2024-01-23 PC Agenda Packet_Amended
Planning Commission
REGULAR MEETING AGENDA
Tuesday, January 23, 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 9, 2024 (Roll Call Vote)
➢ Meeting Minutes, 1/9/2024 (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 January 23, 2024 Pg. 2
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
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), approving a
Conditional Use Permit.
3. PLN-2021-215 – 946 S McGlincy Ln.
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.
4. PLN-2023-175 – Permissibility of Land Uses and Regulation of Businesses
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 found 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.
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 Zoning 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.
Planning Commission Agenda for January 23, 2024 Pg. 3
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.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ADJOURNMENT
Adjourn to the Planning Commission meeting of February 13, 2023, at 7:30 PM, in the City Hall
Council Chambers, 70 North First Street, Campbell, California and via telecommunication.
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 9, 2024 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of January 9, 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
Tracy Tam, Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of December 12, 2023 (Roll Call Vote)
➢ Meeting Minutes, 12/12/2023 (Regular Meeting)
➢ Commissioners present at 12/12/23 Planning Commission meeting approved
meeting minutes.
o Commissioner Majewski abstained.
COMMUNICATIONS
Director Rob Eastwood:
• Advised that staff recommends Agenda Item 3, 946 S. McGlincy Lane, be continued to the
next regular Planning Commission meeting of January 23, 2024.
Planning Commissioners Present:
Alan Zisser, Chair
Matt Kamkar, Vice Chair
Michael Krey
Cori Majewski
Planning Commissioners Absent
Adam Buchbinder
Davis Fields
Maggie Ostrowski
Campbell Planning Commission Meeting Minutes – January 9, 2024 Page 2 of 5
• Recognized Senior Civil Engineer for Public Works, Roger Storz, as a resource present at
the meeting.
• Stated that Campbell’s first Housing Manager, Eloiza Murillo-Garcia, would begin work for
the City on January 14, 2024.
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
Public comments were received from Angela Adams.
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.
Chair Zisser asked for any disclosures from members of the Commission.
Commissioner Krey disclosed he had visited the site but spoke with no one.
Chair Zisser read Agenda Item No. 2 into the record as follows:
2. PLN-2023-136 – 189 Sunnyside Avenue
Public Hearing to consider the request of Mike Amini behalf of Don Barnetson to allow a
subdivision for one lot to two lots and construction of an approximately 2,032 square foot
new two-story single-family residence on the newly created lot on property located at 189
Sunnyside Avenue. The application under consideration is a Planned Development Permit
and Tentative Map submitted under an SB-330 preliminary application filed in compliance
with Government Code § 65941.1. File No.: PLN-2023-136. Staff is recommending that this
item be deemed Categorically Exempt under CEQA. Tentative City Council Date: February
20, 2024. Project Planner: Tracy Tam, Associate Planner.
Campbell Planning Commission Meeting Minutes – January 9, 2024 Page 3 of 5
Recommended Action: Adopt a Resolution (reference Attachment A), recommending
approval of a Planned Development Permit and Tentative Map.
Chair Zisser opened the Public Hearing for Agenda Item No. 2.
Ms. Tracy Tam, Associate Planner, provided the staff report.
Chair Zisser asked for Commission questions for staff.
Chair Zisser and Commissioners Krey, Kamkar, and Majewski had questions related to the
location of the easement and the driveway, the accessory dwelling unit, and the location of the
utilities, and Planner Tam responded.
Commissioner Kamkar had questions and Director Eastwood elaborated regarding challenges
with the use of PDs in Campbell being in conflict with the State housing standards that call for
very clear objective standards.
Chair Zisser opened Public Comment.
Don Barnetson, Property Owner, made a presentation.
Chair Zisser asked for Commission questions for the property owner.
Chair Zisser and Commissioner Kamkar had questions and Mr. Barnetson 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 Majewski did not make comments.
Commissioner Krey spoke of the PD process in Campbell and said the project was fine and
Campbell would benefit from it.
Commissioner Kamkar said this would be a great project and spoke about PDs and the State’s
objective plans.
Chair Zisser said Sunnyside Avenue is a great location three blocks from downtown, and this
would be a great project in a nice neighborhood.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar, the
Planning Commission motioned to adopt a Resolution recommending City
Council approval of a Planned Development Permit and Tentative Map to allow a
Campbell Planning Commission Meeting Minutes – January 9, 2024 Page 4 of 5
subdivision for one lot to two lots and construction of an approximately 2,032
square foot new two-story single-family residence on the newly created lot on
property located at 189 Sunnyside Avenue. File No.: PLN-2023-136, by the
following roll call:
AYES: Majewski, Krey, Kamkar, Zisser
NOES: None
ABSENT: Buchbinder, Fields, Ostrowski,
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 2.
Chair Zisser read Agenda Item No. 3 into the record as follows:
3. PLN-2021-215 – 946 S. McGlincy Lane
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 Architecture 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: Make a motion to continue consideration of this item to the
regular Planning Commission meeting of January 23, 2024.
Chair Zisser opened the Public Hearing for Agenda Item No. 3.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Majewski, the
Planning Commission motioned to continue consideration of this item to the
date certain of the next regular Planning Commission meeting of January 23,
2024 for property located at 946 S. McGlincy Lane. File No.: PLN-2021-215, by the
following roll call:
AYES: Majewski, Krey, Kamkar, Zisser
NOES: None
ABSENT: Buchbinder, Fields, Ostrowski,
ABSTAIN: None
Chair Zisser closed the Public Hearing for Agenda Item No. 3.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Eastwood reported that:
Campbell Planning Commission Meeting Minutes – January 9, 2024 Page 5 of 5
• Campbell has hired its first Housing Manager, Eloiza Murillo-Garcia.
• Next position to be filled will be for a Plans Examiner to process permits.
• Campbell has received a grant from Destination: Home, a local nonprofit that
supports housing and unhoused programs, to fund three years of an Unhoused
Coordinator position. The City will begin recruiting for that position soon.
• The Planning Commission’s next meeting of January 23, 2024 will contain returning
legislative items: 1) Affordable Housing Overlay Zone, and 2) by right zoning.
• The City Council was favorable to the recommendations from the Planning
Commission Subcommittee on Economic Development. Staff has prepared
ordinance language to codify those recommendations, which should return to the
Planning Commission next meeting or the meeting after.
ADJOURNMENT
Adjourned meeting at 8:23 p.m. to the next Regular Planning Commission Meeting on Tuesday,
January 23, 2024, in the City Hall Council Chambers, 70 North First Street, Campbell, California
and via telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Adam Buchbinder, Chair
ATTEST: ________________________________
Rob Eastwood, Secretary
ITEM NO. 2
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ January 23, 2024
PLN-2023-174
Latin Asian Fusion
Kitchen
Public Hearing to consider the request of Roddy Diaz of Latin Asian
Fusion Kitchen for 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 private events on property located at 1402 Camden Avenue.
File No.: PLN-2023-174.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1.Adopt a Resolution (reference Attachment A), approving 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).
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission accept the determination that this project is
Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act
(CEQA), pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of an existing private structure.
PROJECT DATA
Zoning Designation: NC (Neighborhood Commercial)
General Plan Designation: Neighborhood Commercial
Net Lot Area: 16,117 square-feet
Building Square Footage: 5,000 square-feet
Tenant Square Footage: 1,310 square-feet
Parking (Provided): 25 spaces
Parking (Required): No change1
Operational Hours2:
•5:00 AM through 7:00 PM Sunday through Saturday;
1 No changes to the floorplan or seating capacity are proposed.
2 The staff recommended Conditions of Approval would require a 11:00 PM closing, consistent with the definition
for "late night activities".
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 2 of 6
PLN-2023-174 ~ 1402 Camden Avenue
PROJECT SITE
The project site is an approximately 16,117 square-foot parcel located on the southeast corner of
the intersection of Camden Avenue and Erin Way within the NC (Neighborhood Commercial)
Zoning District, as shown on the aerial map below. The site was originally developed when the
property was under the jurisdiction of Santa Clara County. The property is developed with one
5,000 sq. ft. single-story commercial building with four (4) combined tenant spaces that include a
day spa, donut shop, and barbershop. The Project Site is surrounded by commercial uses to the
east, west, and south and a private school to the north. The greater vicinity is comprised of
residential uses on both sides of Camden Avenue. The nearest residential use is located 200 feet
to the northwest of the site.
Figure 1: Aerial Map
PROJECT DESCRIPTION
Applicant’s Proposal: The submitted application for a Conditional Use Permit would allow an
existing restaurant to operate with hours starting at 5:00 AM and to serve beer and wine. The
Conditional Use Permit would not result in exterior or interior alterations, or changes to the type
or intensity of the restaurant operation. The existing floor plan includes an entrance space, seating,
kitchen, and restroom; two areas are marked for future beer and wine service area (i.e., the
restaurant's dining area). The floor plan will remain unchanged (reference Attachment B –
Project Plans).
The restaurant provides sit-in and take-out services, including corporate lunches, from 5:00 AM to
5:00 PM Monday through Friday and occasionally 5:00 AM to 3:00 PM Saturday (reference
Attachment C – Project Description). Breakfast service begins at 5:00 AM. The applicant has
ceased operating beginning at 5:00 AM pending approval of the subject Conditional Use Permit.
The applicant is requesting a Conditional Use Permit to formalize these “late night” operating hours
and to serve beer and wine during in association with food service, community cooking classes,
and private weekend events. Community cooking classes and private weekend events will be
secondary to the primary restaurant use. The restaurant is staffed by 2 chefs, 2 prep cooks, and 4
servers. Culinary staff and management arrive at the site at 5:00 AM and some staff remain on site
until 7:00 PM for cleaning.
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 3 of 6
PLN-2023-174 ~ 1402 Camden Avenue
ANALYSIS
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 approval and to impose conditions of approval as necessary to
establish the findings. The applicable findings depend upon the type of land use approval under
review. This application requires establishment of findings for a Conditional Use Permit and for a
liquor establishment. The following analysis identifies each of the applicable findings in italics
and how the proposed project satisfies them.
Conditional Use Permit Findings: Pursuant to Campbell Municipal Code (CMC) Sec. 21.46.040
(Findings and decision), prior to making the findings for a Conditional Use Permit, the Planning
Commission must first affirmatively establish all six (6) of the findings described in italics below.
An explanation of how the project meets each finding is provided.
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. CMC Sec. 21.10.040 defines uses allowed “by-right” in the NC Zoning District with
a Zoning Clearance, which include restaurants other than fast-food restaurants. The City
issued a Zoning Clearance and business license in September of 2022 for the Latin Asian
Fusion Kitchen to begin operations3. CMC Sec. 21.72.020 defines “late night activities” as
land use activities operating between the hours of 11:00 PM and 6:00 AM. Pursuant to
CMC Sec. 21.10.040, late night activities require a Conditional Use Permit in the NC
Zoning District.. The proposed beer and wine service constitute a "liquor establishment"
and is also subject to a Conditional Use Permit in the NC Zoning District, as discussed
further below.4
B. The proposed use is consistent with the General Plan;
Yes. The General Plan Land Use designation of Neighborhood Commercial allows for
shopping, service, office, and entertainment uses. The proposed use is consistent with the
General Plan Land Use designation because it proposes to provide a service utilized by a
mix of clientele arriving from various locations in and outside the City. The applicant’s
proposal may also be found to further the following General Plan policies:
• LU-1.1: Provide for a broad range of land uses within the city that are conveniently located in
proximity to transit opportunities, and provide for commercial, public, and quasi-public uses
that support and enhance the livability of residential neighborhoods and districts.
