PC Res 3326RESOLUTION NO. 3326
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT
AMENDMENT TO CHAPTER 21.66 OF THE ZONING CODE TO
REQUIRE USES THAT ARE NON-CONFORMING DUE TO THEIR
LATE NIGHT OPERATIONS COME INTO COMPLIANCE WITH ALL
APPLICABLE REGULATIONS. FILE NO. PLN2000-177 (TA)
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 Planning Commission did find as follows
with respect to application PLN2000-177 (TA):
Recognizing the importance of evaluating proposals for late night uses on a
discretionary basis with regards to neighboring land uses, nature of the late night use,
and hours of operation, the City of Campbell requires an approved Conditional Use
Permit for uses that occur between 11:00 p.m. and 6:00 a.m. in a Commercial Zoning
District.
Late night uses that were in operation before the adoption of this requirement are
considered legal non-conforming uses and have been allowed to continue as a "grand
fathered" use.
o
The proposed amendment allows uses that are non-conforming due to their late night
operations to continue to operate with their existing hours for twenty-four months
from the date of the ordinance. After that time, in order to continue the late night
operation, the use must have an approved Conditional Use Permit.
The courts have recognized the right of cities to adopt reasonable amortization
periods for phasing out non-conforming uses, where the period is sufficiently long to
allow the property owner to amortize out his investment in the use.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
The proposed text amendment is consistent with the intent and purposes of the
Zoning Ordinance, which is to encourage the most appropriate use of land throughout
the city; to stabilize and conserve the value of property; to provide adequate light, air
and reasonable access; to secure safety from fire and other dangers; to prevent
overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provision for transportation, water, sewerage, schools, parks and other
public health, safety, peace, morals, comfort, and welfare, all in accordance with a
comprehensive zoning code and general plan; and
Planning Commission Resolution No. 3326
PLN2000-177 (TA) - Non-conforming late night operations (Chapter 21.66)
Page 2
2. The proposed text amendment is consistent with the intent and purposes of Chapter
21.66 of the Campbell Municipal Code on Non-Conforming Uses; and
The proposed text amendment is consistent with the development policies and
objectives of the General Plan by phasing out uses that are non-conforming due to
their late night hours and/or requiring such uses to apply for a Conditional Use Permit
to continue their operations.
The Planning Commission does hereby recommend that the City Council adopt the attached
Ordinance enacting the necessary legislation to make the proposed text amendment effective.
PASSED AND ADOPTED this 27th day of February, 2001, by the following roll call vote:
AYES: Commissioners: Doorley, Francois,
Lindstrom and Lowe
NOES: Commissioners:: None
ABSENT: Commissioners:: None
ABSTAIN: Commissioners:: None
Gibbons, Hemandez, Jones,
Sharon Fierro, Secretary
strom, -Chair
Exhibit # 1
Recommended Amendment:
It is recommended that the following language be added to Section 21.66.020 of the
Campbell Municipal Code in the Chapter on Nonconforming Uses and section on
Continuation and Change of Use:
D. Any use which is non-conforming with regard to its hours of operation shall come
into compliance with all applicable regulations o.f this Chapter within twentF-.four
months o. f the later o.f:
4. The effective date of the ordinance adopting this provision; or
5. The date that the use became non-conforming.
Note:
Added language is in italics