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CC Ordinance 1617F ORDINANCE NO. 1617 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL RESCINDING TITLE 21 (ZONING), WITH THE EXCEPTION OF SECTIONS 21.26 (C-3-S DISTRICT) AND 21.34 (M-2-S DISTRICT); AND ADOPTING THE REVISED TITLE 21 AS INDICATED IN THE ATTACHED EXHIBITS (TA 86-01) The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Title 21 of the Campbell Municipal Code is hereby rescinded, with the exception of Section 21.26 (C-3-S District) and Section 21.34 (M-2-S District). SECTION TWO: That a revised Title 21 (Zoning) of the Campbell Municipal Code is hereby adopted as indicated in the attached Exhibits. SECTION THREE: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 29th day of October 1986 by the following roll call vote: AYES: Councilmembers: Ashworth, Doetsch, Watson, Podgorsek, Kotowski NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: -4 Q Michae Koto s i, Mayor ATTEST: Barbara Olsasky, City Cle NOTE: ORD.#1617 APPROVES AIIEND11ENTS AS INDICATED IN EXHIBITS A, B AND C. EXHIBIT C CONTAINS THE FULL ZONING ORDINANCE AND IS ON FILE IN THE CITY CLERK'S OFFICE. EXHIBIT A Most significant proposed changes 1. The following districts are proposed to be removed from the code as they are no longer applicable: A. R-4 Multiple Family Residential B. C-3 Central Business District C. CH Highway Commercial District D. M-2 Heavy Industrial District E. Outdoor Business District F. A Exclusive Agricultural District G. B Special Zoning Area There are currently several properties zoned C-3 and M-2. The C-3 properties would have to be rezoned to C-2, and the M-2 properties to M-1. 2. In Chapter 21.06 - Planned Development District add the following sentence to Section 21.06.010 Purpose: "It is not the intent of the PD district to allow more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan." This should make it clear that the PD district is not intended as a means to increase density on property. 3. In Chapter 21.08 - R-1 - Single Family District, the following major changes are proposed to the accessory building regulations: 21.08.020(D) Accessory Buildings: (5) Add requirement that "Not more than one accessory structure shall exceed 200 sq. ft. in area. No accessory structure shall exceed a maximum size of 1,000 sq. ft." (6) Add "For the purpose of the ordinance, an accessory building and private garage will be considered detached if they do not share a common interior wall with the main building." The purpose of the first change is to limit the number and size of accessory buildings in the City. Staff is aware of some properties where the accessory buildings are almost as large as the main dwelling and other properties which have two or more large accessory buildings on the property. This creates a cluttered residential yard and encourages illegal conversions to living units. The second proposed change would prevent attachment of an accessory building to the main structure by a breezeway or fence solely for the purpose of exceeding the maximum 14 foot height requirements of an accessory building. 4. In Chapter 21.16 - R-3 `lultiple Family District eliminate the following allowed uses: A. Hotel. L. Boarding or lodging house. C. Private club. Staff believes that the R-3 District is not the appropriate zone for these uses. 5. In Chapter 21.20 - P-0 Professional Office District revise Section 21.20.060 to increase the maximum building coverage from 25% to 40%. The requirement is too restrictive and the 40% requirements would be consistent with the maximum coverage of the residential zoning districts. 6. In Chapter 21.24 - C-2 General Co=— ercial District the following uses shall require use permits: A. Animal hospital or pet clinic. B. Outdoor business activities. C. Radio stations. D. Record store. The use permit requirement will give the Commission more control over these uses. 7. In Chapter 21.32 - M-1 Light Industrial District allow commercial recreational facilities with a use permit. These facilities could include indoor batting cages, racquetball courts, etc., that may be appropriate in some industrial zoning locations. S. In Chapter 21.42 - S - Site and Architectural Review Area, Section 21.42.070 is proposed to require that a noticed public hearing be held for site and architectural review application, whereas previously one was not required. It is Staff's opinion that because of the density of the City and the impact a new building can have on adajcent properties that surrounding property owners should be notified. This will allow them to offer their input and facilitate greater public participation. There have been numerous complaints in the past from nearby owners who were unaware of proposed projects. The noticing procedure would not delay applications but would add some additional cost for the mailing and newspaper publication. 9. In Chapter 21.50 Parking require designated guest parking for apartments, condominiums and townhomes. In addition to other parking required for these uses, designated guest parking would be required at a ratio of one space for each 5 units or fraction thereof. Under Section 21.50.020 add requirements for signing of handicapped parking spaces and indicating that unauthorized vehicles will be towed. F 10. Chaoter 21.57 - Landscaping and Landscaping Maintenance Requirements. Previously the Code contained Chapter 21.51 Landscaping, Improvement and Maintenance of Commercially Zoned Parking Lots. This Chapter set out no landscaping standards for other zoning districts. the new Chapter has been completely re -written to set out minimum landscaping standards for most zoning district. It should be emphasized that the standards are the minimum requirements and a provision is included allowing the Planning CommAssion to require more landscaping. The Chapter also includes a section requiring that landscape areas be continuously maintained. Also a requirement was added encouraging the use of native and drought tolerant plants. 11. Section 21.59.090(C) would give the Planning Director authority to approve fences in excess of 6 feet under certain circumstances. The reason for this change is that there are many requests for.increased fence heights and the CouLnission should not have to spend its time on these minor applications. 12. Revise Section 21.75.050. Under the current code, a 4/5 vote of the Council is required to overrule a recommendation of the Planning Co-.rnission for denial of a zoning amendment. Staff can find no requirement in state law for this requirement, consequently, it is recommended that a simple majority of the Council be used as with other applications. E)UIIBIT B DESCRIPTIONS OF PROPOSED CHANCES CRAFTER 21.01 ZONING PLAN Put Section 21.01.010 Purpose first to be consistent with all other Chapters. CRAFTER 21.01 DEFINITIONS 1. Eliminate list of definitions prior to actual definitions. 2. Eliminate "Airport" definition. 3. Eliminate "Auto Court" definition. A. Revise 21.02.080 -Building" definition. 5. Add "Building Coverage" definition. 6. Revise "Building Beight" definition. 7. Add "Building Wall Beight" definition- S. Eliminate -Building, wain" and -Building unit groups" definitions. � 9. Eliminate -Camp. trailer" and "Cemetery" definitions. 10. Eliminate "Court apartment". 11. Revise "Day Care Rome". 12. Eliminate "Dwelling Croup". 13. Revise "Dwelling# single family" and - Dwelling Unit". 14. Add "Floor area. gross". 15. Add 'Lot area, net" and "Lot area. gross". 16. Revise "Lot. corner". 17. Eliminate "Lot lines". 18. Revise "Non -conforming building" and "Non -conforming use". 19. Add "Owner". 20. Refer to Sign Ordinance for "Sign" definitions. 21. Eliminate "Stable, private" and "Stable. public". 22. Add "Structural Alteration". 23. Add "Warehouse". -2- CAAPTER 21.04 LSTAELISR�TTNT OF DISTRICTS 2. Add Section 21.04.010 Purpose. 2. llininate the following Districts: A. R-4 Multiple Family Residential . C-3 Central Co =ercial Business D C. District , CH Sig D. M2 Heavy Industrial District E. Outdoor Business District F. A Exclusive Agricultural District G. B Special Zoning Area 3. Add the following: A. C-PD Condominium -Planned Development B. MI -A Adult tntertainment/Light Industrial C. P-F Public Facilities D. O-S Open Space special Zoning Area Z. a aistoric Preservation 4. Eliminate Section 21 04 040 Combining Regulations. s. under Section 21.04.020 reference the Chapter number pertaining to the district indicatr_a . CRAFTER 21.06 TD - PLANT= DEVELOPMENT DISTRICT r Most of this Chapter has been se -+mitten so as to make the Planned Development process clearer and sore enforceable. The basic intent of the PD District is ancbanged. CRAFTER 21.07 C-PD CON-PLANt.'ED DEVELOP?-rN*T DISTRICT This Chapter remains unchanged. CRAFTER 21.08 R-1 SINCLL FA?SILT DISTRICT The major changes proposed for this Chapter are as follows: 1. 21.08.020(D) Accessory buildings: A. (S) Add requirement that "Not sore than one accessory structure shall exceed 200 sq.ft. in area. No accessory structure shall exceed a maxisum size of 1,000 Sq.ft." B. (6) Add "For the purposes of the ordinance, an accessory builthey diognotdshareaaeco=onewill be interior walliwithdthedetached if main they building." 2. Add Section 21.08.040 Uses Prohibited. in 3. definitioniwill obeoused iintall other ton 21.08.090. 0siRevise milar -3- b. Add Section 21.08.130 Expiration, Extension, Reinstatement. 5. Revise first paragraph Section 21.08.020 to outline scanner in which the Planning Director approves uses in R-1 zone. CHAPTER 21.10 RD TWO FAMILY DISTRICT The major changes proposed for this Chapter are as follows: 1. Adding Section 21.10.030 Uses Permitted With Use Permit and requiring use permits for churches and transitional uses, whereas previously these uses were allowed without use permits. 2. Add Section 21.10.040 Uses Prohibited. 3. Revise first paragraph Section 21.10.020 to outline manner in which - the Planning Director approves uses in the LD zone. A. Add Section 21.10.130 Ex iration Extension Reinstatement. CRAFTER 21.12 RM MULTIPLE F&%MT RESIDENTIAL 1. Add Section 21.12.030 v ereacses eTreviousitted �yttheyeweremallovedguire a vithoutuae permit for churches , p use permit. 2. Add Section 21.12.040 Uses Prohibited. 3. Add Section 21 12.120 Landscaping and Landscaping Maintenance Requirements. CHAPTER 21.14 1-2 MULTIPLE FAMILY RESIDENTIAL The sane changes are proposed to this Chapter as to Chapter 21.12 - Multiple Family Residential. CRAFTER 21.16 R-3 MULTIPLE FAKILT DISTRICT The following major changes are proposed to this Chapter: 1. Eliminate the following uses from being allowed in the R-3 District: A. Hotel. B. boarding or lodging house. C. Private club. 2. Add Section 21.16.030 Uses Permitted With Use Permit. Require use peralits for schools and hospitals, whereas previously they were allowed without a use permit. P -A- CHAPTER 21.18 R4 MULTIPLE FAMILY DISTRICT This entire Chapter is proposed to be removed from the Code because no area in the City is so toned. CHAPTER 21.20 P-0 PROFESSIONAL OFFICE DISTRICT The major changes proposed to this Chapter are as follows: 1. Add Section 21.20.030 Uses Permitted With Use Permit. Require medical and dental laboratories to have a use permit, whereas previously they were allowed without one. 2. Add Section 21.20.040 Uses Prohibited. 3. Revise Section 21 20.060 maximum Building Coverage to increase it from 251 of lot area to 4Ox of lot area. i. Add Section 21.20 110 Other Development Standards. This Section speaks to screening the use from residential areas and lighting. CRAFTER 21.22 C-1 REICHBORROOD C0KX RCIAL DISTRICT (—' The major changes proposed to this Chapter are as follows: 1. Add Section 21.22.040 Uses Prohibited. 2. Add Section 21 22 100 Other Development Standards. CRAFTER 21.24 C-2 CENTRAL COK%TRCIAL DISTRICT The major changes proposed to this Chapter are as follows: 1. The following uses shall require use permits: A. Animal hospital or pet clinic. s. outdoor business activities- C. Radio stations. D. Record store. 2. Add Section 21.24.040 Uses Prohibited. 3. Add Section 21.24.100 Other Development Standards. CHAPTER 21.26 C-3 CENTRAL BUSINES DISTRICT This Chapter is proposed to be removed from the Code. Currently only a few properties along Winchester near Campbell Ave. have this toning. Previously, the entire downtown was toned C-3; however, it was then -S- changed to PD (Planned Development) to give the City more control. Staff is of the opinion that the C-3 District is no longer needed, and that the properties which are toned C-3 be changed to C-2 (General Commercial). CHAPTER 21.28 CH AICRWAT COMa:RCIAL DISTRICT This Chapter is proposed to be removed from the Code. There are no properties presently toned CH. Staff is of the opinion that the C-2 (General Commercial District) accommodates those uses previously listed in the CU tone. CflAFTER 21.30 CM CO?MOLLED MANUFACMINC DISTRICT The major changes proposed for this Chapter are as follows: 1. Revise Section 21.30.020 Uses Permitted Without a Use Permit to consolidate the uses previously listed. 2. Add Section 21.30.030 Uses Permitted With Use Permit. r 3. Add Section 21.30.040 Uses Prohibited. 4. Add Section 21.30 120 Other Development Standards. This Section is used to consolidate the development standards that were previously listed as separate sections. CRAFTER 21.32 M-1 LICHT INDUSTRIAL DISTRICT The major changes proposed for this Chapter are as follows: 1. Allow commercial recreational facilities with a use permit. 2. Add Section 21.32.040 Uses Prohibited. 3. Add Section 21 32 110 Other Development Standards. CHAPTER 21.33 MI -A ADULT ENTERTAIN-?SENT/LIGHT INDUSTRIAL DISTRICT No major changes are proposed to this Chapter, only the format was changed to make it consistent with the other chapters. -6- CHAPTER 21.34 M2 HEAVY INDUSTRIAL DISTRICT This Chapter is proposed to be removed from the ode.on Currently there Cthe MI (Light cmly a few parcels zoned M2. It is Staffs op Industrial District) City. newohheeavyti dustrialindustrial areuses probablybecause not the density appropriate in the City. CRAFTER 21.35 P-F PUBLIC FACILITIES DISTRICT There are no sjor changes proposed to this Chapter -- only a. format change to sake it consistent with other chapters. CHAPTER 21.26 MTTDOOR BUSINESS DISTRICT are of This Chapter is proposed to be reso+ed from the Code. Some of its rporated into the C-2 requirementsanndhalso outcoorve been o(General business activities requireuse Commercial permits so as District) Lo give the City maximum control. CRAFTER -,1.38 A EXCLUSIVE ACRICULTURAL DISTRICT �. This Chapter is proposed to be removed from the Code. There are no properties with this zoning and Staff tioaeissnoecause Of the longer neededlack of farm the zoning land in Campbell g clascifica CRAFTER 21.40 OVERLAY DISTRICT Much of this Chapter was re -written to sake permit application chapters. A section on application was added and the approval and clearly written. s it consistent with other consideration in review of revocation processes more CSAPTER 21.1,1 HISTORIC PRESERVATION There are no major changes proposed to this Chapter. CRAFTER 21.42 S - SITE AND ARCRITECTIJR.AL REVIEW AREA The following major changes are proposed to this Chapter: ectural Review Permit under Section 21.42.010. i. Require Site and Azchit 2. Revise and simplify 21.42.040 ^Application". 3. Add Section 21 42 060 Action by Planning Director. -7- A. Add Section 21.42.070 Action bir Tlanain Col'ouesentfor a nesost noticed significant change proposed here wheis reas previously one was not public bearing for applications, the required. It is Staff a opinion that because aceniepaop�rtiesfthat City and the effect a building can have on ad) surrounding property owners should be noticed in order tLhThishwillsay be aware of the proposed project and offer their inp• help facilitate greater public participations There have been were aur+esofopzoposed pro)ectspast from nearby property unaware s, Add Section 21 42.110 Modification of Approval. VU T R 21.44 I6 - SPECIAL ZONING AREA - This Chapter is proposed to be removed fro's pieittict) andThis the�epter only applied to the CK (Controlled Manufacturing gted regulations have been directly iacorpozatcd into the CM District. CRApTER 21.iS O-S OPEN SPACE SPECIAL ZONING AREA `` There love been so Yj or changes proposed to this Chapter. �s pTER 21.g6 CON FORxA.`�CE VITH USE TROOI5I0NS from the Code. Its contents have This Chapter is proposed to be res'oved been incorporated into other chapters. CRAP MR 21.0 OPEN SPACE ed This Chapter is proposed to C aeteri atSS iz` sidentbt tial•Setbacks nand tsOpen have bees ineorporated into T Space. CgAp?ER 21.50 PAP.ICII�G'LOAOINC Require designated guest parking for apartments, condominiums, and townhomes. In addition to Would beher rking requireduatea ratiofor hofe uses, designated guest parking one space for each five units or fraction thereof. �50. 030 the ��ay in IeUch handicapped parking spaces Add to' Section 21 must be designate . C0�`S.r R C I AI,Li CRAp'TiR 21.31 IJMSCATING Z02:ED pArVISG LOTS to Cha ter 21.57 Landscaping and Lendscapin� This Chapter was changed Maintenance Requirements. Il�ROpE"Lh? AVM MAIMK"h -E OF -e- CHAPZER 21.52 CONFORY NCE WITH AREA PROVISIONS be removed from the Code. no longer necessary as its the code. This Chapter is proposed to opinion that this Chapter is covered in other chapters of It is Staff's requirements are CglpTER 21.53 SICNS The only significant change to this Chapter is the addition to Section 21.53.030 Permit - Requiredting unlessahg thesignhasemit shall expire 6 been erected. months from the date of atproval. csAPTER 21.54 CONFORI4ANCE VITH REICHT PRDVISIONS This Chapter is proposed to be removed from the Code. Its requirements are covered in other chapters of the Code. CAAPI'ER 21.55 RESIDENTIAL. SITSAMS AND OPEN SPACE This Chapter was formerly Chapter 21.48 Open Space. The format has been changed to make it consistent with other chapters and to sake it more �readable, but the requirements reuain unchanged. CRAFTER 21.56 TICEPTIONS TO AREA PROVISIONS This Chapter is pTOptAeincorboratediiatodothtr chapters, while others were requirements have bep eliminated altogether. CgAVIM R •• cl LANDSCAPINC An LANDSCAPING KAINT'ENANCE 11QUIREhh?S Previously the Code contained Chapter 21.51 Landscaping. Improvement and Maintenance of Co,merciall Zoncd Pazicia Lots. This Chapter set cuL andscaping require ments oz cosmercial parking lots only, and contained to landscaping standards for other soning districts. The new Chapter has been completely re-vritten to set out mihas sedathatathegstandards z standardsarethe most zoning districts. It should be emp minimum requirements and a provision is included alloving the Planning Commission to require more landecaT�aThe Chapter also includes a 3 be continuously maintained. Also, a section requiring that landtcip ! requirement was added encouraging the use of native and c'rought tolerant plants. • CRAFTER 21.58 PROJECTIONS ALL(rwTD INTOARD TS This Chapter has been incorporated into Chapter 21.59 General Provicions and Exceptions. -9- CRAPTER 21.59 GENERAL PROVISIONS AND EXCEPTIONS This is a new Chapter which serves as a "catch all" combining many of the chapters that are recommended to be deleted from the Code. The major changes to the Code requirements are as follows: 1. Section 0inexcess of6feetundercertainsituations (esl6veneuthority to approve fences or wall 2. Section 2upeasured(fromspecifies highestthat Pointheight theofence adjacentgrade. would be CRAFTER 21.61 PROVISIONS APPLTINC TO SPECIAL USES This Chapter was previously Chapter 21.57. The chapters on garage conversions and fallout/bomb shelters have been eliminated from the Code and incorporated into this Chapter. CpAMR 21.64 IRON-CONFORKINC SUILDINC The major changes proposed to this Chapter are as follows: 1. Revise Section 21.64.050 to establish bow the cost of restoration will be determined. 2. Add Section 21.64.060 Ezce .Jetions which allows a building that is be added toinorsenlar enly larged approval of a Conditionalause It ails to meet setback rUseirementsPermit. to be added t t 3. Eliminate Section 21.60 050 One-year Vacant-. This Section is not applicable to this Chapter. CRAFTER 21.66 IRONCONFORKINC USES The only major change proposed is the addition of Section 21.66.010 Purpose. CHAPTER 21.66 ADDITIONAL LIVING UNITS There are no major changes proposed for this Chapter. CHAPTER 21.70 VARIANCES tent with The format of thin Chapter has btequireden changed to grantke It a variance clearly other chapters and the findings specified. The majority of the requirements are unchanged. c . -10- cE,kprER 21.64 CONDITIONAL USES This Chapter has been revritten to akeitclearer and easier to aare administer. The following major changes 1. Add Section 21.72.040 Site and Architectural lteviev which specifies' that development plans submitted with a use peralt miust receive Site and Architectural review. 2, Revise Section �dings0aeedeAction approve aPlanning per>,it=,iasion to specify the specs 3. Add Section 21.72.080 Ex- iration Lxtension� Reinstatement. 4. Add Section 21.72 090 modification of Approval. S. Add Section for•revocatioaRevocation- use peThis rait�ectian specifies the - pro cedur o elisiuste 6. Revisr consolidate7so>te0o Additional uses. andUses ePermitted t Section smW standards that and/o are so longer applicable. 7. regulations have ubeen c8sfResidence. incorporatedIntothespecific rtion zoning districts. re gal CRAFTER 21.74 AMZNDnNTS The major changes proposed for this Chapter are as follows: 1. Section 21.74.020 Initiation of Asendsent has been revised. 2. Add -Section 21.74.030 Application. 3. The folloving previous a etions have been slisinated and such of their content incorporated into other sections: A. 21.76.020 Zone Change and Text Amendment S. 1. 