CC Ordinance 2306 - Amendments to Title 5, 10 and 21 of the Campbell Municipal Code Serving to Streamline Permit Processes in support of Economic Development Objectives ORDINANCE NO. 2306
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING TITLE 5 (BUSINESS LICENSES AND
REGULATIONS), TITLE 10 (VEHICLES AND TRAFFIC), AND TITLE
21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE. FILE NO. PLN-
2022-175.
WHEREAS, after notification and public hearing, as specified by law and after presentation
by the Community Development Director, proponents and opponents, the hearing was
closed.
WHEREAS, the subject Ordinance will amend Title 5 (Business Licenses and Regulations),
Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code as set
forth herein.
WHEREAS, the proposed amendments would be consistent with the following policies and
actions from the 2040 General Plan:
Policies:
• ED-2.1 — Identify the needs, barriers, and concerns of existing businesses and ensure that they
are addressed.
• ED-2.2— Implement predictable and streamlined development review processes and practices
that include clear, zoning regulations; ensuring permitting information is readily available and
easily accessible to the general public and business community.
• ED-2.3 — Ensure that the city's development process and zoning regulations facilitate
expeditious review of commercial, office, and light industrial development proposals that meet
Campbell's goals and provide high-quality jobs and that create a multiplier effect for the local
economy.
• ED-2.7—Ensure that the City provides a business-friendly service oriented, and solutions-based
approach to permitting through efficient processing of applications and permits.
Actions:
• ED-2.a — Review, and update as necessary, zoning and other development regulations and
application review and permitting process in order to ensure consistency with land use policies
in this General Plan aimed at spurring job growth and economic development. Revisions may
include increased flexibility regarding use types, business operations, site development
standards, reduced parking standards near transit stations, or other changes intended to reduce
impediments to development consistent with the goals of this General Plan.
• ED-3.b—Ensure that zoning and other development regulations do not include internal conflicts
or other unintended development impediments that would limit full and complete utilization of
sites zoned for commercial and light industrial activities, consistent with the maximum densities
and development intensities allowed by the zoning code.
WHEREAS, the legislature of the State of California has, in Government Code Sections
65302, 65560 and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, review and adoption of the proposed amendments is done in compliance with
California Government Code Sections 65853 through 65857, which require a duly noticed
public hearing of the Planning Commission whereby the Planning Commission shall provide
its written recommendation to the City Council for its consideration.
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WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review under
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no
possibility that the proposed changes to the City's Municipal Code, which broadly serve to
change permit processing procedures and clarify distinctions between land uses, may have
a significant effect on the environment.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city.
WHEREAS, the proposed amendments are internally consistent with other applicable
provisions of the Campbell Municipal Code and Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council
provided due consideration of all evidence presented and provided in the entire administrative
record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and
Title 21 (Zoning) of the Campbell Municipal Code are amended as set forth herein below.
Section 2. Campbell Municipal Code Section 5.04.010 (Designated) is hereby amended
to read as follows with strikeouts (strikeouts) indicating deleted text.
5.04.010-Designated.
Every person conducting businesses, professions and activities in the city,the primary nature of which is
indicated in the following schedule,shall annually pay the license tax set opposite the same, based upon the average
number of employees in such business,according to the following schedules,unless such business is otherwise
specifically taxed by other provisions of this chapter:
Commercial:
(Schedule I) 1 to 5 employees $126.00
6 to 15 employees 202.00
16 to 50 employees 291.00
51+employees 583.00
Industrial and manufacturing:
(Schedule II) 1 to 5 employees $126.00
6 to 50 employees 202.00
51+employees 349.00
Professional:
(Schedule III) 1 to 3 employees $126.00
4 to 10 employees 233.00
11 to 50 employees 408.00
51+employees 583.00
Hotels: $174.00 per year plus$3.00/room
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Live commercial entertainment: $349.00
Marijuana Businesses: 7%of gross receipts per Chapter 5.12
Massage Establishment: 1 to 3 employees $126.00
4 or more employees $233.00
Massage Therapist: $126.00
Mobile home parks and trailer courts: $233.00 per year plus$2/unit
Occult science,including astrology, palmistry,
phrenology, life r ading,fortunetelling,cartomancy,
clairvoyance,crystal gazing, mediumship, prophecy,
augury,divination, magic or necromancy,when the
person who conducts same demands or receives a fee
for the exercise or exhibition of his art therein either
directly or indirectly or as a gift or
donation,or charges admission: 0
Out-of-town business: $101.00
Rental or income producing residences located on $68.00 per year for the first unit plus
single or contiguous parcels of $3.00 for each additional unit.
land:
(Owners occupying one unit of a 3 or more unit building are entitled to a$3.00
exemption if said owner files an affidavit with the City claiming the exemption.)
Taxicab or limousine service: $126.00 per year plus$21.00 per vehicle
Theaters: $466.00
Tow Services: $58.00
Solicitors: $349.00 per year
Section 3. Campbell Municipal Code Section 5.08.010 (Activities designated—Fees.) is
hereby amended to read as follows with underlining (underlining) indicating new text and
strikeouts t
(sriker kevouts) indicating deleted text.
5.08.010 Activities designated—Fees.
No person shall conduct any of the following businesses and activities in the City without first securing a
permit therefor from the City Council,or chief of police where otherwise specified by this Chapter,on written
application filed therefor with the City Clerk,approved by the Chief of Police,the Chief of the Fire Department,and
the Community Development Director.The application shall comply with the requirements of Section 5.08.020.The
following are the activities regulated by this chapter and the license fee therefor:
(1) Fire and/or bankruptcy and/or wreck sale,first day $51.00
Each additional day,per day $25.00
(2) Grinding and/or sharpening knives,scissors,cutlery, lawn mowers,etc.,when the person conducting
such business travels from place to place by vehicle or on foot, per year _$25.00
{3) Hypnotism, per year $466.00
(34) Itinerant medicine vendor,street vendor,temporary vendor and/or peddler,per day $30.00
(45-) Pawnbroker, per year $349
(6) Used motor vehicle d aler Same as Commercial per Municipal Code Section 5.04.010.
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{7) Billiard and/or pool room, per year $233.00
(58) Dancehall, public dances, per year $102.00
Section 4. Campbell Municipal Code Chapter 5.08.020 (Contents of applications.) is
hereby amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text:
5.08.020 Contents of applications.
The written application provided for in Section 5.08.010 for any activities,businesses and trades enumerated in
Sections 5.08.010 and 5.28.010 shall set forth the following:
(1) The name and address of the applicant;
(2) The name and address of the person by whom employed,if any;
(3) The nature of the business for which a permit is requested and the number of persons to be employed, both
male and female;
(4) Where applicable,a brief description of the nature and amount of equipment to be used in such business;
(5) The place where such business is to be conducted;
(6) The personal description of the applicant;
(7) The applicant shall also be required to furnish evidence of his identity,of such character as the City Council
may require,and shall also be required to furnish his fingerprints and thumbprints;
(8) All applications must be accompanied by any and all license fees prescribed by this Title,as well as any and all
applicable regulatory fees as set by City Council resolution to defer the cost of any applicable regulatory
program to which the activity,business or trade is subject,and shall be filed with the City Clerk.Such
applications shall be reviewed by the Chief of Police,Chief of the Fire Department and the Building and Zoning
Enforcement Officers,who shall submit their findings to the City Council-,or chief of police where otherwise
specified by this Chapter,to assist the-eau-1141-in determining whether or not the application shall be granted or
denied.
The decision-making bodyCity Council,on granting a permit, may impose such conditions as it finds reasonable.
The decision-making bodyCity Council may deny a permit if it finds that the activity applied for or the location thereof
will create a public nuisance.
Section 5. Campbell Municipal Code Section 5.08.080 (Amusement Devices) is hereby
deleted in its entirety and noted as Reserved.
Section 6. Campbell Municipal Code Section 5.10.090 (Receiving goods, etc., from
intoxicated persons) is hereby deleted and replaced as follows with underlining (underlining)
indicating new text:
5.10.090 Hours in which business shall be carried on.
No person shall engage in,conduct, manage, or carry on the business of a pawnshop or a secondhand dealer
between the hours of nine p.m. and eight a.m. of the following day.
Section 7. Campbell Municipal Code Section 5.10.110 (Hours in which business shall be
carried on.) is hereby deleted and replaced as follows with underlining (underlining)
indicating new text:
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5.10.110 Receiving goods,etc.,from intoxicated persons.
No person licensed pursuant to this chapter, or his manager,or his employee shall take or receive any goods,
articles, or thing for any person who is in an intoxicated condition.
Section 8. Campbell Municipal Code Section 5.10.130 (Issuance of license) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text:
5.10.130 Issuance of license.
An individual,partnership or corporation may be granted by the chief of police, or duly authorized agent or
designee of the chief of police,city council a license to be both a pawnbroker and a secondhand dealer_, but the The
chief of police,or duly authorized agent or designee of the chief of police,city council may revoke,suspend or deny an
individual to be licensed as a pawnbroker,but continue as a secondhand dealer,or revoke,suspend or deny both types
of licenses.
Section 9. Campbell Municipal Code Chapter 5.24.010 (Regulating and licensing in
public places.) is hereby amended to read as follows with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text:
5.24.010 Regulating and licensing in public places.
(a) Live entertainment in bars,taverns,cocktail lounges, restaurants, recreational parks,theaters,cafes,cabarets,
banquet facilities, rental halls or other public places not employing nude or seminude persons therefor may be
permitted by the chief of police city council upon written application pursuant to the provisions of Section
5.24.030.The City Council shall by resolution establish the regulatory fee to be paid upon application for this
permit.
The permit shall be non-transferable.
(b) For the purpose of this section,live entertainment is defined as entertainment provided by bands,
instrumentalists,disk jockeys,dancers, raconteurs,pantomimists,prestidigitators,magicians,vaudevillians,
acrobats,actors and theatrical performers, pageants,or contests involving audience participation,including acts
in which animals,exotic or otherwise,are used.The use of animals,exotic or otherwise,shall be subject to the
provisions of Title 7 of this code.
(c) The following uses are specifically exempted from this section:
(1) Shows and entertainments,theatrical, musical and vocal presentations,and other live performances conducted
by schools,colleges,churches, lodges and private clubs themselves on their own premises,and those
conducted and sponsored by civic groups in supervised municipal parks;
(2) Live entertainment conducted in a pedestrian-oriented activity in the CB-MU (Central Business Mixed-Use)C3
{Central Business District)zoning district, provided that such entertainment satisfies the requirements stated in
Section 21.11.060.E (Standards for live entertainment in the Central Business Mixed-Use zoning district)Section
21.10.060.F{Standards for live entertainment in the C 3 zoning district).
(3) Live entertainment conducted in conjunction with an approved temporary use permit in compliance with
Chapter 21.45(Temporary use permits).
(4) Live entertainment approved through a zoning clearance for Special Events on sites subject to a master use
permit authorized by Section 21.14.030.0(Master use permit).
Section 10. Campbell Municipal Code Chapter 5.24.030 (Application for permit.) is hereby
amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text:
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5.24.030 Application for permit.
(a) Contents.All applications shall include the following information:
(1) If the applicant is an individual,the individual shall state his or her legal name, including any aliases,address,
and submit satisfactory written proof that they arehe or she is at least eighteen years of age;
(2) If the applicant is a partnership,the partners shall state the partnership's complete name,address,the names
of all partners,whether the partnership is general or limited,and attach a copy of the partnership agreement,
if any;
(3) If the applicant is a corporation,the corporation shall provide its complete name,the date of its incorporation,
evidence that the corporation is in good standing under the laws of California,the names and capacity of all
officers and directors,the name of the registered corporate agent and the address of the registered office for
service of process;
(4) If the applicant is an individual,theyhe or she shall sign the application. If the applicant is other than an
individual,an officer of the business entity or an individual with a ten percent or greater interest in the
business entity shall sign the application;
(5) If the applicant intends to operate under a name other than that of the applicant,the applicant shall file the
fictitious name and show proof of registration of the fictitious name;
(6) A description of the type of live entertainment for which the permit is requested and the proposed address
where the live entertainment will be offered, plus the names and addresses of the owners and lessors of the
site of the live entertainment;
(7) The address to which notice of action on the application is to be mailed.
(b) Submission of the Application.The application shall be submitted to the chief of police or#a+s-designee for review.