• LU-1.10: Maintain a variety of attractive and convenient commercial and office uses that
provide needed goods, services, and entertainment for residents and visitors.
• ED-2.5: Encourage retention and expansion of local businesses as appropriate to provide a
range of jobs and services to residents, to retain revenue in the city, and respond to community
needs for key amenities and services.
• ED-2.8: Promote local purchase of goods and services by residents, workers, businesses and
city government in order to retain spending within the local economy and generate revenue for
the city.
3 This business license subsequently expired. The applicant will be required to apply for a renewal as a Condition of
Approval.
4 The proposed use will also require issuance of a liquor license from the Department of Alcoholic Beverage Control
(ABC) as a Condition of Approval.
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 4 of 6
PLN-2023-174 ~ 1402 Camden Avenue
• N-1.1: Consider the noise compatibility of existing and future development when making land
use planning decisions with an emphasis on protecting neighborhoods and people from
excessive noise levels, while still accommodating new development and uses.
• N-1.7: Continue to recognize that "late night activities" (land use activities operating from 11:00
p.m. to 6:00 a.m., not including the lawful, reasonable, and customary use of residential uses or
professional offices that does not interfere with the reasonable use and enjoyment of other
properties) may present a potential noise impact, and should be carefully reviewed to ensure
compatibility with adjacent residences.
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. The proposed change in hours of operation and inclusion of beer and wine service
will not result in any physical alterations to the site, and therefore do not affect setback,
density, parking, or floor area ratio standards. The project site is an existing property that
already is adequate to accommodate existing fences, walls, landscaping, parking and
loading facilities, and yards necessary to accommodate the existing use. No new
development is proposed, and the project does not require new fencing, walls, landscaping,
parking and loading facilities, or yards.
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. The proposed change to operating hours of the existing restaurant and inclusion of
beer and wine service is not anticipated to result in an appreciable increase in the amount
of traffic generated by the business. The site is also served by multiple transit stops.
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 existing restaurant is compatible with surrounding uses, which are comprised of
a mix of general commercial and residential including restaurants, personal services,
professional offices, and single-family homes. The proposed change in operating hours and
inclusion of beer and wine service will not change the nature or intensity of the existing
use and is not anticipated to result in substantially increased vehicle or foot traffic. The
nearest residential use is located 200 feet to the northwest of the project site and is separated
from the use by a road barrier and a soundwall on the north side of the project site. As
discussed above, breakfast service will begin at 5:00 AM. Breakfast will be served indoors
and will not result in outdoor noise or create indoor noise that will reach nearby residences.
The applicant is not proposing any other significant noise generating uses that can cause a
disturbance to nearby residences. As discussed further below, the project will be subject to
operational standards that will minimize nuisance impacts to nearby residences.
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 existing restaurant does not have a documented history of neighborhood
incompatibility or nuisance issues, and the proposed operating hours are not anticipated to
result in future nuisance. As the nature and intensity of use will not materially change, staff
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 5 of 6
PLN-2023-174 ~ 1402 Camden Avenue
does not anticipate that significant noise or light generation to affect residences located in
the general vicinity of the site. However, in order to minimize noise and light disturbances
to residences and neighboring uses, staff is recommending Conditions of Approval limiting
operating hours, outdoor activities, noise generating activities, and use of artificial light
consistent with CMC 21.16.060 (Conditional Use Permit outdoor light and glare), CMC
21.16.070 (Conditional Use Permit noise), and CMC 21.18.090 (Lighting design
standards) requirements. These Conditions are summarized below:
• 3.c and 3.d limit indoor occupancy to 34 seated persons and limits hours of
operation to begin at the requested time of 5:00 AM and end at 11:00 PM.
• 3.f and 3.g require employee raining related to alcohol service and
promotion of a designated driver program.
• 3.h, 3.i. and 3.j prohibit the use of a separate bar area and rearrangement of
furniture to allow large open spaces and require use of a maximum
occupancy sign.
• 3.k and 3.l require food service to be provided at all times and alcohol
service to be provided only in conjunction with food service.
• 3.m prohibits live entertainment
• 3.n requires that trash is stored within enclosures and noise generating
cleaning activities occur after 6:00 AM.
• 3.o and 3.p prohibit smoking and loitering on the site.
• 3.q limits noise, specifically from open doors, deliveries, and outdoor
speakers.
• 3.r, 3.s, and 3.u limit outdoor storage, outdoor display, and obstructions to
the building façade and entrance.
• 3.t required shielded outdoor lighting and Community Development
Director approval of new lighting design.
• 3.v requires Community Development Director approval for outdoor dining
up to twelve (12) seats.
• 4 requires maintenance of the exterior of the property free from graffiti,
trash, rubbish, posters and stickers.
Liquor Establishment Findings: Pursuant to CMC Sec. 21.46.070 (Special findings for liquor
establishments), prior to making the findings for a Conditional Use Permit, the Planning
Commission must first affirmatively establish all five (5) of the findings described in italics below.
An explanation of how the project meets each finding is provided.
A. Over concentration of uses. The establishment will not result in an over concentration of
these uses in the surrounding area;
The following is a summary of the City of Campbell’s process for determining
overconcentration of liquor establishments. California Department of Alcohol and
Beverage Control (ABC) liquor license permitting requirements and overconcentration
standards are discussed after. This text was previously provided to the Planning
Commission, however, for the benefit of new Commissioners, it has been restated in this
report.
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 6 of 6
PLN-2023-174 ~ 1402 Camden Avenue
City of Campbell’s Process
The City considers the appropriateness of the number of liquor licenses within a given
geographically defined area, recognizing that commercial areas of the City, such as
Downtown Campbell or major shopping centers, can accommodate a greater number of
alcohol-serving establishments than residential neighborhoods. Although the City's
"overconcentration" criteria may sound similar to the ABC's "undue concentration"
standard discussed below, the two concepts are different. The City has never considered
population in its overconcentration determinations nor relied on census tract boundaries
since they vary widely in area and population size,5 span commercial districts, residential
neighborhoods, and city boundaries, and change every 10 years with the Decennial Census
update.
While the Zoning Code does not define "surrounding area," this term has in practice
applied as to mean a specific geographic area, such as Downtown Campbell or a specific
segment of the Downtown (e.g., East Campbell Avenue, east of First Street), or a specified
distance around the site (e.g., 1,000 feet). More recently, the Planning Commission has
also determined that the boundaries of a master plan or a shopping center (i.e., The
Pruneyard) may constitute a geographic area for purposes of this analysis.
Additionally, in contrast to the ABC, the City has considered the type of license being
issued; whether beer and wine or general alcohol (spirits) in association with a restaurant
or as a stand-alone bar. These distinctions are embodied in the City's Downtown Alcohol
Beverage Policy which establishes different criteria for restaurants with alcohol (with and
without a separate bars), wine bars and wine-tasting rooms, and stand-alone bars.
Moreover, the City also considers whether the request for alcohol-service is in conjunction
with a business that seeks "late-night" hours (defined as activity after 11:00 PM or prior to
6:00 AM), has a separate bar area, and/or includes live entertainment. These elements can
increase the likelihood of nuisance activity related to alcohol service that can disturb the
peace and enjoyment of nearby residential neighborhoods and which can increase the
demand on City law and code enforcement services. In 2016, the City Council, upon
appeal, denied a Conditional Use Permit request for a beer and wine license for a proposed
restaurant because the requested karaoke activity, in conjunction with the beer and wine
service, could result in undue disruption to the neighborhood.
Lastly, whereas the ABC may issue a liquor license even when an "undue concentration"
exists upon a “public convenience or necessity" (PCN) determination, the City's Zoning
Code requires the Planning Commission to determine that an "overconcentration" does not
exist. The Planning Commission may not find that an overconcentration exists and still
approve a Conditional Use Permit for an alcohol-serving establishment.
ABC Requirements:
The sale of alcohol in California is regulated by the Alcoholic Beverage Control Act, as
enforced by the ABC. Although the ABC is the sole agency empowered to issue and govern
the exercise of liquor licenses, it is required to issue licenses only in accordance with local
5 Glossary - U.S. Census Bureau
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 7 of 6
PLN-2023-174 ~ 1402 Camden Avenue
zoning codes. Where a city has a Conditional Use Permit requirement for the sale or service
of alcoholic beverages, the ABC will not issue a license without proof that a Conditional
Use Permit has been granted. However, the City's approval of a Conditional Use Permit
only allows issuance of a liquor license by the ABC, it does not compel it. The ABC must
still perform its own evaluation of the request and conduct its required public notification.
Among other factors, the ABC is generally required to deny an application for a liquor
license if its issuance would result in or add to an "undue concentration" of licenses in a
particular area, unless a finding of "public convenience or necessity" (PCN) can be made
as discussed further below. In geographic terms, "undue concentration" is defined as
follows6:
The premises of the proposed license is located in a census tract where the ratio of existing
retail on-sale/retail off-sale licenses to population in the census tract exceeds the ratio of
retail on-sale/retail off-sale licenses to population in the County of the proposed premise.7
In Santa Clara County, there is one on-sale liquor license for every 720 residents, which
establishes the number of licenses per census tract (tract population/720 = number of
allowed licenses). Multiple tracts have an "undue concentration" based on their relative
populations. This includes tract 5027.01, where the project site is located, which is
allocated six on-sale licenses8 but currently has 18 licensed establishments, almost of which
are located in the City of San Jose.
Since ABC's standard ties the number of liquor licenses to resident population rather than
to geographic area, residential neighborhoods can be afforded more liquor licenses than
business districts because they are often primarily comprised of retail and office uses with
fewer residents, reducing the population of the tract and the number of allowed licenses.
For example, the San Tomas Area is permitted 18 on-sale liquor licenses (tracts
5067.01/02/03) whereas tract 5065.02, which includes Downtown Campbell—stretching
from Hamilton Avenue to the southerly border and from Winchester Boulevard to
Highway 17—is afforded only six licenses.
In census tracts that have an "undue concentration", the ABC will not issue a liquor license
unless the "public convenience or necessity" (PCN) would be served. The ABC may make
its own PCN determination or rely on a city's determination. Many cities, although not
Campbell, have codified zoning provisions that recognize ABC's undue concentration
criteria and establish a formalized process for a decision-making body to make an official
PCN determination. In cities with areas of high concentrations of alcohol-serving
establishments a PCN determination is required for every new liquor license request.
Lastly, although the ABC issues various types of licenses (i.e., beer & wine, beer only, full
liquor, etc.), its undue concentration requirements do not recognize these distinctions. All
on-sale license types are treated the same with respect to the established numeric
maximum for each census tract.
6 A secondary definition pertains to the relative amount of crime in the area compared to the City overall's crime
rate.
7 "On-Sale" means the service of alcoholic beverages for on-site consumption within a restaurant or bar. "Off-sale"
means the sale of alcoholic beverages for off-site consumption, as sold by a liquor store, grocery store, etc.
