City Council (2019-11-19)C-3 Zoning Code Amendment
City Council –November 19, 2019
Background
•March 5, 2013 (City Council Study Session):
•July 16, 2013 (City Council Study Session):
•February 17, 2015 (City Council Study Session)
•June 16, 2015 (Joint City Council/PC Study Session):
•February 23, 2016 (Planning Commission Public Hearing)
•March 15, 2016 (City Council Public Hearing):
•February 7, 2017 (City Council Study Session)
•May 2, 2017 (City Council Public Hearing)
•June 6, 2017 (City Council Public Hearing)
•August 15, 2017 (City Council Public Hearing)
•May 25, 2018 (City Council Public Hearing
•July 3, 2018 (City Council Public Hearing)
Ideas Rejected
Urgency ordinance to establish a moratorium to prevent new restaurants;
Establish a maximum number of restaurants;
Establish a maximum square-footage allowable for restaurants;
Prohibit new restaurants;
Require a CUP for all new restaurants;
Reinstate the interim parking in-lieu fee;
Eliminate the parking exception for new restaurants;
Modify the Downtown Alcohol Policy to address over-concentration;
Create a grant program to assist in tenant improvements for new retailers;
Add new allowable uses such as wine-tasting room, pet daycare/grooming,
“public-serving” office, etc., to provide a greater variety of uses;
Ideas Rejected
Remove outdoor seating/display permit requirements;
Offer no-cost tenant improvement permits;
Explore sales tax rebate program;
Direct Economic Development to actively recruit major retailers;
Create an administrative Use Permit process;
Restrict the current FAR “bonus” to only new non-restaurant buildings;
Provide assigned employee parking for non-restaurant businesses;
Relax signage standards to allow larger a greater number of signs;
Provide special use allowances for historic buildings;
Expand the C-3 allowable uses to more closely resemble the C-2 (GC);
Allow new uses unless specifically prohibited.
Existing C-3 Land Use Lists
B. Permitted uses in C-3 (Central Business District) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Retail business, including but not limited to clothing stores, department stores, drugstores, furniture stores, toy stores, jewelry stores, shoe stores, florist shops and gift shops subject to standards for alcohol sales in compliance with paragraph (F) (Standards for alcohol sales in the C-3 zoning district), below. Does not include retail business uses specified in paragraph (C) (Uses permitted with a conditional use permit in the C-3 district).
2. Tutoring centers (small and large), studios (small and large), and professional offices, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes access from East Campbell Avenue.
3. Service commercial establishments including but not limited to barber shops, beauty parlors, dry cleaning, photographic studio, shoe repair shops, and tailors, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes access from East Campbell Avenue.
4. Outdoor seating and merchandise displays, subject to approval of an outdoor seating and merchandise display permit in compliance with paragraph (H) (Standards and permit requirements for outdoor seating and merchandise display), below.
5. Restaurants, subject to the provisions of paragraph (F) (Standards for alcohol sales in the C-3 zoning district) and standards for live entertainment in compliance with paragraph (G) (Standards for live entertainment in the C-3 zoning district), below.
6. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review permit).
7. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of
Provisions).
C. Uses permitted with conditional use permit in C-3 district. The following uses are permitted subject to approval of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Arcade (containing amusement devices and games).
2. Banks and financial services.
3. Fast-food restaurants.
4. Government offices and facilities.
5. Grocery-stores and convenience markets.
6. Health spa, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street, unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Ave. property line; and
b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave.
7. Late night activities.
8. Liquor establishments, other than those establishments permitted to sell alcoholic beverages under subsection B of this section.
9. Liquor store.
10. Live entertainment (except as permitted under subsection B of this section).
11. Nightclub.
12. Public assembly uses.
13. Residential condominiums or apartments (upper floors only).
14. Parking lot or structure.
15. Secondhand/thrift store.
16. Theater.
17. Wireless telecommunications facilities - non-stealth.
18. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions).
D. Prohibited uses in C-3 (Central Business District) zoning district. The following uses are prohibited in the C-3 district:
1. Storage of industrial vehicles, except for the purpose of loading and unloading;
2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises;
3. The outdoor storage of merchandise or products, unless otherwise approved, in compliance with subsection H of this section;
4. The assembly, compounding, manufacturing or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations or similar disturbance;
Proposed C-3 Land Use Table
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND FLOOR UPPER FLOORS
Apartments P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn C C
Dancing and/or live entertainment establishments C C
Hotels C C
Incompatible activities X X
Late night activities C C
Liquor establishments C C
Liquor stores C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities P P
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter 21.34
Pedestrian-Oriented Activities
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND FLOOR UPPER FLOORS
Apartments P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn C C
Dancing and/or live entertainment establishments C C
Hotels C C
Incompatible activities X X
Late night activities C C
Liquor establishments C C
Liquor stores C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities P P
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter 21.34
Pedestrian-Oriented Activities
DEFINITION: Any land use that has the following characteristics:
Provides or offers food, beverages, retail goods, services,
instruction, and/or entertainment to the general public;
Is open to the general public on a regular basis;
Is conducted within the interior of a building, except for
outdoor displays and outdoor dining areas
Maintains a transparent storefront open to the interior of the
business and/or onto a merchandise display (when on the
ground floor); and
Is not otherwise classified as an incompatible activity.
