PC Agenda Packet (2024-02-13)Planning Commission
REGULAR MEETING AGENDA
Tuesday, February 13, 2024 | 7:30 PM
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER / ROLL CALL
This Planning Commission meeting will be conducted in person and virtually via video
teleconferencing (Zoom) in compliance with the provisions of the Brown Act. Members of the
public may attend this meeting in person at Campbell City Hall or virtually via Zoom at
https://campbellca.gov/PCSignup. The meeting will also be live streamed on Channel 26, the
City's website, and on YouTube at https://www.youtube.com/@CityofCampbell.
Written correspondence will be accepted via email at planning@campbellca.gov until 5:00 PM
on the day of the meeting, and thereafter may be delivered in-person at the public hearing.
Written correspondence will be posted to the City’s website and distributed to the Planning
Commission. If you choose to email your comments, please indicate in the subject line “FOR
PUBLIC COMMENT” and indicate the item number.
APPROVAL OF MINUTES
1.Approval of Minutes of January 23, 2024 (Roll Call Vote)
➢Meeting Minutes, 1/23/2024 (Regular Meeting)
COMMUNICATIONS
AGENDA MODIFICATIONS OR POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits
the Commission from acting on non-agendized items, however, the Chair may refer matters to
staff for follow-up.
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of
five (5) minutes for opening statements and up to a total of three (3) minutes maximum for
closing statements. Items requested/recommended for continuance are subject to Planning
Commission’s consent at the meeting.
Planning Commission Agenda for February 13, 2024 Pg. 2
2. PLN-2023-59 – 48 Civic Center Drive
Public Hearing to consider the request of Evan Jaques on behalf of Out of the Barrel, Inc.,
to allow construction of an approximately 3,100 square-foot two-level commercial
building with a rooftop deck including a prefab kitchen module, a ground-level patio
bounded by a 6-foot fence, and the associated realignment of the Civic Center Drive curb-
line (to accommodate refuse pickup and deliveries); and establishment of a "taproom"
inclusive of on-site beer and wine beverage service with incidental off-site sales, ancillary
food service, and live entertainment, with a 11:00 PM daily public closing time. The
application(s) under consideration include a Conditional Use Permit with Site and
Architectural Review for construction of the proposed building for a "Liquor
Establishment" (beer and wine sales), with "Late Night Activities" (staff closing/clean-up
after 11:00 PM and before 6:00 AM), and a "Dancing and/or Live Entertainment
Establishment" (musicians providing background music); and a Tree Removal Permit for
removal of "protected" tree(s), on property located at 48 Civic Center Drive. File No.: PLN-
2023-59. Staff is recommending that this item be deemed Categorically Exempt under
CEQA. Planning Commission action is final unless appealed in writing to the City Clerk
within 10 calendar days. Project Planner: Daniel Fama, Senior Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), approving a
Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.
3. PLN-2023-175 – Permissibility of Land Uses and Regulation of Businesses
Public Hearing to consider amendments to Title 21 (Zoning), Title 5 (Business Licenses and
Regulations), and Title 10 (Vehicles and Traffic) of the Campbell Municipal Code related
to the permissibility of land uses and regulation of businesses. File No.: PLN-2023-175.
Staff is recommending that this project be found Categorically Exempt under CEQA.
Tentative City Council Date: March 19, 2024. Project Planner: Stephen Rose, Senior
Planner.
Recommended Action: Adopt a Resolution, recommending that the City Council adopt an
Ordinance amending Title 21 (Zoning), Title 5 (Business Licenses and Regulations), and
Title 10 (Vehicles and Traffic) of the Campbell Municipal Code.
STUDY SESSION
4. PLN-2024-19 – General Plan Land Use Densities
Study Session to discuss land use changes implemented as part of the 2040 General
Plan.
Project Planner: Stephen Rose, Senior Planner.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ADJOURNMENT
Adjourn to the Planning Commission meeting of February 27, 2024, at 7:30 PM, in the City Hall
Council Chambers, 70 North First Street, Campbell, California and via telecommunication.
Planning Commission Agenda for February 13, 2024 Pg. 3
Americans with Disabilities Act (ADA)
In compliance with the Americans with Disabilities Act, listening assistance devices are available
for meetings held in the Council Chambers. If you require accommodation to participate in the
meeting, please contact the City Clerk’s Office at ClerksOffice@campbellca.gov or 408-866-2117
in advance of the meeting.
PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, January 23, 2024 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of January 23, 2024, was called to order at 7:30 pm by
Chair Zisser, and the following proceedings were had to wit.
ROLL CALL
Staff Present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Stephen Rose, Senior Planner
Daniel Fama, Senior Planner
Nishant Seoni, Contract Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of January 9, 2024 (Roll Call Vote)
➢ Meeting Minutes, 1/9/2024 (Regular Meeting)
➢ Commissioners present at 1/9/24 Planning Commission meeting approved
meeting minutes.
o Commissioners Fields and Buchbinder abstained.
Planning Commissioners Present:
Alan Zisser, Chair
Matt Kamkar, Vice Chair
Adam Buchbinder
Davis Fields
Michael Krey
Cori Majewski
Planning Commissioners Absent:
Maggie Ostrowski
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 2 of 11
COMMUNICATIONS
Director Eastwood reported :
• The Planning Commission received a letter an hour ago concerning Agenda Item 5, which
was distributed via email and hard copies.
AGENDA MODIFICATIONS OR POSTPONEMENTS
None.
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the
Commission from acting on non-agendized items, however, the Chair may refer matters to staff
for follow-up.
Opened Public Comment.
No public comments were received.
Closed Public Comment
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five
(5) minutes for opening statements and up to a total of three (3) minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Planning
Commission’s consent at the meeting.
Vice Chair Kamkar disclosed with respect to Item 3, 946 McGlincy Lane, that he had visited the
site.
Commissioner Krey disclosed with respect to Item 2, 1402 Camden Avenue, and Item 3, 946
McGlincy Lane, that he had visited both sites but spoke to no one.
Due to technical difficulties it was requested the Planning Commission hear Item 3 before Item 2.
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 3 of 11
3. PLN-2021-215 – 946 S McGlincy Lane
Continued Public Hearing to consider the request of Denny Kobza on behalf of Terra Firma
Development & Holdings LLC to allow construction of an approximately 10,250 square
foot industrial/warehouse building, with an exception to the side setback requirement, on
property located at 940/946 S McGlincy Lane. The application under consideration is a
Site and Architectural Review Permit. File No.: PLN-2021-215. Staff is recommending that
this item be deemed Categorically Exempt under CEQA. Planning Commission action is
final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner:
Daniel Fama, Senior Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), approving a Site and
Architectural Review Permit.
Chair Zisser opened the Public Hearing for Agenda Item No. 3.
Daniel Fama, Senior Planner, provided the staff report.
Chair Zisser asked for Commission questions of staff.
Chair Zisser, Vice Chair Kamkar, and Commissioners Buchbinder, Krey, Fields, and Majewski had
questions and Planner Fama responded.
Chair Zisser opened Public Comment.
Brandon Pasek of Terra Firma Development & Holdings LLC, Property Owner, made a
presentation.
Chair Zisser asked for Commission questions for the property owner.
Chair Zisser and Commissioner Buchbinder had questions and Mr. Pasek responded.
Chair Zisser asked for members of the public wishing to speak. There were no public comments.
Chair Zisser closed Public Comment.
Chair Zisser asked for Commission discussion.
Commissioner Fields was sympathetic to neighbors losing property sight lines, but said a lot of
effort had been put into allowing similar sized properties to be the same height, and as the
applicants are following all guidelines he found nothing to cause him to deny the project.
Commissioner Majewski agreed with Commissioner Fields that the project is in line with what is
allowed in that industrial area. She noted the properties are oriented to be free of shadow; and
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 4 of 11
also noted neighbors’ concerns regarding shading, but she did not believe it to be a valid reason
to deny the project.
Commissioner Buchbinder did not believe this should be discretionary. He said the rules are
straightforward and they are just making it extra uncertain. He noted there are already trees
casting shadows on the neighboring properties, and he sympathized with the difficulty of having
views change after many years but said this warehouse would not be a skyscraper.
Commissioner Krey agreed with his fellow commissioners and he supported the project, but said
there is definitely an impact to the neighbors and he sympathized with them. He acknowledged
the project follows the rules and the area is industrial where this type of project is allowed to
happen. He said it is unfortunate that the parapets are not included as part of the building height,
but said it could have been a lot worse for the neighbors. He questioned how much it would help
to require a 12-foot setback rather than 10 feet.
Vice Chair Kamkar agreed with his fellow commissioners that the applicant has complied with all
the requirements and rules. He said it is a good project and he did not believe it would impact the
neighbors as much as they fear.
Chair Zisser agreed with his fellow commissioners that the applicant complies with the City’s
requirements and he supported the project. He appreciated the neighbors’ concerns, but said
anyone buying property adjacent to an industrial area takes a risk as to what happens there in
the future. He noted the neighbors’ back yards contain many trees to provide a buffer. He said
there might be some shadowing, but that is what they deal with as the City grows.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the
Planning Commission motioned to grant approval of a Site and Architectural
Review Permit to allow construction of an approximately 10,250 square foot
industrial/warehouse building, with an exception to the side setback
requirement, on property located at 940/946 S McGlincy Lane. File No.: PLN-
2021-215, by the following roll call:
AYES: Fields, Majewski, Buchbinder, Krey, Kamkar, Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 3.
2. PLN-2023-174 – 1402 Camden Avenue
Public Hearing to consider the request of Roddy Diaz on behalf of Latin Asian Fusion
Kitchen to allow for beer and wine sales (liquor establishment) in association with an
existing restaurant with a 5:00 AM operational opening (late night activities), community
cooking classes, and private events on property located at 1402 Camden Avenue. The
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 5 of 11
application under consideration is a Conditional Use Permit. File No.: PLN-2023-174. Staff
is recommending that this item be deemed Categorically Exempt under CEQA. Planning
Commission action is final unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Nishant Seoni, Contract Associate Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), approval a
Conditional Use Permit.
Chair Zisser opened the Public Hearing for Agenda Item No. 2.
Nishant Seoni, Associate Planner, provided the staff report.
Chair Zisser asked for Commission questions for staff.
Chair Zisser and Commissioners Fields and Krey had questions and Planner Seoni responded.
Chair Zisser opened Public Comment.
Roddy Diaz with Latin Asian Fusion, Applicant, made a presentation.
Chair Zisser asked for Commission questions for the applicant.
Chair Zisser and Commissioner Buchbinder had questions and Mr. Diaz responded.
Chair Zisser asked for members of the public wishing to speak. There were no public comments.
Chair Zisser closed Public Comment.
Chair Zisser asked for Commission discussion.
Commissioner Buchbinder said the applicant’s request seemed reasonable.
Commissioner Krey said the project seemed fine to him.
Vice Chair Kamkar agreed with his fellow commissioners.
Commissioner Fields was very supportive of the project.
Commissioner Majewski supported the project.
Chair Zisser agreed with his fellow commissioners, saying this would be a minimal change and he
supported the project.
Motion: Upon motion by Vice Chair Kamkar the Planning Commission motioned to grant
approval of a Conditional Use Permit to allow for beer and wine sales (liquor
establishment) in association with an existing restaurant with a 5:00 AM
operational opening (late night activities), community cooking classes, and
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 6 of 11
private events on property located at 1402 Camden Avenue. File No.: PLN-2023-
174.
Chair Zisser requested the motion be amended to 7:00 AM service start.
The maker of the motion accepted the amendment to the motion.
Seconded by Commissioner Buchbinder.
By the following roll call:
AYES: Fields, Majewski, Buchbinder, Krey, Kamkar, Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 2.
4. PLN-2023-175 – Permissibility of Land Uses and Regulation of Business
Public Hearing to consider amendments to Title 21 (Zoning) and Title 5 (Business Licenses
and Regulations) of the Campbell Municipal Code related to the permissibility of land uses
and regulation of businesses. File No.: PLN-2023-175. Staff is recommending that this
project be deemed Categorically Exempt under CEQA. Tentative City Council Date: March
19, 2024. Project Planner: Stephen Rose, Senior Planner.
Recommended Action: Make a motion to continue consideration of the subject item to
the Planning Commission meeting of February 13, 2024.
Chair Zisser opened the Public Hearing for Agenda Item No. 4.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the
Planning Commission motioned to continue the public hearing regarding
Permissibility of Land Uses and Regulation of Business to a date certain of
February 13, 2024. File No.: PLN-2023-175, by the following roll call:
AYES: Fields, Majewski, Buchbinder, Krey, Kamkar, Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 4.
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 7 of 11
5. PLN-2023-155 – Zoning Map, Housing Overlay Districts, and Related Zoning Code Text
Amendments
Continued Public Hearing to consider the establishment of a new Zoning Map
incorporating three new Housing Overlay Districts and adoption of related Zoning Code
Text Amendments. File No.: PLN-2023-155. Staff is recommending that this project be
found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030566)
prepared for the 2040 General Plan and 2023-2031 Housing Element. Tentative City
Council Date: February 6, 2024. Project Planner: Stephen Rose, Senior Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), recommending that
the City Council adopt an Ordinance establishing a new Zoning Map, three new Housing
Overlay Districts, and related Zoning Code Text Amendments.
Chair Zisser opened the Public Hearing for Agenda Item No. 5.
Senior Planner Rose presented the staff report to consider the establishment of a new Zoning
Map incorporating three new Housing Overlay Districts and adoption of related Zoning Code Text
Amendments.
Commissioners were informed why there are no funds available for Campbell’s housing program,
because the funds generated by old redevelopments that the program has lived off of has run out
and the City has not collected new revenues into its affordable housing fund. The City is looking
at new revenue sources: nexus fees, commercial linkage fees, in lieu fees, and grants.
Commissioners inquired why the City is offering the three levels of very-low, low, and moderate
income, and were informed the City’s RHNA touches on each of these income categories, and the
City needs more of all three and does not have a great track record of hitting any of them.
The Commission was informed it does not have the ability to exempt BMR projects from CEQA,
and that the affordable housing overlay requires either administrative or ministerial permit,
depending on CEQA.
Staff clarified that the overlay zone could not be extended to cover the entire 5-19% range,
because it is an incentive specifically targeting the allowable density of the project, so they would
already qualify under State density bonus law without that incentive being offered.
The Commission was informed with respect to whether the incentives the City is offering might
result in more affordable housing that the incentive affordable housing developers indicate is of
paramount importance is some type of financial incentive like reduction in park in lieu fees, which
helps them score higher when they apply for other outside agency funding, which is difficult for
them to do without some type of match.
The Commission inquired as to whether the City is making special efforts for very-low-income
housing as opposed to low-income or moderate, and were informed the City extended the
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 8 of 11
programs to include very-low income, and the general approach was extending State bonus
density law across all three categories. The program is geared more towards supporting very-low-
income units than the other two categories.
Planner Rose explained the difference between administrative and ministerial on permits. The
administrative decision process is decided on by the community development director, is publicly
noticed, has a report, a decision is rendered, and it is appealable. The ministerial process is if all
the objective requirements are met a project is effectively approved, with no public notice, and it
is a financial plus for a developer to be able to do ministerial versus administrative, because it
offers significant time and cost savings.
Staff reviewed the Campbell Affordable Homeownership sales prices for studios through 4
bedrooms in the three income categories as of 9/26/23; the pricing varies by rental vs. ownership
and by income limits.
Planner Rose clarified a previous comment by saying the City’s Affordable Housing Overlay, the
ordinance itself, does cover all three categories of affordability: very-low-, low-, and moderate-
income, and the actual table from the ordinance is far more encompassing.
The Commission inquired what a developer gets from the new three-year permit approval period,
and was informed that it is offers them a longer time period to go through the process, giving
developers greater assurance that their time and energy spent titling the project won’t be subject
to the new State laws or local changes that could affect their project.
Chair Zisser suggested the First Street Parking Garage, a City-owned property, should still be
considered for affordable housing. The garage has legal implications, but the City should work
hard to overcome them, because a few levels of the garage could be turned into residential. He
suggested the Commission put into its resolution that it recommends looking further into the
First Street Parking Garage property being considered under the City-owned property part of
affordable housing.
Vice Chair Kamkar discussed reusing a structure like the parking garage for housing and the need
to rebuild the foundation because is not designed for the additional weight of the housing. He
also discussed the City Council’s reason for removing the garage from the consideration list.
Staff clarified that the City may be unlikely to see the development of 100% affordable projects at
all without a reduction of park in lieu fees, which could be seen as a net positive, because the City
would actually see park fees they otherwise wouldn’t have with such a project.
Chair Zisser open Public Comment.
Chair Zisser asked for members of the public wishing to speak.
Jacob Billitteri with Charities Housing, an affordable housing developer working on a 100%
affordable project in Campbell in collaboration with the Santa Clara Methodist Retirement
Foundation, supported staff’s recommendations as a good step in addressing issues created by
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 9 of 11
Campbell’s lack of public funds, particularly the park in lieu fee reductions that would be helpful
to them when applying for State funding or for tax credits to finance 100% affordable deals, and
it reduces total development costs. They also supported the extended permit approval period as
well as staff’s recommendations regarding cost reduction measures, such as modular
construction. He confirmed unit mixes would be approximately 100 units and they would focus
on 30% area median income to 50% area median income, so it would be an ELI/VLI development.
They could be able to get financing if they can reduce their total development costs, and they
would do that by using modular construction.
Chair Zisser closed Public Comment.
Chair Zisser asked for Commission discussion.
Commissioner Fields appreciated learning about the three levels of housing and why they are
going after all three. He felt slight trepidation at the new proposal to allow 100% affordable with
nothing but adjacency for fear of eyesores popping up, but was very supportive of the first three
of staff’s recommendations being passed on to City Council.
Commissioner Majewski said she had the same questions about the lack of design review, but
believed the City needs this more streamlined process to attract affordable housing projects.
Commissioner Buckbinder was not terribly concerned regarding reducing the design standards,
saying if they end up with a huge, blocky looking affordable housing tower with 500 affordable
units, he would not be concerned. He would have liked to have seen the Commission boosting
the existing density bonus program by making those approvals by right, but he understood it is
difficult to do that without competing with the State density bonus program, and he was glad
there is a way they can lower the bar for getting ministerial or administrative approval.
Commissioner Krey was also in favor of staff’s proposal, saying Campbell would be better for it.
He said it is always a tradeoff, and they don’t want to throw design completely out the window,
but he knew they were being especially careful with the adjacency. He noted that the City Council
was against utilizing the City-owned First Street Parking Garage for affordable housing, but said if
the trends are holding and the need for affordable housing keeps growing, it would have to come
back for consideration.
Vice Chair Kamkar said it is extremely difficult to build affordable housing, mostly because it
doesn’t pencil out. He admired the Chair’s insistence on having more sites available, but said
there are other ways to do it. He said very low-income is the most difficult to build because of the
financials involved, followed by low-income and moderate-income. He supported the proposal
and did not think it goes far enough.
Chair Zisser said staff had put together a viable plan that he supported. He was less concerned
about the adjacency, but hoped the locations selected for the 100% affordable housing would
take into consideration the effect of adjacencies. He supported affordability, but said it is difficult
because most 100% affordable housing is built by non-profits, and there are not a lot of them, so
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 10 of 11
he was glad to hear Charities Housing was building in Campbell, because Campbell would be hard
pressed to hit its RHNA numbers as it is.
Staff explained the City’s in lieu fee program and that it only applies to very-low to low-density
residential projects.
Commissioner Krey had a negative bias to the in lieu fees, because developers use them to get
away from building the units. He said it was good they were putting off the in lieu fee, and said
the fees should not be too low, like they are almost everywhere else, and should be used
hesitantly.
Vice Chair Kamkar suggested they could use the in lieu fee as the City’s matching, so they could
use this matching fund against State and federal funds.
Motion: Upon motion by Commissioner Krey the Planning Commission recommended
City Council adoption of an ordinance establishing a new Zoning Map
incorporating three new Housing Overlay Zoning Districts and adoption of
related Zoning Code Text Amendments. File No.: PLN-2023-155.
Planner Rose clarified whether or not the Planning Commission was supportive of the addition
of allowing for 100% affordable projects to be alleviated from development requirements
except the adjacency specified design standards indicated and said it must be made clear if this
is to be added to the motion.
The maker of the motion amended the motion to include the addition Planner Rose outlined.
The motion was seconded by Vice Chair Kamkar.
By the following roll call:
AYES: Fields, Majewski, Buchbinder, Krey, Kamkar, Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 5.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Eastwood reported that:
• The City Council held a special meeting on 1/22/24.
o Reviewed and approved the six-lot subdivision on Sunnyside Avenue that had
come before the Planning Commission.
o Reviewed a proposed duplex on Kennedy Avenue and gave direction for
modification to the right the right-of-way and improvements to the sidewalk.
Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 11 of 11
Council continued the hearing for staff to modify the conditions, but generally
was supportive of the item.
• Campbell is now recruiting for a plan check examiner to review incoming building
permits.
Director Eastwood confirmed that building permit applications have increased over the past
couple of years.
Chair Zisser discussed subcommittees, saying the subcommittee on parking has been put on the
back burner until the new work plan in June 2024, and he agreed with staff that subcommittees
should be tied to a work plan, so they need to wait for the new work plan. He hoped they could
do something in the area of affordable housing to support staff in terms of research in that area.
ADJOURNMENT
Adjourned meeting at 10:07 p.m. to the next Regular Planning Commission Meeting on Tuesday,
February 13, 2024, in the City Hall Council Chambers, 70 North First Street, Campbell, California
and via telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Alan Zisser, Chair
ATTEST: ________________________________
Rob Eastwood, Secretary
ITEM NO. 2
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 13, 2024
PLN-2023-59
Out of the Barrel,
Inc
Public Hearing to consider the request of Evan Jaques on behalf of Out of the
Barrel, Inc., to allow construction of an approximately 3,100 square-foot two-
level commercial building with a rooftop deck including a prefab kitchen
module, a ground-level patio bounded by a 6-foot fence, and the associated
realignment of the Civic Center Drive curb-line (to accommodate refuse
pickup and deliveries); and establishment of a "taproom" inclusive of on-site
beer and wine beverage service with incidental off-site sales, ancillary food
service, and live entertainment, with a 11:00 PM daily public closing time.
The application(s) under consideration include a Conditional Use Permit with
Site and Architectural Review for construction of the proposed building for a
"Liquor Establishment" (beer and wine sales), with "Late Night Activities"
(staff closing/clean-up after 11:00 PM and before 6:00 AM), and a "Dancing
and/or Live Entertainment Establishment" (musicians providing background
music); and a Tree Removal Permit for removal of "protected" tree(s), on
property located at 48 Civic Center Drive. File No.: PLN-2023-59.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment A), approving a Conditional Use Permit with Site and
Architectural Review and a Tree Removal Permit.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission accept a determination that this project is Categorically
Exempt from formal review under Section 15332 of the California Environmental Quality Act (CEQA),
pertaining to In-Fill Development Projects which are found consistent with all applicable general plan
policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses.
PROJECT DATA
Zoning Designation: CB-MU (Central Business Mixed-Use)
General Plan Designation: Central Business Mixed-Use (26-33 units/gr. acre)
Area/Neighborhood Plan: Downtown Campbell Development Plan
Lot Size: 4,480 square feet (existing)
4,320 square feet (post-ROW adjustment)
Height: 24 feet 45-ft Max. Allowed
Floor Area Ratio (FAR): .73 1.5 Max. Allowed
Parking: 0 stalls 0 stalls required (per AB 2097)
Staff Report – Planning Commission Meeting of February 13, 2024 Page 2 of 23
PLN-2023-59 ~ 48 Civic Center Drive
Building Areas:
1st Level: 2,531 square feet
2nd Level (Pre-fab Kitchen): 320 square feet
Mech./Elevator Penthouse: 287 square feet
3,138 square feet 6,480 sq. ft. Max. Allowed
Hours of Operation:
Public Business Hours: 6:00 AM to 11:00 PM, daily (proposed/recommended)
Operational Hours: 5:00 AM to 12:00 AM, daily (proposed/recommended)
DISCUSSION
Project Site: The project site is an approximately 4,500 square-foot parcel located along Civic Center
Drive, across from the Campbell Library, as shown on the aerial map, below. The site is located in the
newly renamed Central Business Mixed-Use (CB-MU) Zoning District and corresponding Central
Business Mixed-Use General Plan land use district, and is subject to the Downtown Campbell
Development Plan. The property is a remnant parcel that was created when the "loop streets" of Civic
Center Drive and Orchard City Drive were constructed in the mid-1970's and has remained vacant since
that time. The property had long been owned by the City's defunct Redevelopment Agency and was
subsequently sold when the agency was dissolved.
Proposed Project: The submitted application for a Conditional Use Permit with Site and Architectural
Review would allow construction of an approximately 3,100 square-foot two-level commercial
building with a rooftop deck including a prefabricated kitchen module, a ground-level patio, and related
off-site improvements (reference Attachment B – Project Plans). As described in the applicant's
Project Description (reference Attachment C), the proposed building would be programmed to
accommodate a "high-end craft beer taproom" operating under a beer and wine license, with a small
cooking facility and including ancillary live entertainment. Hours of operation are proposed to be 6:00
AM to 11:00 PM for the public, with an additional hour at either end for staff clean-up/preparation
activity. A preliminary application for this proposal was previously reviewed by the Planning
Commission at a November 22, 2022 study session, which is viewable on YouTube (reference
Attachment D – Meeting Minutes).
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PLN-2023-59 ~ 48 Civic Center Drive
ANALYSIS
Scope of Review: The City's new General Plan and revised Zoning Code went into effect on June 2,
2023. New Campbell Municipal Code (CMC) Section 21.030.050 provides a limited "safe harbor"
provision for applications submitted prior to this date, indicating that they "may be carried out, or
extended, in accordance with the development standards and permitting procedures in effect at the time
of project submittal…" This application was received by the City on May 22, 2023, and therefore is
evaluated under the provisions of the Zoning Code prior to the recent update. However, the
development standards applicable to the project did not change, with the exception of new noise
standards, which have yet to be implemented.
Consideration in Review of Applications: In review of a Site and Architectural Review Permit, the
Zoning Code (CMC Sec. 21.42.040) directs the Planning Commission to consider certain design and
layout aspects of the proposal prior to rendering a decision, referenced to as "considerations". The
following identifies these considerations and application consistency.
A. Considerations relating to traffic safety, traffic congestion, site circulation, and parking:
Site Circulation and Parking: The proposed structure would occupy the majority of the parcel
area, as shown on the architectural site plan, below. This includes the enclosed portion of the
building as well as the cantilevered element that would form a covered patio and extended rooftop
deck. The remaining portion of the parcel would be utilized as uncovered patio area, which would
be fenced from the public sidewalk. The building would be placed at a zero-setback at the entirety
of the interior-side (west) and rear (south) property lines, with portions of the structure also placed
at the front property line along the Civic Center Drive sidewalk. The CB-MU Zoning District has
no setback requirements other than those imposed by the Planning Commission or as otherwise
required by the Building Code. The building placement satisfies all Building and Fire Code
requirements as determined by the Building Official and the Deputy Fire Marshal who reviewed
the project.
No on-site parking would be provided due to the tight constraints of the property and its proximity
to the light-rail station under AB 2097, which precludes the City from applying a minimum parking
requirement. As such, there would be no internal vehicular circulation. However, a new non-
vehicular driveway would connect from the building to the street for movement of refuse
receptacles as discussed, further, below.
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PLN-2023-59 ~ 48 Civic Center Drive
The plans depict reconfiguration of the public right-of-way; a feathering of the curb-line leading to
a 55-foot-wide loading zone to accommodate trash/recycling pickup from the property, as well as
delivery trucks. This layout allows for deacceleration of vehicles as they approach the new loading
zone so as to not interfere with through traffic along Civic Center Drive. The roadway work, as
depicted in the engineering plan, below, shows extensive improvements in the public right-of-way,
including reconstruction and relocation of the sidewalk and curb-line, relocated streetlamps,
removal of street trees, new roadway and curb striping, and installation of a new stormwater
management bioretention facility.
The proposed configuration has been designed in close coordination with Public Works Department
staff, inclusive of its land development, traffic engineering, and environmental management
divisions, as well as with the City's trash hauler, West Valley Collection and Recycling (WVC&R)
to ensure that the property may be safely serviced by collection vehicles. This atypical
configuration is necessary because the City's Municipal Code requires that all properties include
appropriate refuse receptacles storage for servicing by WVC&R. There is no alternative approach
for the property to be provided such service. The alley located beyond the property to the south
cannot be used to accommodate trash pick-up since the property has no legal access to its use; as
discussed in a July 21, 2015 City Council Study Session this alley is not a public right-of-way.
Moreover, it would be impractical to move three 2-cubic yard commercial receptacles—refuse,
recycling, and organics—around the property to the alley.
Traffic Safety: Due to the unusual nature of the proposed public improvements, the City engaged
a traffic engineering firm to evaluate sight distances for the proposed loading zone and
traffic/pedestrian safety at the Harrison Avenue/Civic Center Drive intersection (reference
Attachment E – Traffic Safety Analysis). The analysis of the proposed loading zone along Civic
Center Drive, as shown in graphic on the following page, evaluated the sight distance necessary for
the safety of both exiting and approaching vehicles, specifically to ensure that vehicles can safely
spot trucks and other vehicles exiting the loading zone. Civic Center Drive, with a 25-mph speed
limit and 30-mph design speed, requires a minimum 200 feet sight distance as per the Caltrans
Highway Design Manual. The study confirms that the loading zone's placement allows for a sight
distance of at least 200 feet, compliant with the Caltrans standard.
Staff Report – Planning Commission Meeting of February 13, 2024 Page 5 of 23
PLN-2023-59 ~ 48 Civic Center Drive
Adjustments to the sidewalk and property line will also improve sight lines by removing
obstructions caused by existing landscaping. The installation of a bio-treatment area, despite
featuring guardrails above the typical driver’s eye level, will not impede visibility for approaching
traffic due to the non-solid nature of the barriers and the height of trucks in the loading area. The
project will also involve removing existing trees and relocating light poles to the new sidewalk
area, ensuring they do not block sight lines. In total, the proposed modifications along the project
frontage and at the Harrison Avenue/Civic Center Drive intersection will maintain adequate sight
distances, thus supporting vehicular safety in the vicinity of the loading zone.
With regard to pedestrian safety, the consultant observes that some taproom patrons may park in
nearby areas and walk to the establishment since the project lacks on-site parking. As it can be
anticipated that some patrons may park across the street at the Campbell Library parking lot—
which is available to the public outside of library hours—pedestrian safety for crossing Civic Center
Drive was evaluated.
The current "pork-chop" island configuration of the Harrison Avenue and Civic Center Drive
intersection requires pedestrians to cross Harrison Avenue in order to cross Civic Center Drive
since there is no crosswalk on the west-side of the intersection, increasing the crossing distance for
patrons. As a result, this may raise the chance for pedestrians to make an unsafe crossing in front
of the "taproom". However, the analysis shows that the travel speeds on Civic Center Drive are
within acceptable limits (5-mph of the 25-mph speed limit), and there has only been one incidence
of pedestrian-related accidents in the past seven years. Moreover, pedestrian crossings across Civic
Center will be limited by both the landscaping along the sidewalk on the library side as well as by
the fenced bio-treatment facility located in front of the taproom's entry, both of which would serve
to obstruct unsafe crossings.
Moreover, the existing intersection configuration has already been identified as problematic by the
City's Priority Development Area Transportation Improvement Plan (TIP), irrespective of the
proposed project. As an outcome of the TIP the City included the Downtown PDA Enhancement
Project (22-NN) in the Capital Improvement Plan (CIP) to implement the TIP improvements,
including reconfiguration to a traditional "T" intersection with crosswalks at both the east and west
sides for improvement pedestrian crossing, which is depicted, on the following page.
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PLN-2023-59 ~ 48 Civic Center Drive
For reference and coordination purposes, the plans depict the future curb-ramps that would connect
to the future crosswalks of a reconfigured intersection. Based on this information, Public Works
staff determined that the project would not result in any conflicts. Additionally, since the project
would benefit from the intersection reconfiguration—by diminishing the possibility of patrons
making an unsafe crossing across Civic Center Drive— the City will require the applicant to
contribute $10,000 as a condition of approval, for construction of an ADA curb ramp along the
project’s frontage in the future.
Lastly, the project would relocate the sidewalk further from the roadway, while incorporating a
loading area between the roadway and the sidewalk. The analysis notes that these changes would
lower the likelihood of vehicles accidentally veering onto the sidewalk, as well as diminishing the
risk of pedestrians inadvertently walking into the roadway. Similarly, the fenced bio-treatment area
would serve to buffer the sidewalk from the roadway, helping to separate pedestrians from the street
at the taproom's entrance, as depicted, below. Although the sidewalk would narrow to 5-feet in this
area, so long as the taproom ensures that its patrons do not queue outside on the sidewalk—which
as the analysis notes, is unlikely since customers would wait inside or on the patio if desiring a
table—the sidewalk should not be obstructed.
Traffic Congestion: The proposed structure is of a minimal size such that it did not require a traffic
study per the thresholds established by the VTA Congestion Management Program, and therefore
would not have a discernible effect on traffic congestion in the area. Additionally, since the project
site is ½ mile from the Downtown Campbell light-rail station, a Vehicles-Miles-Traveled (VMT)
analysis is not required per the City's VMT policy.
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PLN-2023-59 ~ 48 Civic Center Drive
B. Considerations relating to structures and site layout:
The design and layout of the proposed building is governed by the design standards for the CB-MU
Zoning District provided in CMC Sec. 21.11.060.G. These design standards are divided into several
parts, including "building mass", "building form and composition," "storefronts," "materials,
colors, and finishes," and "other elements," and are excerpted and discussed below, and included
in full in Attachment F. As noted in the purposed statement below, these standards are intended to
encourage the highest caliber of design in the City:
Downtown Campbell possesses a wealth of small-scale commercial buildings that are architecturally exemplary
of the variety of historic periods in which they were constructed. These design standards are intended to both
promote the conservation and rehabilitation of buildings and to encourage new building and remodeling which is
simultaneously in keeping with existing buildings and architecturally exemplary of contemporary design. In this
way the architectural history and richness of downtown will be continued and expanded.
Building Mass
a. Large building facades shall be divided into smaller elements to complement the intimate scale created by the
existing small property divisions.
b. Second floor decks or terraces at the rear of buildings for use by adjacent offices or restaurants should be
incorporated whenever practical to add a sense of vitality to the rear building facades.
c. Roof design shall be consistent with the building's architectural style. Mansard, shed or residential type roofs are
prohibited unless it is demonstrated that such a roof style is structurally or architecturally suitable for the particular
project or location.
The façade of the proposed building has been articulated into smaller elements through recessing
of the building walls, following the taper of the lot. Combined with the largely one-story design,
the overall effect is a building in scale with the small parcel, along with older buildings found on
comparably sized properties in Downtown. Moreover, the use of a flat roof as a functional deck
and the placement of the elevator penthouse and kitchen module towards the rear would maintain
the single-story scale of the building as perceived from the street.
Building Form and Composition
a. Traditional commercial building forms should be incorporated whenever practical.
b. Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows,
augmented with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are
the only structurally or architecturally suitable form of wall for the particular project or location.
c. Architecturally exemplary design of high quality shall be employed. Buildings should not be made to look "old
time" unless such design would be clearly more appropriate and harmonious with the purpose of this chapter.
d. Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style.