8
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 8 of 6
PLN-2023-174 ~ 1402 Camden Avenue
Finding Compliance
Yes. The application will not result in over concentration of alcohol-serving establishments
in the surrounding area. As noted above the Zoning Code does not define "surrounding
area." Absent more specific guidance, the Planning Commission must rely on its own
judgment in determining whether an overconcentration exists, and how to identify the
"surrounding area". Given the isolated nature of Camden Avenue from other commercial
areas of City and its lack of major shopping centers, staff would recommend considering
the Camden Avenue commercial corridor, inclusive of the commercial properties up to S.
McGlincy Lane, as a "surrounding area" as depicted below:
This area spans census tracts 5027.01 and 5026.04. Within this area, there is one other
active on-sale liquor license (restaurant use), which is less than the six licenses allowed in
the census tract. As shown in the table below, the density of alcohol-serving establishments
(in geographic terms) would remain significantly less than other defined areas of the City.
With approval of the applicant's request, the Camden Avenue commercial corridor would
have approximately one license per 7.5 acres. In comparison, Downtown Campbell has
approximately one license per one acre. This is similar to The Pruneyard, where the City
Council explicitly found that there was not an overconcentration when it approved its
Master Use Permit in 2016. Therefore, given the significantly fewer number of liquor
licenses per acre within the Camden Avenue commercial corridor as compared with other
Staff Report ~ Planning Commission Meeting of January 23, 2024 Page 10 of 6
PLN-2023-174 ~ 1402 Camden Avenue
Public Comment: The project was noticed to all property owners within 300 feet of the subject
property and publicized in the newspaper (Metro). No public comment was received on this
application.
SARC Review: This application was not reviewed by the Site and Architectural Review
Committee (SARC) as no exterior building changes are proposed as part of this application.
Attachments:
A. Draft Resolution
B. Project Plans
C. Project Description
Prepared by:
Nishant Seoni, Contract Associate Planner
Reviewed by:
Daniel Fama, Senior Planner
Approved by:
Rob Eastwood, Community Development Director
RESOLUTION NO.
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2023-174) 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), WITH ANCILLARY COMMUNITY
COOKING CLASSES AND PRIVATE EVENTS ON PROPERTY
LOCATED AT 1402 CAMDEN AVENUE.
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-2023-174:
1. The Project Site is zoned NC (Neighborhood Commercial) and designated
Neighborhood Commercial by the General Plan.
2. The Project Site is an approximately 16,117 square-foot parcel located on the
southeast corner of Camden Avenue and Erin Way. The subject use occupies a 1,310
square-foot unit on the parcel.
3. The Project Site is currently developed with one single-story commercial building with
four (4) combined tenant spaces that include a day spa, donut shop, a barbershop, and
the subject restaurant.
4. The applicant is requesting 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 private
events.
5. The existing use of the Project Site as a restaurant is allowed by-right within the NC
Zoning District. The proposed use of the Project Site during “late night hours” and
inclusion of beer and wine service, as described in the Project Description included in
the January 23, 2024 Staff Report as Exhibit C, is allowed in the NC Zoning District
through the approval of a Conditional Use Permit.
6. The business would operate between 5:00 AM through 11:00 PM Sunday through
Saturday.
7. The overconcentration of alcohol-serving establishments within a geographically
defined area can create a cumulative impact that overwhelms the area creating an
undesirable result such as drunk in public, vandalism, and disorderly conduct.
8. For purposes of its overconcentration analysis, to determine whether or not an
"overconcentration" of liquor establishments exists, the Planning Commission
Attachment A
Planning Commission Resolution No. Page 2 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
recognizes the Camden Avenue, inclusive of the commercial properties up to S.
McGlincy Lane, as constituting the "surrounding area".
9. Approval of the Proposed Project would result in two alcohol-serving establishments
within the "surrounding area", or approximately one per 7 1/2 acres. In comparison,
the Campbell Plaza and Pruneyard Shopping Centers have one alcohol-serving
establishment per three and one acres, respectively.
10. The site is served by 25 parking spaces on-site. The proposed “late night hours” and
inclusion of beer and wine service does not affect the parking obligation of the property.
11. Allowing an existing restaurant to operate during “late night hours” and serve beer and
wine will satisfy the purpose/intent of the Neighborhood Commercial General Plan land
use designation which, as noted, is intended support a variety of uses, and retain
businesses within Campbell. The applicant’s proposal may also be found to further the
following General Plan policies and strategies:
• LU-1.1: Provide for a broad range of land uses within the city that are conveniently located in
proximity to transit opportunities, and provide for commercial, public, and quasi-public uses that
support and enhance the livability of residential neighborhoods and districts.
• LU-1.10: Maintain a variety of attractive and convenient commercial and office uses that provide
needed goods, services, and entertainment for residents and visitors.
• ED-2.5: Encourage retention and expansion of local businesses as appropriate to provide a
range of jobs and services to residents, to retain revenue in the city, and respond to community
needs for key amenities and services.
• ED-2.8: Promote local purchase of goods and services by residents, workers, businesses and
city government in order to retain spending within the local economy and generate revenue for
the city.
• N-1.1: Consider the noise compatibility of existing and future development when making land
use planning decisions with an emphasis on protecting neighborhoods and people from
excessive noise levels, while still accommodating new development and uses.
• N-1.2: Require development projects and changes to existing uses to be consistent with the
standards indicated in Table N-1 to ensure acceptable noise levels for existing and future
development.
• N-1.7: Continue to recognize that "late night activities" (land use activities operating from 11:00
p.m. to 6:00 a.m., not including the lawful, reasonable, and customary use of residential uses or
professional offices that does not interfere with the reasonable use and enjoyment of other
properties) may present a potential noise impact, and should be carefully reviewed to ensure
compatibility with adjacent residences.
12. In review of the proposed project, the Planning Commission also weighed the public
need for, and the benefit to be derived from, the project, against any impacts it may
cause.
13. 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.
Planning Commission Resolution No. Page 3 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
14. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
1. 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;
2. The proposed use is consistent with the General Plan;
3. 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;
4. 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;
5. 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;
6. 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;
Liquor Establishment Findings (CMC Sec. 21.46.070):
7. The establishment will not result in an over concentration of these uses in the
surrounding area;
8. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
9. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
10. The establishment will not significantly increase the demand on city services;
Environmental Finding(s) (CMC Sec. 21.38.050):
Planning Commission Resolution No. Page 4 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
11. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure; and
12. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN-2023-174) 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, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 23th day of January, 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
Conditional Use Permit
(PLN-2023-174)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2023-174) 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), with ancillary
community cooking classes and private events on property located at 1402 Camden
Avenue. The project shall substantially conform to the Project Plans and Project
Description included as Attachments B and C in the January 23, 2024 Planning
Commission Staff Report, except as may be modified by the Conditions of Approval
contained herein.
2. Permit Expiration: Approval of the Conditional Use Permit ("Approval") shall be valid for
one (1) year from the effective date of the Planning Commission action. Within this
one-year period, a Business License/Zoning Clearance must be issued or renewed and
a liquor license from the Department of Alcoholic Beverage Control (ABC) must be
secured. Failure to meet this deadline 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. 3 (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. Operational Standards: Consistent with the submitted Project Description and City
standards, the restaurant use pursuant to this Approval shall conform to the following
operational standards. Significant deviations from these standards (as determined by
the Community Development Director) shall require approval of a Modification to the
Conditional Use Permit.
a. Approved Use: The approved use is a "restaurant, standard" as defined by the
Campbell Municipal Code, operating with hours beginning at 5:00 AM (“late night
Planning Commission Resolution No. Page 2 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
activity”) and serving beer and wine ("liquor establishment"), and as limited by the
operational standards listed herein.
b. Business License: The business shall be required to obtain and maintain a City
business license at all times.
c. Restaurant Seating/Patron Occupancy: Total indoor patron occupancy shall be
limited to 34 seated persons, subject to the maximum occupancy capacities of
certain rooms as determined by the California Building Code (CBC). At no time shall
there be more than 34 patrons within the establishment, excluding those waiting for
service. It is the responsibility of the business owner to provide adequate entrance
controls to ensure that patron occupancy is not exceeded.
d. Hours of Operation: The approved restaurant use may operate between the hours
of 5:00 AM and 11:00 PM Saturday through Sunday.
e. Liquor License: The applicant shall obtain and maintain in good standing a Type
41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) license from the
Department of Alcoholic Beverage Control for the sale of alcoholic beverages in
conjunction with the restaurant.
f. 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 ABC.
g. Designated Driver Program: The establishment shall maintain and actively
promote a designated driver program (e.g., complimentary non-alcoholic beverages
for designated drivers), including posting in a conspicuous place contact information
for local designated driver services.
h. Bar Area Seating: There shall be no separate "bar area," defined as a separate
area, tables, or a room intended primarily for serving alcoholic beverages.
i. Maximum Occupancy Sign: The business owner shall install a new maximum
occupancy sign of a size to be determined by the Community Development
Director, conspicuously posted within the premises, which shall include the
maximum occupancy noted herein and include a visual depiction of the floor plan
included in the approved construction drawings submitted for a building permit.
j. Floor Plan: All chairs and tables within the dining area shall consists of standard-
height furniture (i.e., not "high-top"). All tables and chairs shall be placed in such a
manner to allow sufficient area for dining and shall not be stacked or removed from
the dining area or placed outside. At no time shall the seating be reconfigured to
created large open spaces for patrons to congregate, dance, drink, or socialize.
k. Alcohol Beverage Service: Alcohol beverage service shall only be allowed in
conjunction with food service within the dining area.
Planning Commission Resolution No. Page 3 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
l. Food Service: Full menu food service shall be provided at all times during the
Business Hours (i.e., the kitchen shall not be closed).
m. Live Entertainment: No live entertainment is permitted as part of this Approval,
including live music, disc jockey, karaoke, and dancing. Future requests for live
entertainment shall require approval by the Planning Commission.
n. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept
within the enclosure except during collection in compliance with Chapter 6.04 of the
Campbell Municipal Code. All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur after 6:00 AM.
o. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
p. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering, including
contacting the Police Department as necessary to enforce this requirement.
q. Noise: Regardless of decibel level, no noise generated by the approved shall
obstruct the free use of neighboring properties so as to unreasonably interfere with
the comfortable enjoyment of the neighboring residents. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the Hours of Operation and/or
commence revocation proceedings pursuant to Condition of Approval No. 6
(Revocation of Permit). The following restrictions shall also be adhered to limit
potential noise impacts:
a. Doors shall remain closed at all times and will not be propped open to
contain interior noise.
b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
c. Outdoor speakers are prohibited.
r. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, and/or refuse stored outside the building or within the
adjacent parking lot area.
s. Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
t. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. 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).
Planning Commission Resolution No. Page 4 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
u. Facade: Facades shall maintain floor to ceiling windows, which shall be kept clear
of any obstructions to provide an inviting and attractive setting for pedestrians.
v. Outdoor Seating: Outdoor dining up to twelve (12) seats may be approved by the
Community Development Director through issuance of a Zoning Clearance
pursuant to CMC Section 21.36.150 provided that satisfactory parking is provided. If
approved, outdoor seating shall be subject to the following standards:
i. The design and make of all furniture (chairs, tables, planters, and umbrellas,
etc.) shall be subject to review and approval by the Community Development
Director.
ii. During non-business hours, chairs and tables shall be stacked, stored inside,
or otherwise secured to prevent unauthorized use
iii. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
iv. Exterior heaters shall be electric or natural gas. Propane heaters are
prohibited unless the Community Development Director approves a propone
canister enclosure.
v. The operational standards of this Conditional Use Permit shall apply to the
outdoor seating area.
