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).