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).