4. Property Maintenance: The owner/operator of the subject property shall maintain all
exterior areas of the business free from graffiti, trash, rubbish, posters and stickers
placed on the property. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the
business.
5. Signage: No signage is approved as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit.
6. Revocation of Permit: Operation of a restaurant use during “late night hours” and beer
and wine service ("liquor establishment") pursuant to this Approval is subject to
Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision
making body to modify or revoke an Conditional Use Permit if it is determined that its
operation has become a nuisance to the City’s public health, safety or welfare or for
violation of the Conditional Use Permit 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) verifiable complaints related to violations of
conditions of approval and/or related to its operation within a twelve (12) month period,
a public hearing may be scheduled to consider modifying conditions of approval or
revoking the Conditional Use Permit. The Community Development Director may
commence proceedings for the revocation or modification of permits upon the
occurrence of less than three (3) 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 establishment's hours of operation. In exercising this
authority, the decision-making body may consider the following factors, among others:
Planning Commission Resolution No. Page 5 of 3
412 E. Campbell Avenue
Conditional Use Permit (PLN-2023-174) – Latin Asian Fusion Kitchen
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
customer and/or employee actions;
b. The number of complaints received from residents, business owners and
other citizens concerning the operation of an establishment regarding, noise,
and/or other operational impacts; and
c. Violation of conditions of approval.
ITEM NO. 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ January 23, 2023
PLN-2021-215
Terra Firm Dev.
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 RECOMMENDATION
That the Planning Commission take the following actions:
1. Adopt a Resolution (reference Attachment A), approving a Site and Architectural Review Permit
to allow approximately 10,250 square-foot industrial/warehouse building.
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: LI (Light Industrial)
General Plan Designation: Light Industrial
Net Lot Area: 24,425 square-feet
Building Square Footage : 10,255 square feet
Building Height (New): 22 feet1 45 feet (Max. Allowed)
Building Setbacks (New): Proposed Required
Front (west): 10 ½ feet 10 feet
Side (north): 0 feet 5 feet2
Side (south): 53 feet 5 feet
Rear (east): 10 feet 10 feet
Floor Area Ratio (FAR) .42 1.0 (Max. Allowed)
1Building height is measured to the top "building's highest roof surface," excluding "parapet walls" (CMC Sec.
21.18.050). As such, the building height is measured to the top roof surface, which is concealed by the parapet. 2CMC Sec. 21.10.080.E, Table 2-13 allows the Planning Commission to permit a side setback of less than five feet where
a property line abuts a non-residentially zoned property, when it finds that (1) the height of the building wall, inclusive of
a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story; and (2) the proposed building
is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage,
assembly, and fabrication.
Staff Report – Planning Commission Meeting of January 23, 2024 Page 2 of 6
PLN-2021-215 ~ 940/946 S. McGlincy Ln.
Parking: 14 stalls 0 stalls required (AB 2097)
Landscaping Area: 3,400 SF (18%) 1,954 SF (8%) Min.
DISCUSSION
Project Site: The project site is an approximately 24,424 square-foot parcel located on S. McGlincy
Lane, north of Curtner Avenue, as shown on the aerial map, below. The site borders industrial uses to
the north and south, and single-family residences to the east. The property is currently improved with
a concrete surface and used for vehicle parking. A Water District ("Valley Water") easement encumbers
the rear 10-feet of the property for an underground distribution pipeline.
Proposed Project: The submitted application for a Site and Architectural Review Permit would allow
construction of a 10,255 square-foot industrial/warehouse building with associated site improvements
and a new trash enclosure (reference Attachment B), including an exception to the side setback
requirement. Tenant(s) for the building have not been identified at this time.
Background: Ahead of the previously scheduled January 9, 2023, Planning Commission meeting, the
City received an email from Valley Water regarding the proposed improvements on their easement,
which resulted in a continuance of the hearing (reference Attachment C). Staff worked with Valley
Water to prepare conditions of approval, which have been incorporated into the draft resolution, to
address the stated concerns.
ANALYSIS
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, and site circulation:
Traffic Congestion: The proposed industrial building did not require a traffic study per the
thresholds established by the VTA Congestion Management Program; therefore the project will
not have a discernable effect on traffic congestion in the area. Additionally, the proposed
Staff Report – Planning Commission Meeting of January 23, 2024 Page 3 of 6
PLN-2021-215 ~ 940/946 S. McGlincy Ln.
building fell below the threshold for Vehicles-Miles-Traveled (VMT) analysis per the City's
VMT policy.
Traffic Safety and Site Circulation: The proposed building would be a low-intensity use that
will not bring a volume or type of traffic that could result in a traffic or circulation impact. The
site has been laid out to provide a standard 25-ft drive-aisle to accommodate the safe
maneuvering of vehicles.
B. Considerations relating to landscaping:
The property would be landscaped to accommodate the proposed project in compliance with
the State's Model Water Efficient Landscaping Ordinance (MWELO). This would include the
required landscaping along front and rear of the property, and along the southerly property line.
In total, the project would result in a landscaped area of approximately 3,400 square-feet or
18% of the site's net lot area, far exceeding the minimum 8% requirement for LI (Light
Industrial) zoned properties.
C. Considerations relating to structures and site layout:
Site Layout: The proposed industrial building would be placed at the northerly half of the lot,
up against northerly side property line at a zero setback, as shown on the site plan, below.
Although there is a minimum 5-foot setback requirement, the Planning Commission may grant
an exception for an industrial property as noted in footnote #2. The site would also be improved
with parking stalls, landscaping, an accessible path-of-travel, and a trash enclosure.
Structure Design: The proposed building would be a simple purpose-built flat-roofed structure,
consisting of CMU block concealed with plaster. The primary building color would be Sherwin-
Williams Virtual Taupe, accented with Sherwin-Williams Adaptive Shade, a natural
grey/brown color,. The façade would be largely defined by roll-up doors flanked two
commercial storefront entries, each with overhead canopies, as shown by the partial elevation:
Staff Report – Planning Commission Meeting of January 23, 2024 Page 4 of 6
PLN-2021-215 ~ 940/946 S. McGlincy Ln.
Parking: Under the recently adopted AB-2097, the City is precluded from applying a parking
standard for any project within one-half mile of major public transit. Since the Winchester
Light-Rail Station is located less than one-half mile away from the project site (as the crow
flies, over Highway 17), no parking requirement applies. Nonetheless, the project provides 14
parking stalls, including one accessible stall (if the building was not exempt from parking
requirements per AB 2097, 26 stalls would be required).
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 approval and to impose conditions of approval as
necessary to establish the findings. The applicable findings depend upon the type of land use approval
under revie. The following analysis identifies each of the applicable findings in italics and how the
proposed project satisfies them.
Site and Architectural Review Permit Findings:
A. The project will be consistent with the general plan.
Yes. The General Plan land use designation for the project site is Light Industrial. This
designation is intended to accommodate a "wide range of light manufacturing, industrial
processing, general service, warehousing, storage and distribution uses." The proposed project
would accommodate a variety of industrial activities, consistent with this designation. The
proposal would also further the following General Plan policies pertaining to land use (LU),
economic development (ED), community design (CD), and conservation and open space
(COS), by resulting in a sufficiently designed industrial development that will not materially
affect the adjacent residential neighborhood.
Policy LU-2.2: Promote high quality, creative design and site planning that is compatible with surrounding
development, public spaces, and natural resources.
Policy LU-2.2: Prohibit the establishment or encroachment of incompatible uses into Industrial and R&D
designated lands and prohibit new uses which would result in the imposition of additional
operational restrictions and/or mitigation requirements on industrial and R&D uses due to
land use incompatibility.
Action LU-2.a: Through the development review and permit process, screen development proposals for land
use compatibility, including conformance with existing development or neighborhoods.
Action LU-2.a: Through the development review and permit process, require adequate buffers and/or
architectural consideration to protect residential areas, developed or undeveloped, from
Staff Report – Planning Commission Meeting of January 23, 2024 Page 5 of 6
PLN-2021-215 ~ 940/946 S. McGlincy Ln.
intrusion of private nonresidential development activities that may degrade the quality of
life in such residential areas.
Policy LU-2.3: Industrial development should have functional and safe internal circulation patterns,
attractive site and architectural design, and be sensitive to surrounding uses for the purpose
of contributing to the positive character of industrial areas and the overall image of the city.
Policy CD-1.1: Recognize that the city is composed of residential, industrial and commercial
neighborhoods, each with its own individual character; and allow change consistent with
reinforcing positive neighborhood values, while protecting the integrity of the city’s
neighborhoods.
Policy ED-2.3: 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-3.3: Facilitate and encourage more efficient use of the city’s light industrial land supply, creating
higher employment densities and high-quality jobs, while discouraging the use of large sites
and buildings for low intensity uses and other uses that may compromise the sustainability
of these areas.
Policy ED-5.2: Support the development of office and industrial facilities to meet local demand, compete
for regional growth opportunities, and create high-quality jobs that support local housing
opportunities.
Policy COS 10.a: Review all new industrial and commercial development projects for potential air quality
impacts to residences and other sensitive receptors. The city shall ensure that mitigation
measures and best management practices are implemented to reduce significant emissions
of criteria pollutants. Adopt an ordinance codifying these requirements into the Campbell
Municipal Code.
B. The project will aid in the harmonious development of the immediate area.
Yes. Through a substantial investment in the subject property, the proposed project will
contribute to the incremental improvement of the built environment consistent with the vision
of the General Plan for McGlincy Lane area.
C. The project is consistent with applicable adopted design guidelines, development agreement,
overlay district, area plan, neighborhood plan, and specific plan(s).
Yes. As noted, there are no design guidelines for industrial buildings applicable to this project,
nor is the project site subject to any area, neighborhood or specific plan.
M-1 Reduced Side Setback Findings: As discussed, above, the project includes a request to allow a
reduction of the interior side setback to allow the building to be placed on the northerly property line.
The Planning Commission may allow a side setback of less than five feet where a property line abuts
a non-residentially zoned property, when it finds that:
1. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no
taller than 30-feet and limited to one-story; and
Yes. The proposed storage building measures 26-feet to the top of parapet, and therefore
complies with this finding.
2. The proposed building is designed for and would be limited to general industrial use,
including manufacturing, processing, warehousing, storage, assembly, and fabrication.
Staff Report – Planning Commission Meeting of January 23, 2024 Page 6 of 6
PLN-2021-215 ~ 940/946 S. McGlincy Ln.
Yes. As proposed and conditioned, the proposed building would be restricted to general
industrial use, including manufacturing, processing, warehousing, storage, assembly, and
fabrication.
Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC)
reviewed this application at its meeting of December 12, 2023. The following comments were made:
➢ Is off-site stormwater being managed?
Staff Response: Yes, consistent with the new "C.3" provisions, off-site stormwater treatment
will be provided in the new public park strip.
➢ Asked about bicycle parking.
Staff Response: As a new non-residential development, the CalGreen code will require
provision of one bicycle parking space (5% of the vehicular parking total).
➢ Asked about the use of the building.
