10-24-2023 PC Agenda Packet
Planning Commission
REGULAR MEETING AGENDA
Tuesday, October 24, 2023 | 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 October 10, 2023 (Roll Call Vote)
➢ Meeting Minutes, 10/10/2023 (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 October 24, 2023 Pg. 2
2. PLN-2023-83– 43 Harrison Avenue
Public Hearing to consider the request of Salvatore Caruso on behalf of Ainsley Plaza LLC
to allow establishment of an outdoor "beer garden" inclusive of a freestanding bar,
restroom facilities, mobile food truck staging, seating area, live entertainment platform,
trash enclosure, children's play structure, a 14-ft tall entry gate, and related site
improvements; and minor exterior alterations to a Structure of Merit commonly known
as the Ainsley Corporation Headquarters Building, related to its adaptive reuse as a
restaurant with indoor dining space and new kitchen facilities, on property located at 43
Harrison Avenue. The applications under consideration include a Conditional Use Permit
with Site and Architectural Review to allow Outdoor Retail Sales and Activities (the "beer
garden"), Late Night Activities (staff closing/clean-up after 11:00 PM), a Liquor
Establishment (on-sale beer and wine service), and Dancing and/or live Entertainment
Establishment; and a Tier 1 Historic Resource Alteration Permit. File No.: PLN-2023-82.
Staff is recommending that this project be deemed Categorically Exempt under CEQA.
Project Planner: Daniel Fama, Senior Planner.
Recommended Action: Adopt a Resolution (reference Attachment A), approving a
Conditional Use Permit with Site and Architectural Review and a Tier 1 Historic Resource
Alteration Permit.
OLD BUSINESS
3. PLN-2023-175 – Study Session on Permissibility of Land Uses
Study Session to review and provide feedback on recommendations from the Planning
Commission’s Ad-Hoc Economic Development Advisory Committee on proposed
amendments to the Campbell Municipal Code related to the permissibility of land uses in
commercial, office, and industrial zoning districts to support objectives targeting business
attraction and retention identified during preparation of the City’s updated Economic
Development Plan.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ADJOURNMENT
Adjourn to the Planning Commission meeting of November 14, 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, October 10, 2023 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of October 10, 2023 was called to order at 7:30 pm by
Chair Buchbinder, and the following proceedings were had to wit.
ROLL CALL
Members present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Stephen Rose, Senior Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of September 26, 2023 (Roll Call Vote)
➢ Meeting Minutes, 9/26/2023 (Regular Meeting)
➢ All commissioners present approved meeting minutes.
COMMUNICATIONS
None
AGENDA MODIFICATIONS OR POSTPONEMENTS
None
Planning Commissioners Present:
Adam Buchbinder, Chair
Alan Zisser, Vice Chair
Davis Fields
Michael Krey
Planning Commission Absent
Maggie Ostrowski
Cori Majewski
Matt Kamkar
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 2
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 and Closed Public Comment, no public comments were received.
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.
2. PLN-2023-155 – Study Session on Housing Overlay Districts and Related
Amendments
Study Session to review and provide feedback on the development of new Housing
Overlay zoning districts and related amendments to the Campbell Municipal Code and
Zoning Map. File No.: PLN-2023-155. Project Planner: Stephen Rose, Senior Planner.
Senir Planner Stephen Rose presented and facilitated a Study Session on Housing Overlay Districts
and Related Amendments.
Background and purpose of Study Session was stated as follows:
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 3
Part 1 of the Study Session covered the following:
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 4
Senior Planner Rose completed Part 1 of the Study Session and paused Study Session for Questions
/ Feedback from the Public and/or Planning Commission.
Chair Buchbinder opened and closed public comment
Policy Consideration #1: Should the AHOZ be designed to compete with, or complement, State
Density Bonus Law?
The Planning Commission was supportive of staff’s recommendation to establish a
“complementary” AHOZ. The Planning Commission recognized the benefits outlined by the
approach and noted that this approach was consistent with the majority of the jurisdictions
surveyed.
Policy Consideration #2: Establishing Local Priorities and Incentives (“Tradeoffs”) In developing
an AHOZ, the City must also establish a list of local priorities and identify appropriate incentives
to be offered in exchange
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 5
Several members of the Planning Commission questioned the importance of maintaining the City’s
maximum height limit and the relevance of the City Ballot Measure from over thirty years in the
past (1986). Instead, individual members of the Commission expressed greater interest in ensuring
mixed-use development and reasonable heights in the Downtown, achieving sufficiently
varied/modular design outcomes (i.e., avoiding “cookie cutter” development), and preserving
adjacency standards that serve to protect single-family areas. In terms of potential incentives, the
Planning Commission expressed concern with offering financial incentives, favoring other options
identified – with an emphasis on allowing for Ministerial (“By-Right”) Permit processing for
compliant projects. In establishing potential project incentives, the Planning Commission further
questioned whether the City could be more targeted in their application (i.e., waiving the
requirement to underground utilities for only specific properties, or for only projects of a certain
size). In response, staff advised that incentives could be established by the size, or number of units
produced by a project (noting that smaller projects tend to benefit more from waiving utility
undergrounding requirements), but rather assigning incentives on a site-by-site basis, to consider
broader policy approach – such as waiving utility undergrounding requirements except on key
image streets (i.e., Hamilton Avenue, Bascom Avenue, Winchester Boulevard, Campbell Avenue).
Policy Consideration #3: Identification of Policy Area
The Planning Commission supported the staff’s recommendation for a Citywide AHOZ excepting
single-family properties.
Part 2 and Part 3 of the Study Session covered the following:
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 6
The Planning Commission acknowledged the requirement to establish a Reuse Overlay and did
not provide further comment.
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 7
Senior Planner Rose completed Part 2 and Part 3 of the Study Session. Welcomed Questions /
Feedback from the Public and/or Planning Commission.
By-Right Overlay Option #1: Reuse Sites + Highest Density (1,067 units / 29 sites).
Under this approach, all of the reuse sites that are already subject to ministerial review (discussed
under II. above) would be also included in the By-Right Overlay.
By-Right Overlay Option #2: Reuse Sites + Lowest Density (1,039 units / 27 sites) 13 Packet Pg.
143Housing Overlay Zoning Districts Page 12 of 15 Similar to Option 1, Option 2 would include all
eligible sites in the Reuse Housing Overlay, but instead of targeting high-density sites, include the
minimum number of low density sites (sites starting at 26-33 units per gross acre; First
Congressional Church on Hamilton) necessary to meet the City’s lower-income housing shortfall of
1,024 units. In total, Option 2 would provide for the ministerial review of 1,039 units on 27 sites.
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 8
By-Right Overlay Option #3 (Staff Rec.): Protect Mixed-Use (1,029 units/ 17 sites) Option 3 aims
to protect mixed-use sites.
Under this option, only one mixed-use site (located in the Campbell Plaza Shopping Center –
Safeway Site on Winchester Blvd.) would be impacted.
The Planning Commission expressed broad support for Option 3, generally finding that preserving
the requirement for mixed-use to be more important than providing the opportunity for a
discretionary review process. Individual members noted that the preservation of mixed-use may
not be as critical everywhere it is required (i.e., more important in Downtown than at Campbell
Plaza on Winchester Boulevard) and that it may be important to consider which sites are most
important to protect. In contrast with this point, other members of the Planning Commission felt
that it would be favorable to rely on existing maps identifying where mixed-use development
should be required, rather than revisiting the subject.
Staff will develop a refined list of potential priorities and concessions and solicit feedback on their
effectiveness from developers (including affordable housing developers). Further, staff will solicit
feedback from property owners of sites identified for potential inclusion in a Housing Overlay.
Accounting for this feedback, staff will return with completed Ordinances and Overlay Zones for
review by the Planning Commission, and consideration of adoption by the City Council, later this
year.
OLD BUSINESS
3. Ad hoc Subcommittees Discussion
The assembled ad hoc Subcommittees may provide updates of their activities, as
applicable, to the Planning Commission.
Economic Development Subcommittee for Planning Commission presented.
Campbell Planning Commission Meeting Minutes – October 10, 2023 Page 9
Commissioner Fields provided a recap on the goals and efforts of the subcommittee.
Principles for Permit updates will focus on:
• Identifying areas to streamline permitting for land uses as an overall efficiency
measure and responding to business feedback / market demand.
• Avoid streamlining of land use that require a more thoughtful / long range economic
development strategy
• Avoid streamlining land uses that require significant stakeholder engagement or that
have legacy issues.
• Use zoning tools with streamlining that prevent unintended consequences.
Next steps:
• Subcommittee will share full set of recommendations with respective stakeholders.
• Planning Commission will review and vote on the full set of recommendations during
the October 24, 2023 regular Planning Commission meeting.
• If approved, the recommendations will be included in the broader set of Economic
Development proposals that City Council will be reviewing, leading up to a vote in
early 2024.
Report of the Community Development Director
Director Eastwood reported that:
• Four semi-permanent parklets are nearing completing construction.
• Environment Program Specialist will start October 16, 2023.
• Housing Program Manager recruitment is close to being completed.
ADJOURNMENT
Adjourned meeting at 9:43 p.m. to the next Regular Planning Commission Meeting on Tuesday,
October 24, 2023, 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 ∙ October 24, 2023
PLN-2023-82
Ainsley Plaza LL
Public Hearing to consider the request of Salvatore Caruso on behalf of
Ainsley Plaza LLC to allow establishment of an outdoor "beer garden"
inclusive of a freestanding bar, restroom facilities, mobile food truck staging,
seating area, live entertainment platform, trash enclosure, children's play
structure, a 14-ft tall entry gate, and related site improvements; and minor
exterior alterations to a Structure of Merit commonly known as the Ainsley
Corporation Headquarters Building, related to its adaptive reuse as a
restaurant with indoor dining space and new kitchen facilities, on property
located at 43 Harrison Avenue. The applications under consideration include
a Conditional Use Permit with Site and Architectural Review to allow
Outdoor Retail Sales and Activities (the "beer garden"), Late Night Activities
(staff closing/clean-up after 11:00 PM), a Liquor Establishment (on-sale beer
and wine service), and Dancing and/or live Entertainment Establishment; and
a Tier 1 Historic Resource Alteration Permit. File No.: PLN-2023-82
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1.Adopt a Resolution (reference Attachment A), approving a Conditional Use Permit with Site and
Architectural Review and a Tier 1 Historic Resource Alteration Permit.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission accept the determination that this project is
Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA)
Guidelines, pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of an existing private structure, as well under Section 15331 pertaining to projects involving
the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources.
PROJECT DATA
Zoning | GP Designation: CB-MU | Central Business Mixed-Use
Net Lot Area: 11,200 square-feet
Building Height (New): 24 feet 45 feet (Max. Allowed)
Building Square Footage :
Existing Building: 1,292 square feet
Trash Enclosure: 150 square feet
Outdoor Bar/Restroom: 1,312 square feet
2,754 square feet (Total Size)
Floor Area Ratio (FAR) 0.245 1.25 (Max Allowed)
Parking: 0 stalls 0 stalls required
Staff Report – Planning Commission Meeting of October 24, 2023 Page 2 of 15
PLN-2023-82 ~ 43 Harrison Avenue
DISCUSSION
Project Site: The project site is an approximately 11,000 square-foot parcel located in Downtown
Campbell west of the Ainsley Park parking lot and north of the adjacent alley, as shown on the aerial
map, below. The property is within the newly renamed CB-MU Zoning District and Central Business
Mixed-Use General Plan land use district.
The subject property is developed with a commercial office building, a designated Structure of Merit
commonly known as the Ainsley Corporation Headquarters Building that was constructed in 1937, as
noted in the City's DPR form (reference Attachment B). The structure is a rectilinear brick building in
what the City's 1987 From Homestead to Heritage – A Guide to Historic Preservation and Heritage
Resources in Campbell classifies as a "commercial brick" style building, as excerpted, below:
The building was constructed to face Harrison Avenue, which now has been repurposed to a City
parking lot. The rear of the property remains undeveloped, as shown, below:
Staff Report – Planning Commission Meeting of October 24, 2023 Page 3 of 15
PLN-2023-82 ~ 43 Harrison Avenue
Proposed Project: The submitted application for a Conditional Use Permit with Site and Architectural
Review and Tier 1 Historic Resource Alteration Permit would allow establishment of an outdoor "beer
garden" inclusive of a freestanding bar, restroom facilities, mobile food truck staging, seating area, live
entertainment platform, trash enclosure, children's play structure, a 14-ft tall entry gate, and related site
improvements; and minor exterior alterations to a historic building, related to its adaptive reuse as a
restaurant with indoor dining space and new kitchen facilities (reference Attachment C and D – Project
Plans and Description).
As depicted on the site plan, below, the majority of the lot would be repurposed as the outdoor seating
area ("beer garden") placed atop the existing decomposed granite ("DG") surface. The seating area
would be illuminated with string lighting as depicted by the grid pattern, extending from the mature
oak tree to a new light pole. The new restroom/outdoor bar building would be constructed at the
northwest corner of the site and the trash enclosure as the southwest corner, flanked by a children's
play structure. The existing building, which would incorporate indoor seating and kitchen facilities,
would be accessed by a new ramp at the rear. Pedestrian access into the property would be provided
via an entry gate at the southerly property line adjacent to the alleyway. Customers would also be able
to enter the site from the adjacent parking lot where a new walkway adjacent to the driveway would be
created. A food truck parking pad, bicycle rack, and propane storage cage would be situated along the
northerly property line.
Operationally, food service would be provided by food trucks that would rotate on a weekly basis, as
well as a new kitchen facility in the historic building. The food trucks would enter the site from the
public parking lot via an existing paved driveway and then park on the designated concrete parking
pad. Beer and wine service would be provided from the new outdoor bar under a "Type 41" license.
The proposed hours for the establishment are as follows:
• Public Business Hours: 11:00 AM to 11:00 PM, daily
• Operational Hours: 6:00 AM to 12:00 AM, daily
• Live Entertainment Hours: 11:00 AM to 10:00 PM, daily
Staff Report – Planning Commission Meeting of October 24, 2023 Page 4 of 15
PLN-2023-82 ~ 43 Harrison Avenue
ANALYSIS
Scope of Review: The City's new General Plan and revised Zoning Code went into effect on June 2,
2023. New Campbell Municipal Code (CMC) Section 21.030.050 provides a limited "safe harbor"
provision for applications submitted prior to this date, indicating that they "may be carried out, or
extended, in accordance with the development standards and permitting procedures in effect at the time
of project submittal…" This application was received by the City on May 22, 2023, and therefore is
evaluated under the provisions of the Zoning Code prior to the recent update. However, the
development standards applicable to the project did not change, with the exception of new noise
standards, which has yet to be implemented.
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 review. This application requires establishment of several sets of findings, including those for a
Conditional Use Permit, Site and Architectural Review Permit, Tier 1 Historic Resource Alteration
Permit, as well additional findings for the requested alcohol-service ("liquor establishment") and
increased fence height ("fence exception"). The following analysis identifies each of the applicable
findings in italics and how the proposed project satisfies them.
Conditional Use Permit Findings (CMC Sec. 21.46.040): These findings pertain to the proposed
conditional use components of the application, as discussed below.
A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit
approval, and complies with all other applicable provisions of this Zoning Code and the
Campbell Municipal Code;
Yes. The project site is located within the renamed CB-MU (Central Business Mixed-Use)
Zoning District, which was formally known as the C-3 (Central Business District) under the
prior General Plan. This Zoning District is reserved for the historic core of Downtown
Campbell, defined by the "loop streets" of Civic Center and Orchard City Drives, and is
intended to promote the following objectives, as stated by CMC Sec. 21.11.020.A.1:
• To retain and enhance the Downtown area as a unique and economically viable retail and
business center serving local and area wide commercial needs;
• To reinforce Campbell Avenue as a pedestrian-orientated retail street;
• To promote ground floor retail use, upper floor commercial and residential uses where
appropriate and a suitable mix of uses in the Downtown area;
• To establish development intensities consistent with the scale of the central business area
and the amount of parking which can be accommodated within and adjacent to it;
• To maintain the pedestrian scale, character, and diversity of a small town business district;
• To improve pedestrian, visual, and vehicular connections between the Downtown and
adjacent areas;
• To preserve and enhance significant historic structures within the Downtown area; and
• To ensure that new construction in the Downtown area is of a high architectural design
quality while accommodating suitable architectural diversity.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 5 of 15
PLN-2023-82 ~ 43 Harrison Avenue
Consistent with these objectives, the CB-MU has a tailored list of permitted and conditional land
uses that were adopted in 2020. This proposal includes four distinct conditionally permitted land
uses, including: (1) "outdoor retail sales and activities," (2) "late night activities," (3) "liquor
establishment," and (4) "dancing and/or live entertainment establishment." The conditional land
uses, as described below are allowable upon approval of the requested Conditional Use Permit.
