2019-02-12 (Planning Commission)ITEM NO. 1
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 12, 2019
PLN2018-163
Zoning Code Amendment
Public Hearing to consider a City-initiated Zoning Code Amendment (PLN2018-163) adding new Chapter 21.45 (Temporary Use Permits) and amending various other sections of the Campbell Municipal Code pertaining to
the permitting and regulation of temporary uses on private property.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1.Adopt a Resolution (reference Attachment 1), recommending that the City Council adoptan ordinance to add new Chapter 21.45 (Temporary Use Permits) and amending various
other sections of the Campbell Municipal Code pertaining to the permitting and regulation of
temporary uses on private property.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that the proposed ordinance is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section
15061(b)(3) in that the minor temporary uses of land the proposed ordinance is intended to allow
are exempt from environmental review under section 15304(e) such that the ordinance has no potential to cause a significant effect on the environment.
DISCUSSION
Background: Based on an evident need to establish formal permitting authority for temporary
activities not otherwise allowed by the City's Municipal Code, the Planning Commission initiated preparation of an ordinance to establish a framework for a Temporary Use Permit (TUP) at its meeting of June 26, 2018.
Proposed Ordinance: The attached ordinance (reference Attachment 2) would add a new
Chapter 21.45 (Temporary Use Permits), and amend various other sections of the Campbell Municipal Code, to allow temporary uses to be conducted on non-residentially zoned private property. Specifically, the draft ordinance would provide for the following:
•Allowable Activities: Numerous temporary activities with varying durations are
specified as allowable subject to approval of a TUP, including Christmas tree lots,sidewalk sales, carnivals, outdoor grand opening events, blood drives, food truck events,
car and boat shows, craft shows, issuance of single-day alcohol licenses, and placement
of cargo storage containers and construction trailers. Additionally, the Community
Development Director may also consider a temporary use that is not specified if the
proposal is found "to be of the same general character" as a specified use. Such adetermination would constitute an interpretation that may be appealed.
Staff Report ~ Planning Commission Meeting of February 12, 2019 Page 2 of 3
PLN2018-163 ~ Temporary Use Permit
•Allowable Zoning Districts: A temporary use may only be approved in a non-residential
zoning district, including the City's commercial (C-1, C-2, C-3), office (P-O), industrial
(M-1, C-M), and institutional (P-F, PF/OS) districts, as well as the Planned Development(P-D) district with comparable General Plan land use designations.
•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. Additionally, the Director may also refer an application for review andrecommendation to the Police, Fire, Building, and/or Public Works Departments,depending on the nature of a particular request.
•Review Procedure: An application for a TUP would need to be submitted at least 60
days prior to the proposed activity. If upon review the Community Development Director
deems the application "complete," a decision must be rendered within five business days.
•Public Noticing: Upon a rendering a decision, staff would mail a notice to all property
owners within 300-feet of the subject property informing them of the decision and
procedures for an appeal. An appeal must be filed within ten calendar days or otherwise
the Community Development Director's decision is final.
•Conditions: The Community Development Director's decision to approve a TUP wouldalso include establishment of time limits on the proposed activity, which may vary from a
single day to several weeks (e.g., for Christmas tree sales lots). An approval would also
include operational restrictions appropriate for the proposed use, such as sanitary
facilities, crowd control, and security.
•Exemptions: The TUP process would only apply to private property, with the exception
of the Pruneyard, which has its own special event provisions under the Master Use
Permit. Additionally, events on public property—such as Oktoberfest—would continue
to be reviewed by the City Council for consideration of a Special Event Permit.
ANALYSIS
General Plan Conformance: Pursuant to CMC Section 21.60.070, an amendment to the
Municipal Code may only be approved if the decision-making body finds that: (1) the proposed
amendment is consistent with the goals, policies, and actions of the General Plan; (2) the
proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and (3) the proposed amendment is internally consistent with other
applicable provisions of the Zoning Code. Staff believes that these findings can be affirmatively
established, as discussed below:
1.The proposed amendment is consistent with the goals, policies, and actions of theGeneral Plan;
As with the recent consideration of revised regulations for tutoring centers, the General Plan
(Strategy LUT-9.1) directs the City to periodically review the allowable types of allowable
land uses in the City. The proposed Temporary Use Permit process would also advance theGeneral Plan guidance that encourages a variety of uses (Policy LUT-5.3). In particular, a
formalized TUP process may entice entertainment activities of interest to the community that
are not currently allowed.
