Planning Commission Staff Report (2016-02-23)
ITEM NO. 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 23, 2016
PLN2013-13
Text Amendment
Public Hearing to consider the City-initiated Zoning Text Amendment
(PLN2013-13) to amend the Campbell Zoning Code to reclassify restaurants
and motor vehicle sale establishments (within an enclosed building) as
conditionally permitted uses subject to approval of a Conditional Use Permit
and specifically prohibiting drive-through and drive-in restaurants within the
C-3 (Central Business District) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, recommending that the City
Council adopt the attached draft ordinance.
ENVIRONMENTAL DETERMINATION
An amendment to the Zoning Ordinance is considered a "project" under Section 15378(a)(1) of the
California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental
review. However, such an action may be exempted from environmental review if the City finds
that there is no possibility that it will have a significant effect on the environment (Sec.
15061(b)(3)). Since the proposed text amendment represents a minor adjustment to the allowable
uses within one zoning district, it would not result in new activity that would alter the physical
environment. Therefore, staff recommends that the project be found categorically exempt.
BACKGROUND
Over the last several years, the City has witnessed a shift in the commercial makeup of the
Downtown as restaurants have overtaken traditional retailers to now constitute a plurality of all land
uses (both numerically and in aggregate square-footage). In response to these observations, the City
Council has held three study sessions and one joint study session with the Planning Commission, to
determine if there are any policy, code, or market factors that have influenced this change:
• March 5, 2013 (reference Attachment 3 – Staff Report): The City 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 (CUP) for conversion of
existing retail space to restaurant use in the C-3 Zoning District.
• July 16, 2013 (reference Attachment 4 – Staff Report): Staff presented a tailored
approach that would require a CUP 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.
Staff Report ~ Planning Commission Meeting of February 23, 2016 Page 2 of 6
PLN2013-13 – C-3 Zoning District
• February 17, 2015 (reference Attachment 5 – Staff Report): The Council was provided
with updated information on this matter, 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 February 17th study session be continued and reconvened
jointly with the Planning Commission to allow for input and discussion with the
Commission.
• June 16, 2015 (reference Attachment 6 – Staff Report): At the joint study session, the
Commission and Council received public comment and had an 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 CUP requirement should be reviewed again. As
a result, the zoning text amendment was placed on the FY2016 work plan for staff to
bring forward within the fiscal year.
DISCUSSION
Current Requirement: Within the C-3 (Central Business District) Zoning District, a restaurant
that includes any of the following features is considered a "conditional use," requiring approval
of a CUP, subject to the Downtown Alcohol Beverage Policy:
1. Sale of "hard alcohol" (distilled spirits of any type, including in mixed-drinks).
2. A delineated "bar area" (defined as a "separate area, tables, or a room intended primarily
for serving alcoholic beverages" per CMC Sec. 21.10.060.F.1.b).
3. Operation after 11:00 PM ("late-night" hours), including staff clean-up.
4. Live entertainment in association with any of the above features.
A restaurant without any of these features—including restaurants without a separate bar area that
provide beer and wine service—is considered a "permitted use" and does not require approval of
a CUP. Almost without exception, CUP requests in association with restaurants are related to
alcohol service (technically defined as a "liquor establishment"). When reviewing such
applications, CMC Sec. 21.46.070 directs the Planning Commission to determine whether an (1)
overconcentration of liquor establishments in the vicinity exists, (2) if the establishment would
create a nuisance or (3) adversely affect the neighborhood, and (4) if it would result in an
increased demand for City services.
The intent of these findings is to limit the concentration of bars and restaurants with alcohol
service and to substantiate conditions of approval intended to impose reasonable restrictions on
business operations (e.g., hours of operation). In large part, establishment of these findings may
be grounded in conformance with the Downtown Alcohol Beverage Policy, in that an
establishment that maintains responsible alcohol service is unlikely to create a nuisance, disturb
the neighborhood, or increase the demand on City services. However, this analysis pertains only
to alcohol service associated with a restaurant, and does not consider the merits of the restaurant
use itself. Moreover, a policy is a poor tool to guide desired land uses absent formalized
implementation, such as an ordinance establishing a codified discretionary process, in as much
the Policy is mere guidance, and is not binding on the Commission or Council.
Staff Report ~ Planning Commission Meeting of February 23, 2016 Page 3 of 6
PLN2013-13 – C-3 Zoning District
Proposed Text Amendment: The attached draft ordinance includes the following proposed
zoning text revisions intended to provide more regulatory authority of restaurants, as a separate
and distinct land use discussion from alcohol service:
1. Restaurant CUP Requirement: Restaurants in the C-3 Zoning District would be
categorized as "conditional use", requiring approval of a CUP. This would allow the
Planning Commission to consider the merits of a new restaurant proposal on a case-by-
case basis. However, new restaurants locating within ground-floor tenant spaces along
Campbell Avenue currently occupied by an office or salon would be exempted as an
incentive for property owners to turn-over ground-floor tenant spaces currently occupied
by these non-conforming uses (offices and salons are no longer permitted along Campbell
Avenue, east of Second Street).
2. Findings of Approval: A CUP is not merely a mechanism to impose conditions of
approval. Rather, it is a tool that allows the City to determine if a particular use is
appropriate in a particular location. In this regard, in making its determination to approve
or deny a CUP application, the Planning Commission must rely on established findings,
which form the basis for a decision. Since the purpose of this CUP requirement is to
determine appropriateness of a new restaurant on a site-specific basis, the findings should
speak to the applicable goals and policies of the City. To this extent, staff has prepared
the following findings that would be applicable to new restaurant CUPs:
• Establishment of the proposed restaurant will foster a balance of day and evening
activity in the downtown;
• Establishment of the proposed restaurant will maintain a balanced mix of
permitted uses in the downtown;
• Establishment of the proposed restaurant will contribute to the diversification of
eating establishments in the downtown;
• Establishment of the proposed restaurant will not result in an over concentration
of restaurants in the immediate vicinity.
In effect, these findings would "raise the bar" for new restaurateurs to demonstrate the
desirability of their specific proposal in relation to City policies and goals. These findings
may encourage establishment of eateries not currently represented in Downtown or those
that provide a unique dining experience. Additionally, the CUP process would create a
new barrier to entry for restaurants, providing a layer of protection to retail businesses
who would have a competitive advantage to secure and/or retain tenant space.
In terms of the last finding, the Commission would need to establish that there is not an
"over concentration" of restaurants in the "immediate vicinity". Both of these terms are
subject to interpretation such that individual Commissioners may come to a different
conclusion as to how many restaurants constitute too many. However, the wording
provides broad discretion allowing the Commission to make that determination on a case-
by-case basis. The Commission could consider more specifically defining "over
concentration" by including a specific locational criteria such as a minimum distance (x
number of feet) between restaurants or other separation standard ("not immediately
adjacent to") as to remove individual judgment from the review.
Staff Report ~ Planning Commission Meeting of February 23, 2016 Page 4 of 6
PLN2013-13 – C-3 Zoning District
3. Miscellaneous Restaurant Changes: The following are other minor changes included in
the proposed ordinance:
a. Downtown Alcohol Beverage Policy: The findings for approval for alcohol
service (i.e., "liquor establishments") would be amended to include language
requiring that the use is "consistent with the Downtown Alcohol Beverage Policy,
when applicable." Incorporation by reference of the Policy in this manner will
formalize its use in review of CUP applications.
b. Non-Conforming Status: Language would be added to the non-conforming
section to clarify that any restaurant with an existing CUP is "conforming" use
and would not be affected by the proposed ordinance.
c. Drive-through/drive-in Restaurants: Drive-through and drive-in restaurants would
be specifically prohibited in the C-3 Zoning District. These uses have been long
deemed prohibited as they are not specifically identified as allowable, and are not
consistent with the pedestrian-orientation of the Downtown.
4. Motor Vehicle Sale Establishments: Unrelated to the proposed changes to restaurant uses,
staff is recommending that motor vehicle sale establishments (within an enclosed
building) be listed as a "conditional use" in C-3 Zoning District. Although not currently
identified in any manner, former Community Development Director Fierro determined
this use to be allowable—in regard to Import Connection—pursuant to CMC Sec.
21.10.060.B.18 which allows "other uses similar" to those listed. This change would
formalize this past determination. Since vehicle showrooms bear a strong similarity to a
retail store, more so than an outdoor vehicle sales lot, their allowance is consistent with
the C-3 Zoning District.
ANALYSIS
Pursuant to CMC Sec. 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;
City land use policies applicable to this matter can be found in the Campbell General Plan
and the Downtown Development Plan. Together, these documents speak to a desire to
promote and enhance a Downtown environment that provides a desirable balance of land
uses including shopping, services, and entertainment. This vision is evidenced in policies that
encourage a mix of day and evening activities, a distinctive retail presence, a diversity of
eating establishments, support for neighborhood-serving businesses, and protection of
surrounding residential neighborhoods. Adoption of the proposed ordinance to reclassify
restaurants a conditional use would be consistent with this policy vision.
Staff Report ~ Planning Commission Meeting of February 23, 2016 Page 5 of 6
PLN2013-13 – C-3 Zoning District
Campbell General Plan:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual
character; and allow change consistent with reinforcing positive neighborhood
values, while protecting the integrity of the city’s neighborhoods.
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.