• Outdoor Retail Sales and Activities: The core use of this application is the "beer garden"
element, which as commonly understood is an open-air area where beer and wine, alongside
with food, are served in a communal setting traceable to 19th century Bavaria. Although a
common business model, the term "beer garden" does not appear in the City's Zoning Code.
However, the concept reasonably satisfies the definition of "outdoor retail sales and
activities," which includes businesses that are "not conducted entirely within an enclosed
structure," and therefore may be considered for approval.
"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments including
auction yards, flea markets, flower stands, lumber and other material sales yards, newsstands, outdoor
facilities for the sale or rental of vehicles/equipment, and other uses where the business is not conducted
entirely within an enclosed structure. Does not include the sale of automobiles and recreational vehicles
("motor vehicle sales").
• Liquor Establishment: With the exception of restaurants without a separate bar, the
provision of beer and wine beverages for on-site consumption is classified as a "liquor
establishment," as defined below. The conditional use permit process allows the City to
impose operational requirements as conditions of approval to ensure that the serving of
alcoholic beverages remains ancillary to food service. In the Downtown, this also means
compliance with the Downtown Alcohol Beverage Policy.
"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
• Dancing and/or Live Entertainment Establishment: The proposed use would include a small
platform to allow live entertainment for the enjoyment of patrons, which is included in the
definition of "dancing and/or live entertainment establishment," below. Although the exact
form of live entertainment cannot be regulated by the City as protected speech, the City can
restrict the size of the performance stage, placement of speakers, and similar operational
elements as part of the conditional use permit review. The proposal does not identify a
designated dance floor/platform, however may patrons may dance on their accord.
"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue
intended to allow patrons to dance and/or listen to live entertainment, as defined by Section 5.24.010(b).
Does not include non-commercial expressive activity protected by the United States or California
constitutions or the listening of recorded music without a dancing venue.
• "Late Night Activities": The applicant is seeking a public closing time of 11:00 PM, which
would necessitate staff clean-up activity afterwards. As a result, this application is also
classified as a "late night activity" per the definition, below.
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m.,
including, but not limited to, the provision of goods and services to the public and all ancillary activities
such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar
activities. "Late night activities" do not include the lawful, reasonable and customary use of residential
uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of
other properties.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 6 of 15
PLN-2023-82 ~ 43 Harrison Avenue
B. The proposed use is consistent with the General Plan;
Yes. The General Plan land use designation for the project site is Central Business Mixed Use.
As described by the General Plan this designation is intended to encourage "shopping, service,
and entertainment uses within a pedestrian oriented urban environment." The proposed use of
the property as an active "beer garden," with food service, and live entertainment, would further
this vision by bringing enhanced vibrancy to the Downtown.
Moreover, the proposal would be consistent with the multiple policies and actions of the new
2040 Campbell General Plan, which speak to fostering Downtown as a hub for dining, culture,
and boutique retail, while promoting unique projects reflecting Campbell’s history and
enhancing public spaces and maintaining consistency with existing policies. This application
would be consistent with these policy goals.
Policy LU-5.1: Ensure that new development within the Downtown Area complies with the
requirements of the Campbell Downtown Development Plan.
Policy LU-5.4: Encourage restaurant and specialty retail uses in the Downtown commercial area that
will foster a balance of day and evening activity.
Policy LU-5.6: Continue to implement the Downtown Alcohol Beverage Policy.
Policy ED-6.2: Position Downtown as the local focal point for fine dining, arts, culture, history,
entertainment, and boutique retail activity
Policy ED-6.4: Promote and prioritize new and expanded development in Downtown, consistent with
the standards established by the zoning code, the Downtown Development Plan, and
the East Campbell Avenue Master Plan.
Action ED-6.c: Promote diverse community uses, including but not limited to, distinctive outdoor
dining areas, public art, and social gathering areas in mixed-use and commercial areas
of Downtown.
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. To accommodate the proposed use of the property, the new outdoor bar building would
include new restrooms and storage space for the business. The property will also be improved
with a new refuse enclosure. The enclosure has been sized to fit three receptacles to
accommodate the refuse, recycling, and composting needs of the business. The size and layout
of the enclosure has been reviewed by DPW staff in coordination with the City's waste
management servicer, West Valley Collection & Recycling (WVCR). And although the subject
property is not required to provide on-site parking (due to its proximity to the Downtown
Campbell Light-Rail Station), patrons will continue to have access to nearby public parking
facilities.
With regard to landscaping, the property has various shrubs and trees located generally along
the perimeter of the site. The project will impact three trees, which have been surveyed by an
arborist (reference Attachment E). Two of the trees adjacent to the restroom/bar building will
be removed but are of minimal size and are not "protected". Other trees may be preserved during
construction with appropriate measures. Shrubbery along the westerly property line will also
be removed to accommodate construction of the new structures.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 7 of 15
PLN-2023-82 ~ 43 Harrison Avenue
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 of use did not require a traffic study per the thresholds established
by the VTA Congestion Management Program; therefore the project will not have a discernible
effect on traffic congestion in the area. Additionally, since the project site is ½ mile from a
Downtown Campbell light-rail station, a Vehicles-Miles-Traveled (VMT) analysis is not
required per the City's VMT policy.
E. The design, location, size, and operating characteristics of the proposed use are compatible
with the existing and future land uses on-site and in the vicinity of the subject property; and
Yes. The project site is across the street from residences located along Harrison Avenue and
Civic Center Drive. At staff's request, the applicant procured a noise study to ascertain the
extent of noise impacts related to the live entertainment, which is included as Attachment F,
specifically the sound generated by musical instruments, amplification, and the outdoor
speakers. The study determined that with inclusion of electronic limiting of the audio system to
limit speaker volume, the project would not exceed the applicable noise standards, and therefore
not present a noise impact to the nearby residences.
Moreover, as noted, live entertainment would cease at 10:00 PM, daily. If the City receives
verified noise complaints, a standard condition of approval would allow the Community
Development Director to work with the business owner to address the issue(s), and if necessary,
curtail the hours for entertainment, subject to commencement of a hearing with the Planning
Commission. Similarly, live entertainment is also subject to a Live Entertainment Permit issued
by the City Council that may be revoked or modified by the Police Chief to address related
issues,
F. The establishment, maintenance, or operation of the proposed use at the location proposed will
not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons
residing or working in the neighborhood of the proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the city.
Yes. The provision of beer and wine beverages in association with food service in a "beer
garden" setting with live entertainment is an appropriate land use for Downtown. Through
compliance with the recommended conditions of approval, contained in the draft resolution, the
proposed use of the property would not impair the normal operation of nearby businesses nor
impair the reasonable enjoyment of nearby residences.
Special findings for Liquor Establishments (CMC Sec. 21.36.115). In addition to the required
findings for a Conditional Use Permit, above, the Zoning Code also requires the Planning Commission
to affirmatively establish five special findings for liquor establishments, listed in italics below:
A. Over concentration of uses. The establishment will not result in an over concentration of these
uses in the surrounding area;
Yes. In consideration of this finding, the Planning Commission must determine how to apply
the term "surrounding area" as the Zoning Code does not provide a definition. Most recently,
the Planning Commission has applied this term to mean the mapped boundaries of a master
plan area (e.g., Downtown Development Plan, Winchester Boulevard Master Plan, etc. ) or a
Staff Report – Planning Commission Meeting of October 24, 2023 Page 8 of 15
PLN-2023-82 ~ 43 Harrison Avenue
specific shopping center (e.g., Hamilton Plaza, Campbell Plaza, etc.). Staff recommends
continuing this recent practice to ensure greater consistency in overconcentration analyses as
applied to different areas of the City.1
Downtown Campbell, as defined by the Downtown Development Plan boundary in Figure LU-
2 (Special Planning Areas [Map]) of the new Campbell General Plan (reference Attachment
G) is approximately 38 acres in area (inclusive of the Civic Center grounds2), with 27 currently
licensed alcohol-serving establishments, inclusive of four restaurants with beer & wine (Type
41 license), 21 restaurants with "general" sales (Type 47 license), and two stand-alone bars
(Type 48 license), as listed in Attachment H and mapped in Attachment I.
Approval of the applicant's request would result in 28 alcohol-serving establishments, resulting
in a concentration of approximately one establishment per 1.35 acres, as listed below. This ratio
is approximately 25% less than that of the Pruneyard, where the City Council explicitly found
that there was not an overconcentration with 25 "on-sale" licenses on the 27-acre shopping and
office center when it approved the Pruneyard Master Use Permit in 2016. Given the benchmark
established by the Pruneyard of approximately one establishment per acre, staff recommends
the Commission find that no overconcentration would result from the applicant's request.
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise,
traffic, vandalism, or other factors;
Yes. As required by the Downtown Alcohol Beverage Policy, standard conditions of
approval have been included that will ensure that the operation will not be operated in a
manner that would result in nuisance activity. Moreover, in the event the business generates
three verifiable complaints related to violations of its conditions of approval, the
Community Development Director may schedule a revocation/modification hearing with
the Planning Commission.
1 Although the City's "over concentration" criteria may sound similar to the ABC's "undue concentration" standard, the two
concepts are entirely different. For a complete comparison, please see Item No. 1 (136 N. San Tomas Aquino Rd.) of the
May 10, 2022, Planning Commission agenda.
2 Prior staff analyses exclude the Civic Center, as well as other areas of the Downtown Development Plan boundary that
overlap with other area/master plan boundaries. However, with adoption of the new General Plan, all of the plan
boundaries have now been "officially" established such that this and future analysis will refer to the boundaries as
mapped by Figure LU-2 (Special Planning Areas).
Plan Area/Shopping Center Size (in Acres) Approved "On-Sale"
Liquor Licenses
Liquor Licenses
per Acre
Hamilton Plaza Shopping Center 12 2 1 per 6 acres
Kirkwood Plaza Shopping Center 12 2 1 per 6 acres
San Tomas Plaza Shopping Center 9 3 1 per 3 acres
Campbell Plaza Shopping Center 11 5 1 per 2.2 acres
East Campbell Ave. Master Plan 14 5 1 per 2.8 acres
Downtown Campbell 381 27 (current) 1 per 1.40 acres
28 (proposed) 1 per 1.35 acres
Pruneyard Shopping Center 27 252 1 per 1.08 acres
(1) Defined by the Downtown Development Plan boundary as depicted on General Plan Figure LU-2 (Special Planning Areas)
(2) The maximum number of "on-sale" licenses authorized by the Pruneyard Master Use Permit
Staff Report – Planning Commission Meeting of October 24, 2023 Page 9 of 15
PLN-2023-82 ~ 43 Harrison Avenue
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace
and enjoyment of the nearby residential neighborhood; and
Yes. The requested beer and wine service, consistent with the Downtown Alcoholic
Beverage Policy, would not result in activity that would adversely affect the neighborhood,
such as excessive inebriation or violent or lewd behavior, or loitering. Such behavior, if
unaddressed, would constitute violations of the Conditional Use Permit
D. Not increase demand on services. The establishment will not significantly increase the
demand on city services.
Yes. As discussed below, the proposal is consistent with the Downtown Alcohol Beverage
Policy, in that the establishment will maintain alcoholic beverage service as an ancillary
element to food service. As such, it is not foreseeable that operation of the proposed
operation will result in additional demand for City services, such as Police, Planning,
Environmental Services, or Code Enforcement. In particular, Police staff indicated no
objection to the application provided the business did not stay open to the public past 11:00
PM and was limited to beer and wine only.
E. Downtown Alcohol Beverage Policy. The establishment would be consistent with the
Downtown Alcohol Beverage Policy, when applicable.
Yes. The Downtown Alcohol Beverage Policy is an implementation tool of the Campbell
General Plan and Downtown Development Plan that regulates the operational
characteristics of alcohol-serving restaurants. The Policy is designed to ensure that alcohol
beverage service remains ancillary and subordinate to the primary purpose of serving food
such that restaurants do not evolve into bars or nightclubs. Specifically, the Policy
establishes the following operational standards for restaurants with separate bars and
recommended hours of operation:
a. Unless otherwise approved by the Planning Commission the bar area is restricted to having no more
than 25% of the total seating allowed for the establishment.3
b. The bar cannot stay open past the hours of operation of the restaurant.
c. Full menu food service must be provided at all times.
d. Live entertainment is limited to live musicians complimentary to the primary purpose of providing meal
service.
e. Alcohol beverage service in the dining room area is only allowed in conjunction with food service.
Additionally, the dining room area may not be converted to a bar or dance area.
f. Meal service must be permitted in the bar area.
g. Specific hours of operation are determined by the Planning Commission upon issuance of a Conditional
Use Permit. It is strongly recommended that Conditional Use Permits for establishments for on-site
consumption of alcohol beverages be limited to a closing time of no later than 12:00 AM.
h. Outdoor seating areas are considered part of the dining area and shall be closed down by 11:00 PM.
i. Doors and windows shall remain closed after 10:00 PM.
3 A "bar area" is defined as a "separate area, tables, or a room intended primarily for serving alcoholic beverages." (CMC
21.10.060.F.1.b)
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PLN-2023-82 ~ 43 Harrison Avenue
The Downtown Alcohol Beverage Policy did not account for a "beer garden" style business.
However, as previously described, the business would incorporate food from both from the
rotating series of food trucks and from the kitchen facility in the historic building, allowing
the business to function in a manner consistent with the above provisions to ensure that
alcohol remains a secondary feature. This is evidenced by both the relative compactness of
the bar area—only eight seats—and the operator's intention (and obligation) to obtain a
"Type 41" license, which is the license type granted to eating establishments, rather than to
taverns and bars. Conditions of approval formalizing all of the above requirements are
included in the draft resolution for approval.
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B): These findings pertain to
the construction of new supporting buildings proposed by this application.
A. The project will be consistent with the general plan.
Yes. The design of the new buildings and the overall site configuration reflect a contextually
appropriate approach intended to safeguard the integrity of the historic building and highlight
the property's Downtown location consistent with following General Plan policies and actions.
The end result will be a distinctive business operation unique in Downtown Campbell.
Policy COS-5.1: Protect significant historic resources and use these resources to promote a sense of place
and history in Campbell through implementation of the Historic Preservation Ordinance,
Historic Design Guidelines for Residential Buildings, the conservation and preservation of
the city’s historical collection at the Campbell Museum, and other applicable codes,
regulations, and area plans.
Policy COS-5.3: Use the preservation standards outlined in the city’s Historic Design Guidelines for
Residential Buildings and the current Secretary of the Interior’s Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings, for properties listed, or eligible for listing, on the city’s
Historic Resource Inventory.
Policy CD-1.3: Through implementation of the city’s design review process, encourage creative, high-
quality, innovative, and distinctive architectural and site designs that help create unique,
vibrant places.
Policy CD-1.6: Preserve, rehabilitate or restore the city’s historic buildings, landmarks, districts and cultural
resources and retain the architectural integrity of established building patterns within
historic residential neighborhoods to preserve the cultural heritage of the community.
Policy CD-1.7: Encourage adaptive reuse of and incorporation of the city’s historic buildings and structures
for new development projects, when feasible.
Action ED-6.a: Encourage development projects and activities in the Downtown that are distinctive,
are designed to reflect Campbell’s history, and include components that promote a
sense of place, either through providing public spaces, venues for community activities,
or community art and culture.
Action ED-6.d: Implement lighting, streetscape, and public art improvements to make Downtown a
safer, more pedestrian-friendly place.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 11 of 15
PLN-2023-82 ~ 43 Harrison Avenue
B. The project will aid in the harmonious development of the immediate area.
Yes. The business would also bring new pedestrian activity to
the adjacent alley as well as to the public walkway that connects
the Civic Center Drive sidewalk to the interior alleyway (photo,
right). This walkway was created on the adjacent property (54 N
Central Avenue) when it was developed. It is publicly accessible
by way of a recorded easement, as well as a written declaration
to which the City is a party, such that it is functionally
permanent.
Historically, the walkway has seen little use, other than by the
occasional unhoused individual. As such, staff—inclusive of
Police Department personnel—recommends that additional
lighting be installed as part of this project. A condition of
approval will require the applicant to work with staff to provide a combination of an additional
light pole and/or pack lights to provide illumination onto the walkway for increased safety.
Similarly, staff also recommends that the shrubbery adjacent to the walkway be removed so
that there is maximum two-way visibility between the walkway and the project site. With
greater visibility and additional lighting, the walkway should see additional usage, aiding in the
harmonious development of the immediate area. These recommendations would also be in
furtherance of General Plan Action SA-4.a that speaks to using the development review process
to facilitate public safety:
Action SA-4.a: As part of the development review process, continue to consult with the Police
Department in order to ensure that the project does not impair the provision of police
services through inappropriate site design. The use of physical site planning as an
effective means of preventing crime, including lighting, visibility, and video
surveillance requirements shall be determined by the Police Department, where
applicable.