6.020 Additional Zones C. 21.76.040 Public Hearin D. _1 6.050 Findings and Recommmendations by Commission 4. Add Section 21.74.040 Action by Planning Coaission. S. Revise Section 21 74 050 Action by City Council as follows: A. Require that all recommendations by to City Council for public hearing. that a recommendation for denial by not have to be heard by the toCouncil has been the City's Policy have consequently it is recommended that the planning Commission go on Currently the Code states the !lamming Commission does unless appealed. govevers it the Council hear these items, it be made part of the Code. S. Eliminate requirement that a •ote of four members of the Council Is needed to overrule a recommendation for denial by the Planning Commission. 6. Add Sections 21.74.070 Lie,itations on New Applications and 21.74.090 Pre -zoning o Unincorporated Territory. 7. Revise Section 21.74.080 Interim Ordinance. CRAPTER 21.78 PUBLIC SEARING NOTICE PROCEDURE This is a new Chapter which specifies clearly the procedures for public hearing notices. CRAFTER 21.80 APPEALS This is a new Chapter which specifies clearly the procedures for appeal of decision made by the Planning Director and Planning Commission. CRAFTER 21.82 DISTRICT BOUNDARIES There are no major changes proposed to this Chapter. CRAPT$R 21.84 INTERPRETATION 1. Section 21.84.020 Interpretation of the Zoning ..:de was revised to specify that the Planning Director shall be espowered to interpret and administer the Zoning Code and that he nay refer any item to the Planning Commission for an interpretation. Also, an interpretation by the Planning Director may be appealed to the Planning Commission. CHAPTER 21.86 CERTIFICATE OF OCCUPANCY This Chapter was revised so as to clarify it. CHAPTER 21.88 ENFORCEMENT This Chapter was revised to clarify the procedures for enforceuent of the Zoning Code. f : ZONORDREVCOMi Title 21 ZONING Chapters: 21.01 Zoning Plan 21.02 Definitions 21.04 Establishment of Districts 21.06 PD--Planned Development District 21.07 C-PD Condominium --Planned Dev�pment District 21.08 Rl Single-family District 21.10 RD Two-family District 21.12 RM Multiple -Family Residential District 21.14 R2 Multiple -family Residential District 21.16 R3 Multiple -family District 21.20 PO Professional Office District 21.22 Cl Neighborhood Commercial District 21.24 C2 General Commercial District 21.26 C3 Central Business District 21.30 CM Controlled Manufacturing District 21.32 M1 Light Industrial District 21.33 Ml-A Adult Entertainment Light Industrial District 21.34 M2 Heavy Industrial District 21.35 P-F Public Facilities District 21.40 0 Overlay District 21.41 Historic Preservation 21.42 S Site and Architectural Review Area 21.45 O-S Open Space Special Zoning Area 21.50 Parking and Loading 21.53 Signs 21.55 Residential Setbacks and Open Space 21.57 Landscaping and Landscaping Maintenance Require- ments 21.59 General Provisions and Exceptions 21.61 Provisions Applying to Special Uses 21.64 Nonconforming Buildings 21.66 Nonconforming Uses 21.70 Variances 21.72 Conditional Uses 21.74 Amendments 21.78 Public Hearing Notice Procedures 21.80 Appeals 21.82 District Boundaries 21.84 Interpretation 21.86 Certificate of Occupancy 21.88 Enforcement 319 (Campbell 2/87) Chapter 21.02 DEFINITIONS Sections: 21.02.010 Purpose. 21.02.015 Accessory building. 21.02.020 Alley. 21.02.025 Alteration, structural. 21.02.030 Apartment hotel. 21.02.035 Apartment house. 21.02.040 Automobile service station. 21.02.045 Automobile and trailer sales area. 21.02.050 Automobile wrecking. 21.02.055 Basement. 21.02.060 Billiard or pool parlor. 21.02.065 Block. 21.02.070 Boardinghouse. 21.02.075 Breezeway. 21.02.080 Building. 21.02.085 Building coverage. 21.02.090 Building height. 21.02.093 Building wall height. 21.02.095 Business activity. 21.02.100 Business activity, indoor. 21.02.105 Business activity, outdoor. 21.02.110 Business, retail. 21.02.115 Business, wholesale. 21.02.120 City. 21.02.125 City council. 21.02.130 Court. 21.02.135 Curb grade. 21.02.140 Day care home. 21.02.145 District. 21.02.150 Dwelling. 21.02.155 Dwelling, multiple -family. 21.02.160 Dwelling, single-family. 21.02.165 Dwelling, two-family. 21.02.170 Dwelling unit. 21.02.175 Educational institution. 21.02.180 Family. 21.02.185 Floor area, gross. 21.02.190 Frontage. 21.02.195 Garage, private. 21.02.200 Garage, public. 21.02.205 Home, group. 21.02.210 Home, large family. 21.02.215 Home occupation. 21.02.220 Home, small family. 321 (Campbell 2/87) 21.02.015--21.02.050 21.02.015 Accessory building. "Accessory building" means a detached, subordinate building whose use is clearly incidental to that of the main building or to the use of the land and which does not contain living or sleeping quarters or storage for commercial motor vehicles in excess of a three -quarter -ton size. (Ord. 1617 §1(part), 1986). 21.02.020 Alley. "Alley" means a passageway which affords a secondary means of access to abutting property and not intended for general traffic circulation. (Ord. 1617 §1 (part) , 1986) . 21.02.025 Alteration, structural. "Structural alter- ation" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls. (Ord. 1617 §1(part), 1986). 21.02.030 Apartment hotel. "Apartment hotel" means a building or portion thereof designated for or containing both individual guestrooms or suites of rooms and dwelling units. (Ord. 1617 §1(part), 1986). 21.02.035 Apartment house. "Apartment house" means the same as "dwelling, multiple -family", as defined in Section 21.02.155. (Ord. 1617 §1(part), 1986). 21.02.040 Automobile service station. "Automobile service station" means any premises used for the retail dispensing or sales of vehicular fuels; and may include as an accessory use the sale of and installation of lubricants, tires, batteries, similar accessories, and minor automobile repairs. (Ord. 1617 §1(part), 1986). 21.02.045 Automobile and trailer sales area. "Automobile and trailer sales area" means an open area, other than street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises. (Ord. 1617 Sl (part) , 1986) . 21.02.050 Automobile wrecking. "Automobile wrecking" means the dismantling or wrecking of motor vehicles or trailers; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. (Ord. 1617 §1(part), 1986). 323 (Campbell 2/87) 21.02.093--21.02.110 21.02.093 Building wall height. "Building wall height" (to be used for the purpose of determining setback require- ments) means the vertical distance measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof surface, if a flat roof; top of the deck line of a mansard roof; and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof. (Ord. 1617 §1(part), 1986). 21.02.095 Business activity. "Business activity" in- cludes, but is not limited to: (1) The use or storage of any fixed or movable equip- ment to be used for business purposes; (2) The use, storage, display, sale, delivery, offer- ing for sale, production or consumption in any business, or by any business invitee on the premises, of any goods, wares, merchandise, products, or food; (3) The performance in any business of any work or services for sale or trade. (Ord. 1617 Sl(part), 1986). 21.02.100 Business activity, indoor. "Indoor business activity" means a business activity conducted entirely within a building. (Ord. 1617 §1(part), 1986). 21.02.105 Business activity, outdoor. "Outdoor business activity" means a business activity conducted on or above the surface of the ground, but not entirely within a building as follows: Any use which, in whole or in part, consists of, in- volves, or includes any outdoor business activity, as de- fined in this section, if such outdoor business activity is designed or planned to attract or invite, or which in fact does attract or invite persons in motor vehicles: (1) To drive their vehicles within or upon the premises for the purpose of having services rendered or performed on or to such vehicles; or (2) For the purpose of having food or beverages served to them for consumption outdoors on the premises whether within a motor vehicle or not; or (3) For the purpose of selling any product; provided, however, that businesses or institutions providing professional or quasi -professional services shall not be included in the above definition when the drive -up service provided is clearly incidental to the use of the building and the gross floor area of the building is three thousand square feet or more. (Ord. 1617 §1(part), 1986). 21.02.110 Business, retail. "Retail business" means retail sale of any article, substance or commodity for profit or livelihood, conducted within a building but not 325 (Campbell 2/87) 21.02.155--21.02.190 21.02.155 Dwelling, multiple -family. "Multiple -family dwelling" means a building, or portion thereof, designed for occupancy by three or more families living independently of each other. (Ord. 1617 §1(part), 1986). 21.02.160 Dwelling, single-family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one family, and containing only one kitchen. (Ord. 1617 S1(part), 1986). 21.02.165 Dwelling, two-family. "Two-family dwelling" means a building designed exclusively for occupancy by two families living independently of each other. (Ord. 1617 51 (part) , 1986) . 21.02.170 Dwelling unit. "Dwelling unit" means one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided with the dwelling unit for the exclusive use of a single family maintaining a house- hold. A dwelling unit may not have more than one kitchen. (Ord. 1617 Sl(part), 1986). 21.02.175 Educational institution. "Educational in- stitution" means a college or university giving general academic instruction equivalent to the standards.prescribed by the State Board of Education. (Ord. 1617 §1(part), 1986). 21.02.180 Family. "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not re- lated by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (Ord. 1617 §1(part), 1986) . 21.02.185 Floor area, gross. "Gross floor area" means the total horizontal area in square feet on each floor of a building measured from the exterior walls but not including stairwals or elevator shaft enclosures. (Ord. 1617 51(part), 1986) . 21.02.190 Frontage. "Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of- way, and/or dead-end street, or city boundary, measured along the street line. An intercepting street shall deter- mine only the boundary of the frontage on the side of the street which it intercepts. (Ord. 1617 §1(part), 1986). 327 (Campbell 2/87) 21.02.240--21.02.285 21.02.240 Loading space. "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. (Ord. 1617 §1(part), 1986) . 21.02.245 Lodging house. "Lodging house" means a building or a portion thereof, other than a hotel, where lodging for five or more persons is provided for compensation, including rooming house. (Ord. 1617 §1(part), 1986). 21.02.250 Lot. "Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buidings together with such yards and/or open spaces and lot area as are required by this title, and having its principal frontage upon a street, or a place approved by the commission. "Lot" includes "plot". (Ord. 1617 §1 (part), 1986). 21.02.255 Lot area, net. "Net lot area" means the total area within the lot lines of a lot, excluding any street rights -of -way. (Ord. 1617 §1(part), 1986). 21.02.260 Lot area, gross. "Gross lot area" means the total area within the lot lines of a lot, plus that area between the centerline of adjacent public streets and the property lines. (Ord. 1617 §1(part), 1986). 21.02.265 Lot, corner. "Corner lot" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. (Ord. 1617 §1(part), 1986). 21.02.270 Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. (Ord. 1617 §1(part), 1986) . 21.02.275 Lot, interior. "Interior lot" means a lot other than a corner lot. (Ord. 1617 §1(part), 1986). 21.02.280 Lot, reverse corner. "Reverse corner lot" means a corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear. (Ord. 1617 §1(part), 1986). 21.02.285 Lot, through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets. (Ord. 1617 §1(part), 1986). 328-1 (Campbell 2/87) 21.02.320 garages, or other structures; they may be located on, above, or below the ground and external or internal to buildings, structures, or uses to which they are accessory. (Ord. 1617 51(part), 1986). 21.02.320 Parking space. "Parking space" means an area off the street or highway for the temporary storage of an automobile or other motor vehicle. Such space shall not include space needed for driveway, or.loading area. (Ord. 1617 §1(part), 1986). 328-2a (Campbell 2/87) 21.02.325--21.02.335 21.02.325 Planning commission and commission. "Plan- ning commission" and "commission" means the planning com- mission of the city of Campbell. (Ord. 1617 S1(part), 1986) . 21.02.330 Residential care facility. "Residential care facility" means an establishment where twenty -four- hour -a -day nonmedical care is provided to persons residing on the premises, but not others, in need of personal services, protection, supervision, assistance, guidance and training essential for sustaining the activities of daily living or for the protection of the individual. Such establishment must be a facility authorized, certified, or licensed for such nonmedical care pursuant to the provisions of the State Community Care Facilities Act or other applicable state law as the same may be amended; and no medical care shall be provided at such establishment except incidental medical service as may be permitted, without additional authorization, certification or licensing pursuant to state law, by such authorization, certification or licensing for such nonmedical care. (Ord. 1617 §1(part), 1986). 21.02.335 Restaurant. The term "restaurant" is assigned the following meanings: (1) "Drive-in restaurant" means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready -to -consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics: (A) Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a car- hop or by other means which eliminates the need for the customer to exit the motor vehicle. (B) The consumption of foods, frozen desserts, or beverages within a motor vehicles parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted. (2) "Fast-food restaurant" means any establishment whose principal business is the sale of foods, frozen des- serts, or beverages to the customer in a ready -to -consume state for consumption either within the restaurant building or for carry -out with consumption off the premises, and whose design or principal method of operation includes both of the following characteristics: (A) Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. (B) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is allowed, encouraged, or permitted. 328-3 (Campbell 2/87) 21.02.365--21.02.405 above it, then the space between such floor and the ceiling next above it. (Ord. 1617 §1(part), 1986) 21.02.365 Story, half. "Half -story" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. (Ord. 1617 §1 (part) , 1986) . 21.02.370 Street. "Street" means a permanently reserved thoroughfare which affords principal means of access to abutting property. (Ord. 1617 §1(part), 1986). 21.02.375 Structure. "Structure" means anything con- structed or erected, which requires location on the ground or attachement to comething having a location on the ground. (Ord. 1617 §1(part), 1986). 21.02.380 Structural alteration. "Structural alter- ation" means any change in either the supporting members of a building, such as bearing walls, columns, beams, and girders, or in the dimensions or configurations of the roof or exterior walls. (Ord. 1617 §1(part), 1986). 21.02.385 Tourist court. "Tourist court" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, or motor lodges. (Ord. 1617 §1(part), 1986) . 21.02.390 Trailer, automobile. "Automobile trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer. (Ord. 1617 §1(part), 1986). 21.02.395 Use. "Use" means .the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. (Ord. 1617 91(part), 1986). 21.02.400 Warehouse. "Warehouse" means a building used primarily for the storage of goods and materials. (Ord. 1617 §1 (part) , 1986) ._ 21.02.405 Yard. "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. (Ord. 1617 §1(part), 1986). 328-5 (Campbell 2/87) 21.04.030--21.04.040 Rl RD RM R2 R3 PO Cl C2 C3 CM Ml Ml-A P-F M2 O H S Chapter 21.08 (The minimum net thousand square f Rl designation on larger lot size.) Chapter 21.10 Chapter 21.12 Chapter Chapter Chapter Chapter Chapter Chapter Chapter 21.14 21.16 21.20 21.22 21.24 21.26 21.30 Chapter 21.32 Chapter 21.33 Chapter 21.35 Chapter 21.34 Chapter 21.40 Chapter 21.41 Chapter 21.42 O-S Chapter 21.45 (Ord. 1617 §1(part), 1986). Single-family district. lot area for an Rl lot is six eet. A suffix attached to the the zoning map indicates a Two-family district. Multiple -family district. Multiple -family district. Multiple -family district. Professional office. Neighborhood commercial district. General commercial district. Central business district. Controlled manufacturing dis- trict. Light industrial district. Adult entertainment/light in- dustrial district. Public facilities district. Heavy industrial district. Overlay district. Historic preservation. Site and architectural review area. Open space special zoning area. 21.04.030 Subdistricts. Whenever the terms "R dis- trict," "C district," or "M district" are used in the title, they shall be deemed to refer to all districts containing the same letter in their names: for example, the term "C district" indicates the Cl and C2 districts. (Ord. 1617 §1 (part), 1986). 21.04.040 Adoption of zones as shown on map --Zoning annexed areas. The districts aforesaid and the boundaries of such districts are shown upon a map designated as the "Zoning Map of the city of Campbell." The zoning map is adopted by reference, and three copies of same is on file in the planning department. The maps and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by these maps were fully described therein. The city has prezoned all unincorporated areas adjoin- ing the city. Such zoning shall become effective at the same time that the annexation of the area to the city becomes effective. (Ord. 1617 §1(part), 1986). 328-7 (Campbell 2/87) 21.06.010--21.06.020 Chapter 21.06 PD--PLANNED DEVELOPMENT DISTRICT Sections: 21.06.010 Purpose. 21.06.020 Establishment of PD zoning districts. 21.06.030 Permitted uses. 21.06.040 Planned development permit. 21.06.050 Application. 21.06.060 Consideration in review of applications. 21.06.070 Projects which may be approved by a use permit. 21.06.080 Action by the planning director. 21.06.090 Action by the city and architectural.review committee. 21.06.100 Action by the planning commission. 21.06.110 Action by city council. 21.06.120 Notification of decision. 21.06.130 Right of appeal. 21.06.140 Development schedule expiration and revision. 21.06.150 Modification of approval. 21.06.160 Permits not to be issued if nonconformance exists. 21.06.170 Inspection by planning director. 21.06.180 Follow-up. 21.06.010 Purpose. The PD district is intended to provide a degree of flexibility which is not available in other zones so as to allow developments that are more con- sistent with site characteristics while creating an optimum quantity and use of open space and good design. The dis- trict allows within its boundaries a use or development, or a combination of uses or types of uses or types of develop- ments, which is (are) determined to be in conformance with the General Plan of the city. It is not the intent of the PD district to allow more residential units that would be allowed by other residential zoning districts which are con- sistent with the General Plan. (Ord. 1617 §1(part), 1986). 21.06.020 Establishment of PD zoning districts. Unless initiated by the city, an application for a zone change to a Planned Development zoning district for a specific parcel or area shall include a development plan as specified in Section 21.06.050. The city may initiate a zone change to a Planned Development zoning district for a specific parcel or area without providing development plans when the pur- pose of such zone change is determined to serve the best interests of the city. (Ord. 1617 §1(part), 1986). 329 (Campbell 2/87) 21.06.070 (1) Considerations relating to traffic safety, traffic congestion, and site circulation: (A) The effect of the site development plan on traffic conditions on abutting streets; (B) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; (C) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion; (D) The location, arrangement, and dimensions of truck loading and unloading facilities; (E) The circulation patterns within the boundaries of the development; (F) The surfacing and lighting of off-street park- ing facilities. (2) Considerations relating to landscaping: (A) The location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage area, utility in- stallations or other unsightly development; (B) The planting of ground cover or other surfacing to prevent dust and erosion; (C) The unnecessary destruction of existing healthy trees. (3) Considerations relating to buildings and site layout: (A) Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood; (B) Consideration of exterior design in relation to adjoining structures in height, bulk and area openings, breaks in the facade facing onto the street. (4) Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. (Ord. 1617 §1(part), 1986). 21.06.070 Projects which may be approved by a use permit. For projects in an existing Planned Development zoning district which have an estimated construction value to be established by the building department of less than fifty thousand dollars or to establish a use in an existing building when no development plans are required, a use permit may be considered and approved by the planning commission in accord with the provisions of Chapter 21.72, Conditional Uses. Any use permit approved by the planning commission in the Planned Development zoning district shall be referred to the city council for ratification. Use permits approved under provision of this section shall not become effective unless and until such ratification is given. (Ord. 1617 §1 (part) , 1986) . 