If the police chief or their his designee determines that the applicant has completed the application improperly,or
otherwise deems the application to be incomplete,the police chief shall,within ten days of receipt of the original
application, notify the applicant of such fact and,on request of the applicant,grant the applicant ten days or less
to submit a complete application. In addition,the applicant may request an extension, not to exceed ten days,of
the time for the police chief or their I-designee to determine the completeness of the application.The time
period for granting or denying a permit shall be stayed during the period in which the applicant is granted an
extension of time.
(c) Investigation by Chief of Police. Upon receipt of a completed application and payment of all application and
permit fees,the police chief or their his designee shall immediately stamp the application as received and
promptly investigate the information contained in the application.Within thirty days from the receipt of a
completed application,the chief of police or theirh+s designee shall complete a reportschedule a h aring for the
next regularly scheduled meeting of the city council,and forward a report to the council summarizing the results
of the investigation.
(d) Action by the Chief of PoliceCity Council.At the hearing on the application,the city council The chief of police shall
grant the application unless it makes one or more of the following findings:
(1) An applicant is under eighteen years of age;
(2) The required application fee has not been paid;
(3) The applicant, his or her employee,agent, partner,director,officer,shareholder or manager has knowingly
made any false, misleading or fraudulent statement of material fact in the application;
(4) The proposed use would constitute a violation of a provision of this code,or other applicable law;
(5) An applicant has been convicted of a felony or crime of moral turpitude;
(6) The proposed operation would result in a public nuisance as defined in this code,or Section 370 of the
California Penal Code.
(e) Conditions of Approval. If the chief of policecity council grants the application,it may place such conditions on the
exercise of the permit as the chief of policecouncil determines to be reasonably necessary to ensure that the
operation will conform to the requirements of this code and all other applicable laws.
{f) Continuance of Hearing.The applicant may stipulate to allow the city council to continue the hearing to another
meeting.
{fi{g3 Written Findings.The chief of policecity council shall prepareadopt written findings in support of its decision.
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(g) Decision.The chief of police, or their designee, shall notify the applicant by mail within five days of its decision.
(h) Referral to the City Council. If the chief of police finds that granting the application may have a substantial effect
on the surrounding area or is of sufficient size to warrant the consideration of the city council,the chief of police
may refer theappjication to the city council fora decision.
Section 11. Campbell Municipal Code Chapter 5.24.035 (Appeal.) is hereby added as
follows with underlining (underlining) indicating new text:
5.24.035 Appeal.
Any person whose application is disapproved by the chief of police shall have the right to appeal from such
disapproval to the city council.Such appeal shall be taken by filing with the city council a notice of such appeal no later
than ten days after the mailing of the notice of disapproval by the chief of police.Said appeal shall be heard by the city
council within fifteen days from and after the filing of the notice of appeal.After the council has heard the appeal it may
either overrule or affirm the action taken by the chief of police. If it overrules the chief of police, he shall thereupon
issue the permit to the applicant.
Section 12. Campbell Municipal Code Chapter 5.28 (Pool and Billiard Halls) is hereby
deleted in its entirety and noted as Reserved.
Section 13. Campbell Municipal Code Chapter 5.29 (Bingo) is hereby deleted in its entirety
and noted as Reserved.
Section 14. Campbell Municipal Code Chapter 5.30 (Arcades and Mechanical Amusement
Devices) is hereby deleted in its entirety and noted as Reserved.
Section 15. Campbell Municipal Code Chapter 5.40 (Taxicabs) is hereby deleted and
replaced as follows with underlining (underlining) indicating new text:
Chapter 5.40
TAXICABS
5.40.010 Purpose.
The purpose of this chapter is to protect the public health,safety and welfare by adopting appropriate
regulations in regard to taxicab transportation service as required by Government Code Section 53075.5.
5.40.020 Definitions.
For the purpose of this chapter,the following words and phrases shall have the meanings set forth below:
(1) "Driver" means any person in charge of or driving any taxicab,either as owner, independent contractor,
lessee, agent, employee, or otherwise under the direction of the owner.
(2) "Owner" means the person who, or the firm, association or corporation, which is registered with the
Department of Motor Vehicles of the state of California as the owner of a vehicle or vehicles used in the
transportation of persons for compensation, or who has a legal right to possession of such vehicle pursuant to
a lease or rental agreement,or who contracts with the driver of such vehicle who is the registered owner or
has legal right to possession of the vehicle.The act or omission of any owner's officer, agent, employee or
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independent contractor,or of any driver whose services are engaged by any of the above, is for all purposes
the act or omission of the owner operating the taxicab business regulated by this chapter.
(3) "Permit officer" means a duly authorized agent or designee of the police chief of the City of Campbell.
(4) "Taxicab" means any public passenger motor vehicle engaged in the business of transportation of
passengers for hire over the public streets of the City of Campbell and not over a definite route, upon a fixed
schedule, or for a fixed rate, regardless of distance traveled. "Taxicab"shall not include a drive-yourself vehicle,
hearse,ambulance, or bus operated over a fixed route.
(5)"Taxicab business,operation or service" means any business,operation, or service pursuant to which
taxicabs are made available for hire or receiving passengers in a taxicab. It does not include transportation
services owned and operated by a public agency.
(6) "Taximeter" means an instrument or device attached to a taxicab by which the fare authorized for the hire
of such taxicab is accurately, mechanically or electronically calculated on the basis of initial charge, distance
traveled and/or waiting time, or any combination thereof, which fare shall be indicated upon the taximeter by
means of legible figures in dollars and cents.
5.40.030 Owner's permit required.
A. It is unlawful for any person to engage in the taxicab business, operation or service that will receive passengers
from trips originating within the city, unless the owner of the taxicab applies for and obtains an owner's permit, as
provided in this chapter. An owner of a vehicle for hire in the city shall also be required to apply to obtain a driver's
permit if the owner is also a taxicab driver as provided in this chapter.
B. The police department shall administer the application process for a taxicab owner's permit.
C. Each application for a taxicab owner's permit shall be in writing, duly certified under oath, and it,together with a
copy thereof,shall be filed with the permit officer.
D. Fees.All applications for a taxicab owner's permit shall be filed with the permit officer and shall be
accompanied by a nonrefundable fee in an amount established by city council resolution. Renewal applications for a
taxicab owner's permit shall also be filed with the permit officer. The fees provided for in this chapter are in addition to,
and not in lieu of,the business license taxes assessed pursuant to Chapter 5.04.
5.40.040 Owner's Permit Application—Annual Permit Renewal.
A. An application for a taxicab owner's permit under this chapter shall be made upon such forms as may be
prescribed by the permit officer, and shall contain at a minimum:
1. The name(s), residence and business addresses of the applicant, including all members of any firm or
partnership, or all officers and directors of any corporation, applying;
2. The trade or other fictitious business name, if any, under which the applicant does business or
operates, and/or proposes to do business or operate;
3. The training and experience of each applicant in the business,operation and service of transportation
of passengers;
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4. A description of each taxicab which will be operated as part of the owner's taxicab business,operation
or service, including the make, model,year of manufacture,vehicle identification number, current state license number,
length of time the taxicab has been in use, and the color scheme, insignia, name, taxicab number, and monogram or
other emblem to be used to designate each taxicab;
5. Proof of insurance meeting the requirements of Section 5.40.080 of this chapter;
6. A certificate indicating that each taxicab has been inspected by a facility authorized by the state of
California and confirming that each taxicab has operational brakes, safety restraints, interior lighting,exterior lighting,
doors and windows, and that the vehicle is in a safe mechanical condition;
7. Evidence that the owner or driver is the registered owner of each taxicab to be operated under the
owner's permit,or that the owner or driver has a legal right to possession of such vehicle pursuant to a lease or rental
agreement;
8. A list of all other jurisdictions in which the owner is currently permitted or licensed to operate each
taxicab or where the owner currently has a permit or license application pending to operate each taxicab;
9. Whether or not any owner's permit held by the applicant(s) has or have been revoked by the city or
any other jurisdiction,and if so,the circumstances of such revocation(s);
10. The past criminal record of the applicant;
11. A list of all drivers operating the owner's taxicabs;
12. A certificate of accuracy from the Santa Clara County Department of Weights and Measures for all
taximeters in taxicabs to be operated by the owner or his or her agent, lessee, or employee, obtained within one year of
the application;
13. A written customer complaint policy setting forth the procedure that the owner will employ to
receive, investigate and resolve customer complaints concerning taxicab service.The policy shall be in a form that will
be made available to members of the public;
14. Mandatory controlled substance certification from an authorized testing facility or provider as
required by Section 5.40.130 of this chapter;and
15. Any other information, which the permit officer may deem necessary in support of the public health,
safety and welfare.
B. Completed applications for a taxicab owner's permit shall be filed with the permit officer who shall conduct a
background investigation of each owner and make a written determination whether to grant or deny the owner's
permit within ninety days after the filing of the application,or as soon thereafter as is reasonably possible.
C. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year
and shall be renewed only upon the filing by the permit holder, and approval by the permit officer, of a permit renewal
application,which shall contain the same information and be reviewed on the same bases as an original application.
D. The sale or transfer of a company will require the new owner to apply for a new permit in accordance with this
chapter.
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E. If the taxi service for which a permit is granted under this chapter is discontinued for a period of forty-five days,
any permit granted under this chapter shall be automatically cancelled and shall be reissued only by a new application
in accordance with the provisions of this chapter.
5.40.050 Denial of Owner's Permit Applications.
A. The permit officer may deny any owner's permit application on any of the following grounds:
1. There is a reasonable cause rendering the proposed operation undesirable or inadequate for the city;
2. The application fails to satisfy any of the requirements set forth in Section 5.40.040.
3. The vehicle proposed to be operated is inadequate or unsafe,or it appears that the applicant lacks the
financial ability to provide the proposed service in a safe and continuous manner;
4. The applicant has been convicted of a felony or the violation of a narcotic law or any penal law involving
moral turpitude; or has been found to have violated the provisions of this chapter;or has been convicted of
committing or attempting to commit any type of consumer fraud or unfair practices;or has had a similar
permit revoked in any city,county or state for cause;or has been found to have violated this code.
5. The proposed name of the company,color scheme or characteristic insignia will tend to confuse the
identification of the vehicles proposed to be operated with those of another owner operating in the city;or
6. The owner has failed to provide required information, omitted relevant information, or provided false
information on the written application or otherwise during the application process.
7. The applicant has failed to pay when due all applicable fees and taxes imposed by the city.
5.40.060 Additions and substitutions.
A. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter,who desires to add to the
number of such vehicles shall do so only upon obtaining permission from the permit officer,which shall be granted only
upon application made in the same manner and under the same proceedings as are required in this chapter for
obtaining a new permit.
B. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter,who desires to substitute
a different vehicle for a vehicle operated under such permit,shall do so only upon obtaining permission from the permit
officer,which shall be granted only upon written application setting forth the particulars of such proposed substitution,
and upon otherwise complying with the requirements of this chapter.
C. The permit officer shall have the same authority in granting or denying such application for permission to add or
substitute a vehicle as is prescribed in this chapter for granting or denying an owner's permit application.
5.40.070 Liability Insurance Policy.
A. It is unlawful for any owner to drive or operate, or cause or permit to be driven or operated, any vehicle for
hire in the city unless such owner has filed with the Campbell police department applicable written insurance
certificate(s)and endorsements, as specified in this chapter and by the permit officer, evidencing that any and all
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vehicles for hire which may be driven or operated under any permit granted to such owner,and all liability for bodily
injury and property damage relating to the taxicab business,operation or service are covered under liability policy(ies)
which satisfy the requirements in this chapter.
B. Insurance policies shall be submitted to the permit officer for approval prior to issuance of a taxicab owner's
permit.The liability policies shall be issued by responsible and solvent corporations authorized to issue insurance
policies under the laws of the State of California.The certificates and endorsements shall confirm that the policies are in
full force and effect at all times for any occurrences during the permit period.
C. Any cancellation of the policy by the insurance company or the owner of the company without immediate
replacement by the owner may result in a suspension or revocation of the taxicab owner's permit.The Campbell police
department shall be listed on the insurance document as the certificate holder.The falsification of any insurance
certificate by or on behalf of any taxicab owner or the failure to maintain the required liability insurance coverage in full
force and effect at all times shall be grounds for revocation of the taxicab owner's permit.
5.40.080 Insurance Requirements.
A. The holder of a taxicab owner's permit,at taxicab owner's sole cost and expense, shall obtain and maintain
throughout the term of the taxicab owner permit, or any renewal thereof,the insurance requirements as may be
required by city and any laws of the State of California.
