2019-07-02 (City Council)City
Council
Report
TITLE: Public Hearing to Consider a City-Initiated Zoning Code Amendment
(PLN2018-163) Adding New Chapter 21.45 (Temporary Use Permits)
to the Campbell Municipal Code and Amending Various Other
Sections of Title 21 and Title 5 of the Campbell Municipal Code
Pertaining to the Permitting and Regulation of Temporary Uses on
Private Property and the Associated Rescission of City Council
Policy 9.8 (Approval of Temporary Permits for Christmas Tree and
Pumpkin Sales) (Ordinance/Resolution/Roll Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council take the following actions:
(1) take first reading and introduce an ordinance adding new Chapter 21.45 (Temporary
Use Permits) to the Campbell Municipal Code and amending various other sections of
Title 21 and Title 5 of the Campbell Municipal Code pertaining to the permitting and
regulation of temporary uses on private property; and (2) adopt a resolution rescinding
City Council Policy 9.8 (Approval of Temporary Permits for Christmas Tree and
Pumpkin Sales).
ENVIRONMENTAL DETERMINATION
The Planning Commission recommends that the City Council 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: At its meeting of June 26, 2018, the Planning Commission initiated
preparation of an ordinance to establish a framework for Temporary Use Permits (TUP),
under the authority granted by Campbell Municipal Code Section 21.60.020 (Initiation of
amendment). This action was taken at staff's recommendation based on an evident
need to establish formal permitting authority for temporary activities not otherwise
allowed by the City's Municipal Code. Consistent with the initiation action, staff prepared
a Zoning Code Amendment, which was considered by the Planning Commission on
February 12, 2019. The Commission voted 4-0-2 (Commissioners Rivlin and Ching
Item: 15
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: July 2, 2019
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absent) to recommend that the City Council adopt the proposed ordinance. The City
Council hearing on the proposed ordinance was postponed, however, to address
concerns raised by the Chamber of Commerce and other scheduling priorities.
Summary: As discussed in the attached Planning Commission staff report (reference
Attachment 3), the proposed ordinance would allow a range of "temporary uses" on
non-residentially zoned properties that are not ordinarily allowed as a constant or
permanent activity. As defined, these uses would include Christmas tree lots, sidewalk
sales, carnivals, outdoor grand opening events, outdoor 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, as well as similar
activities as determined by the Community Development Director. In other words, the
ordinance is a planning tool to permit uses not otherwise allowed on a temporary basis.
Otherwise, these uses are, and would continue to be, prohibited, absent such an
ordinance.
The ordinance would establish an administrative review procedure that strikes a
balance between expediency and adequate public notification. Applicants would be
required to submit requests at least 60 days prior to an event in order to provide
sufficient time for staff review and decision and a public notification/appeal period. Staff
intends to notify those businesses and organizations that historically hold annual
activities to provide advanced notification of the new permit requirements.
Due to the wide range of potentially allowable temporary activities, the ordinance is
structured to provide broad flexibility to the Community Development Director to
establish appropriate conditions and time limits for each proposed application. Over
time staff expects to develop an internal set of "best practices" as applications are
processed and approved events can be evaluated.
Since the ordinance would specifically address Christmas tree and pumpkin lots, City
Council Policy 9.8 (Approval of Temporary Permits for Christmas Tree and Pumpkin
Sales) (reference Attachment 4) is proposed to be rescinded in order to transition from
a policy to an actual codified process. Similarly, for internal consistency the ordinance
would also modify existing Title 5 sections pertaining to live entertainment and carnival
permitting requirements.
Potential Revisions: The Chamber raised a general concern that the proposed
ordinance was overly regulatory and would be a burden on small businesses. Other
members of the community expressed a similar concern that the ordinance would
prevent customary use of private property, such as private parties or Girl Scout cookie
sales. To address these concerns, staff has prepared a revised "red-line" version of the
proposed new Chapter 21.45 (reference Attachment 5). The revised text clarifies the
intent of the ordinance, provides for specific exemptions, allows for appeal of the
Community Development Director's application of the ordinance, streamlines the public
review process, and indicates a temporary use permit may allow an approved event to
reoccur at a specified interval (e.g., annually, monthly, etc.) without additional approval
by the City.
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PUBLIC NOTIFICATION
In addition to the standard newspaper advertisement, staff also sent a letter to the
property owners of large shopping centers, private school campuses, and religious
assemblies, where temporary uses may occur in the future. An email from the Chamber
regarding the revised language is included as Attachment 6.