331 (Campbell 2/87) 20.06.110--20.06.140 to Chapter 21.06.070, the planning commission shall make a determination in accord with Chapter 21.72, Conditional Uses. Such use permit shall not become effective unless and until ratification is given by the city council. (Ord. 1617 §1 (part) , 1986) . 21.06.110 Action by city council. (a) Upon the re- ceipt of the report of the planning commission, the city clerk shall set the matter for public hearing before the city council. The hearing shall be noticed as presented in Chapter 21.78, Public Hearing Notice Procedures. (b) The city council shall render its decision by ordinance within days after conclusion of such public hear- ing. Upon a finding that the proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning classifi- cation, and that it would be compatible with the General Plan of the city and will aid in the harmonious development of the immediate area, the council shall approve the application; otherwise it shall deny the application. In approving the application, the council may require such conditions as it deems necessary and appropriate to secure the purposes of this title and the General Plan, and may require guarantees and evidence that such conditions are being or will be complied with. The council may impose time limits within which the conditions must be fulfilled and the proposed development started and completed. (Ord. 1617 §1 (part) , 1986) . 21.06.120 Notification of decision. The secretary of the planning commission shall given written notification of the decision of the planning director, planning commission, or city council to the applicant. In the case of approval, the notification shall include all conditions and time limits. (Ord. 1617 §1(part), 1986). 21.06.130 Right of appeal. Any person aggrieved by the decision of the planning director and/or planning com- mission may appeal within ten days of the date of decision in the manner specified in Chapter 21.80, Appeals. (Ord. 1617 §1 (part) , 1986) . 20.06.140 Development schedule expiration and revision. A development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion shall be approved with the project. A planned development permit shall expire upon expiration of the development schedule. A development schedule may be extended or reinstated by the planning commission upon receipt of a written request which includes a new development schedule. 333 (Campbell 2/87) 21.07.010--21.07.020 Chapter 21.07 C-PD CONDOMINIUM --PLANNED DEVELOPMENT DISTRICT Sections: 21.07.010 Purpose. 21.07.020 Definitions. 21.07.030 Restriction. 21.07.040 Reference. 21.07.050 Standards for conversion. 21.07.060 Open space --Residential. 21.07.070 Notification for conversion. 21.07.010 Purpose. This zoning district is established to provide for the construction of new residential, industrial, and commercial condominiums. This district provides for the conversion of existing multiple family rental housing units to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing. This district also provides for the con- version of existing industrial and commercial buildings to industrial and commercial condominiums. (Ord. 1617 §1 (part), 1986). 21.07.020 Definitions. (a) "Apartment" shall be as de- fined in the State Uniform Building Code, 1982 Edition. (b) "Community apartment project" means an undivided interest in land coupled with the right to exclusive oc- cupancy of the apartment located thereon. (c) "Community housing project" includes any of the following: a condominium development, a community apartment project, a stock cooperative, or membership association. (d) "Conversion" means a proposed change in the owner- ship of a parcel of land, together with the existing struc- tures, to a community housing project, regardless of the present or prior use of such land and structures and of whether substantial improvements have been made to such structures. (e) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate in- terest in a residential building. A condominium may in- clude in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (1) an estate of in- heritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as a leasehold or sub -lease- hold. 335 (Campbell 2/87) 21.07.070--21.08.010 provided for open space/recreation purposes. Such area shall be in addition to the required open space between buildings and any street property line. It shall be specifi- cally designed for open space/recreational use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways between buildings. Of the five hundred square feet of open space/recreation area, at least three hundred square feet shall be provided for common use of each dwelling unit, fifty percent of which shall be located in one area of the site. This requirement shall apply to new condominiums as well as to the conversion of existing multiple - family rental units. (Ord. 1617 §1(part), 1986). 21.07.070 Notification for conversion. The applicant for a proposed conversion project shall provide the planning director with a current list of the names and addresses of each person residing in an existing structure proposed for conversion in order that they shall be notified. The applicant/owner of a proposed conversion shall comply with all applicable requirements of the state of California as they pertain to the notification of tenants of a proposed conversion. (Ord. 1617 §1(part), 1986). Chapter 21.08 R1 SINGLE-FAMILY DISTRICT Sections: 21.08.010 Purpose. 21.08.020 Uses permitted without use permit. 21.08.030 Uses permitted with use permit. 21.08.040 Uses prohibited. 21.08.050 Lot area. 21.08.060 Lot width. 21.08.070 Open space and setback requirements. 21.08.080 Maximum building coverage. 21.08.090 Height. 21.08.100 Automobile parking. 21.08.110 Signs. 21.08.120 Fences. 21.08.130 Expiration--Extension--Reinstatement. 21.08.140 Site and architectural review. 21.08.010 Purpose. The R1 Single-family Residential district is intended to stabilize and protect the residential characteristics of the district and to encourage a suitable environment for family life. (Ord. 1617 §1(part), 1986). 337 (Campbell 2/87) 21.08.030 Approval of a home occupation permit.shall be given only to the occupant conducting the home occupation and shall not be transferable to any subsequent occupant. In approving a home occupation permit, the planning director may set such time limits as he deems appropriate for the use in question. The denial of a home occupation by the planning director may be appealed to the planning commission within ten days of date of decision in the manner specified in Chapter 21.80, Appeals. Home occupations existing at the time the ordinance codified in this section becomes effective may be continued for a period of not more than one year. Thereafter all home occupations shall comply with the provisions in this title: (4) Accessory buildings and detached private garages and carports, not exceeding one story nor fourteen feet in height may be allowed as follows: (A) Be located on the rear half of the lot; (B) Shall not be less than ten feet from the rear of the main building located on the same lot; (C) When located at the side of a main building, shall not be less than five feet from the main building; (D) Shall meet all setback requirements as specified in Chapter 21.55, Open Space and Setback Requirements, ex- cept that a private garage or carport may be located three feet from side property line; (E) Not more than one accessory structure shall exceed two hundred square feet in area. No accessory struc- ture shall exceed a maximum size of one thousand square feet; (F) For the purposes of this title, an accessory building and private garage will be considered detached if they do not share a common interior wall with the main building. (5) Residential care facilities and family day-care homes for six or fewer persons and licensed by the state of California. (6) Uses as may be allowed in Chapter 21.61, Provisions Applying to Special Uses. (7) Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1617 §1(part), 1986). 21.08.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit as specified in Chapter 21.72, Conditional Uses: (1) Those uses specified in Section 21.72.120, Additional Uses Permitted; 339 (Campbell 2/87) 21.08.070--21.08.130 (2) Has an area of not less than double the required minimum lot size; (3) Was held under separate ownership at the time this chapter became effective; the parcel may be equally divided into two separate lots, and each may be occupied as an individual lot as permitted by this section. (Ord. 1617 §1(part), 1986). 21.08.070 Open space and setback requirements. Open space and setbacks shall be provided as required in Chapter 21.55, Residential Setbacks and Open Space except as follows: (1) Side Yard --Existing One Story. The planning com- mission may permit a minimum side yard of five feet for buildings proposed for a second story addition when it finds that said side yards will not be detrimental to the health, safety, peace, morals, comfort or general welfare of per- sons residing in the neighborhood or general welfare of the city, and consent of adjacent property.owners is obtained. (Ord. 1617 §1(part), 1986). 21.08.080 Maximum building coverage. The maximum building coverage for a residential building with all its accessory buildings and private garages shall be forty per- cent of the net lot area. (Ord. 1617 §1(part), 1986). 21.08.090 Height. The maximum height of a building shall be thirty-five feet and not exceed two and one-half stories. (Ord. 1617 §1(part), 1986). 21.08.100 Automobile parking. Automobile parking shall be provided as required in Chapter 21.50, Parking and Loading. (Ord. 1617 §1(part), 1986). 21.08.110 Signs. Signs may be erected in accordance with the provisions of Chapter 21.53, Signs. (Ord. 1617 §1 (part) , 1986) . 21.08.120 Fences. Fences, walls, lattice -work, screens, and hedges shall be allowed as prescribed in Section 21.59- .090. (Ord. 1617 §1(part), 1986). 21.08.130 Expiration--Extension--Reinstatement. Un- less otherwise approved, an approval by the planning director for any structure allowed by this chapter shall be valid for a period of one year from the date such approval is granted. Within this one-year period, a building permit must be obtained and construction completed one year there- after or said approval shall be void. The planning director may extend the expiration date or reinstate an expired appli- cation. (Ord. 1617 §1(part), 1986). 341 (Campbell 2/87) 21.10.030--21.10.070 (2) Single-family and two-family dwellings; (3) Home occupations as specified in Section 21.08.020; (4) Other uses similar to the above, pursuant to Section 21.59.070. (Ord. 1617 §1(part), 1986). 21.10.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit as specified in Chapter 21.72, Conditional Uses. (1) Any use allowed with a use permit in the Rl district (unless otherwise specified); (2) Those uses specified in Section 21.72.120, Addi- tional Uses Permitted; (3) Other uses similar to the above pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.10.040 Uses prohibited. The following uses shall be prohibited in the RD district: (1) Commercial and industrial uses (except those allowed by home occupation permit); (2) The storage of commercial vehicles; (3) Storage of supplies and materials for commercial or industrial purposes; (4) Storage of supplies, materials, lumber, metal, and junk exceeding a one hundred square foot area, except when such are being used for construction on the property with a valid building permit. (Ord. 1617 51.(part), 1986). 21.10.050 Lot area. The minimum net lot area for residential development in the RD district shall be as follows: (1) Six thousand square feet minimum for a single- family dwelling. Provided that where a lot has an area of less than six thousand square feet, and was recorded as a separate lot prior to May 27, 1963, such lot may be occupied by a single-family dwelling; (2) Seven thousand square feet for a two-family dwell- ing. (Ord. 1617 §1(part), 1986). 21.10.060 Lot width. Every lot shall have a minimum average width of sixty feet. Provided that where an existing lot has a width of less than sixty feet and was recorded prior to May 27, 1963, such lot may be developed in accord- ance with the provisions of this title. (Ord. 1617 §1 (part), 1986). 21.10.070 Open space and setback requirements. Open space and setbacks shall be provided as required in Chapter 21.55, Residential Setbacks and Open Space. (Ord. 1617 §1 (part) , 1986) . 343 (Campbell 2/87) 21.12.010--21.12.050 Sections: (Continued) 21.12.110 Signs. 21.12.120 Landscaping and landscaping maintenance requirements. 21.12.130 Fences. 21.12.010 Purpose. The RM district is established to provide a variety of dwelling types at a controlled low - medium density of six to thirteen units per gross acre, at readily accessible locations which are convenient to com- munity facilities. (Ord. 1617 §1(part), 1986). 21.12.020 Uses permitted without use permit. The following uses are permitted subject to approval in accord- ance with provisions of Chapter 21.42, "S" Site and Archi- tectural Review Area: (1) Any use permitted in the Rl and RD districts, un- less otherwise specified; (2) Single-family, two-family and multiple -family dwellings and groups or combinations thereof; (3) Home occupations as .specified in Section 21.08.020; (4) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.12.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit as specified in Chapter 21.72, Conditional Uses: (1) Any use allowed with a use permit in the Rl and RD Zoning Districts, unless otherwise specified. (2) Those uses specified in Section 21.72.120, Addi- tional Uses Permitted; (3) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.12.040 Uses prohibited. The following uses shall be prohibited in the RM district: (1) Commercial and industrial uses, except those al- lowed by home occupation permit; (2) The storage of commercial vehicles; (3) Storage of supplies and materials for commercial or industrial purposes; (4) Storage of supplies, materials, lumber, metal, and junk exceeding a one hundred square foot area, except when such are being used for construction on the property with a valid building permit. (Ord. 1617 §1(part), 1986). 21.12.050 Lot area. The minimum net lot area for residential development in the RM district shall be as follows: 345 (Campbell 2/87) 21.14.010--21.14.030 Chapter 21.14 R2 MULTIPLE -FAMILY RESIDENTIAL DISTRICT Sections: 21.14.010 21.14.020 21.14.030 21.14.040 21.14.050 21.14.060 21.14.070 21.14.080 21.14.090 21.14.100 21.14.110 21.14.120 21.14.130 Purpose. Uses permitted without use permit. Use permitted with use permit. Uses prohibited. Lot area. Lot width. Open space and setback requirements. Maximum building coverage. Height. Automobile parking. Signs. Landscaping and landscaping maintenance re- quirements. Fences. 21.14.010 Purpose. The R2 district is established to provide a variety of dwelling types at a controlled medium density of fourteen to twenty units per gross acre at readily accessible locations which are convenient to community fa- cilities. (Ord. 1617 §1(part), 1986). 21.14.020 Uses permitted without use permit. The following uses are permitted subject to approval in accord- ance with the provisions of Chapter 21.42, Site and Archi- tectural Review Area: (1) Any use permitted in the R1, RD, and RM Districts (unless otherwise specified); (2) Single-family, two-family, and multiple -family dwellings and groups or combinations thereof; (3) Home occupations as specified in Section 21.08.020; (4) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.14.030 Use permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit, as specified in Chapter 21.72, Conditional Uses: (1) Any use allowed with a use permit in the Rl, RD, and RM zoning districts (unless otherwise specified); (2) Those uses specified in Section 21.72.120, Addi- tional Uses Permitted; (3) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 347 (Campbell 2/87) 21.14.100--21.16.020 21.14.100 Automobile parking. Automobile parking shall be provided as required in Chapter 21.50, Parking and Load- ing. (Ord. 1617 §1(part), 1986). 21.14.110 Signs. Signs may be erected in accordance with the provisions of Chapter 21.53, Signs. (Ord. 1617 §1 (part) , 1986) . 21.14.120 Landscaping and landscaping maintenance re- quirements. Landscaping shall be provided and maintained as prescribed in Chapter 21.57, Landscaping and Landscaping Maintenance Requirements. (Ord. 1617 §1(part), 1986). 21.14.130 Fences. Fences, walls, lattice -work, screens and hedges shall be allowed as prescribed in Section 21.59- 090. (Ord. 1617 §1(part), 1986). Chapter 21.16 R3 MULTIPLE -FAMILY DISTRICT Sections: 21.16.010 Purpose. 21.16.020 Uses permitted without use permit. 21.16.030 Uses permitted with use permit. 21.16.040 Uses prohibited. 21.16.050 Lot area. 21.16.060 Lot width. 21.16.070 Open space and setbacks requirements. 21.16.080 Maximum building coverage. 21.16.090 Height. 21.16.100 Automobile parking. 21.16.110 Signs. 21.16.120 Landscaping and landscaping maintenance requirements. 21.16.130 Fences. 21.16.010 Purpose. The R3 district is established to provide a variety of dwelling types at a controlled high density of twenty-one to twenty-seven units per gross acre at readily accessible locations which are convenient to community facilities. (Ord. 1617 §1(part), 1986). 21.16.020 Uses permitted without use permit. The following uses are permitted subject to approval in accord- ance with the provisions of Chapter 21.42, "S" Site and Architectural Review Area: 349 (Campbell 2/87) 21.16.060--21.16.130 21.16.060 Lot width. Every lot shall have a minimum average width of sixty feet. Provided that where an existing lot has a width of less than sixty feet and was recorded as a separate lot prior to May 27, 1963, such lot may be developed in accordance with the provisions of this title. (Ord. 1617 §1(part), 1986). 21.16.070 Open space and setbacks requirements. Open space and setbacks shall be provided in Chapter 21.55, Resi- dential Setbacks and Open Space. (Ord. 1617 §1(part), 1986). 21.16.080 Maximum building coverage. The maximum building coverage for a residential building with all its accessory buildings shall be forty percent of the lot area. (Ord. 1617 §1(part), 1986). 21.16.090 Height. The maximum height of a building shall be seventy-five feet with a maximum of six stories. (Ord. 1617 §1(part), 1986). 21.16.100 Automobile parking. Automobile parking shall be provided as required in Chapter 21.50, Parking and Load- ing. (Ord. 1617 §1(part), 1986). 21.16.110 Signs. Signs may be erected in accordance with the provisions of Chapter 21.53, Signs. (Ord. 1617 §1 (part) , 1986) . 21.16.120 Landscaping and landscaping maintenance re- quirements. Landscaping shall be provided and maintained as prescribed in Chapter 21.57, Landscaping and Landscaping Maintenance Requirements. (Ord. 1617 §1(part), 1986). 21.16.130 Fences. Fences, walls, lattice -work, screens and hedges shall be allowed as prescribed in Section 21.59- .090. (Ord. 1617 §1(part), 1986) . Chapter 21.20 PO PROFESSIONAL OFFICE DISTRICT Sections: 21.20.010 Purpose. 21.20.020 Uses permitted without use permit. 21.20.030 Uses permitted with use permit. 21.20.040 Uses prohibited. 21.20.050 Required yards. 21.20.060 Maximum building coverage. 351 (Campbell 2/87) 21.20.050--21.20.100 • (2) The storage or warehousing of merchandise or pro- ducts in the building or on the premises, unless otherwise approved; (3) The outdoor storage of merchandise or products; (4) The assembly, compounding, manufacturing, or pro- cessing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses; (5) Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of ad- jacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances; (6) The use of any building, which was constructed as a residential structure, for an office use, unless and until a use permit for such change is first obtained as prescribed in Chapter 21.72, Conditional Uses. (Ord. 1617 §1 (part) , 1986) . 21.20.050 Required yards. The following yard areas are required: (1) Yards facing a public street: Fifteen feet mini- mum; (2) Interior side and rear yards: -A minimum of five feet or one-half the height of the building wall adjacent to the property lines (whichever is greater). (Ord. 1617 §1 (part) , 1986) . 21.20.060 Maximum building coverage. The maximum building coverage shall be forty percent by the lot area. (Ord. 1617 Sl(part), 1986). 21.20.070 Height. The maximum height of a building shall be thirty-five feet and not more than two and one-half stories. (Ord. 1617 Sl(part), 1986). 21.20.080 Landscaping and landscaping maintenance re- quirements. Landscaping shall be provided and maintained as prescribed in Chapter 21.57, Landscaping and Landscaping Maintenance Requirements. (Ord. 1617 §1(part), 1986). 21.20.090 Automobile parking. Automobile parking shall be provided as required in Chapter 21.50, Parking and Load- ing. (Ord. 1617 Sl(part), 1986). 21.20.100 Signs. Signs may be erected in accordance with the provisions of Chapter 21.53, Signs. (Ord. 1617 §1 (part) , 1986) . 353 (Campbell 2/87) 21.22.030 (1) Bakery; (2) Barber shop or beauty parlor; (3) Branch bank; (4) Clothes cleaning agency or pressing establishment; (5) Candy stores; (6) Customer dressmaking or millinery shop (no factory); (7) Drug store; (8) Dry goods or notions store; (9) Florist or gift shop; (10) Furniture store; (11) Grocery, fruit, or vegetable store; (12) Hardware or electric appliance store; (13) Jewelry store; (14) Laundry agency or launderette; (15) Meat market or delicatessen; (16) Office, business or professional; (17) Photographer, studio and supply store; (18) Public parking area, when located and developed as required in Chapter 21.50, Parking and Loading; (19) Restaurants or cafe, excluding dancing and enter- tainment and alcoholic beverages; (20) Shoe store and shoe repair shop; (21) Tailor, clothing or wearing apparel shop; (22) Other uses similar to the above pursuant to Section 21.59.070. (Ord. 1617 §1(part), 1986). 