Staff Report – Planning Commission Meeting of February 13, 2024 Page 8 of 23
PLN-2023-59 ~ 48 Civic Center Drive
The building exhibits a blend of contemporary design with elements evocative of traditional
"commercial brick" and wood-framed vernacular architecture. As noted by the project architect's
statement (reference Attachment G), the intent is to lend the project the appearance of two distinct
buildings at scale found in older Downtown buildings, with the brick segment approximately 45-
feet in width and the wood segment approximately 35-feet. The brick walls would be punctuated
with vertically oriented rectangular windows that maintain the weight of the material and but also
serve as a horizontal division to create a clear top and bottom for the building. The balanced use of
window glazing also avoids the modernist austerity of contemporary glass curtain wall design. The
overall effect is to present a building that blends with the historic pattern of Downtown Campbell,
but without resorting to mimicry of historic styles, maintaining a clear architectural expression
appropriate for its context.
Materials, Colors, and Finishes
a. Primary facade materials shall be limited to those that are characteristic of the building's architectural style.
b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt to look antiqued
or used.
c. Primary building colors shall be characteristic of the building's architectural style. Overly bright, garish, or
otherwise offensive colors or color combinations are prohibited.
d. Accent materials such as tile bases shall be carefully chosen to complement the building style and coordinate with
adjacent buildings. The use of shingles, lava rock, sheet metal siding, or any other residential or industrial materials
should not be approved unless it is demonstrated that such material would be the only structurally or architecturally
suitable materials for the project or location.
e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the buildings.
f. A coordinated color scheme that responds to the style of the structure shall be developed for each building. The
colors of signing, awnings, planters, accent materials, and primary facade colors should all be considered. The
number of colors should be limited.
New buildings should incorporate quality and contextually appropriate materials and colors that
are "characteristic of the building's architectural style". The proposed use of brick and wood would
be consistent with this guidance since these materials are intended to be appreciated at a pedestrian-
scale, particularly within a Downtown environment.1 Moreover, the particular use of a gray-toned
brick and warm stained-wood lends a slight contemporary appearance to these traditional materials,
so as to further differentiate the building from historic structures.
1 However, materials must be carefully selected as inferior materials would compromise the design integrity of the
building. Therefore, a condition of approval would require the applicant to provide physical samples of all materials prior
to issuance of a building permit.
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PLN-2023-59 ~ 48 Civic Center Drive
Other materials include various metal elements that would be used for the overhead canopies,
planters, and screens, as well as the roof of the prefabricated kitchen module on the rooftop deck.
The body of the kitchen module would be composed of cement board with stucco finished, painted
in black to match the canopies. Frameless glass panes would surround the rooftop deck for sound
attenuation.
Lastly, although not specifically addressed by any of the design standards for the CB-MU Zoning
District, the rear of the building would be clad in a combination of brick and wood, consistent with
the front of the building, as shown, below. However, these materials are likely to look different
since they will need to be 2-hour rated construction for Fire Code compliance. Nonetheless, the
appearance of the rear of the building is uniquely important since this wall be visible from the
adjacent property at 43 Harrison Avenue, which was recently approved by the Planning
Commission as a "beer garden".
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PLN-2023-59 ~ 48 Civic Center Drive
Storefronts
a. First floor frontages shall have an integrated design including display windows, an entry, and signing.
b. The design of the building storefront shall be consistent with the building's architectural style.
c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration, displays, signing, or
landscaping, unless the effect of such elements would be clearly contrary to the purposes of this chapter. Large
areas of blank walls should not be permitted unless it is demonstrated that such blank areas are clearly more
appropriate and harmonious than would be the case if elements of visual interest were incorporated.
d. Entries should be recessed, as they add depth to storefront, and act as transition areas between the street and shop
interiors, unless the effects of such entries would be clearly contrary to the purposes of this paragraph.
e. Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or windows of heavily
tinted or reflective glass should not be approved unless it is demonstrated that such doors and windows are the
only structurally or architecturally suitable form for the particular project or location.
f. Storefront windows shall reflect the building's character. For instance, on 1940's and 50's "showcase" buildings,
exposed aluminum frame windows are appropriate.
g. Awnings on building facades should be employed when appropriate, as they add color, weather protection, and
opportunities for signing. As in other architectural elements, the awnings should be designed to reflect the
building's geometry.
The standards for entries speak both to the design of a building's entry and its form. In terms of the
latter, the entry is slightly recessed to provide the building the desired depth and transition from the
street with overhead cover provided by a metal canopy. The entry itself would consists of a single
commercial door with a sidelight panel on the left side, which is a design seen in some older
buildings, such as the Second Bank of Campbell Building. The window system in front of the
building's trash room would incorporate obscure glazing so as to conceal the refuse receptacles
stored within the space.
Other Elements:
a. Trash collection and storage areas shall be carefully screened.
b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the storefront areas.
c. Colorfully landscaped planters are allowed. These are especially appropriate below second floor windows.
d. All building maintenance shall be done conscientiously.
In addition to the architecture and form, the design standards also provide guidance in terms of
trash storage, mechanical equipment, and landscaping (discussed under section 'C', below). As
noted, the project includes a reconfiguration of the Civic Center Drive curb-line to allow for an
expanded loading zone for trash/recycling pickup and delivery trucks. Refuse receptacles would be
stored in a dedicated "trash room" within the building, fully screened from public view (other than
during pickup times). Similarly, mechanical equipment would be fully interior within the building
inside utility rooms. Required Fire Department and San Jose Water backflow prevention devices
would be screened by landscaping.
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PLN-2023-59 ~ 48 Civic Center Drive
C. Considerations relating to landscaping:
Although the CB-MU Zoning District does not have a minimum landscaping requirement, the
project would include limited plantings along the exterior patio fencing abutting Civic Center
Drive. The landscaping plan, below, also shows the plantings within the bioretention facility, which
would be surrounded by a low fence and removal of several street trees. The surface area of the
patio would be improved with pervious artificial turf. The specific landscaping plantings have been
selected for compliance with the State's Model Water Efficient Landscaping Ordinance (MWELO).
Findings for Approval: To grant a land use approval, the decision-making body must affirmatively
establish that the project meets codified findings for approval. Findings establish the evidentiary basis
for a City's decision to grant or deny a land use permit and to impose conditions of approval as
necessary to establish the findings. The applicable findings depend upon the type of land use permit
under review. This application requires establishment of several sets of findings, including:
• Site and Architectural Review Permit (related to the proposed building)
• Conditional Use Permit (related to the "taproom" with late-night hours and live entertainment)
• Liquor establishment (related to the specific request for beer and wine service)
• Fence Exception Permit (related to a 6-foot fence along the front property line)
• Tree Removal Permit (related to the removal of one tree)
The following analysis identifies each of the applicable findings in italics and how the proposed project
satisfies them.
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B): These findings pertain to
the proposed construction of a 3,100 square-foot two-level commercial building.
A. The project will be consistent with the general plan.
Yes. The creative design of the proposed building and the overall site configuration reflect a
contextually appropriate approach to allow reasonable development of a long vacant parcel. The
development of this property with a distinctive building would activate an overlooked corner of
Downtown Campbell and expand the concentration of commercial activity beyond East Campbell
Avenue.
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PLN-2023-59 ~ 48 Civic Center Drive
This outcome would be in furtherance of the following General Plan policies and actions, which
collectively aim to shape the continued development and revitalization of Downtown Campbell and
other significant areas, emphasizing high-quality, innovative designs that enhance public spaces
and foster community engagement. Further, they encourage development that adheres to the
Campbell Downtown Development Plan, prioritizing building designs that are both distinctive and
reflective of the City's heritage as to support Downtown as a vibrant cultural and civic hub.
Policy LU-5.1: Ensure that new development within the Downtown Area complies with the requirements
of the Campbell Downtown Development Plan.
Policy CD-1.3: Through implementation of the city’s design review process, encourage creative, high-
quality, innovative, and distinctive architectural and site designs that help create unique,
vibrant places.
Policy CD-1.5: Orient building entrances toward the street and provide parking to the side of, in the rear of,
or below buildings, wherever possible.
Action CD-3.5: Design commercial and office buildings city-wide to have minimal setbacks from the
sidewalk except to allow for pedestrian oriented features such as plazas, recessed entryways,
and wider sidewalks for outdoor cafes. Discourage parking areas between the public right-
of-way and the front façade of the building.
Policy ED-2.4: Encourage the revitalization of existing shopping centers, business parks, industrial areas,
and key corridors as needed in order to meet the economic development goals of the city.
Goal ED-6: Encourage and support Downtown as the heart of Campbell’s cultural and civic life, and a
place where residents, workers, and visitors can share in the heritage, vibrancy, and vitality,
of Campbell.
Policy ED-6.4: Promote and prioritize new and expanded development in Downtown, consistent with the
standards established by the zoning code, the Downtown Development Plan, and the East
Campbell Avenue Master Plan.
Action ED-6.a: Encourage development projects and activities in the Downtown that are distinctive, are
designed to reflect Campbell’s history, and include components that promote a sense of
place, either through providing public spaces, venues for community activities, or
community art and culture.
Action ED-6.d: Implement lighting, streetscape, and public art improvements to make Downtown a safer,
more pedestrian-friendly place.
B. The project will be consistent with the Zoning Code;
Yes. As noted in the "Project Data" section of this report, the proposed project complies with the
applicable standards of the Zoning Code.
C. The project will aid in the harmonious development of the immediate area.
Yes. The proposed building's massing and 24-foot height would be consistent with the office
building next door, as illustrated by the streetscape illustration, below, as well with as the 35-foot
tall Cannery Circle "live/work" building located to the east, continuing the development pattern
along Civic Center Drive between the light-rail tracks and North Central Avenue.
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PLN-2023-59 ~ 48 Civic Center Drive
Moreover, the proposed building's scale and design would be consistent with the remodeled
Campbell Library located across the street, as shown, below. Both buildings would be of a
comparable height and reflect an architectural design that incorporates both contemporary and
traditional elements.
D. The project is consistent with applicable adopted design guidelines, development agreement,
overlay district, area plan, neighborhood plan, and specific plan(s).
Yes. In addition to compliance with the design standards of the CB-MU Zoning District, as
discussed, above, in the "considerations" section of this report, the application is also consistent
with the applicable policies of the Downtown Campbell Development Plan as follows:
• Downtown Character: The proposed project has been carefully designed to integrate into the
historic character of Downtown Campbell. Of particular note, the brick element will
complement the Ainsley Corporation Headquarters Building located behind the project site (the
property recently approved for use as a "beer garden").
Policy LU-4.1: Downtown Character: Require new development to be sensitive to the unique character
that defines Downtown Campbell.
• Physical Development: The proposed project would encourage new activity in the Downtown
beyond East Campbell Avenue and provide greater connectivity to the Civic Center campus
and the Campbell Library in particular.
Policy LU-6.1: Expansion of Downtown: Facilitate and encourage the evolution of the Downtown
beyond the loop streets, eastward to the Hwy 17 overpass and westward to the
Community Center, through public improvements, urban design and land use patterns
that connect, both visually and physically this stretch of Campbell Avenue.
• Density: With a Floor Area Ratio (FAR) of .73, the proposed project will not maximize the use
of the property allowed under the maximum 1.5 FAR —which could accommodate doubling
of the proposed building area. However, even with a reduced FAR, the project would
nonetheless occupy and activate the entirety of the site without overwhelming the small parcel.
As a result, the project would maintain a "small-town scale".
Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities and
development patterns consistent with urban centers and central businesses districts,
while maintaining a small town scale.
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PLN-2023-59 ~ 48 Civic Center Drive
By way of comparison, the earliest iteration of the project materials, which were first submitted
to staff in mid-2022, but never presented to the Planning Commission, showed a 3-level, 6,643
square-foot building with a resultant FAR of 1.48. Maximizing the property's development
capacity in such a manner would have been disruptive to the small-town scale of Downtown
Campbell. The project as currently proposed represents a much more balanced approach to
development of the subject property.
• Building Orientation: The proposed building would directly front onto Civic Center Drive,
connecting to the public sidewalk. Moreover, the main entry door would be flanked with
transparent storefront systems, the one on the left being operable as a roll-up door to create an
indoor/outdoor atmosphere to further engage the pedestrian sphere.
Policy D-1.1: Building Orientation and Layout: New development and major rehabilitation projects
shall orient buildings on the street to create a continuous development pattern geared
to the pedestrian.
• Building Articulation: As discussed above, the project will incorporate traditional architecture
forms and features, and be of a comparable scale of nearby buildings, consistent with the
historic development pattern of Downtown Campbell.
Policy D-1.2: Building Articulation: Given the unique character of the Downtown district, new
development and major rehabilitation projects shall incorporate the traditional
architectural style, articulation and details that reflect the City’s history and promote its
future.
Conditional Use Permit Findings (CMC Sec. 21.46.040.A): These findings pertain to the proposed
conditional use components of the application, as discussed below.
A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit
approval, and complies with all other applicable provisions of this Zoning Code and the Campbell
Municipal Code;
Yes. The project site is located within the renamed CB-MU (Central Business Mixed-Use) Zoning
District, which is reserved for the historic core of Downtown Campbell, defined by the "loop
streets" of Civic Center and Orchard City Drives, and is intended to promote the following
objectives, as stated by CMC Sec. 21.11.020.A.1:
• To retain and enhance the Downtown area as a unique and economically viable retail and business center
serving local and area wide commercial needs;
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PLN-2023-59 ~ 48 Civic Center Drive
• To promote ground floor retail use, upper floor commercial and residential uses where appropriate and a
suitable mix of uses in the Downtown area;
• To reinforce Campbell Avenue as a pedestrian-orientated retail street;
• To establish development intensities consistent with the scale of the central business area and the amount of
parking which can be accommodated within and adjacent to it;
• To maintain the pedestrian scale, character, and diversity of a small town business district;
• To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent areas;
• To preserve and enhance significant historic structures within the Downtown area; and
• To ensure that new construction in the Downtown area is of a high architectural design quality while
accommodating suitable architectural diversity.
Consistent with these objectives, the CB-MU Zoning District has a tailored list of permitted and
conditional land uses that were adopted in 2020. The principal land use of this proposal is a "liquor
establishment" with related "late night activities" and "dancing and/or live entertainment
establishment." These are all conditional land uses, as described below, and are allowable in the
zoning district upon approval of the requested Conditional Use Permit.
• Liquor Establishment: The proposed "taproom" would principally include the provision of
beer and wine beverages for on-site consumption, and therefore is classified as a "liquor
establishment," as defined below. The conditional use permit process allows the City to
impose operational requirements as conditions of approval to ensure that the serving of
alcoholic beverages remains ancillary to food service. In the Downtown, this also means
compliance with the Downtown Alcohol Beverage Policy, as discussed further, down.
"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
• Dancing and/or Live Entertainment Establishment: As noted in the Project Description, the
applicant wishes to "host local musicians to provide casual background music." Even
limited live entertainment falls within the definition of "dancing and/or live entertainment
establishment," below. Although the exact form of live entertainment cannot be arbitrarily
limited by the City as protected speech, the City can restrict the size of the performance
area, placement of speakers, and similar operational elements as part of the conditional use
permit review.
"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue
intended to allow patrons to dance and/or listen to live entertainment, as defined by Section 5.24.010(b).
Does not include non-commercial expressive activity protected by the United States or California
constitutions or the listening of recorded music without a dancing venue.
• "Late Night Activities": The applicant is seeking public business hours of 6:00 AM to 11:00
PM, daily, which would necessitate staff clean-up activity before and afterwards. As a
result, this application is also classified as a "late night activity" per the definition, below,
since the operational hours would extend from 5:00 AM to 12:00 AM, daily.
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m.,
including, but not limited to, the provision of goods and services to the public and all ancillary activities
such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar
activities. "Late night activities" do not include the lawful, reasonable and customary use of residential
uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of
other properties.
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PLN-2023-59 ~ 48 Civic Center Drive
B. The proposed use is consistent with the General Plan;
Yes. The General Plan land use designation for the project site is Central Business Mixed Use. As
described by the General Plan this designation is intended to encourage "shopping, service, and
entertainment uses within a pedestrian oriented urban environment." The proposed use of the
property as an active "taproom" with food service, and ancillary live entertainment, would further
this vision by bringing enhanced vibrancy to Downtown.
Moreover, the proposal would be consistent with the multiple policies and actions of the new 2040
Campbell General Plan, which speak to fostering Downtown as a hub for dining, culture, and
boutique retail, while promoting unique projects reflecting Campbell’s history and enhancing
public spaces and maintaining consistency with existing policies. This application would be
consistent with these policy goals.
Action ED-6.c: Promote diverse community uses, including but not limited to, distinctive outdoor dining
areas, public art, and social gathering areas in mixed-use and commercial areas of
Downtown.
Policy LU-5.4: Encourage restaurant and specialty retail uses in the Downtown commercial area that will
foster a balance of day and evening activity.
Policy LU-5.6: Continue to implement the Downtown Alcohol Beverage Policy.
Policy ED-6.2: Position Downtown as the local focal point for fine dining, arts, culture, history,
entertainment, and boutique retail activity
C. The proposed site is adequate in terms of size and shape to accommodate the fences and walls,
landscaping, parking and loading facilities, yards, and other development features required in
order to integrate the use with uses in the surrounding area;
Yes. As discussed in the "findings" discussion related to the Site and Architectural Review Permit,
the new commercial building is being purpose-built to accommodate the associated "taproom," and
would include all necessary development features. For example, the integrated trash storage room
has been sized to accommodate three 2-cubic yard receptacles to accommodate the refuse,
recycling, and composting needs of the business.
D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate;
Yes. As noted in the "considerations" section of this report, this project will not have a traffic
impact. However, a condition of approval will require installation of a bicycle rack on the property.
E. The design, location, size, and operating characteristics of the proposed use are compatible with
the existing and future land uses on-site and in the vicinity of the subject property; and
Yes. The project site is down the street from single-family residences located along Harrison
Avenue. In order to order to address the findings for approval, the applicant procured a noise study
to ascertain the extent of noise impacts related to the live entertainment, which is included as
Attachment H, specifically the sound generated by musical instruments and amplification on the
rooftop level of the taproom.
The study determined that at an assumed source decibel level of 95 dBA and with the inclusion of
glass-railing around the rooftop patio, the noise levels measured to the closet residence along
Harrison Avenue would be 46 dBA, which is below the residential standard of 65 dBA for exterior
Staff Report – Planning Commission Meeting of February 13, 2024 Page 17 of 23
PLN-2023-59 ~ 48 Civic Center Drive
noise levels. As a result, the project was revised to include glass railing above the parapet for a total
barrier height of 7-feet, as recommended by the study. The specific construction specifications as
noted in the study are included as a condition of approval. An additional condition of approval
would also require electronic limiting of the audio system to restrict speaker volume and a
prohibition of stand-alone amplification systems, so that music does not exceed the applicable noise
standard and disrupt neighboring residences.
However, staff recommends that the live entertainment cease before the 11:00 PM business closing,
given the project site's location to nearby residences. The recommended conditions of approval
would require live entertainment to end at 10:00 PM on Friday and Saturday and 9:00 PM the
remainder of the week. Although the Downtown Alcohol Beverage Policy (discussed further,
below) allows live entertainment until 11:00 PM, that standard likely contemplated businesses
largely located along Campbell Avenue further away from residential properties. As such, an earlier
ending time is warranted.
Moreover, if the City receives verified noise complaints, a condition of approval would allow the
Community Development Director to work with the business owner to address the issue(s), and if
necessary, curtail the hours for entertainment, subject to commencement of a hearing with the
Planning Commission. Similarly, live entertainment is also subject to a Live Entertainment Permit
issued by the City Council that may be revoked or modified by the Police Chief as necessary.
F. The establishment, maintenance, or operation of the proposed use at the location proposed will not
be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city.
Yes. The provision of beer and wine beverages with ancillary food service in a "taproom" setting
with live entertainment is an appropriate land use for Downtown. Through compliance with the
recommended conditions of approval including the business hours and limited live entertainment
hours, the proposed use of the property would not disrupt
the operation of nearby businesses nor impair the reasonable
enjoyment of nearby residences.
However, upon development of the project, it can be
anticipated that the publicly accessible walkway on the
adjacent property will see greater usage (image, right). As a
result, the walkway would lose its current visibility,
presenting a potential public safety concern. As such, staff,
inclusive of Police Department personnel, recommends
installation of a security camera system and extra lighting to
illuminate the walkway, consistent with the recent "beer
garden" application. These measures would be consistent of
General Plan Action SA-4.a.
Action SA-4.a: As part of the development review process, continue to consult with the Police Department
in order to ensure that the project does not impair the provision of police services through
inappropriate site design. The use of physical site planning as an effective means of
preventing crime, including lighting, visibility, and video surveillance requirements shall
be determined by the Police Department, where applicable
Staff Report – Planning Commission Meeting of February 13, 2024 Page 18 of 23
PLN-2023-59 ~ 48 Civic Center Drive
Special findings for Liquor Establishments (CMC Sec. 21.36.115). In addition to the required
findings for a Conditional Use Permit, above, the Zoning Code also requires the Planning Commission
to affirmatively establish five special findings for liquor establishments, listed in italics below:
A. Over concentration of uses. The establishment will not result in an over concentration of these uses
in the surrounding area;
Yes. In consideration of this finding, the Planning Commission must determine how to apply the
term "surrounding area" as the Zoning Code does not provide a definition. Most recently, the
Planning Commission has applied this term to mean the mapped boundaries of a master plan area
(e.g., Downtown Development Plan, Winchester Boulevard Master Plan, etc.) or a specific
shopping center (e.g., Hamilton Plaza, Campbell Plaza, etc.). Staff recommends continuing this
recent practice to ensure greater consistency in overconcentration analyses as applied to different
areas of the City.2
Downtown Campbell, as defined by the Downtown Development Plan boundary in Figure LU-2
(Special Planning Areas [Map]) of the new Campbell General Plan (reference Attachment I) is
approximately 38 acres in area (inclusive of the Civic Center grounds3), with 28 currently licensed
alcohol-serving establishments, inclusive of four restaurants with beer & wine, 21 restaurants with
"general" alcohol sales (spirits), one wine bar, and two stand-alone bars, as listed in Attachment J
and mapped in Attachment K.
Approval of the applicant's request would result in 29 alcohol-serving establishments, resulting in
a concentration of approximately one establishment per 1.31 acres, as listed below. This ratio is
approximately less than the 1.08/acre ratio of the Pruneyard, where the City Council explicitly
found that there was not an overconcentration with 25 "on-sale" licenses on the 27-acre shopping
and office center when it approved the Pruneyard Master Use Permit in 2016. Given the benchmark
established by the Pruneyard of approximately one establishment per acre, staff recommends the
Commission find that no overconcentration would result from the applicant's request.
2 Although the City's "over concentration" criteria may sound similar to the ABC's "undue concentration" standard, the two
concepts are entirely different. For a complete comparison, please see Item No. 2 (1402 Camden Avenue) of the recent
January 23, 2024, Planning Commission agenda.
3 Prior staff analyses exclude the Civic Center, as well as other areas of the Downtown Development Plan boundary that
overlap with other area/master plan boundaries. However, with adoption of the new General Plan, all of the plan
boundaries have now been "officially" established such that this and future analysis will refer to the boundaries as
mapped by Figure LU-2 (Special Planning Areas).
Plan Area/Shopping Center Size (in Acres) Approved "On-Sale"
Liquor Licenses
Liquor Licenses
per Acre
Hamilton Plaza Shopping Center 12 2 1 per 6 acres
Kirkwood Plaza Shopping Center 12 2 1 per 6 acres
San Tomas Plaza Shopping Center 9 3 1 per 3 acres
Campbell Plaza Shopping Center 11 5 1 per 2.2 acres
East Campbell Ave. Master Plan 14 5 1 per 2.8 acres
Downtown Campbell 381 28 (current) 1 per 1.35 acres
29 (proposed) 1 per 1.31 acres
Pruneyard Shopping Center 27 252 1 per 1.08 acres
(1) Defined by the Downtown Development Plan boundary as depicted on General Plan Figure LU-2 (Special Planning Areas)
(2) The maximum number of "on-sale" licenses authorized by the Pruneyard Master Use Permit
Staff Report – Planning Commission Meeting of February 13, 2024 Page 19 of 23
PLN-2023-59 ~ 48 Civic Center Drive
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
Yes. As required by the Downtown Alcohol Beverage Policy, standard conditions of approval have
been included that will ensure that the operation will not be operated in a manner that would result
in nuisance activity. Moreover, in the event the business generates three verifiable complaints
related to violations of its conditions of approval, the Community Development Director may
schedule a revocation/modification hearing with the Planning Commission. This authority also
allows the Community Development Director to restrict the hours of operation pending
consideration of the matter by the Planning Commission.
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood; and
Yes. The requested beer and wine service, consistent with the Downtown Alcoholic Beverage
Policy, would not result in activity that would adversely affect the neighborhood, such as excessive
inebriation or violent or lewd behavior, or loitering. Such behavior, if unaddressed, would
constitute violations of the Conditional Use Permit.
D. Not increase demand on services. The establishment will not significantly increase the demand on
city services.
Yes. As discussed below, the proposal is consistent with the Downtown Alcohol Beverage Policy,
As such, it is not generally foreseeable that operation of the proposed "taproom" would result in
additional demand for City services, such as Police, Planning, Environmental Services, or Code
Enforcement. In particular, Police staff indicated no objection to the application provided the
business did not stay open to the public past 11:00 PM and was limited to beer and wine only.
However, the applicant will be required to prepare a security plan for review and approval by the
Police Department.
E. Downtown Alcohol Beverage Policy. The establishment would be consistent with the Downtown
Alcohol Beverage Policy, when applicable.
Yes. The Downtown Alcohol Beverage Policy (DABP) is an implementation tool of the Campbell
General Plan and Downtown Development Plan that regulates the operational parameters of alcohol
service. The policy, originally adopted by the City Council in 2009, provides specific guidance
when considering applications for new alcoholic beverage service. The DABP "strong discourages"
new "stand-alone bars", including "nightclubs, ultra-lounges or similar establishments typically
offering live entertainment and late night alcohol service," such that new Conditional Use Permits
for alcohol service should generally be issued only for restaurants.
However, when the DABP was modified in 2011, the City Council incorporated a new allowance
to approve "wine bars" and "wine tasting establishments", with "hours not exceeding 11:00 PM" as
an exception to the general discouragement of new "stand-alone bars". Although the DABP does
not reference beer-oriented establishments, the Planning Commission previously granted a
Conditional Use Permit to a brewery-tasting room, the former Strike Brewing Co. (469 E. Campbell
Ave.), in 2019 finding that it constituted the beer equivalent of a winery "wine tasting
establishment" due to operational commonalities, such as similar licensing restrictions, provision
of tasting-pours of 2-4 ounces ("flights"), and incorporation of a retail element.
Staff Report – Planning Commission Meeting of February 13, 2024 Page 20 of 23
PLN-2023-59 ~ 48 Civic Center Drive
This application presents a different, but similar consideration. The proposed building would be
programed to accommodate a beer-oriented establishment that is characterized by the applicant as
a "high-end craft beer taproom (similar to a wine tasting bar)," including beverages offered in full-
size servings as well as smaller "taster"/"flight" portions. As discussed during the November 22,
2022, study session, the Commission was agreeable to a similar determination that the DABP's
allowance for "wine bars" extends to the applicant's proposal in that similar to a wine bar, a
"taproom" also offers a variety of beer options from multiple producers in range of serving sizes.
Consistent with the "wine bars" provisions, the applicant proposes a closing time of 11:00 PM.
Additionally, in keeping with the generally understood concept of a "wine bar", where food is
offered to accentuate the beverage experience, the applicant has also indicated that he will secure
either a "Type 41" license (On-Sale Beer & Wine – Eating Place) or "Type 40" license (On-Sale
Beer Only). According to the California Department of Alcoholic Beverage Control (ABC) both of
these licenses require provision of food, although the former "suitable kitchen facilities" that allow
for preparation of "meals for consumption on the premises" where the latter only requires that
"sandwiches or snacks must be available." The submitted plans indicate food preparation facilities
such that the business will be able to satisfy either licensing requirement.
Provision of food maintains consistency with the purpose and intent of the DABP while still
allowing the applicant to operate a beer-oriented establishment that does not need to satisfy the
specific operational restrictions applicable to a restaurant. Moreover, both the "Type 41" and "Type
40" licenses allow for "minors" (individuals under the age 21) to enter the premises, encouraging
the "family friendly atmosphere" that applicant hopes to cultivate. This differentiates the proposal
from a traditional "beer bar" open only to adults 21 and over, without food that would operate under
a more restrictive "Type 42" (On-Sale Beer & Wine – Public Premises) license. In this regard, a
Condition of Approval would prohibit the applicant from imposing an age restriction.
Lastly, as discussed, the project would include outdoor seating and live entertainment. Although
the DABP does not specifically provide guidance on these elements as they pertain to "wine bars,"
the Planning Commission previously determined that they were permissible when it originally
approved a Conditional Use Permit for Tessora's Barra di Vino (234 E Campbell Ave.) in 2012.
Equitably, such a determination would also extend to the proposed application for a "taproom".
Fence Exception Findings (CMC Sec. 21.18.060.E): As depicted, below, the application includes
construction of a 6-foot-tall fence to enclose the ground-level patio along the Civic Center Drive
property line. The City's standard fencing standards normally require fences taller than 3 ½ feet to be
placed 15-feet from a front property line. However, the Zoning Code provides that the decision-making
body may authorize an increased fence height in review of associated development application, when
it can establish the following findings for a "Fence Exception".
Staff Report – Planning Commission Meeting of February 13, 2024 Page 21 of 23
PLN-2023-59 ~ 48 Civic Center Drive
(1) The [increased height] would not impair pedestrian or vehicular safety;
Yes. The fence would be parallel with the realigned sidewalk and would not obstruct any sightlines
that could inhibit visibility for vehicles or pedestrians. A SARC recommendation will also require
the fence to be illuminated for greater visibility at night.
(2) The [increased height] would result in a more desirable site layout;
Yes. As part of the longer streetscape view, below, the fence is intended maintain the "taproom"
use on the property. It has been designed to incorporate wood slats and planters with landscaped
"greenscreens" to provide visual interest and to avoid the deadening effect of a contiguous blank
wall alongside the public sidewalk.
(3) The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of the change;
Yes. The placement of a 6-foot-tall fence along sidewalk would not impair the public health or
safety in that its height is less than a building that could otherwise be placed in the same location.
(4) The [increased height] would not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the city.
Yes. The fence is well designed and would not in any way diminish the appearance of the property
in a manner disadvantageous to neighboring property owners (i.e., it would not attract graffiti).
Tree Removal Permit Findings (CMC Sec. 21.32.080): The City’s Tree Protection Regulations
(CMC 21.32) provide five findings for consideration when reviewing a Tree Removal Permit. The
permit may be granted when one or more one of the findings are satisfied. In consideration of the
project, the Finding No. 5 (Economic enjoyment and hardship) is satisfied:
5. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of
the property or creates an unusual hardship for the property owner by severely limiting the use of
the property in a manner not typically experienced by owners of similarly zoned and situated
properties, and the applicant has demonstrated to the satisfaction of the approval authority that
there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential
number of residential units or building size due to the tree location does not represent a severe
limit of the economic enjoyment of the property.
Staff Report – Planning Commission Meeting of February 13, 2024 Page 22 of 23
PLN-2023-59 ~ 48 Civic Center Drive
Yes. The project includes the proposed removal of one on-site tree, a 12-inch diameter Walnut at
the westerly end of the of the property, which is the exact diameter threshold to constitute a
"protected" tree. Based on Google Streetview imagery from 2009, below, this appears to be a
"volunteer tree" that naturally grew on the property over the course of years. Preliminary plans
submitted for this property in 2018 had indicated its size as only 10-inches in diameter. Due to the
compact nature of the site, removal of the tree is necessary to allow reasonable use of property as
its retention would entirely compromise the footprint of the proposed building, rendering the
property undevelopable.
Present 2009
Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC)
reviewed this application at its meeting of January 9, 2024. The SARC discussed various elements of
the application, including parking, architectural design, building materials, ADA requirements, and
trash management. The SARC commented that the project represented an imaginative use of a small
property and that having a rooftop bar would open up the Downtown. At the conclusion of the meeting,
the SARC expressed its support for staff's recommended revisions, as listed, below, which have been
included as a condition of approval, and which the applicant has agreed to incorporate.
➢ Installation of lighting along the fence.
➢ Installation of security lighting and security cameras along the walkway side of the building.
➢ Replacement of a landscaping near the entrance with concrete sidewalk.
Public Comment: Emails from members of the public are included as Attachment L. The emails reflect
various concerns regarding parking, pedestrian safety, noise, and land use appropriateness. Staff
believes these concerns have been sufficiently addressed in this report and by the recommended
conditions of approval.
Attachments:
A. Draft Resolution
B. Project Plans
C. Project Description
D. PC Meeting Minutes, dated November 22, 2022
E. Traffic Safety Analysis
F. CB-MU Zoning District Design Standards (excerpt)
G. Architect's Statement
H. Noise Study
I. Figure LU-2 (Special Planning Areas [map])
Staff Report – Planning Commission Meeting of February 13, 2024 Page 23 of 23
PLN-2023-59 ~ 48 Civic Center Drive
J. Number of ABC Licenses by Type Table
K. Downtown Alcohol Establishments Map
L. Email Correspondence
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Rob Eastwood, Community Development Director
RESOLUTION NO. 469_
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW
CONSTRUCTION OF AN APPROXIMATELY 3,100 SQUARE-FOOT TWO-
LEVEL COMMERCIAL BUILDING WITH A ROOFTOP DECK INCLUDING
A PREFAB KITCHEN MODULE, A GROUND-LEVEL PATIO BOUNDED BY
A 6-FOOT FENCE, AND THE ASSOCIATED REALIGNMENT OF THE
CIVIC CENTER DRIVE CURB-LINE TO ACCOMMODATE REFUSE
PICKUP AND DELIVERIES; AND TO ALLOW USE OF THE PROPERTY
AS A LIQUOR ESTABLISHMENT ("TAPROOM") INCLUSIVE OF ON-SITE
BEER AND WINE BEVERAGE SERVICE WITH INCIDENTAL OFF-SITE
SALES, ANCILLARY LIVE ENTERTAINMENT, AND LATE NIGHT
ACTIVITIES (STAFF CLOSING/CLEAN-UP AFTER 11:00 PM AND
BEFORE 6:00 AM); AND A TREE REMOVAL PERMIT TO ALLOW
REMOVAL OF A 12-INCH TREE, ON PROPERTY LOCATED AT 48 CIVIC
CENTER DRIVE. FILE NO.: PLN-2023-59.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission did find as follows with regard to application PLN-2023-59:
1.The Project Site is an approximately 4,500 square-foot parcel located in Downtown
Campbell along Civic Center Drive, between Central and Harison Avenues.
2.The Project Site is within the Central Business Mixed-Use (CB-MU) Zoning District as
shown on the Campbell Zoning Map.
3.The Project Site is designated Central Business Mixed-Use as shown on the Campbell
General Plan Map
4.The Project Site is also within the boundary of and subject to the Campbell Downtown
Development Plan.
