2021-03-02 (City Council)
City
Council
Report
TITLE: Continued 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; a (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.
BACKGROUND
The City Council considered the Temporary Use Permit (TUP) Ordinance at its meeting
of February 2, 2021. The Council provided direction to staff to revise the draft
ordinance. A revised draft has been prepared, as discussed below. For the Council's
reference, the previous City Council staff report, as well as the preceding October 27,
2020 Planning Commission staff report are included as Attachments C and D,
respectively. The October 27th Planning Commission meeting minutes are also
included as Attachment E.
Item: 7
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: March 2, 2021
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DISCUSSION
The revised draft ordinance provided in "red-line" with the revisions highlighted
(reference Attachment F), incorporates the following revisions. These revisions are
also reflected in the "clean" ordinance copy provided as Attachment A.
◼ Definitions: The new ordinance references the Zoning Code's definition chapter to
define the meaning of terms and also indicates that the common dictionary definition
shall be presumed to be correct for terms that are not defined by the Zoning Code.
◼ Entertainment Performances: Entertainment performances, such as busking and
First Friday musical performances conducted on private property, would be
specifically exempted so long as they do not constitute a public nuisance.
◼ Parking Lots: The requirement that activity within a parking lot not "interfere" with
vehicular or pedestrian circulation has been reworded to simply require that
"adequate" vehicular or pedestrian circulation be maintained.
◼ Duration: To maintain the "temporary" nature of the uses intended to be allowed by
the TUP ordinance, a new provision would limit the duration of an approved
temporary use to no more than 90 days within a calendar year, with the exception of
construction-related containers and trailers.
◼ Reoccurrence: The reoccurrence section has been revised to indicate that the
Community Development Director may allow a temporary activity to reoccur only
within a single calendar year to accommodate a use that may reoccur on a weekly,
monthly, or seasonal basis.
◼ Fees: As noted, the Council previously adopted a $489 TUP application fee for
501(c)(3) non-profit organizations and a $1,629 fee for all other applicants. The
revised draft would allow the City Manager to apply the reduced fee to non 501(c)(3)
organizations if the proposed activity would benefit the public good. These requests
would be considered on a case-by-case basis and could also be forwarded to the
Council for consideration. However, please be aware that most temporary activities
intended to attract public participation and/or attendance could be found to be in the
interest of the public good. Since most non-profits are classified as such because
they are formed to serve the public good versus private gain, the Council may wish
to leave this provision as currently written.
FISCAL IMPACT
As noted in the February 2, 2021 City Council staff report, in anticipation of adoption of
a Temporary Use Permit Ordinance, the City Council approved establishment of permit
fees in the City's Schedule of Fees and Charges. Non-profit organizations with 501(c)(3)
Federal Income Tax Status (or similar) would pay a $489 application fee while all other
for-profit organizations and individuals would be subject to a $1,629 application fee.
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These fees would not apply to exempt or "by-right" temporary activities. By way of
comparison, the Carnival Permit fee was last set at $342 (first day) plus $106 for each
additional day, although the City Council has customarily granted a 50% reduction for
the St. Lucy Parish School Carnival. Since the City has never implemented such an
ordinance, it is unknown exactly how many applications may be submitted. However,
conservatively, the City may expect to see half a dozen applications to be submitted,
generating between $3,000 to $10,000 in fees, depending on how many of the
applicants are non-profit organizations. Should the Temporary Use Permit Ordinance be
adopted by City Council and after the City has more history and experience with the
associated revenue, staff will adjust estimated City revenues in future budgets, if
appropriate, to account for it. However, at this time, staff is not recommending
adjustment to FY 2021 budgeted revenue estimates.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Ordinance
b. Draft Resolution
c. CC Staff Report (02-022-2021)
d. PC Staff Report (10-27-2020)
e. PC Minutes (10-27-2020)
f. Revised Draft Ordinance (Red-Lined)
g. City Council Policy 9.8
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Ordinance No. _____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO
ADOPTING NEW CHAPTER 21.45 (TEMPORARY USES) AND AMENDING VARIOUS
OTHER SECTIONS OF THE CAMPBELL MUNICIPAL CODE PERTAINING TO THE
PERMITTING AND REGULATION OF TEMPORARY USES ON PRIVATE PROPERTY.
FILE NO. PLN2018-163
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does ordain as follows:
SECTION 1. The City Council finds and determines that the adoption of this ordinance is
exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section
15061(b)(3) in that the minor temporary uses of land this ordinance is intended to allow for
are exempt from environmental review under section 15304(e) such that the ordinance has
no potential to cause a significant effect on the environment.
SECTION 2. The City Council further finds and determines that the proposed ordinance is
consistent with the goals, policies, and actions of the General Plan; would not be
detrimental to the public interest, health, safety, convenience, or general welfare of the city;
and is internally consistent with other applicable provisions of the Campbell Municipal Code.
SECTION 3. Adopting of Temporary Uses Chapter: New Chapter 21.45 (Temporary Uses)
is hereby added to Article 3 (Development and Operational Standards) of Title 21 (Zoning
Code) of the Campbell Municipal Code to read as follows:
CHAPTER 21.45 (TEMPORARY USES)
21.45.010 – Purpose of Chapter.
This Chapter establishes allowance for short- and intermediate-term land use
activities, commonly known as temporary uses. Those temporary uses that the City Council
has determined would not adversely affect the public health, safety and welfare are
permitted by right without specific City approval. All other temporary uses shall require
approval of a temporary use permit in compliance with this Chapter to ensure the activity will
not interfere with the primary uses authorized for a particular property. It is not the intent of
this Chapter to restrict the reasonable and customary use of private property in a manner
that does not interfere with the reasonable use and enjoyment of other properties.
21.45.020 – Definitions.
The meaning of the terms used in this Chapter shall be as defined by Chapter 21.72
(Definitions). Where a term is not defined, the most common dictionary definition shall be
presumed to be correct as determined by the community development director.
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21.45.030 – Exemptions.
This Chapter shall not apply to the following:
1. Special events approved by the City Council pursuant to Chapter 5.50,
(Special Events Permit);
2. Property located within an overlay combining zoning district subject to a
master use permit authorized by Section 21.14.030.C (Master use permit);
3. Private events not open to the general public occurring entirely within the
interior of a commercial establishment, conducted in compliance with an
existing City land use permit;
4. Fundraising and commercial activities conducted by minor children (e.g.,
cookie sales, lemonade stands, etc.);
5. Non-Commercial speech activity protected by the United States or California
constitutions (e.g., the distribution of political or religious materials,
initiative/petition signings, voter registration drives, etc.); and
6. Entertainment performances conducted on private property (e.g., busking,
"First Friday" musical performances, etc.), provided that such performances do
not constitute a public nuisance as defined by Section 6.10.020 (Nuisance
conditions).
21.45.040 – Temporary uses allowed without a permit.
A. Allowed uses. The following temporary uses are permitted by right without the need
to obtain a temporary use permit and without cost, when located on a non-
residentially zoned private property, in compliance with Article 2, (Zoning Districts),
subject to the specified general standards.
1. Activity occurring on private property in association with a special event permit
approved pursuant to Chapter 5.50, (Special Events Permit);
2. Beer and wine festivals/walks occurring within the C-3 Zoning District, held by
a chamber of commerce or incorporated business association, and subject to
issuance of a Daily (Special One-day Event Permit) from the California
Department of Alcoholic Beverage Control;
3. Blood drives;
4. Grand opening and ribbon cutting events sponsored by a chamber of
commerce;
5. Halloween pumpkin sales lots occurring from September 1st to October 31st;
6. Holiday tree sales lots occurring from November 1st to December 25th;
7. Parking lot/sidewalk sales conducted by an on-site retail business, provided
that no more than five (5) parking stalls are utilized for a period of no more
than six (6) hours;
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8. Placement of on-site construction trailers on a property subject to an active
building permit;
9. Placement of up to two (2) cargo containers on a property subject to an active
building permit;
10. Sales offices located on a property subject to an active building permit; and
11. Social and/or fundraising events conducted on the property of a public
assembly use (as defined by section 21.72.020.p) for a period not exceeding
(6) six hours, provided that such events do not occur more than 12 times per
year.