21.22.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit as prescribed in Chapter 21.72, Conditional Uses, provided that such uses must be conducted wholly within an enclosed building unless otherwise approved: (1) Those uses specified in Section 21.72.120, Addi- tional Uses Permitted; (2) Arcade, as defined in Section 5.30.010; (3) Auto sales and leasing; (4) Automobile service stations, subject to compliance with all of the following standards and conditions: (A) Minimum net lot area of seventeen thousand square feet, (B) There shall be minimum setbacks as follows: ( i) Twenty-five feet from street property lines to structures other than pump islands and canopies ( ii) Fifteen feet from street property line to pump islands and canopies (iii) Ten feet from side and rear property lines for all structures, (C) Except as hereinafter provided, only those pro- ducts pertaining to automotive use may be sold, and all oper- ations and display of merchandise shall be within an approved structure, except those required for the dispensing of gaso- line, propane, water and air and the replenishment of oil. 355 (Campbell 2/87) 21.22.040 (13) Nursery and/or garden center;, (14) Pet clinic, subject to compliance with the fol- lowing conditions: (A) Treatment at such clinic shall be confined to small animals, such as dogs, cats, birds and the like, (B) All animals shall be treated on an outpatient basis and no overnight boarding shall be permitted except that three to five animals may be kept overnight on the premises for treatment purposes only, (C) The entire clinic, including treatment rooms, cages or pens shall be maintained with a completely en- closed, soundproof building constructed of materials which will insure that no sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall also be provided with air-conditioning which is adequate to prevent the necessity of opening doors and windows for ventilation purposes, (D) The clinic shall be designed and operated in such a manner as to guarantee that no objectionable odors or noises shall be produced outside its walls, and pro- visions for the off -site disposal of all dead animals and of all waste materials shall be made in compliance with county health standards. The removal of such waste material and dead animals shall be done so as to guarantee that no obnoxious odor is produced. There shall be no burning or other disposal of dead animals on the premises, (E) The proposed operation shall be located no closer than fifty feet to any residentially zoned property, (F) The planning commission shall have the authority to determine the normal hours of operation for each such clinic dependent on location; however, emergency calls after hours shall not be prohibited, (G) The planning commission shall find that the use in the proposed location is compatible with other uses in the surrounding area, (H) Pet clinics shall comply with other state, county, and city ordinances, or portions thereof, which pertain to the use or zone wherein such use is conducted; (15) Product and prototype design; (16) Tanning studios; (17) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.22.040 Uses prohibited. The following uses are prohibited in the Cl district: (1) Storage of industrial vehicles, except for the purpose of loading and unloading; (2) The storage or warehousing of merchandise or pro- ducts in the building or on the premises for sale other than at retail on the premises; 357 (Campbell 2/87) 21.24.010--21.24.020 screening required shall include a masonry wall a minimum of six feet in height. Such screening shall also include trees and plants to effectively screen such use from the adjoining residentially zoned property. (b) Lighting --Adjacent to Residential Districts. Any lighting for any use within the Cl district shall be so arranged and shielded so that light will be reflected away from property in a residential district, and so that there will be no glare which will cause unreasonable annoyance to occupants of properties in such residential district, or otherwise interfere with the public health, safety, or wel- fare. (Ord. 1617 §1(part), 1986). Chapter 21.24 C2 GENERAL COMMERCIAL DISTRICT Sections: 21.24.010 Purpose. 21.24.020 Uses permitted without use permit. 21.24.030 Uses permitted with use permit. 21.24.040 Uses prohibited. 21.24.050 Required yards. 21.24.060 Height. 21.24.070 Landscaping and landscaping maintenance requirements. 21.24.080 Automobile parking. 21.24.090 Signs. 21.24.100 Other development standards. 21.24.010 Purpose. The General Commercial district is intended to provide a wide range of retail sales and personal and business services primarily oriented to the automobile customer to provide for general commercial needs of the city and to promote stable, attractive commercial development which will afford a pleasant shopping environ- ment. (Ord. 1617 §1 (part) , 1986) . 21.24.020 Uses permitted without use permit. The following uses are permitted subject to approval in accord- ance with the provisions of Chapter 21.42, "S" Site and Architectural Review Area, provided such uses are conducted entirely within an enclosed building: (1) Any use permitted in C1 (Neighborhood Commercial) zoning district unless otherwise specified; (2) Bank and similar financial institutions; (3) Blueprinting, photostating, photo developing and printing; 359 (Campbell 2/87) 21.24.040--21.24.050 with a restaurant. The use must be adjacent to a public street that has not less than four moving traffic lanes or in a shopping center having a minimum area of not less than five acres; (20) Pawnshop; (21) Radio stations; (22) Record store; (23) Rug and upholstery cleaners; (24) Secondhand or thrift store; (25) Sign painting shop; (26) Theatre; (27) Tire shop; (28) Other uses similar to the above pursuant to Sec- tion 21.59.070. (Ord. 1617 Sl(part), 1986). 21.24.040 Uses prohibited. The following uses are prohibited in the C2 district: (1) Storage of industrial vehicles, except for the purpose of loading and unloading; (2) The storage or warehousing or merchandise or pro- ducts in the building or on the premises for sale other than at retail on the premises; (3) The outdoors storage of merchandise or products, unless otherwise approved; (4) The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail com- mercial and service uses; (5) Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance; (6) The use of any building which was constructed as a residential structure for a commercial or office use, un- less and until a use permit for such change is first obtained as prescribed in Chapter 21.72, Conditional Uses. (Ord. 1617 51(part), 1986). 21.24.050 Required yards. The following yard areas -are required: (1) Front Yard/Side Yard: None, except as may be re- quired by site and architectural approval. (2) Rear Yard: There shall be a rear yard of not less than ten feet except where approval is granted by the plan- ning commission for a reduction. The planning commission may approve a building on the rear property line and may designate that additional landscaping and setback require- ments be provided at the front of the parcel. (Ord. 1617 51 (part) , 1986) . 361 (Campbell 2/87) 21.26.010--21.26.070 21.26.010 Generally. The following regulations shall apply in the C3 business district. (Prior code §9311). 21.26.020 Uses. No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered or enlarged, except for the following use: (1) Any use permitted in the C2 commercial district; (2) If a use permit is required for a use in the C2 commercial district, a use permit shall be required in the C3 district; (3) Accessory building, when located on the same lot. (Ord. 1295 51(part), 1980; Ord. 1290 §1(part), 1980; Ord. 1283 51(part), 1980; Prior code §9311.1). 21.26.030 Uses of buildings. Except as provided in Section 21.64.080, which requires a use permit for conversion of a residential structure for office and/or commercial use, no building or structure designed for or intended to be used or which has been used as a dwelling shall be used for the conduct of any business, store or shop, except that any business use existing in a dwelling at the time of the adoption of the ordinance codified in this title, shall be considered as a nonconforming use, and it may not be extended, enlarged, or changed to any other use unless and until a use permit for such change is first obtained as provided in Chapter 21.64. (Ord. 1180 §1(part), 1978: Prior code §9311.1(a)). 21.26.040 Height. No building or structure shall hereafter be erected to exceed six stories or seventy-five feet in height. (Prior code 59311.2). 21.26.050 Lot area. The lot area requirements in a C3 district are the same as C2 district. (Prior code §9311.3). 21.26.060 Parking and loading areas. Off-street parking and loading spaces shall be provided as required in Chapter 21.50. (Prior code 99311.4). 21.26.070 Signs. Signs may be erected in accordance with the provisions of Chapter 21.68. (Prior code 99311.5). 363 (Campbell 2/87) 21.30.030--21.30.050 (8) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.30.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit as prescribed in Chapter 21.72, Conditional Uses, provided that they are conducted wholly within an enclosed building unless otherwise approved: (1) The uses specified in Section 21.72.120, Additional Uses Permitted; (2) Commercial recreation and athletic facilities, in- cluding but not limited to health spas, gyms, tennis, hand- ball, racquetball, and batting range; (3) Restaurants, when intended primarily to serve the immediate industrial area; (4) Retail businesses compatible with the CM zone; (5) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.30.040 Uses prohibited. The following uses are pro- hibited in the CM district: (1) Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vi- brations, or similar disturbance; (2) The use of any building which was constructed as a residential structure. Such building is considered non- conforming and subject to the provisions of Chapter 21.64, Nonconforming Building and Chapter 21.66, Nonconforming Uses. (Ord. 1617 §1(part), 1986). 21.30.050 Required yards. The following yards are required: (1) Front Yard. There shall be a front yard of not less than twenty-five feet; provided, however, an additional one foot in depth shall be added to the minimum twenty-five feet for each one foot in height that the main building exceeds twenty feet. (2) Side Yard. Side yards shall be a minimum of twenty- five feet in width; provided, however, that any lot shown as a separate parcel on a legally recorded map which contains fifty-five thousand square feet or less of land area, or is less than one hundred feet wide, may be used as a building site, provided not less than twenty percent of the lot width is used for side yards. Side yards may be eliminated on one side of property provided the aggregate minimum side yard width is maintained or exceeded on the opposite side. (3) Rear Yard. There shall be a rear yard of not less than ten feet except where approval is given by the planning commission to place the building on rear property line 365 (Campbell 2/87) 21.30.120 (2) Lighting --Adjacent to Residential District. Any lighting for any use within the CM district shall be so arranged and shielded that light will be reflected away from property in a residential district, and so that there will be no glare which will cause unreasonable annoyance to occupants of properties in such residential district, or otherwise interfere with the public health, safety or wel- fare. (3) Type of construction. All main plant buildings shall be of concrete or masonry construction. Office build- ings or office wings attached to main buildings may be con- structed of other materials, if first approved by the plan- ning commission, in accordance with the provisions of Chapter 21.42, "S" Site and Architectural Review Area. (4) Material Storage. Storage of raw, in process, or finished material and supplies, and of waste materials shall be maintained at all times in an enclosed building. (5) Fire and Explosion Hazards. All activities in- volving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire- fighting and fire -suppression equipment and devices standard in industry. All incineration is prohibited. (6) Radio Activity or Electrical Disturbances. Devices which radiate radio -frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio -frequency energy is electromagnetic energy at any frequency in the radio spectrum between ten kilocycles and three million megacycles. (7) Noise. The maximum sound pressure level radiated by any use or facility when measured at the boundary line of the property on which sound -is generated shall not exceed the values shown in the following table: Octave Band Range in Sound Pressure Level in Cycles Per Second Decibles 0.0002 dyne/cm2 Below 75 72 75--- 100 67 150--- 300 59 300--- 600 52 600---1200 46 1200---2400 40 2400---4800 34 Above 4800 32 The sound pressure level shall be level meter and associated octave ing to standards prescribed by the measured with a sound band analyzer conform - American Standards 367 (Campbell 2/87) 21.32.010--21.32.030 21.32.010 Purpose. The Ml District is designed to encourage sound industrial development in the city by pro- viding and protecting an environment exclusively for such development, subject to regulations necessary to ensure the protection of nearby residential uses of land from hazards and noises or other radiated disturbances. (Ord. 1617 §1 (part) , 19 86) . 21.32.020 Uses permitted without a use permit. The following uses are permitted subject to approval in accordance with the provisions of Chapter 21.42, "S" Site and Archi- tectural Review Area, provided (1) that such uses are con- ducted entirely within an enclosed building unless otherwise approved; and (2) that the retail sale of products shall only be allowed when clearly incidental to the main operation of the industrial use: (1) Automobile painting, upholstering, rebuilding, re- conditioning, repairing, body and fender works and truck repairing or overhauling; (2) Distribution plants; (3) Manufacturing, processing, packaging, treatment or fabrication of goods and merchandise; (4) Offices, laboratories, storage buildings, ware- houses, mini -storage; (5) Trucking terminal, carting, express or hauling; (6) The following uses when conducted within a building or enclosed within a solid wall or fence not less than six feet in height: (A) Building material sales yard, (B) Contractors equipment storage yard or rental of equipment used by contractors, (C) Lumber yard including only incidental mill work, (D) Public utility service yard; (7) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.32.030 Uses permitted with use permit. The fol- lowing uses are permitted subject to approval of a conditional use permit, as prescribed in Chapter 21.72, Conditional Uses, provided that they are conducted wholly within an enclosed building unless otherwise approved: (1) Those uses specified in Section 21.72.120, Addi- tional Uses Permitted; (2) Coin -operated car wash, subject to compliance with the following conditions: (A) Location, site layout, driveway access and re- lationship to adjoining development shall be approved by the planning commission, 369 (Campbell 2/87) 21.32.040--21.32.050 (7) Flea market; (8) Retail commercial uses necessary to serve and appropriate to the district; (9) Towing service or auto dismantler including storage of wrecked and abandoned vehicles, subject to the following conditions: (A) The location of the proposed use must not be detrimental to the adjoining area, (B) Such use shall not be located within one hundred feet of residentially zoned property, (C) The storage of wrecked or abandoned vehicles shall be kept at all times within an area completely enclosed by a six foot high solid wall or sight -obscuring fence, (D) There shall be no stacking of wrecked or aban- doned vehicles, (E) All auto dismantling shall be conducted wholly within an enclosed building, (F) Area used for storage be kept free of miscel- laneous debris at all times, (G) Minimum gate opening to be twelve feet in width and a minimum of twelve feet to be maintained between rows of automobiles to provide room for fire equipment, (H) Storage yard to be paved as required by Chapter 21.50, Parking and Loading; (10) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.32.040 Uses prohibited. (a) Any use which is ob- noxious or offensive or creates a nuisance to the area by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances, unless a use permit is secured as prescribed in Chapter 21.72, Conditional Uses. (b) The use of any building which was constructed as a residential structure for an office or other nonresidential uses, unless and until a use permit for such change is first obtained as prescribed in Chapter 21.72, Conditional Uses. (Ord. 1617 51(part), 1986). 21.32.050 Required yards. The following yard areas are required: (1) Front Yards/Side Yards: None, except as required by the planning commission. (2) Rear Yard: None, except where the property abuts any R (Residentially) zoned property, in which case a ten - foot yard may be required by the planning commission. (Ord. 1617 §1(part), 1986). 371 (Campbell 2/87) 21.33.010--21.33.030 Sections: 21.33.060 Height. 21.33.070 Lot area. 21.33.080 Landscaping and landscaping maintenance re- quirements. 21.33.090 Automobile parking. 21.33.100 Signs. 21.33.110 Other development standards. 21.33.010 Purpose. The purpose of this chapter is to protect and foster freedom of speech and expression while also protecting the privacy, morals, peace, and tran- quility of the citizens of the city of Campbell, by providing a suitable location for the expression of speech through nonobscene adult entertainment. (Ord. 1617 §1(part), 1986). 21.33.020 Uses permitted without a use permit. The following uses are permitted subject to approval in accordance with the provisions of Chapter 21.42, "S" Site and Archi- tectural Review Area, provided (1) that such uses are con- ducted entirely within an enclosed building unless otherwise approved; and (2) that the retail sale of products shall only be allowed when clearly incidental to the main operation of the industrial use: (1) Any use permitted in the M1 zone pursuant to Sec- tion 21.32.020 of this code. (Ord. 1617 §1(part), 1986). 21.33.030 Uses permitted with use permit. The follow- ing uses are permitted subject to approval of a conditional use permit, as prescribed in Chapter 21.72, Conditional Uses, provided that they are conducted wholly within an enclosed building unless otherwise approved: (1) Any use permitted with a use permit in an Ml zone pursuant to Section 21.32.030 of the code; (2) Adult entertainment as defined in Section 5.36.030 of the Campbell Municipal Code, subject to the following conditions: (A) No obscenity, as defined by Section 5.36.040, shall be permitted on premises providing adult entertainment, (B) No alcoholic beverages may be served on the premises where adult entertainment is offered, (C) Adult entertainment shall be limited to the hours between six a.m. and two a.m. the following morning, (D) Premises on which adult entertainment is offered must be more than one thousand feet from any school, park, or other public facility that is utilized by minors, (E) Premises on which adult entertainment is offered must be at least five hundred feet from any lot classified as any of the R (Residential) zones, 373 (Campbell 2/87) 21.34.010--21.34.050 Sections: (Continued) 21.34.040 Parking and loading area. 21.34.050 Height. 21.34.060 Front yard. 21.34.070 Side yard. 21.34.080 Rear yard. 21.34.090 Signs. 21.34.010 Generally. The following regulations shall apply to the M2 heavy industrial district. (Prior code §9315) . 21.34.020 Building uses. No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered or enlarged, except for the following uses: (1) Any use permitted in the M1 light industrial dis- trict, within or with a building or an enclosed area; (2) Any other use or uses which are or may become ob- noxious or offensive by reason of the emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration, refuse matter, or water carried waste, as determined by the plan- ning commission; (3) Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot. (Prior code §9315.1). 21.34.030 Nonconforming building. No building or structure designed for or intended to be used or which has been used as a dwelling shall be used for the conduct of any business, store or shop, except that.any business use existing in a dwelling at the time of the adoption of the ordinance codified in this title, shall be con- sidered as a nonconforming use, but it may not be extended, expanded, enlarged, or changed to any other use unless and until a permit for such expansion, extension, enlargement or change in use is first obtained as provided in Sections 21.64.010 through 21.64.060. No building used for residen- tial purposes shall in any way have its yard areas reduced in size from those which existed at the time of the adoption of the ordinance codified in this title. (Prior code §9315- .1(a)) . 21.34.040 Parking and loading area. Off-street parking and loa ing spaces shall be prove ed as required in Chapter 21.50. (Prior code 99315.2). 21.34.050 Height. Height requirements in an M2 district are the same as required in an M1 district. (Prior code §9315. 3) . 