Staff Report ~ Planning Commission Meeting of February 12, 2019 Page 3 of 3
PLN2018-163 ~ Temporary Use Permit Zoning Code Amendment
Lastly, by formalizing a process to regulate temporary uses, the City will be able to manage
potential land use incompatibilities that in the past went unaddressed, consistent with
Strategy LUT-9-1.d.
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-9.1: Land Use Review: Review the types of land uses allowed in the City’s zoning
districts and revise, where appropriate, to assure greater compatibility.
Strategy LUT-9.1d: Land Use Limits and Controls: Amend the Zoning Ordinance to establish limits and
controls regarding operating hours for uses that are incompatible with adjoining residential dues to noise, traffic or other disturbances.
2.The proposed amendment would not be detrimental to the public interest, health,safety, convenience, or general welfare of the city;
The current lack of formal permitting authority of temporary activities leaves many events to
be conducted without review by City staff and/or limited review by outside agencies without
coordination. In this regard, formal permitting authority will enhance the City's ability toprotect the public interest, health, and safety.
3.The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
To implement the new Chapter 21.45 (Temporary Use Permits), the draft ordinance would
amend the non-residentially zoning districts to list temporary uses as a permitted use; identify
temporary use permits as an appealable action; exempt temporary use permits from the live
entertainment permit requirement; and eliminate redundant permitting procedures for
circuses/carnivals and other amusement activities that would now be regulated via a TUP.Additionally, concurrent with its consideration of the draft ordinance, the City Council would
also consider rescinding Council Policy 9.8, which pertains to the permitting of Christmas
tree and pumpkin lots.
Attachments: 1. Draft Planning Commission Resolution
2.Draft Ordinance
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Director
RESOLUTION NO. 44__
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ADDING NEW CHAPTER 21.45
(TEMPORARY USE PERMITS) 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.
The Planning Commission finds as follows with regard to file number PLN2018-163:
1.The project consists of a Zoning Code Amendment to add new Chapter 21.45(Temporary Use Permits) and amending various other sections of the Campbell
Municipal Code pertaining to the permitting and regulation of temporary uses on private
property.
2.The proposed Zoning Code Amendment would be consistent with the General Plan in
that it will formalize a process to regulate temporary uses consistent with the followingpolicies and strategies:
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-9.1: Land Use Review: Review the types of land uses allowed in the City’s zoning
districts and revise, where appropriate, to assure greater compatibility.
Strategy LUT-9.1d: Land Use Limits and Controls: Amend the Zoning Ordinance to establish limits and controls regarding operating hours for uses that are incompatible with
adjoining residential dues to noise, traffic or other disturbances.
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 Zoning Code Amendment is done in compliance withCalifornia 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 on 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;
Attachment 1
Planning Commission Resolution No. 44__ PLN2018-163 – Recommending Approval a Zoning Code Amendment Page 2
2.The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City;
3.The proposed amendment is internally consistent with other applicable provisions of theZoning Code; and
4.Adoption of the proposed amendment 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 tocause a significant effect on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt the attached Ordinance (reference Exhibit A).
PASSED AND ADOPTED this 12th day of February, 2019, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
JoElle Hernandez, Chair
ATTEST:
Paul Kermoyan, Secretary
Ordinance No. _____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO
ADDING NEW CHAPTER 21.45 (TEMPORARY USE PERMITS) 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 Use Permit Chapter: New Chapter 21.45 (Temporary Use Permits) 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 USE PERMITS)
21.45.010 – Purpose of Chapter.
A temporary use permit allows short-term land use activities that might not meet the
normal development or use standards of the Zoning Code but may be nonetheless
appropriate due to their temporary nature. This Chapter provides a process for reviewing a proposed temporary use to ensure that basic health, safety and general community welfare standards are met.
21.45.020 – Applicability.
Temporary use permit required. The following temporary uses located on non-residentially zoned private property, in compliance with Article 2, (Zoning Districts) shall
require approval of a temporary use permit subject to the standards and requirements of this
Chapter.