B. The insurance requirements shall be referred to in and made a part of the application for a taxicab owner's
permit.The permit officer shall notify in writing all applicants or holders of taxicab owner's permit of any modifications
of the insurance requirements.
C. All policies and coverages required by this section are subject to approval by the risk manager as to content
and form. No permit newly issued or renewed shall be valid until such approval is issued in writing by the risk manager.
D. A true,certified and correct copy of the entire policy, including copies of all endorsement made a part thereof,
shall be mailed to the Risk Manager, City of Campbell, 70 N. First Street, Campbell, California 95008,directly from the
authorized agent, broker or insuring company for each policy required under this chapter.All policies shall be on file and
effective at the time the taxicab owner's permit is issued or renewed.
E. If at any time the entire insurance policy or any portion thereof expires without immediate proof of renewal,
the taxicab owner's permit shall be immediately suspended.The permit officer is hereby authorized to enforce such
suspension upon receiving written notice from the risk manager that no proof of renewal or reinstatement has been
submitted by the holder of a taxicab owner permit.
F. If at any time in the judgment of the risk manager and/or the permit officer,said policies or coverages are not
sufficient for any cause or reason,the risk manager and/or the permit officer may require the holder of a taxicab owner
permit to replace said policies or coverages within ten business days with other policies or coverages acceptable in
accordance with this section. If the holder of a taxicab owner permit fails to do so,the taxicab owner permit shall be
automatically suspended at the expiration of the ten-day period until such time as said policies or coverages are
properly replaced.
G. The taxicab owner's permit issued under this chapter shall be automatically revoked upon the cancellation of
the insurance policies or coverages required under this section.The reinstatement of insurance policies or coverages
after a third cancellation within a twelve-month period shall not obligate the city to renew the taxicab owner permit
upon request to do so.
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H. Prior to the issuance of a taxicab license,and at the annual renewal thereof,the applicant or holder of a
taxicab license shall submit to the risk manager a signed agreement to indemnify, hold harmless and defend the City of
Campbell, its officers,employees and agents, in a form approved by the city attorney.
5.40.090 Driver's permit.
A. It is unlawful for any driver to operate any vehicle for hire in the city without a valid permit to do so as provided in
this chapter.
B. The police department shall administer the application process for taxicab drivers' permits.
C. Each application for a driver's permit shall be in writing, duly certified under oath, and it,together with a copy
thereof shall be filed with the permit officer.
D. All applications for a driver's permit shall be accompanied by a nonrefundable fee in an amount established by city
council resolution. Renewal applications for a driver's permit shall also be filed with the permit officer.The fees
provided for in this chapter are in addition to, and not in lieu of,the business license taxes assessed pursuant to Chapter
5, if applicant is to be engaged under contract by the taxicab owner as an independent contractor and is not an
employee.
5.40.100 Driver's Permit Application—Annual Permit Renewal.
A. An application for a taxicab driver's permit under this chapter shall be made upon forms prescribed by the
permit officer, and shall contain at a minimum:
1. The name,current address and telephone number of the applicant;
2. Two passport-size photographs taken within the past three months of the applicant depicting front
and side views;
3. Current copies of any and all driver's licenses issued to the applicant;
4. Submit fingerprint and file such record in the Police Department Bureau of Identification and with city
police department;
5. The training and experience of the applicant;
6. The name and address of each of the driver's employers during the preceding three years;
7. A list of all other jurisdictions in which the applicant is currently permitted or licensed to operate a
taxicab or where the driver currently has a permit or license application pending to operate a taxicab;
8. Whether or not a vehicle for hire driver's permit issued to the driver by the city or any other
jurisdiction has ever been revoked and, if so,the circumstances of such revocation;
9. The name and address of the owner by whom the driver is to be employed or engaged under contract
as a taxicab driver;
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10. The endorsement by the owner, by whom the applicant is to be employed or engaged under contract
as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic
laws of the State of California and the City of Campbell, and of the streets of the City,and to safely operate a
public transportation vehicle in the Cityi
11. Proof of employment, an offer of employment, an independent contractor agreement, or an
application to lease as a taxicab driver within the City of Campbell;
12. Proof of insurance, as required by Section 5.40.080.
13. Mandatory controlled substance certification as required by Section 5.40.130 of this chapter of a
current negative test for alcohol and for each of the controlled substances specified in Part 40(commencing with
Section 40.1)of Title 49 of the Code of Federal Regulations from the driver's employer. Self-employed independent
drivers shall have test results reported directly to the permit officer from an authorized testing facility or provider.
14. Any other information,which the permit officer may deem necessary in support of the public health,
safety and welfare.
B. An application shall be deemed incomplete and an application will not be considered by the permit officer until
all the information required by subsection A of this section is contained in the applicant's driver's permit application.
C. An applicant may meet the requirements of this section by filing with the permit officer, a copy of any
application filed with any other California jurisdiction requiring substantially the same information as required by this
section,filed within 30 days of the date of the application with the City of Campbell.
D. A valid taxi driver permit issued by the County of Santa Clara,or any of the other cities within Santa Clara
County within 30 days of driver's application to the City of Campbell may be accepted by the permit officer as evidence
of compliance with this section.
E. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year
and shall be renewed only upon the filing by the permit holder, and approval by the permit officer of a permit renewal
application,which shall contain the same information and be reviewed on the same bases as an original application.
5.40.110 Denial of Driver's permit application.
A. The permit officer may deny any driver's permit application if it is determined that:
1. There are physical, mental or moral deficiencies of the applicant,or a criminal record,which, in the sound
discretion of the chief of police or his or her designee,would render such applicant not competent to operate a
vehicle for hire;
2. The permit officer,within the permit officer's sound discretion, determines that the driver is a negligent or
incompetent operator of a motor vehicle;
3. The driver's license of the applicant has been suspended or revoked or the driver is not in compliance with
the provisions of this chapter and/or state or federal regulations governing the operation of a motor vehicle;
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4. The driver has received a positive result in any random test for controlled substances or alcohol within the
prior twelve calendar months;
5. The granting of such permit would be in violation of any law or would endanger the public health,safety or
welfare;
6. The driver is under the age of eighteen;or
7. The driver failed to provide required information, omitted relevant informationtor provided false
information on the written application or otherwise during the application process.
5.40.120 Termination of driver.
Upon termination of employment or termination of the independent contractor relationship of a taxicab
driver:
A. The taxicab driver's permit shall become immediately void;
B. The taxicab driver shall return the driver's permit to the city within three calendar days of the
termination; and
C. The taxicab owner shall notify the city that the driver's employment has terminated within three
calendar days of the termination.
5.40.130 Alcohol and controlled substance testing.
A. No owner's permit shall be issued or renewed unless the holder at the time of permit issuance or
renewal files with the permit officer a certification that the holder maintains a mandatory controlled substance and
alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and
California Government Code Section 53075.5 for all drivers of vehicles operated under the certificate.
B. No driver's permit shall be issued or renewed unless the holder at the time of the permit issuance or
renewal files with the permit officer certification that the driver of a taxicab operated under the permit has tested
negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing
certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California
Government Code Section 53075.5. Driver permit applicants who test positively pursuant to the certification program
referenced in this section shall be ineligible to apply again for a driver's permit during the five-year period following the
positive test. Driver permit renewal applicants who have tested positively pursuant to random alcohol/controlled
substance testing shall not be eligible to apply for their driver's permit renewal until they have successfully completed
an accredited substance abuse program in accordance with Government Code Section 53075.5.
C. Costs.The taxicab owner shall pay the costs of taking an alcohol/controlled substance test of an
employee.The taxicab driver shall pay the costs of taking an alcohol/controlled substance test of a self-employed and
independent taxicab driver.
D. Reporting.The written results of the alcohol/controlled substance test of an employee driver or of a
self-employed independent driver who has executed a release in favor of the taxicab company shall be delivered to the
taxicab owner/company.The taxicab owner/company shall immediately forward copies of the written results to the
permit officer.
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L. Tests from Another Jurisdiction.A test taken to obtain a driver's permit in another jurisdiction shall be
accepted as though conducted as part of the permit renewal process for the City of Campbell for up to one year from
the date the test was taken.The prior test shall apply only for purposes of renewing a driver's permit, so long as the
driver has not tested positive thereafter. However, a negative result from a test taken for another jurisdiction shall not
satisfy the pre-employment testing requirements to receive an initial permit as imposed by this chapter.
5.40.140 Permit renewal.
Renewal of any permit issued pursuant to this chapter shall require the conformance with all of the
requirements of this chapter for original permit applications,except that an owner's permit may be renewed without a
new finding of public convenience and necessity or as otherwise noted.The taxicab owner's permit and taxicab driver's
permit shall be renewed annually.
5.40.150 Appeals.
Any interested party, including the applicant, may appeal the decision of the permit officer to issue or deny a
driver's permit.The appeal shall be made in writing to the city clerkl within 15 business days of the permit officer's
decision;and shall be heard by the city council.The decision of the city council shall be final,subject only to judicial
review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
5.40.160 Permit Suspensions or Revocations.
A. The permit officer shall have the power to suspend or revoke any taxicab owner's permit or taxicab driver's
permit issued under this chapter for any of the reasons for which an application for such a permit may be denied.
B. If, pursuant to a random drug or alcohol screening test, the holder of an owner's permit or driver's permit
should test positive,the permit officer, in accordance with Section 5.40.170, shall suspend the permit holder's permit
on an emergency basis.The suspension shall remain in effect until the permit holder has satisfactorily complied with all
requirements imposed by the permit holder's substance abuse professional (SAP). If the same permit holder should
subsequently test positive pursuant to a subsequent drug or alcohol screening test,the permit holder's permit shall be
revoked and the permit holder shall be ineligible to again apply for a permit for at least five years following the positive
test.
C. Notice.The permit officer may suspend or revoke a taxicab owner's permit or taxicab driver's permit only after
providing notice to the permit holder and providing reasonable time for compliance; however,the permit officer may
summarily revoke a taxicab driver's permit upon notification from the Department of Motor Vehicles that such driver's
California driver's license has expired or has been suspended or revoked,or that the driver has been convicted of a
crime affecting public health, safety or welfare. If a permit is suspended or revoked,the permit officer shall prepare
written findings regarding the reason(s)for the suspension or revocation.
D. Appeals.Any interested party, including the permit holder, may appeal the decision of the permit officer to
suspend or revoke an owner's or driver's permit.The appeal shall be made in writing to the city clerk within 15 business
days of the permit officer's decision;and shall be heard by the city council.The decision of the city council shall be final,
subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Except for permits
revoked pursuant to Section 5.40.160. B,the permit,which is the subject of an appeal,shall remain in effect pending
appeal.
E. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a
taxicab owner's permit,such owner's taxicab business,operation and service in the City of Campbell shall cease
immediately. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a
taxicab driver's permit,that driver shall immediately cease to drive a taxicab in the City of Campbell and surrender the
permit to the permit officer.
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F. Nothing herein shall preclude the permit officer's immediate suspension of a taxicab owner's permit or a
taxicab driver's permit upon determination by the permit officer that the public health or safety so requires.
G. The permit officer shall determine the length of any suspension or revocation and, in making this
determination shall base his or her decision on all extenuating and mitigating factors deemed appropriate including, but
not limited to,the nature and gravity of the offense.
5.40.170 Emergency suspension.
A. The permit officer may issue an order suspending a taxicab owner's permit or a taxicab driver's permit for a
period not exceeding ten days without having conducted a hearing therefore, if the permit officer determines that the
continued use of the permit will cause immediate hazard to the public safety, health or welfare.
B. Within ten days of the effective date of the emergency suspension order,the permit officer shall hold a hearing
for the owner or driver to show cause why the permit should not be suspended or revoked.
C. The order issued by the permit officer under subsection A of this section shall also contain a notice of the
hearing setting forth the date,time and place of the hearing.
D. Emergency suspensions made pursuant to Section 5.402.160.B which are upheld at the show cause hearing
shall remain in effect until the permit holder has satisfactorily complied with all requirements imposed by the permit
holder's substance abuse professional(SAP).
5.40.180 Transfer of permits.
Neither a taxicab owner's permit nor a taxicab driver's permit issued pursuant to this chapter shall be
transferable or assignable in any manner whatsoever.
5.40.190 Rates and Fares.
A. The city council may, but is not required to establish or, once established, amend maximum taxicab rates and
fares m by resolution adopted after a duly noticed public hearing.
