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PC Res 3735RESOLUTION NO. 3735 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE THE CITY OF CAMPBELL ZONING CODE UPDATE - PHASE II, WHICH INCLUDES TEXT AND DIAGRAM AMENDMENTS TO THE ZONING CODE (TITLE 21 OF THE CAMPBELL MUNICIPAL CODE) SPECIFICALLY CHAPTER 21.58 AND SECTION 21.36.140 PERTAINING TO AUTO RELATED USES). After notification and public hearing as specified by law on the proposed City of Campbell Zoning Code Update -Phase II, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of the Zoning Code Update -Phase II, which includes text and diagram amendments to the Zoning Code (Title 21 of the Campbell Municipal Code) specifically Chapter 21.58 and Section 21.36.140 are warranted based upon the following findings: The Zoning Code embodies the zoning regulations which identify the procedures and requirements for filing, reviewing, processing, approving, and implementing development applications while implementing the goals, policies, and strategies of the 2001 Campbell General Plan. 2. In May 2004, the City Council adopted Phase I of the Zoning Code Update which included a comprehensive update of the City's Zoning Code. 3. Phase II of the Zoning Code Update will address items that were not completed during Phase I, policy issues, and various code implementation issues that have arisen since the adoption of the revised Zoning Code in May 2004. 4. The City Council held three study sessions to address several policy issues that are a part of Phase II, including: sign regulations; noise regulations; and the code enforcement regulations. 5. The Planning Commission held one study session to provide specific direction on the code enforcement regulations and sign regulations. 6. The amendments to Zoning Code include text and diagram changes in the following: the Fence regulations; Enforcement Chapter; Site and Architectural Review Chapter; numerous permit processes and procedures (Article 5, Zoning Code Administration and Article 4, Land Use/Development Review Procedures); a new administrative decision process for discretionary staff level review and decisions; Tree Removal Regulations; Wireless Telecommunications Facilities Chapter; a 24-month amortization of legal non-conforming motor repair facilities; Sign Chapter; Planned Development Zoning District; and miscellaneous clerical errors. Planning Commission Resolution 3735 Recommending Approval of the Zoning Code Update -Phase II Specifically Chapter 21.58 and Section 21.36.140 Page 2 7. A majority of the proposed amendments are to address changes to permit processes and procedures which affect many sections of the code through cross- referencing within the Code. 8. The City recognizes the economic need for a sign to function as a means of business and product identification, as well as to communicate messages of a non- commercial nature. However, the unregulated proliferation of signs creates a cluttered visual environment and can impede the free and safe flow of vehicular and pedestrian traffic, unnecessarily detracting from the public health, safety, and welfare in a manner that is indecent and offensive to the senses by unnecessarily cluttering the environment and constituting a public nuisance. 9. The proliferation of manual and/or electronic readerboard signs would detract from the visual quality of the City due to their potential to be visually cluttered and distracting. These types of signs also have the potential to create distractions to pedestrians and motorists if used in an animated fashion at inappropriate locations. The over proliferation of such signs will create a chaotic environment that is not architecturally compatible with the buildings and their surrounding environment within the community. However, the City recognizes that readerboard signs have a generally greater utility for theater of concert hall types of uses that have constantly changing offerings. In order to allocate the availability of readerboard signs in a manner that reduces uncontrolled proliferation, it makes sense to allocate the signs to the types of uses, such as theaters, for which they have a greater utility. 10. The regulation of signs along freeways and expressways is necessary to promote the safety and recreational value of public travel, and avoid visual clutter that detracts from the environment. However, the City recognizes that certain land uses, such as gasoline stations, hotels and motels, larger retail establishments that tend to have a regional draw, and larger regional commercial schools can be more dependent on freeway oriented signs than other types of uses. In order to allocate the availability of freeway oriented signs in a manner that reduces uncontrolled proliferation, it makes sense to allocate the signs to the types of uses, such as gasoline stations, hotels and motels, larger retail establishments that tend to have a regional draw, and larger regional commercial schools, for which such signs have a greater utility. 11. While the City recognizes the traditional placement of signs and advertising on vehicles that are regularly used for transportation by businesses and individuals, the City is also aware of an apparently increasing practice of using vehicle-mounted signs as de facto freestanding signs and off-site signs that are not used primarily for transportation, but used primarily as an additional sign in an effort to circumvent the uniform regulations that would apply to the sign if it were not on a vehicle. Planning Commission Resolution 3735 Recommending Approval of the Zoning Code Update -Phase II Specifically Chapter 21.58 and Section 21.36.140 Page 3 Consequently, the City recognizes the need to regulate vehicle signs in order to evenly, fairly and effectively apply the City's sign regulations to everyone. 12. The City is dedicated to the expedient processing of applications for sign permits, so as to afford everyone the certainty of a timely decision. However, the steps necessary to process a sign application include the inspection of the site, review of the plans to determine if the signs will comply with the Sign regulations, and written notification by the Community Development Director. In addition, hearings before the Planning Commission entail public noticing, in compliance with the requirements of Chapter 21.64 (Public Hearings); and hearings before the City Council require public noticing, in compliance with the requirements of Chapter 21.64 (Public Hearings), and a recommendation by the Planning Commission. Consequently, the minimum, reasonable time frames to complete review of an application is thirty (30) days for decisions by the Community Development Director, forty-five (45) days for decisions by the Planning Commission, and sixty (60) days for decisions by the City Council. 13. An Initial Study and a Negative Declaration have been prepared for this project concluding that there are no significant impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed text and diagram amendments are consistent with the intent and purposes of the Zoning Ordinance, which is to implement the policies of the Campbell General Plan by classifying and regulating the uses of land and structures within the City to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the City. 2. The Zoning Code Update -Phase II will result in a Zoning Code which is more internally consistent. 3. The proposed amendments are consistent with the City of Campbell General Plan. 4. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 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. Planning Commission Resolution 3735 Recommending Approval of the Zoning Code Update -Phase II Specifically Chapter 21.58 and Section 21.36.140 Page 4 IT IS HEREBY RESOLVED that the Planning Commission of the City of Campbell recommends approval of the City of Campbell Zoning Code Update -Phase II, which includes text and diagram amendments to the Zoning Code (Title 21 of the Campbell Municipal Code) specifically Chapter 21.58 and Section 21.36.140. PASSED AND ADOPTED this 27t" day of June, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Rocha APPROVED: Bob Alderete, Chair L~ ATTEST: G2~1 Sharon Fierro, Secretary