City Council Staff Report (2020-08-18)
City
Council
Report
TITLE: Public Hearing to Consider a City-Initiated Zoning Code Text
Amendment to Amend Title 21 and Title 5 of the Campbell Municipal
Code to Establish a New List of Allowable Land Uses for the C-3
(Central Commercial District) Zoning District, Including Related Text
Corrections and Revisions. (Ordinance / Roll Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council take the following action:
Take first reading and introduce an ordinance to amend Title 21 and Title 5 of the
Campbell Municipal Code.
ENVIRONMENTAL DETERMINATION
The Planning Commission recommends that the City Council find that the proposed
ordinance is Categorically Exempt from CEQA under Section 15061.b.3 which states
that a project is exempt from CEQA if the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA review.
DISCUSSION
Background: The City Council introduced this ordinance at its meeting of February 18,
2020 by a 4-1 vote (Council Member Gibbons voting no). Prior to the formal adoption at
the following March 3, 2020 meeting, an error in the draft ordinance was identified by
staff. This required rescheduling of the public hearing so that the ordinance could be
reintroduced.1 However, the March 16, 2020 Shelter-in-Place order suspended public
gatherings such that this item could not be rescheduled until now. The staff reports,
supporting attachments, and meeting minutes are included as follows:
• Attachment A – Draft Ordinance
• Attachment B – City Council Staff Report (February 18, 2020)
1 However, an associated resolution to modify policies within the Downtown Development Plan to be
consistent with the proposed ordinance was passed on February 18, 2020 with immediate effect.
Item: 13
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: August 18, 2020
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• Attachment C – City Council Meeting Minutes (February 18, 2020)
• Attachment D – Planning Commission Staff Report (August 13, 2019)
• Attachment E – Planning Commission Meeting Minutes (August 13, 2019)
• Attachment F – Meeting History
• Attachment G – Correspondence
Permit Process: During and following the February 18, 2020 public hearing there was
some questions regarding the permit process between the C-3 Zoning District proper
(the area defined by the “loop streets”) and the master plan areas consisting of
Winchester Boulevard and East Campbell Avenue west of Downtown. The following
table illustrates the decision-making authorities for different types of land uses by
geographic area, indicating who may authorize a new land use; either a staff member,
the Community Development Director, or the Planning Commission.
Geographic
Area Land Use Type Ministerial Decision
(staff)
Admin. Decision
(Director)
Planning
Commission
Decision C-3 Zoning District New Conditional Use
(e.g. Alcohol Sales/Service) X
(CUP)
New Permitted Use X
(Business License)
Change of Ownership (same use) X
(Business License) Master Plan Areas Alcohol Sales/Service X
(CUP)
Changes of Use (e.g., salon to
office)
X
(Admin. P-D
Permit)
Change of Ownership (same use) X
(Business License)
The difference in permit process recognizes that where a master/area plan has been
adopted by the Council, a lower level of review may be warranted because community
expectations have been more clearly established. However, the City has long required a
Conditional Use Permit for the sale and/or service of alcohol because of the sensitive
nature of these types of businesses.
FISCAL IMPACT
Since the proposed ordinance will expand the potential business opportunities for
Downtown property owners, its fiscal impact should be largely positive and particularly
beneficial in the current economic crisis.
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Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Ordinance
b. City Council Staff Report (Feb. 18, 2020)
c. City Council Meeting Minutes (Aug. 13, 2019)
d. PC Staff Report (Aug. 13, 2019)
e. PC Meeting Minutes (Aug. 13, 2019)
f. Meeting History
g. Correspondence
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Ordinance No. 22__
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLE 21 AND TITLE 5 OF THE CAMPBELL MUNICIPAL CODE TO
ESTABLISH A NEW LIST OF ALLOWABLE LAND USES FOR THE C-3 (CENTRAL
COMMERCIAL DISTRICT) ZONING DISTRICT, INCLUDING RELATED TEXT
CORRECTIONS AND REVISIONS.
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 City Council of the City of
Campbell does ordain as follows:
SECTION 1. To encourage a compatible mix of uses in the Downtown, to reinforce East
Campbell Avenue as a pedestrian-oriented retail street, and to foster a balance of day
and evening activity, the City Council finds it necessary and appropriate to reconsider
the allowable land uses within the C-3 (Central Business District) Zoning District in
furtherance of the Campbell General Plan and Downtown Development Plan.
SECTION 2. The City Council finds and determines that the adoption of the proposed
Zoning Code Text Amendment qualifies as Exempt from the California Environmental
Quality Act (CEQA) under Section 15061.b.3 which states that a project is exempt if the
activity is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA review.
SECTION 3. Section 21.30.060 (C-3 (Central Business District) zoning district) of the
Campbell Municipal Code is hereby amended as set forth. Additions are indicated by
underlined text and deletions are indicated by strikethrough (strikethrough) text.
21.10.60 - C-3 (Central Business District) zoning district.
A. Purpose of C-3 (Central Business District) zoning district. The C-3 zoning district is
applied to the heart of the city including and surrounding parts of Campbell Avenue
in downtown Campbell, and by reference to the Winchester Boulevard and East
Campbell Avenue Master Plan areas and Sub-Area 1 (Railway Avenue) of the South
of Campbell Avenue (SOCA) Plan. The building forms in this zoning district edge the
street and include retail commercial uses (e.g., entertainment, shopping, and
services) on the ground floor, with either office or residential uses on the upper
floors. Residential uses may be allowed where compatible with the general mix of
downtown uses. The C-3 zoning district is consistent with the central commercial
land use designation of the General Plan. The C-3 zoning district is specifically
created to promote the following objectives in the central business area of Campbell:
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1. To retain and enhance the Downtown area as a unique and economically
viable retail and business center serving local and area wide commercial
needs;
2. To reinforce Campbell Avenue as a pedestrian-orientated retail street;
3. To promote ground floor retail use, upper floor commercial and residential
uses where appropriate and a suitable mix of uses in the Downtown area.
4. To establish development intensities consistent with the scale of the central
business area and the amount of parking which can be accommodated
within and adjacent to it;
5. To maintain the pedestrian scale, character, and diversity of a small town
business district;
6. To maintain adequate parking and to encourage the joint utilization of
parking;
7. To improve pedestrian, visual, and vehicular connections between the
Downtown and adjacent areas;
8. To preserve and enhance significant historic structures within the Downtown
area; and
9. To ensure that new construction in the Downtown area is of a high
architectural design quality while accommodating suitable architectural
diversity.
B. Land uses in the C-3 (Central Business District) zoning district. The permissibility of
land uses, whether on the ground floor, an upper floor, or on all floors, as applicable,
shall be as specified by Table 2-11 (Land Use Table – C-3 Zoning District). Land
uses that are listed as (P) are permitted and are approved by issuance of a zoning
clearance in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as
(C) are conditional and may be allowed subject to approval of a conditional use
permit in compliance with Chapter 21.46 (Conditional use permits). Land uses listed
as (X) and those not otherwise listed are prohibited and shall not be allowed.
Operational requirements for outdoor merchandise display, outdoor seating, alcohol
sales for on-site consumption, and live entertainment are provided further in this
chapter.
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Apartments1 P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn2 C C
Cat and dog day care facilities P C
Cat and dog grooming facilities P C
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Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Dancing and/or live entertainment establishments3 C C
Hotels C C
Incompatible activities4 X X
Late night activities C C
Liquor establishments5 C6 C
Liquor stores7 C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities8 P P
Wireless Communication Facilities
May be allowed in
compliance with Campbell
Municipal Code Chapter
21.34 (Wireless
Communications Facilities)
Notes:
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking
facilities, a leasing office and lobby. Residential units and recreation spaces shall be restricted to
upper floors.
(2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33
(Historic Preservation)
(3) Except as specified by Section 21.10.060.F (Standards for live entertainment in the C-3 zoning
district), which allows certain pedestrian-oriented activities to incorporate live entertainment
without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2-11A (Land Use Table) or
that incorporates one or more of the following characteristics, as determined by the community
development director in compliance with Section 21.02.020.F (Allowable uses of land).
Services offered by a "body art" practitioner as governed by California Health and Safety
Code sections 119300-119324 (i.e., tattoo parlors and similar uses);
Services offered by a deferred deposit transaction "licensee" as governed by California
Financial Code sections 23000-23106 (i.e., payday lenders and similar uses);
Services offered by a "check casher" as governed by California Civil Code sections 1789.30-
1789.38 (i.e., check cashing and similar uses);
Services offered by a "pawnbroker" as governed by California Financial Code sections
21000-21307 (i.e., pawnshops and similar uses);
Services offered by a "secondhand dealer" or "coin dealer" as governed by California
Business and Professions Code sections 21500-21672 (i.e., secondhand/thrift stores,
consignment shops, gold buying, and similar uses);
Services offered by a practitioner of hypnotism requiring a permit pursuant to Chapter 5.08;
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Services, goods, or entertainment offered by a sexually oriented business pursuant to
Chapter 5.55;
Storage of industrial vehicles;
Storage or warehousing of merchandise or products unrelated to on-site retail sales;
Outdoor storage of merchandise or products;
Assembly, compounding, manufacturing or industrial processing of merchandise or
products;
Breeding, harboring, raising, or training of animals;
Repair, maintenance, or sale of motor vehicles;
Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or
drive-in service);
Smoking or vaping of tobacco products (as defined by Chapter 6.11);
Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter
8.38 and 8.40); or
Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or
similar disturbance which is obnoxious or offensive or creates a nuisance.