B. General standards. Temporary uses shall be conducted in compliance with the
following general standards:
1. Advanced notice. An individual or organization intending to conduct a
temporary use as allowed by this section shall provide advanced written notice
to the community development director forty-eight (48) hours prior to
commencing the temporary use.
2. Hours of operation. All activity, including preparation and clean-up, shall occur
between the hours of 6:00 a.m. to 11:00 pm.
3. Fire Lanes. Required emergency vehicle access lanes shall not be blocked.
4. Parking lots. Activity within a parking lot shall maintain adequate vehicular or
pedestrian circulation.
5. Accessibility. Activities shall be made accessible to individuals with disabilities
to the extent required by State and Federal law.
6. Health and Sanitation. Appropriate health and sanitation facilities shall be
provided in accordance with the standards of the Santa Clara County
Department of Environmental Health.
7. Fire Safety. Appropriate permits shall be obtained from the Santa Clara
County Fire District for use of tents and/or open flames.
8. Noise. Regardless of decibel level, and taking into consideration the
surrounding noise environment, no noise shall obstruct the free use of
neighboring properties and/or adjacent businesses so as to unreasonably
interfere with the comfortable enjoyment of neighboring residents or
employees.
9. Permits. Building permits shall be required as specified by the California
Building Code.
C. Termination. If necessary to protect against an immediate threat to the public peace,
health, or safety, the city manager and authorized designees, including the
community development director, chief of police, and fire chief, may order the
immediate termination of the temporary use under the authority granted by Campbell
Municipal Code Section 6.10.150 (Procedure in Case of Emergency).
21.45.050 – Temporary uses allowed by permit.
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A. Temporary use permit required. The following temporary uses may be allowed
subject to approval of a temporary use permit when located on a non-residentially
zoned property, in compliance with Article 2, (Zoning Districts).
1. Any activity requiring issuance of a Daily (Special One-day Event Permit) from
the California Department of Alcoholic Beverage Control, except those
specified by Section 21.45.030.
2. Art, craft, car, and/or antique shows;
3. Beer and wine festivals/walks (except those occurring within the C-3 Zoning
District);
4. Fairs and carnivals;
5. Food truck events;
6. Late night holiday business hours;
7. Night markets;
8. Off-site construction staging yards;
9. Outdoor music shows;
10. Placement of cargo containers placed on a property not subject to an active
building permit;
11. Short-term valet parking programs;
12. Use of a vacant property subject to an active or approved development
application for an interim activity pending completion of the project; and
13. Other uses determined by the community development director to be of the
same general character as the above uses, in compliance with Section
21.02.020.F (Allowable uses of land).
B. Application filing. An application for a temporary use permit, including the required
materials and application fee, shall be filed with the community development
department in compliance with Chapter 21.38, (Application Filing, Processing and
Fees), at least ninety (90) days prior to the date of the proposed temporary use.
C. Approval authority. The community development director shall review applications for
a temporary use permit, impose conditions of approval, and establish time limits, in
compliance with the administrative decision process as prescribed in Chapter 21.71,
(Administrative Decision Process).
D. Findings. An application for a temporary use permit may only be approved if the
community development director finds that:
1. The temporary use is allowable by this Chapter and within the applicable
zoning district, upon approval a temporary use permit;
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2. The temporary use would not conflict with restrictions of an existing
Conditional Use Permit or similar entitlement applicable to the subject
property;
3. The temporary use is consistent with the Campbell General Plan and the
purpose of this Chapter;
4. The temporary use is compatible with existing land uses on the subject
property;
5. The subject property is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic the temporary use would be expected to
generate;
6. The subject property has adequate parking to reasonably accommodate the
demand the temporary use would be expected to generate; and
7. The conditions and time limits imposed by the community development
director are sufficient to ensure that the temporary use will not, under the
circumstances of the particular application, be detrimental to the health, safety
or general welfare of persons residing or working near the subject property.
E. Duration. Temporary uses authorized by this Chapter shall not be approved to occur
for a period exceeding ninety (90) days within any calendar year, except for the
placement of construction trailers, cargo storage containers, and sales offices on
properties subject to an active building permit, which may remain until the completion
of construction activity.
F. Reoccurrence. If requested by the applicant and approved by the community
development director, approval of a temporary use permit may incorporate an
allowance for the approved temporary use to reoccur at a specified interval within a
single calendar year (e.g., every Friday, monthly, etc.) without additional approval by
the City or payment of additional fees, subject to compliance with previously
established conditions of approval. However, if circumstances have changed, the
community development director may still require a new temporary use permit.
G. Fees. The City Council, by resolution, may adopt a reduced application filing fee for
proposed temporary uses sponsored by a non-profit organization. Other
organizations may request use of the reduced application filing fee if the city manager
determines that the proposed temporary use would benefit the public good. The city
manager may refer such requests to the City Council for consideration.
H. Appeals. A decision of the community development director may be appealed within
ten calendar days of the date of the notice of decision, in compliance with Chapter
21.62, (Appeals).
21.45.060 – Other approvals required.
Nothing in this Chapter eliminates the need for obtaining any permit, approval, or
entitlement that may be required to comply with the regulations of any county, regional,
State, or Federal agency.
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21.45.070 – Recourse.
Where a disagreement with the community development director's application or
understanding of this Chapter occurs, the procedures for an Interpretation provided in
Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be
followed, including the provisions for an appeal.
SECTION 4. Relationship to Special Event Permits: New Section 5.50.135 (Temporary Use
Permits) is hereby added to Chapter 5.50 – Special Event Permit to read as follows:
5.50.135 – Temporary Uses
Approval of a special event permit may also include related activity occurring on
private property pursuant to Chapter 21.54, (Temporary Use Permits).
SECTION 5. P-O Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.030.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:
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);
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7. Hardware stores (under ten thousand square feet);
8. Laundromats, self-service;
9. Libraries, public;
10. Light rail passenger terminals;
11. Meat markets;
12. Offices, professional;
13. Outdoor seating, when twelve total seats or less;
14. Parking lots/structures, public;
15. Personal services, general;
16. Pharmacies/drug stores;
17. Photocopying;
18. Photography studio/supply shop;
19. Repair and maintenance, consumer products;
20. Restaurants or cafes (excluding fast food or drive-ins);
21. Retail stores, general merchandise;
22. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
23. Schools K—12, public;
24. Shopping centers (under ten thousand square feet);
25. Temporary uses, subject to Chapter 21.45;
25.26. Travel agencies;
26.27. Universities/colleges, public;
27.28. Vending machines;
28.29. Wireless telecommunications facilities - stealth (requires approval of a site and
architectural review permit).