Strategy LUT-9.1c: Land Use Objectives and Redevelopment Plans: Permit only those uses that are
compatible with land use objectives and redevelopment plans.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within
walking distance of residential uses.
Policy LUT-19.1: Campbell Downtown Development Plan: Ensure that new development within
the Downtown Area complies with the requirements of the Campbell Downtown
Development Plan.
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.
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.
Strategy LU-6.1a: Expand the Downtown boundaries while maintaining a scale that is in keeping
with the “small town” image identifiable in the community and create a
comfortable experience for the pedestrian.
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city;
The proposed Zoning Text Amendment is not detrimental to the public interest, health,
safety, convenience, or general welfare of the City, as it will provide greater regulatory
authority over the establishment of new restaurants in furtherance of the above noted General
Plan policies and strategies.
3. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
Staff Report ~ Planning Commission Meeting of February 23, 2016 Page 6 of 6
PLN2013-13 – C-3 Zoning District
The proposed text changes to Section 21.30.60 (C-3 Zoning District) and Section 21.46.070
(Special findings for liquor establishments) do not affect other provisions of the Zoning Code
and would, therefore, not result in an internal incontinency.
NOTIFICATION
Since the proposed text amendment affects a geographically distinct area of the City (C-3 Zoning
District), all properties within the zoning district, as well as those within 300 feet, were noticed
of this hearing.
Attachments:
1. Findings for Recommendation
2. Draft City Council Ordinance
3. City Council Staff Report, dated March 5, 2013
4. City Council Staff Report, dated July 16, 2013
5. City Council Staff Report, dated February 17, 2015
6. City Council Staff Report, dated June 16, 2015
Prepared by:
Daniel Fama, Associate Planner
Approved by:
Paul Kermoyan, Community Development Director
Attachment 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2013-13
APPLICANT: City-Initiated
P.C. MEETING: February 23, 2016
Findings for recommending City Council adopting an Ordinance to amend the Campbell Zoning
Code to reclassify restaurants and motor vehicle sale establishments (within an enclosed
building) as conditionally permitted uses subject to approval of a Conditional Use Permit and
specifically prohibiting drive-through and drive-in restaurants within the C-3 (Central Business
District) Zoning District.
The Planning Commission finds as follows with regard to File No. PLN2013-13:
1. The project consists of a Zoning Text Amendment that would reclassify restaurants and
motor vehicle sale establishments (within an enclosed building) as conditionally permitted
uses subject to approval of a Conditional Use Permit and specifically prohibiting drive-
through and drive-in restaurants within the C-3 (Central Business District) Zoning District.
2. The proposed Zoning Text Amendment would encourage a compatible mix of uses in the
Downtown, reinforce East Campbell Avenue as a pedestrian-oriented retail street, and foster
a balance of day and evening activity.
3. The legislature of the State of California has, in Government Code Sections 65302, 65560
and 65800, conferred upon local government units authority to adopt regulations designed to
promote the public health, safety and general welfare of its citizenry;
4. Review and adoption of this Text Amendment is done in compliance with California
government Code Sections 65853 through 65857, which require a duly noticed public
hearing of the Planning Commission whereby the Planning Commission shall provide its
written recommendation to the City Council for its consideration.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
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 this
Zoning Code.
4. The Proposed Text Amendment is exempt from review under the California Environmental
Quality Act as there is no possibility for the project to have a significant effect on the
environment, pursuant to §15061(b)(3).
Ordinance No. _____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CERTAIN SECTIONS OF TITLE 21 (ZONING) OF THE CAMPBELL
MUNICIPAL CODE TO RECLASSIFY RESTAURANTS AND MOTOR VEHICLE SALE
ESTABLISHMENTS (WITHIN AN ENCLOSED BUILDING) AS CONDITIONALLY
PERMITTED USES SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT
AND SPECIFICALLY PROHIBITING DRIVE-THROUGH AND DRIVE-IN
RESTAURANTS WITHIN THE C-3 (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT.
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 more
specifically restrict certain 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
Text Amendment qualifies as Exempt from the California Environmental Quality Act
(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.
SECTION 3. Section 21.30.060 (C-3 (Central Business District) zoning district) of the
Campbell Municipal Code is hereby amended as set forth in attached Exhibit A.
Additions are indicated by underlined text and deletions are indicated by strikethrough
text. Portions of Section 21.30.060 not shown in underlined text or strikethrough type
are not changed.
SECTION 4. Section 21.46.070 (Special findings for liquor establishments) of the
Campbell Municipal Code is hereby amended as set forth in attached Exhibit B.
Additions are indicated by underlined text and deletions are indicated by strikethrough
text. Portions of Section 21.30.060 not shown in underlined text or strikethrough type
are not changed.
SECTION 5: 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.
Attachment 2
PASSED AND ADOPTED this _____ day of ____________, 2016 by the following roll
call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_____________________
Jason T. Baker, Mayor
ATTEST:
_______________________________
Wendy Wood, City Clerk
EXHIBIT B
21.10.060 - 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. The building forms in this zoning district edge the street and
include retail commercial uses (e.g., entertainment, shopping, and
servicesrestaurants) 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:
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. 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, massage services, photographic studio,
shoe repair shops, and tailors, except on the ground floor of parcels abutting
East Campbell Avenue east of Second Street unless the following standards
can be met:
a.The business is located in a separate tenant space that is a minimum of
fifty feet from the East Campbell Avenue property line; and
b.The separate tenant space does not have a door or entrance that takes
access from East Campbell Avenue.
4.Outdoor seating and merchandise displays, subject to approval of an outdoor
seating and merchandise display permit in compliance with paragraph (H)
(Standards and permit requirements for outdoor seating and merchandise
display), below.
5. Restaurants, abutting East Campbell Avenue, between Winchester Boulevard
and Railway Avenue, most previously occupied by a lawfully existing restaurant,
professional office or service commercial establishment 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.
4.3. Government offices and facilities.
5.4. Grocery-stores and convenience markets.
6.5. 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.
7.6. Late night activities.
8.7. Liquor establishments (subject to the findings provided for in Section
21.46.070), other than those located within establishments restaurants permitted
to sell alcoholic beverages under subsection B of this section.
9.8. Liquor store.
10.9. Live entertainment (except as permitted under subsection B of this
section).
11.10. Motor vehicle sales (when conduced entirely within an enclosed building).
12.11. Nightclub.
13.12. Public assembly uses.
14.13. Residential condominiums or apartments (upper floors only).
14. Restaurants, including cafes, standard restaurants, and fast food restaurants, not
otherwise permitted by subsection B of this section, in compliance with
subsection H, (Special findings for restaurants in the C-3 zoning district).
15. Parking lot or structure.
16. Secondhand/thrift store.
17. Theater.
18. Wireless telecommunications facilities - non-stealth.
19. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation
of Provisions).
D. Prohibited uses in C-3 (Central Business District) zoning district. The following uses
are prohibited in the C-3 district:
1.Storage of industrial vehicles, except for the purpose of loading and unloading;
2.The storage or warehousing of merchandise or products in the building or on the
premises for sale other than at retail on the premises;
3.The outdoor storage of merchandise or products, unless otherwise approved, in
compliance with subsection H of this section;
4.The assembly, compounding, manufacturing or processing of merchandise or
products, except such as are customarily incidental or essential to permitted
retail commercial and service uses;
5.Any use which is obnoxious or offensive or creates a nuisance to the occupants
or commercial visitors of adjacent buildings or premises by reason of the
emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam,
vibrations, or similar disturbance;
6.Auto repair;
7.Restaurants, drive-through
8.Restaurants, drive-in
7.9. Any business that includes smoking tobacco on site (e.g., smoking
lounges, hookah lounges, etc.);
8.10. Any use inconsistent with state or federal law.
E. 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 2-11 (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 2-11
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.
c. The design, scale, and context of the project are consistent with
the goals and objectives established in the Downtown Development
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.
Setbacks Required
Front None, except as may be required by the Site and Architectural
Review Permit.
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)
F. Standards for alcohol sales in the C-3 Zoning District.
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 permitted by subsection B of this section.
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.
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).
G. Standards for live entertainment in the C-3 zoning district. Live entertainment, when
clearly ancillary to the restaurant function, is permitted in restaurants subject to the
following restrictions:
1.Permitted only 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 Type 41 or 47 licenses only from
the State 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;
H. Special findings for restaurants in the C-3 zoning district. Whenever a Conditional
Use Permit is required for a restaurant by this Chapter, the planning commission
shall first find all the following conditions, and when applicable those findings
identified in Section 21.46.040, are satisfied in order to approve the Conditional Use
Permit application:
1. Establishment of the proposed restaurant will foster a balance of day and
evening activity in the downtown;
2. Establishment of the proposed restaurant will maintain a balanced mix of
permitted uses in the downtown;
3. Establishment of the proposed restaurant will contribute to the diversification of
eating establishments in the downtown;
4. Establishment of the proposed restaurant will not result in an over concentration
of restaurants in the immediate vicinity.
H.I. Standards and permit requirements for outdoor seating and merchandise display
within the public right-of-way. The following 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.
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.
I.J. 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 parking facilities. 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 restaurants, and restaurants or cafes 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 specified by Table
2-11a, (Parking Requirements by Land Use, below. follows: (parking
spaces/square foot):
5. Uses not listed. Land uses not specifically listed by Table 2-11a shall provide
parking as required by the community development director. The community
development director shall use the requirements of Table 2-11a 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 2-11a - Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required (parking spaces/square
foot):
Retail 1:345 sq. ft. gross floor area
Office 1:425 sq. ft. gross floor area
Restaurant 1 space per 4 seats
Banks 1:350 sq. ft. gross floor area
Residential 2 spaces per unit
Service commercial 1:345 sq. ft. gross floor area
J.K. Development review regulations for projects in the C-3 (Central Business) 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) 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.
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.
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.
K.L. Sign regulations for C-3 (Central Business) zoning district. The following
provisions shall apply to the C-3 (Central Business District) zoning district only and
shall supersede those listed 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 not
be approved unless it is demonstrated that the use of the plastic signs at the
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.
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 individual letter
signs.
L.M. 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-3 zoning district.
Notwithstanding the foregoing provision, an existing restaurant that has an
associated conditional use permit that was issued before March 15, 2016 shall be
considered a conforming use for purposes of this section.
EXHIBIT B
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.
To: Honorable Mayor and City Council Date: March 5, 2013
From: Daniel Fama, Associate Planner
Paul Kermoyan, Interim Community Development Director
Via: Mark Linder, City Manager
Subject: Study Session to Review Mix of Downtown Uses
PURPOSE OF STUDY SESSION
Since 2011, Downtown Campbell has witnessed a rapid growth in new restaurants
which have displaced traditional retail shops. Some have viewed this transition as
contributing to the Downtown's continued success as an attractive and vibrant
community destination. However, at issue is a concern that the increasing number of
restaurants may be altering the Downtown's historic balance of uses. To discuss how
the mix of Downtown uses is changing, and if such a change is consistent with the
City's desired vision, the Council directed staff to schedule a study session on this
matter. For context, attachment 1 is a map of the greater Downtown that identifies
current shops and restaurants.
This study session is also intended to serve as an opportunity for the community to
provide input to the Council. In this regard, staff took steps to notify potential
stakeholders and other interested parties of this study session. An email notice was
provided to the Downtown Campbell Business Association (DCBA), non-DCBA
business owners, the Campbell Chamber of Commerce, and to the general public
through the NextDoor website. Additionally, notice of this meeting was posted to the
City website, a press release to local news organizations was sent, and a mailed
noticed was also provided to all Downtown property owners. Correspondence received
by staff is included as Attachment 2.
BACKGROUND
Land Use Policies. City land use policies applicable to this discussion can be found in
the Campbell General Plan, the Downtown Campbell Development Plan, the Downtown
Alcohol Beverage Policy, and the Redevelopment Implementation Plan (reference
Attachment 3). Together, these documents speak to a desire to promote and enhance a
Downtown environment that provides a desirable balance of land uses including
shopping, services, and entertainment. This vision is evidenced in policies that encourage
a mix of day and evening activities, a distinctive retail presence, a diversity of eating
establishments, and support for neighborhood-serving businesses.
City of Campbell MEMORANDUM
Attachment 3
City Council Study Session – March 5, 2013 Page 2 of 10
Mix of Downtown Uses
In providing for diversity of uses, a Downtown can serve the needs of many people
during all parts of the day. Uses such as salons, retail stores, and casual eateries
provide opportunities for day-time patronage by area employees as well as by local
residents. Other uses, such as traditional restaurants, wine bars, and entertainment
venues attract patrons from both within and outside of the community, later in the
evening. This mixing of commercial uses—especially in combination with office and
residential uses that provide a base of local customers—can result in a balanced
Downtown environment.
Zoning Standards. The majority of Downtown properties are contained within the two
loop streets—Orchard City and Civic Center Drives. This "inner core" is designated by
the Zoning Map as the Central Business District (C-3) (reference Attachment 4 – Zoning
Map). Although various City planning documents identify properties outside of the loop
streets as part of the greater Downtown, they are located in the P-D (Planned
Development) Zoning District. In terms of allowable uses, however, these properties are
generally governed in the same manner.
The C-3 Zoning District standards are designed to implement the vision of the General
Plan and the Downtown Development Plan. In this regard, the following objectives
(among others) are specifically identified for this zoning district (CMC 21.10.060):
Retain and enhance the Downtown area as a unique and economically viable retail and business
center serving local and area wide commercial needs.
To reinforce Campbell Avenue as a pedestrian-orientated retail street
To promote ground floor retail use, upper floor commercial and residential uses where appropriate
and a suitable mix of uses in the Downtown area.
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.
To achieve these objectives, the C-3 zoning district emphasizes high-activity uses such
as retail stores and restaurants in ground-floor tenant spaces along Campbell Avenue,
while limiting other uses such as office and salons to side streets or upper stories. As
with all other zoning districts, some types of uses (restaurants, salons, retail stores, and
offices) are classified as "permitted" meaning that only a business license is required
for operation. Others are listed as "conditional", requiring approval of a Conditional Use
Permit, such as the case for restaurants with sale of hard alcohol, bars/wine bars, and
businesses with the late-night operation (after 11 PM).
Designation of a use as "conditional" allows the City to decide on a case-by-case basis
whether a particular use should be established in a particular location. This allows the
City to regulate the number and distribution of conditional uses consistent with
applicable land use policies. Additionally, through issuance of a Conditional Use Permit,
the City may impose reasonable restrictions as appropriate to minimize the impact on
nearby businesses and residents.
City Council Study Session – March 5, 2013 Page 3 of 10
Mix of Downtown Uses
The following summarizes zoning requirements applicable to restaurants, bars and wine
bars, and retail uses in the C-3 Zoning District:
1. Retail Uses: Although the term "retail" generally signifies sale of products and goods
such as clothing, jewelry, or art, the Zoning Code definition (CMC 21.72.020.R) is
more encompassing. In addition to these typical retail uses, the definition includes
several food-related uses such as retail bakeries, candy stores, delicatessens, and
specialty shops (which may or may not include food products). However, through
incorporation of indoor and outdoor seating, many such uses are more appropriately
classified as restaurants per the City's definition (emphasis added):
[an] establishments whose primary business is the sale of food and beverages to customers for
their consumption within the restaurant or restaurant patio area. Customarily at least fifty
percent of the total gross floor area is used for the seating of customers. The restaurant
may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carry-out food service
are allowed if they are incidental to the primary purpose of consumption of food and beverages in
the restaurant.
2. Restaurants. Restaurants, including those with beer and wine service, with a closing
time before 11 PM are permitted without a Conditional Use Permit. If a restaurant
includes the service of hard alcohol or is open after 11 PM, a Conditional Use
Permit is required. To approve this type of request, the Zoning Code requires the
Planning Commission to make specific findings (CMC 21.47.070):
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.
Additionally, applications for new or modified Conditional Use Permits are subject to
the Downtown Alcohol Beverage Policy (reference Attachment 5). The intent of the
Policy, in part, is to regulate the operational characteristics of late night alcohol-
serving restaurants so that they do not evolve into bars or nightclubs. For instance,
hours of operation are limited to 12 AM, the bar area is limited to 25% of total
seating, and alcohol service must be accompanied by food.
Lastly, restaurants opening within existing tenant spaces are allowed without being
held to a parking standard, so long as the building is not expanded (CMC
21.10.60.I.3). This provision recognizes that most Downtown parcels have limited or
no on-site parking and instead rely on shared public parking.
3. Bars and Wine Bars. As with restaurants that include sale of hard alcohol or that
have a separate bar area, stand-alone bars and wine bars are required to obtain a
Conditional Use Permit, subject to the additional findings (CMC 21.47.070) noted
City Council Study Session – March 5, 2013 Page 4 of 10
Mix of Downtown Uses
above. The Downtown Alcohol Beverage Policy "strongly discourages"
establishment of new stand-alone bars. However, wine bars are allowable through
approval of a Conditional Use Permit. The Zoning Code does not distinguish
between a "full bar" and a "wine bar"—both are considered "liquor establishments".
However, per discussions with Alcohol Beverage Control (ABC) staff, the City can
restrict a wine bar to service of only wine and beer and prohibit sale of hard alcohol;
restrictions which ABC will attach to an issued license.
DISCUSSION
Mix of Uses. The City maintains informal records (reference Attachment 6) that track
the amount and types of ground-floor space leased in Downtown Campbell. Over the
last five years, these records reveal an evident change in the mix of Downtown uses.
Since 2009, restaurants make up the plurality of uses—in terms of square-footage—
now occupying approximately 86,000 square-feet of ground floor tenant space. The
table below provides square-footage values for the past five years. Anticipating several
recently vacated spaces leased out to restaurants, the table also projects into later this
year, indicating that restaurants could potentially occupy an additional 6,500 square-
feet.
Ground Floor Tenant Space by Use
2007 2008 2009 2010 2011 2012 2013
(Current)
2013
(Projected)
Restaurant 61,095 61,120 67,124 68,074 69,168 78,318 85,701 92,191
Other Retail 63,964 69,651 59,316 60,294 53,631 55,118 57,068 57,068
Office 26,475 26,475 26,475 26,475 27,773 28,123 28,123 28,123
Service 46,258 45,903 47,153 46,853 43,958 41,101 40,801 40,801
Vacant 16,619 10,245 16,928 12,428 23,000 19,380 15,480 8,990
Bars/Clubs 6,632 6,632 2,132 2,132 5,032 2,132 2,132 2,132
The graph on the next page illustrates this trend over time in percentage of total
Downtown floor space occupied. Although restaurants and retail food uses eclipsed
traditional retailers in 2009 as the predominant Downtown land use, this likely was the
result of the recession, which greatly affected small retailers. The increasing number of
restaurants beginning in 2011 corresponds to a decreasing vacancy rate, suggesting that
vacant space—largely former retail space—was being occupied by restaurants rather
than by retailers.
This trend is further evidenced by records for approved Downtown alcohol-serving
establishments. Attachment 7 charts the number and types of alcohol-serving
establishments, including restaurants, bars, and wine bars. Since 2003, the number of
alcohol-serving establishments increased from 11 to 23, with a greater percentage of
restaurants now holding "Type 47" (hard alcohol) licenses than "Type 41" (beer and
wine) licenses. Attachment 8 is a detailed listing of all Downtown alcohol-serving
establishments.
City Council Study Session – March 5, 2013 Page 5 of 10
Mix of Downtown Uses
Ground Floor Tenant Space by Use
2007 to 2013
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
2007 2008 2009 2010 2011 2012 2013 2013 (Projected)
YearPercentage of TotalRestaurant/Food Retail Office Service Bars/Clubs Vacant
Trend Factors. To what extent any specific factor(s) can be attributed to the increase
restaurant occupancy over the last two years is unclear. National economic factors
affecting the region, as well as local policies, have likely both played a role. Market
forecast suggests that independent retailers will continue to be challenged by the
increasing divergence of the retail market between luxury and budget segments, as well
by increasing competition from internet retailers. These trends largely benefit restaurants
and entertainment uses, which are maintaining continued growth nationally.1
Notwithstanding the affect of the national economy, several local factors may have
facilitated and concentrated this growth in Downtown Campbell. Specifically, the City's
Downtown parking standards allow an increase in seating capacity, adoption of the
Downtown Alcohol Beverage Policy eased regulatory hurdles necessary to secure
approval for alcohol sales, and rescinding of the Interim Parking In-lieu Fee eliminated
a significant incurred cost for new restaurants. Together, these actions, in concert with
national economic trends, may have "set the stage" for Downtown Campbell to become
a restaurant destination.
1. Downtown Parking: Most Downtown properties have little or no on-site parking,
reflecting the historic development pattern of the Downtown and following most
urban design practices. Consistent with land use policies that encourage a walkable,
pedestrian-oriented Downtown, the Zoning Code encourages use of public parking
facilities in lieu of parking on private property. To this end, retail stores and
1 Brown, Garrick and Matt Kircher, U.S. National Retail Report – 2013 Forecast (Chainlinks Retail Advisors, 2012)
City Council Study Session – March 5, 2013 Page 6 of 10
Mix of Downtown Uses
restaurants may occupy existing buildings without provision of additional parking
understanding that patrons can park in a public lot or garage.
However, due to the manner in which parking is calculated for restaurants—on a per
seat basis—this allowance has resulted in restaurants realizing a significant
increase in seating capacity in comparison to the rest of the City. As such, a
restaurant in Downtown can accommodate upwards of three to four times the
number of seats as a comparable restaurant located outside of Downtown. Since
more seats may result in greater revenue, Downtown may be seen as more
attractive for restaurants.
2. Downtown Alcohol Beverage Policy: The Downtown Alcohol Beverage Policy was
adopted to provide specific guidance to staff and the Planning Commission
regarding alcohol service. Although the Policy effectively placed a moratorium on
new "full bars", it allowed restaurants to obtain approval for hard alcohol service so
long as the restaurant closed down before midnight. This policy may have
eliminated much of the uncertainly often associated with the Conditional Use Permit
(CUP) process given the legal advice staff has received linking compliance with the
Policy as grounds to approve a CUP. In effect, many of the findings of the CUP
process were voided by the Policy.
In this regard, the Policy had the unintended result of removing from discussion the
issue of over-concentration of alcohol establishments. Prior to the Policy, the
Planning Commission would generally consider the number and types of alcohol-
serving establishments within the vicinity of the proposed restaurant to determine if
an "over-concentration" existed, consistent with the CUP findings. However, the
Policy does not address over-concentration nor provide indication that there can
ever be too many restaurants with alcohol service. As such, staff and the Planning
Commission concluded that there was no limit so long as the restaurant complied
with the Policy.
3. Parking In-Lieu Fee: To address parking impacts placed on the Downtown by new
restaurants, the City Council adopted an interim parking in-lieu fee in late 2007. The
Policy required restaurants to pay a fee after an established "baseline" number of
seats had been reached. The interim fee was established at $6,000 per required
parking space or the equivalent of $1,500 per additional seat.
As an economic development measure, the interim fee was rescinded in 2010.
Since establishment of the fee coincided with the start of the recession in 2008 to
what extent it discouraged new restaurants is unclear. However, during the years
the fee was in effect, no new restaurants opened in Downtown Campbell.
Nonetheless, its elimination removed a significant financial barrier. For example, had
the fee been in effect in 2011, Blue Line Pizza—the first restaurant to open after it
was rescinded—would have owed $54,000.
City Council Study Session – March 5, 2013 Page 7 of 10
Mix of Downtown Uses
Potential Effects. The increasing number of Downtown restaurants has several
possible effects, including altering of the Downtown's mix of uses, displacement of
traditional retailers, increased demand on public parking, and altering of sales of tax
revenues.
1. Mix of Uses: The shift to a restaurant-oriented commercial base may diminish the
ability of the Downtown to serve as the "economically viable retail and business
center" envisioned by the General Plan by reducing opportunities for unique or
neighborhood-serving retail. As the mix of uses changes over time, the Downtown
may become more evening-oriented, resulting in a daytime environment with little
activity. Restaurants, especially those where alcohol service plays a prominent role
tend to be a more evening-centered use, having later "peak hours" than retail stores.
To what extent this shift achieves consistency with the City's land use policies is an
issue for the Council to consider.
2. Displacement of Retail Space: Through increased demand for leasable Downtown
space, restaurants may be displacing retail tenants by increasing asking rents,
(although the City does not have access to prevailing rent statistics to document
such increases). Although much of Downtown's formally vacant tenant spaces have
been occupied by restaurants, this may reflect the economic forces that continue to
challenge the "brick and mortar" retail market. Retailers may have been unable to
occupy space vacated during the recession. It is possible that restaurants
established in the last two years may have occupied space that otherwise would
have remained vacant. However, the events of the last two years may limit future
retail growth by "locking up" viable retail space with long-term restaurant leases.
3. Increase Demand on Parking: An increase in the number of restaurants is likely
increasing demand on public parking supplies. To what extent this may be occurring
is unknown without preparation of a parking demand study. What is known,
however, is that the City is not receiving complaints from residents regarding parking
in the neighborhoods (although, complaints from Downtown merchants desiring
additional convenient parking for their customers are periodically received).
However, that the assumptions underlying the last Downtown parking demand study no
longer reflect current circumstances suggests a foreseeable issue. The 1999 'Downtown
Campbell Parking Study', prepared by Walker Parking Consultants reviewed current and
projected land uses in the Downtown to determine the parking supply needed to
accommodate anticipated "build-out". The Study noted that the projected land use
scenario ("build-out") was based on information provided by City staff. In effect, the
"build-out" scenario reflected the long-term development vision of the City at the time.
As shown in the table below, the mix of uses as anticipated by the Study foresaw a
greater amount of retail and a lesser amount of service than currently exists.
Parking Study – Projected Land Uses v. Actual
Land Use Projected Sq. Ft. Current Sq. Ft. +/-
Retail 100,000 57,000 (-) 43,000
Service 17,500 41,000 (+) 23,500
Restaurant 75,00 85,000 (+) 10,000
City Council Study Session – March 5, 2013 Page 8 of 10
Mix of Downtown Uses
The mix of uses seen today is not consistent with the projections of 14 years ago,
suggesting the City's vision for the Downtown is not being implemented. As it stands
today, the current amount of restaurant square-footage now exceeds the study's
projections by 10,000 square-feet. The changing mix of uses alters any number of
assumptions of the parking study. Parking demand studies review not only
aggregate square-footages, but also the alternating "peak hours" of different uses.
In other words, the Downtown parking supply may be able to accommodate a
relatively high amount of traditional retail and personal service square-footage
because these uses do not attract a significantly higher number of visitors at any
given time. In comparison, restaurants concentrate visits during the typical dinner
hours and generate more visitors per square-foot than retailers. In this regard, the
growing number of restaurants will likely result in an increased demand on the
Downtown parking supply.
Fiscal Impact: Restaurants generate a disproportionate amount of sales tax revenue
for the City. Approximate aggregate sales tax revenue generated by businesses
located within the loop streets for the last three years indicate that restaurants now
account for two-thirds of sales tax revenue.2 From 2011 to 2012, restaurant-
generated sales tax increased 20% to approximately $314,000 while retail sales tax
fell 18% to $161,000. This trend is illustrated in Attachment 9, a chart of Downtown
sales tax revenue by "benchmark year", categorized by economic category.3 An
increasing number of restaurants will result in an increase in overall sales tax
receipts. However, unaccounted cost, in terms of increased demand on City
services, associated with restaurants with late night hours and alcohol service
should also be considered.
Approximate Downtown
Sales Tax Revenue
2010 2011 2012
Revenue Revenue +/- Revenue +/-
Restaurants $257,000 $260,000 (+) 1.5% $314,000 (+) 20%
Retail $180,000 $196,000 (+) 9% $161,000 (-) 18%
Combined $437,000 $456,000 (+) 4.5% $475,000 (+) 4%
OPTIONS
If the Council believes that there are—or will soon be—an imbalance of restaurants to
other preferred commercial uses in the Downtown, several options designed to limit the
establishment of new restaurants may be considered, as discussed below. These
options reflect approaches taken by various cities and towns to control different types of
uses (e.g., chain 'formula' retailers, fast-food restaurants, tasting-rooms, art galleries,
etc.). Locally, the Town of Los Gatos requires issuance of a Conditional Use Permit for
restaurants and formula retail stores. To grant a CUP, the Town must find "the
proposed use would not create an over-concentration of similar types of businesses".
2 Sales tax figures represent the 1% "Bradley-Burns" sales tax revenue, adjusted to include approximate additional
"Measure O" ¼ cent revenue. 3 Chart reflects the only 1% "Bradley-Burns" sales tax revenue.
City Council Study Session – March 5, 2013 Page 9 of 10
Mix of Downtown Uses
1.Establish a maximum number of restaurant uses that may be allowed within the
Downtown. The number could be set at the current number or at higher or lower
number, depending if the intent is to "lock-in" the status quo, to allow some
allowance for future restaurants, or to decrease the number of restaurants.
2.Establish a maximum square-footage of Downtown floor area that could be
occupied by restaurants. Instead of restricting the number of restaurants, this option
would restrict the aggregate square-footage occupied by restaurants. As with Option
1, the maximum number could be set at different levels depending on the intent.
3. Prohibit new restaurants, rendering all existing restaurants "non-conforming". As
compared to Options 1 and 2, which may allow for the shifting of restaurant space
between buildings and tenant spaces over time, this option would effectively "freeze"
all restaurants to their current size and location, indefinitely.
4.Require a Conditional Use Permit for all future conversion of existing retail space to
restaurant use. To be effective, this requirement would need to be tied to a clearer
interpretation of how the Downtown Alcohol Beverage Policy influences decision-
making and possibly a new finding to reach a decision pertaining to over-
concentration of restaurants (similar to Los Gatos). This would allow the Planning
Commission to review each application to determine its appropriateness given site
specific considerations.
5.Reinstate the Interim Parking in-lieu Fee so that new restaurants would incur an up-
front cost commensurate with their impact on the Downtown parking supply.
Although not a direct limitation of new restaurants (as with a numeric maximum), this
option would likely slow or stem the increase due to higher incurred costs. During
the years when the fee was in effect, staff was informed by several prospective
restaurateurs that the fee was a deciding factor in choosing not to locate in
Downtown Campbell. However, a fee of this sort would require preparation of a
parking study to become permanent.
6.Eliminate the parking exception for restaurants, reducing allowable seat counts. This
may diminish the economic attractiveness of Downtown over other areas of the City.
7.Modify the Downtown Alcohol Beverage Policy to address over-concentration of
alcohol-serving establishments. Such a change would more easily allow the
Planning Commission to find an over-concentration exists and deny request for
future Conditional Use Permits. However, this change would not affect restaurants
that do not serve hard alcohol and/or have late-night hour (after 11 PM).
Urgency Ordinance. Any of the above options will require additional time to allow to
staff to research potential changes, outreach to stakeholders, and prepare an ordinance
and/or revise policies. Additionally, preparation of a parking study and/or market study
to identify the appropriate mix of land uses in the Downtown may also be warranted. As
a result, any change is unlikely to be accomplished quickly.
City Council Study Session – March 5, 2013 Page 10 of 10
Mix of Downtown Uses
At present time, two major tenant spaces have been recently vacated; former Green
Planet Yarn and Sonya Pazz Gallery. Staff anticipates applications to be submitted
shortly to allow for establishment of a wine bar and a restaurant, respectively, in these
tenant spaces. If the Council wishes to prevent the conversion of additional retail space
to restaurant use until further legislative or policy action is taken, establishment of a
temporary moratorium may be considered.
A moratorium could be enacted through adoption of an "urgency ordinance". Adoption
of an urgency ordinance requires a four-fifths vote of the City Council, and must contain
findings substantiating that there is a current and immediate threat to the public health,
safety, or welfare. However, the ordinance may be adopted without following the notice
and adoption procedures required for other ordinances. A moratorium adopted in this
manner would have an initial duration of 45 days and may be extended as specified by
California Government Code for up to a total span of two (2) years.
NEXT STEPS
Although staff is aware of the concern shared by some of the Downtown business
community, it may be advisable to view this issue in context of the City's overall
economic development efforts. When one views economic development in its purest
sense, sustainable land uses—community-wide—should be the focus. In other words,
while some areas of the community may be oriented to one use over others (e.g., office
centers, shopping plaza, and R&D parks), a community built on the premise of
"sustainability" will achieve a diverse economic base so long as the balance of uses
community-wide is maintained. In this regard, the Council should consider whether
having a restaurant-oriented Downtown is consistent with the City's vision documents in
the context of the many retail-dominated shopping centers elsewhere in the City.
The influx of new restaurants within the Downtown has the potential to reflect on the
overall success of Campbell as a desirable community as viewed by some. Amenities
such as a diversity of eateries contribute to a community's social and cultural landscape
as well as its economic vitality. Moreover, Downtown Campbell exists in a broader
economic environment that includes surrounding communities; any attempt to limit
restaurants in the Downtown may result in placing the City at a competitive
disadvantage. The City Council should take public comment and then provide direction
to staff on how to proceed.
EXHIBITS
1.Downtown Map
2. Correspondence
3.Land Use Policies
4.Zoning Map
5.Downtown Alcohol Beverage Policy
6. Downtown Floor Space – 2013
7. Alcohol-Service Establishments Chart
8.Downtown ABC Licenses Chart
9.Sales Tax Chart
To: Honorable Mayor and City Council Date: July 16, 2013
From: Daniel Fama, Associate Planner
Paul Kermoyan, Community Development Director
Via: Mark Linder, City Manager
Subject: C-3 Zoning District – Restaurant CUP Requirement ~ Study Session
PURPOSE OF STUDY SESSION
On March 5, 2013, the City Council held a study session to discuss the mix of uses in
Downtown Campbell, and specifically the increasing number of restaurants and other
food-related businesses (reference Exhibit 1 – Study Session Memorandum). At the
conclusion of that meeting, the Council directed staff to proceed with an amendment to
the Zoning Code to require that new restaurants obtain a Conditional Use Permit. The
purpose of this study session is to discuss the options for this amendment and
anticipated scheduling.
BACKGROUND
Current Requirement: Within the C-3 (Central Business District) Zoning District, a
Conditional Use Permit (CUP)—subject to the City's Downtown Alcohol Beverage
Policy—is required for a restaurant if it includes any of the following features:
1.Sale of "hard alcohol" (distilled spirits of any type, including in mixed-drinks)
2.A separate bar area (e.g., Aqui's "Saddle Bar")
3.Operation after 11:00 PM ("late-night" hours)
4.Live entertainment in association with any of the above features
A restaurant without any of these features—including restaurants that provide beer and
wine service (without a separate bar area)—do not require approval of a CUP.
Examples of such restaurants include Stacks, Liquid Bread, Orchard Valley Coffee,
Willow Glen Yogurt, and the upcoming Molly's Diner.
Observation: Almost without exception, CUP requests in association with restaurants
are related to alcohol service (technically defined as a "liquor establishment"). As such
when reviewing such applications, CMC Sec. 21.46.070 directs the Planning
Commission to determine whether an (1) overconcentration of liquor establishments in
the vicinity exists, (2) if the establishment would create a nuisance or (3) adversely
affect the neighborhood, and (4) if it would result in an increased demand for City
services. The intent of these findings is to limit the concentration of bars and
restaurants with alcohol service and to substantiate conditions of approval intended to
impose reasonable restrictions on business operations (e.g., hours of operation).
City of Campbell MEMORANDUM
Attachment 4
City Council Study Session – July 16, 2013 Page 2 of 4
Downtown Restaurant Conditional Use Permit
However, with adoption of the Downtown Alcohol Beverage Policy in 2009, the Planning
Commission's review of restaurant CUP applications has largely focused on compliance
with the Policy. As an outgrowth of this review, compliance with the Policy has led to a
de-facto affirmative determination of the findings required for alcohol service. Although
this was not the Council's intent, absent specific provisions pertinent to the
concentration or number of Downtown restaurants with alcohol service, an expectation
to approve CUP applications found consistent with the Policy has been created.
DISCUSSION
CUP Requirement: As discussed at the March 5th study session, one approach to
address this issue is to require a CUP for new restaurants. Such a change would allow
the Planning Commission to consider the merits of a new restaurant in the Downtown—
and not simply the associated alcohol service—on a case-by-case basis. The Council
may also wish to consider an exemption to the CUP requirement as an incentive to
property owners to turn-over ground-floor tenant spaces currently occupied by non-
conforming offices or salons.
Suggestion – Within the C-3 Zoning District, list restaurants as a "conditional
use", requiring approval of a CUP, unless otherwise exempt.
Suggestion – Exempt from the CUP requirement new restaurants locating within
ground-floor tenant spaces along Campbell Avenue currently occupied by an
office or salon.
Findings: A CUP is not merely a mechanism to impose conditions of approval. Rather, it
is a tool that allows the City to determine if a particular use is appropriate in a particular
location. In this regard, in making its determination to approve or deny a CUP
application, the Planning Commission must rely on established findings, which form the
basis for a decision. Since the purpose of this CUP requirement is to determine
appropriateness of a new restaurant on a site-specific basis, the findings should speak
to the applicable goals and policies of the City.
Suggestion: Create findings that draw in applicable policies of the General Plan
and Downtown Development Plan, such as the following tentative findings:
1.Establishment of the proposed restaurant will foster a balance of day and
evening activity in the downtown;
2.Establishment of the proposed restaurant will maintain a balanced mix of
permitted uses in the downtown;
3.Establishment of the proposed restaurant will contribute to the diversification
of eating establishments in the downtown;
4.Establishment of the proposed restaurant will not result in an over
concentration of restaurants in the immediate vicinity.
City Council Study Session – July 16, 2013 Page 3 of 4
Downtown Restaurant Conditional Use Permit
In effect, these findings would "raise the bar" for new restaurateurs to demonstrate the
desirability of their specific proposal in relation to City policies and goals. These findings
may encourage establishment of eateries not currently represented in Downtown or
those that provide a unique dining experience. Additionally, while not entirely preventing
new restaurant uses, the CUP process would also provide an extra layer of protection
to existing retail businesses.
Staff will work with the Planning Commission to further develop these findings following
direction from the Council. For context, the Town of Los Gatos, while requiring a CUP
for new or expanded restaurants, does not include specific findings for approval.
However, the Town's CUP requirement for new "formula retail" businesses (chain
stores), are subject to the following findings:
1. The proposed use of the property is not in harmony with specific provisions or
objectives of the general plan and the purposes of this chapter;
2. The proposed use will detract from the existing balance and diversity of
businesses in the commercial district in which the use is proposed to be
located;
3. The proposed use would create an over-concentration of similar types of
businesses, or
4. The proposed use will detract from the existing land use mix and high urban
design standards including uses that promote continuous pedestrian
circulation and economic vitality.
Restaurant Definition: Since the proposed CUP requirement would apply to all new
"restaurants", the codified definition of this term determines the scope of the
requirement. Under the City's current definition, a restaurant is any food or beverage
related business that provides seating for patrons to consume products on site. This
would include traditional restaurants and cafés, as well as ice-cream shops, delis, and
bakeries where seating is provided.
Suggestion: Maintain the existing "restaurant" definition to capture the wide
range of eateries in today's market.
NEXT STEPS
Staff has completed an initial draft of the text amendment. Following this study session,
the following schedule is anticipated:
• July – Complete preparation of a draft zoning text amendment (ZTA).
• August – Send ZTA to City Attorney for review.
• September – Planning Commission public hearing to consider the ZTA.
• October – City Council public hearing to consider the ZTA.
City Council Study Session – July 16, 2013 Page 4 of 4
Downtown Restaurant Conditional Use Permit
EXHIBITS
1.Study Session Memorandum, dated March 5, 2013
2.Downtown Zoning Map
To: Honorable Mayor and City Council Date: February 17, 2015
From: Daniel Fama, Associate Planner
Paul Kermoyan, Community Development Director
Via: Mark Linder, City Manager
Subject: Study Session to Review Mix of Downtown Uses (Follow Up)
BACKGROUND
The shifting commercial landscape of Downtown Campbell—from a boutique retail
district to a regional restaurant destination—has resulted in a continued public dialog
regarding the vision and future of the Downtown. Over the last several years, the City
Council has identified this matter as a priority item.
The Council held a March 5, 2013 study session to discuss the "mix of Downtown
uses". Staff prepared a comprehensive report outlining applicable City policies and
standards, as well as an analysis providing an explanation for the observed shift
(reference Attachment 1). 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 (CUP) for conversion of existing retail space to
restaurant use.
Subsequently, the Council held a July 16, 2013 study session to discuss the scope of
the potential CUP requirement. Staff presented a tailored approach that would require a
CUP for a restaurant conversion tied with findings that would direct the Planning
Commission to consider potential "over-concentration" of restaurants in the immediate
area (reference Attachment 2). Although the Council expressed a concern for the loss
of long-term retailers, the consensus was not to proceed with a CUP requirement at that
time. However, the Council did direct to staff continue to monitor the situation.
Therefore, this study session is intended to provide the Council with updated
information and to allow for further discussion on this matter.
Policy Vision: The City has adopted a variety of policies (reference Attachment 3)—
found in the Campbell General Plan, the Downtown Campbell Development Plan, and
the Redevelopment Implementation Plan—that have guided the City decision-making
for the Downtown. Together, these policies speak to a vision for the Downtown that is
best articulated by the Downtown Development Plan:
The vision for Downtown Campbell is to continue to reinforce its place as the center for
community activity, cultural and civic events, and as a vibrant central business district. It is
intended that the Downtown be an active, walkable central business district that attracts
local residents and visitors to experience a variety of retail businesses and restaurants.
The ground level along East Campbell Avenue is slated for retail and restaurant to
provide a vibrant, pedestrian-oriented streetscape.
City of Campbell MEMORANDUM
Attachment 5
City Council Study Session – February 17, 2015 Page 2 of 6
Mix of Downtown Uses (Follow Up)
Historical Observations: In furtherance of this vision, the City has made deliberate
decisions to incentivize restaurants within the Downtown (reflecting a time when
Downtown had few restaurants). As more thoroughly discussed in the previous study
session materials, the City eliminated various regulatory obstacles including:
•Exempting restaurants (and retail stores) locating within existing buildings from
parking standards. This had the effect of allowing Downtown restaurants to
maximize seating capacities up to what is permitted by the Building Code. Since
seating capacities are normally tempered by parking, a Downtown restaurant is
allowed more seats per square-foot than a restaurant outside of the Downtown.
•Limiting allowable uses along E. Campbell Avenue (east of Second Street), and
50-feet down side streets to restaurant and retail. This zoning restriction
minimized competition for tenant space by other types of businesses such as
salons, office, studios, and personal services.
•Eliminating the interim Parking In-Lieu fee, thereby removing a significant
financial obstacle (tens of thousands of dollars) for restaurants locating in non-
restaurant tenant spaces.
•Adopting the Downtown Alcohol Beverage Policy in 2009, which eased
regulatory hurdles by reducing the inherent uncertainty in the permit process for
restaurants seeking Conditional Use Permit approval for alcohol sales.
Relaxation of the Policy in 2011 to allow wine bars and 12 AM closing times
further facilitated the permitting process.
These actions have proved successful in attracting eateries to Downtown Campbell, as
depicted by the chart below (based on informal records maintained by the City –
reference Attachment 4). Moreover, the demand for restaurant space was strong
enough to support construction of the Odd Fellows building for speculative restaurant
use in 2011 (which accounted for a notable increase in restaurant square-footage).
City Council Study Session – February 17, 2015 Page 3 of 6
Mix of Downtown Uses (Follow Up)
Recent Observations: At the time of the March 5, 2013 study session, staff made note
that approximately 6,500 square-feet of vacant tenant space (including Bruni Gallery,
Sonya Pazz Gallery, and Green Planet Yarn) was likely to be occupied by restaurant
uses within the coming year. These spaces were ultimately leased by Rendezvous
Wine Bar, La PanotíQ Bakery Café, and Socialight Restaurant.
Currently, three retail tenant spaces have or will shortly be vacated, including Vintage
and Vogue (1,300 sf), Toys Toys Toys (1,470 sf), and Gabrillia's Bridal (1,500 sf),
resulting in a slight uptick in the vacancy rate (reference Attachment 5 – Downtown
Map). Based on staff's conversations with property owners, it seems possible that at
least one of these tenant spaces may be leased to a restaurant or food-serving tenant.
Unless the tenant proposes "late-night" operations (after 11 PM), hard alcohol, or a
separate bar area, a Conditional Use Permit will not be required.
Additionally, there are now a total of 26 approved alcohol-serving establishments,
including bars, wine bars, and restaurants with alcohol service (reference Attachment 6
–Downtown Campbell "On-Sale" Licenses). This is an increase of three establishments
since the Council's March 2013 session; Mo's, Rendezvous Wine Bar, and the
Socialight Restaurant (reference Attachment 7 – Approved Alcohol-Serving
Establishments). Additionally, the CUP approval for the Regale wine bar for the
Grower's National Bank (former Gaslighter) was converted to a restaurant with "hard-
alcohol" sales.
DISCUSSION
At its core, the City's vision for the Downtown is a balance of uses that serve the needs
of many people during all parts of the day. Based on feedback from Councilmembers,
Planning Commissioners, residents, and other community stakeholders, it appears that
there is a sentiment that the mix of uses is out of balance, resulting in various issues:
•Loss of a Retail Character: As restaurants increase their "share of the pie" (see
chart below) by occupying vacant and former retail space, and become the
predominant land use, the sense of Downtown as a retail district may be
diminishing. In addition to the loss of individual retailers, this may result in
reduced overall retail patronage, as customers may no longer see Downtown
Campbell as a place to shop, but rather a place to eat and drink.
City Council Study Session – February 17, 2015 Page 4 of 6
Mix of Downtown Uses (Follow Up)
•Less Daytime Activity: Since many Downtown restaurants do not offer lunch
service, much of the occupied tenant space is idle during the afternoon. This
lessens the activity and vibrancy of the Downtown, compounding the challenge
to retailers who depend on passerby traffic.
•Parking: Due to their operational characteristics, restaurants concentrate visits
during the typical dinner hours and generate more visitors per square-foot than
retailers. As a result, the Downtown parking supply is increasingly taxed in the
evenings and during the weekends, in large part due to the increasing number of
restaurants. However, absent preparation of a new parking study for the
Downtown, this effect cannot be quantified.
•Neighborhood Impacts: Restaurants, particularly those with the late-night
operational hours and alcohol service, can have a cumulative impact on the
surrounding Downtown neighborhoods. Issues such as neighborhood parking,
noise, vandalism, and nuisance activity, may be seen as affecting the quality-of-
life of Downtown resident. The impact of these affects has increasingly been
voiced at Council and Planning Commission meetings.
NEXT STEPS
If the Council believes that the current mix of Downtown uses is out of balance, there
are various approaches—not all mutually exclusive—that could be undertaken.
However, to what extent regulatory action on its own is sufficient to aid retailers is
unknown. Although added regulation may weaken or suppress demand for new
restaurant uses, new retailers may be unable or unwilling to establish in Downtown
Campbell due to other economic factors (i.e., internet competition) outside of the City's
control.
Proceeding with any of the following options will require time to allow staff to research
potential changes, outreach to stakeholders, and prepare an ordinance and/or revise
policies. As such, consideration may be given to a temporary moratorium of new
restaurants through adoption of an "urgency ordinance". Adoption of an urgency
ordinance requires a four-fifths vote of the City Council, and must contain findings
substantiating that there is a current and immediate threat to the public health, safety,
or welfare. However, the ordinance may be adopted without following the notice and
adoption procedures required for other ordinances. A moratorium adopted in this
manner would have an initial duration of 45 days and may be extended as specified by
California Government Code for up to a total span of two (2) years.
1.Direct Land Use Control
a.Establish a maximum number of restaurants allowed within the Downtown.
The number could be set at the current number or at higher or lower number,
depending if the intent is to maintain the status quo, or to allow some
allowance for future restaurants.
b.Establish a maximum square-footage of Downtown floor area that could be
occupied by restaurants. Instead of restricting the number of restaurants, this
option would restrict the aggregate square-footage occupied by restaurants.
City Council Study Session – February 17, 2015 Page 5 of 6
Mix of Downtown Uses (Follow Up)
c. Prohibit establishment of restaurants. As compared to Options 1 and 2, which
may allow for the shifting of restaurant space between buildings and tenant
spaces over time, prohibiting new restaurants would effectively freeze
restaurants to their current location and perhaps size (some allowance could
be provided to allow expansion of existing restaurants).
2. Increase Land Use Discretion
a. Require a Conditional Use Permit for all future conversion of existing retail
space to restaurant use. To be effective, this requirement would need to be
tied to new findings pertaining to over-concentration of restaurants. The
Planning Commission could then review each application to determine its
appropriateness given site specific considerations.
b. Modify the Downtown Alcohol Beverage Policy to address over-concentration
of alcohol-serving establishments, and perhaps reduce the allowable closing
time back to 11 PM. Tightening of the Policy in this manner would provide
increased discretion for the Planning Commission and likely discourage new
restaurants with alcohol service. However, this change would not affect
restaurants that do not serve hard alcohol and/or have late-night hour (after
11 PM) or other food uses (e.g., ice cream shop).
3. Passive Discouragement of New Restaurants
a. Eliminate the parking exception for restaurants, reducing allowable seat
capacities. This may diminish the economic attractiveness of Downtown over
other areas of the City.
b. Reinstate the Interim Parking in-lieu Fee so that new restaurants would incur
an up-front cost commensurate with their impact on the Downtown parking
supply. Although not a direct limitation of new restaurants (as with a numeric
maximum), this option would likely slow or stem the increase due to higher
incurred costs. During the years when the fee was in effect, staff was
informed by several prospective restaurateurs that the fee was a deciding
factor in choosing not to locate in Downtown Campbell. However, a fee of this
sort would require preparation of a parking study to become permanent, in
order to demonstrate the nexus between parking and restaurant uses.
4. Encourage Retail and Other Non-Restaurant Uses
a. Reevaluate the types of allowable uses in Downtown, particularly uses
allowable along E. Campbell Avenue east of Second Street. Allowing
additional uses such as studios (e.g., yoga, dancing, art, etc.), services uses
with quick customer-turn around (e.g., alterations, dry-cleaning, etc.), and/or
allowing second-hand retail stores without a Conditional Use Permit, may
provide landlords with a greater selection of prospective tenants.
b. Establish a grant program to provide financial assistance to offset the cost of
interior tenant improvements for new retail tenants. The Council would need
to identify the source and amount of funding for this purpose.
City Council Study Session – February 17, 2015 Page 6 of 6
Mix of Downtown Uses (Follow Up)
CONCLUSION
The above represents various tools that can be employed to influence a desired of mix
of land uses. As previously noted, however, the community's land use should be
considered in a broad-based manner. The Downtown is one component of the City's
overall commercial base, which also includes a regional shopping center, several local-
serving shopping centers, "big-box" retailers, and numerous stand-alone retail buildings.
Moreover, Downtown Campbell exists and competes in a wider economic environment
that includes surrounding communities.
Staff will use this study session as an opportunity to receive public comment and City
Council direction.
Attachments
1. Council Study Session Report, dated March 5, 2013
2. Council Study Session Report, dated July 16, 2013
3. Applicable Policies
4. Chart: Downtown Commercial Space by Use
5. Downtown Business Map
6. Downtown Campbell "On-Sale" Licenses
7. Approved Alcohol-Serving Establishments
To: Mayor Cristina and City Council
Chair Finch and Planning Commission
Date: June 16, 2015
From: Daniel Fama, Associate Planner
Paul Kermoyan, Community Development Director
Via: Mark Linder, City Manager
Subject: Joint Study Session to Review Downtown Uses and
Economic Development
INTRODUCTION
Over the last several years, the City has witnessed a shift in the commercial makeup of
the Downtown as restaurants have overtaken traditional retailers as the predominant
land use (reference Attachment 1 – Downtown Use Charts/Tables). In response to
these observations, the City Council has held three study sessions to determine if there
are policy, code, or market factors that have influenced this change:
•March 5, 2013: The City Council considered a comprehensive report outlining
applicable City policies and standards, as well as an analysis providing an
explanation for the observed shift (reference Attachment 2 – Staff Report). 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 (CUP) for conversion of existing retail space to
restaurant use.
•July 16, 2013: Staff presented a tailored approach that would require a CUP for
a restaurant conversion tied with findings that would direct the Planning
Commission to consider potential "over-concentration" of restaurants in the
immediate area (reference Attachment 3 – Staff Report). Although the Council
expressed a concern for the loss of long-term retailers, the consensus was not to
proceed with a CUP requirement at that time. Instead, the Council directed staff
to continue to monitor the situation.
•February 17, 2015: The Council was provided with updated information on this
matter, highlighting the changes over the last two years (reference Attachment 4
–Staff Report). The Council discussed various issues, including
o Understanding and defining what a "mix of uses" is
o Potential to adopt new zoning restrictions to discourage/encourage
specific land uses
o The role of alcohol service
o Consideration of a moratorium for new restaurants
o Further defining restaurants from "food-retail" uses
o Impact to the downtown parking supply
City of Campbell MEMORANDUM
Attachment 6
Joint Study Session – June 16, 2015 Page 2 of 6
Mix of Downtown Uses and Economic Development
The Council requested that the February 17th study session be continued and
reconvened jointly with the Planning Commission to allow for input and discussion with
the Commission. The City Council also recently held a series of budget meetings which
involved discussion of the Community Development Department’s request to create an
Economic Development program that would be staffed by reassignment of an existing
staff member from the City Manager's Office and a new part-time ($25,000) intern
position. This study session is intended to provide an opportunity for the City Council
and Planning Commission to discuss the commercial makeup of Downtown Campbell
as well as the relationship between the land use policy and the City's approach to
economic development.
VISION AND POLICIES
A community's long-term vision for itself is expressed as written policy. Since the
realization of an adopted vision can take many years, written policies are intended to
carry out a vision over time, beyond the tenure of any individual elected or appointed
official. In this regard, policy is more than a personal opinion or preference, it is the
recognized consensus of the community. The City's vision for the Downtown is best
articulated by the 2006 Downtown Development Plan (reference Attachment 5):
The vision for Downtown Campbell is to continue to reinforce its place as the center for community
activity, cultural and civic events, and as a vibrant central business district. It is intended that the
Downtown be an active, walkable central business district that attracts local residents and visitors to
experience a variety of retail businesses and restaurants. The ground level along East Campbell
Avenue is slated for retail and restaurant to provide a vibrant, pedestrian-oriented streetscape.
The Development Plan, as well as the General Plan itself provides several goals—
general statements of values or aspirations—that further focus this vision. These goals
reflect a consistent theme for proactive action in business development, attraction and
retention, as well as preservation of the Downtown's cultural and historic heritage.
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.
Goal LU-3: To promote the Downtown as the civic and cultural center of activity for the
community.
Goal LU-4: To promote and assist the restoration and protection of the historic character
and elements that embodies the Downtown and characterizes it as a unique
place.