(5) Liquor establishments are subject to the findings provided in Section 21.46.070 (Special findings
for liquor establishments).
(6) Except as specified by Section 21.10.060.E (Standards for alcohol sales for on-site consumption
in the C-3 zoning district), which allows certain pedestrian-oriented activities to incorporate an
ancillary liquor establishment without a conditional use permit.
(7) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor Stores).
(8) "Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate
all of the following characteristics as determined by the community development director in
compliance with Section 21.02.020.F (Allowable uses of land). This definition specifically includes
retail stores, grocery stores, personal services, spa services/health spa (excluding massage
establishments), restaurants, indoor amusement centers, and studios as defined by Chapter
21.72 (Definitions).
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 as allowed by this Chapter;
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 as defined by this Chapter.
C. Land uses in the Area/Master Plan areas: The permissibility of land uses in the
Winchester Boulevard and East Campbell Avenue Master Plan areas and Sub-Area
1 (Railway Avenue) of the South of Campbell Avenue (SOCA) Plan shall be as
specified by Table 2-11a (Land Use Table – Master Plan Areas). Land uses listed
as (A) are allowable subject to approval of an administrative planned development
permit in compliance with Section 21.12.030.H.1 (Administrative planned
development permit required). Land uses listed as (X) and those not otherwise
listed are prohibited and shall not be allowed. The boundaries of the Winchester
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Boulevard and East Campbell Avenue Master Plans and the SOCA Plan are shown
on the City of Campbell Zoning Map, available at the community development
department.
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 A5
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
Secondhand/thrift stores A
Spa Services/Health Spa A
Studios, small and large 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)
Notes:
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(1) See Table 2-11, Note #4 for the definition of "Incompatible activities," excepting "secondhand
dealers" and "coin dealers" as to allow "Secondhand/thrift stores".
(2) Late night uses in the P-D (Planned Development) zoning district are subject to the findings
provided in Section 21.12.030.H.7 (Additional Approval Criteria for Late Night Activities).
(3) In addition to an administrative planned development permit, liquor establishments also require a
conditional use permit pursuant to Section 21.12.030.H.1.a and are subject to the findings
provided in Section 21.46.070 (Special findings for liquor establishments).
(4) In addition to an administrative planned development permit, liquor stores also require a
conditional use permit pursuant to Section 21.12.030.H.1.a and are subject to the provisions
provided in Section 21.36.110 (Liquor Stores).
(5) In addition to an administrative planned development permit, a nightclub with a liquor
establishment also requires a conditional use permit pursuant to Section 21.12.030.H.1.a and are
subject to the findings provided in Section 21.46.070 (Special findings for liquor establishments).
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.
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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).
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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;
6. Auto repair;
7. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.);
8. Payday lender;
9. Any use inconsistent with state or federal law.
ED. General development standards. New land uses and structures, and alterations to
existing uses or structures shall be designed, constructed, and/or established in
compliance with the requirements in Table 2-11b (General Development Standards
- C-3 Zoning District), in addition to the general development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3 (Development and Operational
Standards).
Table 2-11b
General Development Standards - C-3 Zoning District
Development
Feature
C-3
Maximum floor
area ratio
Up to 1.25 The planning commission or City Council may approve
an F.A.R. of up to 1.5 if it makes all of the following findings:
a. The scale and intensity of the development does not create
adverse traffic and parking impacts on the Downtown.
b. The balance of land uses emphasizes retail and restaurant uses
consistent with the goals and objectives of the Redevelopment
Agency Implementation Plan.
bc. The design, scale, and context of the project are consistent with
the goals and objectives established in the Downtown Development
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Plan.
d. A finding of community benefit be established stating how the
development furthers the goals and objectives of the
Redevelopment Agency in the Downtown area that otherwise could
not be achieved with a lesser F.A.R.
Maximum
allowable density
up to 27 d.u./gross acre
Setbacks Required
Front
None, except as may be required by the a Site and Architectural
Review Permit or the California Building Code.
Side (each)
Street side
Rear
Maximum Height
Limit
45 ft.
Fences, Walls,
Lattice and
Screens
See Section 21.18.060 (Fences, Walls, Lattice and Screens)
FE. Standards for alcohol sales for on-site consumption in the C-3 Zoning District. Beer
and wine sales for on-site consumption, when clearly ancillary to a pedestrian-
oriented activity, is permitted without a conditional use permit, subject to the
following restrictions:
1. Alcohol sales by retail businesses.
a. Gift shops and florists may include products containing alcohol in gift baskets,
flower arrangements or other similar uses as approved by the community
development director upon finding that the sale of alcohol would be incidental
to the primary activity on the site;
b. Retail businesses permitted to sell alcohol in compliance with this paragraph
shall obtain the required licenses or permits from the State Alcoholic
Beverage Control Department. Uses meeting the definition of liquor store as
defined by Section 21.72.020 ("Liquor Stores") shall not be considered as a
florist or gift shop;
2. Alcohol sales by restaurants.
a. Beer and wine sales for on-site consumption only are permitted in restaurants
without a separate bar area.
b. A separate bar area is defined as a separate area, tables, or a room intended
primarily for serving alcoholic beverages.
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c. Restaurants that serve alcohol may be required to establish a designated
driver program.
d. Restaurants shall obtain the required licenses or permits from the State
Alcoholic Beverage Control Department.
3. Beer and wine festivals. See also Section 21.36.030 (Beer and Wine festivals).
1. Permitted only for a pedestrian-oriented activity operating as a "bona fide public
eating place" as defined by Section 23038 of the California Business and
Professions Code (i.e., restaurant or café).
2. The business must be located on a ground floor tenant space.
3. The business shall not incorporate a separate bar area, defined as a separate
area, tables, or a room intended primarily for serving alcoholic beverages.
4. The business owner shall obtain and maintain in good standing a Type 41 (On-
Sale Beer and Wine for Bona Fide Public Eating Place) licensed issued by the
Department of Alcoholic Beverage Control.
GF. Standards for live entertainment in the C-3 zoning district. Live entertainment,
when clearly ancillary to the a pedestrian-oriented activityrestaurant function, is
permitted in restaurants without a conditional use permit subject to the following
restrictions:
1. Permitted only for pedestrian-oriented activities that are not already subject to a
conditional use permit; in standard restaurants without a separate bar area. A
separate bar area is defined as a separate area, tables, or a room intended
primarily for serving alcoholic beverages;
2. Maximum of four performers;
3. Hours of nine a.m. to eleven p.m.;
4. Alcoholic beverage service shall be restricted to a Type 41 (On-Sale Beer and
Wine for Bona Fide Public Eating Place) or 47 licenses only issued from by the
State Department of Alcoholic Beverage Control Department, and at no time
shall off-site sales be allowed. Full food service shall be available during
entertainment;
5. Ambient noise levels shall allow normal conversation, and may not be audible
more than 50 feet from the businesses tenant space. However, in no case may
noise from the live entertainment disrupt neighboring businesses;
6. No cover charge may be imposed;
7. Areas for dancing and festival seating are not allowed;
8. If the police department or community development department find that a
business is in noncompliance with any of the above conditions, live entertainment
shall be prohibited at the site until a live entertainment permit is issued by the
City Council subject to the requirements set forth by Section 5.24.010(a) et seq.
(Live entertainment) of this Zoning Code;
HG. Standards and permit requirements for outdoor seating and merchandise display
within the public right-of-way for a pedestrian-oriented activity. The following
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standards govern the provision of outdoor seating/dining areas and the outdoor
display of merchandise within the public right-of-way (sidewalk) in the C-3 zoning
district. These standards are minimum standards and additional requirements may
be added through the discretionary review process.
1. Permit required. Outdoor seating and merchandise displays may be allowed
subject to approval of an outdoor seating and display permit by the community
development director. Approval is subject to the standards provided below and
any other conditions as may be deemed necessary by the community
development director in order to protect the health, safety, and welfare of the city.
2. Application. Application for an outdoor seating and display permit shall be filed
with the community development department. The application shall be
accompanied by a plan set, drawn to scale, depicting sidewalk dimensions, the
location of seating, tables, umbrellas, and merchandise displays together with
other information and exhibits as required by the community development
director.