SECTION 7. C-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.050.B (Permitted uses in C-2 (General Commercial) zoning district) is amended to
read as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
B. Permitted uses in C-2 (General Commercial) Zoning District. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning
Clearances):
1. Ambulance service;
2. Artisan products, small-scale assembly;
3. Automated teller machines (ATM's);
4. Banks and financial services;
5. Blueprinting shops;
6. Catering business, only when ancillary to a restaurant;
7. Collection containers, large and small, subject to obtaining a permit pursuant to
section 21.36.245;
8. Dry cleaning;
9. Furniture, furnishings, and equipment stores (greater than ten thousand square
feet);
10. Furniture, furnishings, and equipment stores (under ten thousand square feet);
11. Garden centers/plant nurseries;
12. Grocery stores (under ten thousand square feet);
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13. Handicraft industries, small scale assembly;
14. Hardware stores (under ten thousand square feet);
15. Hotels;
16. Laundromats, self-service;
17. Libraries, public;
18. Light rail passenger terminals;
19. Medical services, laboratories;
20. Motels;
21. Offices, professional;
22. Outdoor seating, when twelve total seats or less;
23. Parking lots/structures, public;
24. Personal services, general;
25. Pharmacies/drug stores;
26. Photocopying;
27. Photography studio/supply shop;
28. Repair and maintenance, consumer products;
29. Restaurants or cafes (excluding fast food or drive-ins);
30. Retail stores, general merchandise;
31. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
32. Schools K—12, public;
33. Shopping centers (under ten thousand square feet);
34. Temporary uses, subject to Chapter 21.45;
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 Allowable Uses: Campbell Municipal Code Section
21.10.060.B, Table 2-11 (Land Use Table – C-3 Zoning District) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Apartments1 P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn2 C C
Cat and dog day care facilities P C
Cat and dog grooming facilities P C
Dancing and/or live entertainment establishments3 C C
Hotels C C
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Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Incompatible activities4 X X
Late night activities C C
Liquor establishments5 C6 C
Liquor stores7 C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities8 P P
Temporary uses, subject to Chapter 21.45 P P
Wireless Communication Facilities
May be allowed in compliance
with Campbell Municipal Code
Chapter 21.34 (Wireless
Communications Facilities)
SECTION 9. Master Plan Area Allowable Uses: Campbell Municipal Code Section
21.10.060.C, Table 2-11a (Land Use Table – Master Plan Areas) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 2-11a
Land Use Table – Master Plan Areas
LAND USES
Apartments A
Arcades A
Banks and financial services A
Convenience markets/stores A
Dancing and/or live entertainment establishments A
Government offices and facilities A
Grocery stores A
Incompatible activities1 X
Late night activities2 A
Liquor establishments A + C3
Liquor stores A + C4
Medical services, clinics A
Nightclubs A + C5
Offices, professional A
Outdoor merchandise display A
Outdoor seating A
Parking lots/structures, public A
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Table 2-11a
Land Use Table – Master Plan Areas
LAND USES
Personal services A
Public assembly uses A
Restaurants or cafes A
Restaurants, fast food A
Restaurants, standard A
Retail stores, general merchandise A
Secondhand/thrift stores A
Spa Services/Health Spa A
Studios, small and large A
Temporary uses, subject to Chapter 21.45 A
Theaters, movie or performing arts, and concert halls A
Tutoring centers (small and large) A
Wireless Communication Facilities
May be allowed in compliance
with Campbell Municipal Code
Chapter 21.34 (Wireless
Communications Facilities)
SECTION 10. C-M Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.070.B (Permitted uses in C-M (Controlled Manufacturing) zoning district) is amended
to read as follows with underlining indicating new text and strikeouts (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;
13. Machinery manufacturing;
14. Metal products fabrication;
15. Offices, professional;
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16. Paper products manufacturing;
17. Pharmaceutical manufacturing;
18. Plastics and rubber products;
19. Printing and publishing;
20. Research and development;
21. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
22. Sign manufacturing;
23. Temporary uses, subject to Chapter 21.45;
23.24. Textile products manufacturing;
24.25. Warehousing, wholesaling and distribution facility, incidental (less than fifty
percent of floor area);
25.26. Wireless telecommunications facilities - stealth (requires approval of a site and
architectural review permit).
SECTION 11. M-1 Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.080.B (Permitted uses in M-1 (Light Industrial) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (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.
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.
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24. Printing and publishing.
25. Repair and maintenance, consumer products.
26. Research and development.
27. Rug and upholstery cleaning.
28. Satellite television or personal internet broadband dishes/antenna (less than 3
feet in diameter).
29. Sign manufacturing.
30. Sign shops.
31. Temporary uses, subject to Chapter 21.45.
31.32. Textile products manufacturing.
32.33. Trucking/freight terminals.
33.34. Warehousing, wholesaling and distribution facility, incidental.
34.35. Warehousing, wholesaling and distribution facility, primary.
35.36. Wireless telecommunications facilities—stealth (requires approval of a site and
architectural review Permit).
36.37. Sexually oriented business in compliance with Chapter 5.55 and section
21.36.205 of this Code
SECTION 12. P-D Zoning District Permit Requirement: Campbell Municipal Code Section
21.12.030.H (Permit Required) is amended to read as follows with underlining indicating
new text and strikeouts (strikeout) indicating deleted text:
H. Permit required. Unless otherwise specified in this chapter or approved in compliance
with Chapter 21.45, (Temporary Use Permit) no use or structure shall be constructed,
created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning
district unless and until a planned development permit or an administrative planned
development permit has been approved. An administrative planned development permit
shall be processed through the administrative decision process as prescribed in Chapter
21.71, (Administrative Decision Process). An application for an administrative planned
development permit shall be filed with the community development department in
compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application
shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and
elevations and any other data/materials identified in the community development
department application for an administrative planned development permit. All applications
shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is
the responsibility of the applicant to establish the findings required by this section. The
decision by the community development director may be appealed as prescribed in Chapter
21.62, (Appeals).
SECTION 13. P-F Zoning District Permitted Uses: Campbell Municipal Code Section
21.12.040.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
7.a
Packet Pg. 39 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
Page 13 of 17
(Public Facilities) Zoning District. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Structures and facilities owned, leased, or operated (whether in a governmental
or proprietary capacity) by the city, the county, the state, the federal government,
any public school district, or any other public district within the city.
2. Temporary uses, subject to Chapter 21.45.
SECTION 14: Definitions of Beer and Wine Festival: The definition for "beer and wine
festival" provided in Campbell Municipal Code Section 21.72.020.B is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
“Beer and wine festivals/walks" means a fair, exhibition, ceremony, art show,
program, celebration, or other public assemblage of people for the conduct of a festivity
involving the sale and consumption of beer or wine. Beer and wine festivals shall comply
with the provisions of Chapter 21.45 (Temporary Uses) Section 21.36.030.
SECTION 15. Deletion of Beer and Wine Festivals provisions: Campbell Municipal Code
Section 21.36.30 (Beer and wine festivals) is hereby deleted in its entirety from the
Campbell Municipal Code.
SECTION 16. Decision-Making Table: Table 4-1 (Decision-Making Table) of Section
21.38.020 (Authority for land use and zoning decisions) is amended to read as follows with
underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 4-1
Decision-Making Body
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
7.a
Packet Pg. 40 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
Page 14 of 17
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
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 17. Appeals from administrative decisions: Campbell Municipal Code Section
21.62.020.B (Appeal of community development director's decisions) is amended to read as
follows with underlining indicating new text and strikeouts (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
7.a
Packet Pg. 41 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
Page 15 of 17
9.10. Architectural Modification (in compliance with Section 21.14.030.C.4
(Administrative authority).
SECTION 18. Administrative Approval Authority: Campbell Municipal Code Section
21.72.020 (Approval authority and process) is amended to read as follows with underlining
indicating new text and strikeouts (strikeout) indicating deleted text:
A. Approval authority. The community development director is the approval authority for
the following discretionary permits processed through the administrative decision
process:
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions;
4. Temporary use permits;
4.5. Tree Removal Permits;
5.6. Conditional Use Authorization (in compliance with Section 21.14.030.C.4
(Administrative authority); and
6.7. Architectural Modification (in compliance with Section 21.14.030.C.4
(Administrative authority).
SECTION 19: Definitions of Temporary Use: The following definition is added to subsection
T of Campbell Municipal Code section 21.72.020 between the definitions of "Target
population" and "Tennis courts, private" to read as follows, with underlining indicating new
text:
"Temporary use" means a land use activity described in Chapter 21.45, whether
profit or non-profit, conducted solely on private property for a limited period of time.
SECTION 20: Exemption from Live Entertainment Permit Requirements: Campbell
Municipal Code Section 5.24.010(c) is amended to read as follows with underlining
indicating new text and strikeouts (strikeout) indicating deleted text:
(c) The following uses are specifically exempted from this section:
(1) Shows and entertainments, theatrical, musical and vocal presentations, and other
live performances conducted by schools, colleges, churches, lodges and private
clubs themselves on their own premises, and those conducted and sponsored by
civic groups in supervised municipal parks;
(2) Live entertainment conducted in a pedestrian-oriented activity in the C-3 (Central
Business District) zoning district, provided that such entertainment satisfies the
requirements stated in Section 21.10.060.F (Standards for live entertainment in the
C-3 zoning district).