5.The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review to allow construction of an approximately 3,100 square-foot two-
level commercial building with a rooftop deck including a prefab kitchen module, a
ground-level patio bounded by a 6-foot fence, and the associated realignment of the Civic
Center Drive curb-line to accommodate refuse pickup and deliveries; and establishment
of a "taproom" inclusive of on-site beer and wine beverage service with incidental off-site
sales, ancillary food service, and live entertainment, with a 11:00 PM daily public closing
time.
6.The specific conditional uses of the Proposed Project include a (1) Liquor Establishment
("taproom"), (2) Late Night Activities (staff closing/clean-up after 11:00 PM and before
6:00 AM), and (3) a Dancing and/or Live Entertainment Establishment (ancillary live
entertainment), which all may be allowed by approval of Conditional Use Permit in the
CB-MU Zoning District.
Attachment A
Planning Commission Resolution No. 469_ Page 2 of 9
48 Civic Center Drive – PLN-2023-59
Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit
7. In accordance with the definition below, the proposed "taproom," being a land use that
would principally include the provision of beer and wine beverages for on-site
consumption with ancillary food service, constitutes a Liquor Establishment.
"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
8. The proposed "taproom" includes public business hours of 6:00 AM to 11:00 PM with
staff-clean-up activity one hour before (5:00 AM) and after (12:00 AM), which renders
the proposal a Late-Night Activity, as per the definition, below:
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00
a.m., including, but not limited to, the provision of goods and services to the public and all ancillary
activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries,
and similar activities. "Late night activities" do not include the lawful, reasonable and customary use
of residential uses or professional offices in a manner that does not interfere with the reasonable use
and enjoyment of other properties.
9. The proposed "taproom" would "host local musicians to provide casual background
music," constituting a Dancing and/or Live Entertainment Establishment, as per the
definition, below:
"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue
intended to allow patrons to dance and/or listen to live entertainment, as defined by Section
5.24.010(b). Does not include non-commercial expressive activity protected by the United States or
California constitutions or the listening of recorded music without a dancing venue.
10. The incidental sale of alcoholic beverage for off-site consumption does not constitute a
Liquor Store, in that the proposed "taproom" would not be "primarily devoted to the selling
of alcoholic beverages, including beer and wine, for consumption off the premises," as
per the definition, below, such that the special use provisions provided in CMC Section
21.36.110 do not apply. This determination is consistent with the prior Planning
Commission approval of Conditional Use Permit PLN2013-133, approved by Resolution
No. 4108 for 193. E. Campbell Avenue.
"Liquor stores" means a retail activity that is primarily devoted to the selling of
alcoholic beverages, including beer and wine, for consumption off the premises.
Liquor stores shall comply with the provisions of Section 21.36.110.
11. The City's new General Plan and revised Zoning Code went into effect on June 2, 2023.
New Campbell Municipal Code (CMC) Section 21.030.050 provides a limited "safe
harbor" provision for applications submitted prior to this date, indicating that they "may
be carried out, or extended, in accordance with the development standards and
permitting procedures in effect at the time of project submittal…" This application was
received by the City on May 22, 2023, and therefore is evaluated under the provisions of
the Zoning Code prior to the recent update.
12. The City Council adopted the Downtown Alcohol Beverage Policy, consistent with the
goals and strategies of the Campbell General Plan and Downtown Development Plan.
Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by
Planning Commission Resolution No. 469_ Page 3 of 9
48 Civic Center Drive – PLN-2023-59
Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit
which the City reviews new and modified applications for alcohol beverage service. The
Policy sets forth limitations to the hours of operation, amount of bar area seating, and
alcohol beverage service that are necessary to protect the public health, safety and
welfare.
13. The Downtown Alcohol Beverage Policy "strong discourages" new stand-alone bars,
including "nightclubs, ultra-lounges or similar establishments typically offering live
entertainment and late night alcohol service." However, the Policy makes allowance to
permit "wine bars" and "wine tasting establishments" that close at 11:00 PM.
14. The proposed "taproom" is materially similar to a "wine bar" in that a "taproom" also
offers a variety of beverage options from multiple producers in range of serving sizes.
Additionally, in keeping with the generally understood concept of a "wine bar", where
food is offered to accentuate the beverage experience, the proposed "taproom" would
include food preparation facilities, allowing it to be licensed under a "Type 41" license
(On-Sale Beer & Wine – Eating Place) or "Type 40" license (On-Sale Beer Only), both
of which require provision of food.
15. Based on the aforementioned similarities, a "taproom" may be considered similar to a
"wine bar" room pursuant to CMC 21.020.010.F.1, and therefore allowable under the
Downtown Alcohol Beverage Policy. This determination is consistent with the prior
Planning Commission approval of Conditional Use Permit PLN2019-67, approved by
Resolution No. 4514 for 469 E. Campbell Avenue, which found that a "brewery-tasting
room" was materially similar to a "wine tasting establishment" under the Downtown
Alcohol Beverage Policy.
16. Although the Downtown Alcohol Beverage Policy does not provide specific guidance
regarding live entertainment or outdoor seating relative to "wine bars," the prior Planning
Commission approval of Conditional Use Permit PLN2012-205, approved by Resolution
No. 4091 for 234 E. Campbell Avenue, determined that these elements were permissible
for a "wine bar". This determination would also extend to the proposed "taproom" as a
comparable use to a "wine bar" under the Downtown Alcohol Beverage Policy.
17. A public closing time of 11:00 PM for the proposed "taproom" is consistent with the
Downtown Alcohol Beverage Policy provisions for "wine bars" and "wine tasting
establishments".
18. A prohibition on an age restriction, requiring that minors be permitted within the
establishment at all times that the business is open to the public, is consistent with the
purpose and intent of the Downtown Alcohol Beverage Policy, and would be conducive
to a "family friend" environment.
19. The overconcentration of late-night alcohol serving establishments within a compact
downtown district can create a cumulative impact that overwhelms the area creating an
undesirable result such as drunk in public, vandalism, and disorderly conduct.
20. For purposes of its overconcentration analysis, the Planning Commission recognizes the
"special planning areas" as mapped by General Plan Figure LU-2, including the
Downtown Development Plan.
Planning Commission Resolution No. 469_ Page 4 of 9
48 Civic Center Drive – PLN-2023-59
Conditional Use Permit w/ Site and Arch. Review + Tree Removal Permit
21. Approval of the Proposed Project would result in 29 alcohol-serving establishments in
the Downtown Development Plan area or approximately 1.31 establishments per acre,
comparable to the Pruneyard Shopping Center, which is permitted 25 alcohol-serving
establishments or approximately one per acre, pursuant to its Master Use Permit.
22. Prior overconcentration analyses in Downtown Campbell excluded the Civic Center, as
well as other areas of the Downtown Development Plan boundary that overlap with other
area/master plan boundaries. However, with adoption of the new General Plan, all of the
plan boundaries have now been "officially" established such that this and future analysis
will refer to the boundaries as mapped by Figure LU-2 (Special Planning Areas).
23. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued
to establishments for alcoholic beverage service on-site are subject to Sections
21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the
appropriate decision-making body to modify or revoke a Conditional Use Permit if it is
determined that the sale of alcohol has become a nuisance to the City's public health,
safety or welfare.
24. As conditioned, live entertainment would cease at 10:00 PM on Friday and Saturday and
9:00 PM the remainder of the week and would remain an ancillary element of the
"taproom" through operational controls, such as a prohibition of a cover charge. Although
the Downtown Alcohol Beverage Policy allows live entertainment until 11:00 PM, the
standard likely contemplated businesses largely located along Campbell Avenue further
away from residential properties. Given the project site's proximity to residences along
Harrison Avenue, an earlier ending time is warranted.
25. With incorporation of a noise-limiting feature in the speaker system, as conditioned and
recommended by an acoustic study, the live entertainment will not result in sound that
would exceed the standard set forth in CMC Sec. 21.16.070.
26. Due to the compact nature of the Project Site, removal of one 12-inch (DBH) tree is
necessary to allow reasonable use of property as its retention would entirely compromise
the footprint of the proposed building, rendering the property undevelopable.
27. The Proposed Project is not subject to a parking requirement pursuant to AB-2097 due
to its proximity to the Downtown Campbell Light-Rail Station.
28. As part of the longer streetscape view, the proposed 6-ft tall fence is intended maintain
the "taproom" use on the property.
29. The proposed reconfiguration of the public right-of-way would include feathering of the
curb-line to create a loading zone and space for vehicular deacceleration to allow the
property to be serviced by collection vehicles and delivery trucks. This layout has been
evaluated by a professional traffic engineering consultant and found to satisfy the
minimum site distance requirements established by the California Department of
Transportation (Caltrans).
30. Based on trip generation values provided by the Institute of Transportation Engineers
(ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new
AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant
Planning Commission Resolution No. 469_ Page 5 of 9
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to the Congestion Management Program, as specified by the VTA Transportation Impact
Analysis (TIA) Guidelines. Additionally, since the project site is ½ mile from the
Downtown Campbell light-rail station, a Vehicles-Miles-Traveled (VMT) analysis is not
required per the City's VMT policy.
31. The Proposed Project would be consistent with the design standards for the CB-MU
Zoning District provided in CMC Sec. 21.11.060.G, including "building mass", "building
form and composition," "storefronts," "materials, colors, and finishes," and "other
elements," as established in the administrative record.
32. The Proposed Project, as conditioned, would be consistent with the following General
Plan policies and Actions:
Action CD-3.5: Design commercial and office buildings city-wide to have minimal setbacks from
the sidewalk except to allow for pedestrian oriented features such as plazas,
recessed entryways, and wider sidewalks for outdoor cafes. Discourage parking
areas between the public right-of-way and the front façade of the building.
Action ED-6.a: Encourage development projects and activities in the Downtown that are
distinctive, are designed to reflect Campbell’s history, and include components
that promote a sense of place, either through providing public spaces, venues for
community activities, or community art and culture.
Action ED-6.c: Promote diverse community uses, including but not limited to, distinctive outdoor
dining areas, public art, and social gathering areas in mixed-use and commercial
areas of Downtown.
Action ED-6.d: Implement lighting, streetscape, and public art improvements to make Downtown
a safer, more pedestrian-friendly place.
Goal ED-6: Encourage and support Downtown as the heart of Campbell’s cultural and civic
life, and a place where residents, workers, and visitors can share in the heritage,
vibrancy, and vitality, of Campbell.
Policy CD-1.3: Through implementation of the city’s design review process, encourage creative,
high-quality, innovative, and distinctive architectural and site designs that help
create unique, vibrant places.
Policy CD-1.5: Orient building entrances toward the street and provide parking to the side of, in
the rear of, or below buildings, wherever possible.
Policy ED-2.4: Encourage the revitalization of existing shopping centers, business parks,
industrial areas, and key corridors as needed in order to meet the economic
development goals of the city.
Policy ED-6.2: Position Downtown as the local focal point for fine dining, arts, culture, history,
entertainment, and boutique retail activity
Policy ED-6.4: Promote and prioritize new and expanded development in Downtown, consistent
with the standards established by the zoning code, the Downtown Development
Plan, and the East Campbell Avenue Master Plan.
Policy LU-5.1: Ensure that new development within the Downtown Area complies with the
requirements of the Campbell Downtown Development Plan.
Planning Commission Resolution No. 469_ Page 6 of 9
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Policy LU-5.4: Encourage restaurant and specialty retail uses in the Downtown commercial area
that will foster a balance of day and evening activity.
Policy LU-5.6: Continue to implement the Downtown Alcohol Beverage Policy.
Action SA-4.a: As part of the development review process, continue to consult with the Police
Department in order to ensure that the project does not impair the provision of
police services through inappropriate site design. The use of physical site
planning as an effective means of preventing crime, including lighting, visibility,
and video surveillance requirements shall be determined by the Police
Department, where applicable
33. The Proposed Project, as conditioned, would be consistent with the following Downtown
Development Plan policies and Goal:
Policy D-1.1: Building Orientation and Layout: New development and major rehabilitation
projects shall orient buildings on the street to create a continuous development
pattern geared to the pedestrian.
Policy D-1.2: Building Articulation: Given the unique character of the Downtown district, new
development and major rehabilitation projects shall incorporate the traditional
architectural style, articulation and details that reflect the City’s history and
promote its future.
Policy LU-4.1: Downtown Character: Require new development to be sensitive to the unique
character that defines Downtown Campbell.
Policy LU-6.1: Expansion of Downtown: Facilitate and encourage the evolution of the Downtown
beyond the loop streets, eastward to the Hwy 17 overpass and westward to the
Community Center, through public improvements, urban design and land use
patterns that connect, both visually and physically this stretch of Campbell
Avenue.
Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities
and development patterns consistent with urban centers and central businesses
districts, while maintaining a small town scale.
34. The Proposed Project is required by a Condition of Approval to including the installation
of additional lighting and security cameras, and preparation of a security plan for review
and approval by the Police Department, in furtherance of General Plan Action SA-4.a.
35. The requirement for a bicycle rack would support alternative transportation solutions.
36. In-lieu of construction of an ADA compliant curb ramp along the project frontage as part
of the future reconfiguration Harrison Avenue and Civic Center Drive intersection,
included in the Downtown PDA Enhancement Project (22-NN), as permitted by CMC
Section 11.24.040 (Requirements—General), the applicant shall be obligated to pay
$10,000 for its proportional share of the construction of the aforementioned
improvement. This fee is imposed pursuant to the Mitigation Fee Act (Government Code
§ 66000 et seq.) such that the $10,000 fee will be used to improve accessibility
compliance within the City's right-of-way in furtherance of the Americans with Disability
Act and would be benefit to customers of the proposed "taproom" some of whom may
be disabled.
Planning Commission Resolution No. 469_ Page 7 of 9
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37. In review of the Proposed Project, the Planning Commission considered traffic safety,
traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of
proposed structures and site layout, pursuant to Campbell Municipal Code Sec.
21.42.040 (Considerations in review of applications).
38. The Planning Commission's review of the proposed project further encompassed zoning
and General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement, and neighborhood impacts.
39. The Planning Commission also weighed the public need for, and the benefit to be derived
from, the project, against any impacts it may cause.
40. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
41. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
42. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment;
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the General Plan;
2. The project will be consistent with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area;
4. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Conditional Use Permit Findings (CMC Sec. 21.46.040.A):
5. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code;
6. The proposed use is consistent with the General Plan;
7. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area;
8. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate;
Planning Commission Resolution No. 469_ Page 8 of 9
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9. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on-site and in the vicinity of the subject property;
10. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city;
Special Findings for Liquor Establishments (CMC 21.46.070):
11. The establishment will not result in an over concentration of these uses in the
surrounding area;
12. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
13. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
14. The establishment will not significantly increase the demand on city services;
15. The establishment would be consistent with the Downtown Alcohol Beverage Policy;
Undue Concentration Finding (BPC Sec. 23958):
16. The public convenience or necessity would be served by the issuance of an on-sale
general liquor license;
Fence Exception Findings (CMC Sec. 21.42.060.B)
17. The [increased height] would not impair pedestrian or vehicular safety;
18. The [increased height] would result in a more desirable site layout;
19. The [increased height] would not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of the
change;
20. The [increased height] would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city;
Environmental Finding(s) (CMC Sec. 21.38.050):
21. The project is Categorically Exempt under Section 15332 of the California Environmental
Quality Act (CEQA), pertaining to In-Fill Development Projects which are found
consistent with all applicable general plan policies and zoning regulations, are under five
acres in size, and substantially surrounded by urban uses; and
22. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2c of the CEQA Guidelines.
Planning Commission Resolution No. 469_ Page 9 of 9
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THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit with Site and Architectural Review to allow construction of an
approximately 3,100 square-foot two-level commercial building with a rooftop deck including
a prefab kitchen module, a ground-level patio bounded by a 6-foot fence, and the associated
realignment of the civic center drive curb-line to accommodate refuse pickup and deliveries;
and to allow use of the property as a liquor establishment ("taproom") inclusive of beer and
wine beverage service with incidental off-site sales, ancillary live entertainment, and late
night activities (staff closing/clean-up after 11:00 pm and before 6:00 am); and a Tree
Removal Permit to allow removal of a 12-inch tree, on property located at 48 Civic Center
Drive, subject to the attached Conditions of Approval (Exhibit A).
PASSED AND ADOPTED this 13th day of February, 2024, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2023-59
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws
and regulations and accepted engineering practices for the item under review. Additionally,
the applicant is hereby notified that he/she is required to comply with all applicable Codes
or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review to allow construction of an approximately 3,100 square-foot two-
level commercial building with a rooftop deck including a prefab kitchen module, a
ground-level patio bounded by a 6-foot fence, and the associated realignment of the civic
center drive curb-line to accommodate refuse pickup and deliveries; and to allow use of
the property as a liquor establishment ("taproom") inclusive of beer and wine beverage
service with incidental off-site sales, ancillary live entertainment, and late night activities
(staff closing/clean-up after 11:00 pm and before 6:00 am); and a Tree Removal Permit
to allow removal of a 12-inch tree, on property located at 48 Civic Center Drive, on
property located at 48 Civic Center Drive. The project shall substantially conform to the
Approved Project Plans and Written Description included as Attachments B and C in the
February 13, 2024, Planning Commission Staff Report, except as may be modified by
conditions of approval contained herein.
2. Permit Expiration: Approval of the Conditional Use Permit with Site and Architectural
Review and Tree Removal Permit ("Approval") shall be valid for one (1) year from the
effective date of the Planning Commission action. Within this one-year period a Building
Permit must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this
deadline or expiration of an issued Building Permit shall result in the Approval being
rendered void. Once established, this Approval shall be valid in perpetuity on the Project
Site, subject to continued maintenance of an ABC liquor license as provided for in
Condition of Approval No. 11 (Operational Standards). Discontinuation of alcohol service
for a continuous period of twelve months, as evidenced by surrender or revocation of the
ABC license, shall void the Approval upon an affirmative determination by the Planning
Commission in a public hearing that the use has been discontinued.
3. Plan Revisions: The construction plans submitted for a Building Permit shall incorporate
appropriate notes and details to demonstrate compliance the relevant requirements of
Condition of Approval No. 11 (Operational Standards), and include the following
revisions/information to the satisfaction of the Community Development Director: (1)
installation of lighting on the westerly side of the building (wall-mounted pack lights or
overhead lights) to illuminate the adjacent walkway; (2) installation of lighting integrated
into the patio fence; (3) installation of a security camera system as per the required
Security Plan; (3) replacement of the landscaping adjacent to the entrance with concrete
sidewalk; (4) installation of a bicycle rack within the patio area; (5) construction details
for the rooftop glass panels consistent with the Noise Study recommendations; and (6)
specifications for the obscuring storefront film in front of the loading/trash room.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 2 of 14
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4. Signage: No signage has been approved as part of this Approval. New signage shall
not be installed prior to approval of a Sign Permit consistent with the signage standards
for the CB-MU Zoning District.
5. Minor Revisions: Architectural refinements and other minor revisions to the Approved
Project Plans may be administratively reviewed and approved by the Community
Development Director pursuant to CMC Sec. 21.56.060.
6. Material Samples: Prior to issuance of a building permit, a sample of the brick and wood
materials shall be submitted for review and approval by the Community Development
Director.
7. Timing of Tree Removal: The 12-inch tree authorized for removal shall only be removed
upon issuance of a Building Permit.
8. Water Efficient Landscape Standards: This project is subject to the California Model
Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive
Compliance Option in Appendix D. The Building Permit application submittal shall
demonstrate compliance with the applicable MWELO and landscaping requirements and
shall include Planting and Irrigation Plans that meet all requirements of the Prescriptive
Compliance Option in Appendix D and a completed landscape Documentation Package.
9. Lighting Design: The final design and type of lighting fixtures and lighting intensity of any
proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director for compliance with the City of Campbell Lighting
Design Standards (CMC Sec. 21.18.090).
10. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
11. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and
other City standards, the following operational standards shall apply:
a. Approved Use: The approved use is a Liquor Establishment commonly known as a
"taproom," limited to beer and wine service with incidental off-site sale of beer and
wine products, with Late-Night Activities (staff clean-up activity after 11:00 PM and
before 6:00 AM) and ancillary Live Entertainment, as defined by the Campbell
Municipal Code and limited by the operational standards listed herein.
b. Liquor License: The applicant shall obtain and maintain in good standing a license
from the State Department of Alcoholic Beverage Control for the sale of beer and/or
wine beverages for on-site consumption and incidental off-site sale, limited to either
a "Type 41" license (On-Sale Beer & Wine – Eating Place) or "Type 40" license (On-
Sale Beer Only).
c. Age Restriction: At no time shall the establishment institute an age restriction in
order for individuals to patronize the business (i.e., minors shall be permitted within
the establishment at all times that the business is open to the public).
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 3 of 14
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d. Hours of Operation: Hours of operation shall be as follows. By the end of "Business
Hours" all patrons shall have exited the establishment. By the end of the
Operational Hours" all employees shall be off the premises (except for emergencies).
• Business Hours 6:00 AM – 11:00 PM, daily
• Operational Hours: 5:00 AM – 12:00 AM, daily
e. Food Service: Food service shall be available at all times during "Business Hours"
throughout the entire establishment (indoors and outdoors).
f. Beverage Service. Beer and wine beverages shall be offered in both full-size
servings as well as smaller "taster"/"flight" portions.
g. Seating/Patron Occupancy: Indoor and outdoor patron occupancy shall be limited
to the maximum occupancy capacities of certain rooms as determined by the
California Building Code (CBC).
h. Floor Plan Layout: Tables and chairs shall be provided in a configuration consistent
with the Approved Project Plans, and shall not be stacked, removed, or otherwise
relocated to create large open spaces for patrons to congregate.
i. Off-Site Sale: The retail sale of beer and/or wine products for off-site consumption
shall be limited to the "merchandise"/ "grab and go" areas depicted on the Approved
Project Plans. During Downtown Special Events authorized by the City Council that
include the sale of alcoholic beverages (e.g., "Oktoberfest" and "Boogie on the
Bayou"), the establishment shall be prohibited from selling alcoholic products for off-
site consumption.
j. Noise: Regardless of decibel level or source, no noise generated by the
establishment shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the residents. In the event
verified complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the "business hours", "hours of
operation", and/or "live entertainment hours", pursuant to Condition of Approval No.
12 (Revocation of Permit).
k. Maximum Occupancy Sign: The establishment shall include and maintain three (3)
maximum occupancy signs of a size to be determined by the Community
Development Director, conspicuously posted within the (1) interior seating area, (2)
ground-level patio, and (3) upper-level deck, which shall include the maximum
occupancies and include a visual depiction of the floor plan included in the approved
construction drawings submitted for a Building Permit. It is the responsibility of the
establishment to provide adequate entrance controls to ensure that patron occupancy
is not exceeded.
l. Doors and Windows: All doors and windows shall remain closed after 10:00 PM.
m. Queuing: The establishment owner shall ensure that patrons do not form a queue
outside of the building entrance blocking the public sidewalk.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 4 of 14
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n. Special Events: The Community Development Director may allow special events
through consideration of a Temporary Use Permit application in compliance with
Chapter 21.45 of the Campbell Municipal Code, even if such events would otherwise
conflict with the Conditions of Approval provided herein.
o. Live Entertainment: Ancillary live entertainment is permitted, subject to the following
standards:
i. Allowance: Live entertainment is limited to live musicians (i.e., singers, bands,
and instrumentalists) intended to serve as an ancillary element beverage and
food service.
ii. Location: Live entertainment may be performed on either the ground-level
patio or upper-level deck, but not both areas simultaneously. A Live
Entertainment Permit may more precisely restrict the exact location that live
entertainment may be conducted.
iii. Amplification: Amplified music shall be channeled through a built-in speaker
system. The speaker system shall include an electronic limiting feature to
ensure speaker sound levels do not exceed 95 dBA as measured at a distance
of 3-feet. Stand-alone amplification systems are prohibited.
iv. Live Entertainment Hours: Live entertainment shall be permitted daily, ending
at 10:00 PM Friday and Saturday, and 9:00 PM the remainder of the week.
v. Noise: The sound generated by the live entertainment is subject to the general
noise standard provided by Condition of Approval No. 11.j (Noise). If the City
receives verified noise complaints related to live entertainment, the
establishment owner shall cooperate with the Community Development
Director to address the complaints through operational changes, including, but
not limited to, a reduction in amplification level, a change in the location of live
entertainment performances, alternative speaker placement, and/or
preparation of a new noise study (at the business owner's expense). If the
complaints cannot be resolved through these measures, the Community
Development Director may curtail the approved live entertainment hours, as
provided for by Condition of Approval No. 12 (Revocation of Permit).
vi. Live Entertainment Permit: The establishment owner shall secure approval of
a Live Entertainment Permit in compliance with CMC Section 5.24 prior to the
commencement of any live entertainment performances.
vii. Dancing: No part of the outdoor seating areas shall be cleared to create a
dance floor; however, this restriction shall not be construed as to preclude
spontaneous dancing by patrons.
viii. Security: Security shall be provided if required by a Live Entertainment Permit.
ix. Cover Charge: At no time shall a cover charge be required or a donation
necessary in order to patronize the establishment.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 5 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
p. Security Plan: If deemed necessary by the Police Department, the establishment
owner shall prepare a security plan to the satisfaction of the Police Chief, including,
but not limited to, provision of private security, installation of a security camera
system, installation of security lighting, and/or installation of security signage.
q. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060. Smoking shall be prohibited on the property and on the public
sidewalk within twenty feet of the building. It is the responsibility of the establishment
owner to ensure patron compliance with this restriction.
r. Seating Furniture: Outdoor furniture shall be of durable and weather-resistant
material, specifically metal and/or wood, or a composite material (e.g., polypropylene)
if the majority of the furniture piece consists of metal or wood. The exact design of
outdoor furniture, including tables, chairs, umbrellas, and heaters, shall be subject to
approval by the Community Development Director for compliance with this
requirement. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
s. Storefront Transparency: Except for the storefront system in front of the
loading/trash room, all storefront glazing shall be transparent and not be obscured
through signage, "black-out" tinting, curtains, or similar obstructions.
t. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
u. Loitering: There shall be no loitering allowed outside the establishment. The
establishment owner is responsible for monitoring the premises to prevent loitering,
including contacting the Police Department as necessary to enforce this requirement.
v. Visual Clearance: The establishment shall maintain the adjacent sidewalk free of
any objects that could block the vehicular line of sight along Civic Center Drive.
w. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept within
the trash room except during collection in compliance with CMC Chapter 6.04
(Garbage and Rubbish Disposal). The door to the trash room shall remain closed at
all times except for when receptacles are being moved.
x. Property Maintenance: All exterior areas of the business shall be kept free from
graffiti, trash, rubbish, and litter placed on the property, in compliance with CMC
Section 21.16.110 (Site Maintenance). The establishment owner shall regularly
power-wash the driveway and adjacent public sidewalk leading from the trash room
to the loading zone to ensure the concrete surface remains unsoiled from refuse
receptacles.
y. Landscape Maintenance: All landscaping shall be maintained in compliance with
Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance
Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or
unhealthy plants shall be replaced with healthy plants of the same or similar type.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 6 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
z. Employee Training: The establishment shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association and the Department of Alcoholic Beverage Control.
aa. Designated Driver Program: The establishment shall maintain and actively promote
a designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers, provision of non-alcoholic beer or wine beverages, etc.).
bb. Outdoor Storage: Outdoor storage, including but not limited to, linens, kegs, boxes,
cartons, is prohibited. When not in use, propane canisters shall be stored in the
designated storage area.
cc. City Meetings: At the discretion of the Police Chief, periodic meetings will be
conducted with representatives from the Police Department and Department of
Alcohol Beverage Control for on-going employee training on alcoholic beverage
service to the general public.
12. Revocation of Permit: Exercise of this Approval is subject to Sections 21.68.020,
21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate
decision making body to modify or revoke a Conditional Use Permit if it is determined
that the sale of alcohol, live entertainment and/or late-night activities has become a
nuisance to the City’s public health, safety or welfare or for violation of this Approval or
any standards, codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the establishment generates
three (3) verified complaints related to violations of conditions of approval (e.g., noise,
etc.) and/or related to the service of alcohol within a twelve (12) month period, a public
hearing before the Planning Commission may be scheduled to consider modifying
Conditions of Approval or revoking of the Approval. The Community Development
Director may commence proceedings for the revocation or modification of the Approval
upon the occurrence of less than three (3) verified complaints if the Community
Development Director determines that the alleged violation warrants such an action. The
Director may also at such time immediately restrict the approved "business hours",
"hours of operation", and/or "live entertainment hours" to address complaints in a timely
manner. In exercising this authority, the decision making body may consider the following
factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of patrons actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department; and
e. Violation of conditions of approval.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 7 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
BUILDING DIVISION
13. Permit Required: A building permit application shall be required for the proposed project.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
14. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Deferred Submittals: Upon submittal for a Building Permit, include a Deferred Submittal
Heading on the cover sheet for Fire Sprinklers, Alarm Systems, and Manufactured Truss
Systems.
16. Life Safety/Egress Sheet: Upon submittal for a Building Permit, include a Life
Safety/Egress sheet that shows any fire/egress elements such as: exit signs, emergency
lighting, fire extinguishers, property line fire walls, panic hardware, FDC's, and the egress
path with the discharge area and the occupied roof exits.
17. Accessibility Sheet: Upon submittal for a Building Permit, include an Accessibility Plan
that shows an accessible path from the sidewalk and accessible parking into the building
to designated and random accessible seating (4 tops, 2 tops, bar, and rooftop), path to
the restroom, detail of the restroom, and accessible common areas that include
employees and patrons.
18. Construction Activities: The applicant shall abide by the following requirements during
construction and demolition activity:
a. General City Requirements: Construction activity shall comply with these general City
construction requirements:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays or holidays unless an exception is granted by the
Building Official.
c. All construction equipment with internal combustion engines used on the
project site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
f. The property shall be properly enclosed with construction fencing to prevent
unauthorized access to the site during construction. The construction site shall
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 8 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
be secured to prevent vandalism and/or theft during hours when no work is
being done.
b. Noise Attenuation Measures: Due to the proximity of adjacent residences, the
following noise attenuation measures shall be implemented:
a. All construction equipment shall be properly maintained in good working order.
b. Prior to construction activities, designate a “Construction Noise Coordinator”
who would be responsible for responding to any local complaints about
construction noise. The Construction Noise Coordinator shall determine the
cause of the complaint and shall require that reasonable measures warranted
to correct the problem be implemented (potentially including temporary noise
barriers). The telephone number for the Construction Noise Coordinator shall
be conspicuously posted at the construction site.
c. The construction contractor shall provide, at least three weeks prior to the start
of construction activities, written notification to all nearby residential units
within 200 feet of the construction site informing them of the estimated start
date and duration of construction activities.
d. Locate temporary generators and air compressors (if utilized) as far away from
sensitive noise receptors as necessary to reduce noise.
c. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their
construction contractors to reduce construction-related fugitive dust by implementing
BAAQMD’s basic control measures at all construction and staging areas, including:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of
dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number and person
to contact the builder regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.
d. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant
shall require their construction contractors to implement the following measures
during construction to reduce exhaust emissions:
a. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 9 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
Code of Regulations). Clear signage shall be provided for construction workers
at all access points.
b. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
e. Construction Hours/Fines/Stop Work Notice: Failure to comply with above
requirements that result in verified complaints may result in the issuance of a Stop
Work Notice issued to the project with cessation of work for a minimum of seven (7)
days from the date of issuance and an Administrative fine of up to $1,000.00.
f. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
PUBLIC WORKS DEPARTMENT
19. Construction Drawings: The applicant shall submit the following permit applications prior
to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage
improvements for the project shall be shown on a separate street improvement
plan as detailed here: https://www.campbellca.gov/187/Street-Improvements
b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading,
drainage, stormwater, landscaping, ADA and site improvements for the project
shall be shown on a separate building permit plan as detailed here:
https://www.campbellca.gov/DocumentCenter/View/16594
c. Street Dedication: The street dedication documents required for this project
shall be submitted for review by the City Survey
20. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted in fee for public street purposes along the Civic Cetner Drive
frontage to accommodate the existing constructed sidewalk, unless otherwise approved
by the City Engineer. The applicant shall submit the necessary documents for approval
by the City Engineer, process the submittal with City staff’s comments and fully
complete the right-of- way process. The applicant shall cause all documents to be
prepared by a registered civil engineer/land surveyor, as necessary, for the City’s
review and recordation.
21. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the
site, the applicant shall conduct hydrology studies based on a ten-year storm frequency,
prepare an engineered grading and drainage plan, and pay fees required to obtain
necessary grading permits. Prior to occupancy, the design engineer shall provide
written certification that the development has been built per the engineered grading and
drainage plans.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 10 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
22. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
and the Campbell Municipal Code regarding stormwater pollution prevention.
Specifically the project must include source control, site design and treatment measures
to achieve compliance with Provision C.3. of the NPDES Permit. Measures may
include, but are not limited to, minimization of impervious surface area, vegetated
swales, infiltration areas, and treatment devices. The primary objectives are to improve
the quality and reduce the quantity of stormwater runoff to the bay. The construction,
operation & maintenance of stormwater treatment facilities on-site and off-site will be
the applicant's sole responsibility.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater Quality:
A Companion Document to Start at the Source (“Using Site Design Techniques”) by
BASMAA, 2003.
The applicant shall calculate and submit to the City the amount of impervious surface
created by the development including the types of stormwater controls to be used. The
applicant shall submit preliminary sizing and design showing stormwater controls meet
the City’s requirements.
Prior to issuance of any grading or building permits:
a. The applicant’s designer or engineer shall submit the required certification
indicating that sizing, selection, and design of treatment BMP’s for the project
site has been completed to meet the requirements of the City of Campbell’s
NPDES permit, Provision C.3.
b. The applicant shall sign the “Covenants for the Operation and Maintenance of
Stormwater Facilities” and submit a Stormwater Management Plan.
Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management
facilities, submit a complete set of as-built drawings to Public Works
Engineering, and certify on these drawings that:
1. The stormwater management facilities were constructed in
compliance with the approved plans.
2. Any changes are in conformance with local, state, or federal regulations.
3. The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials.
4. All variations in construction from the approved design plan have
been identified, including omissions to and additions from the
approved plan.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 11 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
23. Maintenance of Stormwater / Landscaping Facilities: Owner(s), current and future, are
required to maintain the landscaped bio-treatment areas and tree wells in the public right
of way. This includes, but is not limited to: trees, plantings, irrigation, etc. Trees shall not
be pruned in a manner that would not allow the tree to grow to a mature height. Execution
of a Maintenance Agreement will be required prior to Building Permit Final.
24. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies.
Utility locations shall not cause damage to any existing street trees. Where there are
utility conflicts due to established tree roots or where a new tree will be installed,
alternate locations for utilities shall be explored. Include utility trench details where
necessary.
25. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
26. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
27. Pavement Restoration: The applicant shall restore the pavement in compliance with
City standard requirements. In the event that the roadway has recently received a
pavement treatment or reconstruction, the project will be subject to the City’s Street Cut
Moratorium. The applicant will be required to perform enhanced pavement restoration
consistent with the restoration requirements associated with the Street Cut Moratorium.
The City’s Pavement Maintenance Program website
(https://www.ci.campbell.ca.us/219) has detailed information on the streets currently
under moratorium and the enhanced restoration requirements.
28. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior
to issuance of any grading or building permits for the site, the applicant shall execute a
street improvement agreement, cause plans for public street improvements to be
prepared by a registered civil engineer, pay various fees and deposits, post security
and provide insurance necessary to obtain an encroachment permit for construction of
the standard public street improvements, as required by the City Engineer. The plans
shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 12 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
c. Installation of City approved street trees, tree wells and irrigation at 30 feet on
center.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant curb
cut for dumpster roll-out.
e. Installation of stormwater treatment facilities needed to comply with MRP 3.0.