FISCAL IMPACT
In anticipation of this ordinance, the City Council approved establishment of permit fees
in the 2019 fee schedule that went into effect on January 1st. Non-profit organizations
with 501(c)(3) Federal Income Tax Status (or similar) would pay a $470 application fee
while all other for-profit organizations and individuals would be subject to a $1,568
application fee. Since the City has never implemented such an ordinance, it is unknown
how many applications may be submitted such that the potential fee generation cannot
be accurately estimated.
ALTERNATIVES
If the Council is supportive of the draft ordinance with the aforementioned "red-line"
revisions, the Council may take the following action:
1. Take first reading and introduce an ordinance (reference Attachment 1),
adding new Chapter 21.45 (Temporary Use Permits), as amended by
Attachment 5, and amending various other sections of the Campbell Municipal
Code pertaining to the permitting and regulation of temporary uses on private
property; and
2. Adopt a resolution (reference Attachment 2), rescinding City Council Policy 9.8
(Approval of Temporary Permits for Christmas Tree and Pumpkin Sales).
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
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Approved by:
Brian Loventhal, City Manager
Attachment:
1. Draft Ordinance
2. Draft Resolution
3. PC Staff Report
4. City Council Policy 9.8
5. 'Red-Line' Chapter 21.53
6. Chamber Email
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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;
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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:
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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:
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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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Packet Pg. 201 Attachment: Draft Ordinance (Temporary Use Permit Ordinance (PLN2018-163))
Page 14 of 18
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
(B) Merry-go-round, per day\6.00
(C) Ferris wheel, per day\6.00
(D) Scenic railway, per day\6.00
(E) Shoot the chutes, per day\6.00
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Page 16 of 18
(F) Dodge 'em., per day\6.00
(G) Swing, per day\6.00
(H) Any mechanical device for carrying passengers, per day\6.00
(I) Ball-throwing game, per day\6.00
(J) Ring-throwing game, per day\6.00
(K) Fortune or other wheel games, per day\6.00
(L) (K) Shooting gallery, per day\6.00
(M) (L) Keno, lotto or other and similar games, per day\6.00
(14) Skee ball, bat ball or other similar device, equipment or entertainment, per
year\15.00
(15) Box Boxing or wrestling bout, per day\25.00
(16) 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
(18) Festival, fair or carnival, first day\336.00
Each additional day, per day\106.00
(20)(1) Fire and/or bankruptcy and/or wreck sale, first day\50.00
Each additional day, per day\25.00
(21)(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
(22)(3) Hypnotism, per year\449.00
(23)(4) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler, per
day\30.00
(24)(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
(25)(6) Pawnbroker, per year\336.00
(26)(7) Used motor vehicle dealer—Same as Commercial per Municipal Code Section
5.04.010
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(27)(8) Billiard and/or pool room, per year\224.00
(28)(9) Dancehall, public dances, per year\100.00
(29)(10) Mechanical amusement device and contraptions and vending machines—See
Section 5.08.080
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
2. Placement of more than one cargo container shall require approval of a use
permit.
C. 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).
D.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).
E. 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.
F. In order to approve a cargo storage container, the planning commission shall find that
the placement of a container(s):
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Packet Pg. 205 Attachment: Draft Ordinance (Temporary Use Permit Ordinance (PLN2018-163))
Page 18 of 18
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
15.a
Packet Pg. 206 Attachment: Draft Ordinance (Temporary Use Permit Ordinance (PLN2018-163))
RESOLUTION NO._______
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL RESCINDING CITY COUNCIL POLICY
9.8 (APPROVAL OF TEMPORARY PERMITS FOR
CHRISTMAS TREE AND PUMPKIN SALES).
WHEREAS, on March 12, 2019, the City Council introduced an ordinance to
adopt a Zoning Code Amendment (PLN2018-163) adding new Chapter 21.45
(Temporary Use Permits) to the Campbell Municipal Code and amending various other
sections of the Campbell Municipal Code pertaining to the permitting and regulation of
temporary uses on private property;
WHEREAS, the Temporary Use Permit process created by the aforementioned
ordinance would allow for a range of temporary uses of land including seasonal
Christmas tree and pumpkin sales lots; and
WHEREAS, City Council Policy 9.8 (Approval of Temporary Permits for
Christmas Tree and Pumpkin Sales) would be redundant with new Chapter 21.45
(Temporary Use Permits).
NOW, THEREFORE, BE IT RESOLVED that the City Council rescinds City Council
Policy 9.8 (Approval of Temporary Permits for Christmas Tree and Pumpkin Sales).
PASSED AND ADOPTED this ___ day of ____, 2019, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:______________________________
Richard M. Waterman, Mayor
ATTEST:______________________________
Wendy Wood, City Clerk
15.b
Packet Pg. 207 Attachment: Draft Resolution (Temporary Use Permit Ordinance (PLN2018-163))
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.