(3) Live entertainment conducted in conjunction with an approved temporary use permit
in compliance with Chapter 21.45 (Temporary use permits).
7.a
Packet Pg. 42 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
Page 16 of 17
SECTION 21: Exemption from Permit Procedures: Campbell Municipal Code Section
5.08.010 (Activities designated – Fees) is amended to read as follows with underlining
indicating new text and strikeouts (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
(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
7.a
Packet Pg. 43 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
Page 17 of 17
(12)(7) Used motor vehicle dealer—Same as Commercial per Municipal Code Section
5.04.010
(13)(8) Billiard and/or pool room, per year\224.00
(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 22. Deletion of Special Requirements for Circuses and Carnivals: Campbell
Municipal Code Chapter 5.16 (Circuses and Carnivals) is hereby deleted in its entirety from
the Campbell Municipal Code.
SECTION 23. Deletion of Special Provisions for Cargo Storage Containers: Campbell
Municipal Code Chapter 21.36.050 (Cargo storage containers) is hereby deleted in its
entirety from the Campbell Municipal Code.
PASSED AND ADOPTED this _____ day of ____________, 2021 by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Elizabeth Gibbons, Mayor
ATTEST:
_______________________________
Andrea Sanders, Acting City Clerk
7.a
Packet Pg. 44 Attachment: Draft Ordinance (PLN2018-163 ~ Temporary Use Permit)
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 February 2, 2021, 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 ______, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:______________________________
Elizabeth Gibbons, Mayor
ATTEST:______________________________
Andrea Sanders, Acting City Clerk
7.b
Packet Pg. 45 Attachment: Draft Resolution (PLN2018-163 ~ Temporary Use Permit)
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; a (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: 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. The Planning Commission reviewed a draft TUP ordinance at its meeting of
February 12, 2019 and forwarded a recommendation for approval to the City Council.
The City Council was initially scheduled to consider the Planning Commission's
recommendation at a March 19, 2019 hearing. However, following the Commission
meeting, the Campbell Chamber of Commerce expressed procedural concerns with the
recommended ordinance, resulting in the item's postponement. Staff worked with the
Chamber to draft potential revisions, which the City Council considered at its July 2,
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 2, 2021
11
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7.c
Packet Pg. 46 Attachment: CC Staff Report (02-022-2021) (PLN2018-163 ~ Temporary Use Permit)
Temporary Use Permit Ordinance (PLN2018-163) Page 2 of 4
2019 meeting. At this meeting the Council directed staff to continue to work with the
Chamber on revisions to streamline the permit process, look more closely how to review
community events with an emphasis on lowering fee costs, implementing performance
standards, considering allowing certain temporary activities to occur without a permit
outside of a permitted primary use, and perhaps reviewing cannabis consumption
events.
Staff revised the draft TUP ordinance to address the Council's feedback, excepting
cannabis consumption activities, which are prohibited under Campbell's Measure C
ballot initiative. Because of the substantial changes to the ordinance, State law requires
the Planning Commission to hold a public hearing and provide a recommendation
before the City Council can reconsider the matter. The Planning Commission reviewed
the revised ordinance at its October 27, 2020 meeting and recommended approval to
the City Council by a 6-0-1 vote (Commissioner Ostrowski absent).
Summary: As discussed in the attached Planning Commission staff report (reference
Attachment C), the proposed ordinance would allow a range of "temporary uses" on
non-residentially zoned properties. The ordinance would, in effect, create three tiers of
allowable temporary uses:
1. Exempt Activities: Certain types of activities would be entirely exempt from
regulation. These include private events not open to the public occurring entirely
within the interior of a commercial establishment (i.e., private parties), fundraising
and commercial activities conducted by minor children (cookie sales, lemonade
stands, etc.), and protected non-commercial speech activity including
initiative/petition signings and voter registration drives.
2. Permit Not Required – Performance Standards Apply: Routine temporary
activities would be allowed "by-right" without a permit, but subject to various
operational standards intended to ensure public health and safety. Examples of
these activities include blood drives, grand opening events, Christmas tree and
pumpkin sales lots, Downtown beer/wine walks, social/fundraising events,
temporary sales offices, limited parking lot/sidewalk sales, and placement of
construction trailers and cargo storage containers on active construction sites.
Individuals or organizations engaging in a "by-right" temporary activity would
need to inform the City 48-hours prior to commencing the event.
3. Allowed With a Permit: All other temporary activities would require approval of a
TUP granted by the Community Development Director following the established
administrative review process. Examples of these activities include including food
truck events, outdoor music shows, beer/wine walks (outside of Downtown), car
shows, extended holiday business hours, night-markets, short-term valet parking
programs, any activity requiring issuance of a single-day ABC license, as well as
an interim use of a vacant property subject to an active or approved development
application.
11
Packet Pg. 114
7.c
Packet Pg. 47 Attachment: CC Staff Report (02-022-2021) (PLN2018-163 ~ Temporary Use Permit)
Temporary Use Permit Ordinance (PLN2018-163) Page 3 of 4
Under the administrative review process, 10 days prior to rendering a decision on
a TUP application, a public notice would be mailed to property owners within
300-feet of the subject property informing them of the request. Decisions would
be appealable to the Planning Commission (and to the City Council thereafter).
Moving ahead, staff would contact those organizations who conduct annual
events of the new requirements well in advance so they may plan accordingly.
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 D) is proposed to be rescinded in order to transition from
a policy to a codified permit process. Similarly, for internal consistency the ordinance
would also modify existing Title 5 sections pertaining to live entertainment and carnival
permitting requirements. The latter change would transfer decision-making authority for
a carnival (e.g., the St. Lucy Parish School Carnival) from the City Council to the
Community Development Director (and permit processing from the Police Department
to the Planning Division).
FISCAL IMPACT
In anticipation of adoption of a Temporary Use Permit Ordinance, the City Council
approved establishment of permit fees in the City's Schedule of Fees and Charges.
Non-profit organizations with 501(c)(3) Federal Income Tax Status (or similar) would
pay a $489 application fee while all other for-profit organizations and individuals would
be subject to a $1,629 application fee. These fees would not apply to exempt or "by-
right" temporary activities. By way of comparison, the Carnival Permit fee was last set at
$342 (first day) plus $106 for each additional day, although the City Council has
customarily granted a 50% reduction for the St. Lucy Parish School Carnival.
Since the City has never implemented such an ordinance, it is unknown exactly how
many applications may be submitted. However, conservatively, the City may expect to
see half a dozen applications to be submitted, generating between $3,000 to $10,000 in
fees, depending on how many of the applicants are non-profit organizations. Should the
Temporary Use Permit Ordinance be adopted by City Council and after the City has
more history and experience with the associated revenue, staff will adjust estimated City
revenues in future budgets, if appropriate, to account for it. However, at this time, staff
is not recommending adjustment to FY 2021 budgeted revenue estimates.
Prepared by:
Daniel Fama, Senior Planner
11
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7.c
Packet Pg. 48 Attachment: CC Staff Report (02-022-2021) (PLN2018-163 ~ Temporary Use Permit)
Temporary Use Permit Ordinance (PLN2018-163) Page 4 of 4
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Ordinance
b. Draft Resolution
c. PC Staff Report (10-27-2020)
d. City Council Policy 9.8
11
Packet Pg. 116
7.c
Packet Pg. 49 Attachment: CC Staff Report (02-022-2021) (PLN2018-163 ~ Temporary Use Permit)
ITEM NO. 3
2
1
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ October 27, 2020
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 adopt
an 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 of the type 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: 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. The Planning
Commission reviewed a draft TUP ordinance at its meeting of February 12, 2019 and forwarded
a recommendation for approval to the City Council.
The City Council was initially scheduled to consider the Planning Commission's
recommendation at a March 19, 2019 hearing. However, following the Commission meeting, the
Campbell Chamber of Commerce expressed concerns with the ordinance, resulting in a
postponement of the Council meeting. Staff worked with the Chamber to draft potential
revisions, which the City Council considered at its July 2, 2019 meeting. At this meeting the
Council directed staff to continue to work with the Chamber on revisions to streamline the
permit process, look more closely how to review community events with an emphasis on
lowering fee costs, implementing performance standards, considering allowing certain temporary
activities to occur without a permit outside of a permitted primary use, and perhaps reviewing
cannabis consumption events.
Staff has revised the draft TUP ordinance to address the Council's feedback, excepting cannabis
consumption activities, which are prohibited under Campbell's Measure C ballot initiative.
Because of the substantial changes to the ordinance, State law requires the Planning Commission
to hold a public hearing and provide a recommendation before the City Council can reconsider
the matter.
7.d
Packet Pg. 50 Attachment: PC Staff Report (10-27-2020) (PLN2018-163 ~ Temporary Use Permit)
Staff Report ~ Planning Commission Meeting of October 27, 2020 Page 2 of 4
PLN2018-163 ~ Temporary Use Permit (TUP) Ordinance
Proposed Ordinance: The revised draft TUP ordinance (reference Attachment 2) would add a
new Chapter 21.45 (Temporary Use Permits) to the Zoning Code (Title 21) and amend various
other sections of the Campbell Municipal Code, to allow temporary uses to be conducted on non-
residentially zoned private property, 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) Zoning District. The following summarizes the key elements of the TUP
ordinance:
◼ Allowable Activities: Whereas the previous draft ordinance required issuance of a TUP for
all temporary uses, the new draft creates two categories of temporary uses. More innocuous
activities would be allowed "by-right" without a TUP or fee. These include blood drives,
grand opening events, Christmas tree lots, Downtown beer/wine walks, social/fundraising
events, temporary sales offices, limited parking lot/sidewalk sales, and placement of
construction trailers and cargo storage containers on active construction sites. These activities
would be subject to various operational standards intended to ensure public health and safety,
such as not blocking emergency vehicle lanes, ensuring compliance with Health Department
and Fire District standards, etc. Individuals or organizations engaging in a "by-right"
temporary activity would need to inform the City 48-hours prior to commencing the event.
All other temporary use activities would require issuance of a TUP, including food truck
events, outdoor music shows, beer/wine walks (outside of Downtown), car shows, extended
holiday business hours, night-markets, short-term valet parking programs, and any activity
requiring issuance of a single-day ABC license. Also permitted would be use of a vacant
property subject to an active or approved development application for an interim activity
pending completion of the project, as well as any other use determined by the Community
Development Director to be of the same general character as an identified temporary use.
The latter provision provides flexibility for the City to allow temporary activities that have
not been contemplated.
Lastly, the ordinance makes clear that certain types of activities are entirely exempt from
regulation. These include private events not open to the public occurring entirely within the
interior of a commercial establishment, fundraising and commercial activities conducted by
children (cookie sales, lemonade stands, etc.), and protected non-commercial speech activity
including initiative/petition signings and voter registration drives.
◼ Approval Authority: The Community Development Director would be the decision-making
authority on TUP applications. However, any decision may be appealed to the Planning
Commission. The Director may also elect to forward any request to the Planning
Commission for a decision if a particular request warrants greater public review.
◼ Review Procedure: An application for a TUP would need to be submitted at least 90 days
prior to the proposed activity. Before rendering a decision, staff would mail a notice to all
property owners within 300-feet of the subject property informing them of the request,
procedures for comment, and right to appeal a decision.
◼ Conditions: The Community Development Director's decision to approve a TUP would
include standard operational restrictions appropriate for the proposed use, such as sanitary
facilities, crowd control, security, and time limits.
7.d
Packet Pg. 51 Attachment: PC Staff Report (10-27-2020) (PLN2018-163 ~ Temporary Use Permit)
Staff Report ~ Planning Commission Meeting of October 27, 2020 Page 3 of 4
PLN2018-163 ~ Temporary Use Permit (TUP) Ordinance
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;
The General Plan directs the City to periodically review the allowable land uses in the City
and maintain a variety of uses in the community. Adoption of a TUP ordinance would further
this guidance by allowing temporary activities that are not currently permitted. For example,
earlier this year Kaiser Permanente asked if the City would allow a drive-through flu shot
clinic at their Hacienda Avenue location. Unfortunately, since this constituted an "outdoor
active activity" not allowed by the property's zoning, staff had no mechanism to approve
Kaiser's request. Similarly, Stanford Medical sought permission to conduct outdoor blood
drives at their Hamilton Avenue Blood Center, which staff could also not grant for the same
reason.
In addition, a TUP process may also entice entertainment activities of interest to the
community that are not currently allowed. Late last year, a developer asked if the City would
be willing accommodate relocation of the "The Yard" pop-up shipping container restaurant—
previously located by Oracle Park in San Francisco—for a limited time until the property was
developed. Such a proposal could have generated interest and land use vitality to a vacant
property, but again could not be accommodated.
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;
Protecting the interest, health, safety, convenience, and general welfare of the City's residents
is always at the forefront of decision-making. The draft ordinance is no exception to this
general obligation. The restrictions and procedures contained in the draft ordinance are
intended to minimize and manage potential issues and land use incompatibilities that may
arise from allowing temporary uses.
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PLN2018-163 ~ Temporary Use Permit (TUP) Ordinance
Moreover, 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 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
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***
Chair Krey read Agenda Item No. 3 into the record as follows:
3. PLN2018-163 Public Hearing to consider a City-initiated Zoning Code
Amendment (PLN2018-163) to adopt a new Chapter 21.45 and
amending other sections of the Campbell Municipal Code
pertaining to the permitting and regulation of temporary uses on
private property. Staff is recommending that this item be deemed
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Categorically Exempt under CEQA. Tentative City Council
Meeting Date: December 1, 2020. Project Planner: Daniel Fama,
Senior Planner
Mr. Daniel Fama, Senior Planner, provided the staff report.
Chair Krey asked if there were questions for staff.
Commissioner Rivlin:
• Asked what the established application fee is for a Temporary Use Permit (TUP).
• Inquired why the 90-day processing time frame was suggested.
• Questioned whether there might be an expedited process possible.
Planner Daniel Fama:
• Advised that the City Council approved the fee ahead of the Ordinance.
• Said that the non-profit (501c) would be charged $489.00.
• Added that all others would be charged $1,600.
Commissioner Rivlin asked about such potential events as a drive-thru flu shot program by
Kaiser. Would they have to pay the full $1,600 and take 90 days?
Planner Daniel Fama:
• Said that such applications would be reviewed by Fire, Police, Building, Planning and
Public Works.
• Added that after all comments are received, staff would work with the applicant on any
concerns raised.
• Concluded that expediting could be considered on a case-by-case basis.
• Reported that there are some types of activities that only require 48-hour notice and no
fee is charged.
Commissioner Buchbinder asked what the current process is for pumpkin lots and
Christmas tree lots.
Planner Daniel Fama pointed out that Pruneyard's Master Conditional Use Permit has its
own process for special events at their center.
Commissioner Buchbinder asked about the Downtown Farmers Market.
Planner Daniel Fama said no. This ordinance is for private property uses.
Commissioner Buchbinder:
• Reiterated that there is a certain list of by-right uses with just 48-hour notice to the City
and no fee.
• Added that other uses would requirement of a fee and a process that takes 90 days.
• Listed activities that are entirely exempt as being private events within a commercial
location; lemonade stands run by children; and voter registration drives etc.
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Commissioner Zisser asked staff if it is common for cities to do this.
Planner Daniel Fama replied yes, except for the 48-hour notification provision for some
types of event.
Commissioner Zisser asked if it is possible for this process to result in any unintended
consequences.
Planner Daniel Fama said that there is a limited scope. He added that staff recognizes that
a lot of things happen.
Director Paul Kermoyan:
• Stated that "unexpected consequences" would be not to have such a TUP ordinance.