B. Before any action by the city council is taken to establish or amend maximum rates and fares, each person
holding a taxicab owner's permit issued by the City of Campbell, shall be given 30 days mailed written notice thereof
and an opportunity to be heard by the city council.
C. The maximum rate and fare schedule adopted or amended by the city council may include a discount rate and
fare schedule for senior citizens.
D. Prior to considering any adjustment to the maximum rate and fare schedule,the city council may require each
taxicab owner possessing an owner's permit to submit for city review an audited financial statement for the prior year's
business operations reflective of income earned and expenses incurred by the taxicab owner which are specifically
attributable to the taxicab owner's taxicab operations as distinguished from other business operations in which the
taxicab owner may be engaged. Should a taxicab owner initiate a rate/fare adjustment request,the request shall be in
writing, state the basis for the request, and be accompanied by an audited financial statement of the type described in
this chapter.
5.40.200 Accurate taximeter and rate schedule required.
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A. Regardless of whether the city council establishes maximum rates or fares, all owners or operators of taxicabs
shall register its rates and fares in a schedule filed with the police department. No owner or operator shall charge or
receive any other or different fare for the use of such taxicabs than that specified in such fare schedule.
B. The taxicab business, operation or service shall disclose fares,fees, or rates to the customer.A permitted
taxicab business, operation or service may satisfy this requirement by disclosing fares,fees, or rates on its Internet Web
site, mobile telephone application, or telephone orders upon request by the customer.
C. The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the ride
for walkup rides and street hails.The rate may be provided on the exterior of the vehicle,within an application of a
mobile telephone,device, or other Internet-connected device, or be clearly visible in either print or electronic form
inside the taxicab.
D. No taxicab owner shall drive or operate or allow another to drive or operate any of his or her taxicabs unless
the taxicab is equipped with an operative and accurate taximeter as determined by the Santa Clara County Department
of Agriculture/Weights and Measures.
E. The taximeter shall display the rate charged and the running total of each fare in full view of the passenger
compartment.
D. Taximeters shall show compliance with Section 5.40.040.A.12.
5.40.210 Rules of operation and service.
A. Receipt. Every driver shall, upon request,give a correct written receipt upon payment of the fare.
B. Individuals with Disabilities. No driver shall discriminate against individuals with disabilities by actions
including, but not limited to, refusing to provide service to individuals with disabilities who can use taxi vehicles,
refusing to assist with the stowing of mobility devices, or charging higher fares or fees for carrying individuals with
disabilities and their equipment than are charged to other persons.
C. Boarding and Discharge of Passengers. No passenger shall be received or discharged in the roadway, but shall
be received or discharged as nearly as possible to the right-hand curb or right-hand side of the roadway where there is
no curb,except on one-way streets,where passengers may be discharged at either the right-hand or left-hand curb or
right-hand or left-hand side of the roadway where there is no curb.
D. Direct Route. Each driver employed to carry a passenger(s)to a definite point shall take the most expeditious
route possible to the passenger's destination and by which the passenger will be transported safely, considering all
factors affecting time and distance.
E. Obstructing Street Traffic. It is unlawful for any driver operating a taxicab to obstruct a street or otherwise
impair traffic in the course of receiving or discharging passengers.
F. Identification of Company.The following identification shall be required for each taxicab and taxicab driver
permitted to operate under this chapter:
1. The name of the taxicab company shall be affixed on both the driver's and the passenger's side of the
taxicab in clear lettering of not less than three inches in height and no more than six inches in height;
2. An individual number for each taxi of the taxicab company shall be affixed on both the driver's and the
passenger's side, and rear-facing panel of the taxicab in clear lettering of not less than three inches in height and no
more than six inches in height;
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3. An operating light shall be affixed to the top of the roof,which shall be clearly visible from all sides of
the taxicab, and which shall identify the vehicle as a taxicab;and
4. Taxicab drivers shall be in possession of,and have on their person in plain view a photo identification
card identifying the taxicab driver by name and taxicab company at all times while on duty.The card shall contain a
recent photograph of the driver and shall otherwise be in a form approved by the chief of police.
G. Notification of Drivers. No less often than annually,the owner shall notify all drivers in writing of the rules of
operation and service described in this section, and shall obtain a written acknowledgement of receipt of the rules of
operation and service.
5.40.220 Violations.
A. It is unlawful and a violation of this chapter to own a taxicab business,or otherwise conduct a taxicab business,
operation or service,without a valid taxicab owner's permit issued by the City of Campbell.
B. It is unlawful and a violation of this chapter to operate a taxicab within the City of Campbell without a valid
taxicab driver's permit issued by the City of Campbell.
Section 16. Campbell Municipal Code Section 5.50.135 (Temporary Uses) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouto) indicating deleted text as follows:
Approval of a special event permit may also include related activity occurring on private property without being
subject to the permit requirements or standards of Chapter 21.45 (Temporary_Uses)pursuant to Chapter 21.54,
(Temporary Use Permits).
Section 17. Campbell Municipal Code Section 10.08.100 (Sound truck permits.) is hereby
deleted in its entirety and noted as Reserved.
Section 18. Campbell Municipal Code Section 21.10.030 (Commercial, Office, and
Industrial Uses) is amended to read as follows with underlining (underlining) indicating new
text and strikeouts (strikeouts) indicating deleted text:
21.10.030 Commercial,Office, and Industrial land uses.
The permissibility of land uses in Commercial, Office, and Industrialresidential districts shall be as specified by
Table 2-5(Land Use Table—Commercial,Office,and Industrial Zoning Districts)subject to the operational and locational
standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning
clearance in compliance with Chapter 21.40(Zoning Clearances). Land uses listed as(AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as(C) may be allowed subject to the approval
of a Conditional Use Permit, in compliance with Chapter 21.46(Conditional use permits). Land uses listed as(N/A)shall
not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use
Permit;or(3)prohibited unless otherwise specified.Land uses listed as(X)and those not otherwise listed are prohibited
and shall not be allowed.The list of land uses is organized by headers which themselves do not convey an intended land
use.
Table 2-5
Land Use Table— Commercial, Office, and Industrial Zoning Districts
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
Manufacturing,Processing,and Storage
1 Artisan products,small-scale assembly X P X P P
2 Building material stores/yards X X X X C
3 Chemical products X X X X C
4 Clothing products manufacturing X X X P P
5 Contractor's equipment yards X X X X C
6 Electronics and equipment manufacturing X X X P P
7 Food and beverage product X X X P P
manufacturing
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 X X X X P
incidental mill work
14 Machinery manufacturing X X X P P
15 Metal products fabrication X X X P P
16 Outdoor storage X X X X C
17 Paper products manufacturing X X X P P
18 Pharmaceutical manufacturing X X X P P
19 Plastics and rubber products X X X P P
20 Printing and publishing X X X P P
21 Recycling facilities-processing facility X X X X C
22 Research and development X X X P P
23 Rug and upholstery cleaning X X X X P
24 Sign manufacturing X X X P P
25 Storage facilities(one facility per every X X X X C
five thousand people of the population)
26 Textile products manufacturing X X X P P
27 Warehousing,wholesaling and X X X X P
distribution facility,incidental.
28 Warehousing,wholesaling and X X X X P
distribution facility,primary.
Recreation,Education,Public Assembly
•
29 Commercial child day care centers C C C X X Section 21.36.080
30 Commercial schools C C X X X
31 Community/cultural/recreational center C C C X X
32 Golf courses and golf driving ranges X C X X X
33 Libraries,public P P C X X
34 Membership organization facilities X X C _ X X
35 Miniature golf courses X C X X X
36 Museums, public C C X _ X X
37 Public assembly uses C C C X C
38 Studios,large 6 € X 6 C
a.When studio uses occupy 10%or less of
the gross non-residential floor area of a P P X C C
property or shopping center.'
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
b. When studio uses occupy 20%or less of
the gross non-residential floor area of a AC AC X C C
property or shopping center.'
c. All others. C C X C C
39 Studios,small C C X C C
a.When studio uses occupy 10%or less of
the gross non-residential floor area of a P P X C C
property or shopping center.'
b. When studio uses occupy 20%or less of
the gross non-residential floor area of a AC AC X C C
property or shopping center.'
c.All others. C C X C C
40 Schools—K-12,private C C C X X
41 Schools—K-12,public P P P X X
42 Tutoring centers, large,subject to Section C E X X Section 21.36.243
21.36.243
a.When tutoring uses occupy 20%or less
of the gross non-residential floor area of a AC AC P X X
property or shopping center.
b.All others. C C P X X
43 Tutoring centers,small,subject to Section C C R X # Section 21.36.243
21.36.243
a.When tutoring uses occupy 20%or less
of the gross non-residential floor area of f a AC AC P X X
property or shopping center.
b.All others. C C P X X
44 Universities/colleges,private C C C X X
45 Universities/colleges,public P P X X X
Retail
46 Alcohol sales, offsite C C X X X Section 21.36.142
47 Alcohol sales, onsite _ C C X X X Section 21.36.144
48 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service AC AC X X X
restaurants. — — — — —
b. In conjunction with quick service
restaurants or cafes. C AC X X X
c.All others. C C X X X
Ancillary retail operations associated with
46
no more than twenty five percent of the X X X X C
use's existing floor area.
49 Ancillary retail uses serving industrial uses X X X C C
42
48 Convenience markets/stores; C C X X X
49 Department stores X C X X X
Furniture,furnishings,and equipment
58 stores(gr ater than ten thousand square C P X X X
feet)
8-1 Furniture furnishings nrd a nt
C R X X X
stores(under ten thousand square feet)
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
50
5-2- Garden centers/plant nurseries C P X X X
51- Gasoline stations C C X X X
53
52 Grocery stores{greater than ten thousand
54 square feet} C C X X X
a. When the tenant space is less than AC AC X X X
20,000 gross square-feet in area.
b.All others. C C X X X
Grocery stores(under ten thousand5-5 P P X X X
square feet}
Hardware stores(greater than ten5-6 C C X X X
thousand square feet}
Hardware stores(under ten thousand X X X
square feet}
55 liquor establishments C A X X X
liquor establishments(on site
59 A C X X X
consumption only);
€0 liquor stores C A X X X
64 liquor stores(off site consumption only); X C X X X
6 M at markets P X X X X
63 Music(recordings)stores C € X X X
53- Outdoor retail sales and activities X C X X X
64
54- Pet stores C C X X X
6-5
65 Pharmacies/drug stores P P X X X
• Pharmacies/drug stores,with drive up X C X X X
service;
55- Retail stores,general merchandise; P P X X X
65
a.When the tenant space is less than
10,000 gross square-feet in area. P P X X X
b. When the tenant space is less than AC AC X X X
20,000 gross square-feet in area. — — — —
c.All others. C C X X X
56 Second hand/thrift stores with onsite X C X X X
69 acquisition
57 Shopping centers(greater than ten C C X X X
70 thousand square feet)
58 Shopping centers(under ten thousand
P P X X X
4 square feet)
59 Vending machines P P X X X
T3 Warehouse retail stores C C X X X
Entertainment
60- Arcades C C X X X Section 21.36.030
74
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
61 Dancing and live entertainment C C X X X
7-5
62 Drive-in theaters X C X X X
7b
63 Indoor amusement
X C X X X
7.7 /entertainment/recreation centers
a.When the use occupies 10%or less of
the gross non-residential floor area of a C P X X X
property or shopping center.',2
b. When the use occupies 20%or less of
the gross non-residential floor area of a C AC X X X
property or shopping center.'
c. All others. C C X x x
64 Nightclubs " X C X X X
7-8
65 Outdoor
amusement/entertainment/recreation X C X X X
7-9
centers
66 Theaters, movie or performing arts X C X X X
88
General Services
67 Adult day care facilities X C X X X
8-1
68 Automated teller machines(ATM's) P P X X X
8-2
69 Banks and financial services P P X X X
83
70 Bed and breakfast inns(only in historic
X C X X X
84 structures)
88 blueprinting shops X P X P P
71 Business support service X X X P P
86
72 Cat and dog day care facilities X C X X C
87
73 Cat and dog grooming facilities X € X x C
88
a. When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
10%or less of the gross non-residential C P X X C
floor area of a property or shopping
center.''2
b.When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
20%or less of the gross non-residential C AC X X C
floor area of a property or shopping
center.'
c.All others. C C X X C
74 Cat Boarding facilities X C X X C
89
75 Catering business X X X X C
City Council Ordinance No. 2306
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
99
76 Catering business,only when ancillary to a P P X X X
9- restaurant
77 Check cashing X C X X X
92
78 Construction equipment rentals X X X X C
93
79 Dog Boarding facilities X X X X C
94
80 Dry cleaning P P X X X
9-5
81 Equipment rental establishments X C X X X
96.