375 (Campbell 2/87) 21.35.030--21.35.080 city, the county, the state, the United States of America, any public school district or any other public district within the city; (2) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.35.030 Uses permitted with use permit. The follow- ing uses are permitted, subject to approval of a conditional use permit as prescribed in Chapter 21.72, Conditional Uses: (1) Public service buildings and accessory uses; (2) Public utility buildings and service facilities; (3) Electric distribution substations; (4) Church, convent, monastery, parsonage or nunnery; (5) Hospital, rest home or convalescent hospital; (6) Private golf course; (7) Schools other than public; (8) Other uses similar to the above, pursuant to Sec- tion 21.59.070. (Ord. 1617 §1(part), 1986). 21.35.040 Uses prohibited. The following uses are prohibited in the PF district: (1) Storage of commercial or industrial vehicles, except for the purpose of loading or unloading; (2) Storage of materials, supplies or equipment for commercial or industrial purposes. (Ord. 1617 §1(part), 1986) . 21.35.050 Required yards. (a) The minimum front yard, side yards, and rear yard required in this district shall be equal to those required in the most restrictive abutting zoning district. (b) Except where property in this district abuts property in any other district, the minimum yard required shall be the same as that required along the same property line in the abutting district. (Ord. 1617 §1(part), 1986). 21.35.060 Building coverage. (a) The maximum struc- tural coverage shall not exceed the maximum structural cover- age in the most restrictive zoning district abutting this district. (Ord. 1617 §1(part), 1986). 21.35.070 Height. The maximum height of a building shall be equal to that required in the most restrictive abutting zoning district. The planning commission may allow higher structures provided that one-half foot shall be added to each yard for each foot that the building exceeds the maximum height. (Ord. 1617 §1(part), 1986). 21.35.080 Lot area. The minimum lot size shall be six thousand square feet. (Ord. 1617 §1(part), 1986). 377 (Campbell 2/87) 21.40.020--21.40.040 21.40.020 Special development permit. No building, structure, or use shall be created, established, erected, constructed, enlarged, placed or installed in any zoning district with which the 0 district is combined until a special development permit is issued by the city council. No use permit or variance otherwise required by the regulations of the zoning district with which an 0 district is combined, shall be required for uses, or building or structures, permitted in an approved special development permit. (Ord. 1617 §1(part), 1986). 21.40.030 Application. Application for a special development permit shall be filed with the planning director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. The planning director shall prescribe the form of application and data to be filed with the application. The application shall be accompanied by floor plans, elevations, and a site plan necessary to show the detail of the proposed use of land or buildings. (Ord. 1617 §1(part), 1986). 21.40.040 Consideration in review of applications. The planning director, site and architectural review com- mittee, planning commission, and city council shall consider the following matters and others when applicable to their review of applications: (1) Considerations relating to traffic safety, traffic congestion, and site circulation: (A) The effect of the site development.plan on traffic conditions on abutting streets, (B) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways and walkways, (C) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion, (D) The location, arrangement and dimensions of truck loading and unloading facilities, (E) The circulation patterns within the boundaries of the development, (F) The surfacing and lighting of off-street parking facilities; (2) Considerations relating to landscaping: (A) The location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development, (B) The planting of ground cover or other surfacing to prevent dust and erosion, (C) The unnecessary destruction of existing healthy trees; 379 (Campbell 2/87) 21.40.070--21.40.110 21.40.070 Action by city council. (a) Upon the re- ceipt of the report of the planning commission, the city clerk shall set the matter for public hearing before the city council. The hearing shall be noticed as prescribed in Chapter 21.78, Public Hearing Notice Procedures. (b) The city council shall render its decision by ordinance within thirty days after conclusion of such public hearing. Upon a finding that the property has unique or special characteristics and that the proposed project will be consistent with the General Plan and will aid in the harmonious development of the immediate area, the city council shall approve the application; otherwise it shall deny the application. In approving the application, the council may require such conditions as it deems necessary and appropriate to secure the purposes of this title and the General Plan. The council may impose time limits within which the conditions must be fulfilled and the proposed development started and completed. (Ord. 1617 §1(part), 1986) . 21.40.080 Notification of decision. The secretary of the planning commission shall give written notification of the decision of the planning director, planning commission, or city council to the applicant. In the case of approval, the notification shall include all conditions and time limits. (Ord. 1617 §1(part), 1986). 21.40.090 Right of appeal. Any person aggrieved by the decision of the planning director and/or planning com- mission may appeal within ten days of the date of decision in the manner specified in Chapter 21.80, Appeals. (Ord. 1617 §1 (part) , 1986) . 21.40.100 Expiration--Extension--Reinstatement. Un- less otherwise approved, any approval granted under this chapter shall be valid for one year from the date the ordi- nance became effective. within this one year period, a building permit must be obtained and construction completed one year thereafter, or the special development permit shall be void. Upon written application, the city council, upon recommendation of the planning commission, may extend the expiration date or reinstate an expired application. All applications for extensions or reinstatements shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. (Ord. 1617 §1(part), 1986). 21.40.110 Modifications of approval. Unless approved under Section 21.40.050, all applications for modifications to an approved special development permit (such as a pro- posed change to the plans or conditions of approval) must 381 (Campbell 2/87) 21.41.010 Chapter 21.41 HISTORIC PRESERVATION Sections: 21.41.010 Purpose. 21.41.020 Definitions. 21.41.030 Historic preservation board. 21.41.040 Membership. 21.41.050 Term. 21.41.060 Planning department. 21.41.070 Duties of the board. 21.41.080 Designation of landmarks. 21.41.090 Review criteria. 21.41.100 Procedures for designation of a landmark. 21.41.110 Procedure for designation of historic dis- tricts. 21.41.120 Procedure for change of use in a landmark or in an historic district. 21.41.130 Procedure to authorize construction, demo- lition, relocation, or material change on a designated landmark or in an historic dis- trict. 21.41.140 Appeal of demolition of designated landmarks. 21.41.150 Advice and guidance of property owners. 21.41.160 Conformance requirement. 21.41.170 Unsafe or dangerous conditions. 21.41.180 Ordinary maintenance and repair. 21.41.190 Duty to keep in good repair. 21.41.200 Showing of hardship in cases of proposed material change construction. 21.41.210 Fees. 21.41.220 Historic combining district. 21.41.010 Purpose. There is hereby created an "H" special zoning district for the purpose and intent of identifying, protecting, and preserving the historic and/or cultural resources of the city of Campbell. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement, perpetuation and use of structures, natural features, sites and areas within the city of Campbell having historic, architectural, archeological, cultural or aesthetic significance is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this chapter is to: (1) Safeguard the heritage of the city by providing for the protection of landmarks representing significant elements of its history; 383 (Campbell 2/87) 21.41.030--21.41.050 (iii) Of a high artistic merit; or ( iv) The totality of which comprises a dis- tinctive, significant or important work or vestige whose component parts may lack the same attibutes; or ( v) That has yielded or is substantially likely to yield information of value about history, archi- tecture, culture or aesthetics, or that provides for existing and future generations an example of the physical surround- ings in which past generations lived or worked. The factor of age alone does not necessarily confer a special historical, cultural, architectural, or aesthetic value of interest upon a structure or site, but it may have such effect if a more distinctive, significant or important example thereof no longer exists. (5) "Structure" means anything directly or indirectly fixed or attached to the ground, which is built or constructed by man. A "structure" includes, but is not necessarily limited to buildings, edifices, signs, fences, fountains, walks, kiosks, and building appendages such as marquees, awnings, canopies and lighting. (Ord. 1617 §1(part), 1986). 21.41.030 Historic preservation board. There is hereby created by the city of Campbell an historic preservation board, hereinafter referred to as the "board". (Ord. 1617 §1 (part) , 1986) . 21.41.040 Membership. The board shall consist of five voting members who shall be residents of the city of Campbell, or of Campbell's sphere of influence, subject to the follow- ing conditions: (1) Each member shall be appointed by the city council. (2) Two of the boardmembers shall be recommended for appointment by the planning commission, two shall be recom- mended for appointment by the civic improvement commission, and one shall be appointed directly by the city council. (3) Each member shall have demonstratable interest or expertise in historic preservation. (4) If a member is absent from three consecutive meet- ings, unless by permission of the board, or ceases to be a resident of the city, or the city's sphere of influence, the member's seat shall be considered vacant. (5) A board member serves at the pleasure of the city council and may be removed upon a majority vote of the city council. (Ord. 1617 §1(part), 1986). 21.41.050 Term. The mayor, with the approval of the city council, shall appoint the first chairman from among the members, subject to the following conditions: (1) The term of office of the chair shall be for the calendar year, or that portion remaining after the appointment 385 (Campbell 2/87) 21.41.100 (1) Historical and Cultural Significance. (A) It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or (B) It is identified with persons or events signifi- cant in local, state or national history; or (C) It embodies distinctive characteristics of a style, type, period, or method construction, or is a valuable example of the use of indigenous materials or craftmanship; or (D) It is representative of the notable work of a builder, designer, or architect. (2) Historical, Architectural, and Engineering Signifi- cance. (A) The construction materials or engineering methods used in the proposed landmark are unusual or significant or uniquely effective; (B) The overall effect of the design of the proposed landmark is beautiful, or its details and materials are beautiful, or unusual. (3) Neighborhood and Geographic Setting. (A) It materially benefits the historic character of the neighborhood; (B) Its location represents an established and familiar visual feature of the neighborhood, community, or city; (C) It is a geographically definable area, urban or rural, possessing a significant concentration or continuity of site, buildings, structures, or objects unified by past events, or aesthetically by plan of physical development; (D) The collective value of the historic district taken together may be greater than the value of each individual structure. (Ord. 1617 §1(part), 1986). 21.41.100 Procedures for designation of a landmark. (1) Designation of landmarks may be initiated by the city council, the civic improvement commission, planning commission, or on application of the owners, or their authorized agents, of the property for which designation is proposed. (2) Any such proposal shall be filed with the planning department upon the prescribed form and shall include the following data: (A) Assessor's parcel number of the site; (B) Description detailing the proposed landmark's special aesthetic, cultural, architectural, or engineering interest or value of an historic nature; (C) Sketches, drawings, photographs or other de- scriptive material; (D) Statement of condition of structure; (E) Other information requested by the board. 387 (Campbell 2/87) 21.41.110 (10) After making its recommendation, the board shall refer a copy of its decision to the civic improvement com- mission as an informational item. (11) After receiving a recommendation from the board or the city council, the planning commission shall hold a public hearing to consider a zone change for historic designation at the earliest next regular meeting, consistent with the agenda preparation procedures and schedules for such meetings. The planning commission shall consider the report of the board and shall consider the conformance or lack of conformance of the proposed designation with the purposes as specified in Section 21..41.010 and the General Plan. Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten calendar days prior to the hearing. The planning commission shall forward its recommendations and comments to the city council to be considered simultaneously with the recommendations of the board. (12) After receiving a recommendation from the planning commission and the board, the city council shall hold a public hearing at the earliest next regular meeting, con- sistent with agenda preparation procedures and schedules for such meetings. The city clerk shall give notice of the time and place of the hearing by one publication in a newspaper of general circulation in the city of Campbell, at least ten days prior to the hearing. (13) The city council may approve, disapprove, or modify a recommendation of the board and/or planning commission on a designation. (A) Prior to the approval or modified approval of designation, the city council shall make those findings specified in Section 21.41.090. (14) After approval of the designation of a landmark by the city council, the secretary shall send the owner of the property so designated, by mail, a letter outlining the basis for such designation, and the regulations which result from such designation. The secretary shall also forward a copy of the letter to all city departments and to any other agency requesting it or that the secretary considers affected by the designation. The designation of a landmark shall be filed with the county recorder among the deeds records of the designated property. (Ord. 1617 §1(part), 1986). 21.41.110 Procedure for designation of historic dis- tricts. (a) Designation of a historic district may be initiated by the city council, the planning commission, the civic improvement commission, or an application of the property owners or their authorized agents, who own sixty percent of the number of individual parcels, to be included in the proposed district. 389 (Campbell 2/87) 21.41.120 (h) After approval of the designation of an historic district by the city council, the secretary shall send to the owners of the properties so designated, by mail, a letter outlining the basis for such designation and the regulations which result from such designation. The secretary shall also forward a copy of the letter to all city depart- ments, and to any other agency requesting it or that the secretary considers affected by the designation. The desig- nation of an historic district shall be filed with the county recorder among the deeds records of the designated properties. (Ord. 1617 Sl (part) , 1986) . 21.41.120 Procedure for change of use in a landmark or in an historic district. (a) Change of use in a landmark or in an historic district shall require a use permit, as provided for in Chapter 21.72, Conditional Uses, of the Campbell Municipal Code. (b) Any such initiation shall be filed with the plan- ning department upon the prescribed forms, and shall include the following data: (1) Statement of the district's special aesthetic, cultural, architec.tural, or engineering interest, or value of an historic nature; (2) Drawings, photographs, or other descriptive material; (3) Other information requested by the board and the planning commission. (c) An application for the use permit shall be filed with the planning department upon the prescribed form and shall contain the following additional information: (1) A plan showing the relation of the proposed work to surrounding structures; (2) Alterations required for the change of use; (3) Other information deemed necessary; (4) Applicable fees. (d) The application shall be referred to the board for review and report to the planning commission and city council. The board, in considering the appropriateness of the application shall consider, among other things, the purposes of this chapter and the historic and architectural value and significance of the landmark or the historic dis- trict. Among other things the board shall take into con- sideration the texture and material of the building or structure in question or its appurtenant fixtures, including signs, fences, parking, site plan, landscaping, and the relationship of such features to similar features of other buildings within an historic district, and the position of such building or structure in relation to the street or public way and to other buildings and structures. 391 (Campbell 2/87) 21.41.130 (3) A site plan showing all existing buildings and structures and the proposed work; (4) Where the application is for demolition, the necessity for demolition shall be justified; (5) Other information deemed necessary by the board and/or planning commission; (6) Applicable fees. (d) After receiving an application for such a use permit, the planning department shall refer it to the board which shall review the application. (e) The board, in considering the appropriateness of the use permit application, shall consider, among other things, the purposes of this chapter and the historical architectural value and significance of the landmark or historic district. Among other things, the board shall take into consideration the architecture and materials of the building or structure in question or its appurtenant fixtures, including signs, fences, parking, site plan, land- scaping, and the relationship of such features to similar features of other buildings with a historic district, and the position of such building or structure in relation to the street or public way and to other buildings or structures. (f) The board may recommend approval, approval with modifications, or disapproval of the application. (g) Prior to any recommendations for approval or modified approval, the -board shall find that: (1) The action proposed is consistent with the purposes of this chapter; and (2) The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a histor- ical nature; or (3) The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 21.41.170; or (4) The applicant has demonstrated the denial of the application will result in immediate or substantial hardship pursuant to Section 21.41.200. (h) The planning commission may continue action on use permits for two meetings, not to exceed sixty-five days from the date of public hearing for purposes of reaching a mutually acceptable solution in keeping with the criteria of this ordinance. If, at the end of that time, an acceptable solution has not been achieved, the application shall be finally granted or denied. (i) Upon approval of an application, the planning commission shall issue a use permit, a copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. 393 (Campbell 2/87) 21.41.180--21.41.200 by the building official or the fire chief after informing the board when the structure is a landmark or an historic district, and where the proposed measures have been declared necessary by such official to correct the said condition, provided however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, the city manager or building official may authorize, prior to the board's review, the extent or repair necessary to correct an unsafe condition. (Ord. 1617 §1(part), 1986). 21.41.180 Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appear- ance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or re- moval of any such feature when the building official certi- fies to the board that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code. (Ord. 1617 §1(part), 1986). 21.41.190 Duty to keep in good repair. The owner, occupant, or other person in actual charge of a designated historic or cultural resource, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior portions of such improvement, building or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the building official to enforce this section. (Ord. 1617 §1(part), 1986). 21.41.200. Showing of hardship in cases of proposed material change construction. The board may recommend approval of a use permit to carry out construction, demolition, material change, or relocation of a landmark or in a historic district, if the applicant presents facts clearly demon- strating to the satisfaction of the board at the public hearing that failure to receive such approval will cause an immediate and substantial hardship. If hardship is found to exist under this section, the board shall make a written finding to that effect, and shall also specify in writing the facts relied upon in making such finding. (Ord. 1617 §l(part), 1986). 395 (Campbell 2/87) 21.42.010--21.42.040 Sections: 21.42.080 Notification of decision. 21.42.090 Right of appeal. 21.42.100 Expiration--Extension--Reinstatement. 21.42.110 Modification of approval. 