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PC Res 3876 RESOLUTION NO. 3876 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A TEXT AMENDMENT (PLN2008-22) TO AMEND THE CAMPBELL ZONING ORDINANCE PERTAINING TO ASSEMBLY AND RECREATIONAL USES IN THE M-1-S (LIGHT INDUSTRIAL) AND C-M (CONTROLLED MANUFACTURING) 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 with respect to application PLN2008-22: 1. Recognizing the importance of the City's industrial areas to the economic future of Campbell, it is necessary to protect the industrial zones from undue encroachment of non-industrial uses. 2. Non-industrial uses damage the fabric of the industrial districts as a whole by fragmenting the industrial zones with incompatible land-uses. This limits the overall economic viability of industrial districts by making them less attractive to prospective tenants, property and business owners compounded by a tendency for successful non-industrial uses to expand once established due to high vacancy rates and low rents. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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; 2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.46 of the Campbell Municipal Code on Conditional Use Permits; and 3. The proposed text amendment is consistent with the development policies and objectives of the General Plan by recognizing the need for certain non-industrial uses in the industrial zones, notably commercial retail and services and also the importance of safeguarding and promoting the City's industrial areas. Planning Commission Resolution 3876 PLN2008-22 - Text Amendment -- M-1-S & C-M Zoning Districts Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve a Text Amendment (PLN2008-22) to amend the Campbell Zoning Ordinance pertaining to assembly and recreational uses in the M-1-S (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts per the attached exhibit A. PASSED AND ADOPTED this 11th day of March, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Ebner, Gairaud, Gibbons, Rocha and Roseberry None Alderete and Doorley None APPROVED: M 6L-~ Bob Roseberry, Cha' ATTEST: g Secretary Exhibit A Page 1 of 4 Chapter 21.36 PROVISIONS APPLYING TO SPECIAL USES 21.36.010 Purpose. 21.36.020 Accessory structures. 21.36.030 Beer and wine festivals. 21,36.040 Caretaker or emplovee housino. 21.36.050 Caroo storaoe containers. 21,36.060 Child care facilities. 21.36.065 Commercial schools. 21,36,070 Laroe familv child care homes. 21.36.080 Commercial child care centers. 21.36.090 Garaoe and private yard sales. 21.36.095 Health and fitness center uses. 21.36.100 Hobbv car restoration. 21.36.110 Liauor stores. 21.36.120 LivelWork units. 21.36.130 Mixed-use development. 21.36.140 Motor vehicle repair facilities. 21.36.150 Outdoor seatino. 21.36.160 Outdoor storaoe. 21.36.170 Public assemblv uses. 21.36,180 Residential care facilities. 21.36.190 Satellite dish antennas. 21.36.200 Secondary dwellino units. 21.36.210 Skateboard ramps. 21.36.220 Solar enerov systems. 21.36.230 Transitional housino. 21.36.240 Towino service and vehicle dismantlino. 21.36.250 Veterinary clinics and animal hospitals. Exhibit A Page 2 of 4 Recommended Text Addition to CMC 21.36.065 Commercial Schools. A. Purpose. This section is designed to provide for and to regulate the establishment of commercial school uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for commercial school uses (except for commercial school uses in the C-3 (Central Commercial Zoning District) that are in compliance with Section 21.10.060 (B)(2)) in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional Use Permits shall expire no later than 5 years from the date of approval for commercial school uses in the M-1 (Light Industrial) Zoning District. Not withstanding the time limitations for the Conditional Use Permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time restricted approvals. D. Development standards. Except as specifically allowed in this section, the premises on which a commercial school use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the commercial school use shall be provided. 2. Circulation. The location of the commercial school use and the on-site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 3. Hours of operation. The decision making body through the discretionary review process, if required, shall determine the allowable hours of operation of a commercial school. 4. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by commercial school uses, noise generated from a commercial school shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 5. Overconcentration. A commercial school use shall not be located within 300 feet of another existing commercial school, public assembly, or health and fitness use unless the decision making body grants an exception. The decision making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 6. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs). Exhibit A Page 3 of 4 Recommended Text Addition to cMc 21.36.095 Health and Fitness Centers. A. Purpose. This section is designed to provide for and to regulate the establishment of health and fitness center uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for health and fitness uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional Use Permits shall expire no later than 5 years from the date of approval for health and fitness center uses in the M-1 (Light Industrial) and C- M (Controlled Manufacturing) Zoning Districts. Not withstanding the time limitations for the Conditional Use Permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. D. Development standards. Except as specifically allowed in this section, the premises on which a health and fitness center use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the health and fitness center use shall be provided. 2. Circulation. The location of the health and fitness center use and the on- site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 3. Hours of operation. The decision making body through the discretionary review process shall determine the allowable hours of operation of a health and fitness center use. 4. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by health and fitness center uses, noise generated from a health and fitness center uses shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 5. Overconcentration. A health and fitness center use shall not be located within 300 feet of another existing commercial school, public assembly, or health and fitness use unless the decision making body grants an exception. The decision making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 6. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs). Exhibit A Page 4 of 4 Recommended Text Amendment to cMc 21.36.170 Public Assembly Uses. A. Purpose. This section is designed to provide for and to regulate the establishment of public assembly uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for public assembly uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional Use Permits shall expire no later than 5 years from the date of approval for Public Assembly Uses in the M-1 (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts. Not withstanding the time limitations for the Conditional Use Permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. G:- D. Development standards. Except as specifically allowed in this section, the premises on which a public assembly use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Location. A public assembly use shall be located on a collector street or arterial street as designated in the city's General Plan. 2. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the public assembly facility shall be provided. 3. Circulation. The location of the public assembly use and the on-site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The planning commission or city council decision making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 4. Hours of operation. The planning commission decision making body through the discretionary review process shall determine the allowable hours of operation of a public assembly use. 5. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by public assembly uses, noise generated from a public assembly use shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 6. Overconcentration. A public assembly use shall not be located within 300 feet of another existing public assembly use unless the pl:mning commission decision making body grants an exception. The planning commission decision making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 7. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs).