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CC Ordinance 2270 ORDINANCE 2270 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO ADOPTING NEW CHAPTER 21.45 (TEMPORARY USES) AND AMENDING VARIOUS OTHER SECTIONS OF THE CAMPBELL MUNICIPAL CODE PERTAINING TO THE PERMITTING AND REGULATION OF TEMPORARY USES ON PRIVATE PROPERTY. FILE NO. PLN2018-163 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. The City Council finds and determines that the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15061(b)(3) in that the minor temporary uses of land this ordinance is intended to allow for are exempt from environmental review under section 15304(e) such that the ordinance has no potential to cause a significant effect on the environment. SECTION 2. The City Council further finds and determines that the proposed ordinance is consistent with the goals, policies, and actions of the General Plan; would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code. SECTION 3. Adopting of Temporary Uses Chapter: New Chapter 21.45 (Temporary Uses) is hereby added to Article 3 (Development and Operational Standards) of Title 21 (Zoning Code) of the Campbell Municipal Code to read as follows: CHAPTER 21.45 (TEMPORARY USES) 21.45.010 — Purpose of Chapter. This Chapter establishes allowance for short- and intermediate-term land use activities, commonly known as temporary uses. Those temporary uses that the City Council has determined would not adversely affect the public health, safety and welfare are permitted by right without specific City approval. All other temporary uses shall require approval of a temporary use permit in compliance with this Chapter to ensure the activity will not interfere with the primary uses authorized for a particular property. It is not the intent of this Chapter to restrict the reasonable and customary use of private property in a manner that does not interfere with the reasonable use and enjoyment of other properties. 21.45.020 — Definitions. The meaning of the terms used in this Chapter shall be as defined by Chapter 21.72 (Definitions). Where a term is not defined, the most common dictionary definition shall be presumed to be correct as determined by the community development director. 21.45.030 — Exemptions. This Chapter shall not apply to the following: 1. Special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit); 2. Property located within an overlay combining zoning district subject to a master use permit authorized by Section 21.14.030.0 (Master use permit); 3. Private events not open to the general public occurring entirely within the interior of a commercial establishment, conducted in compliance with an existing City land use permit; 4. Fundraising and commercial activities conducted by minor children (e.g., cookie sales, lemonade stands, etc.); 5. Non-Commercial speech activity protected by the United States or California constitutions (e.g., the distribution of political or religious materials, initiative/petition signings, voter registration drives, etc.); and 6. Entertainment performances conducted on private property (e.g., busking, "First Friday" musical performances, etc.), provided that such performances do not constitute a public nuisance as defined by Section 6.10.020 (Nuisance conditions). 21.45.040 —Temporary uses allowed without a permit. A. Allowed uses. The following temporary uses are permitted by right without the need to obtain a temporary use permit and without cost, when located on a non- residentially zoned private property, in compliance with Article 2, (Zoning Districts), subject to the specified general standards. 1. Activity occurring on private property in association with a special event permit approved pursuant to Chapter 5.50, (Special Events Permit); 2. Beer and wine festivals/walks occurring within the C-3 Zoning District, held by a chamber of commerce or incorporated business association, and subject to issuance of a Daily (Special One-day Event Permit) from the California Department of Alcoholic Beverage Control; 3. Blood drives; 4. Grand opening and ribbon cutting events sponsored by a chamber of commerce; 5. Halloween pumpkin sales lots occurring from September 1st to October 31st; 6. Holiday tree sales lots occurring from November 1st to December 25th; 7. Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five (5) parking stalls are utilized for a period of no more than six (6) hours; Page 2 of 17 8. Placement of on-site construction trailers on a property subject to an active building permit; 9. Placement of up to two (2) cargo containers on a property subject to an active building permit; 10. Sales offices located on a property subject to an active building permit; and 11. Social and/or fundraising events conducted on the property of a public assembly use (as defined by section 21.72.020.p) for a period not exceeding (6) six hours, provided that such events do not occur more than 12 times per year. B. General standards. Temporary uses shall be conducted in compliance with the following general standards: 1. Advanced notice. An individual or organization intending to conduct a temporary use as allowed by this section shall provide advanced written notice to the community development director forty-eight (48) hours prior to commencing the temporary use. 2. Hours of operation. All activity, including preparation and clean-up, shall occur between the hours of 6:00 a.m. to 11:00 pm. 3. Fire Lanes. Required emergency vehicle access lanes shall not be blocked. 4. Parking lots. Activity within a parking lot shall maintain adequate vehicular or pedestrian circulation. 5. Accessibility. Activities shall be made accessible to individuals with disabilities to the extent required by State and Federal law. 6. Health and Sanitation. Appropriate health and sanitation facilities shall be provided in accordance with the standards of the Santa Clara County Department of Environmental Health. 7. Fire Safety. Appropriate permits shall be obtained from the Santa Clara County Fire District for use of tents and/or open flames. 8. Noise. Regardless of decibel level, and taking into consideration the surrounding noise environment, no noise shall obstruct the free use of neighboring properties and/or adjacent businesses so as to unreasonably interfere with the comfortable enjoyment of neighboring residents or employees. 9. Permits. Building permits shall be required as specified by the California Building Code. C. Termination. If necessary to protect against an immediate threat to the public peace, health, or safety, the city manager and authorized designees, including the community development director, chief of police, and fire chief, may order the immediate termination of the temporary use under the authority granted by Campbell Municipal Code Section 6.10.150 (Procedure in Case of Emergency). 21.45.050 —Temporary uses allowed by permit. Page 3 of 17 A. Temporary use permit required. The following temporary uses may be allowed subject to approval of a temporary use permit when located on a non-residentially zoned property, in compliance with Article 2, (Zoning Districts). 1. Any activity requiring issuance of a Daily (Special One-day Event Permit) from the California Department of Alcoholic Beverage Control, except those specified by Section 21.45.030. 2. Art, craft, car, and/or antique shows; 3. Beer and wine festivals/walks (except those occurring within the C-3 Zoning District); 4. Fairs and carnivals; 5. Food truck events; 6. Late night holiday business hours; 7. Night markets; 8. Off-site construction staging yards; 9. Outdoor music shows; 10. Placement of cargo containers placed on a property not subject to an active building permit; 11. Short-term valet parking programs; 12. Use of a vacant property subject to an active or approved development application for an interim activity pending completion of the project; and 13. Other uses determined by the community development director to be of the same general character as the above uses, in compliance with Section 21.02.020.F (Allowable uses of land). B. Application filing. An application for a temporary use permit, including the required materials and application fee, shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees), at least ninety (90) days prior to the date of the proposed temporary use. C. Approval authority. The community development director shall review applications for a temporary use permit, impose conditions of approval, and establish time limits, in compliance with the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). D. Findings. An application for a temporary use permit may only be approved if the community development director finds that: 1. The temporary use is allowable by this Chapter and within the applicable zoning district, upon approval a temporary use permit; Page 4 of 17 2. The temporary use would not conflict with restrictions of an existing Conditional Use Permit or similar entitlement applicable to the subject property; 3. The temporary use is consistent with the Campbell General Plan and the purpose of this Chapter; 4. The temporary use is compatible with existing land uses on the subject property; 5. The subject property is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the temporary use would be expected to generate; 6. The subject property has adequate parking to reasonably accommodate the demand the temporary use would be expected to generate; and 7. The conditions and time limits imposed by the community development director are sufficient to ensure that the temporary use will not, under the circumstances of the particular application, be detrimental to the health, safety or general welfare of persons residing or working near the subject property. E. Duration. Temporary uses authorized by this Chapter shall not be approved to occur for a period exceeding ninety (90) days within any calendar year, except for the placement of construction trailers, cargo storage containers, and sales offices on properties subject to an active building permit, which may remain until the completion of construction activity. F. Reoccurrence. If requested by the applicant and approved by the community development director, approval of a temporary use permit may incorporate an allowance for the approved temporary use to reoccur at a specified interval within a single calendar year (e.g., every Friday, monthly, etc.) without additional approval by the City or payment of additional fees, subject to compliance with previously established conditions of approval. However, if circumstances have changed, the community development director may still require a new temporary use permit. G. Fees. The City Council, by resolution, may adopt a reduced application filing fee for proposed temporary uses sponsored by a non-profit organization. Other organizations may request use of the reduced application filing fee if the city manager determines that the proposed temporary use would benefit the public good. The city manager may refer such requests to the City Council for consideration. H. Appeals. A decision of the community development director may be appealed within ten calendar days of the date of the notice of decision, in compliance with Chapter 21.62, (Appeals). 21.45.060 — Other approvals required. Nothing in this Chapter eliminates the need for obtaining any permit, approval, or entitlement that may be required to comply with the regulations of any county, regional, State, or Federal agency. Page 5 of 17 21.45.070 — Recourse. Where a disagreement with the community development director's application or understanding of this Chapter occurs, the procedures for an Interpretation provided in Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be followed, including the provisions for an appeal. SECTION 4. Relationship to Special Event Permits: New Section 5.50.135 (Temporary Use Permits) is hereby added to Chapter 5.50— Special Event Permit to read as follows: 5.50.135 —Temporary Uses Approval of a special event permit may also include related activity occurring on private property pursuant to Chapter 21.54, (Temporary Use Permits). SECTION 5. P-O Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.030.E (Permitted uses in P-O (Professional Office) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (st�sr keout) indicating deleted text: B. Permitted uses in P-O (Professional office) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Offices, professional; 2. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter); 3. Schools—K-12, public; 4. Temporary uses, subject to Chapter 21.45; 45. Tutoring centers, large, subject to Section 21.36.243; 5 6. Tutoring centers, small, subject to Section 21.36.243; 6:7. Wireless telecommunications—stealth (requires approval of a site and architectural review permit). SECTION 6. C-1 Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.040.B (Permitted uses in C-1 (Neighborhood Commercial) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (str�Àt) indicating deleted text: B. Permitted uses in C-1 (Neighborhood Commercial) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; 3. Catering business, only when ancillary to a restaurant; 4. Collection containers, small, subject to obtaining a permit pursuant to Section 21.36.245; 5. Dry cleaning; 6. Grocery stores (under ten thousand square feet); Page6of17 7. Hardware stores (under ten thousand square feet); 8. Laundromats, self-service; 9. Libraries, public; 10. Light rail passenger terminals; 11. Meat markets; 12. Offices, professional; 13. Outdoor seating, when twelve total seats or less; 14. Parking lots/structures, public; 15. Personal services, general; 16. Pharmacies/drug stores; 17. Photocopying; 18. Photography studio/supply shop; 19. Repair and maintenance, consumer products; 20. Restaurants or cafes (excluding fast food or drive-ins); 21. Retail stores, general merchandise; 22. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 23. Schools K-12, public; 24. Shopping centers (under ten thousand square feet); 25. Temporary uses, subject to Chapter 21.45; 25.26. Travel agencies; 26.27. Universities/colleges, public; 27.28. Vending machines; 28.29. Wireless telecommunications facilities - stealth (requires approval of a site and architectural review permit). SECTION 7. C-2 Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.050.B (Permitted uses in C-2 (General Commercial) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: B. Permitted uses in C-2 (General Commercial) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); 4. Banks and financial services; 5. Blueprinting shops; 6. Catering business, only when ancillary to a restaurant; 7. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 8. Dry cleaning; 9. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 10. Furniture, furnishings, and equipment stores (under ten thousand square feet); 11. Garden centers/plant nurseries; 12. Grocery stores (under ten thousand square feet); Page 7 of 17 13. Handicraft industries, small scale assembly; 14. Hardware stores (under ten thousand square feet); 15. Hotels; 16. Laundromats, self-service; 17. Libraries, public; 18. Light rail passenger terminals; 19. Medical services, laboratories; 20. Motels; 21. Offices, professional; 22. Outdoor seating, when twelve total seats or less; 23. Parking lots/structures, public; 24. Personal services, general; 25. Pharmacies/drug stores; 26. Photocopying; 27. Photography studio/supply shop; 28. Repair and maintenance, consumer products; 29. Restaurants or cafes (excluding fast food or drive-ins); 30. Retail stores, general merchandise; 31. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 32. Schools K-12, public; 33. Shopping centers (under ten thousand square feet); 34. Temporary uses, subject to Chapter 21.45; 3'1.35. Travel agencies; 35.36. Universities/colleges, public; 36.37. Vending machines; 37.38. Wireless telecommunications facilities - stealth (requires approval of a site and architectural review permit). SECTION 8. C-3 Zoning District Allowable Uses: Campbell Municipal Code Section 21.10.060.B, Table 2-11 (Land Use Table — C-3 Zoning District) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Table 2-11 Land Use Table— C-3 Zoning District LAND USES GROUND UPPER FLOOR FLOORS Apartments' �� �a P P. Automated teller machines P X " Banks and financial services ,.� C P Banquet facilities X C Bed and breakfast inn2 C C Cat and dog day care facilities P C Cat and dog grooming es P C Dancing and/or live entertainment establishments3 C C Hotels Page 8 of 17 Table 2-11 Land Use Table— C-3 Zoning District LAND USES GROUND UPPER FLOOR FLOORS Incompatible activities4 X X Late night activities A _ . " a C C Liquor establishments5 C6 C Liquor stores' C " X Medical services, clinics X C Offices, professional'', ���� C P Outdoor retail sales and activities C X Pedestrian-oriented activitiesa Temporary uses, subject to Chapter 21.45 P P May be allowed in compliance Facilities �VJr, with Campbell Municipal Code Wireless Communication : _.; °� � Chapter 21.34 (Wireless Communications Facilities) SECTION 9. Master Plan Area Allowable Uses: Campbell Municipal Code Section 21.10.060.C, Table 2-11 a (Land Use Table — Master Plan Areas) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Table 2-11 a Land Use Table— Master Plan Areas LAND USES Apartments A.. Arcades A Banks'and financial services s �;df,w , �w .,`_ YoA . Convenience markets/stores A Dancing and/or live entertainment establishments A Government offices and facilities A Grocery stores " A Incompatible activities' X Late night'activities2A; � ,$ x ., �: °' `�' ti��� �A Liquor establishments A + C3 Liquor stores - � �tir A + C4, Medical services, clinics A Nightclubs ;, ..,., A+ C5 Offices, professional A Outdoor merchandise display A Outdoor seating A Parking`lots/structures; publc �,� �k �.��..� �' A Page 9 of 17 Table 2-11a Land Use Table— Master Plan Areas LAND USES Personal services A Public assembly.uses - A Restaurants or cafes A Restaurants, fast,fo°otl' ", A Restaurants, standard A Retail stores, general.merchandise u, , "„ ,...,a°.„R . A Secondhand/thrift stores A Spa Services/Health,Spa ' Studios, small and large A Temporary uses,subject to Chapter 21.45 " ° A Theaters, movie or performing arts, and concert halls A Tutoring centers (s`mall and'"large)11!'11 "J"'M '`" A May be allowed in compliance Wireless Communication Facilities with Campbell Municipal Code Chapter 21.34 (Wireless Communications Facilities) SECTION 10. C-M Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.070.B (Permitted uses in C-M (Controlled Manufacturing) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (strk�t) indicating deleted text: B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Artisan products, small-scale assembly; 2. Blueprinting shops; 3. Business support service; 4. Collection containers, large and small, subject to obtaining a permit pursuant to Section 21.36.245; 5. Clothing products manufacturing; 6. Electronics and equipment manufacturing; 7. Food and beverage product manufacturing; 8. Furniture/cabinet shops; 9. Glass products manufacturing; 10. Handicraft industries, small-scale assembly; 11. Laundries/dry cleaning plants; 12. Light rail passenger terminals; 13. Machinery manufacturing; 14. Metal products fabrication; 15. Offices, professional; Page 10 of 17 16. Paper products manufacturing; 17. Pharmaceutical manufacturing; 18. Plastics and rubber products; 19. Printing and publishing; 20. Research and development; 21. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 22. Sign manufacturing; 23. Temporary uses, subject to Chapter 21.45; 23.24. Textile products manufacturing; 24-25. Warehousing, wholesaling and distribution facility, incidental (less than fifty percent of floor area); 25.26. Wireless telecommunications facilities - stealth (requires approval of a site and architectural review permit). SECTION 11. M-1 Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.080.B (Permitted uses in M-1 (Light Industrial) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (stri�[1 ikeo ut) indicating deleted text: B. Permitted uses in M-1 (Light Industrial) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service. 2. Artisan products, small-scale assembly. 3. Blueprinting shops. 4. Business support service. 5. Clothing products manufacturing. 6. Collection containers, large and small, subject to obtaining a permit pursuant to section 21.36.245; 7. Electronics and equipment manufacturing. 8. Emergency shelters, only in that portion of the M-1 zone bounded generally by Camden Avenue, Los Gatos Creek County Park, Hacienda Avenue and Winchester Boulevard. 9. Food and beverage product manufacturing. 10. Furniture/cabinet shops. 11. Glass products manufacturing. 12. Handicraft industries, small-scale assembly. 13. Laboratories. 14. Laundries/dry cleaning plants. 15. Light rail lines. 16. Light rail passenger terminals. 17. Lumber and wood products, including incidental mill work. 18. Machinery manufacturing. 19. Metal products fabrication. 20. Offices, professional. 21. Paper products manufacturing. 22. Pharmaceutical manufacturing. 23. Plastics and rubber products. Page 11 of 17 24. Printing and publishing. 25. Repair and maintenance, consumer products. 26. Research and development. 27. Rug and upholstery cleaning. 28. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter). 29. Sign manufacturing. 30. Sign shops. 31. Temporary uses, subject to Chapter 21.45. 31.32. Textile products manufacturing. 32.33. Trucking/freight terminals. 33.34. Warehousing, wholesaling and distribution facility, incidental. 34.35. Warehousing, wholesaling and distribution facility, primary. 35-36. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review Permit). 36.37. Sexually oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code SECTION 12. P-D Zoning District Permit Requirement: Campbell Municipal Code Section 21.12.030.H (Permit Required) is amended to read as follows with underlining indicating new text and strikeouts (stria) indicating deleted text: H. Permit required. Unless otherwise specified in this chapter or approved in compliance with Chapter 21.45, (Temporary Use Permit) no use or structure shall be constructed, created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning district unless and until a planned development permit or an administrative planned development permit has been approved. An administrative planned development permit shall be processed through the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). An application for an administrative planned development permit shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and elevations and any other data/materials identified in the community development department application for an administrative planned development permit. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is the responsibility of the applicant to establish the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter 21.62, (Appeals). SECTION 13. P-F Zoning District Permitted Uses: Campbell Municipal Code Section 21.12.040.0 (Uses allowed with site and architectural review in the P-F (Public Facilities) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (str�r ikeout) indicating deleted text: C. view. The following uses are allowed, subject to the approval of a site and architectural review permit in compliance with Chapter 21/12, (Site and Architectural Review), except where exempt Permitted uses in P-F Page 12 of 17 (Public Facilities) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances) 1. Structures and facilities owned, leased, or operated (whether in a governmental or proprietary capacity) by the city, the county, the state, the federal government, any public school district, or any other public district within the city. 2. Temporary uses, subject to Chapter 21.45. SECTION 14: Definitions of Beer and Wine Festival: The definition for "beer and wine festival" provided in Campbell Municipal Code Section 21.72.020.B is amended to read as follows with underlining indicating new text and strikeouts (sir-ike ut) indicating deleted text: "Beer and wine festivals/walks" means a fair, exhibition, ceremony, art show, program, celebration, or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. Beer and wine festivals shall comply with the provisions of Chapter 21.45 (Temporary Uses) Section 21.36.030. SECTION 15. Deletion of Beer and Wine Festivals provisions: Campbell Municipal Code Section 21.36.30 (Beer and wine festivals) is hereby deleted in its entirety from the Campbell Municipal Code. SECTION 16. Decision-Making Table: Table 4-1 (Decision-Making Table) of Section 21.38.020 (Authority for land use and zoning decisions) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Table 4-1 Decision-Making Body Decision-making body and Role (1) Type of Permit Procedures Community or Decision are found Development Planning City Council in: Director (2) Commission Land Use Permits and other Development Entitlements Administrative Planned 21.12.030 Decision Appeal Appeal Development Permits Administrative Site and Architectural Review 21.42 Decision Appeal Appeal Permits Conditional Use Permits 21.46 Decision (5) Appeal Development Agreements 21.52 [ Recommend Decision Fence Exceptions 21.18.060 Decision Appeal Home Occupation Permits I 21.44 Issuance I Page 13 of 17 Parking Modification 21.28.050 Decision Decision/Appeal Decision/Appeal Permit (5) Planned Development 21.12.030 Recommend Decision Permits Pre-applications I 21.41 Comments(4) 1 Comments(4) Reasonable 21.50 Decision Appeal Appeal Accommodations Sign Permits 21.30 Issuance(2) Decision(2) Decision(2) Appeal(2) Site and Architectural Review Permits 21.42 Decision(5) Appeal Temporary use permits 21.45 Decision Appeal Appeal Tree Removal Permits 21.32 Decision Appeal Appeal Variances 21.48 Decision Appeal Zoning Clearances 21.40 Issuance Zoning Code Administration and Amendments General Plan 21.60 Recommend Decision Amendments Interpretations 21.02 Decision Appeal Appeal Zoning Code 21.60 Recommend Decision Amendments Zoning Map Amendments 21.60 Recommend Decision SECTION 17. Appeals from administrative decisions: Campbell Municipal Code Section 21.62.020.B (Appeal of community development director's decisions) is amended to read as follows with underlining indicating new text and strikeouts (�trikcout) indicating deleted text: B. Appeal of community development director's decisions. The applicant or any other interested party may file an appeal to the planning commission from any of the following decisions made by the community development director: 1. Administrative planned development permits; 2. Administrative site and architectural review permits; 3. Fence exceptions; 4. Notice of intent to record; 5. Parking modification permits; 6. Reasonable accommodation; 7. Temporary use permits; 7,8. Tree removal permits; 8,9. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative authority); and Page 14 of 17 • 9-10. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority). SECTION 18. Administrative Approval Authority: Campbell Municipal Code Section 21.72.020 (Approval authority and process) is amended to read as follows with underlining indicating new text and strikeouts (strut) indicating deleted text: A. Approval authority. The community development director is the approval authority for the following discretionary permits processed through the administrative decision process: 1. Administrative planned development permits; 2. Administrative site and architectural review permits; 3. Fence exceptions; 4. Temporary use permits; 4.5. Tree Removal Permits; 5,6. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative authority); and 677. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority). SECTION 19: Definitions of Temporary Use: The following definition is added to subsection T of Campbell Municipal Code section 21.72.020 between the definitions of "Target population" and "Tennis courts, private" to read as follows, with underlining indicating new text: "Temporary use" means a land use activity described in Chapter 21.45, whether profit or non-profit, conducted solely on private property for a limited period of time. SECTION 20: Exemption from Live Entertainment Permit Requirements: Campbell Municipal Code Section 5.24.010(c) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: (c) The following uses are specifically exempted from this section: (1) Shows and entertainments, theatrical, musical and vocal presentations, and other live performances conducted by schools, colleges, churches, lodges and private clubs themselves on their own premises, and those conducted and sponsored by civic groups in supervised municipal parks; (2) Live entertainment conducted in a pedestrian-oriented activity in the C-3 (Central Business District) zoning district, provided that such entertainment satisfies the requirements stated in Section 21.10.060.F (Standards for live entertainment in the C-3 zoning district). (3) Live entertainment conducted in coniunction with an approved temporary use permit in compliance with Chapter 21.45 (Temporary use permits). Page 15 of 17 SECTION 21: Exemption from Permit Procedures: Campbell Municipal Code Section 5.08.010 (Activities designated — Fees) is amended to read as follows with underlining indicating new text and strikeouts (stri ) indicating deleted text: 5.08.010 -Activities designated—Fees. No person shall conduct any of the following businesses and activities in the eCity without first securing a permit therefor from the eCity eCouncil on written application filed therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire Department, and the Community Development Director Zoning O i„er „- the city. The application shall comply with the requirements of Section 5.08.020. The following are the activities regulated by this chapter and the license fee therefor: (1) Amusement concession, when not connected with any fair or carnival, for each $6.00 per day, per day\$6.00 (A) Merry go round, per day\6.00 (B) Ferris wheel, per day\6.00 (C) Scenic railway, per day\6.00 (D) Shoot the chutes, per day\6.00 (E) Dodge 'em., per day\6.00 (F) Swing, per day\6.00 (G) Any mechanical device for carrying passengers, per day\6.00 (H) Ball throwing game, per day\6.00 {I) Ring throwing game, per day\6.00 (J) Fortune or other wheel games, per day\6.00 (K) (K) Shooting gallery, per day\6.00 (L) (L) Keno, lotto or other and similar games, per day\6.00 (2) Skee ball, bat ball or other similar device, equipment or entertainment, per year\15.00 (3) Box Boxing or wrestling bout, per day\25.00 ('1) Circus, menag-rie or wild west ehow or like exhibition under or enclosed by canvas, first day\200.00 Each additional day, per day\100.00 {5) Festival, fair or carnival, first day\336.00 Each additional day, per day\106.00 {6)(1) Fire and/or bankruptcy and/or wreck sale, first day\50.00 Each additional day, per day\25.00 (7)(2) Grinding and/or sharpening knives, scissors, cutlery, lawn mowers, etc., when the person conducting such business travels from place to place by vehicle or on foot, per year\25.00 (�)(3) Hypnotism, per year\449.00 {9)(4) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler, per day\30.00 {a-04(5) Occult science, including astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, crystal gazing, mediumship, prophecy, augury, divination, magic or necromancy, when the person who conducts same demands or receives a fee for the exercise or exhibition of his art therein either directly or indirectly or as a gift or donation, or charges admission, per year\336.00 (11).(6) Pawnbroker, per year\336.00 Page 16 of 17 (12)(7) Used motor vehicle dealer—Same as Commercial per Municipal Code Section 5.04.010 (13)(8) Billiard and/or pool room, per year\224.00 {144)(9) Dancehall, public dances, per year\100.00 (4(10) Mechanical amusement device and contraptions and vending machines—See Section 5.08.080 {16) Sideshow, per day\25.00 SECTION 22. Deletion of Special Requirements for Circuses and Carnivals: Campbell Municipal Code Chapter 5.16 (Circuses and Carnivals) is hereby deleted in its entirety from the Campbell Municipal Code. SECTION 23. Deletion of Special Provisions for Cargo Storage Containers: Campbell Municipal Code Chapter 21.36.050 (Cargo storage containers) is hereby deleted in its entirety from the Campbell Municipal Code. PASSED AND ADOPTED this 16th day of March, 2021 by the following roll call vote: AYES: Councilmembers: Bybee, Landry, Lopez, Resnikoff, Gibbons NOES: Councilmembers: None ABSENT: Councilmembers: None A PROVED: lizabe�thc"_Liz" ibbons, Mayor ATTEST: /hi a e , Andrea S ers, Deputy City Clerk Page 17 of 17