• Pointed out that Council didn't want this process to be stopping activities but rather want
the ordinance to actually be more permissive.
Commissioner Buchbinder said he appreciates opportunities for more events to happen.
He asked the duration for a TUP.
Planner Daniel Fama:
• Replied that would be left to the discretion of the Community Development Director.
• Pointed out that currently pumpkin lots operate during the month of October.
• Added that Christmas tree lots open as early as November 1st through December 25th .
Director Paul Kermoyan added that this TUP is a tool that will allow for temporary activities
for a short period be it a day or weekend or more.
Planner Daniel Fama added that if the Director feels a request falls beyond the intention for
a TUP, that applicant could be required to process a regular Conditional Use Permit.
Commissioner Buchbinder asked staff for any examples of events that the City has had to
turn down.
Planner Daniel Fama replied that it is actually a matter of fairness. People who ask are
denied. Those that don't ask just do it.
Director Paul Kermoyan reminded of the Flights party that they wanted to have at the back
lot of their site.
Planner Daniel Fama:
• Said that was a special party they wanted to hold in the alley behind their restaurant.
• Advised that there was no mechanism to allow that event.
• Stated that it was put into a single-day ABC liquor license and was allowed to occur.
• Pointed out that if this proposed TUP ordinance had been in place, that situation would
have been very easy to deal with.
Chair Krey opened the Public Hearing for Agenda Item No. 3.
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Chair Krey closed the Public Hearing for Agenda Item No. 3.
Commissioner Zisser asked about block parties.
Planner Daniel Fama said there is a process for block parties separate from this TUP.
Block parties are done on public streets.
Commissioner Rivlin asked what if the street was a private one.
Planner Daniel Fama said that would be considered to be a reasonable use of private
property.
Chair Krey said this TUP makes a lot of sense and provides the City with some discretion.
It uses common sense.
Commissioner Ching said this is a well-thought-out Zoning Text Amendment. It will help
stimulate more community activity.
Commissioner Rivlin agreed. He said he hopes there may be a way to expedite the process.
He thanked staff for their hard work.
Motion: Upon motion of Commissioner Rivlin, seconded by Commissioner
Zisser, the Planning Commission adopted Resolution No. 4586
recommending that the City Council approve a Zoning Code
Amendment (PLN2018-163) to adopt a new Chapter 21.45 and
amending other sections of the Campbell Municipal Code pertaining
to the permitting and regulation of temporary uses on private property,
by the following roll call vote:
AYES: Buchbinder, Ching, Colvill, Krey, Rivlin and Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Krey advised that this item would be considered for final action by the City Council at
its meeting on January 19, 2021.
***
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Ordinance No. _____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO
ADOPTING NEW CHAPTER 21.45 (TEMPORARY USES) AND AMENDING VARIOUS
OTHER SECTIONS OF THE CAMPBELL MUNICIPAL CODE PERTAINING TO THE
PERMITTING AND REGULATION OF TEMPORARY USES ON PRIVATE PROPERTY.
FILE NO. PLN2018-163
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does ordain as follows:
SECTION 1. The City Council finds and determines that the adoption of this ordinance is
exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section
15061(b)(3) in that the minor temporary uses of land this ordinance is intended to allow for
are exempt from environmental review under section 15304(e) such that the ordinance has
no potential to cause a significant effect on the environment.
SECTION 2. The City Council further finds and determines that the proposed ordinance is
consistent with the goals, policies, and actions of the General Plan; would not be
detrimental to the public interest, health, safety, convenience, or general welfare of the city;
and is internally consistent with other applicable provisions of the Campbell Municipal Code.
SECTION 3. Adopting of Temporary Uses Chapter: New Chapter 21.45 (Temporary Uses)
is hereby added to Article 3 (Development and Operational Standards) of Title 21 (Zoning
Code) of the Campbell Municipal Code to read as follows:
CHAPTER 21.45 (TEMPORARY USES)
21.45.010 – Purpose of Chapter.
This Chapter establishes allowance for short- and intermediate-term land use
activities, commonly known as temporary uses. Those temporary uses that the City Council
has determined would not adversely affect the public health, safety and welfare are
permitted by right without specific City approval. All other temporary uses shall require
approval of a temporary use permit in compliance with this Chapter to ensure the activity will
not interfere with the primary uses authorized for a particular property. It is not the intent of
this Chapter to restrict the reasonable and customary use of private property in a manner
that does not interfere with the reasonable use and enjoyment of other properties.
21.45.020 – Definitions.
The meaning of the terms used in this Chapter shall be as defined by Chapter 21.72
(Definitions). Where a term is not defined, the most common dictionary definition shall be
presumed to be correct as determined by the community development director.
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21.45.0320 – Exemptions.
This Chapter shall not apply to the following:
1. Special events approved by the City Council pursuant to Chapter 5.50,
(Special Events Permit);
2. Property located within an overlay combining zoning district subject to a
master use permit authorized by Section 21.14.030.C (Master use permit);
3. Private events not open to the general public occurring entirely within the
interior of a commercial establishment, conducted in compliance with an
existing City land use permit;
4. Fundraising and commercial activities conducted by minor children (e.g.,
cookie sales, lemonade stands, etc.);
5. Non-Commercial speech activity protected by the United States or California
constitutions (e.g., the distribution of political or religious materials,
initiative/petition signings, voter registration drives, etc.); and.
6. Entertainment performances conducted on private property (e.g., busking,
"First Friday" musical performances, etc.), provided that such performances do
not constitute a public nuisance as defined by Section 6.10.020 (Nuisance
conditions).
21.45.0430 – Temporary uses allowed without a permit.
A. Allowed uses. The following temporary uses are permitted by right without the need
to obtain a temporary use permit and without cost, when located on a non-
residentially zoned private property, in compliance with Article 2, (Zoning Districts),
subject to the specified general standards.
1. Activity occurring on private property in association with a special event permit
approved pursuant to Chapter 5.50, (Special Events Permit);
2. Beer and wine festivals/walks occurring within the C-3 Zoning District, held by
a chamber of commerce or incorporated business association, and subject to
issuance of a Daily (Special One-day Event Permit) from the California
Department of Alcoholic Beverage Control;
3. Blood drives;
4. Grand opening and ribbon cutting events sponsored by a chamber of
commerce;
5. Halloween pumpkin sales lots occurring from September 1st to October 31st;
6. Holiday tree sales lots occurring from November 1st to December 25th;
7. Parking lot/sidewalk sales conducted by an on-site retail business, provided
that no more than five (5) parking stalls are utilized for a period of no more
than six (6) hours;
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8. Placement of on-site construction trailers on a property subject to an active
building permit;
9. Placement of up to two (2) cargo containers on a property subject to an active
building permit;
10. Sales offices located on a property subject to an active building permit; and
11. Social and/or fundraising events conducted on the property of a public
assembly use (as defined by section 21.72.020.p) for a period not exceeding
(6) six hours, provided that such events do not occur more than 12 times per
year.
B. General standards. Temporary uses shall be conducted in compliance with the
following general standards:
1. Advanced notice. An individual or organization intending to conduct a
temporary use as allowed by this section shall provide advanced written notice
to the community development director forty-eight (48) hours prior to
commencing the temporary use.
2. Hours of operation. All activity, including preparation and clean-up, shall occur
between the hours of 6:00 a.m. to 11:00 pm.
3. Fire Lanes. Required emergency vehicle access lanes shall not be blocked.
4. Parking lots. Activity within a parking lot shall not interfere withmaintain
adequate vehicular or pedestrian circulation.
5. Accessibility. Activities shall be made accessible to individuals with disabilities
to the extent required by State and Federal law.
6. Health and Sanitation. Appropriate health and sanitation facilities shall be
provided in accordance with the standards of the Santa Clara County
Department of Environmental Health.
7. Fire Safety. Appropriate permits shall be obtained from the Santa Clara
County Fire District for use of tents and/or open flames.