82 Health/fitness centers C C C C C Section 21.36.095
9-7
a.When the tenant space is less than AC AC C C C
10,000 gross square-feet in area. — — — — —
83 Hotel C P X X X
98
84 Laundromats,self-service P P X X X
99
Section 21.36.270
-85 85 Massage establishments X C C X X
86 Motel C P X X X
101
87 Payday lender X C X X X
102
88 Personal services,general P P X X X
103
89 Personal services, limited X C X X X
104
90- Photocopying P P X X X
105 py g
91
4- Photography studio/supply shop P P X X X
Recycling facilities—Reverse vending
92 machines,other than such machines with C C X X X
107 a permit issued pursuant to Section
21.36.245
Recycling facilities=-large collection
93 facility,other than such facilities with a X X X X C
-lag permit issued pursuant to Section
21.36.245.
Recycling facilities—small collection
94 facility,other than such facilities with a C C X X X
100 permit issued pursuant to Section
21.36.245
95 Repair and maintenance,consumer P P X X P
110 products
96 Sign shops X C X X P
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
111
112 Spa services C C X X X
97 Tanning studios C C X X X
113
98 Section 21.36.250
Veterinary clinics and animal hospitals C C X X C
99 Video rental stores C C X X X
115
Motor Vehicles,Trailers,and Watercraft
100 Marine sales(new and used),
X X X X C
U& with/without service facilities
101 Motor vehicle---cleaning,washing, and X C X X C
117 detailing
102 Motor vehicle—dismantling X X X X C
118
103 Motor vehicle—leasing X X X C
44-9 X
104 Motor vehicle--oil change facilities X C X X C
120
105 Motor vehicle—painting X X X X C
121
106 Motor vehicle-_parts and supplies(very
X C X X X
122 limited maintenance/installation)
107 C
Motor vehicle—renting X X X C
123
124 Motor Rcle— ren ing and leasing X C X X N/A
108 Motor vehicle—repair and maintenance Section 21.36.140
125 (minor and major/only within an enclosed X X X X C
structure)
a. When the tenant space is less than X X X X AC
10,000 gross square-feet in area.' —
b.All others. X X X X C
Motor vehicle repair and maintenance X x x X C
{minor/only within an enclosed structure).
109
127 Motor vehicle--sales{new and/or used) X C X X C
110 Motor vehicle—tune-up X X X X C
128
111 Motor vehicle—tune-up—light duty only X X X X C
129
112 Motor vehicle—window tinting X X X X C
130
113 Trailer sales(with or without service X X X X C
131 facilities)
Food Services
114 Banquet facilities X C X X X
132
115 Drive-in/drive-in service C C X X X
133
6 Restaurants or cafes,quick servicefast C AC
E X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
117 Restaurants,full service or cafes P P X C C
131 (excluding fast food or drive ins)
135 Restaurants with late night activities or C E X X X
banquet facilities
Medical Services
118 Ambulance service X P X X P
136
119 Convalescent/rest homes C C X X X
137
120 Hospitals X C X X X
138
121 Medical services,clinics 6 € 6 6 X
139
a. When the use occupies 10%or less of
the gross non-residential floor area of a AC P P C X
property or shopping center.'
b.When the use occupies 20%or less of
the gross non-residential floor area of a AC AC P C X
property or shopping center.'
c. All others. C C P C X
122 Medical services,extended care C C X C X
140
123 Medical services, laboratories X P C C
X
Offices
124 Offices, professional; P P P AC AC
142
125 Travel agencies P P X X X
143
Transportation,Parking,and Communications
126 AC AC A. AC AC
4-44 Alternative fuels and recharging facilities C C X x 11C
127 Broadcast and recording studios C C C C C
145
4146 light rail lines X X X X P
1-47 light rail passenger terminals p P X P P
128
148 Parking lots/structures,public P P C C C
129 Radio or television transmitters C C C C C
149
130 Radio stations X C X C C
150
131 Satellite television or personal Internet
151 broadband dishes/antenna(less than 3 P P P P P
feet in diameter)
132 Section 21.36.240
Towing services X X X X C
152
133 Trucking/freight terminal X X X X P
153
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
134 May be allowed in compliance with Chapter 21.34
154 Wireless telecommunications facilities CMC Chapter 21.34(Wireless
Communications Facilities)
Other Uses
135 Caretaker/employee housing X C X C C Section 21.36.040
155
Emergency shelters;within parcels Section 21.36.085
136 depicted by Figure II-63(Parcels Allowing
P P
4Sb Emergency Shelters)of the City of P P
Campbell Housing Element
Emergency shelters;outside parcels Section 21.36.085
137 depicted by Figure II-63(Parcels Allowing C C X C C
157 Emergency Shelters)of the City of
Campbell Housing Element
138 Collection containers,small,subject to Section 21.36.245
158 obtaining a permit pursuant to Section P P X P
21.36.245
139 Collection containers, large X P X P P Section 21.36.245
4g8 Conversion, commercial converted from C C C X X
residence
161 Conversion, industrial converted from X X X X C
residence
140 Government offices and facilities(local, C C C C C
162 State or federal)
141 Late night activities C C C C C
163
142 Drive-through/drive-up service/drive-up
161 window Outdoor active activities(e.g., X C X X X
drive up windows}
143 Outdoor seating,when more than twelve
165 total seats AC AC X X X
144 Outdoor seating,when twelve total seats P P X X X
466 or less
145 Philanthropic collection trailers C C X X X
167
146 Public utility service yards X X X C X
4b8
147 Public utility structures and service
1-6-9facilities C C X C C
148 Public works maintenance facilities and X C X C C
170 storage yards
149 Sexually oriented business in compliance Chapter 5.55 and
171 with Chapter 5.55 and section 21.35.205 X X X X P Section 21.35.205
of this Code. _
150 May be allowed in compliance with Chapter 21.45
172 Temporary uses CMC Chapter 21.45(Temporary
Uses)
The use of any building that was
173 constructed as a residential structure for a C t C_ X X
commercial or office use
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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
151 Transitional housing C C X X C
4-74
152 Warehousing,wholesaling and
175 distribution facility, incidental(less than X X X P X
fifty percent of floor area);
Expressly Prohibited Uses
Any business that includes smoking X
153 X
tobacco on site(e.g.,smoking lounges, N7 X X
176 hookah lounges,etc.) N/A A
154 Any use inconsistent with state or federal X X X X X
177 law
Any use which is obnoxious or offensive or
creates a nuisance to the occupants or
155 commercial visitors of adjacent buildings
178 or premises by reason of the emissions of X X X X X
dust,fumes,glare,heat, liquids, noise,
odor,smoke,steam,vibrations,or similar
disturbances
X
156 X
All incineration N7 X X X
4-7-4 N/A A PJ{A
Storage of commercial and industrial
488 vehicles, except for the purpose of loading X A X X X
and unloading
4-8-1 N/A of industrial vehicles,except for N/A X N/A X X
the purpose of loading and unloading.
The storage or warehousing of
182 merchandise or products in the building or X X X X X
on the premises, unless otherwise
183 The outdoor storage of merchandise or X X X X X
products
18 L The outdoor storage of merchandise or N/A X N/A X X
products, unless otherwise approved.
The storage of raw, in process,or finished
185 N/A A N/A X X
materials outside of an enclosed building;
The assembly, compounding,
manufacturing,or processing of
merchandise or products, except such as
�86 X X X
arc customarily incidental or essential to
11SCs
The use of any building that was
constructed as a residential structure.
187 Such building is considered N/ N/A
nonconforming and subject to the A
provisions of Chapter 21.58
(Nonconforming Uses and Structures)
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al When located more than 50-feet from a public right-of-way, as measured from the back of a public
sidewalk(or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not
present), on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map.
al When located more than 500-feet, as measured between the nearest property lines,from properties with
a residential and/or mixed-use land use designation excepting properties with a "General
Commercial/Light Industrial" land use designation.
Section 19. Campbell Municipal Code Section 21.11.060.A (Land uses in the Central
Business Mixed-Use zoning district) is hereby amended to read as follows with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
A. Land uses in the Central Business Mixed-Use zoning district.The permissibility of land uses,whether on the
ground floor,an upper floor,or on all floors,as applicable,shall be as specified by Table 2-11(Land Use Table—
Central Business Mixed-Use Zoning District),except for land uses in the Winchester Boulevard and East Campbell
Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table— Master Plan Areas). Land uses
that are listed as(P)are permitted and are approved by issuance of a zoning clearance in compliance with Chapter
21.40(Zoning clearance). Land uses listed as(AC)may be allowed subject to the approval of an Administrative
Conditional Use Permit and land uses listed as(C)may be allowed subject to the approval of a Conditional Use
Permit, in compliance with Chapter 21.46(Conditional use permits).Land uses listed as(N/A)shall not be:(1)
permitted;(2)allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit;
or(3)prohibited unless otherwise specified. Land uses listed as (X)and those not otherwise listed arc prohibited
and shall not be allowed.Operational requirements for outdoor merchandise display,outdoor seating,alcohol
sales for on-site consumption,and live entertainment are provided further in this chapter.
Table 2-11
Land Use Table— Central Business Mixed-Use Zoning District
# Land Use Ground Floor Upper Floors Special Use
Requirements
1 Alcohol sales, offsite C5 X Section 21.36.142
2 Alcohol sales, onsite CS C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service PS C
restaurants.
b. In conjunction with quick service C' C
restaurants or cafes.
c.All others. C C
44 Apartments' P P
5.2 Automated teller machines P X
68 Banks and financial services C P
74 Banquet facilities X C
88 Bed and breakfast inn2 C C
9€ Cat and dog day care facilities P C
10 Cat and dog grooming facilities P C
7
11 Dancing and/or live entertainment C C
8 establishments3
12 Hotels C C
9
13 Incompatible activities4 X X
48
14 Late night activities C C
44
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# Land Use Ground Floor Upper Floors Special Use
Requirements
4 Liquor establishments& 66 6
4-3 Liquor store? C X
15 Medical services,clinics X C
44
16 Offices, professional C P
4-5
17 Outdoor retail sales and activities C X
18 Outdoor seating on private property6 P C
19 Outdoor seating and merchandise display P X
within the public right-of-way'
20 Pedestrian-oriented activities8 P P
4-7
21 Temporary uses,subject to Chapter 21.45 P P Chapter 21.45
4-8
22 Wireless Communication Facilities May be allowed in compliance with Chapter 21.34
Campbell Municipal Code Chapter 21.34
(Wireless Communications Facilities)
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking facilities,
and a lobby. Residential units,leasing offices,and recreation spaces shall be restricted to upper floors.
(2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33(Historic
Preservation)
(3) Except as specified by Section 21.110.060.EF(Standards for live entertainment in the Central Business
Mixed-Use Zoning Ddistrict),which allows certain pedestrian-oriented activities to incorporate live
entertainment without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2-11A(Land Use Table)or that
incorporates one or more of the following characteristics,as determined by the community development
director in compliance with Section 21.02.020.F(Allowable uses of land).
• Any use inconsistent with state or federal law;
• Services offered by a"body art"practitioner as governed by California Health and Safety Code
sections 119300-119324(i.e.,tattoo parlors and similar uses);
• Services offered by a deferred deposit transaction "licensee"as governed by California Financial
Code sections 23000-23106(i.e., payday lenders and similar uses);
• Services offered by a "check casher"as governed by California Civil Code sections 1789.30-1789.38
(i.e.,check cashing and similar uses);
• Services offered by a"pawnbroker"as governed by California Financial Code sections 21000-
21307(i.e., pawnshops and similar uses);
gold buying,and similar uses);
• Services,goods,or entertainment offered by a sexually oriented business pursuant to Chapter 5.55;
• Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on-site retail sales;
• Outdoor storage of merchandise or products;
• Assembly,compounding, manufacturing or industrial processing of merchandise or products;
• Breeding, harboring,raising,or training of animals;
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• Repair, maintenance,or sale of motor vehicles;
• Service to consumers within a motor vehicle(i.e.,drive-through lane,drive-up window,or drive-in
service);
• Smoking or vaping of tobacco products(as defined by Chapter 6.11);
• Cultivation, processing,sale or dispensing of Cannabis("marijuana"as defined by Chapter 8.38 and
8.40);Of
• All incineration;or
• Emission of dust,fumes,glare, heat, liquids, noise,odor,smoke,steam,vibrations,or similar
disturbance which is obnoxious or offensive or creates a nuisance.