C. The project is consistent with applicable adopted design guidelines, development agreement,
overlay district, area plan, neighborhood plan, and specific plan(s).
Yes. The architectural design of new and remodeled buildings in the Downtown is governed by
the CB-MU Zoning District's Design Standards which provide standards for "building mass,"
"building form and composition," "storefronts," "materials, colors, and finishes," and "other
elements," as excerpted in Attachment J. However, these provisions are largely intended to
apply to construction of new principal structures, particularly those that front upon public streets
and therefore, have little applicability to this project since the new construction is limited to
supporting buildings.
However, as supporting structures to an historic building, the new construction has been
designed to complement the commercial brick style of the Ainsley Corporation Headquarters
Building. Each would incorporate brick material that is similar, but not identical to that historic
material, as shown, below. The use of the corrugated metal roofing is also evocative of the
"cannery style" as exhibited by the Water Tower Plaza complex.
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PLN-2023-82 ~ 43 Harrison Avenue
This approach would be consistent Downtown Development Plan Policy D-4.1 (Historic
Preservation and Redevelopment Compatibility), which indicates that new development be
"compatible in design" with existing developments, as well as Policy D-1.2 which indicates that
new development should reflect "traditional architectural style, articulation and details that
reflect the City’s history and promote its future."
Policy D-4.1: Historic Preservation and Redevelopment Compatibility: The small town character of
Downtown Campbell shall be maintained by encouraging the preservation of important
historic resources, promoting the improvement of existing properties and businesses, and
encouraging new development compatible in design with existing and newly approved
development.
Policy D-1.2: Building Articulation: Given the unique character of the Downtown district, new
development and major rehabilitation projects shall incorporate the traditional
architectural style, articulation and details that reflect the City’s history and promote its
The project would also be consistent with Downtown Development Plan Policy LU-1.1 and
Goal LU-6 by activating an underutilized parcel that would further support the concentration
of commercial activity on the easterly side of Downtown, and towards Civic Center Drive
Policy LU-1.1: Development Potential: To maximize the development potential of property within the
CB-MU zone, particularly ground floor retail, restaurants, and other pedestrian oriented
uses.
Goal LU-6: To promote and encourage development along the loop streets, and beyond.
Tier 1 Historic Resource Alteration Permit Findings (CMC Sec. 21.46.040): The Historic
Preservation Ordinance specifies that "all discretionary applications affecting a historic resource shall
be reviewed in accordance with section 21.33.080 (Tier 1 Permit)…" As this application will directly
and indirectly affect the Structure of Merit it must also be reviewed for consistency with the findings
for approval for a Tier 1 Historic Resource Alteration Permit, as follows:
1. The proposed action is consistent with the purposes of this chapter and the applicable
requirements of the Municipal Code;
Yes. As noted, the project site is located in the Central Business Mixed-Use (CB-MU) Zoning
District, which allows for the proposed "beer garden" use of the property by approval of a
Conditional Use Permit by the Planning Commission.
2. The proposed action is consistent with the applicable design guidelines, including, but not
limited to, the Historic Design Guidelines for Residential Buildings;
Staff Report – Planning Commission Meeting of October 24, 2023 Page 13 of 15
PLN-2023-82 ~ 43 Harrison Avenue
Yes. There are no design guidelines specific to the treatment of non-residential historic
buildings. However, as discussed in the Site and Architectural findings, above, the new
structures have been designed to complement the existing historic structure. For example, the
new brick material complements, but does not duplicate the appearance of the historic brick, so
as not to distract from the integrity of the historic resource.
3. The proposed action will not have a significant impact on the aesthetic, architectural, cultural,
or engineering interest or historical value of the historic resource or district; and
Yes. The proposed use of the building and grounds will activate the property in a manner that
will allow the general public to appreciate the historical significance of this historic resource,
including the interior of the building.
4. The proposed action is consistent with the Secretary of the Interior's Standards, as follows:
a. The proposed action will preserve and retain the historic character of the historic resource
and will be compatible with the existing historic features, size, massing, scale and
proportion, and materials;
Yes. As shown below, the extent of work that directly affects the Structure of Merit is limited
to a new accessible ramp on the rear of the building. The Building Official has advised that a
hardship exemption related to the structure's historic designation will allow relaxation of a
requirement for an accessible entry at the front of the building (among other standards). As
such, the project will not materially affect the building's primary façade, retaining its historic
character.
b. The proposed action will, to the greatest extent possible, avoid removal or significant
alteration of distinctive materials, features, finishes, and spatial relationships that
characterize the historic resource;
Not Applicable. No elements of the structure are proposed to be removed.
c. Deteriorated historic features will be repaired rather than replaced to the greatest extent
possible.
Not Applicable. No deteriorated features of the structure proposed to be altered.
d. New additions will be differentiated from the historic resource and will be constructed such
that the essential form and integrity of the historic resource shall be protected if the addition
is removed in the future.
Not Applicable. This application does not propose an addition to the structure.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 14 of 15
PLN-2023-82 ~ 43 Harrison Avenue
Fence Exception Findings (CMC Sec. 21.42.060.B): As noted above, the application includes a
proposed 14-ft tall gate, incorporating brick and wrought iron material along the southerly property
line, adjacent to the alleyway (image, below), which exceeds the normal 6-ft height maximum.4 The
Zoning Code provides that the decision-making body may authorize an increased fence height in review
of associated development application, when it can establish the following findings for a "Fence
Exception".5
(1) The [increased height] would not impair pedestrian or vehicular safety;
Yes. The gate would be parallel with the existing alleyway and would not obstruct any sightlines
that could inhibit visibility for vehicles or pedestrians.
(2) The [increased height] would result in a more desirable site layout;
Yes. As part of the longer streetscape view, below, the gate is intended to serve as a prominent
public entryway into the site, helping orient the property towards Downtown, and enhancing
the site's layout.
(3) The [increased height] would not be detrimental to the health, safety, peace, morals, comfort
or general welfare of persons residing or working in the neighborhood of the change;
Yes. The gate, while tall, would be situated in a unique location along the alleyway such that
does not present any potential to be disruptive.
(4) The [increased height] would not be detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the city.
Yes. The gate would face an existing service alley and as such not directly impact the adjacent
commercial properties.
4 The wording along the gate—Ainsly Spout House—constitutes an "informational or directional sign" that is exempt
from standard sign permitting requirements pursuant to CMC Sec. 21.30.040.F.
5 Fence Exceptions request not related to a development application are considered by the Community Development
Director.
Staff Report – Planning Commission Meeting of October 24, 2023 Page 15 of 15
PLN-2023-82 ~ 43 Harrison Avenue
Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC)
reviewed this application at its meeting of September 26, 2023, inclusive of Historic Preservation Board
Chair Walter who served as the acting Historical Advisor to the SARC. The SARC discussed various
elements of the application, including food truck maneuverability, the historic appropriateness of the
brick material, landscaping, proximity of the playhouse to the bar, and restroom capacity. At the
conclusion, the SARC expressed its support for staff's recommended revisions, as listed, below, which
have been included as a condition of approval, and which the applicant has agreed to incorporate.
• Relocate the propane storage cage away from the street, so that it is less visible.
• Extend the driveway to the food truck parking pad so the vehicles do not drive over the
decomposed granite surface.
• Relocate the bicycle racks away from the food truck staging area to prevent conflicts.
• Install additional lighting to illuminate the adjacent walkway, such as an additional light pole
and/or wall-mounted pack lights.
• Remove the excess shrubbery along the edge of the adjacent walkway.
Historic Preservation Board Review: The Historic Preservation Board reviewed this application at its
meeting of August 23, 2023. On a 4-0-1 vote (Board Member Corteway absent), the Board
recommended that the Planning Commission approve the project finding that the new brick material is
complementary with, but not a duplication of, the materials of the Structure of Merit and that the new
construction is located opposite the historic structure in order to minimize its visual impact, consistent
with the Secretary of the Interior's Standards for the Treatment of Historic.
Public Comment: Emails from members of the public are included as Attachment
Attachments:
A. Draft Resolution
B. DPR Form
C. Project Plans
D. Project Description
E. Tree Survey
F. Noise Study
G. Figure LU-2 (Special Planning Areas [map])
H. Number of ABC Licenses by Type Table
I. Downtown Alcohol Establishments Map
J. CB-MU Zoning District Design Standards (excerpt)
K. Email Correspondence
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Rob Eastwood, Community Development Director
RESOLUTION NO. 46__
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW TO ALLOW
ESTABLISHMENT OF AN OUTDOOR RETAIL SALES AND ACTIVITY
("BEER GARDEN") WITH LIVE ENTERTAINMENT AND DANCING,
LATE NIGHT ACTIVITIES (STAFF CLOSING/CLEAN-UP AFTER 11:00
PM), AND ON-SALE BEER AND WINE SERVICE (LIQUOR
ESTABLISHMENT), INCLUSIVE OF A FREESTANDING BAR,
RESTROOM FACILITIES, MOBILE FOOD TRUCK STAGING, SEATING
AREA, LIVE ENTERTAINMENT PLATFORM, TRASH ENCLOSURE,
CHILDREN'S PLAY STRUCTURE, A 14-FT TALL ENTRY GATE, AND
RELATED SITE AND LANDSCAPING IMPROVEMENTS; AND A TIER 1
HISTORIC RESOURCE ALTERATION PERMIT TO ALLOW MINOR
EXTERIOR ALTERATIONS TO A STRUCTURE OF MERIT COMMONLY
KNOWN AS THE AINSLEY CORPORATION HEADQUARTERS
BUILDING, RELATED TO ITS ADAPTIVE REUSE AS A RESTAURANT
WITH INDOOR DINING SPACE AND NEW KITCHEN FACILITIES, ON
PROPERTY LOCATED AT 43 HARRISON AVENUE. FILE NO.: PLN-
2023-82
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-2023-82:
1.The Project Site is an approximately 11,000 square-foot parcel located in Downtown
Campbell west of the Ainsley Park parking lot and north of the adjacent alley.
2.The Project Site is within the Central Business Mixed-Use (CB-MU) Zoning District as
shown on the Campbell Zoning Map.
3.The Project Site is designated Central Business Mixed-Use as shown on the Campbell
General Plan Map
4.The Project Site is also within the boundary of and subject to the Campbell Downtown
Development Plan.
5.The Project Site is developed with single-story commercial building commonly known as
the Ainsley Corporation Headquarters Building that is listed as a Structure of Merit on
the Historic Resource Inventory (HRI).
6.The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review to allow establishment of an outdoor "beer garden" with live
entertainment, beer and wine sales, and late-night hours, inclusive of a freestanding bar,
restroom facilities, mobile food truck staging, seating area, live entertainment platform,
trash enclosure, children's play structure, a 14-ft tall entry gate, and related site
improvements; and minor exterior alterations to a Structure of Merit, related to its
adaptive reuse as a restaurant with indoor dining space and new kitchen facilities.
Attachment A
Planning Commission Resolution No. 46__ Page 2 of 9
43 Harrison Avenue – The Spout House
CUP w/SA Review & Tier 1 HRAP (PLN-2023-82)
7. The specific conditional uses of the Proposed Project include an (1) Outdoor Retail Sales
and Activity (the "beer garden"), (2) Late Night Activities (staff closing/clean-up after
11:00 PM), (3) a Liquor Establishment (on-sale beer and wine service), and (4) a Dancing
and/or Live Entertainment Establishment (ancillary live entertainment), which all may be
allowed by approval of Conditional Use Permit in the CB-MU Zoning District.
8. Although a "beer garden" is not defined by the Campbell Municipal Code, its common
understanding as an open-air area where beer and wine, alongside with food, are served
in a communal setting reasonably satisfies the definition of "outdoor retail sales and
activities," below, which includes businesses that are "not conducted entirely within an
enclosed structure," and therefore may be considered an allowable.
"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments
including auction yards, flea markets, flower stands, lumber and other material sales yards,
newsstands, outdoor facilities for the sale or rental of vehicles/equipment, and other uses where the
business is not conducted entirely within an enclosed structure. Does not include the sale of
automobiles and recreational vehicles ("motor vehicle sales").
9. In accordance with the definition below, a restaurant that sells alcoholic beverages for
on-site consumption also constitutes a Liquor Establishment. The Proposed Project will
include provision of food from a rotating series of food trucks and a new kitchen within
the historic structure, which constitutes a "restaurant" under the Campbell Municipal
Code. Therefore, the Proposed Project may also incorporate a request for a Liquor
Establishment in conjunction with the Outdoor Retail Sales and Activity.
"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
10. The Proposed Project includes a public closing time (business hours) of 11:00 PM with
staff-clean-up activity until 12:00 AM (operational hours), which renders the proposal as
a "late-night activity," as per the definition, below:
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00
a.m., including, but not limited to, the provision of goods and services to the public and all ancillary
activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries,
and similar activities. "Late night activities" do not include the lawful, reasonable and customary use
of residential uses or professional offices in a manner that does not interfere with the reasonable use
and enjoyment of other properties.
11. Live entertainment is limited to live musicians who would perform from a small staging
area as an ancillary element of the Outdoor Retail Sales and Activity, which may include
spontaneous dancing by patrons, constituting a "dancing and/or live entertainment
establishment," as per the below, definition.
"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue
intended to allow patrons to dance and/or listen to live entertainment, as defined by Section
5.24.010(b). Does not include non-commercial expressive activity protected by the United States or
California constitutions or the listening of recorded music without a dancing venue.
Planning Commission Resolution No. 46__ Page 3 of 9
43 Harrison Avenue – The Spout House
CUP w/SA Review & Tier 1 HRAP (PLN-2023-82)
12. The City's new General Plan and revised Zoning Code went into effect on June 2, 2023.
New Campbell Municipal Code (CMC) Section 21.030.050 provides a limited "safe
harbor" provision for applications submitted prior to this date, indicating that they "may
be carried out, or extended, in accordance with the development standards and
permitting procedures in effect at the time of project submittal…" This application was
received by the City on May 22, 2023, and therefore is evaluated under the provisions of
the Zoning Code prior to the recent update.
13. Policies found within the Campbell General Plan and Downtown Campbell Development
Plan articulate a desire to promote and enhance a downtown environment that provides
a desirable balance of land uses including shopping, services, and entertainment. This
vision is evidenced in policies that encourage a mix of day and evening activities, a
distinctive retail presence, a diversity of eating establishments, support for
neighborhood-serving businesses, and protection of surrounding residential
neighborhoods.
14. The City Council adopted the Downtown Alcohol Beverage Policy, consistent with the
goals and strategies of the Campbell General Plan and Downtown Development Plan.
The Policy is intended to balance the health and safety of the community while still
maintaining the commercial viability of the downtown in which restaurants have an
essential role.
15. Conformance to the provisions of the Downtown Alcohol Beverage Policy is the basis by
which the City reviews new and modified applications for alcohol beverage service. The
Policy sets forth limitations to the hours of operation, amount of bar area seating, and
alcohol beverage service that are necessary to protect the public health, safety and
welfare. The Downtown Alcohol Beverage Policy strongly recommends that Conditional
Use Permits for establishments for on-site consumption of alcohol beverages be limited
to a closing time of no later than 12:00 AM.
16. A public closing time of 11:00 PM for the proposed "beer garden" is appropriate to ensure
that alcohol service remains ancillary to food service and therefore would not result in an
overconcentration of alcohol-serving (liquor) establishments.
17. The approval of a Conditional Use Permit incorporates applicable operational standards
of the Downtown Alcohol Beverage Policy intended to ensure that alcohol beverage
service remains ancillary and subordinate to the primary purpose of serving food.
18. The overconcentration of late-night alcohol serving establishments within a compact
downtown district can create a cumulative impact that overwhelms the area creating an
undesirable result such as drunk in public, vandalism, and disorderly conduct.
19. With incorporation of a noise-limiting feature in the speaker system, as conditioned and
recommended by an acoustic study, the live entertainment will not result in noise that
would exceed the standard set forth in CMC Sec. 21.16.070.
20. For purposes of its overconcentration analysis, the Planning Commission recognizes the
"special planning areas" as mapped by General Plan Figure LU-2, including the
Downtown Development Plan.
Planning Commission Resolution No. 46__ Page 4 of 9
43 Harrison Avenue – The Spout House
CUP w/SA Review & Tier 1 HRAP (PLN-2023-82)
21. Approval of the Proposed Project would result in 28 alcohol-serving establishments in
the Downtown Development Plan area or approximately 1.35 establishments per acre,
comparable to the Pruneyard Shopping Center, which is permitted 25 alcohol-serving
establishments or approximately one per acre, pursuant to its Master Use Permit.
22. Prior overconcentration analyses in Downtown Campbell excluded the Civic Center, as
well as other areas of the Downtown Development Plan boundary that overlap with other
area/master plan boundaries. However, with adoption of the new General Plan, all of the
plan boundaries have now been "officially" established such that this and future analysis
will refer to the boundaries as mapped by Figure LU-2 (Special Planning Areas).