Goal LU-5: To increase the residential presence in the Downtown to achieve an active
"24 hour" downtown neighborhood.
Goal LU-6: To promote and encourage development along the loop streets, and
beyond.
Goal LU-7: To attain development densities that are urban in nature and representative
of a traditional Downtown but remain in scale with the small town character
and historic nature of the Downtown.
Joint Study Session – June 16, 2015 Page 3 of 6
Mix of Downtown Uses and Economic Development
Goal LUT-13: Strong and stable sources of City revenues while promoting an appropriate
balance of land uses and a high quality of life in the City.
Goal LUT-19: A vibrant community oriented Downtown that serves as the retail, service
commercial, cultural and historic center of the city.
Implementation of an adopted vision and supporting goals is guided by specific policies
and strategies. These directives are intended to shape the City's approach to land use
decision-making, program development, and capital improvement planning. In this
regard, staff's role is not to "pick and choose" which polices and strategies to follow, but
rather to conduct the City's business in a manner in keeping with the policy framework
that has been provided.
Consistent with the below noted General Plan and Development Plan policies and
strategies, the City has taken affirmative steps from a land use perspective to facilitate
the development of the Downtown. As discussed in the February 17th Study Session
memorandum, recent examples of such actions include creation of zoning standards
supportive of restaurants and retail uses in the Downtown, adoption of the Downtown
Alcohol Beverage Policy (reference Attachment 6), and elimination of the Interim
Downtown Parking In-Lieu Fee.
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.
Strategy LU-1.1b: Require new or converted retail space to include tall ceilings and expansive
storefront windows to provide the appropriate setting for displaying and
marketing retail merchandise.
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.
Strategy LU-2.1a: Restrict the use of ground floor commercial space along East Campbell
Avenue to retail/restaurant uses.
Strategy LUT-5.3f: Redevelopment: Facilitate redevelopment opportunities that further
revitalization efforts in the Downtown commercial area.
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-13.1: Variety of Uses: Attract and maintain a variety of uses that crate an economic
balance within the City while maintaining a balance with other community land
use needs, such as housing and open space, and while providing high quality
services to the community.
Strategy LUT-13.1b: Business Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell residents.
Joint Study Session – June 16, 2015 Page 4 of 6
Mix of Downtown Uses and Economic Development
Strategy LUT-13.1c: Fiscal Effects of Land Use: Evaluate the fiscal effects of different land uses
on City revenues and services.
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: Pedestrian-Orientation: Reinforce East Campbell Avenue as a pedestrian-
oriented retail street.
In 2006, the City also adopted the Economic Development Strategy (reference
Attachment 7), consistent with Policy LUT-13.1 and Strategy LUT-13.1b, which direct
the City to "attract and maintain" a variety of uses and to "develop programs" to aid in
the retention and attraction of businesses that service the community. The Strategy
specifically states that its purpose is to serve "as an instrument to help provide direction
for implementing partnerships between local government and private enterprise in an
effort to further support and enhance economic resources." Similar with the above
stated goals and policies that require a more proactive approach for attracting and
retaining business, the Strategy establishes an expectation that the City will:
1. Implement business retention and expansion programs.
2. Identify sites that may be ripe for reuse and make recommendations as to
how the City can put itself in the best position to achieve the highest and
best use of the site.
3. Identify "critical projects" that present an opportunity to generate significant
tax dollars and/or employment.
4. Meet with business to develop an understanding of the business community
and how local government can better respond to its needs.
5. Identify development and redevelopment opportunities.
6. Continue the identification of Downtown Campbell sites that are ripe for
development to eliminate blight and help “tie together” the downtown, which
has the opportunity to generate additional revenue.
7. Continue the “Shop Campbell” campaign.
8. Develop and update the “Doing Business” brochure.
9. Develop an Economic Development page on the City’s Website.
Although the Strategy remains in effect, the staff resources previously purposed to
implement it have since been displaced or redirected to other priorities following the
dissolution of the Redevelopment Agency. As a result, staff has largely operated in a
reactive mode to requests to locate new business in the City. More recently, the City
Manager directed the Community Development Department to take a more active role
in "business development" and "attraction." This has primarily taken the form of
additional outreach to the business community, nurturing of relationships with key
individuals, and increased promotion of the City, such as preparation of a "key-facts"
handout when Equity Offices placed the Pruneyard on the market (reference
Attachment 8). However, this represents only a limited form of the "active" economic
development practiced by other jurisdictions.
Joint Study Session – June 16, 2015 Page 5 of 6
Mix of Downtown Uses and Economic Development
REQUESTED DIRECTION
Downtown: As discussed in the previous study session memorandums, the last several
years have seen a marked shift in the character of Downtown from a boutique retail
district to a regional restaurant destination. Although this shift has increased the
vibrancy and vitality of the Downtown in many ways, it has resulted in a more evening-
oriented environment catering to diners, to the detriment of local retailers that were
once its mainstay. At issue, however, is to what extent the City can or should influence
this matter. Staff poses the following questions to seek direction from the Council:
•Question: Is there a use mix problem in the Downtown?
If the Council consensus finds that the trend towards a greater number of
restaurants is an issue that needs to be resolved by City action, then answers to
the following questions are also requested.
•Question: Is the desired "mix of uses" clearly articulated in policy?
If the Council believes that a revaluation of the Downtown policy—the adopted
vision and/or the goals/policies/strategies—is warranted, consideration of this
matter could be incorporated into the upcoming General Plan update. However,
if the need for new policy direction is believed to be urgent, policy modifications
may be processed separately.
•Question: If the desired "mixed of uses" is understood, should the veer towards
a heavier concentration of restaurant be tempered by reconsideration of a
Conditional Use Permit (CUP) process for new restaurants?
As had been considered at the July 16, 2013 study session (reference
Attachment 3), a CUP requirement for new restaurants would provide increased
land use discretion in determining the appropriateness of individual requests a
case-by-case basis.
However, other approaches may also be considered as more specifically
discussed during the February 17, 2015 study session (reference Attachment
4), including:
o Limiting the overall number or square-footage for restaurants
o Prohibiting all new restaurants
o Eliminating the parking exception for restaurants and/or reinstating the
parking in-lieu fee, in order to passively discourage new restaurants
o Reevaluate allowable uses on Campbell Avenue such as studios (e.g.,
dance, yoga, art, etc.) to provide increased competition
o Consider establishment of a retail grant program to provide financial
assistance for new retail tenants
Joint Study Session – June 16, 2015 Page 6 of 6
Mix of Downtown Uses and Economic Development
Economic Development: The steady increase of restaurants that have displaced
traditional commercial businesses in the downtown may be seen as resulting from the
City's limited economic development efforts. These businesses have established on
their own initiative without staff involvement or encouragement. Had the City been more
active in implementing the Economic Development Strategy through staff interaction
and/or influence to encourage establishment of retailers, the mix of uses may not have
been as unbalanced as perceived.
•Question: Does the Council support a more active economic development
approach?
Once provided the resources, staff is prepared to become more active in
developing strategies and promoting business opportunities in Downtown
Campbell and the community as a whole. If the Council believes that a greater
amount of traditional retail stores are desired to balance the mix of uses, staff will
seek out ways to attract traditional retail businesses through a variety of
methods. Maintaining membership in the Silicon Valley Economic Development
Alliance (SVEDA) is one such method that provides many opportunities to meet
business representatives in personal settings, to engage in conversations, and to
sell the City of Campbell as a place to locate their business.
Attachments
1.Downtown Use Charts/Tables
2.Council Study Session Report, dated March 5, 2013
3.Council Study Session Report, dated July 16, 2013
4.Council Study Session Report, dated February 17, 2015
5.Downtown Development Plan
6.Downtown Alcohol Beverage Policy
7.Economic Development Strategy
8.Pruneyard Handout
Attachment # 1
Downtown Use Charts/Tables – February 17, 2015 Study Session Meeting
Downtown Commercial Space by Use*
2007 2008 2009 2010 2011 2012 2013 2014 2015
Restaurant 28%
(61,095)
28%
(61,120)
31%
(67,124)
31%
(68,074)
31%
(69,168)
35%
(78,318)
37%
(85,701)
41%
(94,667)
41%
(94,667)
Other Retail 29%
(63,964)
32%
(69,651)
27%
(59,316)
28%
(60,294)
24%
(53,631)
25%
(55,118)
25%
(57,068)
25%
(57,188)
23%
(51,888)
Office 12%
(26,475)
12%
(26,475)
12%
(26,475)
12%
(26,475)
12%
(27,773)
13%
(28,123)
12%
(28,123)
14%
(31,773)
15%
(33,648)
Service 21%
(46,258)
21%
(45,903)
22%
(47,153)
22%
46,853
20%
(43,958)
18%
(41,101)
18%
(40,801)
18%
(41,091)
18%
(41,091)
Vacant 8%
(16,619)
5%
(10,245)
8%
(16,928)
6%
(12,428)
10%
(23,000)
9%
(19,380)
7%
(15,480)
2%
(5,000)
3%
(6,770)
Bars/Clubs 3%
(6,632)
3%
(6,632)
1%
(2,132)
1%
(2,132)
2%
(5,032)
1%
(2,132)
1%
(2,132)
1%
(2,132)
1%
(2,132)
*Totals do not equal 100% due to rounding. All values are estimates based information provided by property
and business owners.