Chapt 21.26 C3 District - 1994MEMORANDUM
CITY OF CAMPBELL
To:
From:
Subject:
Curtis Banks Date:
Community Development Department
Jan, emsley JUN !994
Cif~ Clerk's Office CllY
CAMPBELL
City-initiatedk3 amendment to Chapter 21.26 of the Municip~~~al
Business District
June 23,R~~ E I V E D
At its regular meeting of June 21, 1994, the City Council adopted
Ordinance No. 1902 amending Chapter 21.26 of the Municipal Code, Central
Business District. Please find certified copy of this Ordinance attached
for your records.
The Ordinance will be published in the Campbell Express of June 29, 1994
and will be sent to Book Publishers for codification.
ORDINANCE NO. 1902
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 21.26 (CENTRAL BUSINESS
DISTRICT) OF THE CAMPBELL MUNICIPAL CODE, FILE NO, TA 94-02,
After due consideratior~ of all evidence presented, the City Council of the City
of Campbell does find as follows:
The Planning Commission held a public hearing for consideration of the
Text Amendment on May 10, 1994.
The criteria for outdoor seating and displays ensure adequate pedestrian
walkways will be maintained.
Prohibiting commercial schools, offices, and service commercial uses on
the ground floor of parcels abutting Campbell Avenue east of Second
Street reinforces the area as the retail/restaurant core of the downtown
as recommended in the Downtown Development Plan.
Requiring buildings to be built to the back of sidewalk reinforces the
downtown as a pedestrian oriented area.
Reducing the time period to reestablish nonconforming uses to six
months encourages office and service commerdal' uses to locate outside
the retail/restaurant core of the downtown as recommended in the
Downtown Development Plan.
The criteria for beer and wine sales and live entertainment provide
sufficient oversight to protect the health, safety, and welfare of the area.
An Initial Study has been prepared as required by the California
Environmental Quality Act.
A Negative Declaration is appropriate as no significant environmental
impacts have been associated with this project.
Based upon the foregoing findings of fact, the City Council concludes that:
The proposed modifications are consistent with the City of Campbell
General Plan and Downtown Development Plan.
The proposed modifications will not be detrimental to the health, safety,
or welfare of the downtown neighborhood or the City as a whole.
No substantial evidence has been presented which shows that the project
as currently presented would have a significant adverse impact on the
environment.
The City Council of the City of Campbell does ordain as follows:
SECTION: That Chapter 21.26, pertaining to the Central Business District, of
the Campbell Municipal Code is hereby amended as set forth in Exhibit A
attached hereto. (Exhibit A = The Amendment)
City Council Ordinance No. 1902 Pa~e -2-
SECTION TWO: This Ordinance shall be become effective thirty (30) days
following its passage and adoption and shall be published, one time within
fifteen (15) days upon passage and adoption in the Campbell Express, a
newspaper of general .circulation in the City of Campbell, County of Santa
Clara.
PASSED AND ADOPTED this 21stday of June, 1994, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Conant, Ashworth, Burr, Dougherty, Watson
None
None
/J~aneCtf6'Watson, M~-yor
Anne Bybee, City Clerk
CHAPTER 21.26
CENTRAL BUSINESS DISTRICT
~ections:
21.26.010
21.26.020
21.26.030
21.26.040
21.26.050
21.26.060
21.26.070
21.26.080
21.26.090
21.26.100
21.26.110
Purpose.
Uses permitted without use permit.
Uses permitted with use permit.
Uses prohibited.
Required setbacks.
Building height.
Floor area ratio.
Automobile parking.
Development review regulations.
Signs.
Nonconforming buildings and uses.
21.26.010 Purpose.
The Central Business District Commercial zone is intended to be a
comprehensive zoning district for the downtown business area. The C3
District is specifically created to promote the following objectives in the
downtown area of Campbell:
2.
3.
4.
5.
7.
8.
9.
To retain and enhance the downtown as a unique retail environment.
To enhance the downtown as an economically viable retail and business
center serving primarily local and community commerdal needs.
To ensure the availability of adequate parking for retail and service
commercial customers and to encourage the joint utilization of parking.
To promote ground floor retail use and to promote a mix of uses
downtown.
To establish development intensities consistent with the scale of the
downtown area and the amount of parking which can be accommodated
within and adjacent to it.
To reinforce Campbell Ave. as a pedestrian orientated retail street.
To maintain the comfortable scale, character, and diversity of a small
town business district.
To preserve and enhance significant historic buildings within the
downtown.
To improve pedestrian, visual, and vehicular connections between
Chapter 21.26 - Central Business District Page -2-
downtown and adjacent areas.
10. To insure that new building and remodeling in the downtown is of high
architectural design quality.
11. To encourage architectural diversity in the downtown.
21.26.020 Uses permitted without use permit.
The following uses are permitted without a use permit provided such uses
comply with all provisions of this chapter and are conducted entirely within
an enclosed building unless otherwise aFFroved, allowed in ~iccordance with
this section and provided a use permitted is not required by Section 21.26.030.
.Art Ca!!ery
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11. Fabr:'c :tore
12. m,.,,.;,-.,- ,,,.
15. Hardware :tore
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23. Plant store
28. Travel agency
Chapter 21a26 -- Central Business District Pal~e -3-
Retail business, (excluding uses specified in section 21.26.030), such as
antique or collectable stores, clothing stores, department stores, dru~
stores, florist shops, gift shops, furniture stores, jewelry stores, and shoe
stores
A. Gift shops and florists may include products containing alcohol in
gift baskets, flower arrangements or other similar uses as approved
by the Community Development Director upon finding that the
sale of alcohol would be incidental to the primary activity on the
site.
B. Business permitted to sell alcohol in accordance with this section
must obtain the required licenses or permits from the State
Alcoholic Beverage Control Department. Uses meeting the
definition of liquor store as defined by Section 21.02.233 of the
Campbell Municipal Code shall not be considered as a florist or gift
shop.
Commercial schools and offices (including administrative, executive,
financial, real estate, general business, and professional offices), except
on the ground floor of parcels abutting E. Campbell Avenue east of
second street.
Service commercial establishments such as barber shops, beauty parlors,
clothes cleaning, photographic studio, shoe repair shops, tailors, and
travel agencies, except on the ground floor of parcels abutting E.
Campbell Avenue east of second street.
Outdoor seating and merchandise displays are permitted subject to
approval of an Outdoor Seating and Display Permit by the Community
Development Director. Approval is subject to the conditions below
together with other such conditions as may be deemed necessary by the
Community Development Director in order to protect the health, safety,
and welfare of the downtown or the City as a whole:
Application for an Outdoor Seating and Display Permit shall be filed
with the Community Development Director.
(1) The Community Development Director shall prescribe the
form of application and the data to be filed with the
application.
(2) A plan set, drawn to scale, depicting walkway dimensions, the
location of seating, tables, umbrellas, and merchandise displays
together with such other information and exhibits as required
Chapter 21~26 - Central Business District Pat~e -4-
by the Community Development Director shall accompany the
application.
A four (4) foot wide pedestrian walkway must be provided at all
times. This walkway must provide for pedestrian access to
doorways, crosswalks, and along the sidewalk. No part of the
walkway shall be within two feet of the building face or within one
foot of the face of curb, and the walkway shall not cross the path of
outward opening doors or windows.
(1) OUTDOOR SEATING
(a) Outdoor seating must be located directly in front of the
permit holders tenant space as set forth in the approved
plan set.
(a) No tables, seating or displays shall be placed within the
area of any handicap ramps, driveways, or doorways.
Co) No tables or seating shall be placed in the street, or on the
sidewalk within two feet of the face of curb.
(c) The canopies of umbrellas assodated with outdoor tables
must provide a minimum vertical clearance of seven feet,
unless the umbrella does not extend beyond the outside
edge of the table, and shall not extend past the curb.
(d) Tables, chairs, umbrellas, and other furniture associated
with the outdoor seating should be attractive, made of
durable materials and be maintained in a manner to
enhance the downtown area.