15.c
Packet Pg. 208 Attachment: PC Staff Report (Temporary Use Permit Ordinance (PLN2018-163))
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 and recommendation 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 would also 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 the General 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 the General 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.
15.c
Packet Pg. 209 Attachment: PC Staff Report (Temporary Use Permit Ordinance (PLN2018-163))
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 to protect 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
15.c
Packet Pg. 210 Attachment: PC Staff Report (Temporary Use Permit Ordinance (PLN2018-163))
9.8 Approval of Temporary Permits for Christmas Tree and Pumpkin
Sales: Temporary permits for Christmas tree or pumpkin sales shall be
subject to review and approval by the Chief Building Official, subject to
the following restrictions:
1. Location -All temporary lots shall be located within
commercial, industrial, public or quasi-public zoning
districts and shall be contiguous to an arterial street, as
designated in the Transportation (Circulation) Element of the
Campbell General Plan.
2. Parking and Access -A m~n~um of 10 off-street parking spaces
shall be provided unless the City Traffic Engineer determines
that sufficient on-street parking exists to provide the
necessary parking and that said parking will not impact
adjacent residential areas.
3. Hours of Operation -Hours of operation shall be between 8:00
a.m. and 11:00 p.m.
4. Building and Fire Codes -Applicants shall comply with all
applicable building and fire codes.
-31-
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Packet Pg. 211 Attachment: City Council Policy 9.8 (Temporary Use Permit Ordinance (PLN2018-163))
5. Fees -Applicants shall pay applicable City fees including
building, fire, and business license. Applicants shall
complete an application as prescribed by the Chief Building
Official including signatures of the applicant and property
owners (or agents).
6. Watch Person -Applicants may locate a night watch person
trailer on temporary sales lots, subject to meeting applicable
building and fire codes.
7. Clean-up -The site shall be cleared of any material
associated with the temporary sales event and cleaned up
within ten days of the scheduled event. City sidewalks and
streets shall be kept clean and unobstructed at all times.
8. Time Limit -The temporary sales event shall be limited to a
maximum of two months.
9. Temporary Signage -Temporary signage shall comply with the
Sign Ordinance, and shall be placed on private property.
Off-site signs or signs within the public right-of-way are not
permitted.
10. Traffic and Access -Applications for temporary sales events
are subject to review by the Traffic Engineer and City
Engineer who may limit operations or condition the activity to
ensure safe use and safe vehicular and pedestrian access.
-3la-
15.d
Packet Pg. 212 Attachment: City Council Policy 9.8 (Temporary Use Permit Ordinance (PLN2018-163))
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 the activity will not interfere with the
primary activities authorized for a particular property that basic health, safety and
general community welfare standards are met. It is not the intent of this Chapter to
restrict the lawful, 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 – Applicability.
A. 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 (except those occurring within the C-3
Zoning District);
3.Blood drives, outdoors within a parking lot ;
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.Pop-up restaurants;
14.15. Outdoor grand opening eventsparties (does not include typical "ribbon-
cutting" events sponsored by a chamber of commerce);
15.16. Outdoor music shows;
16.17. Seasonal Pparking lot/sidewalk sales (associated with a retail business) ;
15.e
Packet Pg. 213 Attachment: 'Red-Line' Chapter 21.53 (Temporary Use Permit Ordinance (PLN2018-163))
17.18. Short-term valet parking programs;
18.19. Traveling amusements;
19.20. Any other activity requiring issuance of a Daily (Special One-day Event
Permit) from the California Department of Alcoholic Beverage Control;
20.21. 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. Exemptions. This Chapter shall not apply to the following:
1. sSpecial 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.
2. This Chapter shall also not apply to pProperty located within an overlay
combining zoning district subject to a master use permit authorized by
Section 21.14.030.C (Master use permit);.
3. Private events not open to the general public occurring entirely within the
interior 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.).
C. 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.
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.
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Packet Pg. 214 Attachment: 'Red-Line' Chapter 21.53 (Temporary Use Permit Ordinance (PLN2018-163))
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:
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. However, to expedite
the review of minor requests, the community development director may deem an
application complete without review of the aforementioned officials.
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Packet Pg. 215 Attachment: 'Red-Line' Chapter 21.53 (Temporary Use Permit Ordinance (PLN2018-163))
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
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 abutting or directly
across a public right(s)-of-way from 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 five 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
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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;
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 – Reoccurrence of an Approved Activity
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 (e.g., annually, 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.
21.45.0870 – 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.
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