3. General standards.
a. A four-foot-wide pedestrian walkway shall be provided at all times along the
public sidewalk. This walkway shall provide for pedestrian access to
doorways, crosswalks, and along the public sidewalk. No part of the walkway
shall be within two feet of the building face or within one foot of the face of
curb, and the walkway shall not cross the path of outward-opening doors or
windows.
b. All tables, seats, and displays shall be placed inside at the end of each
business day.
c. Material placed on the sidewalk shall be secured so as not to be moved by
the wind. However, tables, seats, or displays may not be bolted into the
ground or secured to the streetlights, trees, or other street furniture.
d. The permit holder is responsible for picking up all litter associated with the
outdoor seating or display and shall maintain the area in a clean condition at
all times.
4. Outdoor seating.
a. Outdoor seating shall be located directly in front of the permit holder's tenant
space as set forth in the approved application and accompanying plans.
b. Tables, seating, or displays shall not be placed within the area of any
disabled ramps, driveways, or doorways.
c. Tables or seating shall not be placed in the street, or on the sidewalk within
two feet of the face of curb.
d. The canopies of umbrellas associated with outdoor tables shall provide a
minimum vertical clearance of seven feet, unless the umbrella does not
extend beyond the outside edge of the table, and shall not extend past the
curb.
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e. Tables, chairs, umbrellas, and other furniture associated with the outdoor
seating shall be attractive, made of durable materials, and be maintained in
good repair and in a manner to enhance the downtown area.
5. Outdoor Displays.
a. Outdoor merchandise displays shall be placed against the building face
abutting the permit holder's tenant space and shall be limited to fifty percent
of the business frontage.
b. Tenants on corner lots are permitted displays along one frontage only.
c. Merchandise shall be attractively displayed on appropriate racks or other
similar stands. Displays using card tables, cardboard cartons, plastic milk
cases, or plywood boxes are not permitted. Merchandise too large to be
placed on a display may be freestanding.
d. Displayed merchandise shall be the same type of merchandise sold in the
existing business at the site.
e. Displays, including the merchandise placed on them, may not be more than
four feet high. The community development director may approve displays
greater than four feet if it can be found that the display will not block the
visibility of windows of that business.
f. One sign, not to exceed one square foot, per display is permitted for pricing.
"A" framed signs and other types of signage shall not be considered displays.
6. Indemnification/insurance. The permit holder shall indemnity, defend and hold
the city, its agents, officers, attorneys, employees, and officials harmless from
any and all claims, causes of action, injuries, or damages arising out of any
negligent acts on part of the permit holder, its agents, officers, employees, or
anyone rendering services on their behalf. This indemnity shall include all
reasonable costs and attorney's fees incurred in defending any action covered by
this provision.
a. The permit holder, during the continuance of this permit and at no cost to the
city, shall maintain a comprehensive liability policy in the amount of one
million dollars and if applicable a workers compensation liability policy each
with a minimum coverage of one hundred thousand dollars.
b. The policy shall include the city as additional insured and shall apply as
primary insurance and shall stipulate that no other insurance effected by the
city will be called on to contribute to a loss.
c. Before the issuance of a permit, the permit holder shall furnish to the city a
certificate of insurance, duly authenticated, evidencing maintenance of the
insurance required under this permit.
d. If the insurance policy is canceled, terminated, suspended, or materially
changed, the outdoor seating and display permit shall be suspended until the
time that compliance with the requirements of this subparagraph has been
fully satisfied.
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IH. Standards for parking in the C-3 (Central Business District) zoning district. In
addition to other applicable parking requirements in Chapter 21.28 (Parking and
Loading), the following requirements shall apply in the C-3 (Central Business
District) Zoning District:
1. Shared Required parking facilities. Required parking facilities for new buildings
shall be provided, based on the gross square footage of the building(s), as
specified by Table 2-11c, (Parking Requirements by Land Use), except where a
parking modification permit has been granted by the City Council in compliance
with Section 21.28.050, (Parking modification permit).All new parking spaces
shall be provided in shared parking facilities, unless the City Council, upon
recommendation of the planning commission, finds that another parking
arrangement would better serve the public safety or welfare and would not be
detrimental to the overall parking and circulation in the area.
2. Parking requirement computation. In computing the total parking requirement,
credit shall be allowed for existing on-site parking or for existing shared off-site
parking if an agreement, acceptable to the city, which provides for the use and
maintenance of shared parking is in effect.
3. Change in use. Legally existing buildings shall be required to meet the current
parking standards upon expansion of the building or when there is a change in
use which requires more parking than is currently provided, except for retail uses
and standard restaurantspedestrian-oriented activities that are not required to
provide additional parking unless the building is expanded in compliance with
Section 21.28.040.D.2, (Expansion/remodeling of structure, or change in use).
4. Parking ratios. The required shared-facility parking ratios, based on gross square
footage of a building, unless otherwise indicated, shall be as follows: (parking
spaces/square foot):
4. Uses not listed. Land uses not specifically listed by Table 2-11c shall provide
parking as required by the community development director. The community
development director shall use the requirements of Table 2-11c as a guide in
determining the minimum number of parking spaces to be provided, based on the
similarity of the unlisted use to the uses listed in the table.
Table 2-11c
Parking Requirements by Land Use
Retail 1:345 sq. ft. gross floor area
Office 1:425 sq. ft. gross floor area
Restaurant 1 space per 4 seats
Pedestrian-oriented activities 1:345 sq. ft. gross floor area
Banks 1:350 sq. ft. gross floor area
Residential 2 spaces per unit
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Service commercial 1:345 sq. ft. gross floor area
JI. Development review regulations for projects in the C-3 (Central Business District)
zoning district.
1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial
buildings that are architecturally exemplary of the variety of historic periods in
which they were constructed. These design standards are intended to both
promote the conservation and rehabilitation of buildings and to encourage new
building and remodeling which is simultaneously in keeping with existing
buildings and architecturally exemplary of contemporary design. In this way the
architectural history and richness of downtown will be continued and expanded.
Each new building and remodeling project in the downtown shall adhere both in
its large- and small-scale parts to the architectural parts or style adopted for the
project. Architectural design shall be of high quality, measured against
contemporary standards.
2. Intent. The guidelines below govern building mass; building form and
composition; storefronts; materials, colors and finishes; and other elements. They
are intended to encourage the relation of specific project aspects to the
designated architectural parts or style.
3. Site and Architectural Review required. Buildings and structures in the C-3
(Central Business District) zoning district shall conform to the design standards in
paragraphs 4—8 below and are subject to approval in compliance with the
provisions of Chapter 21.42 (Site and Architectural Review):
4. Building mass.
a. Large building facades shall be divided into smaller elements to complement
the intimate scale created by the existing small property divisions.
b. Second floor decks or terraces at the rear of buildings for use by adjacent
offices or restaurants should be incorporated whenever practical to add a
sense of vitality to the rear building facades.
c. Roof design shall be consistent with the building's architectural style.
Mansard, shed or residential type roofs are prohibited unless it is
demonstrated that such a roof style is structurally or architecturally suitable
for the particular project or location.
d. The existing residential building types of historical significance should retain
their character, including features such as landscaped setbacks.
5. Building form and composition.
a. Unique and historic building elements such as parapet details and belt
courses shall be retained and restored.
b. Traditional commercial building forms should be incorporated whenever
practical.
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c. Open air dining areas facing Campbell Avenue should be employed to the
greatest extent practical. The buildings should not be set back from the street,
but should contain the dining areas within their architectural framework.
d. Upper stories in multistory buildings are required to have solid surfaces with
vertical rectangular windows, augmented with frames. Glass curtain walls
should not be approved unless it is demonstrated that such walls are the only
structurally or architecturally suitable form of wall for the particular project or
location.
e. Architecturally exemplary design of high quality shall be employed. Buildings
should not be made to look "old time" unless such design would be clearly
more appropriate and harmonious with the purpose of this chapter.
f. Buildings shall incorporate base, cornice, and other elements appropriate to
their architectural style.