OUTDOOR DISPLAYS
(a) Outdoor merchandise displays must be placed against the
building face abutting the permit holders tenant space and
are limited to 50% of the business frontage.
Tenants on comer lots are permitted displays along one
frontage only.
(c) Merchandise shall be attractively displayed on appropriate
racks or other similar stands. Displays using cardtables,
cardboard cartons, plastic milk cases, plywood boxes are
not permitted. Merchandise too large to be placed on a
display may be freestanding.
(d) Displayed merchandise shall be the same type of
merchandise sold in the existing business at the site.
(e) Displays, including the merchandise placed on them may
not be more than four (4) feet high. The Community
Development Director may approve displays greater than
four (4) feet if it can be found that the display will not
block the visibility of windows of that business.
One sign, not to exceed one (1) square foot, per display is
Chapter 21~ - Central Business District Pa~e
F~
permitted for pridng. "A" framed signs and other types of
signage are not considered displays.
All tables, seats, and displays must be placed inside at the end of
each business .day.
Material placed on the sidewalk must be secured ~o as not to be
moved by the wind. However, tables, seats, or displays may not be
bolted into the ground or secured to the street lights, trees or other
street furniture.
The permit holder is responsible for picking-up all litter associated
with the outdoor seating or display and shall maintain the area in a
clean condition at all times.
The Permit holder shall indemnify, defend, and hold the City, its
agents, officers, attorneys, employees and officials harmless from
any and all claims, causes of action, injuries or damages arising out
of any negligent acts on part of the Permit holder, its agents, officers,
employees, or anyone rendering services on their behalf. This
indemnity shall include all reasonable costs and attorney's fees
incurred in defending any action covered by this provision
(1) The permit holder, during the continuance of this Permit, and
at no cost to the City shall maintain a comprehensive liability
policy in the amount of $1,000,000 and if applicable a workers
compensation liability policy each with a minimum coverage
of $100,000.
(2) Said policy shall include the City of Campbell as additional
insured and shall apply as primary insurance and shall
stipulate that no other insurance effected by the City of
Campbell will be called on to contribute to a loss.
(3) Prior to the issuance of a permit, the permit holder shall
furnish to the City a certificate of insurance, duly
authenticated, evidencing maintenance of the insurance
required under this Permit.
(4) If the insurance policy is canceled, terminated, suspended, or
materially changed, the Outdoor Seating and Display Permit
shall be suspended until such time as compliance with the
requirements of this section has been fully satisfied.
Restaurants (standard restaurant only as defined by Chapter 21.02.335
subsection 3 of Campbell Munidpal Code.)
A~
Beer and wine sales for on-site consumption only are permitted in
standard restaurants without a separate bar area.
(1). A separate bar area is defined as a separate area, tables, or a
room intended primarily for serving alcoholic beverages.
Chapter 21~26 - Central Business District Pal~ -6-
(2). Businesses permitted to sell alcohol in accordance with this
section must obtain the required licenses or permits from the
State Alcoholic Beverage Control Department.
Live entertainment, when clearly ancillary to the' restaurant
function, is permitted subject to the following restrictions:
(1) Permitted only in standard restaurants without a separate bar
area. A separate bar area is defined as a separate area, tables, or
a room intended primarily for serving alcoholic beverages.
(2). Maximum of four performers
(3). Hours of 9 a.m. to 11 p.m.
(4). Alcoholic beverage service restricted to type 41 or 47 ABC
license only, and at no time will off-site sales be allowed. Full
food service must be available during entertainment.
(5). Ambient noise levels must allow normal conversation, and
may not be audible more than 50 feet from the businesses
tenant space. However, in no case may noise from the live
entertainment disrupt neighboring businesses.
(6). No cover charge may be imposed.
(7). Areas for dancing and festival seating are not allowed.
(8). Restaurants that serve alcohol must establish a desiltnated
(9).
driver program. The program shall be approved by the Police
Department and shall include the following provisions:
a-- A program to train employees to identify patrons not able
to drive due to intoxication.
b. Offer a free ride home to any individual who is identified
as being unable to drive or who requests such
transportation and who has been served at the
establishment.
c_. Other conditions deemed necessary by the Police
Department or the Community Development
Department to protect the health, safety, and welfare, of
the neighborhood or the general welfare of the City.
Should the Police Department or Community Development
Department find that a business is in noncompliance with any
of the above conditions, live entertainment shall be prohibited
at the site until a live entertainment permit is issued by the
City Council subject to the requirements setforth by section
5.24.010 (a) et seq. of the Campbell Municipal Code.
Other uses which, in the opinion of the Community Development
Director, are consistent with the intent of the Central Business District (C-
3) Zone, and are of the same general character of the uses listed above.
Chapter 21.26 -- Central Business District Pal~e -7-
21.26.030 Uses permitted with use permit.
The uses listed below are permitted subject to approval of a conditional use
permit as prescribed in, Chapter 21.72 (Conditional Uses), provided that such
uses must be conducted wholly within an enclosed building unless otherwise
approved .*my "~'~
r" ......... _r-' i..- ...............
1. Those uses spedfied in Section 21.72.120, Additional Uses Permitted
2. Arcade (containing amusement devices and games)
3. Bank or similar financial institution
4-,3_n~c~ztcrc
= '~ Fast food restaurants
46_ Grocery Stores and Convenience Markets
;z,6_ Health spa or figure salon
&7_ Late night uses occurring between 11 p.m. and 6 a.m.
08_ Liquor establishments other than those establishments permitted to se]]
alcoholic beverages under section 21.26.020, including any business,
private dub, or other activity which offers for sale any product
containing alcohol for the consumption by humans, either on or off the
premises, and for which a license or permit is required by the State
Alcoholic Beverage Control Department. Businesses that serve alcohol
must establish a designated driver program. The program shah be
approved by the Po]ice Department and shall include:
A program to train employees to identify patrons not able to drive
due to intoxication.
b. Offer a free ride home to any individual who is identified as being
unable to drive or who requests such transportation and who has
been served at the establishment.
c. Other conditions deemed necessary by the Po]ice Department or the
Community Development Department to protect the health, safety.,
and welfare, of the neighborhood or the general we]fare of the City.
9-- Live entertainment, except as permitted under section 21.26.020.
10. Night dub or !irc
Residential condominiums or apartments (upper floors only)
14. Parking lot or structure
Chapter 21.26 - Central Business District Pat~e -8-
15. Second hand or thrift store (does not include antique or collectable stores
which are permitted under retail sales)
16. Theater
17. Uses conducted outside of buildings, except as permitted under section
21.26.020, are subject to the following:
A. The outside use shall not obstruct any public right-of-way
B. The outside use shall be limited to an area spedfically set forth in
the conditional use permit, and to the use set forth therein
C. The outside use shall be designed and maintained in a manner that
is aesthetically harmonious with the surrounding structures
D. The outside use shall be operated, designed and maintained in a
manner to prevent any obnoxious or offensive noises or odors from
being perceptible beyond the boundaries of the property.
18. Other uses similar to the above pursuant to Section 21.59.070.
21.26.040 Uses prohibited.
The
1.
2.
3.
4.
o
following uses are prohibited in the C3 District and its subdis~icts:
Storage of industrial vehicles, except for the purpose of loading and
unloading.
The storage or warehousing or merchandise of products in the building
or on the premises for sale other than at retail on the premises.
The outdoor storage of merchandise or products, unless otherwise
approved, in accordance with Section 21.26.020 or 21.26.030.
The assembly, compounding, manufacturing, or processing of
merchandise or products, except such as are customarily incidental or
essential to permitted retail commerdal and service uses.
Any use which is obnoxious or offensive or creates a nuisance to the
occupants or commercial visitors of adjacent buildings or premises by
reason of the emission of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbance.
Auto repair.
Commercial schools and offices, including administrative, executive,
financial, real estate, general business, and professional located on the
ground floor of parcels abutting E. Campbell Ave. east of Second St.