Pedestrian-Oriented Activities
Specifically included within definition:
Retail stores
Restaurants
Studios (e.g., yoga, Pilates, martial arts, painting, etc.)
Personal services (e.g., hair salon, alterations, cobbler, etc.)
Grocery stores
Indoor amusement center (e.g., arcade, escape room, etc.)
Would allow other uses not yet contemplated
Experiential retail that blends sale of products with
entertainment and associated services
Incompatible Activities
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND FLOOR UPPER FLOORS
Apartments P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn C C
Dancing and/or live entertainment establishments C C
Hotels C C
Incompatible activities X X
Late night activities C C
Liquor establishments C C
Liquor stores C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities P P
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter 21.34
Incompatible Activities
DEFINITION: Any land use that has the following characteristics:
•Storage of industrial vehicles or merchandise or products unrelated
to on-site retail sales
•Assembly, compounding, manufacturing or industrial processing
•Breeding, harboring, raising, or training of animals
•Repair, maintenance, or (outdoor) sale of cars
•Service to customers within a vehicle (drive-through)
•Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke,
steam, vibrations, or similar disturbance
•Cultivation, processing, or sale of cannabis
Incompatible Activities
Specifically included within definition:Tattooing,payday lending,
check-cashing,pawnbroker,second-hand sales,consignment,gold-
buying,hypnotism,occult science,and massage establishments.
EXAMPLES: Based on characteristics, some others examples include:
Gas stations
Rug and upholstery cleaning
Auto repair shops
Machine shop
Drive-through restaurants
Other Uses Allowed
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND FLOOR UPPER FLOORS
Apartments P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn C C
Dancing and/or live entertainment establishments C C
Hotels C C
Incompatible activities X X
Late night activities C C
Liquor establishments C C
Liquor stores C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities P P
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter 21.34
Special Project Areas
C-3 Zoning District
Winchester
Blvd Master
Plan
East Campbell Avenue Master
Plan
SOCA
(Sub-Area 1)
Applicability –C-3 Zoning District
C-3 Zoning District
P-D Zoning District
Special Project Areas
Table 2-11a Land Use Table – Master Plan Areas
LAND USES
Apartments A
Arcades A
Banks and financial services A
Convenience markets/stores A
Dancing and/or live entertainment establishments A
Government offices and facilities A
Grocery stores A
Incompatible activities1 X
Late night activities2 A
Liquor establishments A3
Liquor stores A4
Medical services, clinics A
Nightclubs A
Offices, professional A
Outdoor merchandise display A
Outdoor seating A
Parking lots/structures, public A
Personal services A
Public assembly uses A
Restaurants or cafes A
Restaurants, fast food A
Restaurants, standard A
Retail stores, general merchandise A
Spa Services/Health Spa A
Theaters, movie or performing arts, and concert halls A
Tutoring centers (small and large) A
Wireless Communication Facilities
May be allowed in compliance with Campbell Municipal Code Chapter 21.34 (Wireless Communications Facilities)
Special Project Areas
Winchester Blvd.
E. Campbell Ave.
SOCA
Additional Revisions
•Various revisions for internal consistency
•Removed defunct language and made technical corrections
•Clarify that plastic signs are prohibited per current practice
•Incorporate the Downtown Alcohol Beverage Policy by reference
•Clarify the Zoning Code definition for dancing and live
entertainment
PC Recommendation
Based on a following findings for a Zoning Code
Amendment, the Planning Commission recommends that
the City Council adopt the draft Ordinance
The proposed amendment is consistent with the goals,
policies, and actions of the General Plan.
The proposed amendment would not be detrimental to the
public interest, health, safety, convenience, or general
welfare of the City.
The proposed amendment is internally consistent with the
other applicable provisions of this Zoning Code
Downtown Development Plan –Study Area Boundary
Downtown Development Plan –Historic Downtown
East Campbell Avenue Master Plan –Project Area
Winchester Blvd. Master Plan –Area Map
Zoning Map (Downtown Area)
General Plan Map (Downtown Area)