23. The Downtown Alcohol Beverage Policy provides that all Conditional Use Permits issued
to establishments for alcoholic beverage service on-site are subject to Sections
21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the
appropriate decision-making body to modify or revoke a Conditional Use Permit if it is
determined that the sale of alcohol has become a nuisance to the City's public health,
safety or welfare.
24. Live entertainment would cease at 10:00 PM, daily, comparable with the Downtown
Alcohol Beverage Policy requirement to close windows and doors at 10:00 PM. As
conditioned, live entertainment would remain an ancillary element of the "beer garden".
25. The Proposed Project is not subject to a parking requirement as specified by CMC Sec.
21.28.045 due to its proximity to the Downtown Campbell Light-Rail Station.
26. As part of the longer streetscape view the proposed 14-ft tall gate is intended to serve
as a prominent public entryway into the site, helping orient the property towards
Downtown, and enhancing the site's layout, which would not result in any pedestrian or
vehicular impairment.
27. The wording on the entry gate shall be limited to no more than six (6) square-feet area
as to constitute an "informational or directional sign" that is exempt from standard sign
permitting requirements pursuant to CMC Sec. 21.30.040.F.
28. Pursuant to CMC Section 21.33.070.B.2, all discretionary applications affecting an
historic resource shall be subject to review of a Historic Resource Alteration Permit.
Consistent with CMC Sec. 21.33.080, the Proposed Project was first considered by the
Historic Preservation Board at its meeting of August 23, 2023. The Board recommended that
the Planning Commission approve the Proposed Project finding that the new brick material
is complementary with, but not a duplication of, the materials of the Structure of Merit and
that the new construction is located opposite the historic structure in order to minimize its
visual impact, consistent with the Secretary of the Interior's Standards for the Treatment of
Historic Properties.
29. Based on trip generation values provided by the Institute of Transportation Engineers
(ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new
AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant
to the Congestion Management Program, as specified by the VTA Transportation Impact
Analysis (TIA) Guidelines.
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30. The Proposed Project, as conditioned, would be consistent with the following General
Plan policies and Actions:
Policy COS-5.1: Protect significant historic resources and use these resources to promote a
sense of place and history in Campbell through implementation of the Historic
Preservation Ordinance, Historic Design Guidelines for Residential Buildings,
the conservation and preservation of the city’s historical collection at the
Campbell Museum, and other applicable codes, regulations, and area plans.
Policy COS-5.3: Use the preservation standards outlined in the city’s Historic Design
Guidelines for Residential Buildings and the current Secretary of the Interior’s
Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings,
for properties listed, or eligible for listing, on the city’s Historic Resource
Inventory.
Policy CD-1.3: Through implementation of the city’s design review process, encourage
creative, high-quality, innovative, and distinctive architectural and site designs
that help create unique, vibrant places.
Policy CD-1.6: Preserve, rehabilitate or restore the city’s historic buildings, landmarks,
districts and cultural resources and retain the architectural integrity of
established building patterns within historic residential neighborhoods to
preserve the cultural heritage of the community.
Policy CD-1.7: Encourage adaptive reuse of and incorporation of the city’s historic buildings
and structures for new development projects, when feasible.
Action ED-6.a: Encourage development projects and activities in the Downtown that are
distinctive, are designed to reflect Campbell’s history, and include
components that promote a sense of place, either through providing public
spaces, venues for community activities, or community art and culture.
Action ED-6.d: Implement lighting, streetscape, and public art improvements to make
Downtown a safer, more pedestrian-friendly place.
Action SA-4.a: As part of the development review process, continue to consult with the Police
Department in order to ensure that the project does not impair the provision
of police services through inappropriate site design. The use of physical site
planning as an effective means of preventing crime, including lighting,
visibility, and video surveillance requirements shall be determined by the
Police Department, where applicable.
31. The Proposed Project, as conditioned, would be consistent with the following Downtown
Development Plan policies and Goal:
Policy LU-4.1: Downtown Character: Require new development to be sensitive to the unique
character that defines Downtown Campbell.
Policy D-4.1: Historic Preservation and Redevelopment Compatibility: The small town
character of Downtown Campbell shall be maintained by encouraging the
preservation of important historic resources, promoting the improvement of
existing properties and businesses, and encouraging new development
compatible in design with existing and newly approved development.
Policy D-1.2: Building Articulation: Given the unique character of the Downtown district,
new development and major rehabilitation projects shall incorporate the
traditional architectural style, articulation and details that reflect the City’s
history and promote its
Planning Commission Resolution No. 46__ Page 6 of 9
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Policy LU-1.1: Development Potential: To maximize the development potential of property
within the CB-MU zone, particularly ground floor retail, restaurants, and other
pedestrian oriented uses.
Goal LU-6: To promote and encourage development along the loop streets, and beyond.
32. The Proposed Project is required by a Condition of Approval to including the installation
of additional lighting to illuminate the adjacent walkway (such as an additional light pole
and/or wall-mounted pack lights) and removal of excess shrubbery for increased
visibility, in furtherance of General Plan Action SA-4.a.
33. 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).
34. The Planning Commission's review of the proposed project further encompassed zoning
and General Plan land use conformance, noise impacts, parking, property maintenance,
odors, security and enforcement, and neighborhood impacts.
35. The Planning Commission also weighed the public need for, and the benefit to be derived
from, the project, against any impacts it may cause.
36. 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.
37. 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:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will 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);
4. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project;
5. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project;
6. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment;
Planning Commission Resolution No. 46__ Page 7 of 9
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Conditional Use Permit Findings (CMC Sec. 21.46.040):
7. 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;
8. The proposed use is consistent with the General Plan;
9. 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;
10. 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;
11. 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;
12. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city;
Special Findings for Liquor Establishments (CMC 21.46.070):
13. The establishment will not result in an over concentration of these uses in the
surrounding area;
14. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors;
15. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood;
16. The establishment will not significantly increase the demand on city services;
17. The establishment would be consistent with the Downtown Alcohol Beverage Policy;
Undue Concentration Finding (BPC Sec. 23958):
18. The public convenience or necessity would be served by the issuance of an on-sale
general liquor license;
Historic Alteration Permit Findings (CMC Sec. 21.33.080.C):
19. The proposed action is consistent with the purposes of this chapter and the applicable
requirements of the Municipal Code;
Planning Commission Resolution No. 46__ Page 8 of 9
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20. The proposed action is consistent with the applicable design guidelines, including, but
not limited to, the Historic Design Guidelines for Residential Buildings;
21. The proposed action will not have a significant impact on the aesthetic, architectural,
cultural, or engineering interest or historical value of the historic resource or district;
22. The proposed action is consistent with the Secretary of the Interior's Standards, as
follows:
a. The proposed action will preserve and retain the historic character of the historic
resource and will be compatible with the existing historic features, size, massing,
scale and proportion, and materials.
b. The proposed action will, to the greatest extent possible, avoid removal or significant
alteration of distinctive materials, features, finishes, and spatial relationships that
characterize the historic resource.
c. Deteriorated historic features will be repaired rather than replaced to the greatest
extent possible.
d. New additions will be differentiated from the historic resource and will be constructed
such that the essential form and integrity of the historic resource shall be protected if
the addition is removed in the future.
Fence Exception Findings (CMC Sec. 21.42.060.B)
23. The [increased height] would not impair pedestrian or vehicular safety;
24. The [increased height] would result in a more desirable site layout;
25. The [increased height] would not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of the
change;
26. The [increased height] would not be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city;
Environmental Finding(s) (CMC Sec. 21.38.050):
27. The project is Categorically Exempt under Section 15301 of the California Environmental
Quality Act (CEQA) Guidelines, pertaining to the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of an existing private structure, as well
under Section 15331 pertaining to projects involving the maintenance, rehabilitation,
restoration, preservation, or reconstruction of historical resources; and
28. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2c of the CEQA Guidelines.
Planning Commission Resolution No. 46__ Page 9 of 9
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THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit with Site and Architectural Review to allow establishment of an
Outdoor Retail Sales and Activity ("beer garden") with Live Entertainment and Dancing, Late
Night Activities (staff closing/clean-up after 11:00 pm), and on-sale beer and wine service
(Liquor Establishment), inclusive of a freestanding bar, restroom facilities, mobile food truck
staging, seating area, live entertainment platform, trash enclosure, children's play structure,
a 14-ft tall entry gate, and related site and landscaping improvements; and a Tier 1 Historic
Resource Alteration Permit to allow minor exterior alterations to a Structure of Merit
commonly known as the Ainsley Corporation Headquarters Building, related to its adaptive
reuse as a restaurant with indoor dining space and new kitchen facilities, on property located
at 43 Harrison Avenue, subject to the attached Conditions of Approval (Exhibit A).
PASSED AND ADOPTED this 24th day of October, 2023, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2023-82
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws
and regulations and accepted engineering practices for the item under review. Additionally,
the applicant is hereby notified that he/she is required to comply with all applicable Codes
or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified.
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review to allow establishment of an Outdoor Retail Sales and Activity
("beer garden") with Live Entertainment and Dancing, Late Night Activities (staff
closing/clean-up after 11:00 pm), and on-sale beer and wine service (Liquor
Establishment), inclusive of a freestanding bar, restroom facilities, mobile food truck
staging, seating area, live entertainment platform, trash enclosure, children's play
structure, a 14-ft tall entry gate, and related site and landscaping improvements; and a
Tier 1 Historic Resource Alteration Permit to allow minor exterior alterations to a
Structure of Merit commonly known as the Ainsley Corporation Headquarters Building,
related to its adaptive reuse as a restaurant with indoor dining space and new kitchen
facilities, on property located at 43 Harrison Avenue. The project shall substantially
conform to the Approved Project Plans and Written Description included as Attachments
C and D in the October 24, 2023, Planning Commission Staff Report, except as may be
modified by conditions of approval contained herein.
2. Permit Expiration: Approval of the Conditional Use Permit with Site and Architectural
Review and Tier 1 Historic Resource Alteration Permit ("Approval") shall be valid for one
(1) year from the effective date of the Planning Commission action. Within this one-year
period a Building Permit must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to
meet this deadline or expiration of an issued Building Permit shall result in the Approval
being rendered void. Once established, this Approval shall be valid in perpetuity on the
Project Site, subject to continued maintenance of an ABC liquor license as provided for
in Condition of Approval No. 9 (Operational Standards). Discontinuation of alcohol
service for a continuous period of twelve months, as evidenced by surrender or
revocation of the ABC license, shall void the Approval upon an affirmative determination
by the Planning Commission in a public hearing that the use has been discontinued.
3. Plan Revisions: The construction plans submitted for a Building Permit shall (1)
incorporate appropriate notes and details to demonstrate compliance the relevant
requirements of Condition of Approval No. 9 (Operational Standards), and include the
following revisions to the satisfaction of the Community Development Director: (1)
relocation of the propane storage cage away from the street; (2) extension of the
driveway to the food truck parking pad; (3) relocation of the bicycle rack away from the
food truck staging area; (4) installation of additional lighting to illuminate the adjacent
walkway, such as an additional light pole and/or wall-mounted pack lights; and (5)
removal of the excess shrubbery along the edge of the adjacent walkway.
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 2 of 9
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4. Signage: No signage has been approved as part of this Approval. New signage shall not
be installed prior to approval of a Sign Permit consistent with the signage standards for
the CB-MU Zoning District. The wording on the entry gate shall be limited to no more
than six (6) square-feet area as to constitute an "informational or directional sign" that is
exempt from standard sign permitting requirements pursuant to CMC Sec. 21.30.040.F.
5. Minor Revisions: Architectural refinements and other minor revisions to the Approved
Project Plans may be administratively reviewed and approved by the Community
Development Director pursuant to CMC Sec. 21.56.060.
6. Brick Material: Prior to issuance of a building permit, a sample of the new brick material
shall be submitted for review and approval by the Community Development Director.
7. 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.
8. Structure of Merit: Other than the installation of an accessible ramp and wall-mounted
speaker(s), as identified on the Approved Project Plans, no additional exterior changes
shall be made the Ainsley Corporation Headquarters Building without prior City approval.
9. Operational Standards: Consistent with the Downtown Alcohol Beverage Policy and
other City standards, the following operational standards shall apply:
a. Approved Use: The approved use is an Outdoor Retail Sales and Activity commonly
known as a "beer garden" with on-site beer and wine sales (Liquor Establishment)
operating as "bona fide public eating place," as defined by Section 23038 of the
California Business and Professions Code, with Late-Night Activities (staff clean-up
activity after 11:00 PM) and ancillary Dancing and Live Entertainment, as defined by
the Campbell Municipal Code and limited by the operational standards listed herein.
At no time shall the establishment be operated as a stand-alone bar/tavern.
b. Seating/Patron Occupancy: Indoor and outdoor patron occupancy shall be limited
to the maximum occupancy capacities as determined by the California Building Code
(CBC), except that the bar area shall be limited to a maximum of ten (10) seats as
shown on the Approved Project Plans.
c. Liquor License: The applicant shall obtain and maintain in good standing a license
from the State Department of Alcoholic Beverage Control for the sale of beer and
wine beverages for on-site consumption in association with a bona fide public eating
place, limited specifically to a "Type 41" license. The sale of alcoholic beverages for
off-site consumption is prohibited.
d. Hours of Operation: Hours of operation shall be as follows. By the end of "Business
Hours" all patrons shall have exited the establishment. By the end of the
Operational Hours" all employees shall be off the premises (except for emergencies).
• Business Hours 8:00 AM – 11:00 PM, daily
• Operational Hours: 6:00 AM – 12:00 AM, daily
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 3 of 9
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e. Live Entertainment: Ancillary live entertainment is permitted, subject to the following
standards:
i. Allowance: Live entertainment is limited to live musicians intended to serve as
an ancillary element to food and beverage service.
ii. Location: Live entertainment shall be conducted only from the platform located
at the base of the Oak tree, as depicted on the Approved Project Plans.
iii. Amplification: Amplified music shall be channeled through the establishment's
building-mounted speaker system. The speaker system shall include an
electronic limiting feature to ensure speaker sound levels do not exceed 85
dBA as measured at a distance of 3-feet. Stand-alone amplification systems
are prohibited.
iv. Live Entertainment Hours: Live entertainment shall be permitted daily, ending
at 10:00 PM.
v. Noise: The sound generated by the live entertainment is subject to the general
noise standard provided herein. If the City receives verified noise complaints
related to live entertainment, the business owner shall cooperate with the
Community Development Director to address the complaints through
operational changes, including, but not limited to, a reduction in amplification
level, alternative speaker placement, and/or preparation of a new noise study
(at the business owner's expense). If the complaints cannot be resolved
through these measures, the Community Development Director may curtail the
approved live entertainment hours, as provided for by Condition of Approval
No. 9.k (Noise).
vi. Live Entertainment Permit: The business owner shall secure approval of a Live
Entertainment Permit in compliance with CMC Section 5.24 prior to the
commencement of any live entertainment performances.
vii. Dancing: No part of the outdoor seating area shall be cleared to create a dance
floor; however, this restriction shall not be construed as to preclude
spontaneous dancing by patrons.
viii. Security: On-site security shall be provided if required by a Live Entertainment
Permit.
ix. Cover Charge: At no time shall a cover charge be required or a donation
necessary in order to patronize the establishment.
f. Floor Plan Layout: All tables and chairs shall be placed to allow sufficient area for
dining area, consistent with the Approved Project Plans, and shall not be stacked or
removed. At no time shall the seating be reconfigured to create large open spaces
for patrons to congregate.
g. Food Service: Full menu meal service shall be provided at all times during "Business
Hours" throughout the entire establishment (indoors and outdoors). Food service
shall be provided by a food truck or the establishment's kitchen, or both.
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 4 of 9
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h. Alcohol Beverage Service: Except at the bar, alcohol beverage service shall only
be allowed in conjunction with food service.
i. Alcohol Sales: The monthly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period, consistent with ABC licensing regulations.
The business owner shall provide sales records on demand to the City to verify
compliance with this standard.
j. Security Plan: If deemed necessary by the Police Department, the operator shall
prepare a security plan to the satisfaction of the Police Chief, including, but not limited
to, provision of private security, installation of a security camera system, installation
of additional security lighting, and/or installation of security signage.
k. Noise: Regardless of decibel level or source, no noise generated by the
establishment shall obstruct the free use of neighboring properties so as to
unreasonably interfere with the comfortable enjoyment of the residents. In the event
verified complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the "business hours", "hours of
operation", and/or "live entertainment hours", pursuant to Condition of Approval No.
10 (Revocation of Permit).
l. Maximum Occupancy Sign: The business owner shall install two (2) maximum
occupancy signs of a size to be determined by the Community Development Director,
conspicuously posted in one (1) interior and one (1) exterior location, which shall
include the maximum seated occupancy and include a visual depiction of the floor
plan included in the approved construction drawings submitted for a Building Permit.
It is the responsibility of the business owner to provide adequate entrance controls to
ensure that patron occupancy is not exceeded.
m. Food Trucks: Food trucks serving the establishment shall be parked on the concrete
parking pad identified as "food truck" on the Approved Project Plans.
n. Special Events: The Community Development Director may allow special events
through consideration of a Temporary Use Permit application in compliance with
Chapter 21.45 of the Campbell Municipal Code, even if such events would otherwise
conflict with the Conditions of Approval provided herein.
o. Doors and Windows: All doors and windows shall remain closed after 10:00 PM.
p. Seating Furniture: All indoor and outdoor seating furniture, except seats at the bar,
shall consist of standard-height furniture (i.e., not "high-top" or sectional "lounge"
furniture). Outdoor dining furniture shall be of durable and weather-resistant material,
specifically metal and/or wood, or a composite material (e.g., polypropylene) if the
majority of the furniture piece consists of metal or wood. The exact design of outdoor
patio furniture (including tables, chairs, umbrellas, and heaters) shall be subject to
approval by the Community Development Director for compliance with this
requirement. All outdoor furniture shall be kept clean and in good repair and replaced
and/or fixed as necessary.
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 5 of 9
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q. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
r. Taxicab Service: The establishment shall post in a conspicuous place the telephone
numbers of local taxicab services.
s. Loitering: There shall be no loitering allowed outside the business and within the
outside dining area. The business owner is responsible for monitoring the premises
to prevent loitering.
t. Lighting: 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).
u. 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). Emptying of trash receptacles and placement of
refuse and recyclable materials into the trash enclosure receptacles shall occur only
during the approved "Operational Hours".
v. Property Maintenance: All exterior areas of the business free from graffiti, trash,
rubbish, posters and stickers placed on the property, in compliance with CMC Section
21.16.110 (Site Maintenance).
w. Landscape Maintenance: All landscaping shall be maintained in compliance with
Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance
Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or
unhealthy plants shall be replaced with healthy plants of the same or similar type.
x. Employee Training: The establishment shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association and the Department of Alcoholic Beverage Control.
y. Designated Driver Program: The establishment shall maintain and actively promote
a designated driver program (e.g., complimentary non-alcoholic beverages for
designated drivers).
z. 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). All parking areas shall be regularly swept and cleaned to remove litter and
debris from the parking areas and driveways.
aa. Outdoor Storage: Outdoor storage, including but not limited to, linens, kegs, boxes,
cartons, is prohibited.
bb. City Meetings: At the discretion of the Police Chief, periodic meetings will be
conducted with representatives from the Police Department and Department of
Alcohol Beverage Control for on-going employee training on alcoholic beverage
service to the general public.
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 6 of 9
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10. Revocation of Permit: Exercise of this Approval is subject to Sections 21.68.020,
21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate
decision making body to modify or revoke a Conditional Use Permit if it is determined
that the sale of alcohol, live entertainment and/or late-night activities has become a
nuisance to the City’s public health, safety or welfare or for violation of this Approval or
any standards, codes, or ordinances of the City of Campbell.
At the discretion of the Community Development Director, if the establishment generates
three (3) verified complaints related to violations of conditions of approval (e.g., noise,
etc.) and/or related to the service of alcohol within a twelve (12) month period, a public
hearing before the Planning Commission may be scheduled to consider modifying
Conditions of Approval or revoking of the Approval. The Community Development
Director may commence proceedings for the revocation or modification of the Approval
upon the occurrence of less than three (3) verified complaints if the Community
Development Director determines that the alleged violation warrants such an action. The
Director may also at such time immediately restrict the approved "business hours",
"hours of operation", and/or "live entertainment hours" to address complaints in a timely
manner. In exercising this authority, the decision making body may consider the following
factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of patrons
actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment,
c. The number of arrests for alcohol, drug, disturbing the peace, fighting and public
nuisance violations associated with an establishment;
d. The number and kinds of complaints received from the State Alcoholic Beverage
Control office and the County Health Department; and
e. Violation of conditions of approval.
BUILDING DIVISION
11. 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.
12. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
13. Hardship Exemption: The applicant shall include a Hardship Exemption form along with
the Building Permit application that declares the historic building status and an
acceptable compromise for elements that will be exempted for full compliance.
14. Playground Equipment: The playground equipment shall be assembled and installed in
compliance with the written instructions of the manufacturer and shall be inspected by a
Certified Playground Safety Inspector who shall certify in writing to the Building Official
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 7 of 9
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that the equipment is in compliance with the California Department of Health Services
regulations regarding playground equipment.
PUBLIC WORKS DEPARTMENT
15. 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. Street Dedication: The street dedication documents required for this project
shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/430
16. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building
permits for the site, the applicant shall fully complete the process to cause additional
right-of-way to be granted in fee for public street purposes along the Civic Center Drive
frontage to accommodate widening the existing sidewalk to the standard ten (10) foot
commercial sidewalk, unless otherwise approved by the City Engineer. The applicant
shall submit the necessary documents for approval by the City Engineer, process the
submittal with City staff’s comments and fully complete the right-of-way process.
The applicant shall cause all documents to be prepared by a registered civil
engineer/land surveyor, as necessary, for the City’s review and recordation.
17. 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. 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.
18. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving
utility companies. Utility locations shall not cause damage to any existing street trees.
Where there are utility conflicts due to established tree roots or where a new tree will be
installed, alternate locations for utilities shall be explored. Include utility trench details
where necessary.
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 8 of 9
PLN-2023-82 – Conditional Use Permit w/Site and Arch. Review
19. 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.
20. 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.
21. 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.
22. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits: Prior
to issuance of any grading or building permits for the site, the applicant shall execute a
street improvement agreement, cause plans for public street improvements to be
prepared by a registered civil engineer, pay various fees and deposits, post security
and provide insurance necessary to obtain an encroachment permit for construction of
the standard public street improvements, as required by the City Engineer. The plans
shall include the following, unless otherwise approved by the City Engineer:
a. Removal of existing fence from new right-of-way area.
b. Installation of City standard commercial sidewalk.
c. Construction of conforms to existing public and private improvements, as
necessary.
d. Submit final plans in a digital format acceptable to the City.
23. Street Improvements Completed for Occupancy and Building Permit Final: Prior to
allowing occupancy and/or final building permit signoff for any and/or all buildings, the
applicant shall have the required street improvements installed and accepted by the
City, and the design engineer shall submit as-built drawings to the City.
24. Utility Encroachment Permit: Separate encroachment permits for the installation of
utilities to serve the development will be required (including water, sewer, gas, electric,
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary
sewer, gas, water, electric and all other utility work.
25. Additional Street Improvements: Should it be discovered after the approval process that
new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
Exhibit A – Conditions of Approval ~ 43 Harrison Ave. Page 9 of 9
PLN-2023-82 – Conditional Use Permit w/Site and Arch. Review
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City Engineer.
26. Coordination with Capital Improvement/Other Projects: The City of Campbell is in the
process of redesigning the intersection of Civic Center Drive and Harrison Avenue as
part of the Campbell Downtown PDA Enhancement Project (22-NN).
27. Trash Enclosure Requirements: The following standards pertain to the new trash
enclosure:
(a) NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):
For all new development and redevelopment projects that are subject to the
Permittee’s planning, building, development, or other comparable review, but not
regulated by Provision C.3, encourage the inclusion of adequate source control
measures to limit pollutant generation, discharge, and runoff. These source control
measures should include:
o Covered trash, food waste, and compactor enclosures.
(b) Campbell Municipal Code 14.02.030 "Stormwater Pollution Control /
Requirements". The code states that no pollutants or water containing pollutants
can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over and
into roofless enclosures, collecting pollutants and discharging to the City's storm
drain system. Applicants are required to show how new trash enclosures will not
discharge pollutants into the storm drain system. One possible method is to provide
a sanitary drain in the trash enclosure.
(c) West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
COUNTY FIRE DISTRICT
28. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If
trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the
enclosure will need to be type IA or IIA construction.
29. Emergency Gate/Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-1 and CFC Sec. 503.6 and 506. If
entry gate locks than a Knox product will need to be provided and installed.
30. Propane Storage: Propane storage will be reviewed during building permit submittal.
DPR 523A (1/95) *Required information
Page 1 of 2 *Resource Name or #: Ainsley Corporation Headquarters Building P1. Other Identifier: Campbell Historic Resource
*P2.Location: Not for Publication Unrestricted*a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Date T;R ; ¼ of ¼ of Sec ; B.M.c.Address 43 N. Harrison Avenue City Campbell Zip 95008 d.UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., asappropriate) APN: 279-41-0077 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
Rectilinear brick building, with sloped, shingled roof and inset multi-pane windows front and sides. Roof is flat at rear of building.
*P3b. Resource Attributes: (List attributes and codes) Commercial
*P4.Resources Present: Building Structure Object Site District Element of
District Other (Isolates,
etc.)
P5b. Description of Photo: (view,
date, accession #) Front
Façade, 07/31/07
*P6. Date Constructed/Age
and Source:
Historic Prehistoric
BothFactual 1937
*P7. Owner and Address:
*P8. Recorded by: (Name,affiliation, and address)Kevin TokanagaCampbell Museum 51 N. Central Campbell, CA 95008 *P9. Date Recorded: October 1985 *P10. Survey Type: (Describe)
*P11. Report Citation: (Citesurvey report and other sources,or enter "none.") Inventory Update
*Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock
Art Record
Artifact Record Photograph Record Other (List):
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.)
Attachment B
DPR 523A (1/95) *Required information
*NRHP Status Code
Page 2 of 2 *Resource Name or # (Assigned by recorder)
B1. Historic Name: Ainsley Corporation Headquarters Building
B2. Common Name: Ainsley Corporation Headquarters Building
B3. Original Use: Commercial B4. Present Use: Commercial
*B5. Architectural Style:
*B6. Construction History: (Construction date, alterations, and date of alterations)
*B7. Moved? No Yes Unknown Date: Original Location:
*B8. Related Features:
B9a. Architect: unknown b. Builder: unknown
*B10. Significance: Theme Architecture Area
Period of Significance Property Type Residential
Applicable Criteria
(Discuss importance in terms of historical or architectural context as defined by theme, period,
and geographic scope. Also address integrity.)
J.C. Ainsley was a pioneer in the canning and processing of fruit. His fruit experiments were
conducted on a stove at the corner of Campbell Avenue and Winchester Blvd. (later the site of
the Grammar School), and was called the “wash boiler” cannery. In 1892, he moved his
operations to Harrison Avenue at Campbell Avenue, adjacent to the railroad tracks. The bulk
of his canned fruit was shipped to England. At season’s peak, over 700 persons were employed
in the Ainsley Cannery (now demolished) and he provided a day care center, hot lunches and
resident nurses for his workers. The cannery was sold in the earl 1930’s to Drew Canning Co.
The corporation offices were housed in this building, after the cannery was sold.
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
1977-78 Historic Survey
Museum resource files/J.Watson, Curator
B13. Remarks:
*B14. Evaluator: See P8
*Date of Evaluation: See P9
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
(This space reserved for official comments.)
Attachment C
SALVATORE CARUSO
DESIGN CORPORATION
Project Description
43 Harrison Avenue, Campbell, CA 95008
This Spout House project at 43 Harrison Ave includes a new kitchen to be created with minor tenant
improvement to the Historic Ainsley Office building. The balance of the historic building will be used as
dining space while preserving its historic character. The existing decomposed granite area behind 43
Harrison is to be used as outdoor dining and entertaining space. This will include the construction of a
new outdoor bar, accessible bathrooms, and a trash enclosure.
There is planned to be outdoor entertainment, live acoustic band, recorded music etc. This is reflected in
the acoustic report. An ABC license Type 41 will be applied for. The hours of operation are from 11am to
11pm daily. The live entertainment will end by 10pm on all days.
Food trucks are envisioned to rotate each week and will enter and exit from the driveway on Harrison
Ave. The food trucks will be open during the entire time the bar is open.
Attachment D
Kleinheinz Arborist Services LLC
August 23, 2023
Site Address: 43 Harrison Ave., Campbell, CA 95008
Note: Inspection of this tree was done by a walk-through visual only.
As requested, a preconstruction arborist report of my findings on trees located at 43 Harrison
Ave has been compiled. The following information is site-specific and written for reporting
purposes accordingly.
Tree ratings and condition will follow this scale
1-29 Very Poor
30-49 Poor
50-69 Fair
70-89 Good
90-100 Excellent
�; -Tree Species DBH Ht/Sp Co Requirements (Inches) (feet) nd
� Acacia 10" 25/20 45 Remove (Magnolia grandiflora)
2 Canyon Live Oak --4.5" 25/10 45 Remove (Quercus)
3 Black Locust 15" 35/25 55 Remain and (Robinia) Protect
Trees number one and two are located within a hedge that will need to be removed prior to any
construction. Neither of these trees are of significant size, therefore should not require permits.
821 Vista Ln. Jone CA 95640
Tree number three is situated in close proximity to the proposed
construction area. It is imperative that this tree is adequately
protected throughout the entire duration of the construction process, as outlined in the tree protection plan provided below. In
the event that any roots are encountered during construction activities, it is essential to have an arborist present on-site to
oversee any necessary root pruning. Any work involving trenching
KLEINHEINZ ARBORIST SERVICES LLC
(TEL) 650-759-1081 k. arborist@yahoo.com
Attachment E
2 August 2023
AAinsleyy Plazaa LLCC
P.O. Box 125
Campbell, CA 95009
408.376.0692
Subject:: Spoutt Housee -- Campbell,, CAA
Outdoorr Entertainmentt Noisee Ordinancee Study,, Updatedd
Salterr Projectt 23-02844
To Whom it May Concern:
This study analyzes future noise generated from live entertainment (loudspeakers, live acoustic guitar)
from the planned outdoor bar and seating area to the closest residential receiver. We have the following
comments.
EXECUTIVE SUMMARY
With the noise reduction measures and operational parameters described below, noise generated by live
entertainment is expected to meet the applicable exterior and interior noise limits at the closest
residences across Civic Center Drive to the northeast.
ACOUSTICAL CRITERIA
City of Campbell Noise Ordinance
Section 21.16.070.E.1 of the City of Campbell Municipal Code includes requirements for stationary
sources regarding maximum allowable noise levels as measured at a residential development, which are
as follows:
●65 dBA1 for exterior noise levels
●45 dBA for interior noise levels
1 A-Weighted Sound Level – The A-weighted sound pressure level, expressed in decibels (dB). Sometimes the unit of sound
level is written as dB(A). A weighting is a standard weighting that accounts for the sensitivity of human hearing to the range
of audible frequencies. People perceive a 10 dB increase in sound level to be twice as loud.
Attachment F
Spout House
2 August 2023
Outdoor Entertainment Noise Ordinance Study, Updated
Page 2
We understand that these criteria have been applied to the project’s outdoor bar and seating space. For
the project, the closest residential receivers identified are follows:
●1 Civic Center Drive (approximately 80 feet to the northeast, across Civic Center Drive)
●80 Harrison Ave (approximately 80 feet to the northeast, across Civic Center Drive)
LIVE ENTERTAINMENT NOISE ANALYSIS AND RECOMMENDATIONS
Our analysis is based on the following understanding and stipulations:
●Outdoor loudspeakers will be located at an 8-foot height and at the locations shown on the attached
plan
●Live music will be acoustic guitar, potentially with amplification (including vocals)
●Unamplified acoustic guitar noise levels (SPL) are approximately 85 dBA at a 3-foot distance (based on
previously collected data)
●Loudspeakers will be limited to a maximum level (SPL) of 85 dBA at a 3-foot distance from the front of
each speaker (during the loudest events)
●We have applied the 65 dBA exterior noise criterion to the closest residential yard (e.g., property line)
●We have applied the 45 dBA interior noise criterion to the closest residential window (assumes open
window condition)
●The noise reduction (NR) from outdoors to indoors through an open window is approximately 15 dBA.
Noise reduction through a closed window would be greater (at least 25 dBA).
●We assume the ordinance criterion is the average amplified noise level (Leq2) over a period of time
(e.g., one hour).
Based on the available plans, combined noise levels from loudspeakers and live music, including noise
reduction provided by shielding from the Spout House building, is calculated to be the following at the
nearest residential receivers. AAppendixx A includes further information for the calculations.
Residence Outdoorss (Residentiall
PPropertyy Line)
Indoorss (Throughh Openn
RResidentiall Window))
1 Civic Center Drive 60 dBA 45 dBA
80 Harrison Ave 60 dBA 45 dBA
2 Leq – The equivalent steady-state A-weighted sound level that, in a stated period of time, would contain the same acoustic
energy as the time-varying sound level during the same period.