(56)When clearly ancillary to a pedestrian-oriented activity and meeting the requirements of CMC 21.36.145
B.1.).Except as specified by Section 21.10.060.E(Standards for alcohol sales for on site consumption in the
Central Business Mixed Use zoning district),which allows certain pedestrian oriented activities to
incorporate an ancillary liquor establishment without a conditional use permit.
{7) Liquor stores arc subject to the provisions provided in Section 21.36.110(Liquor Stores).
(6) Outdoor seating on private property is subject to the provisions provided in Section 21.36.150(Outdoor
seating)
(7) Outdoor seating and merchandise display within the public right-of-way are permitted as specified by
Section 21.11.060.F.
(8) "Pedestrian-Oriented Activities"means any land use or combination of land uses that incorporate all of the
following characteristics as determined by the community development director in compliance with
Section 21.02.020.F(Allowable uses of land).This definition specifically includes retail stores,grocery
stores, personal services,spa services/health spa(excluding massage establishments),full service
restaurants, indoor amusement centers,and studios as defined by Chapter 21.72(Definitions).
• Provides or offers food, beverages, retail goods,services,instruction,and/or entertainment to the
general public;
• Is open to the general public on a regular basis;
• Is conducted within the interior of a building,except for outdoor displays and outdoor dining areas
as allowed by this Chapter;
• Maintains a transparent storefront open to the interior of the business and/or onto a merchandise
display(when on the ground floor);and
• Is not otherwise classified as an incompatible activity as defined by this Chapter.
Section 20. Campbell Municipal Code Section 21.11.060.B (Land uses in the Central
Business Mixed-Use zoning district) is hereby amended to read as follows with underlining
(underlining) indicating new text and strikeouts (strikeout)) indicating deleted text as follows:
B. Land uses in the Area/Master Plan areas:The permissibility of land uses in the Winchester Boulevard and East
Campbell Avenue Master Plan areas on properties with a General Plan land use designation of Central Business
Mixed-Use shall be as specified by Table 2-11a(Land Use Table 2 lla — Master Plan Areas). Land uses that are
listed as(P)are permitted and are approved by issuance of a zoning clearance in compliance with Chapter 21.40
(Zoning clearance). Land uses listed as(AC)may be allowed subject to the approval of an Administrative
Conditional Use Permit and land uses listed as(C)may be allowed subject to the approval of a Conditional Use
Permit, in compliance with Chapter 21.46(Conditional use permits).Land uses listed as(N/A)shall not be:(1)
;
or(3)prohibited unless otherwise specified. Land uses listed as(X)and those not otherwise listed are prohibited
and shall not be allowed.The boundaries of the Winchester❑oulevard and East Campbell Aver a Master Plans
arc shown on the City of Campbell Zoning Map,available at the Community
City Council Ordinance No. 2306
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Table 2-11a
Land Use Table— Master Plan Areas
# Land Use LAND USES Permissibility Special Use
Permissibility Requirements
1 Alcohol sales, offsite C Section 21.36.142
2 Alcohol sales, onsite C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service restaurants. AC
b. In conjunction with quick service restaurants or cafes except AC
in areas with a Neighborhood Commercial or Neighborhood
Commercial Mixed-Use land use designation or subject to the
Downtown Alcohol Beverage Policy.
c.All others. C
4 Apartments P
5 Arcades C
6 Banks and financial services C
7 Convenience markets/stores C
8 Dancing and/or live entertainment establishments C
9 Government offices and facilities C
10 Grocery stores C
11 Incompatible activities X1
12 Late night activities C
Liquor stablishments �a
liquor stores
13 Medical services,clinics C
14 Nightclubs C}
15 Offices,professional P
16 Outdoor seating on private property,when twelve seats or P Section 21.36.150
fewer
17 Outdoor seating on private property, when more than twelve AC Section 21.36.150
seats
18 Outdoor seating within the public right-of-way X
19 Parking lots/structures, public C
20 Personal services P
21 Public assembly uses C
22 Restaurants,full service or cafes P
23 Restaurants or cafes,quick servicefast food C
Restaurants,standard c
24 Retail stores,general merchandise P
25 Secondhand/thrift stores with onsite acquisition C
Spa Servo, s/Health Spa C
26 Studios,small and large C
27 Temporary uses,subject to Chapter 21.45 P Chapter 21.45
28 Theaters, movie or performing arts,and concert halls C
29 Tutoring centers(small and large) C
30 Wireless Communication Facilities May be allowed in Chapter 21.34
compliance with
Campbell Municipal
Code Chapter 21.34
(Wireless
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Land Use LAND USES Permissibility Special Use
Permissibility Requirements
Communications
Facilities)
(1) See Table 2-11, Note#4 of this Chapter for the definition of"Incompatible activities," excepting as
"secondhand d alers"and"coin dealers" as to allow"Secondhand/thrift stores" to reference any"land use
not identified" in Table 2-11a of this Chapter rather than Table 2-11 of this Chapter.
{2) Liquor establishments are subject to the findings provided in Section 21.36.115(liquor establishments).
{3) Liquor stores are subject to the provisions provided in Section 21.36.110(Liquor stores).
Section 21. Campbell Municipal Code Section 21 .11 .060.D. (Standards for alcohol sales
for on-site consumption in the Central Business Mixed-Use Zoning District) is hereby deleted
in its entirety and noted as (Reserved).
Section 22. Campbell Municipal Code Section 21.36.030 (Reserved) is hereby deleted in
its entirety.
Section 23. Campbell Municipal Code Section 21.36.030 (Arcades) is hereby added as
follows with underlining (underlining) indicating new text:
21.36.030 Arcades.
A. Purpose.This section provides provisions for the establishment and operation of arcades where they are
allowed in compliance with Article 2(Zoning Districts).
B. Number of arcades permitted.There shall be authorized to be three arcades for every fifty thousand persons
residing within the city limits. If the population exceeds fifty thousand persons,there shall be authorized one
additional arcade.
C. Operational Standards.
1. Locking or barricading doors. No person shall keep any door or entrance to an area with an arcade
locked, barred or barricaded in such manner as to make it difficult of access or ingress to police
officers while two or more persons are present in such room, and no person shall visit or resort to any
such locked, barred or barricaded room or place protected in any such manner to make it difficult of
access or ingress to police when two or more persons are present.
2. Card tables. No card tables shall be kept, or any card games played or allowed in any facility with an
arcade.
3. Duties of proprietor. It shall be the duty of the proprietor or manager of each arcade or semiarcade to
ensure that an adult employee(eighteen years or older) be in charge of the arcade or semiarcade at
all times that it is open to the public.
4. Admittance.
a. Any establishment which contains an arcade and which has a primary business of the sale
of prepared food products and has a secondary or supplemental business of sale for
consumption on the premises of alcoholic beverages shall prohibit the playing of any
amusement device after ten p.m. by any person under the age of eighteen years.
b. Arcades located in premises not licensed for the sale of alcoholic beverages shall be closed to
the public between the hours of twelve midnight and nine a.m.
c. Any establishment which contains an arcade and which has a primary business of the sale
of alcohol shall prohibit the entry of any person under the age of twenty-one years.
d. Minors under the age of eighteen years shall not be allowed to remain in or gain entry to a
facility with an arcade after ten p.m. unless accompanied by a parent or guardian.
D. Impounding.Any mechanical amusement device operated or maintained in violation of any law of the state, of
any provision of this code, of any conditions upon which a permit or license may be granted,or of any lawful
City Council Ordinance No. 2306
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order of the chief of police or such other person who may hereafter be designated is a public nuisance and
shall be impounded by the chief of police,and, if any court of competent jurisdiction determines that the
device or the use or operation thereof violates or has violated any such laws or ordinances,conditions or
orders,the mechanical amusement device shall be confiscated by the chief of police. Likewise, if any such
device is placed,operated or maintained to be operated without a current license,the chief of police may
immediately cause the same to be impounded and may not release the mechanical amusement device until a
new permit has been obtained in the manner provided for in this chapter for obtaining an original permit.
Mechanical amusement devices impounded under the provisions of this section shall be held for a period of
thirty days,and if not redeemed within such period may be destroyed or otherwise disposed of by the chief of
police.Any proceeds obtained from the disposal thereof,together with all moneys thereon,shall be deemed
forfeited to the city to compensate it for the impounding of such device.
E. Gambling,card tables,and games.
1. Games for value. No person shall permit gambling of any kind or description or playing any
amusement device or games whatsoever for money or anything of value within any arcade.Gambling
and/or gaming in any business establishment where amusement devices are located will subject the
owners of the business establishment,their servants,agents, and employees to prosecution for a
misdemeanor, and upon conviction they shall be subject to such fine and imprisonment as provided in
this code.
Section 24. Campbell Municipal Code Section 21.36.035 (Bingo) is hereby added as
follows with underlining (underlining) indicating new text:
21.36.035 Bingo.
A. Authority. Pursuant to the authority provided in Section 19(c)of Article IV of the State Constitution and Section
326.5 of the Penal Code,the city establishes the following requirements for the conduct of bingo games by
nonprofit charitable organizations within the incorporated area of the city.
B. Purpose.This section provides provisions for the establishment and operation of bingo activities where they
are allowed in compliance with Article 2(Zoning Districts)and Chapter 21.45 (Temporary Uses).
C. Operational Standards.
1. Organizations permitted to conduct bingo games. No person,organization or other legal entity shall
be permitted to conduct bingo games in the incorporated area of the city unless such persons,
organizations or other legal entities are classified as a mobile home park association, senior citizens'
organization, or possess a valid certificate or letter from the franchise tax board and the Internal
Revenue Service,stating that they are exempted from the payment of the bank and corporation tax by
a section of the Revenue and Taxation Code as follows:
23701-a and are described as labor,agricultural,or horticultural organizations;
23701-b and are described as fraternal, beneficiary societies,orders,or
organizations;
23701-d and are described as religious, charitable,scientific, literary, education
and humanitarian corporations;
23701-e and are described as business leagues, chambers of commerce, real
estate boards,and boards of trade;
23701-f and are described as civic leagues,social welfare and employees'
organizations;
23701-g and are described as nonprofit pleasure and recreation clubs;
23701-i and are described as voluntary government employees' beneficiary
organizations;
2. Minors. No minors shall be allowed to participate in any bingo game.
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3. Open to the public.All bingo games shall be open to the public, not just to the members of the
organization.
4. Staffing and operation.A bingo game shall be operated and staffed by members of the organization
which organized it.Only an organization authorized to conduct a bingo game pursuant to this Section
shall operate such game, or engage in the promotion, supervision,or any other phase of such game.
5. No profit,wage,or salary. No person or agent of such person shall receive a profit,wage,salary,or
other income from any bingo game authorized by this section, except as a bona fide prize(s) received
as a participant in such bingo game.
6. Equipment.All equipment used in the operation of bingo games shall be owned by the organization
authorized to conduct such bingo games.
7. Financial interest. No individual,corporation, partnership,or other legal entity, except the
organization authorized by permit and license to conduct a bingo game,shall hold a financial interest
in the conduct of such bingo game.
8. Separate fund.All profits derived from a bingo game shall be kept in a special fund or account and
shall not be commingled with any other fund or account.
9. Records. Each organization conducting a bingo game shall maintain detailed records of all profits,
expenditures, prizes, and other expenses associated with the operation of bingo games.Said records
shall be retained for such period of time as required by state and federal law and for a period of three
years for purposes of this section.
10. Total value of prizes.The total value of prizes awarded during the conduct of any bingo games shall
not exceed two hundred and fifty dollars in cash or kind, based or both for each separate game which
is held.The total value of prizes may be increased to account for inflation based on the relative
increase in the Consumer Price Index(CPI), as published by the United States Bureau of Labor
Statistics, using a base month and year of December 1977.
11. Physical presence at bingo game required. No person shall be allowed to participate in a bingo game
unless such person is physically present at the time and place at which the bingo game is being
conducted.
12. Frequency and Duration.An organization shall not conduct a bingo game for a period exceeding six
hours per day, or with a frequency of more than twelve times per year.
13. Filing of annual report.At the end of each year, each organization conducting bingo games shall file a
report made under penalty of perjury with the city clerk indicating the total amount of money
received from the operation of the bingo games in the previous year and the total amount paid out in
prizes.