6. Storefronts.
a. First floor frontages shall have an integrated design including display
windows, an entry, and signing.
b. The design of the building storefront shall be consistent with the building's
architectural style.
c. Walls facing pedestrian ways should have elements of visual interest, such as
fenestration, displays, signing, or landscaping, unless the effect of such
elements would be clearly contrary to the purposes of this chapter. Large
areas of blank walls should not be permitted unless it is demonstrated that
such blank areas are clearly more appropriate and harmonious than would be
the case if elements of visual interest were incorporated.
d. Buildings facing Campbell Avenue shall have their primary entries along that
street.
e. Entries should be recessed, as they add depth to storefront, and act as
transition areas between the street and shop interiors, unless the effects of
such entries would be clearly contrary to the purposes of this paragraph.
f. Doors and windows shall be of clear glass. Unglazed wood doors, screen
doors and doors or windows of heavily tinted or reflective glass should not be
approved unless it is demonstrated that such doors and windows are the only
structurally or architecturally suitable form for the particular project or location.
g. Storefront windows shall reflect the building's character. For instance, on
1940's and 50's "showcase" buildings, exposed aluminum frame windows are
appropriate.
h. Ground floor offices facing Campbell Avenue are required to maintain the
same storefront character as retail spaces.
i. Awnings on building facades should be employed when appropriate, as they
add color, weather protection, and opportunities for signing. As in other
architectural elements, the awnings should be designed to reflect the
building's geometry.
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7. Materials, colors, and finishes.
a. Primary facade materials shall be limited to those that are characteristic of the
building's architectural style.
b. Exterior wall finishes shall be smooth and of finished quality, not deliberately
rough in an attempt to look antiqued or used.
c. Primary building colors shall be characteristic of the building's architectural
style. Overly bright, garish, or otherwise offensive colors or color
combinations are prohibited.
d. Accent materials such as tile bases shall be carefully chosen to complement
the building style and coordinate with adjacent buildings. The use of shingles,
lava rock, sheet metal siding, or any other residential or industrial materials
should not be approved unless it is demonstrated that such material would be
the only structurally or architecturally suitable materials for the project or
location.
e. Painted trim shall coordinate with primary facade colors to add more depth
and interest to the buildings.
f. A coordinated color scheme that responds to the style of the structure shall
be developed for each building. The colors of signing, awnings, planters,
accent materials, and primary facade colors should all be considered. The
number of colors should be limited.
8. Other elements.
a. Trash collection and storage areas shall be carefully screened.
b. Mechanical equipment shall be screened from view. Exhaust louvers shall not
be located in the storefront areas.
c. Colorfully landscaped planters are allowed. These are especially appropriate
below second floor windows.
d. All building maintenance shall be done conscientiously.
KJ. Sign regulations for C-3 (Central Business District) zoning district. The following
provisions shall apply to the C-3 (Central Business District) zoning district only and
shall supersede those listed by Section 21.30.080 (Permanent signs) under
Chapter 21.30 (Signs):
1. Intent. The intent of these regulations is to stimulate creative, good quality
signing which will complement the intimate scale and architectural character of
the area, and which will complement the architectural style of the building to
which the signing is fixed.
2. Allowable signs. Each business shall be allowed one square foot of sign area for
each one linear foot of business frontage. A minimum of twenty square feet is
allowed and a maximum of forty square feet is allowed for each business.
3. Sign materials. Appropriate sign materials include enameled metal, painted
wood, cast metal, painted fabric, and similar materials. Plastic signs should shall
not be approved. unless it is demonstrated that the use of the plastic signs at the
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proposed location would be more harmonious with the purpose of this paragraph
than the foregoing enumerated materials.
4. Wall signs. Each business may have one wall sign, except corner businesses,
which may have two. This sign shall be located below the top of parapet on
single story buildings and below the second floor sill on multistoried buildings. It
may be painted directly on a wall, a sign panel attached to a parapet wall, or of
individually formed letters attached to a wall.
5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be
painted, silk screened or appliquéd onto the awning. Awnings may project five
feet into the public right-of-way on Campbell Avenue and shall maintain a
minimum clearance of eight feet from the ground. All other streets shall be limited
to a two-foot projection and have a minimum clearance of eight feet. Awnings
shall be securely attached to buildings and well maintained. No supports or poles
may be located in the public right-of-way. Awning forms shall be carefully chosen
to complement the architectural style of the building to which they are fixed.
Figure 2-1
Awning
6. Projecting signs.
a. In addition to a wall sign or awning sign, a business is allowed one, non-
illuminated, double-sided projecting sign. The projecting sign may be a
maximum of six square feet and may serve to identify more than one tenant in
the building.
b. Signs may project a maximum of four feet over the public right-of-way with a
minimum eight-foot clearance from the ground. Signs shall not project above
any roofline or facade of the building.
c. Projecting signs shaped as symbols depicting the goods or services being
sold by the business are encouraged.
d. Wood signs, that are carved, painted, stained, or feature raised letters and
symbols are specifically encouraged.
e. Sign colors should relate to material or paint scheme of the building.
Fluorescent colors are not allowed.
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f. Internally or externally illuminated signs are not allowed, nor are can signs,
metal signs, neon signs, or flashing signs.
g. Projecting signs shall be mounted perpendicular to the street and may be
hung from coverings over sidewalks or affixed to the building wall.
(1) Signs shall be structurally attached to the building with wood, metal
brackets, chain, or other similar materials in a manner compatible with the
architectural style of the building.
(2) Fabric signs shall be anchored to the building from both the top and bottom
of the sign.
Figure 2-2
Projecting Sign
7. Lighting. Only external illumination of signs is allowed except for backlit individual
letter signs.
LK. Nonconforming uses and structures in the C-3 (Central Business District) zoning
district. Nonconforming uses and structures shall be governed by the standards set
forth in Chapter 21.58 (Nonconforming Uses and Structures), except that
whenever a nonconforming use has been abandoned or discontinued for a
continuous period of six months, the nonconforming use shall not be reestablished;
and the use of the structure and the site shall comply with the regulations for the C-
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3 zoning district. Notwithstanding the foregoing provision, an existing use with a
conditional use permit that was issued before September 1, 2020 shall be
considered a conforming use for purposes of this section.
SECTION 4. Section 21.46.070 (Special findings for liquor establishments) of the
Campbell Municipal Code is hereby amended as set forth. Additions are indicated by
underlined text and deletions are indicated by strikethrough (strikethrough) text.
21.46.070 - Special findings for liquor establishments.
Whenever a Conditional Use Permit is required for a liquor establishment by this
Zoning Code, the planning commission shall first find all the following conditions in
addition those findings identified in Section 21.46.040, are satisfied in order to approve
the Conditional Use Permit application:
A. Over concentration of uses. The establishment will not result in an over
concentration of these uses in the surrounding area;
B. Not create a nuisance. The establishment will not create a nuisance due to litter,
noise, traffic, vandalism, or other factors;
C. Not disturb the neighborhood. The establishment will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood; and
D. Not increase demand on services. The establishment will not significantly
increase the demand on city services.
E. Downtown Alcohol Beverage Policy. The establishment would be consistent with
the Downtown Alcohol Beverage Policy, when applicable.
SECTION 5. Section 5.24.010(c)(2) of the Campbell Municipal Code is hereby amended
as set forth. Additions are indicated by underlined text and deletions are indicated by
strikethrough (strikethrough) text.
Live entertainment conducted in a pedestrian-oriented activity standard restaurant (as
defined in Section 21.02.335 in a C3-S (central business) the C-3 (Central Business
District) zoning district, provided that such entertainment satisfies the requirements
stated in Section 21.10.060.F (Standards for live entertainment in the C-3 zoning
district).26.020.
SECTION 6. Section 21.72.020.D of the Campbell Municipal Code is hereby amended
as set forth. Additions are indicated by underlined text and deletions are indicated by
strikethrough text.
"Dancing and/or live entertainment establishment" means a commercial facility
that offers a venue intended to allow where patrons come to dance and/or listen to live
entertainmentor recorded music or simply enjoy entertainment, as defined by Section
5.24.010(b) performed by live entertainers. Does not include karaoke or juke boxnon-
commercial expressive activity protected by the United States or California constitutions
or the listening of recorded music without a dancing venue.
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SECTION 7: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in
the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 1st day of September, 2020 by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Susan M. Landry, Mayor
ATTEST:
_______________________________
Andrea Sanders, Acting City Clerk
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City
Council
Report
TITLE: Public Hearing to Consider a City-Initiated Zoning Code Text
Amendment to Amend Title 21 and Title 5 of the Campbell Municipal
Code to Establish a New List of Allowable Land Uses for the C-3
(Central Commercial District) Zoning District, Including Related Text
Corrections and Revisions, and an Associated General Plan Text
Amendment to Amend the Downtown Development Plan to
Incorporate Revised Policy Language. (Ordinance/Resolution/Roll
Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council take the following actions:
(1) take first reading and introduce an ordinance to amend Title 21 and Title 5 of the
Campbell Municipal Code and (2) adopt a resolution adopting a General Plan Text
Amendment to amend the Downtown Development Plan to incorporate revised policy
language.
ENVIRONMENTAL DETERMINATION
The Planning Commission recommends that the City Council find that the proposed
ordinance is Categorically Exempt from CEQA under Section 15061.b.3 which states
that a project is exempt from CEQA if the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA review.