Spout House
2 August 2023
Outdoor Entertainment Noise Ordinance Study, Updated
Page 3
Our analysis indicated that live entertainment noise (both amplified and unamplified portions) meets the
Noise Ordinance limits of 65 dBA outdoors and 45 dBA indoors of residences. An electronic limiting
system should be included on the audio system to ensure speaker noise levels do not exceed 85 dBA at
3-ft.
***
This concludes our current comments. Please contact us with any questions.
Best,
SALTER
Sybille Roth
Associate
Alex Salter, PE
Vice President
Enclosures as noted
100'-0"80 Harrison Ave1 Civic Center Drive140'-3/4"23514178'-2"162'-9 3/4"142'-6"164'-0"181'-2"182'-5"164'-4"137'-4 3/4"153'-5"174'-9"6'-5"11'-11 3/4"10'-4 1/4"APPENDIX A - CALCULATIONS79'-6 1/2"82'-1 1/4"
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San Tomas AreaNeighborhood PlanCampbell VillageNeighborhood PlanEast CampbellAvenueMaster PlanDowntownDevelopmentPlanWinchesterBoulevardMaster PlanPruneyard/CreeksideCommercial DistrictFuture HamiltonAvenue 3UHFLVHPlan OverlayS WINCHESTER BLVDSWINCHESTERBLVDN SAN TOMASAQUINO RDE CAMPBELL AVEWCAMPBELLAVECIVICCENTERDRN LEIGH AVES WINCHESTER BLVDCAPRI DRUNION AVEMCCOY AVEVIRGINIA AVEE RINCON AVEWHACIENDAAVEHARRIET AVELLEWELLYNAVEWESTMONT AVEBURROWS RDSSANTOMASAQUINORDMILLICH D R S1STSTWHITE OAKS RDW SUNNYOAKS AVEW LATIMER AVEELATIMERAVEGRANTSTFULTONSTN CENTRAL AVEN1STSTBUDD AVEW RINCON AVEWHAMILTONAVEEHAMILTONAVE§¨¦17§¨¦17)LJXUH/8Special 3ODQQLQJAreasCampbellVillageNeighborhoodPlanDowntownDevelopmentPlanEast CampbellAvenue MasterPlanFuture HamiltonAvenue 3UHFLVHPlan OverlayPruneyard/Cr...CommercialDistrictSan TomasAreaNeighborhoodPlanWinchesterBoulevardMaster Plan.Revised: May 202203,0006,0001,500Feet1RWH ,QWKHHYHQWWKDWWKHERXQGDULHVVKRZQRQWKLVPDSFRQIOLFWZLWKDQ\PDSVRUERXQGDULHVVKRZQRQWKHDGRSWHG$UHDRU0DVWHU3ODQVWKHVHERXQGDULHVVKDOOVXSHUFHGHDQ\RWKHUVAttachment G
Approved Alcohol-Serving Establishments in the Downtown Area2003 2004 2005 2006 20072008200920102011201220132014201520162017201820192020202120222023111012141616151516212426262625262626262628300 Orchard City Dr. Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum Khartoum KhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoumKhartoum260 E. Campbell Ave. CardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiffCardiff33 S. Central Ave. Giuseppe’s A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' Bellagio A' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' BellagioA' Bellagio201 Orchard City Dr. King's Head King's Head King's Head King's Head King's Head King's Head King's Head The SpotThe SpotThe SpotThe SpotThe SpotThe SpotThe SpotThe SpotThe SpotWater Tower KitchenWater Tower KitchenWater Tower KitchenWater Tower KitchenWater Tower Kitchen200 E. Campbell Ave. Stoddard'sChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupChicken CoupCampbell BrewingCampbell BrewingCampbell BrewingCampbell BrewingIl SognoIl Sogno‐Vacant‐Wild RoseWild Rose369 E. Campbell Ave. Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie Blooms Katie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie BloomsKatie Blooms300 Orchard City Dr. Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu Komatsu KomatsuKomatsuKomatsuKomatsuKomatsu(Closed 5/19/17)422 E. Campbell Ave. ShebeleShebeleShebeleShebeleShebeleShebele360 E. Campbell Ave. Alies Café Alies Café Alies Café Rico's Café Rico's Café Café CampbellCafé CampbellCafé CampbellCafé CampbellCafé CampbellCafé CampbellPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaPino's TrattoriaTrattoria 360Trattoria 360Trattoria 360Trattoria 360349 E. Campbell Ave. Orchard Valley384 E. Campbell Ave. Mio VicinoMio VicinoMio VicinoOlioOlioOlioOlioOlioNashmarkt NashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarktNashmarkt201 E. Campbell Ave.Aqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐MexAqui Cal‐Mex247 E. Campbell Ave.Twist Twist Twist TwistTwistTwistTwistSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi ConfidentialSushi Confidential373 E. Campbell Ave.La Pizzeria La Pizzeria La Pizzeria La Pizzeria La Pizzeria La Pizzeria La PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa PizzeriaLa Pizzeria379 E. Campbell Ave.Good Tastes Good Tastes Good Tastes Cyprus BistroCyprus BistroCyprus BistroLiquid BreadLiquid BreadLiquid BreadLiquid BreadLiquid BreadBoiler MakerBoiler MakerBoiler MakerBoiler MakerSpreadDistrito Federal Distrito Federal 76 E. Campbell Ave.Tigelleria Tigelleria Tigelleria Tigelleria Tigelleria TigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleriaTigelleria‐Vacant‐Locanda SorrentoLocanda Sorrento266 E. Campbell Ave.SliceSliceSliceChacho's Chacho's El Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo'sEl Guapo's415 E. Campbell Ave.Blue Line Pizza Blue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line PizzaBlue Line Pizza Blue Line Pizza Blue Line Pizza Blue Line Pizza139 E. Campbell Ave.Stack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack'sStack's193 E. Campbell Ave.BYRSpreadSpreadSpreadSpreadSpreadSpreadSpreadSpreadOne Raw BarOne Raw BarOne Raw Bar397 E. Campbell Ave.Brown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CowBrown Chicken Brown CoBrown Chicken Brown CoBrown Chicken Brown CoBrown Chicken Brown Cow276 E. Campbell Ave.Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa! Opa!280 E. Campbell Ave.Campbell Gastro PubCiano'sCiano'sWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard HicksWillard Hicks234 E. Campbell Ave.Tessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine BarTessora's Wine Bar400 E. Campbell Ave.Regale Wine BarRegale Restaurant Regale RestaurantLVL UPLVL UPLVL UPLVL UPLVL UPLVL UPLVL UPLVL UP278 E. Campbell Ave.Mo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger JointMo's the Burger Joint394 E. Campbell Ave.Rendezvous Wine BarRendezvous Wine BarVesperVesperVesperVesperVesperVesperVesperVesper368 E. Campbell Ave.The SocialightThe SocialightThe SocialightFlightsFlightsFlightsFlightsFlightsFlightsFlights195 E. Campbell Ave.Manresa BreadManresa BreadManresa Bread Manresa Bread Manresa Bread Manresa Bread220 E. Campbell Ave.Doppio Zero (Approved)43 Harrison Ave.The Spout House= Restaurant with General Alcohol Sales ("Type 47" License)= Restaurant with Beer and Wine Sales ("Type 41" License)= Wine Bar ("Type 42" License)= Full (General) Bar ("Type 48" License)*Year that CUP was approved or ABC License was issued (if no CUP was required)Color Key Site Address (Restaurant converted to a retail store)(License Not Renewed)Number of Establishments by Year Approved*Prepared by Campbell Planning Division - Jan. 2023Attachment H
Restaurants Over TimeRestaurant(Beer & Wine)Wine Bar (none at this time)Full (General) BarDowntown Alcohol‐Serving EstablishmentsRestaurant(General Alcohol)Project SiteProject SiteAttachment I
CB-MU Zoning District Design Standards (CMC Sec. 21.11.060.D)
Building Mass
a.Large building facades shall be divided into smaller elements to
complement the intimate scale created by the existing small
property divisions.
b.Second floor decks or terraces at the rear of buildings for use
by adjacent offices or restaurants should be incorporated
whenever practical to add a sense of vitality to the rear building
facades.
c.Roof design shall be consistent with the building's architectural
style. Mansard, shed or residential type roofs are prohibited
unless it is demonstrated that such a roof style is structurally or
architecturally suitable for the particular project or location.
Other Elements
a.Trash collection and storage areas shall be carefully
screened.
b.Mechanical equipment shall be screened from
view. Exhaust louvers shall not be located in the
storefront areas.
c.Colorfully landscaped planters are allowed. These
are especially appropriate below second floor
windows.
d.All building maintenance shall be done
conscientiously.
Storefronts
a.First floor frontages shall have an integrated design including
display windows, an entry, and signing.
b.The design of the building storefront shall be consistent with
the building's architectural style.
c.Walls facing pedestrian ways should have elements of visual
interest, such as fenestration, displays, signing, or landscaping,
unless the effect of such elements would be clearly contrary to
the purposes of this chapter. Large areas of blank walls should
not be permitted unless it is demonstrated that such blank
areas are clearly more appropriate and harmonious than would
be the case if elements of visual interest were incorporated.
d.Entries should be recessed, as they add depth to storefront,
and act as transition areas between the street and shop
interiors, unless the effects of such entries would be clearly
contrary to the purposes of this paragraph.
e.Doors and windows shall be of clear glass. Unglazed wood
doors, screen doors and doors or windows of heavily tinted or
reflective glass should not be approved unless it is
demonstrated that such doors and windows are the only
structurally or architecturally suitable form for the particular
project or location.
f.Storefront windows shall reflect the building's character. For
instance, on 1940's and 50's "showcase" buildings, exposed
aluminum frame windows are appropriate.
g.Awnings on building facades should be employed when
appropriate, as they add color, weather protection, and
opportunities for signing. As in other architectural elements,
the awnings should be designed to reflect the building's
geometry.
Materials, Colors, and Finishes
a.Primary facade materials shall be limited to those
that are characteristic of the building's
architectural style.
b.Exterior wall finishes shall be smooth and of
finished quality, not deliberately rough in an
attempt to look antiqued or used.
c.Primary building colors shall be characteristic of
the building's architectural style. Overly bright,
garish, or otherwise offensive colors or color
combinations are prohibited.
d.Accent materials such as tile bases shall be
carefully chosen to complement the building style
and coordinate with adjacent buildings. The use of
shingles, lava rock, sheet metal siding, or any other
residential or industrial materials should not be
approved unless it is demonstrated that such
material would be the only structurally or
architecturally suitable materials for the project or
location.
e.Painted trim shall coordinate with primary facade
colors to add more depth and interest to the
buildings.
f.A coordinated color scheme that responds to the
style of the structure shall be developed for each
building. The colors of signing, awnings, planters,
accent materials, and primary facade colors should
all be considered. The number of colors should be
limited.
Building form and Composition
a.Traditional commercial building forms should be incorporated whenever practical.
b.Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows, augmented
with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are the only structurally
or architecturally suitable form of wall for the particular project or location.
c.Architecturally exemplary design of high quality shall be employed. Buildings should not be made to look "old time" unless
such design would be clearly more appropriate and harmonious with the purpose of this chapter.
d.Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style.
Attachment J
1
Daniel Fama
From:Jerry Glembocki <jglembocki@yahoo.com>
Sent:Wednesday, August 23, 2023 10:07 AM
To:Daniel Fama
Subject:Opposition to Proposal for 43 Harrison Ave PLN-2023-82
Dear Daniel,
I am the owner of a residence and small retail area at 63-65 Civic Center Dr.
I would like to urge the council to REJECT the above mentioned application for a beer garden so close to a residential
area. This is not an appropriate area for a beer garden with families and children residing across the street.
Sincerely,
Jerry Glembocki
Attachment K
1
Daniel Fama
From:Mike Peattie <mike.peattie@gmail.com>
Sent:Wednesday, August 23, 2023 4:24 PM
To:Daniel Fama
Subject:Support of The Spout House
Hello Mr. Fama,
I won't be able to attend the meeting this evening, but I would like to extend my support to the proposal regarding The
Spout House. While I literally live across the street from the proposed site, I welcome additional businesses to Campbell
that will cater to families and leverage outdoor spaces. I also trust the ownership and city will take seriously the
concerns of my neighbors regarding potential noise, and will be diligent in controlling/enforcing sound levels. I want to
live in a city where new businesses can thrive and still be respectful of nearby residents.
Best regards,
Mike Peattie
ITEM 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ October 24, 2023
File No(s):
PLN-2023-175
Study Session to review and provide feedback on recommendations
from the Planning Commission’s Ad-Hoc Economic Development
Advisory Committee on proposed amendments to the Campbell
Municipal Code related to the permissibility of land uses in commercial,
office, and industrial zoning districts to support objectives targeting
business attraction and retention identified during preparation of the
City’s updated Economic Development Plan.
RECOMMENDATION
That the Planning Commission receive the report and provide feedback on proposed
amendments to the Campbell Municipal Code related to the permissibility of land uses in
commercial, office, and industrial zoning districts. The Commission may also forward
recommendations to the City Council for consideration.
PURPOSE
This item solicits direction and feedback on recommendations from the Planning
Commission’s Ad-Hoc Economic Development Advisory Committee on proposed
amendments to the Campbell Municipal Code to support objectives identified during
preparation of the City’s updated Economic Development Plan.
BACKGROUND
The City of Campbell is in the process of updating its Economic Development Plan
(“Plan”) which was last adopted in 2017. As a first phase in the preparation of updates to
the Plan, the City’s Economic Development consultant team presented an Existing
Conditions report at a joint meeting of the City Council Economic Development
Subcommittee and Advisory Committee on July 27, 2023, and subsequently to the City
Council on September 5, 2023. The Existing Conditions report summarized feedback
from key stakeholders and identified initial areas where the City should focus to support
economic development. A prominent focus area identified in the report was feedback
from stakeholders concerning challenges with the city’s permitting process based on
current code requirements, including the need to obtain a Conditional Use Permit for
many types of businesses in the city.
Separately, , the Planning Commission created an Economic Development Ad-Hoc
Advisory Committee on July 11, 2023to focus on identifying areas where the city could
streamline its permitting requirements for businesses, specifically reducing the need to
obtain a Conditional Use Permit. Commissioners Davis and Kamkar volunteered to
comprise the Planning Commission’s Ad-Hoc Economic Development Advisory
Committee.
DISCUSSION
Planning Commission Meeting of October 24, 2023 Page 2 of 9
PLN-2023-175 | Study Session on Proposed Amendments
In coordination with staff, the Planning Commission’s Ad-Hoc Economic Development
Advisory Subcommittee identified the following objectives and principles to help focus the
scope of the work:
1. Identify areas to streamline permitting for land use as an overall efficiency
measure and responding to business feedback / market demand.
a. Land uses identified through Economic Development Plan update process
b. Other comparable cities typically have lesser permitting requirements
c. CUP’s for land uses reviewed by Planning Commission before resulted in
minimal public attendance, no denial or major modifications
2. Avoid land use streamlining that requires a more thoughtful / long range
economic development strategy.
a. Avoid focusing on a specific land use area associated with a broader strategy
(future high tech, etc.)
3. Avoid streamlining land uses that require significant stakeholder
engagement or that have legacy issues in the city.
a. Downtown
b. Wireless, Alcohol (in general), Massage, etc.
4. Use zoning tools with streamlining that prevent unintended consequences.
a. Still allow public notification where desirable, protect public health safety and
welfare.
Following review of the City’s Municipal Code and 186 different identified land uses within
the Zoning Ordinance, the sub-committee focused on proposed modifications for the
permissibility of 18 land uses. The subcommittee also met with the City’s Economic
Development consultant Christine Firstenberg, and a Commercial Real Estate Broker,
Econic, to obtain further feedback on areas to focus on.
In approaching the proposed revisions, the sub-committee worked with staff to identify
several tools that could be used in modifying permit requirements to allow for permit
streamlining while avoiding unintended consequences such as land use conflicts or code
enforcement complaints (referenced under #4 above). These included:
• Big vs. Small – streamline uses under a certain size (i.e., 10,000 sq. ft., 20,000
sq. ft.), maintain a requirement for a Conditional Use Permit for uses over this size.
• Reduce from CUP to Admin CUP – allows for neighbor notification and appeal,
avoids required public hearing and staff report.
• Set performance standards to meet policy goals - cap on percentage of
property used by medical offices, etc. to avoid full conversion of commercial
centers to medical.
The Economic Development sub-committee, in consultation with staff, is recommending
the following modifications to the Campbell municipal code to support economic
Planning Commission Meeting of October 24, 2023 Page 3 of 9
PLN-2023-175 | Study Session on Proposed Amendments
development goals and achieve permit streamlining. For reference in the following table,
the following terms and processes apply:
1. Zoning Clearance (ZC) – Issued by staff under the authority of the Director as
part of a Business License. Not subject to appeal or public input.
