PC Res 3827
RESOLUTION NO. 3827
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
NOT ADOPT PROPOSED AMENDMENTS TO THE ZONING CODE
PERTAINING TO LATE USES WITHIN PLANNED DEVELOPMENT
ZONING DISTRICTS.
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:
1. 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 currently requires an approved
Conditional Use Permit for uses that occur between 11 :00 p.m. and 6:00 a.m. in all
commercial Zoning Districts except the Planned Development District.
2. Late night uses that were in operation in the Planned Development Zoning District
before the adoption of this requirement are considered legal non-conforming uses
and are allowed to continue as a "grand fathered" use for a period of 24 months.
3. The proposed amendment allows uses that are non-conforming due to their late
night operations to continue to operate with their existing hours for 24 months from
the date of this amendment. After that time, in order to continue the late night
operation, the use must have an approved Administrative Planned Development
Permit.
4. 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:
1. The proposed text amendment is not 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;
Planning Commission Resolution No. 3827
Recommending that Council Not Adopt Proposed Amendments to the Zoning
Code Pertaining to Late Uses within Planned Development Zoning Districts
Page 2
2. The proposed text amendment is not consistent with the intent and purposes
of Chapter 21.58 of the Campbell Municipal Code on Non-Conforming Uses;
and
3. The proposed text amendment is not 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 an Administrative Planned Development Permit to continue their
operations.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
recommends that the City Council not adopt proposed amendments to the
Zoning Code pertaining to late uses within Planned Development zoning
Districts.
PASSED AND ADOPTED this 14th day of August, 2007, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Ebner, Francois, Gibbons, Rocha
and Roseberry
None
Doorley
::~:OVED: ~~ ~
Commissioners:
Commissioners:
Commissioners:
Michael Rocha, Chair
ATTEST: