2018-06-26 (Planning Commission)ITEM NO. 5
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ June 26, 2018
PLN2018-163 City-Initiated
Initiation of a Zoning Code Text Amendment (PLN2018-163) to adopt
provisions for a Temporary Use Permit (TUP) to allow short-term land use
activities on non-residentially zoned properties.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1.Make a Motion, to initiate a Zoning Code Text Amendment (PLN2018-163) to adopt
provisions for a Temporary Use Permit (TUP) to allow short-term land use activities on non-
residentially zoned properties.
ADMINISTRATIVE PROCEDURE
Pursuant to CMC Sec. 21.60.020 (Initiation of amendment) an amendment to the Zoning Code
may only be initiated by the City Council or the Planning Commission. As such, this item serves
to:
1) Evaluate a zoning code / land use issue identified by staff; and
2) Solicit the Planning Commission’s authorization to initiate a Zoning Code Text
Amendment.
DISCUSSION
Background: Staff is often asked to approve or otherwise sanction temporary land use activities such as outdoor grand openings, food truck gatherings, fundraisers, and other unique events for
which neither the Zoning Code nor a prior land use entitlement make allowance for. Since there
is no permitting authority for temporary activities, the City has largely taken a laissez faire
approach by neither specifically allowing nor prohibiting such events.
Although this approach may provide a certain level of flexibility to the business community, it is
not without shortfalls. Lacking explicit approval, such events run the risk of being shut down
should noise or other complaints be received by the Police Department. There is also no method
to ensure that operators secure outer-agency approvals such as Fire Department clearance for
tents and propane-fueled cooking appliances or Health Department approval for food preparation. Lastly, temporary activities that have not been contemplated by the City could
conflict with permanent land uses that have been approved.
Although the status quo has been maintained for years, the need for a formal review mechanism
became apparent with the grand opening of the Flights restaurant last year. The owner, Alex Hult, had scheduled an outdoor party in the parking lot behind the restaurant complete with live
entertainment and alcohol service with an expected attendance upwards of a 1,000 people. By the
time the City became aware of the event, Mr. Hult had already booked the entertainment and
widely advertised the party in print and on social media.
Staff Report ~ Planning Commission Meeting of June 26, 2018 Page 2 of 2
PLN2018-163 – Initiation of a Zoning Code Text Amendment
Due to public safety concerns that could not be addressed absent formal permitting authority, the City had initially informed Mr. Hult that the event could not be held. However, in the interest of
maintaining positive relations with the business community, staff was eventually able to come to
an agreement with Mr. Hult to allow the event to continue upon acceptance by the Police
Department. This was only possible because the event required a one-day ABC liquor license
that needed to be signed by the Police Chief, to which restrictions could be attached to.
Proposal: To provide an opportunity for special temporary events and activities, the City may
adopt a Temporary Use Permit (TUP) ordinance. These ordinances are quite common; staff has
reviewed examples from the cities of Saratoga, Los Altos, Cupertino, Mountain View, Morgan
Hill, Milpitas, and Mountain View. They typically entail provision for allowable types of temporary activities, review procedure, and general requirements. Staff's proposal would include
the following provisions:
•Allowable Activities: Numerous temporary activities with varying durations could beallowed, including, but not limited to, Christmas tree lots, sidewalk sales, carnivals, grand
openings, food truck events, car and boat shows, craft shows, and placement of cargo
storage containers and construction trailers.
•Allowable Zoning Districts: A TUP may only be approved in non-residential zones,including retail, office, industrial, and institutional (e.g. churches and schools) properties.
•Approval Authority: The Community Development Director would decide on TUP
applications, but maintain the ability to forward any request to the Planning Commission
for a decision.
•Review Procedure: TUP applications would be noticed to the public upon a rendering ofa decision with a right to appeal within 10 days.
•Requirements: Approval of a TUP would be subject to additional approvals by the Fire
Department, Health Department, and ABC, as applicable. The Community DevelopmentDirector may also impose requirements pertaining to sanitation facilities, security, hours,
parking, duration, and trash clean-up.
•Exemptions: The TUP process would only apply to private property, not public property.
As such, events such as First Friday and the Beer Walk would not require a TUP.
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Director