2. Administrative Conditional Use Permit (Admin. CUP) – Approved by Director,
after public notice. Decision may be appealed to Planning Commission and
Council.
3. Conditional Use Permit (CUP) – Approved by Planning Commission after public
notice and public hearing. Decision may be appealed to Council.
Index # Land Use Existing Permit Process Proposed
38 Studios, Large
(over 12)
Requires approval of a
Conditional Use Permit in
all Zoning Districts except
for Professional Office
where the use is
prohibited.
Allow in all zones with approval of an
Admin. CUP when less than 20% of
the gross floor area of a property.
Allow with the approval of a CUP
beyond 20% of the gross floor area
of a property.
39 Studios, Small
(up to 12)
Requires approval of a
Conditional Use Permit in
all Zoning Districts except
for Professional Office
where the use is
prohibited.
Allow in all zones with approval of a
ZC when located more than 50-feet
away from right-of-way and
occupying less than 10% of the
gross floor area of a property.
Allow with the approval of an Admin.
CUP up to 20% of the gross floor
area of a property.
Allow with the approval of a CUP
beyond 20%.
42 Tutoring centers,
large, subject to
Section 21.36.243
Requires approval of a
Conditional Use Permit in
the Neighborhood
Commercial, and General
Commercial Zoning
District.
Permitted with a Zoning
Clearance in the
Professional Office zoning
district.
Neighborhood Commercial &
General Commercial Zones:
Reduce to Admin. CUP in when less
than 20% of the gross floor area of a
property.
Allow with the approval of a CUP
beyond 20% of the gross floor area
of a property.
Professional Office Zones:
Maintain Zoning Clearance in
Professional Office.
Planning Commission Meeting of October 24, 2023 Page 4 of 9
PLN-2023-175 | Study Session on Proposed Amendments
43 Tutoring centers,
small, subject to
Section 21.36.243
Requires approval of a
Conditional Use Permit in
the Neighborhood
Commercial, and General
Commercial Zoning
District.
Permitted with a Zoning
Clearance in the
Professional Office.
Neighborhood Commercial &
General Commercial Zones:
Allow with approval of a ZC when
located more than 50-feet away from
right-of-way and occupying less than
10% of the gross floor area of a
property.
Allow with the approval of an Admin.
CUP up to 20% of the gross floor
area of a property.
Allow with the approval of a CUP
beyond 20% of the gross floor area
of a property.
Professional Office Zones:
Maintain Zoning Clearance in
Professional Office.
48 Convenience
markets/stores
Requires approval of a
Conditional Use Permit in
Neighborhood Commercial
and General Commercial
zoning districts.
Remove land use distinction;
consolidate with “#54 & #55 -
Grocery stores”.
Clarify definition of liquor
establishment to more clearly include
uses that are not “primarily devoted”
to the sale of alcohol.
49 Department stores Prohibited in
Neighborhood Commercial
zoning district. Requires
approval of a Conditional
Use Permit in General
Commercial zoning
district.
Remove land use distinction;
consolidate with “#68 - Retail stores,
general merchandise”.
54 Grocery stores
(greater than ten
thousand square
feet)
Requires approval of a
Conditional Use Permit in
the Neighborhood
Commercial and General
Commercial zoning
districts.
Allow with the approval of an Admin.
CUP up to 20,000 square feet.
Allow with the approval of a CUP
beyond 20,000 square feet.
55 Grocery stores
(under ten
thousand square
feet)
Permitted with a Zoning
Clearance in the
Neighborhood Commercial
and General Commercial
zoning districts.
No change to permit process; update
definition to include meat markets,
and convenience stores.
58 Liquor
establishments
Requires approval of a
Conditional Use Permit in
the Neighborhood
Commercial, and General
Amend findings for 21.36.115 to
findings of overconcentration for
consideration of restaurants with
Planning Commission Meeting of October 24, 2023 Page 5 of 9
PLN-2023-175 | Study Session on Proposed Amendments
Commercial zoning
districts.
beer/wine only service (including in
the Downtown).
Require Admin CUP for restaurants
with beer/wine only service.
Require CUP for all other liquor
establishments, including bars and
restaurants with hard liquor.
Clarify definition of “Restaurants or
Cafes” (CMC 21.72) to clarify
restaurants serving alcoholic
beverages are subject to the
definition of a liquor establishment.
Add operational requirements as part
of Chapter 21.36 (Special Uses).
62 Meat markets Permitted with a Zoning
Clearance in
Neighborhood Commercial
zoning district.
Remove land use distinction;
consolidate with “#54 & #55 -
Grocery stores”.
Update definition of grocery store to
not result in a conflict with this
change.
63 Music (recordings)
stores
Requires approval of a
Conditional Use Permit in
the Neighborhood
Commercial, and General
Commercial Zoning
Districts.
Remove land use distinction;
consolidate with “#68 - Retail stores,
general merchandise”
69 Second hand/thrift
stores
Prohibited in
Neighborhood
Commercial.
Requires approval of a
Conditional Use Permit in
General Commercial.
Neighborhood Commercial &
General Commercial Zones:
Consolidate with “#68 - Retail stores,
general merchandise” when
operating without a donation and/or
pawn/purchasing component.
General Commercial Zones:
Allow with approval of a Conditional
Use Permit for all other second
hand/thrift stores (i.e. with donation)
in General Commercial.
Planning Commission Meeting of October 24, 2023 Page 6 of 9
PLN-2023-175 | Study Session on Proposed Amendments
77 Indoor amusement
/ entertainment /
recreation centers
Prohibited in
Neighborhood
Commercial.
Requires approval of a
Conditional Use Permit in
General Commercial.
Neighborhood Commercial Zone:
Allow with approval of a Conditional
Use Permit in Neighborhood
Commercial.
General Commercial Zone:
Allow with approval of a ZC when
located more than 50-feet away from
right-of-way and occupying less than
10% of the gross floor area of a
property.
Allow with the approval of an Admin.
CUP up to 20% of the gross floor
area of a property.
Allow with the approval of a CUP
beyond 20%.
88 Cat and dog
grooming facilities
Prohibited in
Neighborhood
Commercial.
Requires approval of a
Conditional Use Permit in
General Commercial.
Neighborhood Commercial Zone:
Allow with the approval of an Admin.
CUP up to 20% of the gross floor area
of a property.
Allow with the approval of a CUP
beyond 20%.
General Commercial Zone:
Allow with approval of a ZC when
located more than 50-feet away from
right-of-way and occupying less than
10% of the gross floor area of a
property.
Allow with the approval of an Admin.
CUP up to 20% of the gross floor area
of a property.
Allow with the approval of a CUP
beyond 20% of a property.
97 Health/fitness
centers
Allowed with a Conditional
Use Permit in all zones.
Neighborhood Commercial & General
Commercial Zones:
Allow with the approval of an Admin.
CUP up to 10,000 square feet.
Planning Commission Meeting of October 24, 2023 Page 7 of 9
PLN-2023-175 | Study Session on Proposed Amendments
Allow with the approval of a CUP over
10,000 square feet.
All Other Zones:
Require Conditional Use Permit.
125 Motor vehicle—
repair and
maintenance
(minor and
major/only within
an enclosed
structure)
Allowed with a Conditional
Use Permit in the Light
Industrial zone.
Light Industrial Zones:
Allow with the approval of an Admin.
CUP up to 10,000 sq. ft. when
located more than 500 feet from non-
industrial uses (i.e., residential).
Require Conditional Use Permit
when larger than 10,000 sq. ft. or
closer than 500-feet from non-
industrial uses.
Add additional operational
requirements to Chapter 21.36.140
(Motor vehicle repair facilities) to
require ledger accounting for
vehicles under service/care.
133 Restaurants, fast
food (with or
without drive-in
service);
Note: Does not
include “drive-thru”
uses which are
separately defined
as “outdoor active
activities”.
Allowed with a Conditional
Use Permit in the
Neighborhood Commercial
and General Commercial.
General Commercial Zone:
Allow with the approval of an Admin.
CUP.
Neighborhood Commercial Zone:
Retain requirement for Conditional
Use Permit.
139 Medical services,
clinics
Allowed with a Conditional
Use Permit in the
Neighborhood
Commercial, General
Commercial, Professional
Office, and Research and
Development Zones.
Professional Office Zones:
Permit with a Zoning Clearance in
the Professional Office and
Professional Office-Mixed Use
zoning districts.
Neighborhood Commercial &
General Commercial Zones:
Allow with approval of a Zoning
Clearance when located more than
50-feet away from right-of-way and
Planning Commission Meeting of October 24, 2023 Page 8 of 9
PLN-2023-175 | Study Session on Proposed Amendments
occupying less than 10% of the
gross floor area of a property.
Allow with the approval of an Admin.
CUP up to 20% of the gross floor
area of a property.
Allow with the approval of a CUP
beyond 20% of the gross floor area
of a property.
Establish a new use “medical retail”
(i.e., LensCrafters), similar as
allowed in the Pruneyard, which
would be permitted with a Zoning
Clearance.
Research and Development Zone:
No changes proposed.
144 Alternative fuels
and recharging
facilities
Requires approval of a
Conditional Use Permit in
Neighborhood
Commercial, General
Commercial, and Light
Industrial zoning districts.
Allow in all non-residential zoning
districts with the approval of an
Administrative Conditional Use
Permit.
Additional Changes: In addition to the changes identified above, staff intends to address
various typographical issues and redundancies in the code that will result in the removal
of the “N/A” category and several of uses identified as “expressly prohibited” that are
separately addressed in the land use table. Further, several definitions will be enhanced
to clarify the intended meaning of various definitions – including, but not limited to, the
definition of “outdoor active activities” to clarify the use more clearly applies to drive-thru
establishments and not businesses that have walk-up windows.
NEXT STEPS
Following the subject meeting, staff will hold a study session with the City Council
tentatively scheduled for the December 5, 2023, meeting. Based on feedback provided
by the City Council, updates to the Campbell Municipal Code will be prepared for adoption
with the Economic Development Plan later this year.
FISCAL IMPACTS
There are no direct fiscal impacts associated with this item.
Planning Commission Meeting of October 24, 2023 Page 9 of 9
PLN-2023-175 | Study Session on Proposed Amendments
Prepared by: _________________________________
Stephen Rose, Senior Planner
Approved by: _________________________________
Rob Eastwood, AICP, Community Development Director
ATTACHMENTS
A. Commercial, Office, and Industrial Land Use Table (CMC 21.10.030)
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 3 of 41
21.10.020 General permit requirements.
A. Zoning clearance. A zoning clearance is a ministerial permit that the community development director uses
to verify that a proposed structure or land use activity complies with the list of activities allowed in the
applicable zoning district, the development standards applicable to each type of use, and any conditions of
approval of permits previously issued for the subject site. Before commencing any work pertaining to the
alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to
any structure, a building permit shall be obtained from the building division and a zoning clearance from the
community development department by an owner or owner's agent.
B. Site and architectural review required. All construction activities (e.g., additions, alterations, construction,
reconstruction, or remodeling) shall receive site and architectural review approval in compliance with
Chapter 21.42 (Site and Architectural Review).
(Ord. 2043 § 1(part), 2004).
21.10.030 Commercial, Office, and Industrial land uses.
The permissibility of land uses in residential districts shall be as specified by Table 2-5 (Land Use Table –
Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational standards contained
in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in
compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the
approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed
as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or
Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The list of land uses is organized by headers which
themselves do not convey an intended land use.
Table 2-5
Land Use Table — Commercial, Office, and Industrial Zoning Districts
Zoning District Map Symbol
# Land Use NC GC PO RD LI
Manufacturing, Processing, and Storage
1 Artisan products, small-scale assembly X P X P P
2 Building material stores/yards X X X X C
3 Chemical products X X X X C
4 Clothing products manufacturing X X X P P
5 Contractor's equipment yards X X X X C
6 Electronics and equipment manufacturing X X X P P
7 Food and beverage product manufacturing X X X P P
8 Furniture/cabinet shops X X X P P
9 Glass products manufacturing; X X X P P
10 Handicraft industries, small scale assembly X P X P P
11 Laboratories X X X X P
12 Laundries/dry cleaning plants X X X P P
13 Lumber and wood products, including incidental mill work X X X X P
14 Machinery manufacturing X X X P P
15 Metal products fabrication X X X P P
16 Outdoor storage X X X X C
17 Paper products manufacturing X X X P P
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 4 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
18 Pharmaceutical manufacturing X X X P P
19 Plastics and rubber products X X X P P
20 Printing and publishing X X X P P
21 Recycling facilities - processing facility X X X X C
22 Research and development X X X P P
23 Rug and upholstery cleaning X X X X P
24 Sign manufacturing X X X P P
25 Storage facilities (one facility per every five thousand
people of the population) X X X X C
26 Textile products manufacturing X X X P P
27 Warehousing, wholesaling and distribution facility,
incidental. X X X X P
28 Warehousing, wholesaling and distribution facility,
primary. X X X X P
Recreation, Education, Public Assembly
29 Commercial day care centers C C C X X
30 Commercial schools C C X X X
31 Community/cultural/recreational center C C C X X
32 Golf courses and golf driving ranges X C X X X
33 Libraries, public P P C X X
34 Membership organization facilities X X C X X
35 Miniature golf courses X C X X X
36 Museums, public C C X X X
37 Public assembly uses C C C X C
38 Studios, large C C X C C
39 Studios, small C C X C C
40 Schools—K-12, private C C C X X
41 Schools—K-12, public P P P X X
42 Tutoring centers, large, subject to Section 21.36.243 C C P X X
43 Tutoring centers, small, subject to Section 21.36.243 C C P X X
44 Universities/colleges, private C C C X X
45 Universities/colleges, public P P X X X
Retail
46
Ancillary retail operations associated with a lawfully
established use which occupy no more than twenty-five
percent of the use's existing floor area.
X X X X C
47 Ancillary retail uses serving industrial uses X X X C C
48 Convenience markets/stores; C C X X X
49 Department stores X C X X X
50 Furniture, furnishings, and equipment stores (greater than
ten thousand square feet) C P X X X
51 Furniture, furnishings, and equipment stores (under ten
thousand square feet) C P X X X
52 Garden centers/plant nurseries C P X X X
53 Gasoline stations C C X X X
54 Grocery stores (greater than ten thousand square feet) C C X X X
55 Grocery stores (under ten thousand square feet) P P X X X
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 5 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
56 Hardware stores (greater than ten thousand square feet) C C X X X
57 Hardware stores (under ten thousand square feet) P P X X X
58 Liquor establishments C N/A X X X
59 Liquor establishments (on-site consumption only); N/A C X X X
60 Liquor stores C N/A X X X
61 Liquor stores (off-site consumption only); X C X X X
62 Meat markets P X X X X
63 Music (recordings) stores C C X X X
64 Outdoor retail sales and activities X C X X X
65 Pet stores C C X X X
66 Pharmacies/drug stores P P X X X
67 Pharmacies/drug stores, with drive-up service; X C X X X
68 Retail stores, general merchandise; P P X X X
69 Second hand/thrift stores X C X X X
70 Shopping centers (greater than ten thousand square feet) C C X X X
71 Shopping centers (under ten thousand square feet) P P X X X
72 Vending machines P P X X X
73 Warehouse retail stores C C X X X
Entertainment
74 Arcades C C X X X
75 Dancing and live entertainment C C X X X
76 Drive-in theaters X C X X X
77 Indoor amusement/entertainment/recreation centers X C X X X
78 Nightclubs with or without food service X C X X X
79 Outdoor amusement/entertainment/recreation centers X C X X X
80 Theaters, movie or performing arts X C X X X
General Services
81 Adult day care facilities X C X X X
82 Automated teller machines (ATM's) P P X X X
83 Banks and financial services P P X X X
84 Bed and breakfast inns (only in historic structures) X C X X X
85 Blueprinting shops X P X P P
86 Business support service X X X P P
87 Cat and dog day care facilities X C X X C
88 Cat and dog grooming facilities X C X X C
89 Cat Boarding facilities X C X X C
90 Catering business X X X X C
91 Catering business, only when ancillary to a restaurant P P X X X
92 Check cashing X C X X X
93 Construction equipment rentals X X X X C
94 Dog Boarding facilities X X X X C
95 Dry cleaning P P X X X
96 Equipment rental establishments X C X X X
97 Health/fitness centers C C C C C
98 Hotel C P X X X
99 Laundromats, self-service P P X X X
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 6 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
100 Massage establishments X C C X X
101 Motel C P X X X
102 Payday lender X C X X X
103 Personal services, general P P X X X
104 Personal services, limited X C X X X
105 Photocopying P P X X X
106 Photography studio/supply shop P P X X X
107
Recycling facilities—Reverse vending machines, other
than such machines with a permit issued pursuant to
Section 21.36.245
C C X X X
108
Recycling facilities - large collection facility, other than
such facilities with a permit issued pursuant to Section
21.36.245.