The plants and fencing shall not exceed a height of three (3) feet.
f. Storm drain pipe installed in the right-of-way shall be either RCP or Ductile Iron
Pipe.
g. Installation of asphalt concrete overlay per street pavement restoration plan
for utility installation and/or abandonment, as required by the City Engineer.
h. Installation of streetlights, conduits, conductors and related facilities in
accordance with the City of Campbell’s Street Lighting Policies.
i. Installation of traffic control, stripes and signs. The striping shall be
consistent with the recommendations in the project’s Traffic Safety Analysis
report.
j. Construction of conforms to existing public and private improvements, as
necessary.
k. Submit final plans in a digital format acceptable to the City.
29. In-lieu Contribution: Prior to issuance of the building permit, the applicant shall
contribute $10,000 towards the construction of a future ADA curb ramp along the
project’s frontage as part of the Campbell Downtown PDA Enhancement Project (22-
NN).
30. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the
City, and the design engineer shall submit as-built drawings to the City.
31. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
32. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
33. Coordination with Capital Improvement/Other Projects: The City of Campbell is in the
process of redesigning the intersection of Civic Center Drive and Harrison Avenue as
part of the Campbell Downtown PDA Enhancement Project (22-NN).
34. Trash Enclosure Requirements: The following standards pertain to the trash room:
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 13 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
(a) NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):
For all new development and redevelopment projects that are subject to the
Permittee’s planning, building, development, or other comparable review, but not
regulated by Provision C.3, encourage the inclusion of adequate source control
measures to limit pollutant generation, discharge, and runoff. These source control
measures should include:
o Covered trash, food waste, and compactor enclosures.
(b) Campbell Municipal Code 14.02.030 "Stormwater Pollution Control /
Requirements". The code states that no pollutants or water containing pollutants
can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over and
into roofless enclosures, collecting pollutants and discharging to the City's storm
drain system. Applicants are required to show how new trash enclosures will not
discharge pollutants into the storm drain system. One possible method is to provide
a sanitary drain in the trash enclosure.
(c) West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
COUNTY FIRE DISTRICT
35. Buildings and Facilities Access: Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or with the jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend to within 150 feet of all portions of the
facility and all portions of the exterior walls of the first story of the building as measured
by an approved route around the exterior of the building or facility. [CFC, Section
503.1.1]. Fire department access cannot be met to all portions of the proposed building
due to zero lot line. Rated walls and no wall openings in accordance with CA Building
Code Ch. 705 on zero lot line need proposed on Sheet PA0.2 in order to avoid need for
fire department access. Will be evaluated at building permit review.
36. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of
NFPA 72 for fire alarm requirements.
37. Required Fire Flow: The minimum required fire flow for this project is 2,250 Gallons Per
Minute (GPM) at 20 psi residual pressure.
38. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304.
39. Fire Sprinklers Required: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or
in Sections 903.2.1 through 903.2.18.
40. Fire Department Connection: The fire department connection (FDC) for the structure in
support of the sprinkler system shall be installed at the street on the street address side
Exhibit A – Conditions of Approval ~ 48 Civic Center Dr. Page 14 of 14
PLN-2023-59 – Conditional Use Permit w/Site and Arch. Review
of the building. It shall be located within 100 feet of a public fire hydrant and within ten
(10) feet of the main PIV (unless otherwise approved by the Chief due to practical
difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2-
1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be
such that hose lines may be readily and conveniently attached to the inlets without
interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].
41. Two-way Communication System Required: Two-way communication systems shall be
designed and installed in accordance with NFPA 72 (2016 edition), the California
Electrical Code (2013 edition), the California Fire Code (2016 edition), the California
Building Code (2016 edition), and the city ordinances where two way system is being
installed, policies, and standards. Other standards also contain design/installation
criteria for specific life safety related equipment. These other standards are referred to
in NFPA 72.
42. Construction Site Fire Safety: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
43. Address identification: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm). Where access is by means of a private road and the building cannot be
viewed from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
Attachment B
Out of the Barrel | www.outofthebarreltaproom.com | 48 Civic Center Drive, Campbell, CA 95008
March 24, 2023 Out of the Barrel, Inc
180 Garlic Ave
Morgan Hill, CA 95037
City of Campbell Planning & Building Department
RE: Out of the Barrel Taproom
48 Civic Center Drive
Campbell, CA 95008
To Whom It May Concern,
Out of the Barrel was created to improve the availability and awareness of great,
independently brewed craft beer. I opened our first taproom in the Pruneyard on June 4,
2018. As a Campbell native and Saint Lucy School graduate, I am deeply connected to this
community and so proud that we were able to start our business here.
In just a few short years, Out of the Barrel has achieved overwhelming success in creating
excitement around small craft breweries in Campbell and has expanded that enthusiasm to
communities in Fresno, Los Gatos, Morgan Hill, and soon to be San Carlos. While we greatly
appreciate the opportunity and exposure we’ve had in the historic Pruneyard, we believe
moving our operations to our own property in downtown Campbell is the key to our
continued future success.
The location we’ve chosen to develop our taproom is located on a vacant lot on Civic Center
Drive. This site will require significant investment to develop, including bringing utilities
(water/sewer/power) from N Central Ave, reconfiguring city owned pedestrian
sidewalk/lighting/trees, and constructing a single story commercial building with an
occupiable 2nd floor rooftop.
The building has been designed to create a relaxed, welcoming atmosphere for the community
to reconnect with one another. Out of the Barrel will maintain a craft beer taproom and bottle
shop at the ground level, along with counter-service small bites, and an outdoor beer garden
on both the ground level as well as the rooftop. Additionally, a small counter-service kitchen
on the rooftop patio will feature a rotating food menu and craft made coffee and tea. We will
be pursuing either a Type 40 or Type 41 ABC license (40: On-Sale Beer, 41: On-Sale Beer &
Wine – Eating Place), both of which authorize the sale of beer both on- and off-premises. We
will maintain a small kitchen for hot food available during all hours of operation, and minors
will be allowed on-site. Altogether, our intention is to create a family friendly atmosphere by
offering comfortable seating, counter service food that pairs well with the best quality craft
beer we can source, and a variety of non-alcoholic beverage options.
Our craft beer taproom will feature several of the best breweries we can find (mostly from
California) with a selection that rotates on a daily basis. We offer full pours, tasters, and mix
Attachment C
Out of the Barrel | www.outofthebarreltaproom.com | 48 Civic Center Drive, Campbell, CA 95008
and match flights of anything on our list. The bottle shop will consist of a constantly rotating
selection of high-end cans, bottles, kombuchas, seltzers, and non-alcoholics.
From our operations in the Pruneyard, we recognize the need to create spaces that can be
reserved for small community gatherings, such as corporate events, wedding pre/post
parties, birthday parties, and the like. We receive requests to rent our space out for these
types of events on a very regular basis, but are unable to accommodate them due to
limitations with our existing space. Therefore, we have designed our new taproom to host
both private parties and regular customer traffic at the same time.
The taproom will be operated with a staff of about 12 – 15 people (with 2 – 6 employees
working at any given time). The majority of the business will be based upon selling craft beer
for consumption on the premises. This is estimated to be approximately 75 – 80% of overall
sales. Customers will also have the ability to purchase for consumption off the premises,
which is estimated to be 10 – 15% of overall sales. Food, non-alcoholic beverage, and
merchandise purchases are estimated to be about 10 – 15% of overall sales.
The craft beer taproom maximum hours of operation will be from 10am opening to 11pm
closing. The building may be open earlier in the day, starting around 6am for coffee, espresso,
tea, and breakfast food service. We will be pursuing a live music permit to host local
musicians to provide casual background music. We want to ensure that we are not creating
excess noise for our residential neighbors, and are designing our space to reduce noise
pollution through the use of walls, glass barriers, and landscaping structures. Additionally, we
are happy to comply with limited hours of live music operations, as directed by the City.
The following security plan will be implemented upon opening to provide a safe and secure
environment for our employees, patrons, and neighbors:
• A Designated Contact Person (24hrs/Day, 7 Days/Week): Evan Jaques – Owner
408-807-8619 | evan@outofthebarrelbeer.com
• All employees are required to provide ABC’s Responsible Beverage Service Training
certification.
• All bartenders and employees have been trained to recognize the symptoms of an
obviously intoxicated person, refuse service of alcoholic beverages to obviously
intoxicated persons, and report emergencies to law enforcement and manager on duty.
• An adequate number of employees are always scheduled to work based upon the
regularly anticipated volume of patrons during all working days.
• Out of the Barrel has partnered with Think Twice to make available a low cost, single
use breathalyzer for all customers to prevent intoxicated driving in our community.
• First Aid supplies shall be maintained on site in the employee back of house area. Type
2A:10B:C fire extinguishers shall be easily and readily accessible to all staff members
in case of a fire emergency.
• Out of the Barrel utilizes state of the art security controls and monitoring such as
commercial door locks, wifi connected alarm system, and wifi connected video
cameras that upload all content to a cloud based 30-day recording system.
Out of the Barrel | www.outofthebarreltaproom.com | 48 Civic Center Drive, Campbell, CA 95008
Please let me know if you have any questions or need further clarification. We look forward to
continue our operations in the City of Campbell.
Evan Jaques
Owner
Out of the Barrel, Inc.
408-807-8619
evan@outofthebarrelbeer.com
Attachment D
Memorandum
Date: November 16, 2023
To: Mr. Matthew Jue, City of Campbell
From: Kai-Ling Kuo, Gary Black
Subject: Traffic Safety Analysis for the Proposed Taproom at 48 Civic Center Drive in
Campbell, California
Hexagon Transportation Consultants, Inc. has completed a traffic safety analysis for a proposed 2,933 square-foot taproom at 48 Civic Center Drive in Campbell, California. The site is at the south
side of the T-intersection at Harrison Avenue and Civic Center Drive (see Figure 1). Civic Center Drive is curved along the project frontage.
The project proposes to move the curb line and sidewalk along the project frontage away from the
street to provide a loading zone. The loading zone would be delineated with cross-hatch striping (see Figure 1). The loading zone is intended to serve delivery trucks and trash trucks. Because of the small size of the site, there is no room for any on-site parking or loading. Figure 2 shows the ground and roof plans.
The purpose of this study is to evaluate sight distance for the proposed loading zone and to
evaluate traffic/pedestrian safety at the Harrison Avenue/Civic Center Drive intersection.
Sight Distance Evaluation
A stopping sight distance analysis was conducted for the proposed loading zone to determine whether approach vehicles on Civic Center Drive would have sufficient sight distance to identify trucks and vehicles departing from the loading zone.
Civic Center Drive has a posted speed limit of 25 mph street, with a design speed of 30 mph. According to the Caltrans Highway Design Manual, the recommended sight distance for a 30 mph
roadway is 200 feet. Therefore, the sight distance for identifying vehicles departing from the loading zone must be at least 200 feet. Figure 3 shows the loading zone and the amount of sight distance provided.
As shown on the figure, the loading zone would be located in front of the building west of the project site. Because the project would move the sidewalk and property line away from the travel lanes, drivers exiting the proposed loading zone would be able to see oncoming traffic 200 feet
east of the loading zone. Therefore, the loading zone would have adequate sight distance for exiting drivers and for oncoming vehicles on Civic Center Drive.
There is landscaping behind the existing sidewalk and along the property line between the project
site and the adjacent property to the west, which currently restricts the sight distance for the on-street parking in front of the adjacent property. Because the project would move the sidewalk closer to the building and install a delivery curb cut along the west property line, the existing landscaping would be removed.
Attachment E
= Project Site
= Loading Zone
LEGEND
48 Civic Center Drive
Figure 1
Site Location
48 Civic Center Drive
Figure 2
Proposed Site Plan
Proposed Roof Plan
Proposed First Floor Plan
55' - 0"9' - 0"10' - 0"4' - 0"7' - 11"20' - 1"
CIVIC CENTER
DRIVE
CENTRALAVENUEHARRISONAVENUE48 Civic Center Drive
Figure 3
Loading Zone Sight Distance
Traffic Safety Analysis for Taproom at 48 Civic Center Drive November 16, 2023
Page | 5
The site plan shows there would be a bio-treatment area on the sidewalk in front of the building. There would be guardrails surrounding the bio-treatment area, with a height of 3.75 feet above the
pavement, which is higher than the typical height of the driver’s eye of 3.5 feet. Therefore, the guardrails could be in the line of the sight between approaching traffic and the back corner of the loading area. Because trucks in the loading area are typically higher, they can be visible to
approaching vehicles even with the guardrail slightly higher than the typical height of the driver’s eye. Additionally, the guardrails around the bio-treatment area would not be solid. Therefore, the proposed design would not block the line of sight for approaching vehicles.
The existing tree and light poles would have to be relocated to the new sidewalk. These trees have high canopies and are not expected to block the line of sight between the loading zone and oncoming traffic. The project should keep the sidewalk in front of the patio area clear without any
objects blocking the line of sight.
Lane Width on Civic Center Drive
As shown on Figure 1, the loading zone would be 9 feet wide and 55 feet long. The width of the inside travel lane next to the loading zone would be 12 feet wide. With the proposed delineation,
the width of the inside trave lane would also maintain a minimum of 12 feet along the curve.
Pedestrian Safety Evaluation
Because the project would not provide on-site parking, the taproom patrons would park in the parking lot across the street or on Civic Center Drive, Harrison Avenue or adjacent streets, and
walk to the taproom. Therefore, pedestrian safety for crossing Civic Center Drive in the project proximity and walking on the sidewalk along the project frontage was evaluated.
Based on speed measurements obtained from the City, the 85th percentile travel speed on Civic
Center Drive west of Harrison Avenue is 30 mph, which is within 5 miles of the posted speed of 25 mph. Therefore, the segment of Civic Center Drive in the project vicinity does not have a vehicle speeding issue.
Based on the collision data on Civic Center Drive between Central Avenue and Railway Avenue from 2015 to 2022, there was only one collision that occurred along the section due to unsafe speed, and there were no pedestrian related collisions in the past 7 years.
The project would move the sidewalk away from the travel lane and add the loading zone between the travel lane and sidewalk, which would reduce the chance for errant vehicles to crash into the
sidewalk or for inattentive pedestrians to stumble into the travel lane.
The project would increase the number of patrons traveling on the sidewalk along the frontage. Therefore, the project should ensure the new sidewalk provides adequate lighting. There are three
light poles along the project frontage (one streetlight and two sidewalk light poles). The project should retain these light poles.
Figure 1 shows that the entrance to the building would be right against the sidewalk. The new curb
cut located next to the entrance for deliveries and trash would result in 5 feet of sidewalk width for pedestrians to pass through. Therefore, any person standing outside of the entrance would potentially block the sidewalk. Figure 2 shows that there would be a standing waiting area inside
the building. Patrons who would need to wait for a table typically grab a drink and sit or stand around in the area or by the bar. Therefore, it is not likely the taproom patrons would line up outside of the building. However, the taproom should ensure that there are no patrons waiting
outside of the building on the sidewalk to avoid blocking the pathway for pedestrians.
Traffic Safety Analysis for Taproom at 48 Civic Center Drive November 16, 2023
Page | 6
The project would increase the number of pedestrians crossing Civic Center Drive at the Harrison Avenue intersection from the parking lot across the street. Because there is a pork-chop island to
channelize southbound traffic from Harrison Avenue, there is no crosswalk on the west side of the intersection. Pedestrians need to cross Harrison Avenue first (one of the crosswalks is uncontrolled) and use the crosswalk on the east side of the intersection to cross Civic Center Drive.
This increases the crossing distance for patrons and may increase the chance for pedestrians to make an unsafe crossing in front of the taproom. Therefore, patrons of the taproom would benefit from a reconfiguration of the intersection to a standard T-intersection by removing the pork-chop
island and providing a crosswalk on the west side of the intersection. All crosswalks should be controlled by the signal.
The City of Campbell Priority Development Area Transportation Improvement Plan (TIPC)
developed a suite of transportation and urban design projects to improve walking, bicycling and transit access for the Downtown Campbell Priority Development Area (PDA). The TIPC has evaluated the Harrison Avenue/Civic Center Drive intersection and recommended improvements to reconfigure the intersection (see Figure 4). As shown on the figure, the reconfigured intersection would improve pedestrian safety across the intersection.
Conclusions
The study evaluated sight distance for the proposed loading zone and traffic/pedestrian safety
along the project frontage and at the Harrison Avenue/Civic Center Drive intersection. The loading zone would have adequate sight distance for exiting drivers and for oncoming vehicles on Civic Center Drive.
Hexagon has the following recommendations resulting from the analysis.
Recommendations:
The project should keep the sidewalk in front of the patio area clear without any objects blocking the line of sight.
The project should ensure the new sidewalk provides adequate lighting. There are three light poles along the project frontage (one streetlight and two sidewalk light poles). The project should retain these light poles.
The taproom should ensure that there are no patrons waiting outside of the building on the sidewalk to avoid blocking the pathway for pedestrians.
The intersection of Harrison Avenue/Civic Center Drive should be reconfigured to a standard T-intersection by removing the pork-chop island and providing a crosswalk on the west side of the
intersection. All crosswalks should be controlled by the signal.
Source: City of Campbell Priority Development Area
Transportation Improvement Plan (TIPC)
48 Civic Center Drive
Figure 4
TIPC Recommended Improvements at Harrison Avenue and Civic Center Drive
CB-MU Zoning District Design Standards (CMC Sec. 21.11.060.G)
Building Mass
a.Large building facades shall be divided into smaller elements to
complement the intimate scale created by the existing small
property divisions.
b.Second floor decks or terraces at the rear of buildings for use
by adjacent offices or restaurants should be incorporated
whenever practical to add a sense of vitality to the rear building
facades.
c.Roof design shall be consistent with the building's architectural
style. Mansard, shed or residential type roofs are prohibited
unless it is demonstrated that such a roof style is structurally or
architecturally suitable for the particular project or location.
Other Elements
a.Trash collection and storage areas shall be carefully
screened.
b.Mechanical equipment shall be screened from
view. Exhaust louvers shall not be located in the
storefront areas.
c.Colorfully landscaped planters are allowed. These
are especially appropriate below second floor
windows.
d.All building maintenance shall be done
conscientiously.
Storefronts
a.First floor frontages shall have an integrated design including
display windows, an entry, and signing.
b.The design of the building storefront shall be consistent with
the building's architectural style.
c.Walls facing pedestrian ways should have elements of visual
interest, such as fenestration, displays, signing, or landscaping,
unless the effect of such elements would be clearly contrary to
the purposes of this chapter. Large areas of blank walls should
not be permitted unless it is demonstrated that such blank
areas are clearly more appropriate and harmonious than would
be the case if elements of visual interest were incorporated.
d.Entries should be recessed, as they add depth to storefront,
and act as transition areas between the street and shop
interiors, unless the effects of such entries would be clearly
contrary to the purposes of this paragraph.
e.Doors and windows shall be of clear glass. Unglazed wood
doors, screen doors and doors or windows of heavily tinted or
reflective glass should not be approved unless it is
demonstrated that such doors and windows are the only
structurally or architecturally suitable form for the particular
project or location.
f.Storefront windows shall reflect the building's character. For
instance, on 1940's and 50's "showcase" buildings, exposed
aluminum frame windows are appropriate.
g.Awnings on building facades should be employed when
appropriate, as they add color, weather protection, and
opportunities for signing. As in other architectural elements,
the awnings should be designed to reflect the building's
geometry.
Materials, Colors, and Finishes
a.Primary facade materials shall be limited to those
that are characteristic of the building's
architectural style.
b.Exterior wall finishes shall be smooth and of
finished quality, not deliberately rough in an
attempt to look antiqued or used.
c.Primary building colors shall be characteristic of
the building's architectural style. Overly bright,
garish, or otherwise offensive colors or color
combinations are prohibited.
d.Accent materials such as tile bases shall be
carefully chosen to complement the building style
and coordinate with adjacent buildings. The use of
shingles, lava rock, sheet metal siding, or any other
residential or industrial materials should not be
approved unless it is demonstrated that such
material would be the only structurally or
architecturally suitable materials for the project or
location.
e.Painted trim shall coordinate with primary facade
colors to add more depth and interest to the
buildings.
f.A coordinated color scheme that responds to the
style of the structure shall be developed for each
building. The colors of signing, awnings, planters,
accent materials, and primary facade colors should
all be considered. The number of colors should be
limited.
Building form and Composition
a.Traditional commercial building forms should be incorporated whenever practical.
b.Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows, augmented
with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are the only structurally
or architecturally suitable form of wall for the particular project or location.
c.Architecturally exemplary design of high quality shall be employed. Buildings should not be made to look "old time" unless
such design would be clearly more appropriate and harmonious with the purpose of this chapter.
d.Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style.
Attachment F
Attachment G
Acoustic Noise Modeling Results
September 12th, 2023
Oliver Bollmann, AIA, LEED AP
CAS Architects, Inc
1987 Leghorn St, Ste 101
Mountain View, CA 94043
Dear Mr. Bollmann,
VEC estimates the noise level from the performance of live music or DJs on the second-floor patio of Field
to Barrell Taproom at 48 Civic Center Drive in Campbell, CA, to be within the required 65 dBA noise level
ordinance with the following mitigation:
•Noise levels from live music need to be limited to 90 dBA when measured 3 feet from the sound
source
•The construction of a glass railing with a minimum height of 7 feet above floor level and no more
than a ½" air gap between the glass railing panels and a 3" gap between the glass railing and the
building structure. The glass railing should have a minimum thickness of ½" with tempered glass
or PVC construction.
Following these guidelines, VEC estimates the noise level to be 46.5 dBA or lower at the nearest
residential property line near 80 Harrison Ave.
VEC used the following data sets for its analysis:
•Field to Barrell Taproom Campbell Planning Package (2023.03.24 provided by CAS Architects
•Cupertino Municipal Code 21.16.070 Noise Section E – Residential Noise Standards
To complete the modeling, VEC used the following acoustic modeling tools:
•INSUL Sound Insulation Acoustic Software
•Standard acoustic modeling calculations
Risks to this model are variations in design, changes in material selection, and standard error levels in any
model. Although a slight deviation from the calculated noise level is normal, VEC does not expect the
noise level to exceed the 65 dBA ordinance without significant design changes or changes in product
performance.
Don't hesitate to contact us with any questions regarding our analysis's data, methodology, or results. In
addition, VEC would happily provide more details or further explanatory information as required.
Sincerely,
Paul Blanton
President
1441 Rollins Road, Burlingame, CA 94010
(831) 465-9189
vibeng.com
Attachment H
20230912 FTP Campbell Acoustic Study 2 of 3
Figure 1: INSUL Sound Insulation Acoustic Software Results
Figure 2: Distance to Residential Property Line
Figure 3: Calculations
20230912 FTP Campbell Acoustic Study 3 of 3
San Tomas AreaNeighborhood PlanCampbell VillageNeighborhood PlanEast CampbellAvenueMaster PlanDowntownDevelopmentPlanWinchesterBoulevardMaster PlanPruneyard/CreeksideCommercial DistrictFuture HamiltonAvenue 3UHFLVHPlan OverlayS WINCHESTER BLVDSWINCHESTERBLVDN SAN TOMASAQUINO RDE CAMPBELL AVEWCAMPBELLAVECIVICCENTERDRN LEIGH AVES WINCHESTER BLVDCAPRI DRUNION AVEMCCOY AVEVIRGINIA AVEE RINCON AVEWHACIENDAAVEHARRIET AVELLEWELLYNAVEWESTMONT AVEBURROWS RDSSANTOMASAQUINORDMILLICH D R S1STSTWHITE OAKS RDW SUNNYOAKS AVEW LATIMER AVEELATIMERAVEGRANTSTFULTONSTN CENTRAL AVEN1STSTBUDD AVEW RINCON AVEWHAMILTONAVEEHAMILTONAVE§¨¦17§¨¦17)LJXUH/8Special 3ODQQLQJAreasCampbellVillageNeighborhoodPlanDowntownDevelopmentPlanEast CampbellAvenue MasterPlanFuture HamiltonAvenue 3UHFLVHPlan OverlayPruneyard/Cr...CommercialDistrictSan TomasAreaNeighborhoodPlanWinchesterBoulevardMaster Plan.Revised: May 202203,0006,0001,500Feet1RWH ,QWKHHYHQWWKDWWKHERXQGDULHVVKRZQRQWKLVPDSFRQIOLFWZLWKDQ\PDSVRUERXQGDULHVVKRZQRQWKHDGRSWHG$UHDRU0DVWHU3ODQVWKHVHERXQGDULHVVKDOOVXSHUFHGHDQ\RWKHUVAttachment I
Approved Alcohol-Serving Establishments in the Downtown Area200320042005200620072008200920102011201220132014201520162017201820192020202120222023202411101214161615151621242626262526262626262829300 Orchard City Dr. Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum KhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoum260 E. Campbell Ave. CardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiff33 S. Central Ave. Giuseppe’s A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' Bellagio201 Orchard City Dr. King's Head King's Head King's Head King's Head King's Head King's Head King's Head The Spot The Spot The SpotThe SpotThe SpotThe SpotThe SpotThe SpotThe SpotWater Tower Kitchen Water Tower Kitchen Water Tower Kitchen Water Tower KitchenWater Tower Kitchen Water Tower Kitchen200 E. Campbell Ave. Stoddard's Chicken Coup Chicken Coup Chicken Coup Chicken Coup Chicken Coup Chicken Coup Chicken Coup Chicken Coup Chicken CoupChicken CoupChicken CoupCampbell BrewingCampbell BrewingCampbell BrewingCampbell BrewingIl SognoIl Sogno‐Vacant‐Wild RoseWild RoseWild Rose369 E. Campbell Ave. Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie Blooms300 Orchard City Dr. Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu KomatsuKomatsuKomatsuKomatsuKomatsu(Restaurant converted to office space)422 E. Campbell Ave. Shebele Shebele Shebele Shebele Shebele Shebele360 E. Campbell Ave. Alies Café Alies Café Alies Café Rico's Café Rico's Café Café Campbell Café Campbell Café Campbell Café Campbell Café CampbellCafé CampbellPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaTrattoria 360Trattoria 360Trattoria 360Trattoria 360Trattoria 360349 E. Campbell Ave. Orchard Valley384 E. Campbell Ave. Mio VicinoMio Vicino Mio Vicino OlioOlioOlioOlioOlioNashmarkt NashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarkt201 E. Campbell Ave.Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐Mex Aqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐Mex247 E. Campbell Ave.TwistTwist TwistTwistTwistTwistTwistSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi Confidential Sushi Confidential Sushi Confidential Sushi Confidential Sushi Confidential373 E. Campbell Ave.La Pizzeria La Pizzeria La Pizzeria La Pizzeria La Pizzeria La Pizzeria La PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa Pizzeria379 E. Campbell Ave.Good Tastes Good Tastes Good Tastes Cyprus Bistro Cyprus Bistro Cyprus Bistro Liquid BreadLiquid BreadLiquid BreadLiquid BreadLiquid BreadBoiler MakerBoiler MakerBoiler MakerBoiler MakerSpreadDistrito Federal Distrito Federal Distrito Federal 76 E. Campbell Ave.Tigelleria Tigelleria Tigelleria Tigelleria Tigelleria TigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleria‐Vacant‐Locanda Sorrento Locanda Sorrento Locanda Sorrento266 E. Campbell Ave.SliceSliceSliceChacho's Chacho's El Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo's415 E. Campbell Ave.Blue Line Pizza Blue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line Pizza Blue Line Pizza Blue Line Pizza Blue Line PizzaBlue Line Pizza139 E. Campbell Ave.Stack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack's193 E. Campbell Ave.BYRSpreadSpreadSpreadSpreadSpreadSpreadSpreadSpreadOne Raw BarOne Raw BarOne Raw BarOne Raw Bar397 E. Campbell Ave.Brown Chicken Brown Cow Brown Chicken Brown Cow Brown Chicken Brown Cow Brown Chicken Brown Cow Brown Chicken Brown CowBrown Chicken Brown Cow Brown Chicken Brown Cow Brown Chicken Brown Cow Brown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowVacant276 E. Campbell Ave.Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa!280 E. Campbell Ave.Campbell Gastro Pub Ciano'sCiano'sWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard Hicks234 E. Campbell Ave.Tessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine Bar Tessora's Wine Bar Tessora's Wine Bar Tessora's Wine Bar Tessora's Wine Bar400 E. Campbell Ave.Regale Wine BarRegale Restaurant Regale RestaurantLVL UPLVL UPLVL UPLVL UPLVL UPLVL UPLVL UPLVL UPVacant278 E. Campbell Ave.Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint Mo's the Burger Joint394 E. Campbell Ave.Rendezvous Wine Bar Rendezvous Wine Bar VesperVesperVesperVesperVesperVesperVesperVesperVesper368 E. Campbell Ave.The SocialightThe SocialightThe SocialightFlightsFlightsFlightsFlightsFlightsFlightsFlightsFlights195 E. Campbell Ave.Manresa BreadManresa BreadManresa Bread Manresa Bread Manresa Bread Manresa BreadManresa Bread220 E. Campbell Ave.Doppio Zero (Approved)Doppio Zero (Approved)43 Harrison Ave.The Spout House (Approved)The Spout House (Approved)48 Civic Center Dr.Out of the Barrel (Proposed)= Restaurant (General Alcohol)= Restaurant (Beer and Wine)=Winery/Brewerting Tasting Room (Beer and/or Wine)= Wine Bar / Taproom (Wine and Beer)= Stand‐Alone Bar (General Alcohol)*Year that CUP was approved or ABC License was issued (if no CUP was required).Site Address (Restaurant converted to a retail store)(License not renewed)Number of Establishments by Year Approved*Color Key Prepared by Campbell Planning Division - Jan. 2023Attachment J
Restaurants Over TimeRestaurant(Beer and Wine)Stand‐Alone Bar(General Alcohol)Downtown Alcohol‐Serving EstablishmentsWine Bar / Taproom(Beer and Wine)Winery/Brewery Tasting Room(Beer and/or Wine)Restaurant(General Alcohol)Project SiteAttachment K
1
Daniel Fama
From:Alan Zisser >
Sent:Thursday, February 9, 2023 7:40 PM
To:Daniel Fama
Cc:Rob Eastwood
Subject:Brew restaurant on Civic Center Drive
Daniel,
Hope this is OK to write my thoughts on this outside the commission meeting, but the more I think about the
issue of trash pickup and deliveries on Civic Center Drive for this development, the more it concerns me. After
our meeting on this, I investigated more, walking the downtown area to understand where trash (and
deliveries are mostly made).
First, in going back to the agenda, I feel that this issue was somewhat minimized in the write up. It was one
short paragraph, and made to sound as if this was a totally acceptable solution. Essentially a done deal. I
admit that the commissioners probably didn't dig deep enough, but seems to me that there should have been
more information about the norm for trash pickups in the downtown area, and how this deviates.
I walked through the entire downtown and pretty much all trash pickups are done through the back alleys or
in parking lots, typically at the rear or side of the building. A few are done on the side streets (2nd, Central,
etc.) where there is no parking lot or alley, but these are usually small receptacles. As far as I can tell, no
pickups are done on either Civic Center Drive or Orchard City Drive. So this would be unique and
unprecedented. I do not think the planners of the two bypass streets, which can be considered main corridors
connecting Winchester with East Campbell/Bascom area, intended for there to be any obstacles to traffic. As
far as I know, there are no trash pickups directly on commercial portions of corridors like Winchester,
Hamilton or Bascom either.
Additionally, the entire block on which this parcel sits, has a back alley where all trash for all the buildings on
Campbell between BlueLine and Central Ave, are picked up. The office building to the west of the parcel abuts
this alley, and has their bins there as well. And in fact, they allow Brown Cow restaurant to share their bins.
I believe the walkway that is on the west side of the property was likely intended to provide access to the alley
for trash pickup for this parcel's development as part of the city's redevelopment. There really is no other
reason, although there is a small amount of parking in the alley.
I realize the parcel does not abut the alley, so technically there is no location for trash bins for this
parcel. However, it seems to me there should have been an effort to consider a trash location on the
alley. For instance, was there any consideration to arrange a small easement at the end of the walkway at the
alley with the owner of adjacent southern property? This property has a huge empty parking lot, and the
southwest corner has just some bushes that could be cleared for a very small space to handle a commercial
trash bin. The restaurant employees would only need to walk a few yards to deposit their trash. Employees of
restaurants normally take their trash and walk it out to their back bins, so walking it the extra 50 feet doesn't
seem unreasonable.
Attachment L
2
Seems to me that there should have been more effort to provide a solution that is consistent with what the
downtown has in place for trash. Especially since trash trucks are already moving through that back alley for
all other pickups.
As for deliveries, I know that depending on the size of the truck, they may not be able to use the alley, but
deliveries are consistently done either late evening or early mornings, and are quick. That may be
unavoidable.
I would hope that if you haven't pursued this option, you will look into it with the applicant, and consider a
better option that fits with the downtown operation.
Best regards,
Alan Zisser
Planning Commissioner
1
Daniel Fama
From:Bryce Hendry >
Sent:Wednesday, April 12, 2023 9:12 AM
To:planning@cityofcampbell.com
Cc:; Daniel Fama; Stuart Ching - Offsite; Adam Buchbinder - Offsite; Matt
Kamkar - Offsite; Michael Krey - Offsite; Maggie Ostrowski - Offsite; Davis Fields - Offsite; Alan Zisser
- Offsite
Subject:48 Civic Center Proposed Project
Development Review Committee & Planning Commission Members, City of Campbell,
Our community does not agree with this proposed plan. Below are just a few reasons.
48 Civic Center Drive – Proposed construction of bar (Just what Campbell needs, another bar!)
Project Description: Construction of a new 2,933 square‐foot single‐story building, with a rooftop deck
including a 320 square‐foot prefab kitchen module, and a ground‐level patio, for use as a taproom/restaurant
with on‐site alcohol sales and "late‐night" operational hours (11:00 PM ‐ 12:00 AM public closing time)
Download project
plan: https://www.mygovernmentonline.org/download/?section=1&ProjectID=11007838&FileID=3293722&U
serToken=%7b00000000‐0000‐0000‐0000‐000000000000%7d
1.The construction will be positioned facing outward toward community, historical and residential areas,
instead of toward other business on Campbell Ave.
a.It will be situated directly across from Library (currently the children’s section);
b.And directly across from homes with upper level line of sight to Harrison & Civic Center;
c.It will disrupt the flow of traffic on Civic Center during construction. This is already a bottleneck.
2.Site entrance on Civic Center is a busy thoroughfare where pedestrian safety is already an issue.
a.The site is not located on pedestrian friendly downtown Campbell Ave;
b.Traffic is fast and merging around a curve on this block;
c.Civic Center is a popular route for emergency vehicles and buses;
d.There is no space for drop‐off pickup / ride sharing,
3.Site is not designed to support deliveries, trash, recycling, etc.
3.No dedicated parking is included for employees or patrons.
a.The library will be under construction. When it eventually reopens their lot is only for library patrons;
b.Lightrail is not a practical/common mode of transportation for the majority Campbell visitors;
c.Local neighborhood street parking is already congested with resident vehicles
4.Bars are loud and stay open late.
a. Outdoor rooftop/exposed bars project noise pollution well into the neighborhood;
b.Recorded and live music will be even louder and carry further into the neighborhood;
c.Acceptable db levels in downtown will carry into surrounding neighborhoods;
2
d. How will excessive noise levels be monitored and enforced?