Staff Response. The applicant indicated that the building would be limited to general
warehouse and storage use. Moreover, as required for the reduce side setback, the conditions
of approval would restrict the building to "manufacturing, processing, warehousing, storage,
assembly, and fabrication" uses, consistent with the Light Industrial (LI) Zoning District.
➢ Appreciated the additional landscaping.
Public Comment: Staff received a phone call from a resident located behind the project site, who
conveyed concerns regarding the building's height and the potential for noise. However, written
correspondence has not been provided.
Attachments:
A. Draft Resolution (S/A Review Permit Approval)
B. Project Plans
C. Valley Water Email
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Rob Eastwood, Community Development Director
RESOLUTION NO. 469x
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING 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
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 approval of a Site and
Architectural Review Permit:
1.The Proposed Project is an application for a Site and Architectural Review Permit
(PLN-2021-215) to allow construction of an approximately 10,250 square-foot
industrial/warehouse building, with an exception to the side setback requirement.
2.The Project Site is a 24,255 square-foot parcel located on E. McGlincy Lane, north of
Curtner Avenue.
3.The Project Site is zoned LI (Light Industrial) and designated as Light Industrial, as
shown on the Campbell Zoning Map and Campbell General Plan Map, respectively.
4.The Proposed Project seeks a reduction to the otherwise required 5-foot side setback,
as allowed by CMC Sec. 21.10.080, Table 2-13. Consistent with this section, the
Planning Commission may allow a side setback of less than five feet where a property
line abuts a non-residentially zoned property, when it finds that (1) the height of the
building wall, inclusive of a parapet, adjacent to the side property line is no taller than
30-feet and limited to one-story; and (2) the proposed building is designed for and
would be limited to general industrial use, including manufacturing, processing,
warehousing, storage, assembly, and fabrication. As these conditions are satisfied, the
Planning Commission has determined that the requested reduction of the side setback
to zero feet is appropriate.
5.The Proposed Project would be consistent with the following General Plan policies and
strategies:
Policy LU-2.2: Promote high quality, creative design and site planning that is compatible with
surrounding development, public spaces, and natural resources.
Policy LU-2.2: Prohibit the establishment or encroachment of incompatible uses into Industrial
and R&D designated lands and prohibit new uses which would result in the
imposition of additional operational restrictions and/or mitigation requirements
on industrial and R&D uses due to land use incompatibility.
Action LU-2.a: Through the development review and permit process, screen development
proposals for land use compatibility, including conformance with existing
development or neighborhoods.
Attachment A
Planning Commission Resolution No. 469_ Page 2 of 4
PLN-2021-215 ~ Site and Architectural Review
940/946 S. McGlincy Ln.
Action LU-2.a: Through the development review and permit process, require adequate buffers
and/or architectural consideration to protect residential areas, developed or
undeveloped, from intrusion of private nonresidential development activities
that may degrade the quality of life in such residential areas.
Policy LU-2.3: Industrial development should have functional and safe internal circulation
patterns, attractive site and architectural design, and be sensitive to
surrounding uses for the purpose of contributing to the positive character of
industrial areas and the overall image of the city.
Policy CD-1.1: Recognize that the city is composed of residential, industrial and commercial
neighborhoods, each with its own individual character; and allow change
consistent with reinforcing positive neighborhood values, while protecting the
integrity of the city’s neighborhoods.
Policy ED-2.3: 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-3.3: Facilitate and encourage more efficient use of the city’s light industrial land
supply, creating higher employment densities and high-quality jobs, while
discouraging the use of large sites and buildings for low intensity uses and other
uses that may compromise the sustainability of these areas.
Policy ED-5.2: Support the development of office and industrial facilities to meet local demand,
compete for regional growth opportunities, and create high-quality jobs that
support local housing opportunities.
Policy COS 10.a: Review all new industrial and commercial development projects for potential air
quality impacts to residences and other sensitive receptors. The city shall
ensure that mitigation measures and best management practices are
implemented to reduce significant emissions of criteria pollutants. Adopt an
ordinance codifying these requirements into the Campbell Municipal Code.
6. 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).
7. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
9. 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.
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;
Planning Commission Resolution No. 469_ Page 3 of 4
PLN-2021-215 ~ Site and Architectural Review
940/946 S. McGlincy Ln.
2. The project will aid in the harmonious development of the immediate area;
3. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
M-1 Reduced Side Setback Findings (CMC Sec. 21.10.080.E., Table 2-13):
4. The height of the building wall, inclusive of a parapet, adjacent to the side property line
is no taller than 30-feet and limited to one-story;
5. The proposed building is designed for and would be limited to general industrial use,
including manufacturing, processing, warehousing, storage, assembly, and fabrication;
Environmental Finding(s) (CMC Sec. 21.38.050):
6. 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
7. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and
Architectural Review Permit (PLN-2021-215) 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, subject to the attached
Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 9th day of January, 2024, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Allen Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Exhibit A
CONDITIONS OF APPROVAL
SITE AND ARCHITECTURAL REVIEW PERMIT
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Site and Architectural Review Permit (PLN-
2021-215) 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 project shall substantially conform
to the Project Plans included as Attachment No. B in the January 9, 2024 Planning
Commission Staff Report, except as may be modified by conditions of approval
contained herein.
2. Permit Expiration: The Site and Architectural Review Permit approved herein
("Approval") shall be valid for one (1) year from the effective date of Planning
Commission approval (expiring January 19, 2025). Within this one-year period a
Building Permit for the project 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.
3. 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.
4. 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.
5. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of the underground PG&E utility (transformer) boxes and San Jose Water
Company back-flow preventers, indicating the location of the boxes for approval by the
Community Development Director. The transformer shall be screened with
landscaping or artistically painted.
6. General Operational Standards: Use of the subject property is subject to the following
general operational standards:
a. Land Use Restriction: The use of the approved industrial/warehouse building
is limited to general industrial use, including manufacturing, processing,
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 2
PLN-2021-215 – Site and Architectural Review Permit
warehousing, storage, assembly, and fabrication, as defined by the Campbell
Municipal Code.
b. Hours of Operation: Unless otherwise authorized by a Conditional Use
Permit, the hours of operation of any use within the approved buildings is
limited to 6:00 AM to 11:00 PM, daily.
c. Smoking: "No Smoking" signs shall be posted on the premises in compliance
with CMC Sec. 6.11.060.
d. Noise: Regardless of decibel level, no noise generated within the approved
building shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the neighboring
residents. In the event verified complaints are received by the City regarding such
noise, the Community Development Director may immediately curtail the Hours
of Operation, pursuant to Condition of Approval No. 8 (Revocation of Permit).
e. Signage: All signage shall require separate approval of a Sign Permit in
compliance with Campbell Municipal Code (CMC) 21.30.080.A
f. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be
kept within the trash enclosure except during collection in compliance with
CMC Chapter 6.04 (Garbage and Rubbish Disposal).
g. Loitering: There shall be no loitering allowed on the premises. The business
owner is responsible for monitoring the premises to prevent loitering.
h. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. 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).
i. Property Maintenance: The property is to be maintained free of any
combustible trash, debris, and weeds until the time that actual construction
commences. Any vacant existing structures shall be secured, by having
windows boarded up and doors sealed shut, or be demolished or removed
from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
j. Landscape Maintenance: All landscaped areas shall be continuously
maintained in accordance with CMC Chapter 21.26. Landscaped areas shall
be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be
replaced with healthy plants of the same or similar type.
k. Outdoor Storage: No outdoor storage is permitted on the subject property,
including the storage equipment, materials, and inoperable vehicles.
l. Parking and Driveways: All parking and driveway areas shall be maintained
in compliance with the standards provided in CMC Chapter 21.28 (Parking
and Loading).
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 3
PLN-2021-215 – Site and Architectural Review Permit
7. Water Efficient Landscape Standards: This project is subject to the updated California
Model Water Efficient Landscape Ordinance (MWELO). The building permit application
for grading and on-site improvements shall demonstrate compliance with the
applicable MWELO and landscaping requirements and shall include the following.
Replacement trees shall be provided consistent with the Conditions of Approval of the
associated Tree Removal Permit.
a. A Landscape Documentation Package prepared by an authorized and licensed
professional demonstrating compliance with the full MWELO requirements with
the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of
the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project
planner.
3) Soil Management Report per Section 492.5 (unless significant mass
grading is planned, in which case the report shall be submitted prior to
permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the
Landscape Documentation Package) and Certificate of Completion will be
required prior to permit final.
b. A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final
Required. The new landscaping indicated on the plans must be installed prior
to final inspection. Changes to the landscaping plan require Planning approval.”
8. 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.
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 4
PLN-2021-215 – Site and Architectural Review Permit
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.
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.
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 5
PLN-2021-215 – Site and Architectural Review Permit
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 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.
g. Construction Fencing: The property shall be properly enclosed with construction
fencing to prevent unauthorized access to the site during construction. The
construction site shall be secured to prevent vandalism and/or theft.
9. Revocation of Permit: Occupancy of the approved industrial building 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 land use permit
if it is determined that operation a use has become a nuisance to the City’s public
health, safety or welfare or for violation of the Conditions of Approval or any standards,
codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the property generates
three (3) verifiable complaints related to violations of conditions of approval (e.g., noise,
parking, etc.) within a twelve (12) month period, a public hearing before the City Council
may be scheduled, upon recommendation of the Planning Commission, to consider
modifying conditions of approval or revoking the Site and Architectural Review Permit.
The Community Development Director may commence proceedings for the revocation
or modification of the Approval upon the occurrence of less than three (3) complaints
if the Community Development Director determines that the alleged violation warrants
such an action. 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 customer
and/or employee actions;
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 6
PLN-2021-215 – Site and Architectural Review Permit
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment regarding parking, noise,
and/or other operational impacts.
c. Violation of conditions of approval.
Building Division
10. 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.
11. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
PUBLIC WORKS DEPARTMENT
12. 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
13. 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.
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.
Upon submission of the grading plans, the applicant shall calculate and submit to the
City the amount of impervious surface created by the development including the types
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 7
PLN-2021-215 – Site and Architectural Review Permit
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, No. 01- 119, 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:
o The stormwater management facilities were constructed in
compliance with the approved plans.
o The as-built drawings show all pertinent constructed dimensions,
elevations, shapes, and materials.
o All variations in construction from the approved design plan
have been identified, including omissions to and additions from
the approved plan.
o Any changes are in conformance with local, state, or federal
regulations.
14. 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.
15. 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.
16. 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.
17. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or
building permits for the site, the applicant shall cause plans for public street
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 8
PLN-2021-215 – Site and Architectural Review Permit
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.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
d. Installation of City standard curb, gutter, detached sidewalk and ADA compliant
driveway approach.
e. Installation of asphalt concrete overlay along project frontage to centerline.
f. Installation of stormwater treatment facilities in the planting strip along the project
frontage to treat the impervious areas constructed / reconstructed by this project.
g. Installation of City approved street trees, and irrigation at 30 feet on center.
h. Construction of conforms to existing public and private improvements, as
necessary
18. Trash Enclosure Requirements:
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.
o Installation of area drain in the trash enclosure and connection of area
drain to the sanitary sewer.
o Installation of grade break to prevent run off from the trash enclosure
(covered area) to the parking lot (uncovered area) and vice versa.
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.
