to the city council for ratification. Use permits approved under the provisions of this section shall not become effective unless and until such ratification is given: (1) (2) (3) (4) (5) (6) (8) (7) (9) (10) (11) Those uses specified in Section 21.72.120, Additional Uses Permitted; Arcade (containing amusement devices and games); Bank or similar financial institution; Bookstore; Fast food restaurants; Grocery Stores and Convenience Markets Health spa or figure salon; Late night uses occurring between 11 p.m. and 6 a.m. Liquor establishments, other than those establishments permitted to sell alcoholic beverages under Section 21.26.020, including any business, private club or other activity which offers for sale any product containing alcohol for human consumption, either on or off the premises, and for which a license or permit is required by the State Alcoholic Beverage Control Department. Night club or live entertainment; Offices, including administrative, executive, financial, real Attachment "A" Page -9- November 17, 1992 estate, general business, and professional located on the ground floor of parcels abutting E. Campbell Avenue east of Second Street; (12) Record store; (13) Residential condominiums or apartments (upper floors only); (14) Parking lot or structure; (15) Secondhand or thrift store; (16) Theater; (17) Uses conducted outside of buildings, subject to the following: (A) The outside use shall not obstruct any public right-of-way, (B) The outside use shall be limited to an area specifically set forth in the conditional use permit, and to the use set forth therein, (C) The outside use shall be designed and maintained in a manner that is aesthetically harmonious with the surrounding structures, (D) The outside use shall be operated, designed and maintained in a manner to prevent any obnoxious or offensive noises or odors from being perceptible beyond the boundaries of the property; (18) Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1732 Sl(Exh. A(part), 1988). Chapter 21.72 CONDITIONAL USES A. Section 21.72.052 is added to Chapter 21.72 and reads: 21.72.052. Special findings for liquor establishments Whenever a use permit is required for a liquor establishment by this Title, the planning commission must find all the following conditions in addition those findings set forth in Section 21.72.050., are satisfied in order to grant the Use Permit: The establishment will not result in an over concentration of such uses in the area. The establishment will not create a nuisance due to noise, litter, vandalism, traffic, or other factors. 3_ The establishment will not significantly disturb the peace and enjoyment of nearby residential neighborhood. 4_ The establishment will not significantly increase the demand on City services. ATTACHMENT "B" TO: FROM: DATE: SUBJECT: Mayor and Members of the City Council Curtis Banks, Planner II November 17, 1992 Modification to Attachment "A" -- TA 92-02 Chapter 21.02 Definitions 1. Chapter 21.02.110 is amended to read: Section 21.02.110 Business, retail. "Retail business" means retail sale of any article, substance or commodity for profit or livelihood, conducted within a building but not including liquor stores, convenience markets, the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (Ord. 1617 S1 (part), 1986). Section 21.02.127 Convenience Market. A "Convenience Market" is a market whose primary activity is the retail sale of food, beverages, and small personal items, predominatel¥ for off-premises consuption and typically found in establishments with long or late hours of operation and in relatively small buildings; but excluding delicatessens and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat. Chapter 21.26 Central Business District 1. Chapter 21.26.020 is amended to read: 21.26.020 Uses permitted without use permit. The following uses are permitted without a use permit provided such uses comply with all provisions of this chapter and are conducted entirely within an enclosed building unless otherwise approved, in accordance with Section 21.26.030: (1) Antique store; (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) Art gallery; Bakery; Barber shop or beauty parlor; Clothes cleaning or pressing agency; Clothing or shoe store; Custom dressmaking, tailor or millinery shop (no factory); Department store; Drug store; Dry goods or notions store; Fabric store; Florist or gift shop; (products containing alcohol may be included in gift baskets, flower arrangements, or other similar uses as approved by the Planning Director, upon finding that the sale of alcohol would be incidental to the primary business activity on the site. Business permitted to sell alcohol in accordance with this section must obtain the required licenses or permits from the State Alcoholic Beverage Control Department. Uses meeting the definition of a liquor store as defined by section 21.02.233 of the Campbell Municipal Code shall not be considered as florist or gift shop.) Feed ~.ero; Furniture, electronics or appliance store; Hardware store; Hobby or crafts store; Jewelry store; Luggage or leather goods store; Meat market or delicatessen; Offices, including administrative, executive, financial, real estate, general business and professional, except on the ground floor for parcels abutting E. Campbell Avenue east of Second Street; Pet shop; Photographic studio or photo processing; Plant store; Print or publishing shop; Restaurant (standard restaurant only); Shoe repair; Sporting goods store; Travel agency; Variety/general merchandise store; Video rental store; Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1732 Sl(Exh. A(par0, 1988).