21.42.010 Purpose. The S Site and Architectural Re- view Area is intended to promote orderly development; to enhance the character, stability, and integrity of neighbor- hoods and zoning districts; to secure the general purpose of this title and the General Plan, and to assure high quality architectural design and optimum site design through the architectural review process. (Ord. 1617 §1(part), 1986) . 21.42.020 Site and architectural review permit. No building, structure, or use shall be created, erected, con- structed, enlarged, placed or installed on any site in any zoning district which has been combined with the S Site and Architectural Review Area until a site and architectural review permit is issued. All buildings, structures, develop- ments, and uses issued a site and architectural review per- mit shall at all times comply with the approved plans and conditions of approvals. (Ord. 1617 §1(part), 1986). 21.42.030 Site and architectural review committee. It shall be the duty of the site and architectural review committee to review all applications for site and architectural approval as required by this chapter and to make reports and recommendations on each application to the planning com- mission. The committee shall consist of two members of the planning commission to be appointed by, and to serve at the discretion of, the chairman of the commission. An architect or licensed building designer shall be appointed by the plan- ning commission as an advisory to the site and architectural review committee. The appointee shall serve at the discretion of the planning commission for a period of one year. (Ord. 1617 §1(part), 1986). 21.42.040 Application. Application for site and archi- tectural approval shall be filed with the planning director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. The planning director shall prescribe the form of application and data to be filed with the application. A site development plan shall be required to accompany the application. If development is to be carried out in stages, each stage shall be shown on a master plan of development. 397 (Campbell 2/87) 21.42.060--21.42.080 21.42.060 Action by planning director. The planning director may review and decide applications for architectural and site approval for single-family, two-family and one- story, three-family dwellings and their accessory buildings. He may also review and decide applications for minor addi- tions or alterations to existing buildings and minor changes in plans which have previously been approved by the plan- ning commission. Minor changes are limited to modification in the plot plan and elevations that will not change the overall character of the proposed development. However, if the planning director finds that the pro- posed development will have a substantial effect on the sur- rounding area or is of sufficient size to warrant the con- sideration of the planning commission, he shall refer the application to the architectural review committee for pro- cessing in the same manner as all other applications for architectural and site approval. (Ord. 1617 §1(part), 1986). 21.42.070 Action by planning commission. (a) The planning commission shall hold a public hearing and decide all applications for site and architectural approval (except as provided in Section 21.42.060) within sixty days of the date of acceptance of the application, unless the appli- cation is continued with the concurrence of the applicant, in which case the sixty day period may be exceeded. The hearing shall be noticed as prescribed in Chapter 21.78, Public Hearing Notice Procedures. Prior to the public hearing the planning director shall arrange with the appli- cant a time and place of meeting between the applicant and the site and architectural review committee. (b) Upon finding by the planning commission that the proposed project, subject to the conditions imposed, will be consistent with the General Plan of the city and will aid in the harmonious development of the immediate area, the commission shall approve the application; otherwise it shall deny the application. In giving its approval, the commission may include such conditions as it deems reasonable and necessary under the circumstances to carry out the in- tent of this chapter and the General Plan. The commission may impose time limits within which the conditions must be fulfilled and the proposed development started or com- pleted. The site and architectural review permit shall become valid ten days following the date of approval unless appealed. (Ord. 1617 51(part), 1986). 21.42.080 Notification of decision. The secretary of the planning commission shall give written notification of the decision of the planning director or the planning commission to the applicant. In case of approval, the notification shall include all conditions and time limits imposed by the planning director or the planning commission. (Ord. 1617 §1(part), 1986). 399 (Campbell 2/87) 21.45.020 limited and valuable resource; to permit a reasonable use of open space land while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability as agricultural land, scenic land, recreation land, conservation or natural resource land. It is also the purpose of the O-S Open Space Special Zoning Area to.aid in the containment of urban sprawl and the structuring of urban development and for the retention of land in its near natural state to protect life and property in the community from the hazards of fire, flood and seismic activity; and to implement the open space element of the General Plan of the city. The O-S Open Space Special Zoning Area may be combined with any of the zoning districts designated in the Zoning Code, except the PD and C-PD districts. (Ord. 1617 §1(part), 1986) . 21.45.020 Definitions. As used in this chapter, unless otherwise apparent from the context, the following definitions shall apply: (1) "Conservation or natural resource land" means land which possesses or encompasses conservation or natural resources. (2) "Conservation of natural resource" includes, but is not necessarily limited to streams, watersheds, ground water, recharge, soils, wildlife habitat as defined in sub- section (8) of this section, special land forms and natural vegetation. (3) "Open space land" means any parcel or area of land essentially unimproved in its natural state, and devoted to an open space use as defined in subsection (5) of this section, and which is designated in the open space element for an open space. (4) "Open Space Special Zoning Area" means any area of land or water designated "O-S" and subject to all of the terms and regulations of this chapter. (5) "Open space use" means the use of land for: (A) Public recreation; (B) Enjoyment of scenic beauty; (C) Conservation or use of natural resources; (D) Production of food or fiber; (E) Protection of man and his artifacts (buildings, property, etc.) (F) Containment and structuring of urban develop- ment. (6) suitable (7) possesses "Recreation land" means any area of land or water for recreational purposes. "Scenic land" means any area of land or water which scenic qualities suitable for preservation. 401 (Campbell 2/87) 21.50.010--21.50.020 Chapter 21.50 PARKING AND LOADING Sections: 21.50.010 Purpose. 21.50.020 Parking spaces. 21.50.030 Off-street parking design standards. 21.50.050 Parking schedule. 21.50.060 Parking design table. 21.50.010 Purpose. This chapter is intended to ensure that adequate off-street parking and loading spaces are provided for each particular type of land use. Off-street parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impact. (Ord. 1617 §1(part), 1986). 21.50.020 Parking spaces. (a) Off-street parking spaces shall be provided for all uses in accordance with standards set forth in this chapter. The provision and maintenance of off-street parking spaces as required by these standards shall be a continuing obligation so long as the use continues. (b) When there is to be a change in use which would require additional parking spaces, such spaces shall be provided at the time of the change. (c) When there is more than one use at the location, the total parking spaces required shall be equal to the sum of the requirements for the individual uses, except that the planning commission may permit two uses to jointly occupy the same parking spaces when their parking demands occur at different times. When circumstances change so that there is a conflict in demand, the planning commission may require that additional parking spaces be provided. (d) All parking spaces shall be provided on the same site as the use, except that the planning commission may permit the location of a parking facility within a reasonable distance if adequate provisions are made to assure that the facility shall be under the control of the owner of the use during the life of the use. For this purpose the planning commission may require the filing of such covenants or agreements as it deems necessary. (e) A single parking facility may be established and operated for two or more uses provided that: (1) The number of spaces provided shall equal the sum of the requirements for the individual uses, except as provided in subsection (c) of this section; 403 (Campbell 2/87) 21.50.030 (8) All parking spaces and driveways shall be graded, drained and surfaced with an asphaltic or concrete surface, in a manner approved by the building inspector, to provide a durable and dust -free surface and access under all weather conditions. (9) Curb cuts or street access points shall be located and designed to meet the approval of the director -of public works. (10) All parking facilities shall have appropriate curbs or bumper guards. (11) All parking facilities shall be provided with appropriate stall, entrance, exit and traffic flow markings. (12) All parking facilities shall be provided with ap- propriate lighting, and such lighting shall be reflected away from the adjoining properties and public rights -of -way. (13) Unless required otherwise by this code: (A) The minimum parking stall size shall be eight feet wide and sixteen feet long for compact stalls; nine feet wide and twenty feet long for standard stalls. The total number of compact stalls on any site shall not exceed forty percent of the total parking provided. (14)(A) All developments except one, two or three- family residential developments, shall provide the number of handicapped parking spaces as indicated on the following table: Total Number of Number of Handicapped Parking Spaces Spaces Required 1 - 40 1 41 - 80 2 81 - 120 3 121 - 160 4 161 - 300 5 301 - 400 6 401 - 500 7 Over 500 1 for each 200 These spaces shall have the minimum dimensions shown in the parking design table for handicapped stalls which is codified in Section 21.50.060. When less than five parking spaces are provided, at buildings and facilities subject to these regulations, one shall be fourteen feet wide and lined to provide a nine foot parking area and a five foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for handicapped use only. (B) All handicapped parking spaces, except as per- mitted by subsection (2) of this section, shall be designated as follows: 405 (Campbell 2/87) 21.50.050 PARKING SCHEDULE USE PARKING SPACE REQUIREMENT Single -Family 2 spaces/unit, one of which must be covered. Duplex 2 spaces/unit, one of which must be covered. Townhomes/Condominiums One -bedroom unit 2 spaces/unit, one of which must be covered. In addition to parking required above, a designated guest parking space shall be provided for each 5 units or fraction thereof. Two or more bed- room units 2-1/2 spaces/unit, one of which must be covered. In addition to parking required above, a designated guest parking space shall be provided for each 5 units or fraction thereof. Multiple Family One bedroom unit 1-1/2 spaces/unit, one of which must be covered. Two or more bedroom units 2 spaces/unit, one of which must be covered. In addition to parking required above, a designated guest park- ing space shall be provided for each 5 units or fraction thereof. Medical, Dental, Clinics 6 spaces/doctor. General Offices (other than Medical) 1 space/each 225 sq.ft. of gross floor area. 407 (Campbell 2/87) 21.50.060 Bank 1 space/each 200 sq.ft. of gross floor area. Community center, 1 space/each 200 sq.ft. of library, post office gross floor area. Private clubs Auto service garages Senior citizen housing (Ord. 1617 §1(part), 1986). 1 space/each 200 sq.ft. of floor area. 1 space/350 sq.ft. of gross floor area in addition to in- terior parking space. 1 space/3 units. 21.50.060 Parking design table. Following is the parking design table for the city of Campbell: 409 (Campbell 2/87) O rt lT J Lai f✓ "t3 Fi rr N Q0 co rn M N N 00 J V-1 a HANDICAPPED PARKING StAlL DESIGN c,.b 1.....u....s .w.n -10b ., a 10.11w 1 —. I.— —r 4 M1•.1�pn. w•.b eY,wl �r.o.• - Tr• 1 ICI 5 wr Isa.s.-ft'O r ►., b.•y Len - T Y. 3' 1Yr TYw1 fr"" Hww ap.d S►w , Do ble IYp• 1MM\ M r1lnl.ry I V 51 H e.d.iaoy.6 Spoon, S1t,ele TYP• fh.s 69koe .s '"Ust131" O/11y Of lM 411101wa[Nc (lulu ng SlintlaldS and dmS not de4..-ale UN a111 swans of cor oy nO ..m Such SIanW1l1S M rd•ta.pA rer\.ry s•.. - T.r 4' 20' Hendicepp.d Spat, Ooabl. Dleeonel TYP. .--. Cvb. i...o..,. - - ♦ 310 - W CD lh.l fWO ,s 1eus11Nne Only of 11.r appl.cahlt flu.,'J-o Slanda.ds and dtws ml I O Uevlwale the o111Y moans of arnpisn.� .•n. c„c-� va••1a•ds 21.53.020--21.53.030 21.53.020 Definitions. (a) "Sign" means any device used for the purpose of advertising, informing, or identifying, and placing so as to be seen from the exterior of the build- ing or premises on which it is located. (b) "Business frontage" means that portion of a build- ing (normally where the main entrance is located) in which a business is located that faces a street, parking lot, pedestrian mall, arcade or walkway. (c) "Commercial center" means two or more commercial, professional, or industrial businesses in the same building or group of buildings. "Commercial center" includes "shop- ping center." (d) "Free-standing sign" means a sign substantially or completely detached from the building, and not projecting through the roof or eaves of a building, but wholly supported by a structure permanently attached to the ground. (e) "Off-street sign" means a sign, located in either the public right-of-way, or on a parcel different from that occupied by the business/activity advertised, or otherwise not an on -site sign. (f) "On -site sign" means a siqn relating in its sub- ject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. (g) "Permanent sign" means a sign which is intended to identify the occupants/activity for a period of time, nor- mally greater than three months. (h) "Political sign" means a sign which is intended to influence the vote for the passage or defeat of a measure, or for the election or defeat of a candidate for nomination or election in any governmental election. (i) "Readerboard sign" means a sign intended for a periodically changing advertising message. (j) "Roof sign" means a sign that is mounted upon a roof or above a parapet or eave of a building or structure, or above the highest point of the ridgeline. (k) "Temporary sign" means a sign, banner, pennant or streamer, including a political sign, which is erected for a limited period of time for the purpose of advertising community or civic projects, real estate for sale or lease, or other special events such as concerts, elections, grand openings, or special promotions as approved by the planning commission. Special promotions are limited to special sales or events that take place not more than twice a year. Special promotions do not include advertising individual products and services or the prices of products and services. (1) "Wall sign" means a sign that is painted on, attached to, or erected against a wall of a building or structure. (Ord. 1617 §1(part), 1986). 21.53.030 Permit --Required. No sign (except those exempt from these regulations as provided in Section 21.53- .040) shall be erected, created, altered, or allowed to be located (regardless of whether or not it is initially erected, 413 (Campbell 2/87) 21.53.050--21.53.070 21.53.050 Permitted. Signs, other than those listed in Section 21.53.040 may be permitted in the city only in the cases and under the conditions set forth in Sections 21.53.080 and 21.53.090. (Ord. 1617 §1(part), 1986). 21.53.060 Prohibited. The following signs are prohibited in the city: (1) Signs on Vehicles. The parking of any vehicle or trailer on either public or private property which has attached thereto, suspended therefrom, or painted thereon, any sign which is intended to attract the attention of the public or direct the public to a business is prohibited. This sec- tion is not intended to apply to standard identification practices where such displays are painted on or permanently attached to a business or commercial vehicle which is actively being used by the business. (2) Abandoned. No person shall maintain or permit to be maintained on any premies owned or controlled by him any sign which has been abandoned. Any such sign shall promptly be removed by the owner of the premises. Any sign which is located on property which became vacant and unoccupied for a period of three months or more, and any sign which was erected for an occupant or business unrelated to the present occupant or his business, and any sign which pertains to a time, event or purpose which no longer pertains, shall be presumed to have been abandoned. (3) Roof -mounted signs, unless approved by the planning commission. (4) All other signs not specifically permitted by or exempt from these regulations are prohibited. (5) All other signs not specifically permitted by, or excepted from these regulations, are prohibited. (Ord. 1617 §1(part), 1986). 21.53.070 Number and surface area. (a) For the purpose of determining the number of signs, the sign shall be considered to be a single display device containing elements organized, related and composed to form a unit. Where matter is dis- played in a random manner without organized relationship of elements, such element shall be considered to be a single sign. (b) The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. When the size of a sign is regulated, the regulations refers to one display surface only. On a sign having more than one display surface, each display surface may equal the maximum dimensions prescribed in the regulation unless otherwise specifically provided. (Ord. 1617 §1(part), 1986) . 415 (Campbell 2/87) 21.53.090 architectural and site approval applications and in accord with guidelines expressed in this section. The recommendation to the city council shall be forwarded from the planning commission within sixty days of the filing of the application. (A) Permanent signs oriented to freeways or express- ways shall be limited to identification of. on -site businesses. (B) The applicant shall demonstrate that the business operation is dependent upon freeway or expressway identifi- cation and that denial of said identification would cause an undue hardship. (C) Additional landscaping on architectural modifi- cation may be an added condition of approval of said signing. (2) Multifamily Residential Developments. On -site signs which identify or convey rental information about multifamily or group dwellings may be permitted on the premises, provided that: (A) The total display area for all signs for any one development is no greater than eighty square feet and no single sign shall have a display surface greater than forty square feet. (B) The signs shall not move, nor be animated, nor have flashing or moving lights. (C) Any illumination shall be provided either by interior lights or reflectors concealed in shrubbery or decorative structures. Such illumination shall not cause any glare on surrounding streets or adjacent property. If attached, such signs shall be parallel to the building wall to which it is attached and shall not project above the roof line or extend beyond one foot of the wall. If free- standing, such signs shall not project over public property nor be more than six feet high. (3) Office Development. On -site signs with the name of an office building or the names of the occupants or business, professional, or administrative offices may be permitted, provided that: (A) The total display area for all signs for any one development is no greater than eighty square feet and no single sign shall have a display surface greater than forty square feet. (B) The signs shall not move, nor be animated, nor have flashing or moving lights. (C) Any illumination shall be provided either by in- terior lights or reflectors concealed in shrubbery or decor- ative structures. Such illumination shall not cause excessive glare on surrounding streets or adjacent property. (D) The signs may be attached to or painted on the building or freestanding. If attached, such signs shall be parallel to the building wall to which it is attached and shall not project above the roof line nor extend beyond one foot of the wall. If freestanding, such signs shall not 417 (Campbell 2/87) 21.53.100--21.53.110 (I) Readerboard signs in association with a theater or commercial use when approved by the planning commission. (5) Public/Semi-public Developments, Private Institutions,. or Churches. On -site signs which identify public buildings or grounds, private institutions or churches may be permitted, provided that: (A) The aggregate display area of all signs does not exceed forty square feet. (B) The signs shall not move, nor be animated, nor have flashing or moving lights. (C) Any illumination shall be provided by interior lights or reflectors concealed in shrubbery or decorative structures. Such illumination shall not cause glare on sur- rounding streets or adjacent property. (D) The signs may be attached to or painted on the building or freestanding. If attached, such signs shall be parallel to the building wall to which it is attached and shall not project above the roof line nor extend beyond one foot of the wall. If freestanding, such signs shall not project over public property nor be more than six feet high. (6) Nonconforming Land Uses. On -site signs for non- conforming uses may be permitted, provided that: (A) All regulations of the code pertaining to the use involved have been complied with; (B) Such signs have been approved by the planning commission. (7) Off -site Signs. Off -site signs, as defined in Section 21.53.020, containing a list of civic organizations or indicating only the direction toward and distance to any civic, public or quasipublic facility may be permitted, provided that: (A) Such signs are not illuminated or animated by means of flashing or traveling lights, moving or rotating parts, or any other method of causing a nonstationary con- dition. (B) The display area of than forty square feet.. (C) Such signs have been commission. (Ord. 1617 51(part), such signs shall be no greater approved by the planning 1986). 