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 9
PLN-2021-215 – Site and Architectural Review Permit
FIRE DEPARTMENT
19. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If
trash size exceeds 1.5 cubic yards than either a sprinkler system is required or the
enclosure will need to be type IA or IIA construction.
20. 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]. No wall openings on zero lot line need to be proposed in order to avoid need
for fire department access.
21. Fire Apparatus Access Roadway Required: Provide an access roadway with a paved
all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of
13 feet 6 inches, minimum circulating turning radius of 50 feet outside, and a
maximum slope of 15%. Surface shall be capable of supporting 75K pounds.
Installations shall conform to Fire Department Standard Details and Specifications
sheet A-1. CFC Sec. 503. -20 foot roadway to be unobstructed and maintained
-Truck loading zone cannot obstruct fire department access while trucks are loading
and unloading.
22. Fire Apparatus Turnaround Required: Provide an approved fire department engine
driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform with Fire Department Standard Details and Specifications
D-1. Turnaround C proposed. No parking sign to be installed along with striping.
23. Required Fire Flow: The minimum required fire flow for this project is 2,250 Gallons
Per Minute (GPM) at 20 psi residual pressure. Letter received. Hydrant is capable of
meeting fire flow.
24. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of
NFPA 72 for fire alarm requirements. Noted on Sheet T.
25. 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. Sprinklers noted on sheet T.
26. 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 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
Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 10
PLN-2021-215 – Site and Architectural Review Permit
interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard]. FDC
location approved. Shown on Sheet A-1.
27. 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.
28. 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.
ITEM NO. 5
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ January 23, 2024 PLN-2023-155
Public Hearing to consider the establishment of a new Zoning Map incorporating three new Housing Overlay/Combining Zoning
Districts and adoption of related Zoning Code Text Amendments.
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 establishing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code Text Amendments.
BACKGROUND
On April 18, 2023, the City of Campbell adopted the 2040 General Plan, 2023-2031
Housing Element, and related amendments to the Zoning Ordinance and Zoning Map. The Housing Element included three programs to support the development of affordable housing through the creation of Housing Overlay Districts and related Zoning Code Text
Amendments. These programs (Programs H-1c, H-3e, and H-3f) are summarized as
follows: • Program H-1c: Affordable Housing Overlay: Establish an Affordable Housing Overlay zoning district to incentivize the development of housing
meeting priorities by: 1) allowing an increase in density over that otherwise
allowed under state density bonus law; 2) allowing a reduction of parking standards consistent with those provided under state density bonus law; 3) providing for ministerial (i.e., by-right) permit processing; 4) providing for impact fee reductions or waivers; and 5) City funding support for frontage
improvements.
• Program H-3e: Rezone for Lower Income Shortfall (Required by State Law): Establish a By-Right Housing Overlay zoning district to provide for the ministerial (i.e., by-right) permit processing of at least 1,024 lower-income
housing units on sites meeting a minimum density of 30 units per acre and
which allow for the production of at least 16 units per site, when at least 20% or more of the units of a proposed development are to be made are affordable to lower income households.
• Program H-3f: Reuse Sites (Required by State Law): Modify the Zoning
Ordinance to allow for the ministerial (i.e., by-right) permit processing of projects on qualifying sites used in prior Housing Elements, when at least 20%
Staff Report ~ Planning Commission Meeting – January 23, 2024 Page 2 of 8 PLN-2023-155 ~ Zoning Map, Overlay Zones, Zoning Code Text Amendments
or more of the units of a proposed development are to be made are affordable to lower income households. On October 10, 2023, and October 17, 2023, the Planning Commission and City Council,
held Study Sessions, separately and respectively, which served to inform the
development of the Housing Overlay districts discussed in this report. Consistent with the recommendations of the Planning Commission and staff, the City Council provided the following feedback and direction:
• Council Feedback: Affordable Housing (AH) Overlay Zone
o Develop a program that complements State Density Bonus Law rather than forcing developers to choose between competing incentive programs. o Exclude “Low-Density Residential” (i.e., Single-Family) from the AH Overlay
o Focus incentives on the production of additional affordable housing and
solicit feedback from developers to identify incentives that work, while avoiding incentives that reduce fees or utility undergrounding requirements.
• Council Feedback: By-Right Housing (BRH) Overlay Zone
o The City Council discussed the Options presented in the Study Session report which focused on either minimizing by-right review (Options 1 & 2) or preserving requirements for mixed-use development (Option 3). o Acknowledging the Options presented were mutually exclusive, and that the
adoption of a BRH Overlay is required by state law, the Council directed
staff to proceed with Option 3 (Protect Mixed-Use) consistent with its presentation in the Study Session Report.
• Council Feedback: Reuse Sites (RS) Overlay Zone
o The Council acknowledged the requirement to create a Reuse Sites Overlay for housing opportunity sites “reused” from prior Housing Element(s) consistent with state law. o The Council directed staff to proceed with the creation of the Reuse Sites
Overlay Zone consistent with its presentation in the Study Session Report.
DISCUSSION
Consistent with Council direction on the By-Right Housing (BHR) and Reuse Sites (RS) Overlays, final versions have been prepared and included in the Draft Resolution
(reference Attachment A).
The following discussion focuses on the proposed refinements to the Affordable Housing (AH) Overlay District, based on initial Council feedback and stakeholder input.
I. Affordable Housing (AH) Overlay Zone Consistent with Council feedback, the City’s Affordable Housing (AH) Overlay has been designed to complement State Density Bonus Law (rather than compete) by providing local incentives to projects that provide a greater percentage of affordable housing than
otherwise required.
Staff Report ~ Planning Commission Meeting – January 23, 2024 Page 6 of 8 PLN-2023-155 ~ Zoning Map, Overlay Zones, Zoning Code Text Amendments
be financially viable to develop. Further, acknowledging the City may have funds available in the future to support affordable housing projects, staff has included a provision to “sunset” the effective date of the program once equivalent “Priority Funding” is available. In other words, the two financial incentive programs would not be combined.
4. Reduce Development Requirements
State Density Bonus Law already provides for the use of concessions, and an unlimited number of waivers, to reduce or eliminate development and design requirements. As these concessions and waivers will be available to any qualifying project in the AH
Overlay Zone, staff does not recommend expanding on incentives already provided under
state law.
5. Extend Permit Approval Period
In response to developer feedback, an incentive has been added to provide for a three-
year approval period (instead of a one-year or two-year permit approval depending on the
project) for qualifying projects in the AH Overlay. This extended permit approval would apply only to the first approval of a project, and not post-entitlement permits (such as building permits) or subsequent land use permits (such as those granting modifications to the first permit approval).
6. Utilize City-Owned Property for Affordable Housing
As part of Campbell’s Plan for Housing (2023-2031 Housing Element), the City Corporation Yard (290 Dillon Avenue) was identified as a potential housing development opportunity site. Currently, City staff are exploring the feasibility of developing the site for
affordable housing and relocating the existing corporation yard to a new site. Later this
year, staff will return to the City Council with a report outlining the financial feasibility of the project and for discussion of the potential use of the property for affordable housing.
7. Expand the Housing In-Lieu Fee Program
The pending Nexus Study will provide an analysis of fees that the City may charge to
support affordable housing projects, and serve as an opportunity to discuss potential expansion of the City’s Housing In-Lieu Fee Program. As proposing changes to the program would be premature prior to completion of the Nexus Study, staff acknowledges the request but recommends postponing taking further action at this time.
II. Additional Changes to AH Overlay Proposed by Staff In addition to introducing new incentives in response to developer feedback, the following changes to the AH Overlay have been identified by staff:
• Applicability – In addition to excluding “Low-Density Residential” (i.e., Single-Family) areas (consistent with Council direction), staff also recommends excluding properties with a “Light Industrial” or “Research and Development” land use
designation, as well as properties within an “H” (Historic) overlay/combining zoning district. The intent of these changes is to avoid any implications that areas designated for industrial uses are suitable for housing development, and to avoid
Staff Report ~ Planning Commission Meeting – January 23, 2024 Page 8 of 8 PLN-2023-155 ~ Zoning Map, Overlay Zones, Zoning Code Text Amendments
designation and zoning of properties where renaming occurred (i.e., “High-Density Residential” was renamed “Medium-High Density Residential” to provide for the new density ranges established with the update).
Findings for Approval: In accordance with CMC 21.60.070 (Findings and Decision) a
Zoning Code Amendment may only be approved when all of the following findings are made by the decision-making body. To support the Planning Commission in its review of these findings, in forming its recommendation to the City Council, staff feedback follows each finding in plain text below.
a) The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, overlay district, area plans, neighborhood plans, and specific plan(s);
Yes. The proposed Zoning Code Amendments serve to implement Programs H-
1c, H-3e, and H-3f of the 2023-2031 Housing Element of the 2040 General Plan and therefore may be found consistent the goals, policies, and actions of the General Plan. The proposed amendments have been developed to account for, and ensure consistency with, all other applicable development agreements,
overlay districts, area plans, neighborhood plans, and specific plans(s) and as a
result, may be found consistent with all related planning documents. b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and
Yes. The proposed Zoning Code Amendments would not be detrimental to the public interest, safety, convenience, or general welfare of the city in that they serve to implement the General Plan, Housing Element, and requirements of state law.
c) The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. Yes. The proposed Zoning Code Amendments were developed to ensure internal consistency with other provisions of the Zoning Code, as well as provide helpful
cross references for enhanced clarity.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act (CEQA) requires agencies to identify the potential environmental effects of “projects” such as the three new Housing
Overlay/Combining Zoning Districts
As the new Zoning Map, incorporating three new Housing Overlay Districts, and amendments, serve to implement the 2040 General Plan and programs included as part of the 2023-2031 Housing Element, the project may be found consistent with the Final
Environmental Impact Report (EIR) (SCH: 2022030556) prepared for the 2040 General
Plan and 2023-2031 Housing Element.
Staff Report ~ Planning Commission Meeting – January 23, 2024 Page 9 of 8 PLN-2023-155 ~ Zoning Map, Overlay Zones, Zoning Code Text Amendments
NEXT STEPS
Following the subject meeting, the subject item will be heard by the City Council at its meeting of February 6, 2024.
ALTERNATIVES
1. Propose to add, remove, or adjust eligibility criteria and/or incentives proposed for the AH Overlay.
Prepared by:
Stephen Rose, Senior Planner
Approved by:
Rob Eastwood, Community Development Director
Attachments:
A. Draft Resolution Recommending Approval of an Ordinance
B. Developer Feedback Survey C. 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 ESTABLISHING A NEW ZONING MAP
INCORPORATING THREE NEW HOUSING OVERLAY ZONING DISTRICTS AND AMENDING TITLE 21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE TO ADOPT RELATED ZONING CODE TEXT AMENDMENTS. FILE NO. PLN-2022-155.
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 establishing a new Zoning Map incorporating three new Housing Overlay Zoning
Districts and amending Title 21 (Zoning) of the Campbell Municipal Code to adopt related Zoning Code Text Amendments (PLN-2023-155): 1. The Ordinance will amend Title 21 (Zoning) of the Campbell Municipal Code as set forth
in Exhibit A.
2. The Ordinance will establish a new Zoning Map as set forth in Exhibit A-1. 3. Upon the effective date of the Ordinance, the preceding Campbell Zoning Map, as most
recently adopted, shall be of no further force or effect.