DISCUSSION
Background: Starting in late 2012, staff was tasked with researching how other cities
control land use in a downtown environment. This was done in response to Council and
community concerns that too many restaurants were displacing retailers, diminishing
the Downtown's traditional retail character. The Council formally initiated preparation of
the draft ordinance at its meeting of July 3, 2018. This work is the culmination of a multi-
year evaluation of the Downtown's "mix of uses” (reference Attachment C – Public
Hearing History). Over the course of its discussions, the Council opted to consider a
laissez-faire approach to allow a wide array of business types in the Downtown to
encourage greater market competition rather than enacting new regulations to curtail
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 18, 2020
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the number of restaurants.
This item had been previously scheduled for September 2, 2019, however, due to a full
agenda the Council continued the matter until February 2020.
Summary: As discussed in detail in the Planning Commission staff report (reference
Attachment D) the draft ordinance would establish a new land use table for Downtown
Campbell that would encourage establishment of "Pedestrian-Oriented Activities". The
intent of this use category is to allow traditional service, retail, entertainment, instruction
and food uses, as well as to accommodate new business ideas that incorporate one or
more of these elements.
Planning Commission Action: The Planning Commission considered the draft ordinance
at its August 13, 2019 meeting. The Commission strongly supported the proposal and
voted 5-0-1 (Commissioner Ostrowski absent) to recommend approval, with a revision
to allow ground-floor offices with approval of a Conditional Use Permit. The Commission
believed that ground-floor office may be appropriate in certain circumstances and
should be considered on a case-by-case basis rather than simply being prohibited.
Downtown Development Plan: The Downtown Development Plan (an appendix of the
General Plan), provides policy direction with regard to the management of land use and
development of the Downtown. The various policies and strategies emphasize a retail
and restaurant presence along East Campbell Avenue, as excerpted below. Arguably,
the proposed Zoning Code Text Amendment runs counter to these policies and
strategies by allowing for uses other than retail and restaurant, as highlighted, below:
Goal LU-1: To continue the development and revitalization of the Downtown
area in a manner that positions it as a viable, self-sustaining
commercial district in the competitive market place of Silicon Valley.
Policy LU-1.1: Development Potential: To maximize the development potential of
property within the C-3 zone, particularly ground floor retail and
restaurant space.
Strategy LU-1.1a: Encourage the development and redevelopment of property in the
C-3 zone by developing land use strategies and incentives that
create attractive, functional ground floor retail space along
Campbell Avenue.
Goal LU-2: Work to develop and promote a variety of retail businesses and
diversification of eating establishments that will help create a
unique destination and identity for Downtown.
Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor
space along East Campbell Avenue between Third Street and the
light rail tracks as a distinctive retail and restaurant experience with
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ground floor uses that are diverse and interesting and contribute
strongly to a distinctive and unique shopping experience.
Strategy LU-2.1: Restrict the use of ground floor commercial space along East
Campbell Avenue to retail/restaurant uses.
However, General Plan Goal LUT-19 and Downtown Development Plan Goal LU-1,
provide a vision of the Downtown as a self-sustaining commercial district and cultural
center of the City. These goals compatible with the purpose of the Zoning Code
Amendment in that by encouraging pedestrian-oriented uses, the Downtown can
expand on its success and enhance its central role to the community. In this regard, it
may be appropriate to amend the specific text that reference retail and restaurant uses
so as to also reference pedestrian-oriented uses. Staff has, therefore, prepared a
General Plan Amendment to revise the Downtown Development Plan as follows:
Goal LU-1: To continue the development and revitalization of the Downtown
area in a manner that positions it as a viable, self-sustaining
commercial district in the competitive market place of Silicon Valley.
Policy LU-1.1: Development Potential: To maximize the development potential of
property within the C-3 zone, particularly ground floor retail, and ,
restaurants, and other pedestrian oriented uses space.
Strategy LU-1.1a: Encourage the development and redevelopment of property in the
C-3 zone by developing land use strategies and incentives that
create attractive, functional ground floor retail, restaurant, and
pedestrian oriented space along Campbell Avenue.
Goal LU-2: Work to develop and promote a variety of retail and pedestrian
oriented businesses and diversification of eating establishments
that will help create a unique destination and identity for Downtown.
Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor
space along East Campbell Avenue between Third Street and the
light rail tracks as a distinctive retail, and restaurant, and pedestrian
oriented experience with ground floor uses that are diverse and
interesting and contribute strongly to a distinctive and unique
downtown environment shopping experience.
Strategy LU-2.1: Restrict the use of ground floor commercial space along East
Campbell Avenue to retail, /restaurant, and other pedestrian
oriented uses.
PUBLIC NOTIFICATION
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In addition to the standard newspaper advertisement, staff mailed notices to property
owners of C-3 zoned properties. Correspondence received regarding the draft
ordinance is provide in Attachment E.
FISCAL IMPACT
Since the primary uses in Downtown—restaurants and retail—are both subject to sales
taxation, allowing other uses that are not taxable (e.g., service or instruction) could
result in a nominal loss in sales tax revenue over time.
ALTERNATIVES
1. If the Council decides not to proceed with the draft ordinance, this item could be
deferred until the new General Plan is adopted. A new General Plan could
provide clear guidance for future updates to the C-3 Zoning District.
2. If the Council generally agrees with the Planning Commission’s recommendation
but would like to modify specific land uses and/or definitions, those changes may
be read into the motion and would be reflected in the ordinance presented for
second reading.
For the Council’s reference, the following alternatives had been previously considered
but rejected by previous Councils.
• Adopt an 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;
• 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;
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•Expand the C-3 allowable uses to more closely resemble the C-2 (GC);
•Allow new uses unless specifically prohibited.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a.Draft Ordinance
b.Draft Resolution
c.Public Hearing History
d.PC Staff Report
e.Public Comment
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ITEM NO. 4
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ August 13, 2019
PLN2013-012
Zoning Code Amendment
Public Hearing to consider a City-initiated Zoning Code Amendment to amend Title 21 and Title 5 of the Campbell Municipal Code to establish a new list of allowable land uses for the C-3 (Central Commercial District)
Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment 1), recommending that the City Council adopt
an ordinance to amend Title 21 and Title 5 of the Campbell Municipal Code to establish a
new list of allowable land uses for the C-3 (Central Commercial District) Zoning District.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that the proposed zoning amendment is
Categorically Exempt from CEQA under Section 15061.b.3 which states that a project is exempt
from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
BACKGROUND
Starting in late 2012, staff was tasked with researching how other cities control land use in a Downtown environment. This was done in response to Council and community concerns that too many restaurants were displacing retailers, diminishing the Downtown's traditional retail
character. The Council and Planning Commission have held multiple study sessions and public
hearings to consider potential ordinance and policy changes that could address this perceived imbalance. In order to assist the Commission's understanding of these meetings, a chronology is provided in Attachment 2 (all previous reports can be accessed by clicking the blue hyperlinks).
Initially, this effort focused on limiting the number of new restaurants though targeted land use
restrictions, such as requiring a Conditional Use Permit for new restaurants or limiting the total number (or aggregate square-footage) of restaurants in the Downtown. However, in time, the approach evolved into establishing a more permissive land use program for the Downtown, rather than imposing new restrictions.
The Council initially expressed a desire to develop a comprehensive list of prohibited uses—specifically those that did not further the vision of a "pedestrian-oriented" and "family-friendly Downtown"—with the intent of allowing any use not on that list. This approach was based on the idea that by identifying and prohibiting only undesirable uses the Zoning Code would be more
accommodating to new or novel business ideas, as well as encourage greater market competition for tenant spaces.
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However, a list of prohibited uses proved to be excessively long and was bound to be
incomplete. Moreover, since this approach would lack a basic protection of the Zoning Code—that a use that is not specifically allowed is prohibited—the City would lose its ability to prevent an undesirable use that had not been explicitly prohibited.
To avoid these shortfalls, staff developed a modified approach inspired by the Council's
direction, as discussed below. This approach was presented to the City Council last year at its meetings of May 15th and July 3rd. At the latter meeting, the City Council made a motion to formally initiate the Zoning Code Amendment and supported the idea of separating the Downtown land uses out from those permitted in the East Campbell Avenue and Winchester
Boulevard Master Plans. The motion also directed the Planning Commission to watch the
webcast of the July 3rd meeting (available at this link) to form an understanding of Council expectations. DISCUSSION
The attached ordinance (reference Attachment 3) would revise the C-3 Zoning District through
incorporation of new land use definitions and land use table, as described below. Land Use Definitions: Currently, the C-3 Zoning District—like all of the City's zoning districts—specifies those land uses that are permissible, conditional, or prohibited. While
maintaining this structure at a high-level, staff has taken a hybrid approach that creates a broad
new land use category termed "pedestrian-oriented activities" that would incorporate certain desirable characteristics such as offering food, beverages, retail goods, services, instruction, and/or entertainment to the general public. This term would supplant many land use categories currently allowed such as retail stores, restaurants, personal services, and amusement centers.