D. Location.An organization authorized to conduct bingo games shall conduct such games only on property
owned or leased by it, and which property is used by such organization for an office or for performance of the
purposes for which the organization is organized. Nothing in this section shall be construed to require that the
property owned or leased by the organization be used or leased exclusively by such organization. No bingo
game shall be conducted by any organization or other legal entity on any property owned or controlled by_an_y
organization or other legal entity on any property owned or controlled by the city, unless the City Manager or
designee has specifically approved the use of city property.
E. Investigation.The chief of police shall have the authority to obtain criminal history information for each person
operating or assisting in the operation of a bingo game.
F. Compliance with State Law.The provisions of this Section are not intended to conflict with, but shall
supplement, all laws of the state relating to lotteries,gaming,and/or gambling.
Section 25. Campbell Municipal Code Section 21.36.142 (Offsite alcohol sales) is hereby
added as follows with underlining (underlining) indicating new text:
21.36.142 Offsite alcohol sales.
This section provides provisions for the establishment and operation of facilities with oftsite alcohol sales,where
they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining
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zoning district subject to a master use permit authorized by Section 21.14.030.0(Master use permit)and activities
authorized by Chapter 21.45 (Temporary Uses):
A. Location.All facilities with offsite alcohol sales shall meet the following location requirements:
1. Proximity to sensitive receptors.All facilities with offsite alcohol sales,except grocery stores,shall be
separated from a park,playground,or school a minimum distance of 300 feet as measured between the
nearest property lines.
2. Proximity to other establishments.All facilities with offsite alcohol sales, except grocery stores,shall be a
minimum of 500 feet from another such use,either within or outside the city.
3. Proximity to payday lenders.All facilities with offsite alcohol sales,except grocery stores,shall be a
minimum of five hundred feet from any payday lender, either within or outside the city.
B. Required findings.The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with onsite alcohol sales:
1. The establishment will not significantly increase the demand on city services;and
2. The establishment will be consistent with the Downtown Alcohol Beverage Policy,when applicable.
Section 26. Campbell Municipal Code Section 21.36.144 (Onsite alcohol sales) is hereby
added as follows with underlining (underlining) indicating new text:
21.36.144 Onsite alcohol sales.
This section provides provisions for the establishment and operation of facilities with onsite alcohol sales,where
they are allowed in compliance with Article 2(Zoning Districts),except for property located within an overlay/combining
zoning district subject to a master use permit authorized by Section 21.14.030.0(Master use permit)and activities
authorized by Chapter 21.45(Temporary Uses):
A. Required findings.The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with onsite alcohol sales:
1. The establishment will not result in an over concentration of another such use in the surrounding area;
2. The establishment will not significantly increase the demand on city services;and
3. The establishment will be consistent with the Downtown Alcohol Beverage Policy,when applicable.
Section 27. Campbell Municipal Code Section 21.36.145 (Onsite alcohol sales, ancillary)
is hereby added as follows with underlining (underlining) indicating new text:
21.36.145 Onsite alcohol sales,ancillary.
This section provides provisions for the establishment and operation of facilities with ancillary onsite alcohol sales,
where they are allowed in compliance with Article 2(Zoning Districts),except for property located within an
overlay/combining zoning district subject to a master use permit authorized by Section 21.14.030.0(Master use permit)
and activities authorized by Chapter 21.45(Temporary Uses):
A. Required findings.The decision-making body shall make the following findings, in addition to any other findings
required, prior to the establishment of a facility with ancillary onsite alcohol sales when a permit,other than a
zoning clearance, is required by Title 21(Zoning):
1. The establishment will not significantly increase the demand on city services;and
2. The establishment would be consistent with the Downtown Alcohol Beverage Policy,when applicable.
B. Facility types.
1. "Full service restaurants" or"Quick service restaurants or cafes", in compliance with Chapter 21.72
(Definitions),when all of the following requirements are satisfied:
a. The business does not sell alcohol,other than beer and wine,for onsite consumption.
b. The business does not sell alcohol,of any kind,for offsite consumption.
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c. The business has obtained, and shall maintain in good standing, a Type 41 (On-Sale Beer&Wine—
Eating Place) license issued by the California Department of Alcoholic Beverage Control.
d. The business does not incorporate a separate bar area, defined as a separate area,tables, or a room
intended primarily for serving alcoholic beverages.
e. A full-service menu is available during all hours,and at all locations within the business,where alcohol
is served.
Section 28. Campbell Municipal Code Section 21.36.110 (Liquor stores) is hereby deleted
in its entirety and noted as Reserved.
Section 29. Campbell Municipal Code Section 21.36.115 (Liquor establishments) is hereby
deleted in its entirety and noted as Reserved.
Section 30. Campbell Municipal Code Section 21.36.140 (Motor vehicle repair facilities) is
hereby amended to read as follows with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text.
21.36.140 Motor vehicle repair facilities.
This section provides locational and operational standards for the establishment of motor vehicle repair facilities,
in compliance with Article 2,(Zoning Districts),which shall be subject to the following criteria and standards.
A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress,
and safe and unimpeded on-site circulation.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the
surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor vehicle
repair facility,excluding the front yard setback area,those locations approved for ingress and egress,and
areas adjoining a street,other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any
public street or highway,or adjoining properties, by a six-foot high decorative masonry wall or other
opaque material approved by the community development director.
F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale(unless the use is also a vehicle sales lot).
H. Noise from bells,loudspeakers, public address systems,or tools shall not be audible from residentially zoned or
occupied parcels between the hours of seven p.m.and seven a.m.on weekdays and Saturdays,and before ten
a.m.and after seven p.m. on Sundays and nationally recognized holidays.
I. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a residential
development or zoning district.
J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.
K. Vehicle Identification. Motor vehicle repair facilities established on, or after,the effective date of this Section
21.36.140.K.,shall be required to identify vehicles awaiting or undergoing repair with a label on the dash of
every vehicle. The size of the label shall be a half letter size(5.5 inches by 8.5 inches)or greater.
L. Vehicle Ledger. Motor vehicle repair facilities established on, or after the effective date of this Section
21.36.140.L., shall be required to keep a ledger of all vehicles under their care, and make the list available to
City staff on request.The list shall be used to confirm if vehicles under the care of the operator are parked in
the street and/or not appropriately identified on the premises.
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Section 31. Campbell Municipal Code Section 21.36.243 (Tutoring centers) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text:
21.36.243 Tutoring centers.
This section provides provisions for the operation of locational and operational standards for'tutoring centers,
large'and 'tutoring centers,small'(hereinafter collectively referred to as'tutoring centers')where they are allowed in
compliance with Article 2,(Zoning Districts):
A. Location.Tutoring centers shall satisfy all of the following standards:
1. The tenant space is located in a profes..ional office and/or medical service building(e.g.the space does not
have storefront windows,clear span interiors,or service ar as typically associated with a retail store);
2. The tenant space has not been occupied by a retail store in the past twelve months;and
3. The tenant space is located in an area without high pedestrian/vehicle visibility and access.
A.&Operation.Tutoring centers established on or after April 19, 2019(the effective date of City Council Ordinance
No. 2240)the effective date of this ordinance, regardless of zoning district,shall abide by the following
standards:
1. Appointment only. Instruction shall be provided by appointment only and scheduled at least one-day in
advance of the instruction;
2. Outdoor activities.All instructional activity shall occur within the interior of the tenant space;and
3. Noise.Sound generated within the tenant space, regardless of decibel level,shall not create unreasonable
noise which obstructs the free use of neighboring businesses or residences. Further,doors shall be kept
closed at all times instruction is provided.
Section 32. Campbell Municipal Code Section 21.45.030 (Exemptions) is hereby amended
to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text as follows:
21.45.030 Exemptions
This Chapter shall not apply to the following:
1. Special events approved by the City Council pursuant to Chapter 5.50,(Special Events Permit);
2. Property located within an overlay combining zoning district subject to a master use permit authorized by
Section 21.14.030.0(Master use permit);
3. Private events not open to the general public occurring entirely within the interior of a commercial
establishment,conducted in compliance with an existing City land use permit;
4. Fundraising and commercial activities conducted by minor children(e.g.,cookie sales, lemonade stands,etc.);
5. Non-Commercial speech activity protected by the United States or California constitutions(e.g.,the
distribution of political or religious materials,initiative/petition signings,voter registration drives,etc.);and
6. Entertainment performances conducted on publicprivate property(e.g.,busking, "First Friday" musical
performances,etc.), provided that such performances do not constitute a public nuisance as defined by Section
6.10.020(Nuisance conditions).
Section 33. Campbell Municipal Code Section 21.45.040.A. (Allowed uses) is hereby
amended to read as follows with underlining (underlining) indicating new text and strikeouts
(strikeouts) indicating deleted text as follows:
A. Allowed uses.The following temporary uses are permitted by right without the need to obtain a temporary use
permit and without cost,when located on a non-residentially zoned private property, in compliance with Article
2, (Zoning Districts),subject to the specified general standards.
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1. Activity occurring on private property in association with a special event permit approved pursuant to Chapter
5.50, (Special Events Permit);
2. Beer and wine festivals/walks occurring within the CB-MU Zoning District, held by a chamber of commerce or
incorporated business association,and subject to issuance of a Daily(Special One-day Event Permit)from the
California Department of Alcoholic Beverage Control;
3. Bingo in compliance with CMC 21.36.035 (Bingo);
4.3-Blood drives;
5.4. Grand opening and ribbon cutting events sponsored by a chamber of commerce;
6.8,Halloween pumpkin sales lots occurring from September 1st to October 31st;
7.6:Holiday tree sales lots occurring from November 1st to December 25th;
8.7,Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five parking
stalls are utilized for a period of no more than six hours;
9.8-Placement of on-site construction trailers on a property subject to an active building permit;
10.9: Placement of up to two cargo containers on a property subject to an active building permit;
1140, Sales offices located on a property subject to an active building permit;and
12.44- Social and/or fundraising events conducted on the property of a public assembly use(as defined by
section 21.72.020.p)for a period not exceeding six hours, provided that such events do not occur more than
twelve times per year.
Section 34. Campbell Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby
amended to add the definition of"Alcohol sales, offsite", after the definition of"Adult day care
facilities", with underlining (underlining) indicating new text as follows:
"Alcohol sales,offsite"or"Offsite alcohol sales"means a retail activity that involves the selling of alcoholic
beverages for consumption off the premises. Retail activities that involve offsite alcohol sales shall comply with the
provisions of Section 21.36.142(Offsite alcohol sales)and may include, but are not limited to,the following land use
types:
1. Breweries;
2. Convenience markets/stores;
3. Distilleries;
4. Grocery stores;
5. Liquor stores;and
6. Wineries.
Section 35. Campbell Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby
amended to add the definition of"Alcohol sales, onsite", after the definition of"Alcohol sales,
offsite", with underlining (underlining) indicating new text as follows:
"Alcohol sales,onsite"or"Onsite alcohol sales" means a retail activity that involves the selling of alcoholic
beverages for consumption on the premises. Retail activities that involve onsite alcohol consumption shall comply
with the provisions of Section 21.36.144(Onsite alcohol sales)and may include, but are not limited to,the following
land use types:
1. Arcades;
2. Banquet facilities;
3. Bars.
4. Breweries;
5. Community/cultural/recreational center;
6. Distilleries;
7. Golf courses and golf driving ranges;
8. Indoor amusement/entertainment/recreation centers;
9. Hotels;
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10. Motels;
11. Nightclubs;
12. Outdoor amusement/entertainment/recreation centers;
13. Public assembly uses;
14. Restaurants,full service;
15. Theaters, movie or performing arts;and
16. Wineries.
Retail activity meeting the definition of"Alcohol sales, ancillary onsite" are excluded from this definition.
Section 36. Campbell Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby
amended to add the definition of"Alcohol sales, ancillary onsite" or "Ancillary onsite alcohol
sales", after the definition of "Alcohol, offsite sales", with underlining (underlining) indicating
new text as follows:
"Alcohol sales,ancillary onsite" or"Ancillary onsite alcohol sales" means a retail activity that involves the
selling of alcoholic beverages for consumption on the premises meeting the requirements of one of the facility types
identified by Section 21.36.145.B. (Facility types). Retail activities meeting this definition are excluded from the
definition of"Alcohol sales, onsite."
Section 37. Campbell Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby
amended to add the definition of "Amusement device", after the definition of "Ambulance
service", with underlining (underlining) indicating new text as follows:
"Amusement device" means a piece of equipment or a mechanism designed for the purpose of
entertaining or creating a game for a person or persons to play. Examples of amusement devices include, but are not
limited to, arcade video games, electro-mechanical games, air hockey tables, photo booths, and pinball machines.