4. The proposed amendments would be consistent with the following policies and strategies of the 2040 General Plan:
LU-1.a: Update the City’s Zoning Map to be consistent with the land use
designations shown on Figure LU-01.
LU-1.b: Assign zoning to properties consistent with the land use designations identified by the General Plan.
LU-1.e: Review the standards provided in the Campbell Municipal Code and Zoning Code (Title 21) and amend as necessary to ensure
consistency with the General Plan.
5. The proposed amendments would be consistent with the following programs from the 2023-2031 Campbell Housing Element:
Program H-1c: Affordable Housing Overlay Zone (AHOZ): Establish an Affordable Housing Overlay Zone to incentivize the development of housing
meeting priorities. Incentives to be incorporated into the AHOZ may include:
• Allowing an increase in density over that otherwise allowed under State Density Bonus Law.
Planning Commission Resolution No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 2 of 4
• Allowing a reduction in parking standards consistent with those
provided under State Density Bonus Law. • Providing for Ministerial Review. Other incentives to be evaluated in developing the AHOZ include:
• Providing for a) building, planning, and/or impact fee reductions or waivers; and b) City funding support for frontage improvements.
Program H-3e: Rezone for Lower Income Shortfall: Pursuant to State statutes (Gov Code 65583.2(h) and 65583.2(i),), sites identified for rezoning to
address the City’s lower income RHNA shortfall shall meet the following requirements:
• Permit owner-occupied and rental multi-family uses by-right in which 20% or more of the units are affordable to lower income households
• Permit a minimum density of 20 units per acre • Allow a minimum of 16 units per site • Accommodate at least 50 percent of the lower income need on sites designated for residential use only, otherwise allow 100% residential use and require residential to occupy at
least 50% of the floor area in a mixed-use project.
Program H-3f: In accordance with State law, Modify the Zoning Ordinance so that parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") as noted in Table A of the Site Inventory with at least 20 percent of the units affordable to lower-income
households are eligible for by-right processing with ministerial review.
6. 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.
7. 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.
8. The proposed amendments serve to implement the 2040 General Plan and 2023-2031 Housing Element and may therefore be found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030556) prepared for the 2040 General Plan and 2023-2031 Housing Element. Where the proposed amendments are not within the scope of the
EIR, such changes may found categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are
Planning Commission Resolution No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 3 of 4
administrative activities of government that will not result in direct or indirect physical
change in the environment pursuant, respectively. 9. Pursuant to CEQA Guidelines Section 15162, the Final Environmental Impact Report (SCH: 2022030556) may be found to contain full and adequate review for the changes that would result from the adoption of the Ordinance.
10. No substantial changes are proposed which require major revisions of the Final Environmental Impact Report (SCH: 2022030556) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
11. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final Environmental Impact Report (SCH: 2022030556) was certified as complete shows any of the following: a) The project will have one or more significant effects not discussed in the Final Environmental Impact Report (SCH: 2022030556); b) Significant effects previously
examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the
environment.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
12. 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. 13. The proposed amendments are consistent with the goals, policies, and actions of the 2040 General Plan (which includes the 2023-2031 Housing Element) and all applicable development agreements, area plans, neighborhood plans, and specific plans.
14. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city. 15. The proposed amendments are internally consistent with other applicable provisions of
this Zoning Code. 16. No substantial evidence has been presented which shows that the project, as currently presented, will have a significant adverse impact on the environment.
17. Pursuant to CEQA Guidelines Section 15162, the Final Environmental Impact Report (SCH: 2022030556) contains full and adequate review for the changes that would result from the adoption of the Ordinance.
Planning Commission Resolution No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 4 of 4
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council approve an Ordinance establishing a new Zoning Map incorporating three new Housing Overlay Zoning Districts and amending Title 21 (Zoning) of the Campbell Municipal Code to adopt related Zoning Code Text Amendments (PLN-2023-155). PASSED AND ADOPTED this 23rd day of January, 2024, by the following roll call vote:
AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners:
APPROVED: Alan Zisser, Chair
ATTEST: Rob Eastwood, Secretary
Attachment A Exhibit A
ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ESTABLISHING A NEW ZONING MAP
INCORPORATING THREE NEW HOUSING OVERLAY ZONING DISTRICTS AND AMENDING TITLE 21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE TO ADOPT RELATED ZONING
CODE TEXT AMENDMENTS. FILE NO. PLN-2022-155.
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 establish a new Zoning Map as set forth in Exhibit A-1.
WHEREAS, upon the effective date of the subject Ordinance, the preceding Campbell Zoning Map, as most recently amended, shall be of no further force or effect.
WHEREAS, the subject Ordinance will amend Title 21 (Zoning) of the Campbell Municipal
Code as set forth herein.
WHEREAS, the proposed amendments would be consistent with the following policies and strategies of the 2040 General Plan:
LU-1.a: Update the City’s Zoning Map to be consistent with the land use
designations shown on Figure LU-01.
LU-1.b: Assign zoning to properties consistent with the land use designations identified by the General Plan.
LU-1.e: Review the standards provided in the Campbell Municipal Code and Zoning Code (Title 21) and amend as necessary to ensure
consistency with the General Plan.
WHEREAS, the proposed amendments would be consistent with the following programs from the 2023-2031 Campbell Housing Element:
Program H-1c: Affordable Housing Overlay Zone (AHOZ): Establish an Affordable Housing Overlay Zone to incentivize the development of housing
meeting priorities. Incentives to be incorporated into the AHOZ may
include:
• Allowing an increase in density over that otherwise allowed under State Density Bonus Law. • Allowing a reduction in parking standards consistent with those
provided under State Density Bonus Law.
City Council Ordinance No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 2 of 9
• Providing for Ministerial Review.
Other incentives to be evaluated in developing the AHOZ include: • Providing for a) building, planning, and/or impact fee reductions or waivers; and b) City funding support for frontage
improvements.
Program H-3e: Rezone for Lower Income Shortfall: Pursuant to State statutes (Gov Code 65583.2(h) and 65583.2(i),), sites identified for rezoning to address the City’s lower income RHNA shortfall shall meet the following requirements:
• Permit owner-occupied and rental multi-family uses by-right in which 20% or more of the units are affordable to lower income households • Permit a minimum density of 20 units per acre • Allow a minimum of 16 units per site
• Accommodate at least 50 percent of the lower income need on sites designated for residential use only, otherwise allow 100% residential use and require residential to occupy at least 50% of the floor area in a mixed-use project.
Program H-3f: In accordance with State law, Modify the Zoning Ordinance so that
parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") as noted in Table A of the Site Inventory with at least 20 percent of the units affordable to lower-income households are eligible for by-right processing with ministerial review.
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
public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration.
WHEREAS, the proposed amendments serve to implement the 2040 General Plan and 2023-2031 Housing Element and may therefore be found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030556) prepared for the 2040 General Plan and 2023-2031
Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes may found categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not result in direct or indirect physical change in the
environment pursuant, respectively.
City Council Ordinance No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 3 of 9
WHEREAS, pursuant to CEQA Guidelines Section 15162, the Final Environmental Impact
Report (SCH: 2022030556) contains full and adequate review for the changes that would result from the adoption of the subject Ordinance.
WHEREAS, no substantial changes are proposed which require major revisions of the Final Environmental Impact Report (SCH: 2022030556) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified
significant effects.
WHEREAS, no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final Environmental Impact Report (SCH: 2022030556) was certified as complete shows any of the following: a) The project will have one or more significant effects not discussed in the Final
Environmental Impact Report (SCH: 2022030556); b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the environment.
WHEREAS, the proposed amendments are consistent with the goals, policies, and actions of the 2040 General Plan (which includes the 2023-2031 Housing Element) and all applicable development agreements, area plans, neighborhood plans, and specific plans.
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 this 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.
NOW, THEREFORE, the City Council of the City of Campbell does ordain as follows: Section 1. That a new Campbell Zoning Map as set forth in Exhibit A is hereby adopted and shall supersede all previously adopted version(s) of the Campbell Zoning Map; and the City Clerk
is directed to update placeholders to indicate the effective date and number of the Ordinance. Section 2. Campbell Municipal Code Section 21.04.020, Table 2-1 (Zoning Districts and General Plan Designations), Note #1, is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
1. Several sites are subject to a site-specific overlay as noted with a number on the Land Use Map that
reflects the maximum developable gross acres of a property that may be used for residential
development. The maximum developable gross acres allowed on a property shall be measured and
provided as a single contiguous area on the property. number of allowable dwelling units on the property
City Council Ordinance No. PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 4 of 9
which may be increased subject to a density bonus or through exercise of the City’s Affordable Housing
Overlay Zone (AHOZ) if/when established. Section 3. Table 2-1 (Zoning Districts and General Plan Designations) of Campbell Municipal Code Section 21.04.020 (Zoning districts established), is hereby amended to add
three additional rows and three additional columns, following the O (Overlay District) row in
the table, with underlining (underlining) indicating new text as follows:
BRH By-Right Housing The By-Right Housing overlay/combining
district may be found consistent with the
underlying land use designation of the
General Plan.
RS Reuse Sites The Reuse Sites overlay/combining district
may be found consistent with the underlying
land use designation of the General Plan.
AH Affordable Housing The Affordable Housing overlay/combining
district may be found consistent with any
land use designation of the General Plan
except the Lower Density Residential,
Industrial, or Research and Development
land use designation.
Section 4. Note (4), of Table 2-1 (Zoning Districts and General Plan Designations) of Campbell Municipal Code Section 21.04.020 (Zoning districts established), is hereby amended with underlining (underlining) indicating new text as follows:
(4) The designation of an area in an overlay/combining district shall be expressed as an additional suffix to
zoning map symbol (e.g., R-1-6-H, TO-MU-O) where the provisions of the overlay are exercised by a project. Section 5. Campbell Municipal Code Section 21.07.040.A. (Administrative Housing
Development Project Permit), is hereby amended with underlining (underlining) indicating
new text as follows:
A. Administrative Housing Development Project Permit. An Administrative Housing Development Project Permit
shall be required for the following:
1. Any housing development project consisting of less than five (5) new residential units.
2. Minor alterations to site or design details of a housing development project, with an approved permit
as set forth by this chapter, as follows:
i. Changes to the size (e.g., depth, width), placement, height, or design of an approved frontage
type or building type within the same category.
ii. Changes to site design details, including landscaping or hardscaping, screening, fencing, or
lighting detail.
iii. Changes to the assignment or placement of parking spaces which do not alter off-site
circulation; and
iv. Adding, removing, relocating, or modifying the design of an accessory structures less than
600 square feet.
3. Reconfiguration of existing square footage that does not result in:
i. A decrease in the number of bedrooms;
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ii. An increase of more than 2 bedrooms per unit; and/or
iii. Change the exterior appearance of the building except as otherwise provided by this chapter.
4. Housing development projects that comply with all the requirements of Campbell Municipal Code
Section 21.14.070.D.2 (Permit processing) of the Affordable Housing overlay/combining district.
Section 6. Campbell Municipal Code Section 21.14.010.B. (Applicability) is amended to read as follows with underlining (underlining) indicating new text:
B. Applicability. The applicability of any overlay/combining zoning district to specific sites is illustrated by the overlay
zoning map symbol established by Section 21.04.020 (Zoning Districts Established) and/or as described in
accordance with this chapter and shall be indicated by a suffix appended to the symbol of the baseprimary zoning
district (e.g., R-1-6-H, GC-O, TO-MU-CB) where the provisions of the overlay are exercised by a project. The
provisions of this chapter apply to development and new uses in addition to all other applicable requirements of
this Zoning Code. In the event of any conflict between the provisions of this chapter and any other provision of
this Zoning Code, this chapter shall control.