Pedestrian-oriented activities would be juxtaposed with a new category of prohibited uses that would be called "incompatible activities". It would include several clearly undesirable uses (e.g., tattoo parlors, payday lenders, etc.) as well as any use that incorporates certain undesirable characteristics inconsistent with a downtown environment, such as outdoor storage,
manufacturing, and drive-through
By creating two broad categories of land uses—one allowed and one prohibited—the C-3 zoning district can allow enhanced flexibility for new business concepts, even those that might not currently exist today, while still providing safeguards against undesirable uses.
New Definitions
"Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate all of the following characteristics as determined by the Community Development Director in compliance with Section 21.02.020.F (Allowable uses of land).
This definition specifically includes retail stores, grocery stores, personal services, spa
services/health spa (excluding massage establishments), restaurants, indoor amusement centers, and studios as defined by Chapter 21.72 (Definitions)
• 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;
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PLN2013-12 ~ C-3 Downtown Zoning Update
• Is conducted within the interior of a building, except for outdoor displays and outdoor
dining areas as allowed by this Chapter;
• 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 as defined by this Chapter.
"Incompatible Activities" means any land use not identified in Table 2-11A (Land Use Table) or that incorporates one or more of the following characteristics, as determined by the Community Development Director in compliance with Section 21.02.020.F (Allowable uses of land):
• Services offered by a "body art" practitioner as governed by California Health and
Safety Code sections 119300-119324 (i.e., tattoo parlors and similar uses);
• Services offered by a deferred deposit transaction "licensee" as governed by California Financial Code sections 23000-23106 (i.e., payday lenders and similar
uses);
• Services offered by a "check casher" as governed by California Civil Code sections 1789.30-1789.38 (i.e., check cashing and similar uses);
• Services offered by a "pawnbroker" as governed by California Financial Code
sections 21000-21307 (i.e., pawnshops and similar uses);
• Services offered by a "secondhand dealer" or "coin dealer" as governed by California Business and Professions Code sections 21500-21672 (i.e., secondhand/thrift stores, consignment shops, gold buying, and similar uses);
• Services offered by a practitioner of hypnotism requiring a permit pursuant to
Chapter 5.08;
• Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter 5.55;
• Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on-site retail sales;
• Outdoor storage of merchandise or products;
• Assembly, compounding, manufacturing or industrial processing of merchandise or products;
• Breeding, harboring, raising, or training of animals;
• Repair, maintenance, or sale of motor vehicles;
• Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or drive-in service);
• Smoking or vaping of tobacco products (as defined by Chapter 6.11);
• Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38 and 8.40); or
• Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations,
or similar disturbance which is obnoxious or offensive or creates a nuisance.
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PLN2013-12 ~ C-3 Downtown Zoning Update
Land Use Table: The Council's direction would replace the existing C-3 land use list with a new
table so that uses may be separately allowed between upper and lower floors. The intent of this distinction is to reserve the street-level primarily for "pedestrian-oriented activities". In addition to "incompatible activities" and "pedestrian-oriented activities" the land use table would still separately identify several uses that do not neatly fall into either of these new categories (i.e.,
apartments, etc.) or that should remain subject to a Conditional Use Permit (i.e., liquor
establishments) even when combined with an otherwise permitted pedestrian-oriented activity. The following C-3 land use table specifies land use allowability as either Permitted (P) (allowed with only a business license), Conditional (C) (requiring a Conditional Use Permit), or
Prohibited (X) and whether allowed on the ground or upper floors.
Table 2-11A
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 X 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
As noted, the Council indicated that the zoning amendment should not affect the land use prescribed for the East Campbell Avenue or Winchester Boulevard Master Plan areas. The reason for this direction is that these two Master Plans make direct reference to the C-3 Zoning District such that any changes made could have a wider effect. To implement the Council's
direction an additional land use table has also been incorporated that would apply to the two
Master Plans, as well as the South of Campbell Avenue (SOCA) Plan, which also references the C-3 Zoning District. This table would continue the current land use allowances for these areas, with the exception of
medical clinics which would now be allowed. Staff included this additional use due to continuing
interest in establishing specialized medical clinics near Downtown. However, the current permitting procedures for the Planned Development Zoning District would continue to provide City review for any proposed changes of uses.
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PLN2013-12 ~ C-3 Downtown Zoning Update
Additional Revisions: The draft ordinance also includes several miscellaneous changes that
directly or indirectly affect the C-3 Zoning District in some manner:
• Existing provisions regarding outdoor seating and displays, alcohol service, live entertainment, and parking have been modified to make reference to pedestrian-oriented
activities.
• The C-3 Development Standards table has been modified to remove references to the former Redevelopment Agency (now defunct) and to incorporate a maximum density value consistent with the General Plan (27 units/gr. acre).
• The Downtown Sign Regulations include a technical correction regarding its relationship to the City-wide Sign Ordinance. Additionally, existing language that discourages plastic signs has been revised to prohibit plastic signs, consistent with current staff practice.
• The findings for approval of a Conditional Use Permit for new liquor establishments have
been updated to incorporate by reference the Downtown Alcohol Beverage Policy.
• The Zoning Code definition for dancing and live entertainment has been modified to clarify that it pertains to either live entertainment and/or dancing. The terminology has also been revised to make it consistent with other provisions of the Municipal Code
pertaining to Live Entertainment Permits.
ANALYSIS
Effect of Changes: The desired result of this zoning amendment is to foster new business concepts in the Downtown by reducing the restrictions of the existing zoning and its inherent
uncertainty. For instance, at its last meeting, the Planning Commission approved a Conditional
Use Permit for a "technology and gaming center". That proposal was found appropriate for the Downtown, however, the business owners had to endure a delay and cost of the Conditional Use Permit process. Under the proposed zoning amendment, this business would have been classified as a pedestrian-oriented activity and been allowed without a Conditional Use Permit. By
removing such barriers, this approach would allow staff to approve new business concepts over-
the-counter. Moreover, by providing a greater number of potential tenants to landlords, the mix of land uses in the Downtown may veer away from food-centered businesses and perhaps redirect attention to "experiential retail" and other community-engaging concepts.
Geographic Applicability: As noted, the zoning amendment is intended to apply to the C-3
Zoning District and specifically not to the East Campbell Avenue and Winchester Boulevard Master Plan areas. However, in the addition to the core Downtown area within the loop streets, the proposed land use changes would also apply to several Planned Development zoned properties, shown in dark blue on the map on the following page. These properties share the
same Central Commercial General Plan Land Use Designation as the C-3 Zoning District. Under
the land use provisions of the Planned Development Zoning District, this means that the proposed land use changes would also apply. Although not technically within the C-3 zoning district, these properties areas are subject to the Downtown Development Plan and are commonly understood to be part of the Historic Downtown. Additionally, these properties do not have on-
site parking and rely on public parking facilities such that treating them in the similar manner as C-3 zoned properties may be found appropriate.
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PLN2013-12 ~ C-3 Downtown Zoning Update
General Plan Conformance: Pursuant to CMC Section 21.60.070, an amendment to the Municipal Code may only be approved if the decision-making body finds that: (1) the proposed amendment is consistent with the goals, policies, and actions of the General Plan; (2) the proposed amendment would not be detrimental to the public interest, health, safety, convenience,
or general welfare of the city; and (3) the proposed amendment is internally consistent with other
applicable provisions of the Zoning Code. Staff believes that these findings can be favorably established, as discussed below: 1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; The following policies and strategies from the General Plan and Downtown Development Plan articulate a vision of Downtown as a varied and balanced economic eco-system, which the proposed zoning amendment is intended to facilitate. Although there is an emphasis on
traditional retail and restaurant uses on the ground floor, the rapidly evolving nature of retail
may support a broader understanding of these goals.
Campbell General Plan: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services and entertainment. Strategy LUT-5.3g: Day and Evening Activities: Encourage restaurant and specialty retail uses in the Downtown commercial area that will foster a balance of day and evening activity. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses.
C-3 Zoning District
P-D Zoning District
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PLN2013-12 ~ C-3 Downtown Zoning Update
Strategy LUT-19.1a: Mix of Uses: Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses. Strategy LUT-19.1b: Mix of Uses: Reinforce East Campbell Avenue as a pedestrian-oriented
retail street. Downtown Development Plan Goal LU-1: To continue the development and revitalization of the Downtown areas in a manner that positions it as a viable, self sustaining commercial district in
the competitive marketplace of Silicon Valley. Goal LU-2: Work to develop and promote a variety of retail businesses and diversification of eating establishments that will help create a unique destination and identity for Downtown. Policy LU-2.1: Ground Level Commercial: Develop and maintain the ground floor space along East Campbell Avenue between Third Street and the light rail tracks
as a distinctive retail and restaurant experience with ground floor uses that are diverse and interesting and contribute strongly to a distinctive and unique shopping experience.