5. This project is in direct conflict with the surrounding neighborhood's ambience and “historical charm”
a. Even other small towns similar to Campbell will not allow rooftop bars or live music in their downtown
areas! (Los Gatos, Los Atlos, Morgan Hill, etc.)
Other places in downtown Campbell that serve craft beer and/or other alcoholic beverages:
1) Katie Blooms, 2) La Pizzaria, 3) Distrito Federal, 4) Brown Chicken Brown Cow, 6) Blueline, 7) Flights, 8)
Nashmarkt, 9) Lvl Up, 10) Vesper, 11) Opa, 12) Mo’s, 13) Willard Hicks, 14) Water Tower Kitchen, 15) Tratoria
360, 16) Sushi Confidential, 17) Cardiff, 18) El Guapo, 19) Tesorra, 20) Dopio Zero, 21) Wild Rose Eatery, 22)
Aqui, 23) One Fish Raw Bar, 24) Locanda Sorrento, 25) Khartoum. Many more options are available at
Pruneyard, or on Winchester, Bascom, Hamilton, etc.
I also agree with other neighborhood residents who have said:
1. The goals of the proposed business, Field to Barrel, do not align with the choice of location on Civic Center
Drive, a “by‐pass” drive around downtown Campbell. Though a parking requirement is not in place, there will
be a parking problem for the combined employee and patrons of such a high traffic establishment. The
Campbell Library parking will not always be available and the current parking garage at the other end of
Campbell Ave. is already full most evenings and definitely on the weekend.
2. It would seem prudent to review why this establishment has had disagreements with the Pruneyard
management. The business owner himself said they, the business, were not getting along with management,
or achieving their goals of expansion in the Pruneyard.
3. Civic Center Drive on a curve is not a place to have garbage trucks and delivery trucks stopping. The
addition of such activity would greatly hamper the flow of traffic on Civic Center Dr. which is intended to be a
smooth flow around the downtown Campbell Ave business area.
4. The impact of the changed curb line and addition of garbage bins is functionally and aesthetically not
desirable. Taking away two parking spots and adding a congested deliver zone and garbage pick ‐up runs
counter to established practice of having garbage bins in back or side of business establishments, not in front
of them. And to suggest such a zone be moved in front of another commercial building already established
that manages their parking and garbage is inappropriate and possibly against an agreement that the
commercial property owner originally signed when he helped establish an attractive sidewalk.
5. The addition of live music at such an establishment is not an unusual request, particularly with limits on
how late music can be played; open air rooftop music however, could be intrusive facing a residential
neighborhood, suggesting that a different location be considered. Live music events are arranged outside at 4
or 5 festivals Campbell hosts each year. This is expected and occurs at specific times annually and these
festivals end at 6 p.m. on Sat. and Sun. and are monitored by the Campbell police. The summer “concerts” on
the green in front of the Ainsley House occur once a week for about 8 weeks during the summer. An
establishment that plays outdoor music nearly every evening is a different matter and may very well not add
to the quality of life in Campbell.
3
In summary, though a good concept restaurant tap room and attractive building design, the proposed Field to Barrel
establishment is not appropriate for this small “remnant property” which affords no parking, no easy access to
individuals who might be dropped off in front of the business, or for people gathering in front of the establishment
upon arriving or departing. Civic Center Drive was designed with the purpose of providing a smooth detour or
alternative way of traversing downtown Campbell without going through the middle of town. To start having
commercial high traffic establishments be outward facing on this intended by‐way will create congestion, safety
issues, a hindrance to functionality and a non aesthetic appearance of approaches to Campbell. No matter where a
resident lives in Campbell, most residents want to be proud of their town, its functionality, services, entertainment
venues, aesthetics, and be welcoming to visitors who visit downtown. Careful planning and foresight to not overbuild
entertainment venues without adequate parking and access is essential to prevent creating an untenable and
undesirable environment and depreciate the quality of existing well thought out businesses and venues in our
relatively small downtown.
I along with many others in Campbell respectively request that the Commission help this business find a different
more suitable location in Campbell for their enterprise.
Thank you,
Bryce Hendry
Campbell Resident
1
Daniel Fama
From:stuart ching >
Sent:Wednesday, April 12, 2023 4:47 PM
To:Mary Forbes; Daniel Fama
Subject:Re: Thurs planning commission meeting re Field to Barrel proposal
On Wed, Apr 12, 2023 at 1:14 PM Mary Forbes wrote:
Planning Commission Members and Daniel Fama,
Mr. Ching, please share this message with all planning commission members and Daniel Fama. Thank you.
Many of us throughout Campbell have a number of concerns regarding the proposal by the establishment “Field to
Barrel” to build and operate a tap room/restaurant on Civic Center Dr.
Civic Center Dr. was designed as a “by‐pass” on each side of Campbell Ave downtown to facilitate movement of traffic
through the area, an alternative to transversing downtown. Campbell residents appreciate the functionality of both
Campbell Ave and Civic Center Dr. The placement of this proposed restaurant/tap room on Civic Center drive on a
curve could likely present safety issues if cars stopped in front of this building to drop off or pick up people.
Additionally parking will not be readily available in the Campbell Library parking lot as the owner has suggested. And
though the building proposed is attractive, the design involves the placement of garbage containers in front of an
existing attractive building to the right of the property. Garbage collection trucks stopping on this section of Civic
Center Dr. Could produce safety issues. Functionality, aesthetics, and safety are compromised by the addition of this
proposed building on a curve on a busy smooth flowing roadway.
Finding a different location for this restaurant/tap room is recommended to keep intact a functional roadway and the
aesthetics of the area.
Thank you for consideration of these observations.
Mary Forbes
Campbell resident
Sent from my iPhone
1
Daniel Fama
From:Mike Peattie
Sent:Thursday, April 13, 2023 6:08 PM
To:Daniel Fama
Subject:48 Civic Center
Hello,
I live on Harrison Ave, across the street from the proposed development at 48 Civic Center. I know that some of my
neighbors do not support this idea, but I wanted to write this to say that I'm excited by the project, and I'm not the only
one in my association who feels this way.
I enjoy living in downtown Campbell, and part of that is having close access to great restaurants and other
entertainment opportunities. The fact is that Out of the Barrel is a well‐run business that is expanding. I enjoy going
there at the Pruneyard, and I will enjoy it even more downtown. I'm confident the OOTB team will be conscientious in
regards to the noise and other regulations of the city that have produced the safe, bustling downtown that it is today.
I hope the planning commission will not give undue influence to a small number of vocal opponents.
Best,
Mike Peattie
1
Daniel Fama
From:Charlene Low >
Sent:Thursday, May 18, 2023 10:32 AM
To:Daniel Fama
Subject:PLN#2023-59. 48 Civic Center Drive, Campbell, CA 95008
To: Planning Commission & City Counsel of Campbell
From: Henry Murakami & Charlene Low property owners of 55 & 54 Civic Center Dr, Campbell, Ca.
This communication is regarding the proposed Field & Barrel business on 48 Civic Center Drive in Campbell and will
outline our concerns and objections to this project.
1.The construction will be positioned facing outward toward the community, historical and residential areas, instead of
toward other businesses on Campbell Ave.
a.It will be positioned directly across from the city Library.
b.And directly across with homes with upper level line of sight to Harrison & Civic Ctr.
c.It will disrupt the traffic on Civic Center during construction.
2.Site entrance on Civic Center is a busy thoroughfare where pedestrian safety is
already an issue.
a.The site is not located on pedestrian friendly downtown Campbell Ave.
b.Traffic is fast and merging around a curve on this block.
c.There is no space for drop‐off and pick‐up.
3.No dedicated parking is included for employees or patrons.
a.Local neighborhood street parking is already congested with resident vehicles.
4.Bars are loud and stay open late.
a.Outdoor rooftop/exposed bars project noise pollution well into the neighborhood.
b.Recorded and live music will even be louder and carry into the neighborhood.
c.How will excessive noise levels be enforced?
5.This project is in direct conflict the neighborhood's ambience and surrounding
charm.
a.Even other small towns similar to Campbell will not allow rooftop bars or live
music in downtown areas. ( Los Gatos, Saratoga, Los Altos, etc.)
6.It would seem prudent to review why this establishment has had disagreements with
the Pruneyard management. The business owner himself said they, the business
was not getting along with management, or achieving their goals of expansion in
the Pruneyard.
I served on the Planning Commission of the city of Saratoga for 10yrs during the 90's
and have seen many business applications during that time and believe that the
proposed "bar & restaurant" should not be approved for the proposed site for the
reasons listed above and that the Commission help this business find a different and
more suitable location in the city of Campbell for their enterprise.
Respectfully,
Henry Murakami and Charlene Low
‐‐
2
Charlene Low
ITEM NO. 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 13, 2024
PLN-2023-175
City-initiated
Public Hearing to consider amendments to Title 5 (Business Licenses and
Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the
Campbell Municipal Code related to the permissibility of land uses and
regulation of businesses.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment A), recommending that the City Council adopt
an Ordinance amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles
and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code.
PURPOSE
This item serves to present changes to the Campbell Municipal Code intended to streamline
permit processes and the regulation of business to support economic development.
BACKGROUND
The City of Campbell is in the process of updating its Economic Development Plan (“Plan”) which
was last adopted in 2017. A prominent focus area identified in preparation of the plan was
feedback from stakeholders which highlighted challenges with the city’s permitting processes,
including the need to obtain a Conditional Use Permit for many types of businesses in the city.
On July 11, 2023, the Planning Commission created an Economic Development Ad-Hoc Advisory
Sub-Committee to focus on identifying areas where the city could streamline its permitting
requirements for businesses, specifically reducing the need to obtain a Conditional Use Permit
unless necessary.
On October 24, 2023, the Planning Commission held a Study Session to consider changes
recommended by the Economic Development Ad-Hoc Advisory Sub-Committee. The Planning
Commission discussion focused on how permits could be streamlined by establishing standards
(i.e., size limits, location requirements) that, when satisfied, would allow for more uses to be
permitted through either a Zoning Clearance or Administrative Conditional Use Permit process.
As an outcome of the meeting, the Planning Commission recommended streamlining the permit
processes for over a dozen distinct land uses when specific locational and operational standards
are met.
On December 5, 2023, the City Council considered the Planning Commission recommendations
and directed staff to proceed with the identified changes to Title 21 (Zoning) of the Campbell
Municipal Code. Additionally, the City Council directed staff to also streamline permit
requirements for several additional activities (e.g., Bingo, Arcades, Used Car Dealer), regulated
by Title 5 (Business Licenses and Regulations) that are overseen by the Police Department.
In response to Council direction, the Planning Division and Police Department worked to expand
the draft Ordinance (reference Attachment A) to remove permit requirements from Title 5
(Business Licenses and Regulations) as well as Title 10 (Vehicles and Traffic) and fold
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appropriate requirements to regulate these activities into the Zoning Code (Title 21).
SCOPE OF REVIEW
While changes to Title 5 (Business Licenses and Regulations) and Title 10 (Vehicles and Traffic),
hereinafter “Police Permit Requirements”, are typically outside the scope of Planning Commission
review, recognizing activities regulated by these sections, such as Bingo and Arcades, are
proposed to be incorporated into Title 21 (Zoning), hereinafter “Zoning Ordinance”, a summary of
changes to these sections has been included in the discussion.
As this summary is provided for clarification purposes only, the Planning Commission should
focus its review on proposed changes to the Zoning Ordinance.
DISCUSSION
The following discussion is organized into two primary sections. The first section serves to
summarize changes to Police Permit Requirements which, while generally outside the scope of
Planning Commission review, serve to inform changes to the Zoning Ordinance which follow. The
second section focuses on changes to Zoning Ordinance serving to streamline permit processes
and clarify associated requirements and land use definitions.
I. Proposed Changes to Police Permit Requirements
In general, the changes to Police Permit Requirements result in the removal of several permit
types and regulations that are either redundant with state law, or with existing/proposed sections
of the Zoning Ordinance. Where the issuance of a permit remains beneficial, or required by law,
the proposed amendments would seek to streamline the permit process by delegating the
authority to issue permits to the Chief of Police. The proposed changes were prepared in
coordination with the Police Department.
A table summarizing the proposed changes, their associated reasoning, and relationship to the
Zoning Ordinance, has been provided as follows:
Activity Code
Section
Proposed Change Reason(s) for Change
Used Car
Dealer
5.08 Remove permit
requirement.
The California Department of Motor Vehicles (DMV)
requires a vehicle dealer license which requires sellers
to clear a background check. As the City does not have,
or enforce, more stringent background check
requirements than the DMV, the requirement for a local
permit is redundant.
Relationship to Zoning Ordinance
The establishment of a motor vehicle sales facility
requires approval of a Conditional Use Permit which
may be used in lieu of a permit issued by the Police
Department to impose and enforce local requirements.
Hypnotherapy 5.08 Remove permit
requirement.
The California Business and Professions Code prohibits
the practice of medicine, including medical
hypnotherapy, without a license. As the Medical Board
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of California is responsible for verifying medical
businesses operate with a medical license, the
requirement for a local permit is redundant.
Relationship to Zoning Ordinance
Non-medical hypnotherapy is regulated as a “personal
service, limited” use, requiring review and approval of a
Conditional Use Permit.
Occult
sciences
5.08 Remove permit
requirement.
See above; already similarly regulated as a “personal
services, limited” use, requiring review and approval of
a Conditional Use Permit.
Street Vendor 5.08 Postpone consideration of
updates to comply with
recent amendments to
state law.
Postponed to provide enhanced opportunities for
coordination and engagement, while keeping the rest of
the updates on schedule.
Pawnbroker
(New)
5.10 Delegate decision-making
authority to Chief of
Police or designee (in lieu
of the City Council).
Pawnshops are regulated by the California Department
of Justice which enforces State Financial Code
requirements for pawnbrokers. By delegating the local
permit process to the Chief of Police, the permit review
process would be streamlined consistent with California
Financial Code Chapter 3, Section 21300.
Relationship to Zoning Ordinance
The establishment of pawn broker establishment is
subject to review and approval of a Conditional Use
Permit.
Live
Entertainment
5.24 Retain permit process.
Correct outdated
references to zoning and
permit requirements.
Updates an outdated reference to the “C-3” zoning
district which was replaced by the “CB-MU” (Central
Business Mixed-Use).
Further corrects an inconsistency in permit processes
between Title 5 and Title 21 pertaining to the
establishment of Live Entertainment in areas subject to
the Pruneyard Master Use Permit.
Relationship to Zoning Ordinance
As noted above.
Pool or
Billiards
Establishment
(Two or more
tables)
5.28 Remove permit
requirement.
Pool and billiards tables are only known to present
issues when operated in “combination” with other
activities already subject to a separate discretionary
review process (i.e., late night use, onsite alcohol sales,
etc.) in the Zoning Ordinance.
Pool or
Billiards Table
(Only one
table)
5.28 Remove permit
requirement.
See above.
Bingo 5.29 Remove permit
requirements and
California Penal Code Section 330 already prohibits
“gambling” making a local permit requirement to
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standards. prohibit such activity, issued by the Police Department,
redundant.
Relationship to Zoning Ordinance
To regulate the manner and place in which Bingo is
conducted, the Zoning Ordinance will include bingo as
an activity regulated by CMC 21.45 (Temporary Uses)
with specific operational standards established by
Chapter 21.36 (Special Uses.
Arcade
(10 or more
amusement
devices)
5.30 Remove permit
requirements from Title 5.
Add special use
requirements to address
the type of machines, and
manner of operation
allowed, through the
introduction of new
requirements to Title 21.
Arcades are only known to present issues when
operated in “combination” with other activities already
subject to a separate discretionary review process (i.e.,
late night use, onsite alcohol sales, etc.) under Title 21.
Arcade-Semi
(2-9
amusement
devices)
5.30 Remove permit
requirement.
See above.
Taxi Permit
(Non-Local)
5.40 Delegate decision-making
authority to Chief of
Police or designee (in lieu
of the City Council).
Update to reflect changes
in state law.
To streamline the permit process and comply with
recent changes to state law.
Sound Truck
Permits
10.08.100 Remove permit
requirement.
California Vehicle Code (Section 27007) prohibits a
driver from operating a sound system that can be heard
outside the vehicle from 50 feet or more rendering the
requirement for a local permit redundant.
II. Proposed Changes to Zoning Ordinance
Like the proposed changes to Police Permit Requirements, the proposed changes to the
Zoning Ordinance serve to streamline permit processes and clarify related standards and
requirements. In the draft Ordinance (reference Attachment A), these changes are
accomplished by either changing the permissibility of land uses identified in the Land Use
Tables, by adding/removing requirements found in Chapter 21.36 (Provisions Applying to
Special Uses), or by defining/redefining terms found in Chapter 21.72 (Definitions) of the
Campbell Municipal Code.
These code amendments are described in greater detail, by their respective type of
change (i.e., Changes to Land Use Tables, Changes to Special Use Requirements,
Changes to Definitions), as follows:
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A. Changes to Land Use Tables
In the Land Use Tables, changes to permit processes are primarily accomplished by
changing a “C” (Conditional Use Permit) to r an “AC” (Administrative Conditional Use
Permit), a “P” (Permitted by Zoning Clearance), or an “X” (Prohibited) to indicate the
permissibility of land uses in each zoning district.
In the draft Ordinance changes to the code are reflected with underlining (underlining)
indicating new text and strikeouts (strikeouts) indicating deleted text. The following
example highlights changes proposed to the land use “Studios, large” as defined by
Chapter 21.72 (Definitions) of the Campbell Municipal Code. Staff notes have been
provided in the far-right column to explain and clarify the changes being made.
Zoning District Map Symbol Staff Notes
# Land Use NC GC PO RD LI
The abbreviations in
this row (i.e., NC, GC,
PO) indicate zoning
districts.
38 Studios, large C C X C C
In this row, the letter
“C” is struck, indicating
the requirement for a
Conditional Use Permit
being removed.
While “X”, which
indicates where a
given use is prohibited,
use is also struck, this
reflects a formatting
change as the
restriction is carried to
rows 38.a., b., and c.
which follow.
a. When studio uses occupy 10% or less of
the gross non-residential floor area of a
property or shopping center.1
P P X C C
This row provides for
streamlined processing
in the NC and GC
zoning districts when
the use meets the
indicated requirement.
b. When studio uses occupy 20% or less of
the gross non-residential floor area of a
property or shopping center.1
AC AC X C C
This row provides for
approval of an
Administrative
Conditional Use Permit
in the NC and GC
zoning districts when
the use meets the
indicated requirement.
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Zoning District Map Symbol Staff Notes
c. All others. C C X C C
This row serves as a
“catch-all” for uses
otherwise not eligible
for a streamlined
permit process.
In the above example, the proposed changes will result in large studio uses no longer
requiring approval of a Conditional Use permit, approved by the Planning Commission, in
the NC (Neighborhood Commercial) or General Commercial (GC) zoning districts.
Instead, the use will now either be permitted by through a zoning clearance, or through
an Administrative Conditional Use Permit, approved by the Community Development
Director.
Using the above example as a guide, the following table explains key changes made to
other land uses found in Land Use Table 2-5 (Commercial, Office, and Industrial Zoning
Districts) of the Campbell Municipal Code. Several numbers have been “skipped over” to
focus the presentation of the table on more substantive changes. Like the preceding
example, staff notes have been provided in the far-right column (in lieu of references to
special use requirements found in the draft Ordinance) to explain and clarify the reason
for the change.
Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
29 Commercial child day care centers C C C X X
For consistency with
how the term is defined
and used in other
sections.
38 Studios, large C C X C C As noted in the
preceding example.
The permissibility for
small and large studios
as well as small and
large tutoring centers in
the NC and GC have
been standardized.
Tutoring uses remain
permitted (“P”) in
Professional Office
zones.
a. When studio uses occupy 10% or
less of the gross non-residential floor
area of a property or shopping
center.1
P P X C C
b. When studio uses occupy 20% or
less of the gross non-residential floor
area of a property or shopping
center.1
AC AC X C C
c. All others. C C X C C
39 Studios, small C C X C C
a. When studio uses occupy 10% or
less of the gross non-residential floor
area of a property or shopping
center.1
P P X C C
b. When studio uses occupy 20% or
less of the gross non-residential floor
area of a property or shopping
center.1
AC AC X C C
c. All others. C C X C C
42 Tutoring centers, large, subject to
Section 21.36.243 C C P X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
a. When tutoring uses occupy 20% or
less of the gross non-residential floor
area of a property or shopping center.
AC AC P X X
b. All others. C C P X X
43 Tutoring centers, small, subject to
Section 21.36.243 C C P X X
a. When tutoring uses occupy 20% or
less of the gross non-residential floor
area of a property or shopping center.
AC AC P X X
b. All others. C C P X X
46 Alcohol sales, offsite C C X X X The draft Ordinance
consolidates uses that
sell alcohol into these
two primary categories. 47 Alcohol sales, onsite C C X X X
48 Alcohol sales, ancillary onsite “Ancillary onsite alcohol
sales” includes
restaurants (full service
and quick service) with
beer and wine only.
This distinction allows
for streamlined permit
processing based on the
restaurant type.
a. In conjunction with full service
restaurants. AC AC X X X
b. In conjunction with quick service
restaurants or cafes. C AC X X X
c. All others.
C C X X
46
Ancillary retail operations associated
with a lawfully established use which
occupy no more than twenty-five
percent of the use's existing floor
area.
X X X X C
This land use type was
removed due to
redundancy with #47
(not shown).
48 Convenience markets/stores; C C X X X These land use types
have been consolidated
under #55 “Retail stores,
general merchandise”.
49 Department stores X C X X X
50
Furniture, furnishings, and equipment
stores (greater than ten thousand
square feet)
C P X X X
51
Furniture, furnishings, and equipment
stores (under ten thousand square
feet)
C P X X X
52
54
Grocery stores (greater than ten
thousand square feet) C C X X X These land use types
may now be permitted
with an Admin. CUP
when under 20k in floor
area.
a. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
b. All others. C C X X X
55 Grocery stores (under ten thousand
square feet) P P X X X
56 Hardware stores (greater than ten
thousand square feet) C C X X X These land use types
have been consolidated
under #55 “Retail stores,
general merchandise”.
57 Hardware stores (under ten thousand
square feet) P P X X X
58 Liquor establishments C N/A X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
59 Liquor establishments (on-site
consumption only); N/A C X X X
These land use types
have been consolidated
under “#47 – Liquor
sales, onsite”
60 Liquor stores C N/A X X X These land use types
have been consolidated
under “#46 – Liquor
sales, offsite”
61 Liquor stores (off-site consumption
only); X C X X X
62 Meat markets P X X X X
This land use type has
been consolidated with
#52 – Grocery stores.
63 Music (recordings) stores C C X X X These land use types
have been consolidated
under #55 “Retail stores,
general merchandise”.
66 Pharmacies/drug stores P P X X X
67 Pharmacies/drug stores, with drive-up
service; X C X X X
This land use is marked
for removal as it is
redundant with two or
more other land use
types.
55
68 Retail stores, general merchandise; P P X X X This land use type has
been expanded to
include more types,
including second-
hand/thrift stores
without onsite
acquisition (no onsite
donation), and medical
retail, with new permit
tiers.
a. When the tenant space is less than
10,000 gross square-feet in area. P P X X X
b. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
c. All others. C C X X X
56
69
Second hand/thrift stores with onsite
acquisition X C X X X
This land use has been
redefined to exclude
second hand/thrift
stores when no donation
is accepted onsite.
73 Warehouse retail stores C C X X X
This land use type has
been consolidated under
#55 “Retail stores,
general merchandise”.
63
77
Indoor amusement
/entertainment/recreation centers X C X X X This land use type will
now be possible in the
NC zoning district with a
Conditional Use Permit
and will have varying
permit process
thresholds as indicated.
a. When the use occupies 10% or less
of the gross non-residential floor area
of a property or shopping center.1, 2
C P X X X
b. When the use occupies 20% or less
of the gross non-residential floor area
of a property or shopping center.1
C AC X X X
c. All others. C C X X X
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PLN-2023-175 | Study Session on Permissibility of Land Uses
Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
85 Blueprinting shops X P X P P
This is an antiquated
land use type, now
consolidated under #20
“Printing and
publishing”.
73
88 Cat and dog grooming facilities X C X X C This land use type will
now be possible in the
NC zoning district with a
Conditional Use Permit
and will have varying
permit process
thresholds as indicated.
a. When cat and/or dog care,
boarding, or grooming facilities
cumulatively occupy 10% or less of
the gross non-residential floor area of
a property or shopping center.1, 2
C P X X C
b. When cat and/or dog care,
boarding, or grooming facilities
cumulatively occupy 20% or less of
the gross non-residential floor area of
a property or shopping center.1
C AC X X C
c. All others. C C X X C
82
97 Health/fitness centers C C C C C This land use type will
now be eligible for an
Admin. CUP when under
10,000 sq. ft. in NC and
GC districts.
a. When the tenant space is less than
10,000 gross square-feet in area. AC AC C C C
112 Spa services C C X X X
This land use type is
proposed for removal
due to conflicts with
permit processes and
definitions related to
“massage
establishments” found in
Title 5 and Title 21.
124 Motor vehicle—-renting and leasing X C X X N/A Use redundant with
#123 (not shown).
108
125
Motor vehicle—repair and
maintenance (minor and major/only
within an enclosed structure)
X X X X C
Use streamlined to now
allow for approval with
an Administrative
Conditional Use Permit
when meeting specified
requirements.
a. When the tenant space is less than
10,000 gross square-feet in area. 2 X X X X AC
b. All others. X X X X C
115 Drive-in/drive-in service C C X X X Use separated into its
own discrete activity.
116
133
Restaurants or cafes, quick servicefast
food (with or without drive-in
service);
C AC
C X X X
Terms redefined to more
clearly differentiate
between “full service
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
117
134
Restaurants, full service or cafes
(excluding fast food or drive-ins) P P X C C
restaurants” and “quick
service restaurants”.
Permit process for quick
service to now allow for
Admin. CUP in GC zoning
district when operating
without a drive-in
service.
See related changes to
“Definitions”.
135 Restaurants with late night activities
or banquet facilities C C X X X
This land use is marked
for removal as it is
redundant with two or
more other land use
types.
121
139 Medical services, clinics C C C C X This change will
streamline the
permitting of medical
office uses when
meeting the indicated
requirements.
a. When the use occupies 10% or less
of the gross non-residential floor area
of a property or shopping center. 1
AC P P C X
b. When the use occupies 20% or less
of the gross non-residential floor area
of a property or shopping center. 1
AC AC P C X
c. All others. C C P C X
123
141 Medical services, laboratories X C
P C C C
X
This change is proposed
by staff to add discretion
for the establishment of
medical laboratories in
the GC zoning district,
and allow for a permit
process for such uses in
the Industrial zoning
district.
126
144
Alternative fuels and recharging
facilities
AC
C
AC
C
AC
X
AC
X
AC
C
To allow for streamlined
processing of dedicated
EV, and hydrogen fueling
facilities, in all zoning
districts.
146 Light rail lines X X X X P These land use types are
proposed for removal by
staff. The City does not
have discretion in review
of these facilities
through land use permit
processes.
147 Light rail passenger terminals P P X P P
139 Collection containers, large X P X P P
This land use type is
proposed by staff to add
a missing land use type
that was omitted in
error.
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Staff Notes
160 Conversion, commercial converted
from residence C C C X X This land use type is
proposed for removal by
staff in response to
“confusion” by
applicants that the
conversion of a structure
could be used to allow
use types otherwise
prohibited in the zone.
Conversion of structures
shall, instead, remain
subject to approval of a
Site and Architectural
Review Permit.
161 Conversion, industrial converted from
residence X X X X C
142
164
Drive-through/drive-up service/drive-
up window Outdoor active activities
(e.g., drive-up windows)
X C X X X
Clarified the term found
in the land use table to
align with the definition
of the same. No change
to permit process.
143
165
Outdoor seating, when more than
twelve total seats AC AC X X X
Proposed change by
staff to streamline the
approval process for
larger outdoor seating
areas.
173
The use of any building that was
constructed as a residential structure
for a commercial or office use
C C C X X
See response to #160
and #161.
Where indicated in the table above, a superscript symbol “1” or “2” directs the reader to
footnotes found at the bottom of the table. These footnotes serve to impose additional
locational and operational standards on uses where indicated. Staff explanation of the
intended purpose, and general application, of these requirements follows each footnote
below.
(1) When located more than 50-feet from a public right-of-way, as measured from the back of a public sidewalk
(or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not present),
on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map.
This requirement serves to trigger a discretionary review process when otherwise
permitted studios, tutoring facilities, indoor amusement centers, cat and dog
grooming facilities, and medical clinics are proposed to occupy tenant spaces located
within 50-feet of a key commercial corridors. This requirement is intended to provide
discretion to decide whether the uses identified represent the highest and best use of
tenant spaces that are often essential for other uses (i.e., retail) to successfully
operate. While this requirement was originally structured to apply Citywide, staff has
proposed narrowing the applicability to only include areas indicated as being subject
to a “Tier 1” or “Tier 2” requirement on the Form-Based Zone Map (reference
Attachment B).
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(2) When located more than 500-feet, as measured between the nearest property lines, from properties with
a residential and/or mixed-use land use designation excepting properties with a “General Commercial/Light
Industrial” land use designation.
This requirement serves to trigger a discretionary review process when otherwise
permitted indoor amusement/entertainment/recreation centers, cat and dog grooming
facilities, and motor vehicle repair and maintenance facilities are proposed in
proximity to residential land uses. This requirement is intended to provide for
discretion and public input for uses that may be more impactful which can otherwise
be permitted by these land use types (i.e., shooting ranges).
In addition to the changes proposed to Table 2-5, similar changes to Table 2-11 (Land
Use Table – Central Business Mixed-Use Zoning District) and Table 2-11a (Land Use
Table – Master Plan Areas) of the Campbell Municipal Code have been proposed. As the
reasons for the changes to those tables are generally the same as outlined above, they
have been omitted from the discussion for sake of brevity.
B. Changes to Special Use Requirements
Special Use Section Action Staff Notes
21.36.030 Arcades. Added To include operational standards removed from Title 5
resulting from the removal of permit requirements.
21.36.035 Bingo. Added To include operational standards removed from Title 5
resulting from the removal of permit requirements. Also
updated to allow for increases in the total value of prizes
based on the relative increase in the Consumer Price Index.
Note: Separately Chapter 21.45 (Temporary Use Permits)
amended to allow for Bingo with the approval of a
Temporary Use Permit.
21.36.142 Offsite alcohol sales. Added To replace operational standards and findings for
overconcentration to be removed from Section 21.36.110
(Liquor stores).
21.36.144 Onsite alcohol sales. Added To replace operational standards and findings for
overconcentration to be removed from Section 21.36.115
(Liquor establishments).
21.36.145 Onsite alcohol sales,
ancillary.
Added To establish specific requirements for the use and
operation of full service restaurants with beer and wine
only – assuming and standardizing requirements previously
contained in Campbell Municipal Code Section
21.11.060.D.
Consideration Point: In consideration of this section, the
Planning Commission may want to advise whether fast
service restaurants serving beer and wine only (i.e., Taco
Bell Cantina with beer and wine only service) should also
be included.
21.36.110 (Liquor stores) Removed Replaced by Section 21.36.142 Offsite alcohol sales.
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PLN-2023-175 | Study Session on Permissibility of Land Uses
In addition to the proposed changes to the Land Use Tables, the following amendments
to the Special Use Requirements of Chapter 21.36 of the Campbell Municipal Code
have been proposed:
Section 21.36.115 (Liquor
establishments)
Removed Replaced by Section 21.36.144 Onsite alcohol sales and
Section 21.36.145 Onsite alcohol sales, ancillary.
Section 21.36.140 (Motor vehicle
repair facilities)
Amended Updated to include a requirement for vehicle identification
and a ledger of vehicles under care for enforcement
purposes for the establishment of new motor vehicle
repair facilities established on or after the effective date of
the new sections. These additional operational restrictions
serve to avoid unintended consequences that may
otherwise result from related updates to streamline permit
requirements.
21.36.243 Tutoring centers.
Amended Updated to remove locational requirements that conflict
with requirements outlined in the Land Use Tables.
C. Changes to Definitions
In support of the changes to the Land Use Tables and Special Use Sections of the code, related
land use definitions have been added, removed, or amended as follows:
Special Use Section Action Staff Notes
"Alcohol sales, offsite" or “Offsite
alcohol sales”
Added To provide a definition that encompasses any retail activity
involving the sale of alcoholic beverages that includes a
reference to the related Special Use Requirements of
Section 21.36.142.
"Alcohol sales, onsite" or “Onsite
alcohol sales”
Added To provide a definition that encompasses any retail activity
involving the sale of alcoholic beverages for consumption
on the premises. Includes a reference to the related
Special Use Requirements of Section 21.36.144.
"Alcohol sales, ancillary onsite" or
“Ancillary onsite alcohol sales
Added To provide a definition for ancillary onsite alcohol sales,
distinct from other types of onsite alcohol sales, as to
provide for a streamlined permit process for full
restaurants with beer and wine service.
"Amusement device" Added To provide a definition for the types of devices referenced
in the definition of arcades.
“Ancillary onsite alcohol sales.” See
“Alcohol sales, ancillary onsite.”
Added This serves only to provide for a cross reference to the
primary definition.
"Ancillary retail uses serving
industrial uses"
Amended Amended to define the maximum percentage of floor area
that may be used for ancillary retail operations, by using
the same percentage found in the land use tables to be
removed due to redundancy with another land use.
"Arcades" Amended Added reference to amusement devices, as previously
defined by Title 5, instead of relying on the term arcade
machines, which was previously undefined.
"Bingo" Added Added the definition of Bingo previously found in Title 5.
Added a reference to the Special Use Requirements of
Section 21.36.035 for Bingo.
"Blueprinting shop" Amended Updated to note that the use is now included in the
definition of “Printing and publishing”.
City Council Meeting of February 13, 2024 Page 14 of 15
PLN-2023-175 | Study Session on Permissibility of Land Uses
Special Use Section Action Staff Notes
"Convenience markets/stores" Amended Updated to clarify the distinction between this type of land
use, as a type of retail use, and grocery stores.
Liquor establishments Removed Removed due to confusion with the prior term and overlap
with newly created definitions of “offsite alcohol sales”
and “onsite alcohol sales” and related definitions.
"Liquor stores" Amended Removed reference to Special Use Section to be removed
that had been included in the definition.
"Grocery stores" Amended Updated to clarify the distinction between this type of land
use and convenience markets/stores.
“Outdoor “active” activities” Removed Removed as the use was confusing and conflicted with
other definitions.
“Printing and publishing” Amended Amended to clarify that blueprinting shops are included in
its definition.
“Restaurants” Amended Amended to differentiate the difference between “Quick
Service Restaurants or Cafes” or “Fast Casual Restaurants”
and “Full Service Restaurants” which has led to
inconsistent outcomes in permit processing.
Consideration Point: As the definition of Quick Service /
Fast Casual Restaurants, which serves to replace the prior
definition of “fast food” is now clearer, staff anticipates
more proposed businesses to fall under the definition.
However, as the permit process has been amended to now
require an Administrative Conditional Use Permit, instead
of a Conditional Use Permit, the permit process may
provide for appropriate discretion over uses that may be
more impactful to their surroundings.
Retail stores, general merchandise Amended Expanded the definition to include several other uses
including, but not limited to, department stores, hardware
stores, convenience stores, medical stores, etc.
“Medical stores” Added Added a new definition intended to draw appropriate
distinction between medical retail uses (i.e., Lenscrafters)
and other types of medical use (i.e., dental office)
“Offsite alcohol sales.” Added This serves only to provide for a cross reference to the
primary definition.
"Secondhand/thrift stores with
onsite acquisition"
Amended Amended the definition to draw a distinction between
types of secondhand/thrift stores that accept donations
and those that do not. This definition accepts donations.
"Secondhand/thrift stores without
onsite acquisition"
Added Added a definition for second/hand thrift stores that do
not accept donations.
“Spa Services/Health Spa” Removed Removed due to conflicts with other permit requirements
for uses with massage in Title 5, and in Title 21.
NEXT STEPS
Following the subject meeting, the subject item will be heard by the City Council at its
meeting of March 19, 2024.
City Council Meeting of February 13, 2024 Page 15 of 15
PLN-2023-175 | Study Session on Permissibility of Land Uses
ALTERNATIVES
1. Propose to add, remove, or adjust the permissibility, special use requirements, or
definitions of land uses as appropriate.
Prepared by: _________________________________
Stephen Rose, Senior Planner
Approved by: _________________________________
Rob Eastwood, AICP, Community Development Director
Attachments:
A. Draft Resolution Recommending Approval of an Ordinance
B. Form-Based Zone Map
Attachment A
RESOLUTION NO.
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING TITLE 5 (BUSINESS LICENSES
AND REGULATIONS), TITLE 10 (VEHICLES AND TRAFFIC), AND
TITLE 21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE. FILE
NO. PLN-2023-175.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to the recommended approval of an
Ordinance amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and
Traffic), and Title 21 (Zoning) (PLN-2023-175):
1. The Ordinance will amend Title 5 (Business Licenses and Regulations), Title 10 (Vehicles
and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code as set forth in Exhibit
A.
2. The proposed amendments would be consistent with the following policies and actions
from the 2040 General Plan:
Policies:
• ED-2.1 – Identify the needs, barriers, and concerns of existing businesses and ensure that they
are addressed.
• ED-2.2 – Implement predictable and streamlined development review processes and practices
that include clear, zoning regulations; ensuring permitting information is readily available and
easily accessible to the general public and business community.
• ED-2.3 – Ensure that the city’s development process and zoning regulations facilitate
expeditious review of commercial, office, and light industrial development proposals that meet
Campbell’s goals and provide high-quality jobs and that create a multiplier effect for the local
economy.
• ED-2.7 – Ensure that the City provides a business-friendly service oriented, and solutions-based
approach to permitting through efficient processing of applications and permits.
Actions:
• ED-2.a – Review, and update as necessary, zoning and other development regulations and
application review and permitting process in order to ensure consistency with land use policies
in this General Plan aimed at spurring job growth and economic development. Revisions may
include increased flexibility regarding use types, business operations, site development
standards, reduced parking standards near transit stations, or other changes intended to reduce
impediments to development consistent with the goals of this General Plan.
• ED-3.b – Ensure that zoning and other development regulations do not include internal conflicts
or other unintended development impediments that would limit full and complete utilization of
sites zoned for commercial and light industrial activities, consistent with the maximum densities
and development intensities allowed by the zoning code.
Planning Commission Resolution No.
PLN-2023-175 – Permissibility of Land Uses Page 2 of 3
3. The legislature of the State of California has, in Government Code Sections 65302, 65560
and 65800, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety and general welfare of its citizenry.
4. The review and adoption of the proposed amendments is done in compliance with
California Government Code Sections 65853 through 65857, which require a duly noticed
public hearing of the Planning Commission whereby the Planning Commission shall
provide its written recommendation to the City Council for its consideration.
5. Adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1)
of the California Environmental Quality Act (CEQA).
6. The proposed Ordinance may be found exempt from environmental review under Section
15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no
possibility that the proposed changes to the City’s Municipal Code, which broadly serve to
change permit processing procedures and clarify distinctions between land uses, may
have a significant effect on the environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
7. In consideration of the recommended adoption of the Ordinance, the Planning
Commission provided due consideration of all evidence presented and provided in the
entire administrative record.
8. The proposed amendments are consistent with the goals, policies, and actions of the 2040
General Plan and all applicable development agreements, area plans, neighborhood
plans, and specific plans.
9. The proposed amendments will not be detrimental to the public interest, health, safety,
convenience, or general welfare of the city.
10. The proposed amendments are internally consistent with other applicable provisions of
the Campbell Municipal Code and Zoning Code.
11. No substantial evidence has been presented which shows that the project, as currently
presented, will have a significant adverse impact on the environment.
12. The proposed Ordinance is exempt under Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to
the City’s Municipal Code may have a significant effect on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council approve an Ordinance amending Title 5 (Business Licenses and Regulations), Title
10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code as set forth
in Exhibit A.
Planning Commission Resolution No.
PLN-2023-175 – Permissibility of Land Uses Page 3 of 3
PASSED AND ADOPTED this 13th day of February, 2024, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Exhibit A
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING TITLE 5 (BUSINESS LICENSES AND
REGULATIONS), TITLE 10 (VEHICLES AND TRAFFIC), AND TITLE
21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE. FILE NO. PLN-
2022-175.
WHEREAS, after notification and public hearing, as specified by law and after presentation
by the Community Development Director, proponents and opponents, the hearing was
closed.
WHEREAS, the subject Ordinance will amend Title 5 (Business Licenses and Regulations),
Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code as set
forth herein.
WHEREAS, the proposed amendments would be consistent with the following policies and
actions from the 2040 General Plan:
Policies:
• ED-2.1 – Identify the needs, barriers, and concerns of existing businesses and ensure that they
are addressed.
• ED-2.2 – Implement predictable and streamlined development review processes and practices
that include clear, zoning regulations; ensuring permitting information is readily available and
easily accessible to the general public and business community.
• ED-2.3 – Ensure that the city’s development process and zoning regulations facilitate
expeditious review of commercial, office, and light industrial development proposals that meet
Campbell’s goals and provide high-quality jobs and that create a multiplier effect for the local
economy.
• ED-2.7 – Ensure that the City provides a business-friendly service oriented, and solutions-based
approach to permitting through efficient processing of applications and permits.
Actions:
• ED-2.a – Review, and update as necessary, zoning and other development regulations and
application review and permitting process in order to ensure consistency with land use policies
in this General Plan aimed at spurring job growth and economic development. Revisions may
include increased flexibility regarding use types, business operations, site development
standards, reduced parking standards near transit stations, or other changes intended to reduce
impediments to development consistent with the goals of this General Plan.
• ED-3.b – Ensure that zoning and other development regulations do not include internal conflicts
or other unintended development impediments that would limit full and complete utilization of
sites zoned for commercial and light industrial activities, consistent with the maximum densities
and development intensities allowed by the zoning code.
WHEREAS, the legislature of the State of California has, in Government Code Sections
65302, 65560 and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, review and adoption of the proposed amendments is done in compliance with
California Government Code Sections 65853 through 65857, which require a duly noticed
City Council Ordinance No.
PLN-2023-175 – Permissibility of Land Uses Page 2 of 44
public hearing of the Planning Commission whereby the Planning Commission shall provide
its written recommendation to the City Council for its consideration.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review under
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no
possibility that the proposed changes to the City’s Municipal Code, which broadly serve to
change permit processing procedures and clarify distinctions between land uses, may have
a significant effect on the environment.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city.
WHEREAS, the proposed amendments are internally consistent with other applicable
provisions of the Campbell Municipal Code and Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council
provided due consideration of all evidence presented and provided in the entire administrative
record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and
Title 21 (Zoning) of the Campbell Municipal Code are amended as set forth herein below.
Section 2. Campbell Municipal Code Section 5.04.010 (Designated) is hereby amended
to read as follows with strikeouts (strikeouts) indicating deleted text.
5.04.010 - Designated.
Every person conducting businesses, professions and activities in the city, the
primary nature of which is indicated in the following schedule, shall annually pay the
license tax set opposite the same, based upon the average number of employees in such
business, according to the following schedules, unless such business is otherwise
specifically taxed by other provisions of this chapter:
Commercial:
(Schedule I) 1 to 5 employees $126.00
6 to 15 employees 202.00
16 to 50 employees 291.00
51+ employees 583.00
Industrial and manufacturing:
(Schedule II) 1 to 5 employees $126.00
6 to 50 employees 202.00
51+ employees 349.00
Professional:
(Schedule III) 1 to 3 employees $126.00
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4 to 10 employees 233.00
11 to 50 employees 408.00
51+ employees 583.00
Hotels: $174.00 per year plus $3.00/room
Live commercial entertainment: $349.00
Marijuana Businesses: 7% of gross receipts per Chapter 5.12
Massage Establishment: 1 to 3 employees $126.00
4 or more employees $233.00
Massage Therapist: $126.00
Mobile home parks and trailer courts: $233.00 per year plus $2/unit
Occult science, including astrology,
palmistry, phrenology, life reading,
fortunetelling, cartomancy, clairvoyance,
crystal gazing, mediumship, prophecy,
augury, divination, magic or necromancy,
when the person who conducts same
demands or receives a fee for the exercise
or exhibition of his art therein either
directly or indirectly or as a gift or
donation, or charges admission:
$349.00
Out-of-town business: $101.00
Rental or income producing residences
located on single or contiguous parcels of
land:
$68.00 per year for the first unit plus
$3.00 for each additional unit.
(Owners occupying one unit of a 3 or more unit building are entitled to a $3.00
exemption if said owner files an affidavit with the City claiming the exemption.)
Taxicab or limousine service: $126.00 per year plus $21.00 per vehicle
Theaters: $466.00
Tow Services: $58.00
Solicitors: $349.00 per year
Section 3. Campbell Municipal Code Section 5.08.010 (Activities designated—Fees.) is
hereby amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text.
5.08.010 Activities designated—Fees.
No person shall conduct any of the following businesses and activities in the City
without first securing a permit therefor from the City Council on written application filed
therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire
Department, and the Community Development Director. The application shall comply
with the requirements of Section 5.08.020. The following are the activities regulated by
this chapter and the license fee therefor:
(1) Fire and/or bankruptcy and/or wreck sale, first day $51.00
Each additional day, per day …..$25.00
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(2) Grinding and/or sharpening knives, scissors, cutlery, lawn mowers, etc.,
when the person conducting such business travels from place to place by
vehicle or on foot, per year ....._$25.00
(3) Hypnotism, per year…..$466.00
(34) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler,
per day…..$30.00
(45) Pawnbroker, per year…..$349
(6) Used motor vehicle dealer—Same as Commercial per Municipal Code
Section 5.04.010.
(7) Billiard and/or pool room, per year…..$233.00
(58) Dancehall, public dances, per year…..$102.00
(9) Mechanical amusement device and contraptions and vending machines —
See Section 5.08.080.
Section 4. Campbell Municipal Code Section 5.08.080 (Amusement Devices) is hereby
deleted in its entirety and noted as Reserved.
Section 5. Campbell Municipal Code Section 5.10.090 (Receiving goods, etc., from
intoxicated persons) is hereby deleted and replaced as follows with underlining (underlining)
indicating new text:
5.10.090 Hours in which business shall be carried on.
No person shall engage in, conduct, manage, or carry on the business of a pawnshop or a secondhand dealer
between the hours of nine p.m. and eight a.m. of the following day.
Section 6. Campbell Municipal Code Section 5.10.110 (Hours in which business shall be
carried on.) is hereby deleted and replaced as follows with underlining (underlining)
indicating new text:
5.10.110 Receiving goods, etc., from intoxicated persons.
No person licensed pursuant to this chapter, or his manager, or his employee shall take or receive any goods,
articles, or thing for any person who is in an intoxicated condition.
Section 7. Campbell Municipal Code Section 5.10.130 (Issuance of license) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text:
5.10.130 Issuance of license.
An individual, partnership or corporation may be granted by the chief of police, or duly authorized agent or
designee of the chief of police,city council a license to be both a pawnbroker and a secondhand dealer., but the The
chief of police, or duly authorized agent or designee of the chief of police,city council may revoke, suspend or deny an
City Council Ordinance No.
PLN-2023-175 – Permissibility of Land Uses Page 5 of 44
individual to be licensed as a pawnbroker, but continue as a secondhand dealer, or revoke, suspend or deny both types
of licenses.
Section 8. Campbell Municipal Code Chapter 5.24.010 (Regulating and licensing in
public places.) is hereby amended to read as follows with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text:
5.24.010 Regulating and licensing in public places.
(a) Live entertainment in bars, taverns, cocktail lounges, restaurants, recreational parks, theaters, cafes, cabarets,
banquet facilities, rental halls or other public places not employing nude or seminude persons therefor may be
permitted by the city council upon written application pursuant to the provisions of Section 5.24.030. The City
Council shall by resolution establish the regulatory fee to be paid upon application for this permit.
The permit shall be non-transferable.
(b) For the purpose of this section, live entertainment is defined as entertainment provided by bands,
instrumentalists, disk jockeys, dancers, raconteurs, pantomimists, prestidigitators, magicians, vaudevillians,
acrobats, actors and theatrical performers, pageants, or contests involving audience participation, including acts
in which animals, exotic or otherwise, are used. The use of animals, exotic or otherwise, shall be subject to the
provisions of Title 7 of this code.
(c) The following uses are specifically exempted from this section:
(1) Shows and entertainments, theatrical, musical and vocal presentations, and other live performances conducted
by schools, colleges, churches, lodges and private clubs themselves on their own premises, and those
conducted and sponsored by civic groups in supervised municipal parks;
(2) Live entertainment conducted in a pedestrian-oriented activity in the CB-MU (Central Business Mixed-Use)C-3
(Central Business District) zoning district, provided that such entertainment satisfies the requirements stated in
Section 21.11.060.E (Standards for live entertainment in the Central Business Mixed-Use zoning district)Section
21.10.060.F (Standards for live entertainment in the C-3 zoning district).
(3) Live entertainment conducted in conjunction with an approved temporary use permit in compliance with
Chapter 21.45 (Temporary use permits).
(4) Live entertainment approved through a zoning clearance for Special Events on sites subject to a master use
permit authorized by Section 21.14.030.C (Master use permit).
Section 9. Campbell Municipal Code Chapter 5.24.030 (Application for permit.) is hereby
amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text:
5.24.030 Application for permit.
(a) Contents. All applications shall include the following information:
(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address,
and submit satisfactory written proof that they arehe or she is at least eighteen years of age;
(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names
of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement,
if any;
(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation,
evidence that the corporation is in good standing under the laws of California, the names and capacity of all
officers and directors, the name of the registered corporate agent and the address of the registered office for
service of process;
(4) If the applicant is an individual, theyhe or she shall sign the application. If the applicant is other than an
individual, an officer of the business entity or an individual with a ten percent or greater interest in the
business entity shall sign the application;
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(5) If the applicant intends to operate under a name other than that of the applicant, the applicant shall file the
fictitious name and show proof of registration of the fictitious name;
(6) A description of the type of live entertainment for which the permit is requested and the proposed address
where the live entertainment will be offered, plus the names and addresses of the owners and lessors of the
site of the live entertainment;
(7) The address to which notice of action on the application is to be mailed.
(b) Submission of the Application. The application shall be submitted to the chief of police or his designee for review.
If the police chief or their his designee determines that the applicant has completed the application improperly, or
otherwise deems the application to be incomplete, the police chief shall, within ten days of receipt of the original
application, notify the applicant of such fact and, on request of the applicant, grant the applicant ten days or less
to submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of
the time for the police chief or their his designee to determine the completeness of the application. The time
period for granting or denying a permit shall be stayed during the period in which the applicant is granted an
extension of time.
(c) Investigation by Chief of Police. Upon receipt of a completed application and payment of all application and
permit fees, the police chief or their his designee shall immediately stamp the application as received and
promptly investigate the information contained in the application. Within thirty days from the receipt of a
completed application, the chief of police or theirhis designee shall complete a reportschedule a hearing for the
next regularly scheduled meeting of the city council, and forward a report to the council summarizing the results
of the investigation.
(d) Action by the Chief of PoliceCity Council. At the hearing on the application, the city council The chief of police shall
grant the application unless it makes one or more of the following findings:
(1) An applicant is under eighteen years of age;
(2) The required application fee has not been paid;
(3) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly
made any false, misleading or fraudulent statement of material fact in the application;
(4) The proposed use would constitute a violation of a provision of this code, or other applicable law;
(5) An applicant has been convicted of a felony or crime of moral turpitude;
(6) The proposed operation would result in a public nuisance as defined in this code, or Section 370 of the
California Penal Code.
(e) Conditions of Approval. If the chief of policecity council grants the application, it may place such conditions on the
exercise of the permit as the chief of policecouncil determines to be reasonably necessary to ensure that the
operation will conform to the requirements of this code and all other applicable laws.
(f) Continuance of Hearing. The applicant may stipulate to allow the city council to continue the hearing to another
meeting.
(f)(g) Written Findings. The chief of policecity council shall prepareadopt written findings in support of its decision.
(g) Decision. The chief of police, or their designee, shall notify the applicant by mail within five days of its decision.
(h) Referral to the City Council. If the chief of police finds that granting the application may have a substantial effect
on the surrounding area or is of sufficient size to warrant the consideration of the city council, the chief of police
may refer the application to the city council for a decision.
Section 10. Campbell Municipal Code Chapter 5.24.035 (Appeal.) is hereby added as
follows with underlining (underlining) indicating new text:
5.24.035 Appeal.
Any person whose application is disapproved by the chief of police shall have the right to appeal from such
disapproval to the city council. Such appeal shall be taken by filing with the city council a notice of such appeal no later
than ten days after the mailing of the notice of disapproval by the chief of police. Said appeal shall be heard by the city
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council within fifteen days from and after the filing of the notice of appeal. After the council has heard the appeal it may
either overrule or affirm the action taken by the chief of police. If it overrules the chief of police, he shall thereupon
issue the permit to the applicant.
Section 11. Campbell Municipal Code Chapter 5.28 (Pool and Billiard Halls) is hereby
deleted in its entirety and noted as Reserved.
Section 12. Campbell Municipal Code Chapter 5.29 (Bingo) is hereby deleted in its entirety
and noted as Reserved.
Section 13. Campbell Municipal Code Chapter 5.30 (Arcades and Mechanical Amusement
Devices) is hereby deleted in its entirety and noted as Reserved.
Section 14. Campbell Municipal Code Chapter 5.40 (Taxicabs) is hereby deleted and
replaced as follows with underlining (underlining) indicating new text:
Chapter 5.40
TAXICABS
5.40.010 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare by adopting appropriate
regulations in regard to taxicab transportation service as required by Government Code Section 53075.5.
5.40.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings set forth below:
(1) “Driver” means any person in charge of or driving any taxicab, either as owner, independent contractor,
lessee, agent, employee, or otherwise under the direction of the owner.
(2) “Owner” means the person who, or the firm, association or corporation, which is registered with the
Department of Motor Vehicles of the state of California as the owner of a vehicle or vehicles used in the
transportation of persons for compensation, or who has a legal right to possession of such vehicle pursuant to
a lease or rental agreement, or who contracts with the driver of such vehicle who is the registered owner or
has legal right to possession of the vehicle. The act or omission of any owner’s officer, agent, employee or
independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes
the act or omission of the owner operating the taxicab business regulated by this chapter.
(3) “Permit officer” means a duly authorized agent or designee of the police chief of the City of Campbell.
(4) “Taxicab” means any public passenger motor vehicle engaged in the business of transportation of
passengers for hire over the public streets of the City of Campbell and not over a definite route, upon a fixed
schedule, or for a fixed rate, regardless of distance traveled. “Taxicab” shall not include a drive-yourself vehicle,
hearse, ambulance, or bus operated over a fixed route.
(5) “Taxicab business, operation or service” means any business, operation, or service pursuant to which
taxicabs are made available for hire or receiving passengers in a taxicab. It does not include transportation
services owned and operated by a public agency.
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(6) “Taximeter” means an instrument or device attached to a taxicab by which the fare authorized for the hire
of such taxicab is accurately, mechanically or electronically calculated on the basis of initial charge, distance
traveled and/or waiting time, or any combination thereof, which fare shall be indicated upon the taximeter by
means of legible figures in dollars and cents.
5.40.030 Owner’s permit required.
A. It is unlawful for any person to engage in the taxicab business, operation or service that will receive passengers
from trips originating within the city, unless the owner of the taxicab applies for and obtains an owner’s permit, as
provided in this chapter. An owner of a vehicle for hire in the city shall also be required to apply to obtain a driver’s
permit if the owner is also a taxicab driver as provided in this chapter.
B. The police department shall administer the application process for a taxicab owner’s permit.
C. Each application for a taxicab owner’s permit shall be in writing, duly certified under oath, and it, together with a
copy thereof, shall be filed with the permit officer.
D. Fees. All applications for a taxicab owner’s permit shall be filed with the permit officer and shall be
accompanied by a nonrefundable fee in an amount established by city council resolution. Renewal applications for a
taxicab owner’s permit shall also be filed with the permit officer. The fees provided for in this chapter are in addition to,
and not in lieu of, the business license taxes assessed pursuant to Chapter 5.04.
5.40.040 Owner’s Permit Application – Annual Permit Renewal.
A. An application for a taxicab owner’s permit under this chapter shall be made upon such forms as may be
prescribed by the permit officer, and shall contain at a minimum:
1. The name(s), residence and business addresses of the applicant, including all members of any firm or
partnership, or all officers and directors of any corporation, applying;
2. The trade or other fictitious business name, if any, under which the applicant does business or
operates, and/or proposes to do business or operate;
3. The training and experience of each applicant in the business, operation and service of transportation
of passengers;
4. A description of each taxicab which will be operated as part of the owner’s taxicab business, operation
or service, including the make, model, year of manufacture, vehicle identification number, current state license number,
length of time the taxicab has been in use, and the color scheme, insignia, name, taxicab number, and monogram or
other emblem to be used to designate each taxicab;
5. Proof of insurance meeting the requirements of Section 5.40.080 of this chapter;
6. A certificate indicating that each taxicab has been inspected by a facility authorized by the state of
California and confirming that each taxicab has operational brakes, safety restraints, interior lighting, exterior lighting,
doors and windows, and that the vehicle is in a safe mechanical condition;
7. Evidence that the owner or driver is the registered owner of each taxicab to be operated under the
owner’s permit, or that the owner or driver has a legal right to possession of such vehicle pursuant to a lease or rental
agreement;
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8. A list of all other jurisdictions in which the owner is currently permitted or licensed to operate each
taxicab or where the owner currently has a permit or license application pending to operate each taxicab;
9. Whether or not any owner’s permit held by the applicant(s) has or have been revoked by the city or
any other jurisdiction, and if so, the circumstances of such revocation(s);
10. The past criminal record of the applicant;
11. A list of all drivers operating the owner’s taxicabs;
12. A certificate of accuracy from the Santa Clara County Department of Weights and Measures for all
taximeters in taxicabs to be operated by the owner or his or her agent, lessee, or employee, obtained within one year of
the application;
13. A written customer complaint policy setting forth the procedure that the owner will employ to
receive, investigate and resolve customer complaints concerning taxicab service. The policy shall be in a form that will
be made available to members of the public;
14. Mandatory controlled substance certification from an authorized testing facility or provider as
required by Section 5.40.130 of this chapter; and
15. Any other information, which the permit officer may deem necessary in support of the public health,
safety and welfare.
B. Completed applications for a taxicab owner’s permit shall be filed with the permit officer who shall conduct a
background investigation of each owner and make a written determination whether to grant or deny the owner’s
permit within ninety days after the filing of the application, or as soon thereafter as is reasonably possible.
C. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year
and shall be renewed only upon the filing by the permit holder, and approval by the permit officer, of a permit renewal
application, which shall contain the same information and be reviewed on the same bases as an original application.
D. The sale or transfer of a company will require the new owner to apply for a new permit in accordance with this
chapter.
E. If the taxi service for which a permit is granted under this chapter is discontinued for a period of forty-five days,
any permit granted under this chapter shall be automatically cancelled and shall be reissued only by a new application
in accordance with the provisions of this chapter.
5.40.050 Denial of Owner’s Permit Applications.
A. The permit officer may deny any owner’s permit application on any of the following grounds:
1. There is a reasonable cause rendering the proposed operation undesirable or inadequate for the city;
2. The application fails to satisfy any of the requirements set forth in Section 5.40.040.
3. The vehicle proposed to be operated is inadequate or unsafe, or it appears that the applicant lacks the
financial ability to provide the proposed service in a safe and continuous manner;
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4. The applicant has been convicted of a felony or the violation of a narcotic law or any penal law involving
moral turpitude; or has been found to have violated the provisions of this chapter; or has been convicted of
committing or attempting to commit any type of consumer fraud or unfair practices; or has had a similar
permit revoked in any city, county or state for cause; or has been found to have violated this code.
5. The proposed name of the company, color scheme or characteristic insignia will tend to confuse the
identification of the vehicles proposed to be operated with those of another owner operating in the city; or
6. The owner has failed to provide required information, omitted relevant information, or provided false
information on the written application or otherwise during the application process.
7. The applicant has failed to pay when due all applicable fees and taxes imposed by the city.
5.40.060 Additions and substitutions.
A. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to add to the
number of such vehicles shall do so only upon obtaining permission from the permit officer, which shall be granted only
upon application made in the same manner and under the same proceedings as are required in this chapter for
obtaining a new permit.
B. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to substitute
a different vehicle for a vehicle operated under such permit, shall do so only upon obtaining permission from the permit
officer, which shall be granted only upon written application setting forth the particulars of such proposed substitution,
and upon otherwise complying with the requirements of this chapter.
C. The permit officer shall have the same authority in granting or denying such application for permission to add or
substitute a vehicle as is prescribed in this chapter for granting or denying an owner’s permit application.
5.40.070 Liability Insurance Policy.
A. It is unlawful for any owner to drive or operate, or cause or permit to be driven or operated, any vehicle for
hire in the city unless such owner has filed with the Campbell police department applicable written insurance
certificate(s) and endorsements, as specified in this chapter and by the permit officer, evidencing that any and all
vehicles for hire which may be driven or operated under any permit granted to such owner, and all liability for bodily
injury and property damage relating to the taxicab business, operation or service are covered under liability policy(ies)
which satisfy the requirements in this chapter.
B. Insurance policies shall be submitted to the permit officer for approval prior to issuance of a taxicab owner’s
permit. The liability policies shall be issued by responsible and solvent corporations authorized to issue insurance
policies under the laws of the State of California. The certificates and endorsements shall confirm that the policies are in
full force and effect at all times for any occurrences during the permit period.
C. Any cancellation of the policy by the insurance company or the owner of the company without immediate
replacement by the owner may result in a suspension or revocation of the taxicab owner’s permit. The Campbell police
department shall be listed on the insurance document as the certificate holder. The falsification of any insurance
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certificate by or on behalf of any taxicab owner or the failure to maintain the required liability insurance coverage in full
force and effect at all times shall be grounds for revocation of the taxicab owner’s permit.
5.40.080 Insurance Requirements.
A. The holder of a taxicab owner’s permit, at taxicab owner’s sole cost and expense, shall obtain and maintain
throughout the term of the taxicab owner permit, or any renewal thereof, the insurance requirements as may be
required by city and any laws of the State of California.
B. The insurance requirements shall be referred to in and made a part of the application for a taxicab owner’s
permit. The permit officer shall notify in writing all applicants or holders of taxicab owner’s permit of any modifications
of the insurance requirements.
C. All policies and coverages required by this section are subject to approval by the risk manager as to content
and form. No permit newly issued or renewed shall be valid until such approval is issued in writing by the risk manager.
D. A true, certified and correct copy of the entire policy, including copies of all endorsement made a part thereof,
shall be mailed to the Risk Manager, City of Campbell, 70 N. First Street, Campbell, California 95008, directly from the
authorized agent, broker or insuring company for each policy required under this chapter. All policies shall be on file and
effective at the time the taxicab owner’s permit is issued or renewed.
E. If at any time the entire insurance policy or any portion thereof expires without immediate proof of renewal,
the taxicab owner’s permit shall be immediately suspended. The permit officer is hereby authorized to enforce such
suspension upon receiving written notice from the risk manager that no proof of renewal or reinstatement has been
submitted by the holder of a taxicab owner permit.
F. If at any time in the judgment of the risk manager and/or the permit officer, said policies or coverages are not
sufficient for any cause or reason, the risk manager and/or the permit officer may require the holder of a taxicab owner
permit to replace said policies or coverages within ten business days with other policies or coverages acceptable in
accordance with this section. If the holder of a taxicab owner permit fails to do so, the taxicab owner permit shall be
automatically suspended at the expiration of the ten-day period until such time as said policies or coverages are
properly replaced.
G. The taxicab owner’s permit issued under this chapter shall be automatically revoked upon the cancellation of
the insurance policies or coverages required under this section. The reinstatement of insurance policies or coverages
after a third cancellation within a twelve-month period shall not obligate the city to renew the taxicab owner permit
upon request to do so.
H. Prior to the issuance of a taxicab license, and at the annual renewal thereof, the applicant or holder of a
taxicab license shall submit to the risk manager a signed agreement to indemnify, hold harmless and defend the City of
Campbell, its officers, employees and agents, in a form approved by the city attorney.
5.40.090 Driver’s permit.
A. It is unlawful for any driver to operate any vehicle for hire in the city without a valid permit to do so as provided in
this chapter.
B. The police department shall administer the application process for taxicab drivers’ permits.
C. Each application for a driver’s permit shall be in writing, duly certified under oath, and it, together with a copy
thereof shall be filed with the permit officer.
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D. All applications for a driver’s permit shall be accompanied by a nonrefundable fee in an amount established by city
council resolution. Renewal applications for a driver’s permit shall also be filed with the permit officer. The fees
provided for in this chapter are in addition to, and not in lieu of, the business license taxes assessed pursuant to Chapter
5, if applicant is to be engaged under contract by the taxicab owner as an independent contractor and is not an
employee.
5.40.100 Driver’s Permit Application – Annual Permit Renewal.
A. An application for a taxicab driver’s permit under this chapter shall be made upon forms prescribed by the
permit officer, and shall contain at a minimum:
1. The name, current address and telephone number of the applicant;
2. Two passport-size photographs taken within the past three months of the applicant depicting front
and side views;
3. Current copies of any and all driver’s licenses issued to the applicant;
4. Submit fingerprint and file such record in the Police Department Bureau of Identification and with city
police department;
5. The training and experience of the applicant;
6. The name and address of each of the driver’s employers during the preceding three years;
7. A list of all other jurisdictions in which the applicant is currently permitted or licensed to operate a
taxicab or where the driver currently has a permit or license application pending to operate a taxicab;
8. Whether or not a vehicle for hire driver’s permit issued to the driver by the city or any other
jurisdiction has ever been revoked and, if so, the circumstances of such revocation;
9. The name and address of the owner by whom the driver is to be employed or engaged under contract
as a taxicab driver;
10. The endorsement by the owner, by whom the applicant is to be employed or engaged under contract
as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic
laws of the State of California and the City of Campbell, and of the streets of the City, and to safely operate a
public transportation vehicle in the City;
11. Proof of employment, an offer of employment, an independent contractor agreement, or an
application to lease as a taxicab driver within the City of Campbell;
12. Proof of insurance, as required by Section 5.40.080.
13. Mandatory controlled substance certification as required by Section 5.40.130 of this chapter of a
current negative test for alcohol and for each of the controlled substances specified in Part 40 (commencing with
Section 40.1) of Title 49 of the Code of Federal Regulations from the driver’s employer. Self-employed independent
drivers shall have test results reported directly to the permit officer from an authorized testing facility or provider.
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14. Any other information, which the permit officer may deem necessary in support of the public health,
safety and welfare.
B. An application shall be deemed incomplete and an application will not be considered by the permit officer until
all the information required by subsection A of this section is contained in the applicant’s driver’s permit application.
C. An applicant may meet the requirements of this section by filing with the permit officer, a copy of any
application filed with any other California jurisdiction requiring substantially the same information as required by this
section, filed within 30 days of the date of the application with the City of Campbell.
D. A valid taxi driver permit issued by the County of Santa Clara, or any of the other cities within Santa Clara
County within 30 days of driver’s application to the City of Campbell may be accepted by the permit officer as evidence
of compliance with this section.
E. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year
and shall be renewed only upon the filing by the permit holder, and approval by the permit officer of a permit renewal
application, which shall contain the same information and be reviewed on the same bases as an original application.
5.40.110 Denial of Driver’s permit application.
A. The permit officer may deny any driver’s permit application if it is determined that:
1. There are physical, mental or moral deficiencies of the applicant, or a criminal record, which, in the sound
discretion of the chief of police or his or her designee, would render such applicant not competent to operate a
vehicle for hire;
2. The permit officer, within the permit officer’s sound discretion, determines that the driver is a negligent or
incompetent operator of a motor vehicle;
3. The driver’s license of the applicant has been suspended or revoked or the driver is not in compliance with
the provisions of this chapter and/or state or federal regulations governing the operation of a motor vehicle;
4. The driver has received a positive result in any random test for controlled substances or alcohol within the
prior twelve calendar months;
5. The granting of such permit would be in violation of any law or would endanger the public health, safety or
welfare;
6. The driver is under the age of eighteen; or
7. The driver failed to provide required information, omitted relevant information, or provided false
information on the written application or otherwise during the application process.
5.40.120 Termination of driver.
Upon termination of employment or termination of the independent contractor relationship of a taxicab
driver:
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A. The taxicab driver’s permit shall become immediately void;
B. The taxicab driver shall return the driver’s permit to the city within three calendar days of the
termination; and
C. The taxicab owner shall notify the city that the driver’s employment has terminated within three
calendar days of the termination.
5.40.130 Alcohol and controlled substance testing.
A. No owner’s permit shall be issued or renewed unless the holder at the time of permit issuance or
renewal files with the permit officer a certification that the holder maintains a mandatory controlled substance and
alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and
California Government Code Section 53075.5 for all drivers of vehicles operated under the certificate.
B. No driver’s permit shall be issued or renewed unless the holder at the time of the permit issuance or
renewal files with the permit officer certification that the driver of a taxicab operated under the permit has tested
negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing
certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California
Government Code Section 53075.5. Driver permit applicants who test positively pursuant to the certification program
referenced in this section shall be ineligible to apply again for a driver’s permit during the five-year period following the
positive test. Driver permit renewal applicants who have tested positively pursuant to random alcohol/controlled
substance testing shall not be eligible to apply for their driver’s permit renewal until they have successfully completed
an accredited substance abuse program in accordance with Government Code Section 53075.5.
C. Costs. The taxicab owner shall pay the costs of taking an alcohol/controlled substance test of an
employee. The taxicab driver shall pay the costs of taking an alcohol/controlled substance test of a self-employed and
independent taxicab driver.
D. Reporting. The written results of the alcohol/controlled substance test of an employee driver or of a
self-employed independent driver who has executed a release in favor of the taxicab company shall be delivered to the
taxicab owner/company. The taxicab owner/company shall immediately forward copies of the written results to the
permit officer.
E. Tests from Another Jurisdiction. A test taken to obtain a driver’s permit in another jurisdiction shall be
accepted as though conducted as part of the permit renewal process for the City of Campbell for up to one year from
the date the test was taken. The prior test shall apply only for purposes of renewing a driver’s permit, so long as the
driver has not tested positive thereafter. However, a negative result from a test taken for another jurisdiction shall not
satisfy the pre-employment testing requirements to receive an initial permit as imposed by this chapter.
5.40.140 Permit renewal.
Renewal of any permit issued pursuant to this chapter shall require the conformance with all of the
requirements of this chapter for original permit applications, except that an owner’s permit may be renewed without a
new finding of public convenience and necessity or as otherwise noted. The taxicab owner’s permit and taxicab driver’s
permit shall be renewed annually.
5.40.150 Appeals.
Any interested party, including the applicant, may appeal the decision of the permit officer to issue or deny a
driver’s permit. The appeal shall be made in writing to the city clerkl within 15 business days of the permit officer’s
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decision; and shall be heard by the city council. The decision of the city council shall be final, subject only to judicial
review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
5.40.160 Permit Suspensions or Revocations.
A. The permit officer shall have the power to suspend or revoke any taxicab owner’s permit or taxicab driver’s
permit issued under this chapter for any of the reasons for which an application for such a permit may be denied.
B. If, pursuant to a random drug or alcohol screening test, the holder of an owner’s permit or driver’s permit
should test positive, the permit officer, in accordance with Section 5.40.170, shall suspend the permit holder’s permit
on an emergency basis. The suspension shall remain in effect until the permit holder has satisfactorily complied with all
requirements imposed by the permit holder’s substance abuse professional (SAP). If the same permit holder should
subsequently test positive pursuant to a subsequent drug or alcohol screening test, the permit holder’s permit shall be
revoked and the permit holder shall be ineligible to again apply for a permit for at least five years following the positive
test.
C. Notice. The permit officer may suspend or revoke a taxicab owner’s permit or taxicab driver’s permit only after
providing notice to the permit holder and providing reasonable time for compliance; however, the permit officer may
summarily revoke a taxicab driver’s permit upon notification from the Department of Motor Vehicles that such driver’s
California driver’s license has expired or has been suspended or revoked, or that the driver has been convicted of a
crime affecting public health, safety or welfare. If a permit is suspended or revoked, the permit officer shall prepare
written findings regarding the reason(s) for the suspension or revocation.
D. Appeals. Any interested party, including the permit holder, may appeal the decision of the permit officer to
suspend or revoke an owner’s or driver’s permit. The appeal shall be made in writing to the city clerk within 15 business
days of the permit officer’s decision; and shall be heard by the city council. The decision of the city council shall be final,
subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Except for permits
revoked pursuant to Section 5.40.160. B, the permit, which is the subject of an appeal, shall remain in effect pending
appeal.
E. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a
taxicab owner’s permit, such owner’s taxicab business, operation and service in the City of Campbell shall cease
immediately. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a
taxicab driver’s permit, that driver shall immediately cease to drive a taxicab in the City of Campbell and surrender the
permit to the permit officer.
F. Nothing herein shall preclude the permit officer’s immediate suspension of a taxicab owner’s permit or a
taxicab driver’s permit upon determination by the permit officer that the public health or safety so requires.
G. The permit officer shall determine the length of any suspension or revocation and, in making this
determination shall base his or her decision on all extenuating and mitigating factors deemed appropriate including, but
not limited to, the nature and gravity of the offense.
5.40.170 Emergency suspension.
A. The permit officer may issue an order suspending a taxicab owner’s permit or a taxicab driver’s permit for a
period not exceeding ten days without having conducted a hearing therefore, if the permit officer determines that the
continued use of the permit will cause immediate hazard to the public safety, health or welfare.
B. Within ten days of the effective date of the emergency suspension order, the permit officer shall hold a hearing
for the owner or driver to show cause why the permit should not be suspended or revoked.
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C. The order issued by the permit officer under subsection A of this section shall also contain a notice of the
hearing setting forth the date, time and place of the hearing.
D. Emergency suspensions made pursuant to Section 5.402.160.B which are upheld at the show cause hearing
shall remain in effect until the permit holder has satisfactorily complied with all requirements imposed by the permit
holder’s substance abuse professional (SAP).
5.40.180 Transfer of permits.
Neither a taxicab owner’s permit nor a taxicab driver’s permit issued pursuant to this chapter shall be
transferable or assignable in any manner whatsoever.
5.40.190 Rates and Fares.
A. The city council may, but is not required to establish or, once established, amend maximum taxicab rates and
fares m by resolution adopted after a duly noticed public hearing.
B. Before any action by the city council is taken to establish or amend maximum rates and fares, each person
holding a taxicab owner’s permit issued by the City of Campbell, shall be given 30 days mailed written notice thereof
and an opportunity to be heard by the city council.
C. The maximum rate and fare schedule adopted or amended by the city council may include a discount rate and
fare schedule for senior citizens.
D. Prior to considering any adjustment to the maximum rate and fare schedule, the city council may require each
taxicab owner possessing an owner’s permit to submit for city review an audited financial statement for the prior year’s
business operations reflective of income earned and expenses incurred by the taxicab owner which are specifically
attributable to the taxicab owner’s taxicab operations as distinguished from other business operations in which the
taxicab owner may be engaged. Should a taxicab owner initiate a rate/fare adjustment request, the request shall be in
writing, state the basis for the request, and be accompanied by an audited financial statement of the type described in
this chapter.
5.40.200 Accurate taximeter and rate schedule required.
A. Regardless of whether the city council establishes maximum rates or fares, all owners or operators of taxicabs
shall register its rates and fares in a schedule filed with the police department. No owner or operator shall charge or
receive any other or different fare for the use of such taxicabs than that specified in such fare schedule.
B. The taxicab business, operation or service shall disclose fares, fees, or rates to the customer. A permitted
taxicab business, operation or service may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web
site, mobile telephone application, or telephone orders upon request by the customer.
C. The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the ride
for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a
mobile telephone, device, or other Internet-connected device, or be clearly visible in either print or electronic form
inside the taxicab.
D. No taxicab owner shall drive or operate or allow another to drive or operate any of his or her taxicabs unless
the taxicab is equipped with an operative and accurate taximeter as determined by the Santa Clara County Department
of Agriculture/Weights and Measures.
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E. The taximeter shall display the rate charged and the running total of each fare in full view of the passenger
compartment.
D. Taximeters shall show compliance with Section 5.40.040.A.12.
5.40.210 Rules of operation and service.
A. Receipt. Every driver shall, upon request, give a correct written receipt upon payment of the fare.
B. Individuals with Disabilities. No driver shall discriminate against individuals with disabilities by actions
including, but not limited to, refusing to provide service to individuals with disabilities who can use taxi vehicles,
refusing to assist with the stowing of mobility devices, or charging higher fares or fees for carrying individuals with
disabilities and their equipment than are charged to other persons.
C. Boarding and Discharge of Passengers. No passenger shall be received or discharged in the roadway, but shall
be received or discharged as nearly as possible to the right-hand curb or right-hand side of the roadway where there is
no curb, except on one-way streets, where passengers may be discharged at either the right-hand or left-hand curb or
right-hand or left-hand side of the roadway where there is no curb.
D. Direct Route. Each driver employed to carry a passenger(s) to a definite point shall take the most expeditious
route possible to the passenger’s destination and by which the passenger will be transported safely, considering all
factors affecting time and distance.
E. Obstructing Street Traffic. It is unlawful for any driver operating a taxicab to obstruct a street or otherwise
impair traffic in the course of receiving or discharging passengers.
F. Identification of Company. The following identification shall be required for each taxicab and taxicab driver
permitted to operate under this chapter:
1. The name of the taxicab company shall be affixed on both the driver’s and the passenger’s side of the
taxicab in clear lettering of not less than three inches in height and no more than six inches in height;
2. An individual number for each taxi of the taxicab company shall be affixed on both the driver’s and the
passenger’s side, and rear-facing panel of the taxicab in clear lettering of not less than three inches in height and no
more than six inches in height;
3. An operating light shall be affixed to the top of the roof, which shall be clearly visible from all sides of
the taxicab, and which shall identify the vehicle as a taxicab; and
4. Taxicab drivers shall be in possession of, and have on their person in plain view a photo identification
card identifying the taxicab driver by name and taxicab company at all times while on duty. The card shall contain a
recent photograph of the driver and shall otherwise be in a form approved by the chief of police.
G. Notification of Drivers. No less often than annually, the owner shall notify all drivers in writing of the rules of
operation and service described in this section, and shall obtain a written acknowledgement of receipt of the rules of
operation and service.
5.40.220 Violations.
A. It is unlawful and a violation of this chapter to own a taxicab business, or otherwise conduct a taxicab business,
operation or service, without a valid taxicab owner’s permit issued by the City of Campbell.
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B. It is unlawful and a violation of this chapter to operate a taxicab within the City of Campbell without a valid
taxicab driver’s permit issued by the City of Campbell.
Section 15. Campbell Municipal Code Section 5.50.135 (Temporary Uses) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text as follows:
Approval of a special event permit may also include related activity occurring on private property without being
subject to the permit requirements or standards of Chapter 21.45 (Temporary Uses)pursuant to Chapter 21.54,
(Temporary Use Permits).
Section 16. Campbell Municipal Code Section 10.08.100 (Sound truck permits.) is hereby
deleted in its entirety and noted as Reserved.
Section 17. Campbell Municipal Code Section 21.10.030 (Commercial, Office, and
Industrial Uses) is amended to read as follows with underlining (underlining) indicating new
text and strikeouts (strikeouts) indicating deleted text:
21.10.030 Commercial, Office, and Industrial land uses.
The permissibility of land uses in Commercial, Office, and Industrialresidential districts shall be as specified by
Table 2-5 (Land Use Table – Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational
standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval
of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall
not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use
Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited
and shall not be allowed. The list of land uses is organized by headers which themselves do not convey an intended land
use.
Table 2-5
Land Use Table — Commercial, Office, and Industrial Zoning Districts
Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
Manufacturing, Processing, and Storage
1 Artisan products, small-scale assembly X P X P P
2 Building material stores/yards X X X X C
3 Chemical products X X X X C
4 Clothing products manufacturing X X X P P
5 Contractor's equipment yards X X X X C
6 Electronics and equipment manufacturing X X X P P
7 Food and beverage product
manufacturing X X X P P
8 Furniture/cabinet shops X X X P P
9 Glass products manufacturing; X X X P P
10 Handicraft industries, small scale assembly X P X P P
11 Laboratories X X X X P
City Council Ordinance No.
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
12 Laundries/dry cleaning plants X X X P P
13 Lumber and wood products, including
incidental mill work X X X X P
14 Machinery manufacturing X X X P P
15 Metal products fabrication X X X P P
16 Outdoor storage X X X X C
17 Paper products manufacturing X X X P P
18 Pharmaceutical manufacturing X X X P P
19 Plastics and rubber products X X X P P
20 Printing and publishing X X X P P
21 Recycling facilities - processing facility X X X X C
22 Research and development X X X P P
23 Rug and upholstery cleaning X X X X P
24 Sign manufacturing X X X P P
25 Storage facilities (one facility per every
five thousand people of the population) X X X X C
26 Textile products manufacturing X X X P P
27 Warehousing, wholesaling and
distribution facility, incidental. X X X X P
28 Warehousing, wholesaling and
distribution facility, primary. X X X X P
Recreation, Education, Public Assembly
29 Commercial child day care centers C C C X X Section 21.36.080
30 Commercial schools C C X X X
31 Community/cultural/recreational center C C C X X
32 Golf courses and golf driving ranges X C X X X
33 Libraries, public P P C X X
34 Membership organization facilities X X C X X
35 Miniature golf courses X C X X X
36 Museums, public C C X X X
37 Public assembly uses C C C X C
38 Studios, large C C X C C
a. When studio uses occupy 10% or less of
the gross non-residential floor area of a
property or shopping center.1
P P X C C
b. When studio uses occupy 20% or less of
the gross non-residential floor area of a
property or shopping center.1
AC AC X C C
c. All others. C C X C C
39 Studios, small C C X C C
a. When studio uses occupy 10% or less of
the gross non-residential floor area of a
property or shopping center.1
P P X C C
b. When studio uses occupy 20% or less of
the gross non-residential floor area of a
property or shopping center.1
AC AC X C C
c. All others. C C X C C
40 Schools—K-12, private C C C X X
41 Schools—K-12, public P P P X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
42 Tutoring centers, large, subject to Section
21.36.243 C C P X X Section 21.36.243
a. When tutoring uses occupy 20% or less
of the gross non-residential floor area of a
property or shopping center.
AC AC P X X
b. All others. C C P X X
43 Tutoring centers, small, subject to Section
21.36.243 C C P X X Section 21.36.243
a. When tutoring uses occupy 20% or less
of the gross non-residential floor area of a
property or shopping center.
AC AC P X X
b. All others. C C P X X
44 Universities/colleges, private C C C X X
45 Universities/colleges, public P P X X X
Retail
46 Alcohol sales, offsite C C X X X Section 21.36.142
47 Alcohol sales, onsite C C X X X Section 21.36.144
48 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service
restaurants. AC AC X X X
b. In conjunction with quick service
restaurants or cafes. C AC X X X
c. All others. C C X X X
46
Ancillary retail operations associated with
a lawfully established use which occupy
no more than twenty-five percent of the
use's existing floor area.
X X X X C
49
47 Ancillary retail uses serving industrial uses X X X C C
48 Convenience markets/stores; C C X X X
49 Department stores X C X X X
50
Furniture, furnishings, and equipment
stores (greater than ten thousand square
feet)
C P X X X
51 Furniture, furnishings, and equipment
stores (under ten thousand square feet) C P X X X
50
52 Garden centers/plant nurseries C P X X X
51
53 Gasoline stations C C X X X
52
54
Grocery stores (greater than ten thousand
square feet) C C X X X
a. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
b. All others. C C X X X
55 Grocery stores (under ten thousand
square feet) P P X X X
56 Hardware stores (greater than ten
thousand square feet) C C X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
57 Hardware stores (under ten thousand
square feet) P P X X X
58 Liquor establishments C N/
A X X X
59 Liquor establishments (on-site
consumption only); N/A C X X X
60 Liquor stores C N/
A X X X
61 Liquor stores (off-site consumption only); X C X X X
62 Meat markets P X X X X
63 Music (recordings) stores C C X X X
53
64 Outdoor retail sales and activities X C X X X
54
65 Pet stores C C X X X
66 Pharmacies/drug stores P P X X X
67 Pharmacies/drug stores, with drive-up
service; X C X X X
55
68 Retail stores, general merchandise; P P X X X
a. When the tenant space is less than
10,000 gross square-feet in area. P P X X X
b. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
c. All others. C C X X X
56
69
Second hand/thrift stores with onsite
acquisition X C X X X
57
70
Shopping centers (greater than ten
thousand square feet) C C X X X
58
71
Shopping centers (under ten thousand
square feet) P P X X X
59
72 Vending machines P P X X X
73 Warehouse retail stores C C X X X
Entertainment
60
74 Arcades C C X X X Section 21.36.030
61
75 Dancing and live entertainment C C X X X
62
76 Drive-in theaters X C X X X
63
77
Indoor amusement
/entertainment/recreation centers X C X X X
a. When the use occupies 10% or less of
the gross non-residential floor area of a
property or shopping center.1, 2
C P X X X
b. When the use occupies 20% or less of
the gross non-residential floor area of a
property or shopping center.1
C AC X X X
c. All others. C C X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
64
78 Nightclubs with or without food service X C X X X
65
79
Outdoor
amusement/entertainment/recreation
centers
X C X X X
66
80 Theaters, movie or performing arts X C X X X
General Services
67
81 Adult day care facilities X C X X X
68
82 Automated teller machines (ATM's) P P X X X
69
83 Banks and financial services P P X X X
70
84
Bed and breakfast inns (only in historic
structures) X C X X X
85 Blueprinting shops X P X P P
71
86 Business support service X X X P P
72
87 Cat and dog day care facilities X C X X C
73
88 Cat and dog grooming facilities X C X X C
a. When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
10% or less of the gross non-residential
floor area of a property or shopping
center.1, 2
C P X X C
b. When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
20% or less of the gross non-residential
floor area of a property or shopping
center.1
C AC X X C
c. All others. C C X X C
74
89 Cat Boarding facilities X C X X C
75
90 Catering business X X X X C
76
91
Catering business, only when ancillary to a
restaurant P P X X X
77
92 Check cashing X C X X X
78
93 Construction equipment rentals X X X X C
79
94 Dog Boarding facilities X X X X C
80
95 Dry cleaning P P X X X
81
96 Equipment rental establishments X C X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
82
97 Health/fitness centers C C C C C Section 21.36.095
a. When the tenant space is less than
10,000 gross square-feet in area. AC AC C C C
83
98 Hotel C P X X X
84
99 Laundromats, self-service P P X X X
85
100 Massage establishments X C C X X Section 21.36.270
86
101 Motel C P X X X
87
102 Payday lender X C X X X
88
103 Personal services, general P P X X X
89
104 Personal services, limited X C X X X
90
105 Photocopying P P X X X
91
106 Photography studio/supply shop P P X X X
92
107
Recycling facilities—Reverse vending
machines, other than such machines with
a permit issued pursuant to Section
21.36.245
C C X X X
93
108
Recycling facilities —- large collection
facility, other than such facilities with a
permit issued pursuant to Section
21.36.245.
X X X X C
94
109
Recycling facilities—small collection
facility, other than such facilities with a
permit issued pursuant to Section
21.36.245
C C X X X
95
110
Repair and maintenance, consumer
products P P X X P
96
111 Sign shops X C X X P
112 Spa services C C X X X
97
113 Tanning studios C C X X X
98
114 Veterinary clinics and animal hospitals C C X X C Section 21.36.250
99
115 Video rental stores C C X X X
Motor Vehicles, Trailers, and Watercraft
100
116
Marine sales (new and used),
with/without service facilities X X X X C
101
117
Motor vehicle —-cleaning, washing, and
detailing X C X X C
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
102
118 Motor vehicle—dismantling X X X X C
103
119 Motor vehicle—leasing X C
X X X C
104
120 Motor vehicle—-oil change facilities X C X X C
105
121 Motor vehicle—painting X X X X C
106
122
Motor vehicle —-parts and supplies (very
limited maintenance/installation) X C X X X
107
123 Motor vehicle—renting X C
X X X C
124 Motor vehicle—-renting and leasing X C X X N/A
108
125
Motor vehicle—repair and maintenance
(minor and major/only within an enclosed
structure)
X X X X C
Section 21.36.140
a. When the tenant space is less than
10,000 gross square-feet in area.2 X X X X AC
b. All others. X X X X C
126 Motor vehicle—repair and maintenance
(minor/only within an enclosed structure). X X X X C
109
127 Motor vehicle—-sales (new and/or used) X C X X C
110
128 Motor vehicle—tune-up X X X X C
111
129 Motor vehicle—tune-up—light duty only X X X X C
112
130 Motor vehicle—window tinting X X X X C
113
131
Trailer sales (with or without service
facilities) X X X X C
Food Services
114
132 Banquet facilities X C X X X
115 Drive-in/drive-in service C C X X X
116
133
Restaurants or cafes, quick servicefast
food (with or without drive-in service); C AC
C X X X
117
134
Restaurants, full service or cafes
(excluding fast food or drive-ins) P P X C C
135 Restaurants with late night activities or
banquet facilities C C X X X
Medical Services
118
136 Ambulance service X P X X P
119
137 Convalescent/rest homes C C X X X
120
138 Hospitals X C X X X
121
139 Medical services, clinics C C C C X
City Council Ordinance No.
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
a. When the use occupies 10% or less of
the gross non-residential floor area of a
property or shopping center.1
AC P P C X
b. When the use occupies 20% or less of
the gross non-residential floor area of a
property or shopping center.1
AC AC P C X
c. All others. C C P C X
122
140 Medical services, extended care C C X C X
123
141 Medical services, laboratories X C
P C C C
X
Offices
124
142 Offices, professional; P P P AC AC
125
143 Travel agencies P P X X X
Transportation, Parking, and Communications
126
144 Alternative fuels and recharging facilities AC
C
AC
C
AC
X
AC
X
AC
C
127
145 Broadcast and recording studios C C C C C
146 Light rail lines X X X X P
147 Light rail passenger terminals P P X P P
128
148 Parking lots/structures, public P P C C C
129
149 Radio or television transmitters C C C C C
130
150 Radio stations X C X C C
131
151
Satellite television or personal internet
broadband dishes/antenna (less than 3
feet in diameter)
P P P P P
132
152 Towing services X X X X C Section 21.36.240
133
153 Trucking/freight terminal X X X X P
134
154 Wireless telecommunications facilities
May be allowed in compliance with
CMC Chapter 21.34 (Wireless
Communications Facilities)
Chapter 21.34
Other Uses
135
155 Caretaker/employee housing X C X C C Section 21.36.040
136
156
Emergency shelters; within parcels
depicted by Figure II-63 (Parcels Allowing
Emergency Shelters) of the City of
Campbell Housing Element
P P P P P
Section 21.36.085
137
157
Emergency shelters; outside parcels
depicted by Figure II-63 (Parcels Allowing
Emergency Shelters) of the City of
Campbell Housing Element
C C X C C
Section 21.36.085
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
138
158
Collection containers, small, subject to
obtaining a permit pursuant to Section
21.36.245
P P X P
X P
Section 21.36.245
139 Collection containers, large X P X P P Section 21.36.245
160 Conversion, commercial converted from
residence C C C X X
161 Conversion, industrial converted from
residence X X X X C
140
162
Government offices and facilities (local,
State or federal) C C C C C
141
163 Late night activities C C C C C
142
164
Drive-through/drive-up service/drive-up
window Outdoor active activities (e.g.,
drive-up windows)
X C X X X
143
165
Outdoor seating, when more than twelve
total seats AC AC X X X
144
166
Outdoor seating, when twelve total seats
or less P P X X X
145
167 Philanthropic collection trailers C C X X X
146
168 Public utility service yards X X X C X
147
169
Public utility structures and service
facilities C C X C C
148
170
Public works maintenance facilities and
storage yards X C X C C
149
171
Sexually oriented business in compliance
with Chapter 5.55 and section 21.35.205
of this Code.
X X X X P
Chapter 5.55 and
Section 21.35.205
150
172 Temporary uses
May be allowed in compliance with
CMC Chapter 21.45 (Temporary
Uses)
Chapter 21.45
173
The use of any building that was
constructed as a residential structure for a
commercial or office use
C C C X X
151
174 Transitional housing C C X X C
152
175
Warehousing, wholesaling and
distribution facility, incidental (less than
fifty percent of floor area);
X X X P X
Expressly Prohibited Uses
153
176
Any business that includes smoking
tobacco on site (e.g., smoking lounges,
hookah lounges, etc.)
X
N/A
X
N/
A
X
N/A X X
154
177
Any use inconsistent with state or federal
law X X X X X
155
178
Any use which is obnoxious or offensive or
creates a nuisance to the occupants or
commercial visitors of adjacent buildings
X X X X X
City Council Ordinance No.
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
or premises by reason of the emissions of
dust, fumes, glare, heat, liquids, noise,
odor, smoke, steam, vibrations, or similar
disturbances
156
179 All incineration X
N/A
X
N/
A
X
N/A X X
180
Storage of commercial and industrial
vehicles, except for the purpose of loading
and unloading
X N/
A X X X
181 Storage of industrial vehicles, except for
the purpose of loading and unloading. N/A X N/A X X
182
The storage or warehousing of
merchandise or products in the building or
on the premises, unless otherwise
approved
X X X X X
183 The outdoor storage of merchandise or
products X X X X X
184 The outdoor storage of merchandise or
products, unless otherwise approved. N/A X N/A X X
185
The storage of raw, in process, or finished
material and supplies, and of waste
materials outside of an enclosed building;
N/A N/
A N/A X X
186
The assembly, compounding,
manufacturing, or processing of
merchandise or products, except such as
are customarily incidental or essential to
permitted retail commercial and service
uses
X X X X X
187
The use of any building that was
constructed as a residential structure.
Such building is considered
nonconforming and subject to the
provisions of Chapter 21.58
(Nonconforming Uses and Structures)
N/A N/
A N/A X X
(1) When located more than 50-feet from a public right-of-way, as measured from the back of a public
sidewalk (or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not
present), on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map.
(2) When located more than 500-feet, as measured between the nearest property lines, from properties with
a residential and/or mixed-use land use designation excepting properties with a “General
Commercial/Light Industrial” land use designation.
Section 18. Campbell Municipal Code Section 21.11.060.A (Land uses in the Central
Business Mixed-Use zoning district) is hereby amended to read as follows with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
A. Land uses in the Central Business Mixed-Use zoning district. The permissibility of land uses, whether on the
ground floor, an upper floor, or on all floors, as applicable, shall be as specified by Table 2-11 (Land Use Table —
Central Business Mixed-Use Zoning District), except for land uses in the Winchester Boulevard and East Campbell
City Council Ordinance No.
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Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table — Master Plan Areas). Land uses
that are listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter
21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative
Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use
Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall not be: (1)
permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit;
or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited
and shall not be allowed. Operational requirements for outdoor merchandise display, outdoor seating, alcohol
sales for on-site consumption, and live entertainment are provided further in this chapter.
Table 2-11
Land Use Table — Central Business Mixed-Use Zoning District
# Land Use Ground Floor Upper Floors Special Use
Requirements
1 Alcohol sales, offsite C5 X Section 21.36.142
2 Alcohol sales, onsite C5 C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service
restaurants.
P5 C
b. In conjunction with quick service
restaurants or cafes.
C5 C
c. All others. C C
41 Apartments1 P P
52 Automated teller machines P X
63 Banks and financial services C P
74 Banquet facilities X C
85 Bed and breakfast inn2 C C
96 Cat and dog day care facilities P C
10
7
Cat and dog grooming facilities P C
11
8
Dancing and/or live entertainment
establishments3
C C
12
9
Hotels C C
13
10
Incompatible activities4 X X
14
11
Late night activities C C
12 Liquor establishments5 C6 C
13 Liquor stores7 C X
15
14
Medical services, clinics X C
16
15
Offices, professional C P
17
16
Outdoor retail sales and activities C X
18 Outdoor seating on private property6 P C
19 Outdoor seating and merchandise display
within the public right-of-way7
P X
20
17
Pedestrian-oriented activities8 P P
21 Temporary uses, subject to Chapter 21.45 P P Chapter 21.45
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# Land Use Ground Floor Upper Floors Special Use
Requirements
18
22
19
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter 21.34
(Wireless Communications Facilities)
Chapter 21.34
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking facilities,
and a lobby. Residential units, leasing offices, and recreation spaces shall be restricted to upper floors.
(2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33 (Historic
Preservation)
(3) Except as specified by Section 21.110.060.EF (Standards for live entertainment in the Central Business
Mixed-Use Zzoning Ddistrict), which allows certain pedestrian-oriented activities to incorporate live
entertainment without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2-11A (Land Use Table) or that
incorporates one or more of the following characteristics, as determined by the community development
director in compliance with Section 21.02.020.F (Allowable uses of land).
• Any use inconsistent with state or federal law;
• Services offered by a "body art" practitioner as governed by California Health and Safety Code
sections 119300—119324 (i.e., tattoo parlors and similar uses);
• Services offered by a deferred deposit transaction "licensee" as governed by California Financial
Code sections 23000—23106 (i.e., payday lenders and similar uses);
• Services offered by a "check casher" as governed by California Civil Code sections 1789.30—1789.38
(i.e., check cashing and similar uses);
• Services offered by a "pawnbroker" as governed by California Financial Code sections 21000—
21307 (i.e., pawnshops and similar uses);
• Services offered by a "secondhand dealer" or "coin dealer" as governed by California Business and
Professions Code sections 21500—21672 (i.e., secondhand/thrift stores, consignment shops,
gold buying, and similar uses);
• Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter 5.55;
• Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on-site retail sales;
• Outdoor storage of merchandise or products;
• Assembly, compounding, manufacturing or industrial processing of merchandise or products;
• Breeding, harboring, raising, or training of animals;
• Repair, maintenance, or sale of motor vehicles;
• Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or drive-in
service);
• Smoking or vaping of tobacco products (as defined by Chapter 6.11);
• Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38 and
8.40); or
• All incineration; or
• Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance which is obnoxious or offensive or creates a nuisance.
(5) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor establishments).
City Council Ordinance No.
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(56) When clearly ancillary to a pedestrian-oriented activity and meeting the requirements of CMC 21.36.145
B.1.).Except as specified by Section 21.10.060.E (Standards for alcohol sales for on-site consumption in the
Central Business Mixed-Use zoning district), which allows certain pedestrian-oriented activities to
incorporate an ancillary liquor establishment without a conditional use permit.
(7) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor Stores).
(6) Outdoor seating on private property is subject to the provisions provided in Section 21.36.150 (Outdoor
seating)
(7) Outdoor seating and merchandise display within the public right-of-way are permitted as specified by
Section 21.11.060.F.
(8) "Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate all of the
following characteristics as determined by the community development director in compliance with
Section 21.02.020.F (Allowable uses of land). This definition specifically includes retail stores, grocery
stores, personal services, spa services/health spa (excluding massage establishments), full service
restaurants, indoor amusement centers, and studios as defined by Chapter 21.72 (Definitions).
• Provides or offers food, beverages, retail goods, services, instruction, and/or entertainment to the
general public;
• Is open to the general public on a regular basis;
• Is conducted within the interior of a building, except for outdoor displays and outdoor dining areas
as allowed by this Chapter;
• Maintains a transparent storefront open to the interior of the business and/or onto a merchandise
display (when on the ground floor); and
• Is not otherwise classified as an incompatible activity as defined by this Chapter.
Section 19. Campbell Municipal Code Section 21.11.060.B (Land uses in the Central
Business Mixed-Use zoning district) is hereby amended to read as follows with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
B. Land uses in the Area/Master Plan areas: The permissibility of land uses in the Winchester Boulevard and East
Campbell Avenue Master Plan areas on properties with a General Plan land use designation of Central Business
Mixed-Use shall be as specified by Table 2-11a (Land Use Table 2-11a -— Master Plan Areas). Land uses that are
listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter 21.40
(Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative
Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use
Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall not be: (1)
permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit;
or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited
and shall not be allowed. The boundaries of the Winchester Boulevard and East Campbell Avenue Master Plans
are shown on the City of Campbell Zoning Map, available at the Community Development Department.
Table 2-11a
Land Use Table — Master Plan Areas
# Land Use LAND USES Permissibility
Permissibility
Special Use
Requirements
1 Alcohol sales, offsite C Section 21.36.142
2 Alcohol sales, onsite C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service restaurants. AC
b. In conjunction with quick service restaurants or cafes except
in areas with a Neighborhood Commercial or Neighborhood
AC
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# Land Use LAND USES Permissibility
Permissibility
Special Use
Requirements
Commercial Mixed-Use land use designation or subject to the
Downtown Alcohol Beverage Policy.
c. All others. C
4 Apartments P
5 Arcades C
6 Banks and financial services C
7 Convenience markets/stores C
8 Dancing and/or live entertainment establishments C
9 Government offices and facilities C
10 Grocery stores C
11 Incompatible activities X1
12 Late night activities C
Liquor establishments C2
Liquor stores C3
13 Medical services, clinics C
14 Nightclubs C2
15 Offices, professional P
16 Outdoor seating on private property, when twelve seats or
fewer
P Section 21.36.150
17 Outdoor seating on private property, when more than twelve
seats
AC Section 21.36.150
18 Outdoor seating within the public right-of-way X
19 Parking lots/structures, public C
20 Personal services P
21 Public assembly uses C
22 Restaurants, full service or cafes P
23 Restaurants or cafes, quick servicefast food C
Restaurants, standard C
24 Retail stores, general merchandise P
25 Secondhand/thrift stores with onsite acquisition C
Spa Services/Health Spa C
26 Studios, small and large C
27 Temporary uses, subject to Chapter 21.45 P Chapter 21.45
28 Theaters, movie or performing arts, and concert halls C
29 Tutoring centers (small and large) C
30 Wireless Communication Facilities May be allowed in
compliance with
Campbell Municipal
Code Chapter 21.34
(Wireless
Communications
Facilities)
Chapter 21.34
(1) See Table 2-11, Note #4 of this Chapter for the definition of "Incompatible activities," excepting as
"secondhand dealers" and "coin dealers" as to allow "Secondhand/thrift stores" to reference any "land use
not identified" in Table 2-11a of this Chapter rather than Table 2-11 of this Chapter.
(2) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor establishments).
(3) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor stores).
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Section 20. Campbell Municipal Code Section 21.11.060.D. (Standards for alcohol sales
for on-site consumption in the Central Business Mixed-Use Zoning District) is hereby deleted
in its entirety and noted as (Reserved).
Section 21. Campbell Municipal Code Section 21.36.030 (Reserved) is hereby deleted in
its entirety.
Section 22. Campbell Municipal Code Section 21.36.030 (Arcades) is hereby added as
follows with underlining (underlining) indicating new text:
21.36.030 Arcades.
A. Purpose. This section provides provisions for the establishment and operation of arcades where they are
allowed in compliance with Article 2 (Zoning Districts).
B. Number of arcades permitted. There shall be authorized to be three arcades for every fifty thousand persons
residing within the city limits. If the population exceeds fifty thousand persons, there shall be authorized one
additional arcade.
C. Operational Standards.
1. Locking or barricading doors. No person shall keep any door or entrance to an area with an arcade
locked, barred or barricaded in such manner as to make it difficult of access or ingress to police
officers while two or more persons are present in such room, and no person shall visit or resort to any
such locked, barred or barricaded room or place protected in any such manner to make it difficult of
access or ingress to police when two or more persons are present.
2. Card tables. No card tables shall be kept, or any card games played or allowed in any facility with an
arcade.
3. Duties of proprietor. It shall be the duty of the proprietor or manager of each arcade or semiarcade to
ensure that an adult employee (eighteen years or older) be in charge of the arcade or semiarcade at
all times that it is open to the public.
4. Admittance.
a. Any establishment which contains an arcade and which has a primary business of the sale
of prepared food products and has a secondary or supplemental business of sale for
consumption on the premises of alcoholic beverages shall prohibit the playing of any
amusement device after ten p.m. by any person under the age of eighteen years.
b. Arcades located in premises not licensed for the sale of alcoholic beverages shall be closed to
the public between the hours of twelve midnight and nine a.m.
c. Any establishment which contains an arcade and which has a primary business of the sale
of alcohol shall prohibit the entry of any person under the age of twenty-one years.
d. Minors under the age of eighteen years shall not be allowed to remain in or gain entry to a
facility with an arcade after ten p.m. unless accompanied by a parent or guardian.
D. Impounding. Any mechanical amusement device operated or maintained in violation of any law of the state, of
any provision of this code, of any conditions upon which a permit or license may be granted, or of any lawful
order of the chief of police or such other person who may hereafter be designated is a public nuisance and
shall be impounded by the chief of police, and, if any court of competent jurisdiction determines that the
device or the use or operation thereof violates or has violated any such laws or ordinances, conditions or
orders, the mechanical amusement device shall be confiscated by the chief of police. Likewise, if any such
device is placed, operated or maintained to be operated without a current license, the chief of police may
immediately cause the same to be impounded and may not release the mechanical amusement device until a
new permit has been obtained in the manner provided for in this chapter for obtaining an original permit.
