PC Res 3896
RESOLUTION NO. 3896
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL APPROVE A CITY-INITIATED TEXT AMENDMENT
TO MODIFY TITLE 21 TO INCLUDE IN THE PROHIBITED USES
SECTIONS IN ALL ZONE DISTRICTS, A PROHIBITION OF ANY
USE INCONSISTENT WITH STATE OR FEDERAL LAW.
After notification and public hearing as specified by law on the proposed City of
Campbell Text Amendments Update, and after presentation by the Community
Development Director, proponents and opponents, the Planning Commission did
determine that the adoption of the proposed Text Amendments based upon the
following findings.
The Planning Commission finds as follows:
1. Recognizing that in some areas of law, there exists a conflict between State
and Federal statutes, the City of Campbell recognizes the primacy of Federal
law;
2. The Supreme Court of the United States of America has concluded in
Gonzales v. Raich that the United States Congress may put into place laws
that prohibit the use of certain controlled substances even where laws of the
respective states would otherwise allow their use; and
3. Being the City of Campbell authorizes the establishment of any and all
businesses within its jurisdiction through issuance of business licenses and
applicable ministerial or discretionary clearances, the City is obliged to uphold
all local, State, and Federal laws applicable therein.
4. Uses that are inconsistent with State or Federal Law are associated with
negative impacts including additional crime.
Based upon the foregoing findings of fact, the Planning Commission further finds
and concludes that:
1. That specifically prohibiting land-uses inconsistent with Federal law will
ensure that City of Campbell authorizes only those businesses that comply
with all applicable local, State, and Federal laws;
2. 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,
Planning Commission Resolution No. 3896
Text Amendment - Modify Title 21 (Zoning) of CMC
Prohibited Uses - Any Use Inconsistent with S\ate or Federal Law
Page 2
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
3. The proposed text amendment is consistent with the development policies
and objectives of the General Plan.
IT IS HEREBY RESOLVED that the Planning Commission of the City of
Campbell recommends approval of a City-initiated Text Amendment to Modify
Title 21 to include in the Prohibited Uses Sections in all zone districts a
prohibition of any use inconsistent with State or Federal Law per attached Exhibit
A.
PASSED AND ADOPTED this 10th day of June, 2008, by the following roll call
vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons,
Rocha and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Bob Roseberry, Chair
ATTEST:
Exhibit A
Page 1 of 3
DRAFT REGULATIONS - USES INCONSISTENT WITH STATE OR FEDERAL LAW
Chapters 21.08, 21.10 and 21.12 are hereby amended to read:
Chapter 21.08 Residential Districts
21.08.030 R-1 (Single-family) zoning district.
D. Prohibited uses in R-1 (Single-family) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
21.08.040 R-D (Two-family) Zoning District.
D. Prohibited uses in R-D (Two-family) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
21.08.050 R-M (Multiple-family) zoning district.
D. Prohibited uses in R-M (Multiple-family) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
21.08.060 R-2 (Multiple-family) zoning district.
D. Prohibited uses in R-2 (Multiple-family) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
21.08.070 R-3 (Multiple-family) zoning district.
D. Prohibited uses in R-3 (Multiple-family) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
Chapter 21.10 Commercial and Industrial Districts
21.10.030 P-O (Professional Office) Zoning District.
D. Prohibited uses in P-O (Professional Office) zoning district. The following uses are
prohibited:
6. Any use inconsistent with state or federal law.
Exhibit A
Page 2 of 3
21.10.040 C-1 (Neighborhood Commercial) zoning district.
D. Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The
following uses are prohibited:
7. Any use inconsistent with state or federal law.
21.10.050 C-2 (General Commercial) zoning district.
D. Prohibited uses in C-2 (General Commercial) zoning district. The following
uses are prohibited:
7. Any use inconsistent with state or federal law.
21.10.060 C-3 (Central Business District) zoning district.
D. Prohibited uses in C-3 (Central Business District) zoning district. The
following uses are prohibited in the C-3 district:
8. Any use inconsistent with state or federal law.
21.10.070 C-M (Controlled Manufacturing) zoning district.
D. Prohibited uses in C-M (Controlled Manufacturing) zoning district. The
following uses are prohibited:
6. Any use inconsistent with state or federal law.
21.10.080 M-1 (Light Industrial) zoning district.
D. Prohibited uses in M-1 (Light Industrial) zoning district. The following uses are
prohibited:
4. Any use inconsistent with state or federal law.
Chapter 21.12 Special Purpose Districts
21.12.020 C-PD (Condominium Planned Development) zoning district.
D. Prohibited uses in C-PD (Condominium Planned Development) zoning
district. The following uses are prohibited:
1. Any use inconsistent with state or federal law.
21.12.030 P-D (Planned Development) zoning district.
E. Prohibited uses in PD (Planned Development) zoning district. The following
uses are prohibited:
2. Any use inconsistent with state or federal law.
Exhibit A
Page 3 of 3
21.12.040 P-F (Public Facilities) zoning district.
E. Uses prohibited. The following uses are prohibited in the P-F zoning district:
3. Anv use inconsistent with state or federal law.
21.12.050 P-F/O-S (Open Space) zoning district.
D. Uses prohibited. The following uses are prohibited in the P-F/O-S zoning
district:
1. Any use inconsistent with state or federal law.