X X X X C
109
Recycling facilities—small collection facility, other than
such facilities with a permit issued pursuant to Section
21.36.245
C C X X X
110 Repair and maintenance, consumer products P P X X P
111 Sign shops X C X X P
112 Spa services C C X X X
113 Tanning studios C C X X X
114 Veterinary clinics and animal hospitals C C X X C
115 Video rental stores C C X X X
Motor Vehicles, Trailers, and Watercraft
116 Marine sales (new and used), with/without service
facilities X X X X C
117 Motor vehicle - cleaning, washing, and detailing X C X X C
118 Motor vehicle—dismantling X X X X C
119 Motor vehicle—leasing X X X X C
120 Motor vehicle - oil change facilities X C X X C
121 Motor vehicle—painting X X X X C
122 Motor vehicle - parts and supplies (very limited
maintenance/installation) X C X X X
123 Motor vehicle—renting X X X X C
124 Motor vehicle - renting and leasing X C X X N/A
125 Motor vehicle—repair and maintenance (minor and
major/only within an enclosed structure) X X X X C
126 Motor vehicle—repair and maintenance (minor/only
within an enclosed structure). X X X X C
127 Motor vehicle - sales (new and/or used) X C X X C
128 Motor vehicle—tune-up X X X X C
129 Motor vehicle—tune-up—light duty only X X X X C
130 Motor vehicle—window tinting X X X X C
131 Trailer sales (with or without service facilities) X X X X C
Food Services
132 Banquet facilities X C X X X
133 Restaurants, fast food (with or without drive-in service); C C X X X
134 Restaurants or cafes (excluding fast food or drive-ins) P P X C C
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 7 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
135 Restaurants with late night activities or banquet facilities C C X X X
Medical Services
136 Ambulance service X P X X P
137 Convalescent/rest homes C C X X X
138 Hospitals X C X X X
139 Medical services, clinics C C C C X
140 Medical services, extended care C C X C X
141 Medical services, laboratories X P C C X
Offices
142 Offices, professional; P P P AC AC
143 Travel agencies P P X X X
Transportation, Parking, and Communications
144 Alternative fuels and recharging facilities C C X X C
145 Broadcast and recording studios C C C C C
146 Light rail lines X X X X P
147 Light rail passenger terminals P P X P P
148 Parking lots/structures, public P P C C C
149 Radio or television transmitters C C C C C
150 Radio stations X C X C C
151 Satellite television or personal internet broadband
dishes/antenna (less than 3 feet in diameter) P P P P P
152 Towing services X X X X C
153 Trucking/freight terminal X X X X P
154 Wireless telecommunications facilities
May be allowed in compliance with CMC
Chapter 21.34 (Wireless
Communications Facilities)
Other Uses
155 Caretaker/employee housing X C X C C
156
Emergency shelters; within parcels depicted by Figure II-
63 (Parcels Allowing Emergency Shelters) of the City of
Campbell Housing Element
P P P P P
157
Emergency shelters; outside parcels depicted by Figure II-
63 (Parcels Allowing Emergency Shelters) of the City of
Campbell Housing Element
C C X C C
158 Collection containers, small, subject to obtaining a permit
pursuant to Section 21.36.245 P P X X P
159 Conversion, commercial converted from residence C C C X X
160 Conversion, industrial converted from residence X X X X C
161 Government offices and facilities (local, State or federal) C C C C C
162 Late night activities C C C C C
163 Outdoor active activities (e.g., drive-up windows) X C X X X
164 Outdoor seating, when more than twelve total seats C C X X X
165 Outdoor seating, when twelve total seats or less P P X X X
166 Philanthropic collection trailers C C X X X
167 Public utility service yards X X X C X
168 Public utility structures and service facilities C C X C C
169 Public works maintenance facilities and storage yards X C X C C
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 8 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
170 Sexually oriented business in compliance with Chapter
5.55 and section 21.35.205 of this Code. X X X X P
171 Temporary uses May be allowed in compliance with CMC
Chapter 21.45 (Temporary Uses)
172 The use of any building that was constructed as a
residential structure for a commercial or office use C C C X X
173 Transitional housing C C X X C
174 Warehousing, wholesaling and distribution facility,
incidental (less than fifty percent of floor area); X X X P X
Expressly Prohibited Uses
175 Any business that includes smoking tobacco on site (e.g.,
smoking lounges, hookah lounges, etc.) N/A N/A N/A X X
176 Any use inconsistent with state or federal law X X X X X
177
Any use which is obnoxious or offensive or creates a
nuisance to the occupants or commercial visitors of
adjacent buildings or premises by reason of the emissions
of dust, fumes, glare, heat, liquids, noise, odor, smoke,
steam, vibrations, or similar disturbances
X X X X X
178 All incineration N/A N/A N/A X X
179 Storage of commercial and industrial vehicles, except for
the purpose of loading and unloading X N/A X X X
180 Storage of industrial vehicles, except for the purpose of
loading and unloading. N/A X N/A X X
181
The storage or warehousing of merchandise or products in
the building or on the premises, unless otherwise
approved
X X X X X
182 The outdoor storage of merchandise or products X X X X X
183 The outdoor storage of merchandise or products, unless
otherwise approved. N/A X N/A X X
184
The storage of raw, in process, or finished material and
supplies, and of waste materials outside of an enclosed
building;
N/A N/A N/A X X
185
The assembly, compounding, manufacturing, or
processing of merchandise or products, except such as are
customarily incidental or essential to permitted retail
commercial and service uses
X X X X X
186
The use of any building that was constructed as a
residential structure. Such building is considered
nonconforming and subject to the provisions of Chapter
21.58 (Nonconforming Uses and Structures)
N/A N/A N/A X X
21.10.040 Commercial, Office, and Industrial subdivision standards.
In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land
Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in commercial,
office, and industrial zoning districts shall be as specified by Table 2-6 (Minimum Parcel Sizes for Newly Created
Parcels — Commercial, Office, and Industrial Districts). Areas of special limitations may also be identified on the
To: Chair Buchbinder and Planning Commission Members
Date: October 24, 2023
From: Stephen Rose, Senior Planner
Via: Rob Eastwood, Community Development Director
Subject: Item 3 – Study Session | Permissibility of Land Uses
Following the release of the October 24, 2023, packet, staff identified five (5) additional
land use changes, related to efforts and discussions held with the Planning Commissions’ Economic Development Advisory Subcommittee which were not included in the report. The changes identified serve to streamline permit processes by simplifying distinctions
between similar land uses and related definitions. A discussion of these changes will be
captured in the staff presentation.
Index # Land Use Existing Permit Process Proposed
2 Building material stores/yards
Note: Existing definition
of hardware store indicates that facilities
over 10,000 square feet
are considered “building material/stores/yards” in
conflict with #56 –
Hardware stores (greater than 10,000
square feet).
Requires approval of a Conditional Use Permit
in the Light Industrial
zoning district.
Prohibited in all other
zoning districts.
Establish definition for building material stores/yards when operating
as a primary use in the Light
Industrial zoning district.
Update definition of #68 - Retail
stores, general merchandise to
include allowance for the sale of building materials and a reduced
parking standard for such areas
consistent with Chapter 21.28 – Parking and Loading.
Delete definition of “Craft-type
shops” which provides references to building material/store yards.
16 Outdoor storage Requires approval of a Conditional Use Permit
in the Light Industrial
zoning district.
Prohibited in all other
zoning districts.
Split land use into two categories to be regulated as follows:
Outdoor storage, primary
City of Campbell
MEMORANDUM
Planning Division
Item 3 – Study Session | Permissibility of Land Uses; Desk Item(s) October 24, 2023 Page 2 of 2
Require approval of a Conditional Use Permit in the Light Industrial
zoning district.
Outdoor storage, incidental
Allow in the General Commercial
zoning district with the approval of a
Conditional Use Permit.
56 Hardware stores
(greater than ten thousand square feet)
Requires approval of a
Conditional Use Permit in the Neighborhood
Commercial and
General Commercial zoning districts.
Remove land use distinction;
consolidate with “#68 - Retail stores, general merchandise”.
Remove definition of hardware store.
57 Hardware stores (under ten thousand square
feet)
Permitted with a Zoning Clearance in the
Neighborhood
Commercial and General Commercial
zoning districts.
Remove land use distinction; consolidate with “#68 - Retail stores,
general merchandise”.
68 Retail stores, general
merchandise
Permitted with a Zoning
Clearance in the Neighborhood
Commercial and
General Commercial zoning districts.
Update to include #49 Department
stores, #63 Music (recordings) stores, #56 Hardware stores (greater
than ten thousand square feet), &
#57 Hardware Stores (less than 10,000 square feet).
Neighborhood Commercial &
General Commercial Zones:
Permit with a Zoning Clearance under 10,000 square feet.
Allow with the approval of an Admin.
CUP up to 20,000 square feet.
Allow with the approval of a CUP
beyond 20,000 square feet.
Further, to support the Planning Commission in its review, related land use definitions
have been attached for ease of reference. Exhibits: 1. Related Definitions
Exhibit 1
Related Defini�ons | CMC 21.72
Index # Land Use Existing Definition
2 Building material stores/yards Undefined term; except as provided by other definitions.
16 Outdoor storage "Outdoor storage" means the storage of various materials, including contractors' equipment, outside of a structure
other than fencing, either as an accessory or principal use,
suitably screened from public view, but not within fifty feet of a residentially zoned parcel. Outdoor storage shall
comply with the provisions of Section 21.36.160.
38 Studios, Large
(over 12)
"Studios, large" means an establishment that offers
instruction to more than twelve participants any one time, involving physical or artistic skills and techniques, including
but not limited to dance, music, fitness training, martial arts
and fine arts.
39 Studios, Small
(up to 12)
"Studios, small" means an establishment that offers
instruction to twelve or fewer participants at any one time,
involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training, martial arts
and fine arts.
42 Tutoring centers, large,
subject to Section 21.36.243
"Tutoring center, large" means an establishment providing
instruction to more than twelve students at any one time, for personal or professional enrichment, involving scholastic,
non-physical pursuits, including but not limited to
academics, language instruction, wine appreciation, and computer training. Establishments providing instruction as a
part of a certificate or degree granting program are included
under the definition of "commercial school."
43 Tutoring centers, small, subject to Section 21.36.243 "Tutoring center, small" means an establishment providing instruction to twelve or fewer students at any one time, for
personal or professional enrichment, involving scholastic,
non-physical pursuits, including but not limited to academics, language instruction, wine appreciation, and
computer training.
48 Convenience markets/stores "Convenience markets/stores" means an establishment that
includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises
consumption and typically found in establishments with long
or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops
Related Defini�ons – CMC 21.72
and also excluding establishments which have a sizeable
assortment of fresh fruits and vegetables and fresh-cut meat. These stores can be part of a gasoline station or an
independent facility.
49 Department stores "Department store" means a retail store offering a full line of general merchandise items.
54 Grocery stores (greater than
ten thousand square feet)
"Grocery stores" means an establishment which sells staple
food items (e.g., coffee, sugar, flour, etc.) and usually
meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household supplies (e.g., soap,
matches, paper napkins, etc.); a minor portion of the food
sold may be processed on site (e.g., deli or bakery services). Food stores specializing in a single type of these
items (e.g., candy stores, produce only shops, coffee and
tea shops, etc.) are not classified as grocery stores.
55 Grocery stores (under ten
thousand square feet)
"Grocery stores" means an establishment which sells staple
food items (e.g., coffee, sugar, flour, etc.) and usually
meats and other foods (e.g., fruits, vegetables, dairy
products, etc.) and household supplies (e.g., soap, matches, paper napkins, etc.); a minor portion of the food
sold may be processed on site (e.g., deli or bakery
services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and
tea shops, etc.) are not classified as grocery stores.
56 Hardware stores (greater than ten thousand square feet) "Hardware store" means a facility of ten thousand or fewer square feet gross floor area, primarily engaged in the retail
sale of various basic hardware lines, such as tools, builders'
hardware, plumbing and electrical supplies, paint and glass,
housewares and household appliances, garden supplies,
and cutlery; if a facility is greater than ten thousand square
feet, it is a building materials supply store/yard ("building
materials stores/yards").
57 Hardware stores (under ten
thousand square feet)
"Hardware store" means a facility of ten thousand or fewer
square feet gross floor area, primarily engaged in the retail
sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass,
housewares and household appliances, garden supplies,
and cutlery; if a facility is greater than ten thousand square
Related Defini�ons – CMC 21.72
feet, it is a building materials supply store/yard ("building
materials stores/yards").
58 Liquor establishments "Liquor establishments" means a retail activity that is
primarily devoted to the selling of alcoholic beverages as a
stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for consumption on the
premises.
62 Meat markets Undefined term; except as provided by other definitions.
63 Music (recordings) stores "Music (recordings) store" means an establishment primarily engaged in retailing new prerecorded audio and
video tapes, compact discs (CDs), digital video discs
(DVDs), and phonograph records.
68 Retail stores, general merchandise "Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise. These
stores and lines of merchandise include:
1. Art stores/ galleries; 2. Antiques;
3. Artists' supplies;
4. Bakeries (retail only); 5. Boat supplies;
6. Beauty supply;
7. Bicycles; 8. Cameras and photographic supplies;
9. Candy stores;
10. Clothing and accessories;
11. Collectibles; 12. Drug and discount stores;
13. Fabrics and sewing supplies;
14. Florists and houseplant stores (indoor sales only—outdoor sales are "garden centers/plant nurseries");
15. Gifts, novelties and souvenirs;
16. Delicatessens; 17. Handcrafted items (stores may include crafting
preparations subordinate to retail sales);
18. Hobby materials; 19. Jewelry;
20. Luggage and leather goods;
21. Meat market; 22. Newsstands;
23. Orthopedic supplies;
24. Photography studio/supply shops;
Related Defini�ons – CMC 21.72
25. Shoes;
26. Small wares; 27. Specialty shops;
28. Sporting goods and equipment;
29. Stationery; 30. Toys and games;
Variety stores.
69 Second hand/thrift stores "Secondhand/thrift stores" means indoor retail establishments that buy and sell used products, including
books, clothing, furniture, and household goods. The sale of
cars and other used vehicles is included under "Motor Vehicle Sales."
77 Indoor amusement /
entertainment / recreation
centers
"Indoor amusement/entertainment/recreation centers"
means indoor establishments providing
amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing coin
operated amusements and/or electronic games; bowling
alleys; card rooms; dance halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather
than being subordinate to a bar or restaurant; ice skating,
and roller skating; skateboard ramps, and trampoline centers. Does not include " sexually oriented businesses"
as defined in Campbell Municipal Code Section 5.55.020
(Definitions).
88 Cat and dog grooming facilities "Cat and dog grooming facilities" means facilities where
cats and dogs are bathed, clipped, or combed for the
purpose of enhancing their aesthetic value and/or health
and for which a fee is charged. Includes self-service cat-
and dog-washing facilities where the customers provide the
labor.
97 Health/fitness centers "Health/fitness centers" means membership based fitness
facilities, gymnasiums, athletic clubs, and similar
establishments requiring membership for access.
125 Motor vehicle—repair and
maintenance (minor and major/only within an enclosed
structure)
"Motor vehicle repair and maintenance, minor and major"
means major vehicle repair facilities deal with the entire vehicle; minor repair facilities generally specialize in limited
aspects of repair (e.g., muffler and radiator shops, tire
shops.) All repair activities (minor and major) are conducted
Related Defini�ons – CMC 21.72
within a completely enclosed and soundproofed structure.
Does not include: motor vehicle dismantling yards which are included under "motor vehicle dismantling." Motor
vehicle repair facilities shall comply with the provisions of
Section 21.36.140.
133
Restaurants, fast food (with or without drive-in service);
Note: Does not include “drive-
thru” uses which are
separately defined as “outdoor active activities”.
"Restaurants, fast food" means establishments whose
primary business is the sale of food and beverages to
customers for consumption on-site or off-site.
Customarily less than fifty percent of the total gross floor
area is used for customer seating. Interior furnishings
include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to
order. Plates and cutlery are disposable. Condiment bars
and trash disposal are self-service.
139 Medical services, clinics "Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental health,
surgical, and other personal health services. These include:
medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included
under "offices"); outpatient care facilities; emergency room
services; and allied health services. Associations or groups primarily engaged in providing medical or other health
services to members are included.
144 Alternative fuels and
recharging facilities
"Alternative fuels and recharging facilities" means a
commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g.,
LPG) as well as equipment to recharge electric powered
vehicles.
N/A Craft-type shops "Craft-type shops" are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops
are included under "Furniture/Cabinet Shops." The indoor
retail sale of building materials, construction tools and equipment is included under "Building Material
Stores/Yards."