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city; As noted, the proposed ordinance would maintain appropriate prohibitions on undesirable (or incompatible) land uses within the Downtown. These protections will prevent establishment of land uses that could detrimentally affect the public interest, health, safety, convenience, or general welfare of the city.
3. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
In addition to Title 21 (Zoning), the proposed ordinance would also make a minor change to Title 5 (Business Licensing) pertaining to live entertainment permits in order to bring the
terminology into alignment.
Attachments: 1. Draft Planning Commission Resolution 2. Public Hearing Chronology
3. Draft City Council Ordinance
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PLN2013-12 ~ C-3 Downtown Zoning Update
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Directo
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Packet Pg. 360 Attachment: PC Staff Report (Aug. 13, 2019) (PLN2013-012 ~ C-3 Zoning District Land Use Update)
7:30 P.M.
CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
AUGUST 13, 2019
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of August 13, 2019 was called to order at 7:30 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chair Rivlin and the
following proceedings were had, to wit:
RM 1 CAI 1
Commissioners Present: Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioners Absent: Commissioner:
Staff Present: Community
Development Director
Senior Planner:
Associate Planner:
City Attorney:
Recording Secretary:
APPROVAL OF MINUTES
Andrew Rivlin
Mike Krey
Adam Buchbinder
Stuart Ching
Terry Hines
Maggie Ostrowski
Paul Kermoyan
Daniel Fama
Stephen Rose
William Seligmann
Corinne Shinn
Motion: Upon motion by Commissioner Krey, seconded by Commissioner
Hines, the Planning Commission minutes of the meeting of July 23,
2019, were approved as submitted. (4-0-1-1; Commissioner Ostrowski
was absent and Commissioner Ching abstained)
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Campbell Planning Commission Minutes for August 13, 2019 Page 17
3. PLN2013-12 Public Hearing to consider a. City -initiated Zoning Code Amendment
to amend Title 21 and Title 5 of the Campbell Municipal Code to
establish a new list of allowable land uses for the C-3 (Central
Commercial District) Zoning District. Staff is recommending that this
item be deemed Categorically Exempt under CEQA. Tentative City
Council Date: September 3, 2019. Project Planner: Daniel Fama,
Senior Planner
Mr. Daniel Fama, Senior Planner, provided the staff report.
Chair Rivlin asked if there were questions for staff.
Commissioner Hines said Planner Daniel Fama did an excellent job on the reportbut asked
about a limitation on sex shops. Planner
Daniel Fama said he added that to it last week. Commissioner
Buchbinder said it makes for fewer things requiring a CUP. It seems more straightforward.
What about wireless? Planner
Daniel Fama said that wireless refers to Cell Towers. Commissioner
Buchbinder asked why tattoo shops are not allowed. Planner
Daniel Fama said that is a troubled business category in the past. Not allowing a particular
use is traditionally a form of discouragement. Commissioner
Buchbinder asked that opinion is dated from when? Commissioner
Ching said he had the same question. Last time it was an issue? Planner
Daniel Fama said he has not seen ,an application in the 12 years he's been around.
Commissioner
Ching said it seems it is not a problem. Planner
Daniel Fama said there are some tattoo establishments in the City. They're not disallowed
but are generally located in General Commercial Zoning Districts as opposed to
the Central Business District that is Downtown. Commissioner
Hines said there have been tremendous changes in terms of wireless. Planner
Daniel Fama said that there are other provisions for wireless within a public right- of-
way that is something Public Works is work on. He added that if a use is deemed not to
be compatible by the Community Development Director there is always an appeal process
available at a $200 appeal fee cost.
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Campbell Planning Commission Minutes for August 13, 2019 Page 18
Commissioner Krey said that staff provided a great report on this. This Ordinance makes
things easier for everyone. He verified that this doesn't change the Downtown Campbell
Alcohol Policy.
Planner Daniel Fama replied yes. r
Commissioner Krey asked about medical cannabis.
Planner Daniel Fama said that that is currently prohibited, and he is not sure if there are
any plans to change that at this time.
City Attorney Bill Seligmann verified there were no plans to change that.
Chair Rivlin opened the Public Hearing for Agenda Item No. 3.
Chair Rivlin closed the Public Hearing for Agenda Item No. 3.
Director Paul Kermoyan:
Reported that in the past the Downtown was not active or lively. Instead there were
lots of offices and second-hand shops.
Since then lots of changes have been made to activate the street. The
Redevelopment Agency had a large part in helping the Downtown to reach its current
success.
Added that what is there today is what both the Council and Redevelopment Agency
wanted to reach.
Stated that Council wants to allow more uses that still somewhat pedestrian friendly in
nature.
Commissioner Hines asked what appropriate uses are and how would this Ordinance
change control over the Downtown.
Planner Daniel Fama said there is a matter of risk. We don't really know what types of
activities are going to show up. However, change will likely happen slowly.
Commissioner Buchbinder asked what a banquet facility is.
Planner Daniel Fama said Villa Ragusa is considered a banquet facility with large spaces
that are available for larger events.
Commissioner, Buchbinder asked how much of Downtown is more than one floor.
Planner Daniel Fama said he didn't know that off hand.
Commissioner Buchbinder asked if there are plans to expand the Winchester and East
Campbell Avenue plans as well.
Planner Daniel Fama,said that Council didn't want to do so now but those plans could be
expanded later.
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Campbell Planning Commission Minutes for August 13, 2019 Page 19
Commissioner Ching asked staff about the potential for "pop-up" shops that are the trend
right now. Where could that fit in?
Planner Daniel Fama said that pop -ups are limited term retail or limited restaurant
activities ,and are not necessarily prohibited.
Chair Rivlin asked about considering having office uses on the first floor with a
Conditional Use Permit.
Commissioner Hines stated that could take us backwards to a time when the Downtown
was somewhat quiet.
Planner Daniel Fama said that would modifying the draft.
Director Paul Kermoyan said that certain occupancies require fire sprinklers which
equates a cost the tenant is not willing to undertake.
Motion: Upon motion of Commissioner Hines, seconded by Commissioner
Ching, the Planning Commission adopted Resolution No. 4523
recommending that the City Council approve a City -initiated Zoning
Code Amendment to amend Title 21 and Title 5 of the Campbell
Municipal Code to establish a new list of.allowable land uses for the
C-3 (Central Commercial District) Zoning District, changing office
uses to a conditional use on the ground floor, by the following roll
call vote:
AYES: Buchbinder, Ching, Hines, Krey, and Rivlin
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Rivlin advised that this action would be considered by the City Council for final
action at its meeting on September 3, 2019.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan made the following additions to his written report:
The California APA (American Planning Association) Conference will occur September
15th through 18th in Santa Barbara.
Advised that he can send up to two Commissioners. Commissioners Ching and
Buchbinder indicated their availability to attend.
Reminded Commissioner Buchbinder that under the requirements of the updated
Planning Commission Ordinance, as the newest appointed Commissioner he would
be required to attend the League of California Cities Planning Commissioner Academy
two years in a row. The next LCC PC Academy will occur in March 2020.
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Campbell Planning Commission Minutes for August 13, 2019 Page 20
ADJOURNMENT
The Planning Commission meeting adjourned at 10:38 p.m. to the next Regular Planning
Commission Meeting of A t 27, 2019.
SUBMITTED BY:
APPROVED BY:
ATTEST:
An
Paul
0
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Packet Pg. 365 Attachment: PC Meeting Minutes (Aug. 13, 2019) (PLN2013-012 ~ C-3 Zoning District Land Use Update)
Previous Meeting History
March 5, 2013 (City Council Study Session): The Council considered a comprehensive
report outlining applicable City policies and standards, as well as an analysis providing
an explanation for the observed shift. At the conclusion of the study session, the Council
directed staff to proceed with preparation of an amendment to the Zoning Code that
would require a Conditional Use Permit for conversion of existing retail space to
restaurant use in the C-3 Zoning District.
July 16, 2013 (City Council Study Session): Staff presented a tailored approach that
would require a Conditional Use Permit for a restaurant conversion tied with findings
that would direct the Planning Commission to consider potential "over-concentration" of
restaurants in the immediate area. Although the Council expressed a concern for the
loss of long-term retailers, the consensus was not to proceed with a CUP permit
process at that time. Instead, the Council directed staff to continue to monitor the
situation.
February 17, 2015 (City Council Study Session): At the request of the Council, the
issue was revisited. The Council was provided with updated information highlighting the
changes over the preceding two years. The Council discussed various issues including
defining an appropriate "mix of uses," the role of alcohol service, and consideration of a
moratorium for new restaurants. The Council requested that the study session be
continued and reconvened jointly with the Planning Commission to allow for input and
discussion with the Commission.