1.Art, craft and antique shows;
2.Beer and wine festivals/walks;
Attachment 2
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3. Blood drives;
4. Car and Boat shows;
5. Cargo storage containers (excepting those allowed by Section 21.36.050);
6. Christmas tree and pumpkin sales lots;
7. Construction (on-site) trailers;
8. Construction staging yards (off-site) for active construction projects;
9. Fairs and carnivals;
10. Food truck events;
11. Late night holiday business hours;
12. Model homes and sale offices;
13. Night markets;
14. Outdoor grand opening events;
15. Outdoor music shows;
16. Parking lot/sidewalk sales (associated with a retail business) ;
17. Short-term valet parking programs;
18. Traveling amusements;
19. Any other activity requiring issuance of a Daily (Special One-day Event Permit) from the California Department of Alcoholic Beverage Control;
20. 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).
Exemption. This Chapter shall not apply to special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit). However, this exemption
shall not relieve property owners from securing a temporary use permit for any
activity located on private property that may be associated with an approved special
event. This Chapter shall also not apply to property located within an overlay combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit).
21.45.030 – Application filing and contents.
A. Filing. An application for a temporary use permit shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing,
Processing and Fees), at least sixty (60) days prior to the date of the proposed
temporary use.
B. Contents. Applications for a temporary use permit shall be available from and filed with the community development department and shall contain the following
information:
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1. Name, address and phone number of the applicant and property owner;
2. Signature of the applicant and property owner;
3. Address of the property where the temporary use is proposed to occur;
4. A site plan depicting existing structures and improvements and the area of the
property to be occupied by the proposed temporary use;
5. Parking management plan;
6. A drawing of any proposed temporary signage (subject to a temporary sign permit in compliance with Section 21.30.070);
7. A written statement of the proposed temporary use, including a description of
the proposed activity(s), days and hours of the use, personnel involved in the
operation, what type of goods or services provided, sanitary facilities provided, the use of amplified music, cooking facilities, provision of alcoholic beverages, temporary lighting, parking accommodations, and required vehicular
circulation;
8. Application fee as established by the Schedule of Fees and Charges; and
9. Any other information deemed necessary by the community development director to properly evaluate the request.
21.45.40 – Approval authority and permit process.
A. Approval authority. The community development director shall be the approval
authority for applications for temporary use permits. However, the community development director may refer an application to the Planning Commission for consideration and decision, subject to the provisions of Chapter 21.64, (Public
Hearing).
B. Review considerations. In evaluating an application for a temporary use permit, the community development director shall consider the potential noise, parking, traffic, light, glare, odor, dust, aesthetic, and public safety impacts of the proposed
temporary use in conjunction with existing on-site land uses. To facilitate this
evaluation, the community development director may request that an application for a
temporary use permit be reviewed by the police chief, city engineer, traffic engineer, building official, and/or fire district chief, for review and recommendation prior to deeming an application complete.
C. Decision. Upon acceptance of a complete application in compliance with Chapter
21.38, (Application Filing, Processing, and Fees), the community development
director shall render a decision on the application within five (5) business days.
D. Notice to the applicant. Upon rendering of a decision for a temporary use permit
application, the community development director shall provide written notification of
the decision to the applicant and property owner. The notification shall include
findings for the decision, the ending date of the appeal period, and in the case of
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approval, shall include all conditions and time limits imposed by the community development director.
E. Public notification. Concurrently with the notice to the applicant and property owner
the community development director shall also mail a notice of decision to all owners
of property situated within three hundred feet of the subject property at the address
set forth on the most currently available assessment roll adopted by the County of Santa Clara. The notice shall provide a brief description of the temporary use permit
request, the location of the subject property, the decision rendered, the appeal
process, and the ending date of the appeal period.
F. 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).
21.45.050 – Findings.
An application for a temporary use permit may only be approved if the community development director finds that:
A. The temporary use is allowable by this Chapter and within the applicable zoning
district, upon approval a temporary use permit;
B. The temporary use would not conflict with restrictions of an existing Conditional Use Permit or similar entitlement applicable to the subject property;
C. The temporary use is consistent with the Campbell General Plan and the purpose of
this Chapter;
D. The temporary use is compatible with existing land uses on the subject property;
E. 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; and
F. 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.
21.45.060 – Conditions and time limits.