21.53.100 Application for permit. Application for sign approval shall be filed with the planning department. The planning director shall prescribe the form of appli- cation and data to be filed with the application. (Ord. 1617 §1(part), 1986). 21.53.110 Approval of permit. The planning director may approve a proposed sign, provided that: (1) Inspection of the site and the proposed sign and review of the plans disclose that all the regulations of 419 (Campbell 2/87) 21.53.160--21.53.170 may remain in use even though they do not conform with the provisions of this chapter, until such time as a change is proposed which requires a permit under Section 21.53.030. (b) A minor change to a nonconforming, freestanding sign, for commercial center which identifies two or more tenant may be allowed without bringing the entire sign into conformance as follows: (1) A change in copy of one of the tenants if the area of the sign proposed for change is less that twenty-five percent of the total freestanding sign area. The total dis- play area and the height of the freestanding sign may not be increased. (c) Except as otherwise permitted by this chapter, repainting, refacing or relettering an existing sign con- stitutes the erection or creation of a new sign, which must comply with the provisions of this chapter. (Ord. 1617 §1 (part) , 1986) . 21.53.160 Maintenance and repair. All signs, together with all supports, braces, guys, and anchors shall be main- tained in good safe condition. The display surface of all signs shall be kept neatly painted or posted at all times. (Ord. 1617 Sl(part), 1986). 21.53.170 Abatement of temporary signs. The city may remove any temporary sign posted or maintained in violation of this chapter, in accordance with the following provisions: (1) If a temporary sign is unlawfully in place after the expiration of fifteen days from the termination of the com- munity or civic project or other special event for which it was posted, the city may treat the sign as abandoned, and have it summarily removed and destroyed. (2) In situtation other than those set forth in sub- section (1) of this section, the city shall make a reasonable attempt to notify the owner of the sign. If any such reason- able attempt, the owner cannot be found, the sign may be treated as abandoned, and summarily removed. If the city is able to locate the owner, the city shall send the owner a letter notifying him as follows: (A) That the city intends to remove the sign; (B) The reason the city believes the sign to be illegal, including a reference to the relevant section of this chapter; (C) That the owner may contest the removal of his sign by submitting a written request to the planning dir- ector specifying the reasons the owner believes the sign to be legal; (D) That if no written request is received within ten days immediately following the notice sent by the city, and the illegality of the sign is not voluntarily corrected, the city shall remove the sign and bill the owner for the cost of removal. 421 (Campbell 2/87) 21.55.020--21.55.070 21.55.020 Front yard setback. Unless otherwise pro- vided in this title, a minimum front yard of the greater of fifteen feet, or one-half the height of the building wall adjacent to the property line, shall be maintained on all residentially zoned lots, except that the entrance to a garage or carport shall be no closer than twenty-five feet to any public right-of-way. (Ord. 1617 §1(part), 1986). 21.55.030 Side yard setback. Unless otherwise provided in this title, a minimum side yard of the greater of five feet, or one-half the height of the building wall adjacent to the property line, shall be maintained on all residentially zoned lots. (Ord. 1617 §1(part), 1986). 21.55.040 Rear yard setback. Unless otherwise pro- vided in this title, a minimum rear yard of the greater of five feet, or one-half the height of the building wall adjacent to the property line, shall be maintained on all residentially zoned lots. (Ord. 1617 §1(part), 1986). 21.55.050 Buildings on the same lot. Unless otherwise approved by the planning commission or city council, two or more buildings on a residentially zoned lot shall be no closer to each other than a distance equal to the height of the taller of the two buildings, and, if the buildings are longer than fifty feet and parallel or nearly parallel, they shall be no closer than a distance equal to the combined heights of the two buildings. If a building is constructed with two or more parallel or nearly parallel wings, the wings shall be no closer than a distance equal to the com- bined heights of the two wings. These regulations do not apply to detached garages appurtenant to the main building for townhomes or condominiums. (Ord. 1617 §1(part), 1986). 21.55.060 Single and two-family dwellings --Open space requirements. For single or two-family dwellings, an area of not less than seven hundred fifty square feet per dwell- ing unit shall be provided for recreational purposes. Such area shall be in addition to the required front yard setback between the building and the street property line. The recreational area may be occupied by facilities such as a swimming pool, playground equipment, and a patio, porch, or deck provided it is open on at least two sides and not covered by a roof or canopy. (Ord. 1617 §1(part), 1986). 21.55.070 Multiple -family dwellings --Open space require- ments. For multiple -family dwellings (other than townhomes or condominiums) an area of not less than two hundred twenty- five square feet per dwelling unit shall be provided for recreational purposes. Such area shall be in addition to the 423 (Campbell 2/87) 21.57.020 a minimum of eight feet in width, measured at right angles to the street, and exclusive of any parking overhang. (C) Said frontage landscaping shall consist of turf, ground cover, shrubs, trees, and boulders in combination to provide attractive screening of paved areas. (D) A four -foot planter strip shall be provided along abutting property lines. (E) Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of twelve percent of the site area, additional landscape areas in an amount which makes up the difference shall be provided. (F) Where twenty-five or more parking spaces are provided, an interior landscaping area shall be required in addition to the perimeter and frontage landscaping areas. Said interior landscaping shall be provided at a rate of twenty square feet for each additional uncovered parking space over twenty-five. . (2) General Commercial (C-2-S). (A) All applications for development within the C-2-S zoning district shall be required to provide for land- scaping a minimum extent of ten percent of the net site area. (B) Continuous landscaped areas shall be required along the public street frontages of all developments, ex- cluding driveways. Said frontage landscape areas shall be a minimum of five feet in width, measured at right angles to the street, and exclusive of any parking overhang. (C) Said frontage landscaping shall consist of turf, ground cover, shrubs, trees, and boulders in combination to provide attractive screening of paved areas. (D) A minimum four -foot planter strip shall be pro- vided along abutting property lines. (E) Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of ten percent of the site area, additional landscaping areas in an amount which makes up the difference shall be provided. (F) Where twenty-five or more parking spaces are provided, an interior landscaping area shall be required in addition to the perimeter and frontage landscaping areas. Said interior landscaping shall be provided at a rate of twenty square feet for each additional uncovered parking space over twenty-five. (3) Controlled Manufacturing CM-S. (A) All applications for development within the CM-S zoning district shall be required to provide landscaping a minimum extent of ten percent of the site area. (B) All required front yards shall be landscaped except for the driveways areas. (C) Said frontage landscaping shall consist of turf, ground cover, shrubs, trees and boulders in combination to provide attractive screening of paved areas. 424-1 (Campbell 2/87) 21.57.020 (D) A minimum four -foot planter strip shall be pro- vided along abutting property lines. (E) Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of ten percent of the net site area, additional landscaping areas in an amount which makes up the difference shall be provided. (F) Where twenty-five or more parking spaces are provided, an interior landscaping area shall be required in addition to the frontage and perimeter landscaping areas. Said interior landscaping area(s) shall be provided at a rate of twenty square feet for each parking space over twenty-five. (4) Light Industrial (M-1-S). (A) All applications for development within the M-1-S zoning district shall be required to provide for landscaping a minimum extent of eight percent of the net site area. (B) Continuous landscape areas shall be required along the public street frontages of all developments, ex- cluding driveways. Said frontage landscape areas shall be a minimum of five feet in width, measured at right angles to the street right-of-way, and exclusive of any parking overhang. 425 (Campbell 2/87) 21.59.010--21.59.030 healthy plants. Landscaped areas shall be kept free of weeds and trash and litter. Any plants which die shall be replaced with healthy plants of the same or similar type. (Ord. 1617 §1(part), 1986). Chapter 21.59 GENERAL PROVISIONS AND EXCEPTIONS Sections: 21.59.010 Purpose. 21.59.020 Conformance with use provisions. 21.59.030 Conformance with area provisions. 21.59.040 Conformance with height provisions. 21.59.050 Exceptions to area provisions. 21.59.060 Exceptions to height provisions. 21.59.070 Other uses permitted by planning commission. 21.59.080 Projections allowed into yards. 21.59.090 Fences, walls, lattice -work, screens and hedges. 21.59.010 Purpose. This chapter is intended to con- tain regulations pertaining to general provisions and ex- ceptions to the Zoning Ordinance. (Ord. 1617 §1(part), 1986). 21.59.020 Conformance with use provisions. Unless otherwise specified in this title, no building or structure shall be erected, reconstructed, structurally altered, en- larged or moved, nor shall any building, structure, or land be used or designed to be used for any use other than is permitted in the district in which such building, structure, or land is located, and then only after applying for and securing all permits and licenses required by all laws and ordinances. (Ord. 1617 §1(part), 1986). 21.59.030 Conformance with area provisions. Unless otherwise provided in this title, the following regulations shall apply: (1) No building shall be erected or located on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located. (2) No parcel of land held under separate ownership at the time this chapter became effective, shall be reduced in a manner below the minimum lot width and lot area required by this chapter. 427 (Campbell 2/87) 21.59.080--21.59.090 are similar to the uses..listed in the same section and are not more objectionable to the general welfare. "Other uses" so determined by the planning commission shall be regarded as listed uses. In no instance, however, shall these regu- lations be so interpreted to permit a use in a district when such use is specifically listed and permitted in a less restricted district (i.e., a use specifically set forth in the C-2 district shall not be permitted in the C-1 district). (Ord. 1617 §1(part), 1986). 21.59.080 Projections allowed into yards. (a) Cor- nices, Canopies. Cornices, eaves, belt courses, sills, canopies or other similar architectural features (not in- cluding bay windows or vertical projections) may extend or project into a required side yard or rear yard not more than twenty-four inches and may extend or project into a required front yard not more than thirty inches. Chimneys may project into a required front, side, or rear yard not more than eighteen inches. (b) Fire Escapes. Open, unenclosed fire escapes may extend or project into any front, side or rear yard not more than four feet. (c) Open stairways and balconies. Open, unenclosed stairways, or balconies, not covered by a roof or canopy may extend or project into a required front yard not more than thirty inches. (c) Open Stairways and Balconies. Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required front yard not more than thirty inches. (d) Trees, Shrubs, and Plants. Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any required front, side, or rear yard provided they do not produce a hedge effect contrary to the provisions of Section 21.59.090. (e) Nameplates, Bulletin Boards, and Signs. Name- plates, bulletin boards, or signs appertaining to the pros- pective sale, lease or rental of the premises on which they are located, as permitted in this title, shall be allowed in any required front, side or rear yard, provided that they do not impair pedestrian or vehicular safety as determined by the director of public works. (Ord. 1617 §1(part), 1986). 21.59.090 Fences, walls, lattice -work, screens, and hedges. (a) A fence, wall, lattice -work or screen not more than six feet in height, or a hedge or thick growth of shrubs or trees maintained so as not to exceed six feet in height, may be allowed in all zoning districts as follows: 429 (Campbell 2/87) 21.61.010--21.61.020 Chapter 21.61 PROVISIONS APPLYING TO SPECIAL USES Sections: 21.61.010 Purpose. 21.61.020 Cargo storage containers. 21.61.030 Additional living units. 21.61.040 Fallout/bomb shelters. 21.61.050 Garage conversions. 21.61.010 Purpose. This chapter is intended to in- clude regulations for special, unique, or newly created uses which may be allowed in one, several, or all zoning districts. The sections that follow indicate each special use, the regulations and development standards, the zones in which they are allowed, and the approval process. (Ord. 1617 §1(part), 1986). 21.61.020 Cargo storage containers. Sea cargo and transport containers used for storage purposes, when placed on a property, shall conform to the following regulations: (1) Cargo containers may be permitted in residential zoning districts subject to approval of a conditional use permit pursuant to Chapter 21.72, Conditional Uses. (2) Cargo containers may be permitted in nonresidential zoning districts subject to approval of a modification to Site and Architectural Approval pursuant to Chapter 21.42, "S" Site and Architectural Review Area. (3) Approved cargo storage containers shall be con- sidered temporary in nature and a one year maximum time limit shall be imposed for their use. Upon approval, the applicant shall provide a letter of agreement, satisfactory to the city attorney, stating that the container(s) will be removed from the property within one year from the date of approval, unless the commission grants an extension. (4) In order to approve a cargo storage container, the planning commission must find that the placement of a container (s) : (A) Does not adversely affect parking facilities for a project; (B) Is architecturally compatible with existing and neighboring structures including building materials and roof elements; (C) Does not impair the orderly and harmonious development of a neighborhood. The commission may impose conditions necessary to carry out the intent of this section. (Ord. 1617 §1(part), 1986). 431 (Campbell 2/87) 21.61.040 (2) On R-1 lots having a minimum lot area of two hundred fifty percent of the minimum required for the dis- trict in which it is located. Where a lot has an area equivalent to two hundred fifty percent the minimum lot size required by the zoning district in which it is located, but without the required frontage to create a separate parcel, a second detached dwelling unit may be permitted. Such additional dwelling unit shall not be bound by the dwelling unit size provision required above. (e) Use Permit --Architectural Approval Required. The construction of an additional living unit shall be permitted only after approval of a conditional use permit and archi- tectural approval by the planning commission. The require- ments for a use permit are set forth in Chapter 21.72 of this title and are incorporated in this chapter by reference. The requirements for architectural approval are set forth in Chapter 21.42 of this title and are also incorporated in this chapter by reference. Prior to making a decision, the planning commission may consider traffic impact, utility capacity, impact on adjacent neighbors, and impact on the neighborhood. (f) Restrictions. (1) Additional living units shall not be allowed on R-1 zoned parcels on which more than one living unit is presently located. (2) No subdivision of land nor air rights shall be allowed. (3) Additional living units must comply with all applicable building and fire codes. (Ord. 1617 §1(part), 1986) . 21.61.040 Fallout/bomb shelters. (a) Generally. Private, quasi -public and public fallout shelters shall be approved by a structural engineer and conform to all requirements of the Uniform Building Code and construction standards adopted by the -city council by resolution. Per- mits for units constructed in residential zones and under ten persons capacity shall be issued by the building official. Other fallout/bomb shelters shall require approval of a use permit as specified in Chapter 21.72, Conditional Uses. (b) Sanitary Facilities. No flush toilets, lavatories, bathtubs or showers are permitted. (c) Height of Room. Rooms shall be of a six -foot - six -inch minimum. (d) Corridors and Stairs. There shall be a minimum width of twenty-four inches and a minimum height of six - feet -six inches. (e) Exit Facilities. Doors shall be swing doors (swing in) with a minimum of twenty-four inch width by six -feet - six -inch height. Locks shall be openable from the inside without the use of a key or special knowledge or effort. 432-1 (Campbell 2/87) 21.64.010--21.64.030 in this chapter by reference. The requirements for archi- tectural approval are set forth in Chapter 21.42 of this title and are also incorporated in this chapter by reference. (d) Restrictions. (1) The conversion of a garage and/or carport to additional residential living space shall not be allowed to establish additional living units on the premises. (2) Development plans must indicate the location of two on -site parking areas which meet the minimum parking standards for single-family developments, as specified in Section 21.50.030 of this title. (3) Conversion of a garage and/or carport to addi- tional residential living space must comply with all appli- cable building and fire codes. (Ord. 1617 §1(part), 1986). Chapter 21.64 NONCONFORMING BUILDINGS Sections: 21.64.010 Purpose. 21.64.020 Continuation. 21.64.030 Maintenance--Repairs--Alterations. 21.64.040 Additions--Enlargements--Moving. 21.64.050 Restoration of damaged buildings. 21.64.060 Exceptions. 21.64.010 Purpose. This chapter is intended to limit the number and extent of nonconforming structures by pro- hibiting their being moved, altered, or enlarged; and, by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be eliminated or altered to conform to the district regulations in which they are located. (Ord. 1617 §1(part), 1986). 21.64.020 Continuation. Nonconforming structures, lawfully constructed prior to the enactment of rezoning, reclassification, or change of regulations may be continued only in conformity with the provisions of this chapter. (Ord. 1617 §1(part), 1986). 21.64.030 Maintenance--Repairs--Alterations. Except as otherwise provided in this chapter, a nonconforming build- ing or structure may be maintained, repaired and minor alter- ations made, provided that no structural alterations shall be made except those required by law or ordinance. (Ord. 1617 §1(part), 1986). 432-3 (Campbell 2/87) 21.66.010--21.66.040 Chapter 21.66 NONCONFORMING USES Sections: 21.66.010 Purpose. 21.66.020 Continuation and change of use. 21.66.030 Expansion prohibited. 21.66.040 Nonconforming use of land. 21.66.050 Nonconformance due to reclassification. 21.66.010 Purpose. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting expansion, enlargement, or intensification, by prohibiting reestablishment after abandonment, by prohibiting the alter- ation of the structures they occupy, and by prohibiting restoration after destruction. (Ord. 1617 §1(part), 1986). 21.66.020 Continuation and change of use. (a) The nonconforming use of a building or structure, lawfully estab- lished prior to the enactment of rezoning, reclassification, or change of regulations, may be continued only in conformity with the provisions of this chapter (b) The nonconforming use of a building or structure may be changed to a use of the same or more restricted classification (as determined by the planning director); but, where the nonconforming use of a building or structure is changed to a use of a lesser intensity, it shall not thereafter be changed to a use of greater intensity. (c) Whenever a nonconforming use has been abandoned or discontinued for a continuous period of one year, the nonconforming use shall not be re-established; and, the use of the structure and site thereafter shall comply with the regulations for the district in which it is located. (Ord. 1617 §1(part), 1986). 