8. Noise. Regardless of decibel level, and taking into consideration the
surrounding noise environment, no noise shall obstruct the free use of
neighboring properties and/or adjacent businesses so as to unreasonably
interfere with the comfortable enjoyment of neighboring residents or
employees.
9. Permits. Building permits shall be required as specified by the California
Building Code.
C. Termination. If necessary to protect against an immediate threat to the public peace,
health, or safety, the city manager and authorized designees, including the
community development director, chief of police, and fire chief, may order the
immediate termination of the temporary use under the authority granted by Campbell
Municipal Code Section 6.10.150 (Procedure in Case of Emergency).
21.45.0540 – Temporary uses allowed by permit.
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A. Temporary use permit required. The following temporary uses may be allowed
subject to approval of a temporary use permit when located on a non-residentially
zoned property, in compliance with Article 2, (Zoning Districts).
1. Any activity requiring issuance of a Daily (Special One-day Event Permit) from
the California Department of Alcoholic Beverage Control, except those
specified by Section 21.45.0320.
2. Art, craft, car, and/or antique shows;
3. Beer and wine festivals/walks (except those occurring within the C-3 Zoning
District);
4. Fairs and carnivals;
5. Food truck events;
6. Late night holiday business hours;
7. Night markets;
8. Off-site construction staging yards;
9. Outdoor music shows;
10. Placement of three (3) or more cargo containers placed on a property not
subject to an active building permit;
11. Short-term valet parking programs;
12. Use of a vacant property subject to an active or approved development
application for an interim activity pending completion of the project; and
13. Other uses determined by the community development director to be of the
same general character as the above uses, in compliance with Section
21.02.020.F (Allowable uses of land).
B. Application filing. An application for a temporary use permit, including the required
materials and application fee, shall be filed with the community development
department in compliance with Chapter 21.38, (Application Filing, Processing and
Fees), at least ninety (90) days prior to the date of the proposed temporary use.
C. Approval authority. The community development director shall review applications for
a temporary use permit, impose conditions of approval, and establish time limits, in
compliance with the administrative decision process as prescribed in Chapter 21.71,
(Administrative Decision Process).
D. Findings. An application for a temporary use permit may only be approved if the
community development director finds that:
1. The temporary use is allowable by this Chapter and within the applicable
zoning district, upon approval a temporary use permit;
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2. The temporary use would not conflict with restrictions of an existing
Conditional Use Permit or similar entitlement applicable to the subject
property;
3. The temporary use is consistent with the Campbell General Plan and the
purpose of this Chapter;
4. The temporary use is compatible with existing land uses on the subject
property;
5. The subject property is adequately served by streets of sufficient capacity to
carry the kind and quantity of traffic the temporary use would be expected to
generate;
6. The subject property has adequate parking to reasonably accommodate the
demand the temporary use would be expected to generate.
7. The conditions and time limits imposed by the community development
director are sufficient to ensure that the temporary use will not, under the
circumstances of the particular application, be detrimental to the health, safety
or general welfare of persons residing or working near the subject property.
E. Duration. Temporary uses authorized by this Chapter shall not be approved to occur
for a period exceeding ninety (90) days within any calendar year, except for the
placement of construction trailers, cargo storage containers, and sales offices on
properties subject to an active building permit, which may remain until the completion
of construction activity.
E.F. Reoccurrence. If requested by the applicant and approved by the community
development director, approval of a temporary use permit may incorporate an
allowance for the approved temporary use to reoccur at a specified interval within a
single calendar year (e.g., every Friday, 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.
G. Fees. The City Council, by resolution, may adopt a reduced application filing fee for
proposed temporary uses sponsored by a non-profit organization. Other
organizations may request use of the reduced application filing fee if the city manager
determines that the proposed temporary use would benefit the public good. The city
manager may refer such requests to the City Council for consideration.
F.H. Appeals. A decision of the community development director may be appealed
within ten calendar days of the date of the notice of decision, in compliance with
Chapter 21.62, (Appeals).
21.45.0650 – 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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21.45.0760 – Recourse.
Where a disagreement with the community development director's application or
understanding of this Chapter occurs, the procedures for an Interpretation provided in
Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be
followed, including the provisions for an appeal.
SECTION 4. Relationship to Special Event Permits: New Section 5.50.135 (Temporary Use
Permits) is hereby added to Chapter 5.50 – Special Event Permit to read as follows:
5.50.135 – Temporary Uses
Approval of a special event permit may also include related activity occurring on
private property pursuant to Chapter 21.54, (Temporary Use Permits).
SECTION 5. P-O Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.030.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:
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);
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7. Hardware stores (under ten thousand square feet);
8. Laundromats, self-service;
9. Libraries, public;
10. Light rail passenger terminals;
11. Meat markets;
12. Offices, professional;
13. Outdoor seating, when twelve total seats or less;
14. Parking lots/structures, public;
15. Personal services, general;
16. Pharmacies/drug stores;
17. Photocopying;
18. Photography studio/supply shop;
19. Repair and maintenance, consumer products;
20. Restaurants or cafes (excluding fast food or drive-ins);
21. Retail stores, general merchandise;
22. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
23. Schools K—12, public;
24. Shopping centers (under ten thousand square feet);
25. Temporary uses, subject to Chapter 21.45;
25.26. Travel agencies;
26.27. Universities/colleges, public;
27.28. Vending machines;
28.29. Wireless telecommunications facilities - stealth (requires approval of a site and
architectural review permit).
SECTION 7. C-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.050.B (Permitted uses in C-2 (General Commercial) zoning district) is amended to
read as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
B. Permitted uses in C-2 (General Commercial) Zoning District. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning
Clearances):
1. Ambulance service;
2. Artisan products, small-scale assembly;
3. Automated teller machines (ATM's);
4. Banks and financial services;
5. Blueprinting shops;
6. Catering business, only when ancillary to a restaurant;
7. Collection containers, large and small, subject to obtaining a permit pursuant to
section 21.36.245;
8. Dry cleaning;
9. Furniture, furnishings, and equipment stores (greater than ten thousand square
feet);
10. Furniture, furnishings, and equipment stores (under ten thousand square feet);
11. Garden centers/plant nurseries;
12. Grocery stores (under ten thousand square feet);
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13. Handicraft industries, small scale assembly;
14. Hardware stores (under ten thousand square feet);
15. Hotels;
16. Laundromats, self-service;
17. Libraries, public;
18. Light rail passenger terminals;
19. Medical services, laboratories;
20. Motels;
21. Offices, professional;
22. Outdoor seating, when twelve total seats or less;
23. Parking lots/structures, public;
24. Personal services, general;
25. Pharmacies/drug stores;
26. Photocopying;
27. Photography studio/supply shop;
28. Repair and maintenance, consumer products;
29. Restaurants or cafes (excluding fast food or drive-ins);
30. Retail stores, general merchandise;
31. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
32. Schools K—12, public;
33. Shopping centers (under ten thousand square feet);
34. Temporary uses, subject to Chapter 21.45;
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 Allowable Uses: Campbell Municipal Code Section
21.10.060.B, Table 2-11 (Land Use Table – C-3 Zoning District) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Apartments1 P P
Automated teller machines P X
Banks and financial services C P
Banquet facilities X C
Bed and breakfast inn2 C C
Cat and dog day care facilities P C
Cat and dog grooming facilities P C
Dancing and/or live entertainment establishments3 C C
Hotels C C
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Table 2-11
Land Use Table – C-3 Zoning District
LAND USES GROUND
FLOOR
UPPER
FLOORS
Incompatible activities4 X X
Late night activities C C
Liquor establishments5 C6 C
Liquor stores7 C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities8 P P
Temporary uses, subject to Chapter 21.45 P P
Wireless Communication Facilities
May be allowed in compliance
with Campbell Municipal Code
Chapter 21.34 (Wireless
Communications Facilities)
SECTION 9. Master Plan Area Allowable Uses: Campbell Municipal Code Section
21.10.060.C, Table 2-11a (Land Use Table – Master Plan Areas) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 2-11a
Land Use Table – Master Plan Areas
LAND USES
Apartments A
Arcades A
Banks and financial services A
Convenience markets/stores A
Dancing and/or live entertainment establishments A
Government offices and facilities A
Grocery stores A
Incompatible activities1 X
Late night activities2 A
Liquor establishments A + C3
Liquor stores A + C4
Medical services, clinics A
Nightclubs A + C5
Offices, professional A
Outdoor merchandise display A
Outdoor seating A
Parking lots/structures, public A
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Table 2-11a
Land Use Table – Master Plan Areas
LAND USES
Personal services A
Public assembly uses A
Restaurants or cafes A
Restaurants, fast food A
Restaurants, standard A
Retail stores, general merchandise A
Secondhand/thrift stores A
Spa Services/Health Spa A
Studios, small and large A
Temporary uses, subject to Chapter 21.45 A
Theaters, movie or performing arts, and concert halls A
Tutoring centers (small and large) A
Wireless Communication Facilities
May be allowed in compliance
with Campbell Municipal Code
Chapter 21.34 (Wireless
Communications Facilities)
SECTION 10. C-M Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.070.B (Permitted uses in C-M (Controlled Manufacturing) zoning district) is amended
to read as follows with underlining indicating new text and strikeouts (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;
13. Machinery manufacturing;
14. Metal products fabrication;
15. Offices, professional;
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16. Paper products manufacturing;
17. Pharmaceutical manufacturing;
18. Plastics and rubber products;
19. Printing and publishing;
20. Research and development;
21. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
22. Sign manufacturing;
23. Temporary uses, subject to Chapter 21.45;
23.24. Textile products manufacturing;
24.25. Warehousing, wholesaling and distribution facility, incidental (less than fifty
percent of floor area);
25.26. Wireless telecommunications facilities - stealth (requires approval of a site and
architectural review permit).