In approving an application for a temporary use permit, the community development
director shall impose a time limit and reasonable and necessary conditions necessary to
affirmatively establish the findings listed in Section 21.45.050, above, including but not limited to the following:
1. Limitation on the length of time, the day(s) of the week, and the hours of the
day during which the temporary use may be conducted;
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2. Provision for traffic and/or crowd control;
3. Provision for security as recommended by the Police Chief;
4. Provision for sanitary facilities; and
5. A cash deposit as surety for clean-up, repair of public property, and/or
unanticipated use of public resources.
21.45.070 – 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.
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 Use Permits
Approval of a special event permit shall not relieve property owners from securing a
temporary use permit in compliance with Chapter 21.54, (Temporary Use Permits) for any
activity located on private property that may be associated with an approved special event.
SECTION 5. P-O Zoning District Permitted Uses: Campbell Municipal Code Section 21.10.030.B (Permitted uses in P-O (Professional Office) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) 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;
4.5. 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 (strikeout) indicating deleted text:
Page 6 of 18
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);
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).
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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);
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;
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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;
34.35. 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 Permitted Uses: Campbell Municipal Code Section
21.10.060.B (Permitted uses in C-3 (Central Business District) zoning district) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
B. Permitted uses in C-3 (Central Business District) Zoning District. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Retail business, including but not limited to clothing stores, department stores,
drugstores, furniture stores, toy stores, jewelry stores, shoe stores, florist shops
and gift shops subject to standards for alcohol sales in compliance with
paragraph (F) (Standards for alcohol sales in the C-3 zoning district), below. Does not include retail business uses specified in paragraph (C) (Uses permitted with a conditional use permit in the C-3 district).
2. Tutoring centers (small and large), studios (small and large), and professional
offices, except on the ground floor of parcels abutting East Campbell Avenue
east of Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes
access from East Campbell Avenue.
3. Service commercial establishments including but not limited to barber shops, beauty parlors, dry cleaning, photographic studio, shoe repair shops, and tailors, except on the ground floor of parcels abutting East Campbell Avenue east of
Second Street unless the following standards can be met:
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a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes
access from East Campbell Avenue.
4. Outdoor seating and merchandise displays, subject to approval of an outdoor
seating and merchandise display permit in compliance with paragraph (H) (Standards and permit requirements for outdoor seating and merchandise display), below.
5. Restaurants, subject to the provisions of paragraph (F) (Standards for alcohol
sales in the C-3 zoning district) and standards for live entertainment in
compliance with paragraph (G) (Standards for live entertainment in the C-3 zoning district), below.
6. Temporary uses, subject to Chapter 21.45.
6.7. Wireless telecommunications facilities—stealth (requires approval of a site and
architectural review permit).
7.8. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions).
SECTION 9. 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 (strikeout) 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;
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13. Machinery manufacturing;
14. Metal products fabrication;
15. Offices, professional;
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 10. 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 (strikeout) 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.
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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.
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 11. 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 (strikeout) indicating deleted text:
Page 12 of 18
H. Permit required. Unless otherwise specified in this chapter, and excepting a temporary use permit 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 12. P-F Zoning District Permitted Uses: Campbell Municipal Code Section 21.12.040.C (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 (strikeout) indicating deleted text:
C. Uses allowed with site and architectural review. The following uses are allowed, subject to the approval of a site and architectural review permit in compliance with Chapter
21.42, (Site and Architectural Review), except where exempt Permitted uses in P-F
(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 13. 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 14: Definitions of Beer and Wine Festival: The definition for "beer and wine
festival" is hereby deleted from Campbell Municipal Code Section 21.72.020.B.