Section 7. Chapter 21.14 – Overlay/Combining Districts. Campbell Municipal Code Chapter 21.14 (Overlay/Combining Districts) is amended to add Sections 21.14.050, 21.14.060, and
21.14.070, with underlining (underlining) indicating new text as follows:
21.14.050 BRH (By-Right Housing) overlay/combining zoning district.
A. Purpose. The purpose of the By-Right Housing (“BRH”) overlay/combining zoning district is to promote the
development of housing on sites locally identified to satisfy the City’s lower-income Regional Housing Needs
Allocation (RHNA) shortfall pursuant to State statues (Gov. Code 65583.2(h) and 65583.2(i)).
B. Eligibility. Sites included in the BRH overlay/combining zoning district shall satisfy the following criteria:
1. Density. Permit a minimum density of 30 units per acre, for the entirety of, or a portion of the site, in
compliance with the General Plan Land Use Map.
2. Minimum unit count. Permit a minimum of 16 units per site.
C. Development standards. The following development standards shall apply to sites where the BRH
overlay/combining zoning district is applied.
1. Residential projects. Sites shall be permitted to develop exclusively as residential uses.
2. Mixed-use projects. Mixed-use projects shall be required to allocate a minimum of 50% of the total
gross floor area to residential uses.
D. Expedited permit processing. Housing development projects with at least 20 percent of the units affordable to
lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).
E. Establishment of district. The BRH overlay/combining zoning district shall be established by ordinance. In
addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code,
and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.050.B. (Eligibility) and specify the characteristics of the project that
were used to make such determination.
21.14.060 RS (Reuse Sites) overlay/combining zoning district.
A. Purpose. The purpose of the Reuse Sites (“RS”) overlay/combining zoning district is to promote housing
development on Housing Opportunity Sites used in one or more previously adopted Housing Elements
consistent with the objectives of the General Plan, Housing Element, and State statues.
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B. Eligibility. Sites included in the RS overlay/combining zoning district shall consist of the following:
1. Non-vacant Housing Opportunity Sites used in the previously adopted and current Housing Element;
and
2. Vacant Housing Opportunity Sites used in the two previously adopted and current Housing Element.
C. Expedited permit processing. Housing development projects with at least 20 percent of the units affordable to
lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).
D. Establishment of district. The RS overlay/combining zoning district shall be established by ordinance. In
addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code,
and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility
requirements set forth in Section 21.14.060.B. (Eligibility) and specify the characteristics of the project that
were used to make such determination.
21.14.070 AH (Affordable Housing) overlay/combining zoning district.
A. Purpose. The purpose of the Affordable Housing (“AH”) overlay/combining zoning district is to promote the
development of affordable housing by providing incentives to projects that voluntarily elect to comply with all
the requirements of this Section.
B. Applicability. The AH overlay/combining zoning district applies to all properties except those with a “Low
Density Residential”, “Light Industrial”, or “Research and Development” General Plan land use designation, or
within an “H” (Historic) overlay/combining zoning district.
C. Eligibility. The incentives set forth in Section 21.14.070.D. (Incentives) may only be applied to projects which
satisfy all the following general requirements:
1. Housing development project. The project satisfies the definition of a housing development project in
accordance with CMC 21.72 (Definitions);
2. Compliance with State Density Bonus Law. The project meets the criteria for a density bonus under
State Density Bonus Law, as outlined in Sections 65915 to 65918 of the California Government Code,
apart from the regulations of the Affordable Housing overlay/combining zoning district;
3. Adherence to requirements. The project does not use State Density Bonus Law, or any other State or
Federal law, to relieve the project from any of the requirements of the Affordable Housing
overlay/combining zoning district; and
4. Mixed-use development. Where the City’s adopted Form-Based Zone Map designates a “Tier 1”
ground-floor non-residential requirement, the project must adhere to all corresponding regulations
outlined in the adopted Multi-Family Development and Design Standards, established in accordance
with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based
Zone Map adopted).
D. Incentives. The following incentives shall be provided to qualifying projects:
1. Increased density bonus. The following density bonuses shall be offered to projects which provide a
greater percentage of very-low, low-, or moderate-income housing units, by category, than otherwise
required by State Density Bonus Law but less than required to qualify for an additional density bonus
under state law. In no case shall the combination of the density granted under this Section and any
other law result in a total density bonus that is greater than 70 percent. Further, density bonuses
provided for by this Section may not be combined across income categories and shall be calculated
consistent with CMC 21.20.050.A (Number of units) excepting that for Step 2 – the corresponding
percentage density bonus shall be calculated based on the values indicated in the tables below.
Percentage Very-Low-Income Units Percentage Density Bonus
16 53.75
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17 57.5
18 61.25
19 65
Percentage Low-Income Units Percentage Density Bonus
25 51.5
26 53.5
27 55.5
28 57.5
29 59.5
30 61.5
31 63.5
32 65.5
33 67.5
34 69.5
Percentage Moderate-Income Units Percentage Density Bonus
41 38.75
42 42.5
43 46.25
44 50
45 53.75
46 57.5
47 61.25
48 65
49 68.75
2. Expedited permit processing. Projects qualifying for a 60 percent or greater density bonus, in
accordance with CMC Section 21.14.070.D.1., shall be eligible for expedited permit processing as
follows:
i. Ministerial approval. Where the project qualifies for a statutory, or categorical exemption,
from the California Environmental Quality Act (CEQA) (PRC Sections 21000 et. seq) they shall
be processed through a ministerial permit process in accordance with CMC 21.39 (Ministerial
approvals).
ii. Administrative Housing Development Project Permit. For projects that are ineligible for a
ministerial permit process, they shall be processed through an Administrative Housing
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Development Project Permit with the exception that any appeal filed in accordance with the
requirements of Chapter 21.62 (Appeals) shall be referred to the City Council, rather than the
Planning Commission.
3. Extended permit approval. Projects qualifying for an increased density bonus of any amount, in
accordance with CMC Section 21.14.070.D.1., shall be granted a three-year permit approval for the
first approval of all land use entitlements permits. The permit approval period of post-entitlement
permits, such as building permits, and/or land use entitlements granting subsequent extensions of
approval, and/or modifications to the first land use approval, shall not be extended as an incentive of
this Section.
4. Priority funding. Projects qualifying for a 65 percent or greater density bonus, in accordance with this Section, shall be eligible for the priority use of any local affordable housing funds allocated specifically
to the purpose of supporting the development of affordable housing.
5. Reduction in Park In-Lieu Fees. Projects which meet one or more of the following criteria will qualify
for reductions in the fee in lieu of land dedication required by Campbell Municipal Code Section
20.24.080 (Amount of fee in lieu of land dedication) as follows:
Minimum Percentage Lower-Income1
Housing Units
Percentage Reduction in Fee in Lieu of Land
Dedication Required
≥50% 12.5%
≥75% 25%
≥100% 50%
(1) Includes units provided at an affordable ownership cost to moderate-income households, lower-
income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) that are
subject to an affordable housing agreement consistent with the requirements of CMC Section
21.24.060 (Continued affordability and city review of occupancy).
This incentive does not apply to projects receiving financial support of an equivalent or greater value
from the City in accordance with CMC 21.14.070.D.4 (Priority funding) or any other City supportive
housing program. This reduction in fees may be combined with other available credits against the park
land dedication requirements in accordance with CMC Section 20.24.110 (Credits).
E. Establishment of district. The AH overlay/combining zoning district shall be established by ordinance. In
addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code,
and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility
requirements set forth in Section 21.14.070.B. (Eligibility) and specify the characteristics of the project that
were used to make such determination.
Section 8. Campbell Municipal Code Section 21.72.020.L (Definitions, “L.”) is hereby amended to add the definition of “Land use designation, underlying” with underlining
(underlining) indicating new text as follows:
"Land use designation, underlying” or “Underlying land use designation” means the land use designation
of a parcel or property as indicated on the City of Campbell General Plan Land Use Map.
Section 9. Campbell Municipal Code Section 21.72.020.Z (Definitions, “Z.”) is hereby added.
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Section 10. Campbell Municipal Code Section 21.72.020.Z (Definitions, “Z.”) is hereby
amended to add the definition of “Zoning district, base” with underlining (underlining) indicating new text as follows:
"Zoning district, base” means the zoning district of a parcel or property as indicated on the City of
Campbell Zoning Map, in accordance with Campbell Municipal Code Chapter 21.06 (District Boundaries), other than
the Overlay/Combining District.
Section 11. 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 12. The proposed amendments serve to implement the 2040 General Plan and 2023-203 Housing Element and are therefore found consistent with the Final Programmatic Environmental Impact Report (EIR) prepared for the Envision Campbell 2040 General Plan
and Campbell’s Plan for Housing 2023-2031 Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes are categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not
result in direct or indirect physical change in the environment pursuant, respectively. Section 13. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan and 2023-2031 Housing Element.
Section 14. 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
Atachment B
Atachment B
To: Chair Zisser and Planning Commissioners Date: January 22, 2024
From: Daniel Fama, Senior Planner
Via: Rob Eastwood, Community Development Director
File No.: Item No. 3 (946 S McGlincy Ln.) Correspondence
Three emails regarding the 946 S McGlincy Ln. application from neighboring residents received
after publication of the agenda packet are enclosed for the Commission's consideration.
Enclosed:
➢ Dave Riggio (2024-01-21)
➢ Jon Jani (2024-01-22)
➢ Kevin Shannon (2024-01-22)
MEMORANDUM
Community Development Department
Planning Division
2
Los Angeles/Long Beach
Orange County
San Diego County
San Jose/Santa Clara County
Santa Barbara/Central Coast
www.epath.org
January 22, 2024
The Honorable Commissioner Adam Buchbinder
City of Campbell - Planning Commission
70 N First Street
Campbell, CA 95008
Dear Chair Buchbinder,
On behalf of PATH, we are writing to share our support for item #5 (PLN-2023-155) on the Planning
Commission’s January 23, 2024 agenda.
As you may know, PATH is one of the most impactful homeless service providers in California and our
housing development arm, PATH Ventures, has nearly 3,350 affordable and supportive homes
constructed or in pre-development. This work includes a 90-unit site planned for Winchester Station, in
partnership with the VTA, Related CA and the City of Campbell.
We are thankful for the City’s commitment to the development of affordable housing, including the
Housing Overlay Zoning Districts that are under discussion today. The steps you are proposing to help
incentivize new development are best practices in our field and can help to limit the costly delays and
roadblocks that developers like us frequently encounter.
We urge you to support this item and continue working with us and other fellow affordable housing
developers to address the twin housing and homelessness crises in Campbell and across Silicon Valley.
Please do not hesitate to contact our Senior Director of Public Policy, Zach Schlagel, at (619) 709-4677.
Sincerely,
Jennifer Hark Dietz
Chief Executive Officer
PATH
Cc:
Alan Zisser, Vice Chair
Matt Kamkar
Mike Krey
Maggie Ostrowski
Cori Majewski
Davis Fields