21.66.030 Expansion prohibited. A nonconforming use of a building or structure shall not be expanded or extended _ into any other portion of the building or structure. (Ord. 1617 §1(part) 1986). 21.66.040 Nonconforming use of land. The nonconform- ing use of land (where no main building is involved) lawfully established prior to the exactment of zoning, rezoning, re- classification, or change of regulations, may be continued for a period of not more than five years from when it became nonconforming, provided: (1) That no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoin- ing property. 432-5 (Campbell 2/87) 21.70.020--21.70.030 21.70.020 Application. Application for a variance shall be filed with the planning director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. The planning director shall prescribe the form of appli- cation and the data to be filed with the application. The application shall be accompanied by statements, plans, and evidence showing: (1) That there are exceptional or extraordinary cir- cumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to the land, buildings, or uses in the same district; (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioners; (3) The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located. (Ord. 1617 §1(part), 1986). 21.70.030 Action by planning commission. (a) The planning commission shall hold a public hearing and decide all applications for variances within sixty days of the date of acceptance of the application, unless the application is continued with the concurrence of the applicant, in which case the sixty-day period may be exceeded. The public hear- ing shall be noticed as prescribed in Chapter 21.78, Public Hearing Notice Procedures. (b) After public hearing, the planning commission (or city council upon appeal) may grant a variance only after finding that: (1) Strict or literal interpretation and enforce- ment of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance. (2) There are exceptional or extraordinary cir- cumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to -other properties classified in the same zoning district. (3) Strict or literal interpretations and enforce- ment of the specified regulation would deprive the appli- cant of privileges enjoyed by the owners of other properties classified in the same zoning district. (4) The granting of the variance will not consitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 432-7 (Campbell 2/87) 21.72.010--21.72.040 for one year from date of the denial, unless, in the opinion of the planning commission, new evidence is submitted or conditions have changed to_ an extent that further consideration is warranted. (Ord. 1617 §1(part), 1986). Sections: 21.72.010 21.72.020 21.72.030 21.72.040 21.72.050 21.72.060 21.72.070 21.72.080 21.72.090 21.72.100 21.72.110 21.72.120 Chapter 21.72 CONDITIONAL USES Purpose. Use permit required. Application. Site and architectural review. Action by planning commission. Notification of decision. Right of appeal. Expiration--Extension--Reinstatement. Modifications of approval. Limitation on new application. Revocation. Additional uses permitted. 21.72.010 Purpose. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only upon certain conditions in specific locations in a zoning district. (Ord. 1617 §1(part), 1986). 21.72.020 Use permit required. No use shall be estab- lished in any existing building or structure, nor any build- ing or structure created, erected, constructed, enlarged, placed or installed on any site for which a conditional use permit is required until such time the conditional use per- mit is granted. (Ord. 1617 §1(part), 1986). 21.72.030 Application. Application for a conditional use permit shall be filed with the planning director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. The planning director shall prescribe the form of application and data to be filed with the application. (Ord. 1617 §1(part), 1986). 21.72.040 Site and architectural review. Applications for use permits which include development plans are subject to site and architectural review as prescribed in Chapter 21.42, "S" Site and Architectural Review, which is herein incorporated by reference. (Ord. 1617 §1(part), 1986). 432-9 (Campbell 2/87) 21.72.070--21.72.110 In the case of approval, the notification shall include all conditions and time limits imposed by the planning commission. (Ord. 1617 §1(part), 1986) . 21.72.070 Right of appeal. Any person aggrieved by the decision of the planning commission may appeal to the city council within ten days of the date of decision in the manner specified in Chapter 21.80, Appeals. (Ord. 1617 §1 (part) , 1986) . 21.72.080 Expiration--Extension--Reinstatement. Un- less otherwise specified, any approval granted under this chapter shall be valid for one year from the date such approval was granted. Within this one year period either (1) a building permit must be obtained, and construction completed one year thereafter; or (2) the use must be estab- lished on the property (if no building permit is required). Failure to complete (1) or (2) above will result in the use permit being void. Upon written application, the planning commission may extend the expiration date or reinstate an expired use per- mit. All applications for extensions or reinstatements shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. If the use for which the approval was granted is dis- continued for a period of one year, the use permit shall be void. (Ord. 1617 §1(part), 1986). 21.72.090 Modifications of approval. The planning commission may, upon written application, permit a modifi- cation to the approved plans, the use, or a change in the imposed conditions. All applications for modification of approval shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. (Ord. 1617 §1(part), 1986). 21.72.100 Limitation on new application. In case an application is denied by the planning commission, or on appeal by the city council, unless specifically stated to be without -prejudice, it shall not be eligible for resub- mittal for one year from date of denial, unless, in the opinion of the planning commission, new evidence is sub- mitted or conditions have changed to an extent that further consideration is warranted. (Ord. 1617 §1(part), 1986). 21.72.110 Revocation. (a) The planning director shall issue a notice of noncompliance for any failure to comply with a condition of a conditional use permit or for failure to comply with any state law or local ordinance, or if the 432-11 (Campbell 2/87) 21.74.010--21.74.040 Chapter 21.74 AMENDMENTS Sections: 21.74.010 Purpose. 21.74.020 Initiation of amendment. 21.74.030 Application. 21.74.040 Action by planning commission. 21.74.050 Action by city council. 21.74.060 Notification of decision. 21.74.070 Limitation of new applications. 21.74.080 Interim ordinance. 21.74.090 Prezoning of unincorporated territory. 21.74.010 Purpose. This title may be amended by changing the regulations, district boundaries, or classifi- cations of property whenever the public necessity, con- venience and the general welfare require such amendment, by following the procedure of this chapter. (Ord. 1617 §1 (part) , 1986) . 21.74.020 Initiation of amendment. (a) A change in the classification of a piece of property or a change in district boundaries may be initiated by the planning com- mission, the city council, by a written application of a person having a legal or equitable interest in the subject property, or by a majority of the property owners when an area is being considered for amendment. (b) An amendment to the zoning text so as to change a .regulation may be initiated by the planning commission, the city council, or any interested party. (Ord. 1617 §1 (part), 1986). 21.74.030 Application. Application for an amendment shall be filed with the planning director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the city council, no part of which is refundable. The planning director shall pre- scribe the form of application and data to be filed with the application. (Ord. 1617 §1(part), 1986). 21.74.040 Action by planning commission. (a) The planning commission shall not hold a public hearing for an amendment. The hearing shall be noticed as prescribed in Chpater 21.78, Public Hearing Notice Procedures. (b) Following public hearing and within sixty days after the acceptance of the application, unless this time 432-13 (Campbell 2/87) 21.74.090--21.78.020 prohibiting any uses which may be in templated zoning proposal which the mission, or the planning department to study within a reasonable time. 1986) . conflict with a con - council, planning com- is considering or intends (Ord. 1617 §1(part), 21.74.090 Prezoning of unincorporated territory. The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this chapter for prezoning within the city. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 1617 §1 (part) , 1986) . Chapter 21.78 PUBLIC HEARING NOTICE PROCEDURES Sections: 21.78.010 Purpose 21.78.020 Manner of giving notice. 21.78.010 Purpose. This chapter specifies the pro- cedures to be followed by the city in noticing public hear- ings. By following these procedures, it is intended that interested individuals and groups will be aware of the proposals under the consideration and may offer their input into the decision -making process. (Ord. 1617 §1(part), 1986). 21.78.020 Manner of giving notice. Whenever notice of hearing is required by this title, it shall contain the time, place and general purpose of the hearing and be given in the following manner: (1) For public hearings involving a specific parcel(s) of property, notification shall be given: (A) By first-class mail to the applicant(s) at the address indicated on the application form; (B) By mailing notices by first-class mail to the owner(s), as shown on the last equalized assessment roll adopted by the county of Santa Clara prior to the date the application was filed, of the parcels of land which either (in their entirety or in part) are situated within three hundred feet of any part of the parcel(s) of land which is the subject of the application. Notice to such owners will be sent to their addresses as shown on said assessment roll; 432-15 (Campbell 2/87) 21.80.030--21.80.060 Ministerial actions granting or denying a permit under this title are final and may not be appealed. (Ord. 1617 §1 (part), 1986). 21.80.030 Appeals from decision of planning commission. An appeal may be made to the city council by the applicant or any other interested party from any decision of the plan- ning commission under this title. Such appeal shall be filed with the city clerk. (Ord. 1617 §1(part), 1986). 21.80.040 Requirements for appeals. All appeals shall be made by filing a written notice thereof, signed by the appellant, clearly identifying the decision or interpretation from which the appeal has been taken and the grounds for appeal. The notice of appeal must be received by the plan- ning director or the city clerk pursuant to Sections 21.80- .020 and 21.80.030 not later than ten calendar days following the date of the action from which the appeal has been taken. Any decision not appealed within the ten-day period shall be final. (Ord. 1617 §1(part), 1986). 21.80.050 Action by planning commission. (a) An appeal to the planning commission from a discretionary administrative decision or interpretation shall be scheduled for hearing at the earliest regular meeting of the planning commission consistent with agenda preparation requirements and meeting schedules. The planning commission shall not be required to hold a public hearing, however nothing herein shall prevent the planning commission, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject of appeal. (b) The planning commission may affirm, reverse or modify the administrative decision or -interpretation, and may refer the matter back to the planning director or other city official for such further action as may be directed by the planning commission. The commission shall make such findings as may be required to support its decision. (Ord. 1617 51(part), 1986). 21.80.060 Action by city council. (a) An appeal to the city council from a decision of the planning commission shall be scheduled for hearing at the earliest regular meet- ing of the city council consistent with agenda preparation requirements and meeting schedules. The city council shall not be required to conduct a noticed public hearing unless the action by the planning commission was taken in connection with a proceeding which required public hearing; provided, however, that nothing herein shall prevent the city council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of appeal. 432-17 (Campbell 2/87) 21.82.050--21.82.070 district boundary lines on the district map shall be deter- mined by the scale contained on such map, and where uncer- tainty exists, the district boundary line shall be determined by the commission by written decision. In the event property which is shown as acreage on the district map has been or is subsequently subdivided into lots and blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map into different arrange- ment of lots and blocks than shown on the district map, the commission, after notice to the owners of property af- fected thereby and hearing, may interpret the district map and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street and lot layout on the ground. Such interpretations or adjustments shall be by written decision, and thereafter the copies of the district map shall be changed to conform thereto. (Ord. 1617 §1 (part) , 1986) . 21.82.050 Symbol for district. Where one symbol is used on the district map to indicate the district classifi- cation for an area divided by an alley or alleys, the symbol shall establish the classification of the whole of such area. (Ord. 1617 §1(part), 1986). 21.82.060 Street or right -of -way --Allocation or divi- sion. A street, alley, railroad or railway right-of-way, watercourse channel or body of water, included on the dis- trict map shall, unless otherwise indicated, be included within the district of adjoining property on either side thereof; and where such street, alley, right-of-way, water- course, channel or body of water serves as a boundary be- tween two or more different districts, a line midway in such street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of the long dimension thereof shall be considered the boundary between districts. (Ord. 1617 §1(part), 1986). 21.82.070 Vacated street or alley. In the event a dedicated street or alley shown on the district map is va- cated by ordinance, the property formerly in the street or alley shall be included within the district of the adjoining property on either side of the vacated street or alley. In the event said street or alley was a district boundary be- tween two or more different districts, the new district boundary shall be the former centerline of the vacated street or alley. (Ord. 1617 §1(part), 1986). 432-19 (Campbell 2/87) 21.86.020--21.88.030 21.86.020 Certificate required. After the effective date of the ordinance codified in this title, no land shall be occupied or used, except for agricultural uses, and no structure erected, moved, altered, or enlarged shall be occupied or used, until a certificate of occupancy shall have been issued by the building official. (Ord. 1617 51 (part) , 1986) . Chapter 21.88 ENFORCEMENT Sections: 21.88.010 Purpose. 21.88.020 Permits, certificates and licenses. 21.88.030 Duties of the planning director. 21.88.040 Penalties. 21.88.010 Purpose. This chapter is intended to in- dicate the responsibilities for the enforcement of the Zoning Code and the penalties for violations. (Ord. 1617 §1 (part) , 1986) . 21.88.020 Permits, certificates and licenses. All departments, officials and employees of the city vested with the duty or authority to issue permits, certificates or licenses shall comply with the provisions of this title, and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void. (Ord. 1617 §1(part), 1986). 21.88.030 Duties of the planning director. It shall be the duty of the planning director or such other person as the city council may designate, to enforce this title. The planning director may serve notice requiring removal of any structure or use in violation of this title. The planning director may call upon the city attorney to in- stitute necessary legal proceedings to enforce the provisions of this title, and the city attorney hereby is authorized to institute appropriate action to that end. The planning director may call upon the chief of police and his authorized agents to assist in the enforcement of this title. (Ord. 1617 §1(part), 1986). 432-21 (Campbell 2/87) 1114� _Z�71 21.61.060 Satellite Dish Antennas. The City Council of the City of Campbell finds that satellite dish antennas of greater than 3 feet in diameter tend to be highly visible, and consequently cause visual blight to the detriment of the community's aesthetics and welfare. This visual blight could be expected to detract from the overall desireability of real property in the community, depressing property values and contributing to general deterioration. Therefore, subject to the exceptions set forth in Subsection C, the City hereby requires that all satellite dish antennas larger than 3 feet in diameter established to receive transmissions from satellites shall conform to the following regulations: A. Residential Zoning District. Dish antennas to be erected in any residential zoning district shall conform to the following regulations: 1. Shall not be visible from a public or private street, unless adequately screened by landscaping and/or materials that harmonize with the elements and characteristics of the property; 2. Shall not be located in any front yard or any yard adjacent to a public or private street; 3. The maximum height shall be 14 feet; 4. Shall be set back from the property line a distance equal to the height of the antenna; 5. Shall not be located in parking or driveway areas. B. All Nonresidential Zoning Districts. Dish antennas to be erected in any nonresidential zoning district shall conform to the following regulations: 1. Shall not be located in parking or driveway areas; 2. Shall not be located in any front yard, yard adjacent to any public or private street, or in any required setback; 3. Shall not be visible from any public or private street unless adequately screened by landscaping and/or materials that harmonize with the elements and characteristics of the property; 4. Shall not be higher than the maximum height allowed by the district. C. Exceptions. Notwithstanding Subsections A and B, the users of the satellite dish antennas shall be granted such deviations from the regulations of this Section as are necessary to -insure that such regulations will not: -6- 1. Operate to prevent, or impose unreasonable limitations on the reception of satellite delivered signals; or 2. Impose cost on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment. The deviation permitted by this Subsection may not be any greater than is necessary to achieve the ends of this Subsection. D. Application for Approval. Prior to installing any dish antenna regulated by the Section, a site plan and elevations shall be submitted for approval of the Planning Director, along with reasons for any requested deviation from the regulation of Subsection A or B. If no deviation is requested, the Director shall review the proposed placement for compliance with this Section and approve, disapprove, or modify, the proposed placement. If approved by the Planning Director, a building permit application shall be submitted as required and a building permit obtained prior to installation. The applicant shall have the right to appeal the determination of the Planning Director to the Planning Commission by submitting a written request to the Planning Commission within 10 days of the Director's determination. E. Referral of Request for Deviation. All requested deviations from the regulations of Subsections A or B shall be referred to the Planning Commission. F. Hearing by the Planning Commission. In the event of an appeal or referral to the Planning Commission, the applicant shall be notified at least 10 days prior to the hearing that he has a right to appear and address the Commission. Such notice shall specify the date, time and location of the hearing. At the hearing, the Commission shall review all relevant evidence, and render a determination as follows: 1. If the Commission finds that all the applicable requirements of Subsection A and B have been met, it shall approve the application; 2. If the Commission finds that the requirements of Subsection A and B have not been fulfilled, and no deviation is required pursuant to Subsection C, then the Commission should deny the application; 3. If the Commission finds that deviation is required pursuant to Subsection C, the Commission shall approve the application subject to the necessary deviations. -7- If the Planning Commission approves the application, the applicant shall then obtain any building permit that may be required, prior to installation. G. Appeal to City Council. Any decision of the Planning Commission may be appealed to the City Council by submitting a written request to the City Clerk within 10 days after the determination of the Planning Commission. The City Council shall then hold a hearing in the same manner as set for the Commission in Subsection F. THE F0AFGOING INSTRUMFW IS A TRUF ANC COPPFCT COPY OF THE ORIGINAL ON FIIE IN THIS OFFICE. ATTEST: 6ARBPPA O'-FA"Y, CITY CLERK, CITY Of AMF`bELL, CALIFORNIA, � 8Y � �� / Q � � /l '�� [La//r:'�✓ DATED / -8-