SECTION 15. 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
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Type of Permit
or Decision
Decision-making body and Role (1)
Procedures
are found
in:
Community
Development
Director (2)
Planning
Commission City Council
Land Use Permits and other Development Entitlements
Administrative Planned
Development Permits 21.12.030 Decision Appeal Appeal
Administrative Site and
Architectural Review
Permits
21.42 Decision Appeal Appeal
Conditional Use Permits 21.46 Decision (5) Appeal
Development Agreements 21.52 Recommend Decision
Fence Exceptions 21.18.060 Decision Appeal
Home Occupation Permits 21.44 Issuance
Parking Modification
Permit (5) 21.28.050 Decision Decision/Appeal Decision/Appeal
Planned Development
Permits 21.12.030 Recommend Decision
Pre-applications 21.41 Comments(4) Comments(4)
Reasonable
Accommodations 21.50 Decision Appeal Appeal
Sign Permits 21.30 Issuance(2) Decision(2) Decision(2)
Appeal(2)
Site and Architectural
Review Permits 21.42 Decision(5) Appeal
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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
Amendments 21.60 Recommend Decision
Interpretations 21.02 Decision Appeal Appeal
Zoning Code
Amendments 21.60 Recommend Decision
Zoning Map Amendments 21.60 Recommend Decision
SECTION 16. 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 (strikeout) 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
9.10. Architectural Modification (in compliance with Section 21.14.030.C.4
(Administrative authority).
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SECTION 17: 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 as prescribed by a temporary use permit.
SECTION 18: 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 standard restaurant (as defined in Section 21.02.335 21.72.020.R) in a the C3-S C-3 (cCentral bBusiness District) zZoning dDistrict, provided that such entertainment satisfies the requirements stated in
Section 21.26.020 21.10.060.G (Standards for live entertainment in the C-3 zoning
district).
(3) Live entertainment conducted in conjunction with an approved temporary use permit in compliance with Chapter 21.45 (Temporary use permits).
SECTION 19: 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 (strikeout) indicating deleted text:
5.08.010 - Activities designated—Fees.
No person shall conduct any of the following businesses and activities in the cCity
without first securing a permit therefor from the cCity cCouncil 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 Officer of 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
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(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
(4) Circus, menagerie or wild west show 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
(8)(3) Hypnotism, per year\449.00
(9)(4) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler, per
day\30.00
(10)(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
(12)(7) Used motor vehicle dealer—Same as Commercial per Municipal Code Section
5.04.010
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(13)(8) Billiard and/or pool room, per year\224.00
(14)(9) Dancehall, public dances, per year\100.00
(15)(10) Mechanical amusement device and contraptions and vending machines—See
Section 5.08.080
(16) Sideshow, per day\25.00
SECTION 20. 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 21. Special Provisions for Cargo Storage Containers: Campbell Municipal Code
Chapter 21.36.050 (Cargo storage containers) is amended to read as follows with
underlining indicating new text and strikeouts (strikeout) indicating deleted text: 21.36.050 - Cargo storage containers.
This section provides regulations for the use of sea cargo and transport containers used
for temporary storage purposes during active construction, when placed on a property.
A. One cargo container shall be allowed on a residential property in conjunction with an
active building permit and shall meet thesubject to the following criteria:
1. The cargo container shall be installed on private property and not in a public
right-of-way, unless approved by the City Engineer;
2. Maximum allowable time of installation on a residential property shall be one
year from date of installation;
3.2. The location of a the cargo container, the installation date, and the removal date shall be shown on the approved building plans; and
4.3. The cargo container shall be removed before issuance of a certificate of
occupancy.; and
5. Placement of more than one cargo container shall require approval of a use permit.
B. Cargo containers may be allowed in residential zoning districts subject to approval of
a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits).
C.B. Cargo containers unrelated to active construction or a request for more than
one container may be allowed in a nonresidential zoning districts subject to approval
of a conditional use permittemporary use permit in compliance with Chapter 21.456 (Temporary use permitsConditional Use Permits).
D. The use of cargo storage containers shall be considered temporary in nature and a
one year maximum time limit shall be imposed for their use. Upon approval, the
applicant shall provide a letter of agreement, satisfactory to the city attorney, stating that the container(s) will be removed from the property within one year from the date of approval, unless the planning commission grants an extension.
E. In order to approve a cargo storage container, the planning commission shall find that
the placement of a container(s):
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1. Does not adversely affect required parking facilities for the property;
2. Is architecturally compatible with existing and neighboring structures to the extent possible including building materials, colors and roof elements;
3. Does not impair the orderly and harmonious development of the surrounding
properties.
PASSED AND ADOPTED this _____ day of ____________, 2019 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers: APPROVED:
________________________
Richard M. Waterman, Mayor ATTEST:
_______________________________ Wendy Wood, City Clerk