SECTION 11. M-1 Zoning District Permitted Uses: Campbell Municipal Code Section
21.10.080.B (Permitted uses in M-1 (Light Industrial) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (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.
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.
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24. Printing and publishing.
25. Repair and maintenance, consumer products.
26. Research and development.
27. Rug and upholstery cleaning.
28. Satellite television or personal internet broadband dishes/antenna (less than 3
feet in diameter).
29. Sign manufacturing.
30. Sign shops.
31. Temporary uses, subject to Chapter 21.45.
31.32. Textile products manufacturing.
32.33. Trucking/freight terminals.
33.34. Warehousing, wholesaling and distribution facility, incidental.
34.35. Warehousing, wholesaling and distribution facility, primary.
35.36. Wireless telecommunications facilities—stealth (requires approval of a site and
architectural review Permit).
36.37. Sexually oriented business in compliance with Chapter 5.55 and section
21.36.205 of this Code
SECTION 12. P-D Zoning District Permit Requirement: Campbell Municipal Code Section
21.12.030.H (Permit Required) is amended to read as follows with underlining indicating
new text and strikeouts (strikeout) indicating deleted text:
H. Permit required. Unless otherwise specified in this chapter or approved in compliance
with Chapter 21.45, (Temporary Use Permit) no use or structure shall be constructed,
created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning
district unless and until a planned development permit or an administrative planned
development permit has been approved. An administrative planned development permit
shall be processed through the administrative decision process as prescribed in Chapter
21.71, (Administrative Decision Process). An application for an administrative planned
development permit shall be filed with the community development department in
compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application
shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and
elevations and any other data/materials identified in the community development
department application for an administrative planned development permit. All applications
shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is
the responsibility of the applicant to establish the findings required by this section. The
decision by the community development director may be appealed as prescribed in Chapter
21.62, (Appeals).
SECTION 13. P-F Zoning District Permitted Uses: Campbell Municipal Code Section
21.12.040.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
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(Public Facilities) Zoning District. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Structures and facilities owned, leased, or operated (whether in a governmental
or proprietary capacity) by the city, the county, the state, the federal government,
any public school district, or any other public district within the city.
2. Temporary uses, subject to Chapter 21.45.
SECTION 14: Definitions of Beer and Wine Festival: The definition for "beer and wine
festival" provided in Campbell Municipal Code Section 21.72.020.B is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
“Beer and wine festivals/walks" means a fair, exhibition, ceremony, art show,
program, celebration, or other public assemblage of people for the conduct of a festivity
involving the sale and consumption of beer or wine. Beer and wine festivals shall comply
with the provisions of Chapter 21.45 (Temporary Uses) Section 21.36.030.
SECTION 15. Deletion of Beer and Wine Festivals provisions: Campbell Municipal Code
Section 21.36.30 (Beer and wine festivals) is hereby deleted in its entirety from the
Campbell Municipal Code.
SECTION 16. Decision-Making Table: Table 4-1 (Decision-Making Table) of Section
21.38.020 (Authority for land use and zoning decisions) is amended to read as follows with
underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Table 4-1
Decision-Making Body
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
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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
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 17. Appeals from administrative decisions: Campbell Municipal Code Section
21.62.020.B (Appeal of community development director's decisions) is amended to read as
follows with underlining indicating new text and strikeouts (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
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9.10. Architectural Modification (in compliance with Section 21.14.030.C.4
(Administrative authority).
SECTION 18. Administrative Approval Authority: Campbell Municipal Code Section
21.72.020 (Approval authority and process) is amended to read as follows with underlining
indicating new text and strikeouts (strikeout) indicating deleted text:
A. Approval authority. The community development director is the approval authority for
the following discretionary permits processed through the administrative decision
process:
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions;
4. Temporary use permits;
4.5. Tree Removal Permits;
5.6. Conditional Use Authorization (in compliance with Section 21.14.030.C.4
(Administrative authority); and
6.7. Architectural Modification (in compliance with Section 21.14.030.C.4
(Administrative authority).
SECTION 19: Definitions of Temporary Use: The following definition is added to subsection
T of Campbell Municipal Code section 21.72.020 between the definitions of "Target
population" and "Tennis courts, private" to read as follows, with underlining indicating new
text:
"Temporary use" means a land use activity described in Chapter 21.45, whether
profit or non-profit, conducted solely on private property for a limited period of time.
SECTION 20: Exemption from Live Entertainment Permit Requirements: Campbell
Municipal Code Section 5.24.010(c) is amended to read as follows with underlining
indicating new text and strikeouts (strikeout) indicating deleted text:
(c) The following uses are specifically exempted from this section:
(1) Shows and entertainments, theatrical, musical and vocal presentations, and other
live performances conducted by schools, colleges, churches, lodges and private
clubs themselves on their own premises, and those conducted and sponsored by
civic groups in supervised municipal parks;
(2) Live entertainment conducted in a pedestrian-oriented activity in the C-3 (Central
Business District) zoning district, provided that such entertainment satisfies the
requirements stated in Section 21.10.060.F (Standards for live entertainment in the
C-3 zoning district).
(3) Live entertainment conducted in conjunction with an approved temporary use permit
in compliance with Chapter 21.45 (Temporary use permits).
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SECTION 21: Exemption from Permit Procedures: Campbell Municipal Code Section
5.08.010 (Activities designated – Fees) is amended to read as follows with underlining
indicating new text and strikeouts (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
(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
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(12)(7) Used motor vehicle dealer—Same as Commercial per Municipal Code Section
5.04.010
(13)(8) Billiard and/or pool room, per year\224.00
(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 22. Deletion of Special Requirements for Circuses and Carnivals: Campbell
Municipal Code Chapter 5.16 (Circuses and Carnivals) is hereby deleted in its entirety from
the Campbell Municipal Code.
SECTION 23. Deletion of Special Provisions for Cargo Storage Containers: Campbell
Municipal Code Chapter 21.36.050 (Cargo storage containers) is hereby deleted in its
entirety from the Campbell Municipal Code.
PASSED AND ADOPTED this _____ day of ____________, 2021 by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Elizabeth Gibbons, Mayor
ATTEST:
_______________________________
Andrea Sanders, Acting City Clerk
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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.
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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.
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