Mechanical amusement devices impounded under the provisions of this section shall be held for a period of
thirty days, and if not redeemed within such period may be destroyed or otherwise disposed of by the chief of
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police. Any proceeds obtained from the disposal thereof, together with all moneys thereon, shall be deemed
forfeited to the city to compensate it for the impounding of such device.
E. Gambling, card tables, and games.
1. Games for value. No person shall permit gambling of any kind or description or playing any
amusement device or games whatsoever for money or anything of value within any arcade. Gambling
and/or gaming in any business establishment where amusement devices are located will subject the
owners of the business establishment, their servants, agents, and employees to prosecution for a
misdemeanor, and upon conviction they shall be subject to such fine and imprisonment as provided in
this code.
Section 23. Campbell Municipal Code Section 21.36.035 (Bingo) is hereby added as
follows with underlining (underlining) indicating new text:
21.36.035 Bingo.
A. Authority. Pursuant to the authority provided in Section 19(c) of Article IV of the State Constitution and Section
326.5 of the Penal Code, the city establishes the following requirements for the conduct of bingo games by
nonprofit charitable organizations within the incorporated area of the city.
B. Purpose. This section provides provisions for the establishment and operation of bingo activities where they
are allowed in compliance with Article 2 (Zoning Districts) and Chapter 21.45 (Temporary Uses).
C. Operational Standards.
1. Organizations permitted to conduct bingo games. No person, organization or other legal entity shall
be permitted to conduct bingo games in the incorporated area of the city unless such persons,
organizations or other legal entities are classified as a mobile home park association, senior citizens’
organization, or possess a valid certificate or letter from the franchise tax board and the Internal
Revenue Service, stating that they are exempted from the payment of the bank and corporation tax by
a section of the Revenue and Taxation Code as follows:
23701-a and are described as labor, agricultural, or horticultural organizations;
23701-b and are described as fraternal, beneficiary societies, orders, or
organizations;
23701-d and are described as religious, charitable, scientific, literary, education
and humanitarian corporations;
23701-e and are described as business leagues, chambers of commerce, real
estate boards, and boards of trade;
23701-f and are described as civic leagues, social welfare and employees'
organizations;
23701-g and are described as nonprofit pleasure and recreation clubs;
23701-i and are described as voluntary government employees' beneficiary
organizations;
2. Minors. No minors shall be allowed to participate in any bingo game.
3. Open to the public. All bingo games shall be open to the public, not just to the members of the
organization.
4. Staffing and operation. A bingo game shall be operated and staffed by members of the organization
which organized it. Only an organization authorized to conduct a bingo game pursuant to this Section
shall operate such game, or engage in the promotion, supervision, or any other phase of such game.
5. No profit, wage, or salary. No person or agent of such person shall receive a profit, wage, salary, or
other income from any bingo game authorized by this section, except as a bona fide prize(s) received
as a participant in such bingo game.
6. Equipment. All equipment used in the operation of bingo games shall be owned by the organization
authorized to conduct such bingo games.
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7. Financial interest. No individual, corporation, partnership, or other legal entity, except the
organization authorized by permit and license to conduct a bingo game, shall hold a financial interest
in the conduct of such bingo game.
8. Separate fund. All profits derived from a bingo game shall be kept in a special fund or account and
shall not be commingled with any other fund or account.
9. Records. Each organization conducting a bingo game shall maintain detailed records of all profits,
expenditures, prizes, and other expenses associated with the operation of bingo games. Said records
shall be retained for such period of time as required by state and federal law and for a period of three
years for purposes of this section.
10. Total value of prizes. The total value of prizes awarded during the conduct of any bingo games shall
not exceed two hundred and fifty dollars in cash or kind, based or both for each separate game which
is held. The total value of prizes may be increased to account for inflation based on the relative
increase in the Consumer Price Index (CPI), as published by the United States Bureau of Labor
Statistics, using a base month and year of December 1977.
11. Physical presence at bingo game required. No person shall be allowed to participate in a bingo game
unless such person is physically present at the time and place at which the bingo game is being
conducted.
12. Frequency and Duration. An organization shall not conduct a bingo game for a period exceeding six
hours per day, or with a frequency of more than twelve times per year.
13. Filing of annual report. At the end of each year, each organization conducting bingo games shall file a
report made under penalty of perjury with the city clerk indicating the total amount of money
received from the operation of the bingo games in the previous year and the total amount paid out in
prizes.
D. Location. An organization authorized to conduct bingo games shall conduct such games only on property
owned or leased by it, and which property is used by such organization for an office or for performance of the
purposes for which the organization is organized. Nothing in this section shall be construed to require that the
property owned or leased by the organization be used or leased exclusively by such organization. No bingo
game shall be conducted by any organization or other legal entity on any property owned or controlled by any
organization or other legal entity on any property owned or controlled by the city, unless the City Manager or
designee has specifically approved the use of city property.
E. Investigation. The chief of police shall have the authority to obtain criminal history information for each person
operating or assisting in the operation of a bingo game.
F. Compliance with State Law. The provisions of this Section are not intended to conflict with, but shall
supplement, all laws of the state relating to lotteries, gaming, and/or gambling.
Section 24. Campbell Municipal Code Section 21.36.142 (Offsite alcohol sales) is hereby
added as follows with underlining (underlining) indicating new text:
21.36.142 Offsite alcohol sales.
This section provides provisions for the establishment and operation of facilities with offsite alcohol sales, where
they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining
zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit) and activities
authorized by Chapter 21.45 (Temporary Uses):
A. Location. All facilities with offsite alcohol sales shall meet the following location requirements:
1. Proximity to sensitive receptors. All facilities with offsite alcohol sales, except grocery stores, shall be
separated from a park, playground, or school a minimum distance of 300 feet as measured between the
nearest property lines.
2. Proximity to other establishments. All facilities with offsite alcohol sales, except grocery stores, shall be a
minimum of 500 feet from another such use, either within or outside the city.
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3. Proximity to payday lenders. All facilities with offsite alcohol sales, except grocery stores, shall be a
minimum of five hundred feet from any payday lender, either within or outside the city.
B. Required findings. The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with onsite alcohol sales:
1. The establishment will not significantly increase the demand on city services; and
2. The establishment will be consistent with the Downtown Alcohol Beverage Policy, when applicable.
Section 25. Campbell Municipal Code Section 21.36.144 (Onsite alcohol sales) is hereby
added as follows with underlining (underlining) indicating new text:
21.36.144 Onsite alcohol sales.
This section provides provisions for the establishment and operation of facilities with onsite alcohol sales, where
they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining
zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit) and activities
authorized by Chapter 21.45 (Temporary Uses):
A. Required findings. The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with onsite alcohol sales:
1. The establishment will not result in an over concentration of another such use in the surrounding area;
2. The establishment will not significantly increase the demand on city services; and
3. The establishment will be consistent with the Downtown Alcohol Beverage Policy, when applicable.
Section 26. Campbell Municipal Code Section 21.36.145 (Onsite alcohol sales) is hereby
added as follows with underlining (underlining) indicating new text:
21.36.145 Onsite alcohol sales, ancillary.
This section provides provisions for the establishment and operation of facilities with ancillary onsite alcohol sales,
where they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an
overlay/combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit)
and activities authorized by Chapter 21.45 (Temporary Uses):
A. Required findings. The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with ancillary onsite alcohol sales when a permit, other than a
zoning clearance, is required by Title 21 (Zoning):
1. The establishment will not significantly increase the demand on city services; and
2. The establishment would be consistent with the Downtown Alcohol Beverage Policy, when applicable.
B. Facility types.
1. “Full service restaurants” or “Quick service restaurants or cafes”, in compliance with Chapter 21.72
(Definitions), when all of the following requirements are satisfied:
a. The business does not sell alcohol, other than beer and wine, for onsite consumption.
b. The business does not sell alcohol, of any kind, for offsite consumption.
c. The business has obtained, and shall maintain in good standing, a Type 41 (On-Sale Beer & Wine –
Eating Place) license issued by the California Department of Alcoholic Beverage Control.
d. The business does not incorporate a separate bar area, defined as a separate area, tables, or a room
intended primarily for serving alcoholic beverages.
e. A full-service menu is available during all hours, and at all locations within the business, where alcohol
is served.
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Section 27. Campbell Municipal Code Section 21.36.110 (Liquor stores) is hereby deleted
in its entirety and noted as Reserved.
Section 28. Campbell Municipal Code Section 21.36.115 (Liquor establishments) is hereby
deleted in its entirety and noted as Reserved.
Section 29. Campbell Municipal Code Section 21.36.140 (Motor vehicle repair facilities) is
hereby amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text.
21.36.140 Motor vehicle repair facilities.
This section provides locational and operational standards for the establishment of motor vehicle repair facilities,
in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards.
A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress,
and safe and unimpeded on-site circulation.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the
surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor vehicle
repair facility, excluding the front yard setback area, those locations approved for ingress and egress, and
areas adjoining a street, other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any
public street or highway, or adjoining properties, by a six-foot high decorative masonry wall or other
opaque material approved by the community development director.
F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a vehicle sales lot).
H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially zoned or
occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and Saturdays, and before ten
a.m. and after seven p.m. on Sundays and nationally recognized holidays.
I. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a residential
development or zoning district.
J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.
K. Vehicle Identification. Motor vehicle repair facilities established on, or after, the effective date of this Section
21.36.140.K., shall be required to identify vehicles awaiting or undergoing repair with a label on the dash of
every vehicle. The size of the label shall be a half letter size (5.5 inches by 8.5 inches) or greater.
L. Vehicle Ledger. Motor vehicle repair facilities established on, or after the effective date of this Section
21.36.140.L., shall be required to keep a ledger of all vehicles under their care, and make the list available to
City staff on request. The list shall be used to confirm if vehicles under the care of the operator are parked in
the street and/or not appropriately identified on the premises.
Section 30. Campbell Municipal Code Section 21.36.243 (Tutoring centers) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text:
21.36.243 Tutoring centers.
This section provides provisions for the operation of locational and operational standards for 'tutoring centers,
large' and 'tutoring centers, small' (hereinafter collectively referred to as 'tutoring centers') where they are allowed in
compliance with Article 2, (Zoning Districts):
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A. Location. Tutoring centers shall satisfy all of the following standards:
1. The tenant space is located in a professional office and/or medical service building (e.g. the space does not
have storefront windows, clear-span interiors, or service areas typically associated with a retail store);
2. The tenant space has not been occupied by a retail store in the past twelve months; and
3. The tenant space is located in an area without high pedestrian/vehicle visibility and access.
A.B. Operation. Tutoring centers established on or after April 19, 2019 (the effective date of City Council Ordinance
No. 2240)the effective date of this ordinance, regardless of zoning district, shall abide by the following
standards:
1. Appointment only. Instruction shall be provided by appointment only and scheduled at least one-day in
advance of the instruction;
2. Outdoor activities. All instructional activity shall occur within the interior of the tenant space; and
3. Noise. Sound generated within the tenant space, regardless of decibel level, shall not create unreasonable
noise which obstructs the free use of neighboring businesses or residences. Further, doors shall be kept
closed at all times instruction is provided.
Section 31. Campbell Municipal Code Section 21.45.030 (Exemptions) is hereby amended
to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text as follows:
21.45.030 Exemptions
This Chapter shall not apply to the following:
1. Special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit);
2. Property located within an overlay combining zoning district subject to a master use permit authorized by
Section 21.14.030.C (Master use permit);
3. Private events not open to the general public occurring entirely within the interior of a commercial
establishment, conducted in compliance with an existing City land use permit;
4. Fundraising and commercial activities conducted by minor children (e.g., cookie sales, lemonade stands, etc.);
5. Non-Commercial speech activity protected by the United States or California constitutions (e.g., the
distribution of political or religious materials, initiative/petition signings, voter registration drives, etc.); and
6. Entertainment performances conducted on publicprivate property (e.g., busking, "First Friday" musical
performances, etc.), provided that such performances do not constitute a public nuisance as defined by Section
6.10.020 (Nuisance conditions).
Section 32. Campbell Municipal Code Section 21.45.040.A. (Allowed uses) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text as follows:
A. Allowed uses. The following temporary uses are permitted by right without the need to obtain a temporary use
permit and without cost, when located on a non- residentially zoned private property, in compliance with Article
2, (Zoning Districts), subject to the specified general standards.
1. Activity occurring on private property in association with a special event permit approved pursuant to Chapter
5.50, (Special Events Permit);
2. Beer and wine festivals/walks occurring within the CB-MU Zoning District, held by a chamber of commerce or
incorporated business association, and subject to issuance of a Daily (Special One-day Event Permit) from the
California Department of Alcoholic Beverage Control;
3. Bingo in compliance with CMC 21.36.035 (Bingo);
4.3. Blood drives;
5.4. Grand opening and ribbon cutting events sponsored by a chamber of commerce;
6.5. Halloween pumpkin sales lots occurring from September 1st to October 31st;
7.6. Holiday tree sales lots occurring from November 1st to December 25th;
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8.7. Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five parking
stalls are utilized for a period of no more than six hours;
9.8. Placement of on-site construction trailers on a property subject to an active building permit;
10.9. Placement of up to two cargo containers on a property subject to an active building permit;
11.10. Sales offices located on a property subject to an active building permit; and
12.11. Social and/or fundraising events conducted on the property of a public assembly use (as defined by
section 21.72.020.p) for a period not exceeding six hours, provided that such events do not occur more than
twelve times per year.
Section 33. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby
amended to add the definition of “Alcohol sales, offsite”, after the definition of “Adult day care
facilities”, with underlining (underlining) indicating new text as follows:
"Alcohol sales, offsite" or “Offsite alcohol sales” means a retail activity that involves the selling of alcoholic
beverages for consumption off the premises. Retail activities that involve offsite alcohol sales shall comply with the
provisions of Section 21.36.142 (Offsite alcohol sales) and may include, but are not limited to, the following land use
types:
1. Breweries;
2. Convenience markets/stores;
3. Distilleries;
4. Grocery stores;
5. Liquor stores; and
6. Wineries.
Section 34. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby
amended to add the definition of “Alcohol sales, onsite”, after the definition of “Alcohol sales,
offsite”, with underlining (underlining) indicating new text as follows:
"Alcohol sales, onsite" or “Onsite alcohol sales” means a retail activity that involves the selling of alcoholic
beverages for consumption on the premises. Retail activities that involve onsite alcohol consumption shall comply
with the provisions of Section 21.36.144 (Onsite alcohol sales) and may include, but are not limited to, the following
land use types:
1. Arcades;
2. Banquet facilities;
3. Bars;
4. Breweries;
5. Community/cultural/recreational center;
6. Distilleries;
7. Golf courses and golf driving ranges;
8. Indoor amusement/entertainment/recreation centers;
9. Hotels;
10. Motels;
11. Nightclubs;
12. Outdoor amusement/entertainment/recreation centers;
13. Public assembly uses;
14. Restaurants, full service;
15. Theaters, movie or performing arts; and
16. Wineries.
Retail activity meeting the definition of "Alcohol sales, ancillary onsite" are excluded from this definition.
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Section 35. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby
amended to add the definition of “A”, after the definition of “Alcohol, offsite sales”, with
underlining (underlining) indicating new text as follows:
"Alcohol sales, ancillary onsite" or “Ancillary onsite alcohol sales” means a retail activity that involves the
selling of alcoholic beverages for consumption on the premises meeting the requirements of one of the facility types
identified by Section 21.36.145.B. (Facility types). Retail activities meeting this definition are excluded from the
definition of “Alcohol sales, onsite.”
Section 36. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby
amended to add the definition of “Amusement device”, after the definition of “Ambulance
service”, with underlining (underlining) indicating new text as follows:
"Amusement device" means a piece of equipment or a mechanism designed for the purpose of
entertaining or creating a game for a person or persons to play. Examples of amusement devices include, but are not
limited to, arcade video games, electro-mechanical games, air hockey tables, photo booths, and pinball machines.
Merchandiser games (i.e., claw machines) and similar devices where an award is given in exchange for money are not
included in this definition.
Section 37. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby
amended to add the definition of “Ancillary onsite alcohol sales”, after the definition of
“Amusement device”, with underlining (underlining) indicating new text as follows:
“Ancillary onsite alcohol sales.” See “Alcohol sales, ancillary onsite.”
Section 38. The definition of “Ancillary retail uses serving industrial uses” in Campbell
Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Ancillary retail uses serving industrial uses" means the retail sales of various products within an industrial
area for the purpose of serving the employees and businesses and/or ancillary retail operations associated with an
industrial use which occupy no more than twenty-five percent of the uses existing floor area.
Section 39. The definition of “Arcades” in Campbell Municipal Code Section 21.72.020.A
(Definitions, “A.”) is hereby amended with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text as follows:
"Arcades" means establishments providing three or more amusement devicesarcade machines within an
indoor amusement and entertainment facility. Two or less amusement devicesarcade machines are not considered
a land use separate from the primary use of the site. This land use does not include arcade games or other activities
located within private entertainment facilities.
Section 40. Campbell Municipal Code Section 21.72.020.B (Definitions, “B.”) is hereby
amended to add the definition of “Bingo”, after the definition of “Beer and wine
festivals/walks”, with underlining (underlining) indicating new text as follows:
"Bingo" means a game of chance in which prizes are awarded on the basis of designated letters, numbers,
or symbols on a card which conform to letters, numbers, or symbols selected at random. Bingo activities are subject
to the requirements of Section 21.36.035 (Bingo.)
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Section 41. The definition of “Blueprinting shop” in Campbell Municipal Code Section
21.72.020.B (Definitions, “B.”) is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
"Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings,
architectural plans, maps, or other images by blueprinting, photocopying, or other methods of duplication. This use
is included in the definition of “Printing and publishing”. Does not include printing and publishing services ("printing
and publishing") or other business support services ("business support services").
Section 42. The definition of “Convenience markets/stores” in Campbell Municipal Code
Section 21.72.020.C (Definitions, “C.”) is hereby amended with underlining (underlining)
indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Convenience markets/stores" means an establishment that includes the retail sale of shelf stable food,
beverages, and small personal convenience items, primarily for off-premises consumption and typically found in
establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens
and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits
and vegetables and fresh-cut meat. A minor portion of the food sold onsite may be perishable (e.g., coffee,
hotdogs, slushies, snacks,) when prepared for immediate consumption (i.e., the sale of raw meat is prohibited).
These stores are included in the definition of “Retail stores, general merchandise” and excluded from the
definition of “Grocery stores”. can be part of a gasoline station or an independent facility.
Section 43. The definition of “Liquor establishments” in Campbell Municipal Code Section
21.72.020.L (Definitions, “L.”) is hereby deleted in its entirety.
Section 44. The definition of “Liquor stores” in Campbell Municipal Code Section
21.72.020.L (Definitions, “L.”) is hereby amended with strikeouts (strikeouts) indicating
deleted text as follows.
"Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages,
including beer and wine, for consumption off the premises. Liquor stores shall comply with the provisions
of Section 21.36.110.
Section 45. The definition of “Grocery stores” in Campbell Municipal Code Section
21.72.020.G (Definitions, “G.”) is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
"Grocery stores" means an establishment which sells perishablestaple food items (e.g., meat, eggs, dairy
products, fruits, vegetablescoffee, sugar, flour, etc.). Grocery stores may also sell and usually meats and other
foods (e.g., fruits, vegetables, dairy products, etc.) and household staples and supplies (e.g., soap, matches, paper
napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery services). Food stores
specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are
not classified as grocery stores. Grocery stores include delicatessens and meat markets, but do not include uses
meeting the definition of “Convenience markets/stores”.
Section 46. The definition of “Outdoor “active” activities” in Campbell Municipal Code
Section 21.72.020.O (Definitions, “O.”) is hereby deleted in its entirety.
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Section 47. The definition of “Printing and publishing” in Campbell Municipal Code Section
21.72.020.P (Definitions, “P.”) is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
"Printing and publishing" means establishments engaged in printing by gravure, letterpress, lithography,
offset, screen, or other common process, including electrostatic (xerographic) copying and other "quick printing"
services; and establishments serving the printing trade including bookbinding, electrotyping, engraving,
photoengraving, silk screening, and typesetting. This use also includes establishments that publish books,
newspapers, and periodicals; and establishments manufacturing business forms and binding devices. Printing and
publishing establishments also include “Blueprinting shops”.
Section 48. The definition of “Restaurants” in Campbell Municipal Code Section
21.72.020.R (Definitions, “R.”) is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
Restaurants.
1. Restaurants, drive-through. (See "drive-through/drive-up service/drive-up window").
2. Restaurants, drive-in. (See "Drive-in/drive-in service").
3. "Restaurants or cafes, quick servicefast food" or “restaurants, fast casual” or “fast casual restaurants”
or “quick service restaurants or cafes” means establishments whose primary business is the sale of food
and beverages to customers for consumption on-site or off-site. This type of restaurant provides onsite
seating and typically includes the following operational characteristics:
• High turnover rates for eat-in customers (typically less than 40 minutes);
• High percentage of carry-out clientele and/or presence of a dedicated food/beverage pickup
area;
• Very limited or no table service;
• Does not accept dining reservations;
• Drink dispensers, condiment bars, and/or trash disposal areas are provided in locations
accessible to customers to accommodate self-service;
• Customers typically order from a menu board or electronic system and pay before receiving
food and beverages; and
• Food and beverages are served with disposal tableware.
Customarily less than fifty percent of the total gross floor area is used for customer seating. Interior
furnishings include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged
rather than made to order. Plates and cutlery are disposable. Condiment bars and trash disposal are
self-service.
4. "Restaurants, full service or cafes" or “Full service restaurants” means establishments whose primary
business is the sale of food and beverages to customers for their consumption within the restaurant or
restaurant patio area. This type of restaurant provides onsite seating and typically includes the following
operational characteristics:
• Low turnover rates for eat-in customers (typically more than 40 minutes);
• Low percentage of carry-out clientele and/or lack of a dedicated food/beverage pickup area;
• Provides table service;
• Accepts dining reservations;
• Drink dispensers, condiment bars, and/or trash disposal areas are not accessible to customers;
• Customers typically order from a menu where they are seated and pay after receiving food and
beverages; and
• Food and beverages are served with non-disposal tableware.
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Customarily at least fifty percent of the total gross floor area is used for the seating of customers. The restaurant
may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carryout food service are
allowed if they are incidental to the primary purpose of consumption of food and beverages in the
restaurant.
5. "Restaurants, standard" means any establishment whose principal business is the sale of foods,
desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal
method of operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods, desserts, or
beverages on tableware by a restaurant employee at the same table or counter at which said
items are consumed.
b. A cafeteria-type operation where foods, desserts, or beverages generally are consumed
within the restaurant building.
Section 49. The definition of “Retail stores, general merchandise” in Campbell Municipal
Code Section 21.72.020.R (Definitions, “R.”) is hereby amended with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise.
These stores and lines of merchandise include:
1. Antiques; Art stores/ galleries;
2. Antiques; Art stores/ galleries;
3. Artists' supplies;
4. Bakeries (retail only);
5. Boat supplies;
6. Beauty supply;
7. Bicycles;
8. Cameras and photographic supplies;
9. Candy stores;
10. Clothing and accessories;
11. Collectibles;
12. Convenience markets/stores;
13. Department stores;
1412. Drug and discount stores;
1513. Fabrics and sewing supplies;
16. Furniture, furnishings, and equipment stores;
17.14. Florists and houseplant stores (indoor sales only—outdoor sales are "garden centers/plant nurseries");
18.15. Gifts, novelties and souvenirs;
16. Delicatessens;
19.17. Handcrafted items (stores may include crafting preparations subordinate to retail sales);
20. Hardware stores;
21.18. Hobby materials;
22.19. Jewelry;
23.20. Luggage and leather goods;
24. Medical stores;
25. Music (recordings) stores
21. Meat market;
26.22. Newsstands;
23. Orthopedic supplies;
27. Pharmacies/drug stores;
28.24. Photography studio/supply shops;
29. Secondhand/thrift stores without onsite acquisition
30.25. Shoes;
31.26. Small wares;
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32.27. Specialty shops;
33.28. Sporting goods and equipment;
34.29. Stationery;
35.30. Toys and games; and
36.31. Variety stores.
Retail stores included in this definition may provide limited indoor seating for customer convenience, provided
that no more than 12 seats are provided when the tenant space is less than 10,000 gross square-feet in area.
Section 50. Campbell Municipal Code Section 21.72.020.M (Definitions, “M.”) is hereby
amended to add the definition of “Medical stores”, after the definition of “Massage therapy”,
with underlining (underlining) indicating new text as follows:
“Medical stores” means a retail store specializing in the sale of medical equipment and devices that also
includes related medical services in an ancillary capacity, such as an eyewear store with an on-site optometrist.
This type of retail store is included in the definition of “Retail stores, general merchandise” and excluded from the
definition of “medical services, clinics”.
Section 51. Campbell Municipal Code Section 21.72.020.O (Definitions, “O.”) is hereby
amended to add the definition of “Offsite alcohol sales”, after the definition of “Offices,
professional”, with underlining (underlining) indicating new text as follows:
“Offsite alcohol sales.” See “Alcohol sales, offsite.”
Section 52. Campbell Municipal Code Section 21.72.020.O (Definitions, “O.”) is hereby
amended to add the definition of “Onsite alcohol sales”, after the definition of “Offsite alcohol
sales”, with underlining (underlining) indicating new text as follows:
“Onsite alcohol sales.” See “Alcohol sales, onsite.”
Section 53. The definition of “Secondhand/thrift stores” in Campbell Municipal Code
Section 21.72.020.S (Definitions, “S.”) is hereby amended with underlining (underlining)
indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Secondhand/thrift stores with onsite acquisition" means indoor retail establishments that acquire and sell
used products onsitebuy and sell used products, including books, clothing, furniture, and household goods. Used
products may be purchased, received in donation, or placed in care of the store for consignment. The sale of cars
and other used vehicles is included under "Motor Vehicle Sales."
Section 54. Campbell Municipal Code Section 21.72.020.S (Definitions, “S.”) is hereby
amended to add the definition of “Secondhand/thrift stores without onsite acquisition”, after
the definition of “Secondhand/thrift stores with onsite acquisition”, with underlining
(underlining) indicating new text as follows:
"Secondhand/thrift stores without onsite acquisition" means indoor retail establishments that sell used
products, including books, clothing, furniture, and household goods onsite. This type of retail store does not
accept products for sale onsite and is included in the definition of “Retail stores, general merchandise” and
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excluded from the definition of “Secondhand/thrift stores, with onsite acquisition”. The sale of cars and other
used vehicles is included under "Motor Vehicle Sales."
Section 55. The definition of “Spa Services/Health Spa” in Campbell Municipal Code
Section 21.72.020.S (Definitions, “S.”) is hereby deleted in its entirety.
Section 56. If any section, sentence, clause, phrase, word, or other provision of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding
shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or
other provisions of this Ordinance, or the validity of this Ordinance, shall stand
notwithstanding the invalidity of any section, sentence, clause, phrase, word or other
provision.
Section 57. The proposed Ordinance is exempt under Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to
the City’s Municipal Code may have a significant effect on the environment.
Section 58. The City Council further finds and determines that the proposed Ordinance is
consistent with the goals, policies, and actions of the 2040 General Plan.
Section 59. That this Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, or summary thereof, one time within fifteen
(15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general
circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
ITEM 4
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 13, 2024
File No(s):
PLN-2024-19
Study Session to discuss land use changes implemented as part of the
2040 General Plan.
RECOMMENDATION
That the Planning Commission receive the report and seek clarification from staff as
necessary.
PURPOSE
This item has been prepared in response to a request by the Planning Commission to
agendize a discussion on changes made as part of the 2040 General Plan update which
resulted in “gaps” in density ranges and changes to the City’s method of calculating gross
lot area.
BACKGROUND
On September 29, 2021, the City Council received a Study Session Report on the
Administrative Draft of the 2040 General Plan. A key discussion point raised during the
meeting was whether the city should consider changing its method of calculating gross
lot area as part of the update process. As an outcome of the meeting, the City Council
directed staff to remove existing public right of way areas from the City’s method of
calculating gross lot area.
Figure 1: Old Gross Lot Area vs. New Gross Lot Area
On April 18, 2023, the City of Campbell adopted the 2040 General Plan, 2023-2031
Housing Element, and associated Land Use Map (reference Attachment A). The Land
Use Map adopted with the 2040 General Plan introduced new land use designations and
adjusted the density “ranges” of existing land use designations to account for changes in
how gross lot area is measured under the new plan.
Planning Commission Meeting of February 13, 2024 Page 2 of 4
PLN-2024-19 | Study Session on 2040 General Plan Land Use Density
On November 28, 2023, the Planning Commission voted to agendize a discussion on
changes to the General Plan resulting in gaps in density ranges and resulting in a change
in the definition of gross lot areas.
DISCUSSION
The following tables serve to provide a comparison between the City’s previous land use
designations with those adopted with the 2040 General Plan.
Residential Land Use Designations
Previous Land Use Designations
(Before)
2040 General Plan Land Use Designation
(After)
Low Density Residential
(<3.5 Units / Gr. Acre)
Low Density Residential
(<4.5 Units / Gr. Acre)
Low Density Residential
(<4.5 Units / Gr. Acre)
Low Density Residential
(<5.5 Units / Gr. Acre)
Low Density Residential
(<6 Units / Gr. Acre)
Low Density Residential
(<7.5 Units / Gr. Acre)
Low-Medium Density Residential
(6-13 Units / Gr. Acre)
Low-Medium Density Residential
(8-16 Units / Gr. Acre)
Mobile Home Park
(6-13 Units / Gr. Acre)
Mobile Home Park
(8-16 Units / Gr. Acre)
Medium Density Residential
(14-20 Units / Gr. Acre)
Medium Density Residential
(18-25 Units / Gr. Acre)*
High Density Residential
(21-27 Units / Gr. Acre)
Medium-High Density Residential
(26-33 Units / Gr. Acre)
High Density Residential (Up to 45 Units / Gr. Acre)
Commercial/Office Designations
Prior General Plan Land Use Designation
(Before)
2040 General Plan Land Use Designation
(After)
Neighborhood Commercial Neighborhood Commercial
General Commercial General Commercial
Professional Office Professional Office
Central Commercial (Now under Mixed-Use)
Mixed-Use Designations
Prior General Plan Land Use Designation
(Before)
2040 General Plan Land Use Designation
(After)
Commercial/Light Industrial General Commercial/Light Industrial
Office/Low-Medium Density Residential
(6-13 Units / Gr. Acre)
Professional Office Mixed-Use
(8-16 Units/Gr. Acre)
Commercial/Med.-High Density Residential
(14-27 / Gr. Acre) (Redesignated)
(No Prior) Neighborhood Commercial Mixed-Use
(18-25 Units/Gr. Acre)*
Commercial/Prof. Office/Residential
(Up to 27 Units / Gr. Acre)
Medium-High Density Mixed-Use
(26-33 Units/Gr. Acre)
Central Commercial Central Business Mixed-Use
(26-33 Units/Gr. Acre)
(No Prior) General Commercial Mixed-Use
Planning Commission Meeting of February 13, 2024 Page 3 of 4
PLN-2024-19 | Study Session on 2040 General Plan Land Use Density
(26-33 Units/Gr. Acre)
(No Prior) High Density Mixed-Use
(34-45 Units/Gr. Acre)
(No Prior) Commercial Corridor Mixed-Use
(45-60 Units/Gr. Acre)
(No Prior) Transit-Oriented Mixed-Use
(57-75 Units/Gr. Acre)
Public / Recreational Designations
Prior General Plan Land Use Designation
(Before)
2040 General Plan Land Use Designation
(After)
Institutional Public Facilities
Open Space Open Space
As illustrated by the tables above, several residential density ranges were “adjusted” to
account for differences in how gross lot area was measured under the prior General Plan
(i.e., property plus half of any adjacent public right-of-way) and the new 2040 General
Plan (i.e., property without counting any public right-of-way).
As an example, the City’s density range of 14-20 units per gross acre, under the prior
General Plan, was adjusted to 18-25 units per gross acre, under the 2040 General Plan,
to account for this difference in measurement. Similar adjustments were made to all
residential densities by multiplying the existing density range by a factor that accounted
for the average difference in how gross lot area was measured Citywide (rather than
parcel-by-parcel), with the resultant value then being rounded “up” to the next half, or
whole number, to best approximate the prior land use density.
While these changes resulted in an increase in the “values” represented in the table, the
actual number of units capable of being built on a property remain relatively unchanged
(except in circumstances where a new land use designation was assigned as part of the
Housing Element update).
“Gaps” in Density Ranges: When comparing the density ranges established by the 2040
General Plan, one member of the Planning Commission questioned why there are “gaps”
in the density ranges between progressive land use designations. While these “gaps”
existed in the prior General Plan and were simply carried forward as part of the update,
the gap appears greater due to the change in how gross lot area is measured. The
following table shows an example of a “gap” between two progressive land use ranges
under the prior General Plan and under the 2040 General Plan:
“Gap” Between Residential Use Designations
Prior
Land Use Designation
Low-Medium Density
Residential
(6-13 Units / Gr. Acre)
Medium Density
Residential
(14-20 Units / Gr. Acre)
“Density Gap”
13.01 to 13.99
Units/Gr. Acre
(.9 or <1)
2040 General Plan
Land Use Designation
Low-Medium Density
Residential
(8-16 Units / Gr. Acre)
Medium Density
Residential
(18-25 Units / Gr. Acre)
“Density Gap”
16.01 to 17.99
Units/Gr. Acre
(1.9 or <2)
Planning Commission Meeting of February 13, 2024 Page 4 of 4
PLN-2024-19 | Study Session on 2040 General Plan Land Use Density
As the “gap” between density ranges is proportionally the same as it had been prior to the
adoption of the 2040 General Plan (a difference of “<1” under old methodology compared
to a difference of “<2” under new methodology), the impact of having a gap would be
materially the same as well. As the gaps between land use designations were not
identified as an issue under the prior General Plan, they were not raised for discussion
as part of the 2040 General Plan update process.
Impact of Having “Gaps” in Density Ranges: As projects must comply with General Plan
densities, projects which conform to the General Plan may not be developed at densities
which fall between established density ranges. In many cities, these gaps serve to align
development of property with intended outcomes (projects under 16 units per acre are
easily developed as townhomes, whereas projects required to build at 18 units per acre
or greater will find it challenging without introducing more than one product type). In some
cities the gap may be even more pronounced where there is a desire to have a greater
distinction between neighborhoods.
While providing gaps between density ranges can help control development outcomes,
as there are several state laws that permit changes to density (e.g., State Density Bonus
Law, SB 6, AB 2011, SB 684) these “gaps” can be easily overcome. As such, the impact
of the city having a “gap” in allowable density ranges will vary from project to project
depending on their desired unit count, property size, and exercise of state law. In the most
extreme case, however, as the difference in the City’s established density ranges is less
than two units per gross acre, the “real world impact” of a project seeking to comply with
established densities, results in the difference of less than two units per developed acre
of land – resulting in a very minor difference to projects that may be affected by a gap.
CONCLUSION
While there are “gaps” in density ranges established by the 2040 General Plan, their real-
world impact is minor and easily overcome by various state laws. Further, as the “gaps”
existed in the prior General Plan and are unlikely to present an issue for most projects, it
is not advisable to propose changes to close “gaps” outside of a comprehensive update
to the General Plan and associated planning codes and standards.
Prepared by: _________________________________
Stephen Rose, Senior Planner
Approved by: _________________________________
Rob Eastwood, AICP, Community Development Director
ATTACHMENTS
A. 2040 General Plan Land Use Map