Merchandiser games(i.e.,claw machines)and similar devices where an award is given in exchange for money are not
included in this definition.
Section 38. Campbell Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby
amended to add the definition of "Ancillary onsite alcohol sales", after the definition of
"Amusement device", with underlining (underlining) indicating new text as follows:
"Ancillary onsite alcohol sales."See"Alcohol sales, ancillary onsite."
Section 39. The definition of "Ancillary retail uses serving industrial uses" in Campbell
Municipal Code Section 21.72.020.A (Definitions, "A.") is hereby amended with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Ancillary retail uses serving industrial uses" means the retail sales of various products within an industrial
area for the purpose of serving the employees and businesses and/or ancillary retail operations associated with an
industrial use which occupy no more than twenty-five percent of the uses existing floor area.
Section 40. The definition of "Arcades" in Campbell Municipal Code Section 21.72.020.A
(Definitions, "A.") is hereby amended with underlining (underlining) indicating new text and
strikeouts (strikeouts) indicating deleted text as follows:
"Arcades" means establishments providing three or more amusement devices within an
indoor amusement and entertainment facility. Two or less amusement devicesarcade machines are not considered
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a land use separate from the primary use of the site.This land use does not include arcade games or other activities
Section 41. Campbell Municipal Code Section 21.72.020.E (Definitions, "B.") is hereby
amended to add the definition of "Bingo", after the definition of "Beer and wine
festivals/walks", with underlining (underlining) indicating new text as follows:
"Bingo" means a game of chance in which prizes are awarded on the basis of designated letters, numbers,
or symbols on a card which conform to letters, numbers, or symbols selected at random. Bingo activities are subject
to the requirements of Section 21.36.035 (Bingo.)
Section 42. The definition of "Blueprinting shop" in Campbell Municipal Code Section
21.72.020.B (Definitions, "B.") is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
"Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings,
architectural plans, maps, or other images by blueprinting, photocopying,or other methods of duplication.This use
is included in the definition of"Printing and publishing". Does not include printing and publishing services("printing
and publishing")or other business support services("business support services").
Section 43. The definition of "Convenience markets/stores" in Campbell Municipal Code
Section 21.72.020.0 (Definitions, "C.") is hereby amended with underlining (underlining)
indicating new text and strikeouts (strikeouts) indicating deleted text as follows:
"Convenience markets/stores"means an establishment that includes the retail sale of shelf stable food,
beverages,and small personal convenience items, primarily for off premises consumption and typically found in
establishments with long or late hours of operation and in a relatively small building;but excluding delicatessens
and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits
and vegetables and fresh cut meat.A minor portion of the food sold onsite may be perishable(e.g., coffee,
hotdogs,slushies,snacks,)when prepared for immediate consumption (i.e.,the sale of raw meat is prohibited).
These stores are included in the definition of"Retail stores,general merchandise" and excluded from the
definition of"Grocery stores".can be part of a gasoline station or an independent facility.
Section 44. The definition of"Liquor establishments" in Campbell Municipal Code Section
21.72.020.L (Definitions, "L.") is hereby deleted in its entirety.
Section 45. The definition of "Liquor stores" in Campbell Municipal Code Section
21.72.020.L (Definitions, "L.") is hereby amended with strikeouts (strikeout:) indicating
deleted text as follows.
"Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages,
including beer and wine,for consumption off the premises.;Liquor stores shall comply with the provisions
of Section 21.36.110.
Section 46. The definition of "Grocery stores" in Campbell Municipal Code Section
21.72.020.G (Definitions, "G.") is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
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"Grocery stores" means an establishment which sells perishablestaple food items(e.g., meat, eggs,dairy
products,fruits,vegetablescoffee,sugar,flour,etc.).Grocery stores may also sell and usually meats and other
feods-(e f ;ts-vegeabb.les,da -products, ete,)and household staples and supplies(e.g.,soap,matches, paper
napkins,etc.);a minor portion of the food sold may be processed on site(e.g.,deli or bakery services). Food stores
not classified as grocery stores. Grocery stores include delicatessens and meat markets, but do not include uses
meeting the definition of"Convenience markets/stores".
Section 47. The definition of "Outdoor "active" activities" in Campbell Municipal Code
Section 21.72.020.0 (Definitions, "O.") is hereby deleted in its entirety.
Section 48. The definition of"Printing and publishing" in Campbell Municipal Code Section
21.72.020.P (Definitions, "P.") is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
"Printing and publishing" means establishments engaged in printing by gravure, letterpress,lithography,
offset,screen,or other common process,including electrostatic(xerographic)copying and other"quick printing"
services;and establishments serving the printing trade including bookbinding,electrotyping,engraving,
photoengraving,silk screening,and typesetting.This use also includes establishments that publish books,
newspapers,and periodicals;and establishments manufacturing business forms and binding devices. Printing and
publishing establishments also include"Blueprinting shops".
Section 49. The definition of "Restaurants" in Campbell Municipal Code Section
21.72.020.R (Definitions, "R.") is hereby amended with underlining (underlining) indicating
new text and strikeouts (strikeouts) indicating deleted text as follows:
Restaurants.
1. Restaurants,drive-through.(See"drive-through/drive-up service/drive-up window").
2. Restaurants,drive-in.(See"Drive-in/drive-in service").
3. "Restaurants or cafes, quick servicefast food" or "restaurants, fast casual" or"fast casual restaurants"
or"quick service restaurants or cafes"means establishments whose primary business is the sale of food
and beverages to customers for consumption on-site or off-site.This type of restaurant provides onsite
seating and typically includes the following operational characteristics:
• High turnover rates for eat-in customers(typically less than 40 minutes);
• High percentage of carry-out clientele and/or presence of a dedicated food/beverage pickup
area;
• Very limited or no table service;
• Does not accept dining reservations;
• Drink dispensers, condiment bars, and/or trash disposal areas are provided in locations
accessible to customers to accommodate self-service;
• Customers typically order from a menu board or electronic system and pay before receiving
food and beverages;and
• Food and beverages are served with disposal tableware.
rather than made to order. Plates and cutlery are disposable. Condiment bars and trash disposal are
self service.
4. "Restaurants, full service or cafes" or "Full service restaurants" means establishments whose primary
business is the sale of food and beverages to customers for their consumption within the restaurant or
restaurant patio area.This type of restaurant provides onsite seating and typically includes the following
operational characteristics:
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• Low turnover rates for eat-in customers(typically more than 40 minutes);
• Low percentage of carry-out clientele and/or lack of a dedicated food/beverage pickup area;
• Provides table service;
• Accepts dining reservations;
• Drink dispensers,condiment bars,and/or trash disposal areas are not accessible to customers;
• Customers typically order from a menu where they are seated and pay after receiving food and
beverages;and
• Food and beverages are served with non-disposal tableware.
Customarily at least fifty percent of the total gross floor area is used for the seating of customers.The restaurant
may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carryout food service are
allowed if they are incidental to the primary purpose of consumption of food and beverages in the
restaurant.
5. "Restaurants, standard" means any establishment whose principal business is the sale of foods,
desserts, or beverages to the customer in a r ady to consume state, and whose design or principal
method of operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods, desserts, or
beverages on tableware by a restaurant employee at the same table or counter at which said
items arc consumed.
b. A cafeteria type operation where foods, desserts, or beverages generally arc consumed
within the restaurant building.
Section 50. The definition of "Retail stores, general merchandise" in Campbell Municipal
Code Section 21.72.020.R (Definitions, "R.") is hereby amended with underlining
(underlining) indicating new text and strikeouts (strikeout&) indicating deleted text as follows:
"Retail stores,general merchandise" means retail trade establishments selling many lines of merchandise.
These stores and lines of merchandise include:
1. Antiques;Art stores/galleries;
2. Antiques;Art stores/galleries;
3. Artists'supplies;
4. Bakeries (•tail-enl;;;
5. Boat supplies;
6. Beauty supply;
7. Bicycles;
8. Cameras and photographic supplies;
9. Candy stores;
10. Clothing and accessories;
11. Collectibles;
12. Convenience markets/stores;
13. Department stores;
141-2. Drug and discount stores;
151-3. Fabrics and sewing supplies;
16. Furniture,furnishings, and equipment stores;
17.44. Florists and houseplant stores(indoor sales only—outdoor sales are"garden centers/plant nurseries");
18.E Gifts, novelties and souvenirs;
16. Delicatessens;
19.37 Handcrafted items(stores may include crafting preparations subordinate to retail sales);
20. Hardware stores;
21.48. Hobby materials;
22.19-: Jewelry;
23.2Q, Luggage and leather goods;
24. Medical stores;
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25. Music(recordings)stores
21. Meat market;
26.2-2, Newsstands;
23. Orthopedic supplies;
27. Pharmacies/drug stores;
28.2-4. Photography studio/supply shops;
29. Secondhand/thrift stores without onsite acquisition
30.25. Shoes;
31.26: Small wares;
322-7, Specialty shops;
33.E Sporting goods and equipment;
34.29. Stationery;
35.30. Toys and games; and
36.34, Variety stores.
Retail stores included in this definition may provide limited indoor seating for customer convenience,provided
that no more than 12 seats are provided when the tenant space is less than 10.000gross square-feet in area.
Section 51. Campbell Municipal Code Section 21.72.020.M (Definitions, "M.") is hereby
amended to add the definition of"Medical stores", after the definition of"Massage therapy",
with underlining (underlining) indicating new text as follows:
"Medical stores" means a retail store specializing in the sale of medical equipment and devices that also
includes related medical services in an ancillary capacity,such as an eyewear store with an on-site optometrist.
This type of retail store is included in the definition o_f"Retail stores,general merchandise" and excluded from the
definition of"medical services, clinics".
Section 52. Campbell Municipal Code Section 21.72.020.0 (Definitions, "O.") is hereby
amended to add the definition of "Offsite alcohol sales", after the definition of "Offices,
professional", with underlining (underlining) indicating new text as follows:
"Offsite alcohol sales." See"Alcohol sales, offsite."
Section 53. Campbell Municipal Code Section 21.72.020.0 (Definitions, "O.") is hereby
amended to add the definition of"Onsite alcohol sales", after the definition of"Offsite alcohol
sales", with underlining (underlining) indicating new text as follows:
"Onsite alcohol sales." See"Alcohol sales, onsite."
Section 54. The definition of "Secondhand/thrift stores" in Campbell Municipal Code
Section 21.72.020.S (Definitions, "S.") is hereby amended with underlining (underlining)
indicating new text and strikeouts (strikeout;) indicating deleted text as follows:
"Secondhand/thrift stores with onsite acquisition"means indoor retail establishments that acquire and sell
used products onsitebuy and sell used products,including books, clothing,furniture,and household goods. Used
products may be purchased, received in donation,or placed in care of the store for consignment The sale of cars
and other used vehicles is included under"Motor Vehicle Sales."
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Section 55. Campbell Municipal Code Section 21.72.020.S (Definitions, "S.") is hereby
amended to add the definition of "Secondhand/thrift stores without onsite acquisition", after
the definition of "Secondhand/thrift stores with onsite acquisition", with underlining
(underlining) indicating new text as follows:
"Secondhand/thrift stores without onsite acquisition" means indoor retail establishments that sell used
products, including books, clothing,furniture, and household goods onsite.This type of retail store does not
accept products for sale onsite and is included in the definition of"Retail stores,general merchandise" and
excluded from the definition of"Secondhand/thrift stores,with onsite acquisition".The sale of cars and other
used vehicles is included under"Motor Vehicle Sales."
Section 56. The definition of "Spa Services/Health Spa" in Campbell Municipal Code
Section 21.72.020.S (Definitions, "S.") is hereby deleted in its entirety.
Section 57. If any section, sentence, clause, phrase, word, or other provision of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding
shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or
other provisions of this Ordinance, or the validity of this Ordinance, shall stand
notwithstanding the invalidity of any section, sentence, clause, phrase, word or other
provision.
Section 58. The proposed Ordinance is exempt under Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to
the City's Municipal Code may have a significant effect on the environment.
Section 59. The City Council further finds and determines that the proposed Ordinance is
consistent with the goals, policies, and actions of the 2040 General Plan.
Section 60. That this Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, or summary thereof, one time within fifteen
(15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general
circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 16th day of April, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVE
usan M. Landry, r
ATTEST: i7/'. a
Andrea Sa ers, City Clerk