June 16, 2015 (Joint City Council/Planning Commission Study Session): At the joint
study session, the Commission and Council received public comment and had a wide-
ranging discussion on the role of restaurants in the Downtown, the future of local retail,
potential regulatory options, and the City's economic development efforts. At the
conclusion of the meeting, there was an emerging consensus that the Conditional Use
Permit requirement should be reviewed again. As a result, preparation of Zoning Code
Amendment was placed on the FY2016 Work Plan for staff to bring forward within the
fiscal year.
February 23, 2016 (Planning Commission Public Hearing): As directed by the Work
Plan item, staff prepared a zoning code amendment that would have required approval
of a Conditional Use Permit for any new restaurant, tied to specific findings intended to
encourage an appropriate balance of uses, diversification of eating establishments, and
to limit an "overconcentration" of restaurants in the immediate area. The Planning
Commission supported the proposed amendment and forwarded a recommendation to
the City Council.
March 15, 2016 (City Council Public Hearing): The Council's discussion concluded with
a decision not to adopt the proposed amendment. Although there was support for a
Conditional Use Permit process, the Council directed staff to review incentives that may
encourage retailers as well as reviewing the list of allowable uses in the Downtown. The
thought process for this direction hinged on the idea that if property owners had a broad
choice of use types, the market would correct the displacement of retail.
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Packet Pg. 366 Attachment: Meeting History (PLN2013-012 ~ C-3 Zoning District Land Use Update)
February 7, 2017 (City Council Study Session): The Council held a study session to
continue the ongoing discussion on the mix of uses in the Downtown. At the meeting's
conclusion, the Council provided general direction and questions for subsequent follow-
up, including: revise the list of allowable uses to include additional uses, provide an
allowance for historic buildings to have more use flexibility, eliminate the parking
exception for restaurants, modify the signage standards to allow secondary (smaller)
wall signs for menu listings (and similar signs), explore electronic parking signage and
a trolley system, and streamline commercial tenant improvement (TI) permits.
May 2, 2017 (City Council Public Hearing): The City Council considered a revised
zoning text amendment that identified additional land uses that could be principally or
conditionally permitted in response to Council direction. Public comments expressed
concern that new land use types would vary from the goal of creating a vibrant
Downtown. As a result of the public comment and Council deliberation, staff was
directed to look at use types that were pedestrian friendly.
June 6, 2017 (City Council Public Hearing): Due to a long agenda, the item was
continued without Council action being taken.
August 15, 2017 (City Council Public Hearing): Based on the Council feedback from
May 2, 2017, staff presented a new land use table focused on encouraging pedestrian-
oriented uses and revised signage and parking requirements. The Council felt that what
was presented remained inconsistent with their direction. As a result, the Council
continued the meeting and approved appointment of an ad-hoc committee to review the
matter further.
May 25, 2018 (City Council Public Hearing): Following meeting of the City Council ad-
hoc committee on October 17, 2017 and preparation of a benchmark study by the
Economic Development Division, staff presented a new approach to managing land use
in the Downtown including new definitions and creation of a new land use table. The
Council continued the meeting and requested staff prepare a table comparing the uses
currently allowed and those that would be allowed under the expanded list.
July 3, 2018 (City Council Public Hearing): Staff returned with the requested
information. The City Council formally initiated preparation of a Zoning Code
Amendment based on the staff's approach.
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1
Daniel Fama
From:Laurie Doss <2lldoss@gmail.com>
Sent:Tuesday, February 4, 2020 1:13 PM
To:Daniel Fama; Daniel Fama
Subject:Letter to City Council- Please email me you received this, Thanks
We respectfully request the City Council to vote and approve to expand dual use
retail / service businesses and pedestrian-oriented activities without requiring a Conditional Use
Permit in Downtown Campbell. We understood you want a balance of Retail, Restaurants and
Service and we feel a less regulatory approach would
bring a better variety of businesses into Downtown Campbell. We would also ask the City Council
not to require a Conditional Use Permit for conversion of existing retail space to restaurant use.
Going back to 2012 the City Council and Planning Commission has held numerous meetings,
multiple study sessions and public hearings with no resolution.
Retail has changed over the years and a retail business needs to combine retail, service, repair
and instruction all in the same location to survive. When a retail store
in Downtown Campbell has more options to offer a customer, it will bring additional
foot traffic on a daily basis and we will see a higher business success rate.
There are more going out of business sales: Forever 21, Walgreens, Dress barn, GameStop,
Gap to name a few have already announced over 9,000 store closings in 2019 - way more than
we saw during all of 2018. That’s according to Core sight Research, which predicts the number
could hit 12,000 by the end of the year. As online shopping continues to grow, another 75,000
stores could be lost by 2026.
https://moneywise.com/a/retailers-closing-stores-in-2019
When we were trying to lease our space, we had a high rate of calls for restaurants and wine bars.
Here is a partial list of businesses that would have liked to lease but were not allowed because of
the currant zoning code in Downtown Campbell.
Optician and glasses, Shoe Repair,
Quilting supplies and classes, Bicycle sales and service,
Cell phone sales and repair, Hobby shop and repair,
P O Box-gift wrapping-cards and shipping,
Beauty supply and salon (in the back of the unit),
Portrait studio and picture framing,
Pottery studio sales and classes
Golf clubs, lessons / instructions.
Please vote and approve to expand dual use retail / service businesses and pedestrian-oriented activities
without requiring a Conditional Use Permit and not to require a Conditional Use Permit for conversion of
existing retail space to
restaurant use in Downtown Campbell.
Sincerely,
Laurie and Dana Doss
241 East Campbell Ave. Campbell, Ca.
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Packet Pg. 368 Attachment: Correspondence (PLN2013-012 ~ C-3 Zoning District Land Use Update)
Planning Department, City Council Members, Mayor and City Manager 8/8/2019
Thank you for taking the time to read our letter and address our concerns for Downtown
Campbell. We know your time is valuable and we would be grateful if you would allow
additional types of dual use retail / service businesses in Downtown Campbell on Campbell
Avenue. We understood you want a balance of Retail, Restaurants and Service. Retail has
changed over the years and retail businesses need to combine retail, services, repair
and instruction all in the same store to stay open. When a retail store in Downtown
Campbell has more options to offer a customer, it would bring additional foot traffic on a daily
basis and we will see a higher business success rate.
When we were trying to lease our space, we had a high rate of calls for restaurants and wine
bars. Here is a partial list of businesses that would have liked to lease but were not allowed
because of the current zoning code in Downtown Campbell.
Beauty supply and salon (in the back of the unit)
Portrait studio and picture framing
Optician and glass frames
P O Boxes, gift wrapping, cards and shipping
Shoe Repair
Quilting supplies and classes
Bicycle sales and service
Cell phone sales and repair
Golf clubs, lessons / instructions
Hobby shop and repair
Pottery studio sales and classes
Mommy and me classes
Going back to 2012 the City Council and planning Commission has held multiple study sessions
and public hearings. We feel a less regulatory approach for retail / service businesses without
requiring a Conditional Use Permit would bring a variety of businesses into Downtown
Campbell. We would also ask the City Council not to require a conditional use permit for
conversion of existing retail space to restaurant use.
We respectfully request the City Council to vote and approve to expand dual use retail / service
businesses in Downtown Campbell.
If we can be of any assistance please do not hesitate to contact us.
Sincerely,
Laurie and Dana Doss
241 East Campbell Ave. Campbell, Ca.
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1
Daniel Fama
From:Patti Allen <faceregime@yahoo.com>
Sent:Tuesday, August 13, 2019 5:45 PM
To:Daniel Fama
Subject:Zoning Amendment
Hello Daniel,
My name is Patti Allen and I am the sole owner of La Bella Faccia here in Downtown Campbell , 401 E. Campbell Ave
Unit A, my new location. I was located on Civic Center Drive for 15yrs before closing business for 3yrs. I would like to
share my support for allowing the uses of personal services for those small businesses that are not located at the
required 50 feet from the E. Campbell Ave street. This would benefit my type of business substantially, as I find that my
perspective customers who are walking in my new location here in downtown are asking for the experience of a
personal skincare service from me. If I could give the experience with no limitations, it will increase my retail sale of the
skincare line I carry significantly, as this experience gives the customer to see and feel the immediate benefit of the
product and how it changes up the skin which lead into retail sales 95% of the time. Without personal services I am
finding retail sales to be a challenge with what I sale and leads me to be highly concerned if I will be able to fulfill my
time here as a business owner!
Please, consider and share my full support in the proposal at hand for the allowance for businesses like mine to offer
personal services!
Thank you,
Patti Allen
Sent from my iPad
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Packet Pg. 370 Attachment: Correspondence (PLN2013-012 ~ C-3 Zoning District Land Use Update)