Service commercial establishments such as barber shops, beauty parlors,
clothes cleaning, photographic studio, shoe repair shops, tailors, travel
agencies, located on the ground floor of parcels abutting E. Campbell
Avenue east of second street.
21.26.050 Required setbacks.
None allowed in the C-3 zone, unless the City Council, upon
recommendation of the Planning Commission, finds that a setback would
Chapter 21.26 - Central Business District Pa~e -9-
better serve the public safety or welfare, and would not be detrimental to the
overall design of the area.
21.26.060 Building height.
The maximum height in the C3 district shall be 45 feet, except that with
approval of a conditional use permit, pursuant to Section 21.26.030, the
maximum height shall be 75 feet.
21.26.070 Floor area ratio.
The maximum floor area ratio (FAR) in the C3 district shall be 2.0 to 1., except
that with approval of a conditional use permit, pursuant to Section 21.26.030,
the maximum FAR shall be 4.0 to 1.
21.26.080 Automobile parking.
The provisions of Sections 21.50.010,21.50.030, 21.50.040, and 21.50.060 of
Chapter 21.50 (Parking & Loading) shall apply to the C3 district. However, the
following requirements shall apply in the C3 district in lieu of Sections
21.50.020 and 21.50.050:
Chapter 21.26 - Central Business District PaI~e -10-
e
Parking Zone 1 and Parking Zone 2 are created as indicated on Map 1
which is incorporated within this Chapter.
The requirements for Parking Zone 1 are as follows:
A. All new parking shall be provided in shared parking facilities,
unless the City Council, upon recommendation of the Planning
Commission, finds that another parking arrangement would better
serve the public safety or welfare, and would not be detrimental to
the overall parking and circulation in the area.
B. In computing the total parking requirement, credit shall be allowed
for existing on-site parking or for existing shared off-site parking if
an agreement, acceptable to the City, which provides for the use and
maintenance of such shared parking is in effect.
C. Legally existing '_'~e_° buildings shall be required to meet the
parking standards contained herein upon expansion of the buildin~
or when there is a change in use to a use which requires more
parking than is currently provided, unless the City Council, upon
recommendation of the Planning Commission, finds that the
existing parking will adequately meet the demands generated by the
change in use, and will not be detrimental to the overall parking
and drculation in the area.
(1). Notwithstanding the above, retail uses and standard
restaurants may occupy any existing building and shall not be
required to provide additional parking unless the buildin~ is
expanded.
(2) Existing parking associated with the building shall not be
reduced.
D. The required shared facility parking ratios, based on gross square
footage of a building, unless otherwise indicated, are as follow
(parking spaces/square foo0:
Retail
Office
Standard Restaurant
Bank
Residential
Service Commercial
1:345 sq. ft. (gross)
1:425 sq. ft. (gross)
1 space per 4 seats
1:200 sq.ft. (gross)
2 per unit
1:345 sq. ft. (gross)
The requirements for Parking Zone 2 are as follows:
Ao
Participation in public, shared parking fadlities shall be permitted
only after all Parking Zone 1 uses have been accommodated, subject
to availability of adequate sites for parking development.
Chapte~ 2176 - Central Business District Pal~e -11-
Be
Do
21.26.090
Parking requirements may be reduced by the City Coundl for mixed
use projects, to the extent justified, when:
(1).Adequate shared parking is provided to compensate for the
lack of parking designated for the business; and
(2). An agreement acceptable to the City, which provides for use
and maintenance of the shared parking is entered into.
(3). Any adjustment made pursuant to this provision shall not
reduce the parking requirements of Zone 2 beyond the parking
requirements for Zone 1.
Legally existing ::'::: buildings shall be required to meet the :-.~w
parking standards contained herein upon expansion of the building
or when there is a change in use to one which requires more
parking than is currently provided, unless the City Council, upon
recommendation of the Planning Commission, finds that the
existing parking will adequately meet the demands generated by the
change in use, and will not be detrimental to the overall parking
and drculation in the area.
(1). Notwithstanding the above, retail uses and standard
restaurants may occupy any existing building and shall not be
required to provide additional parking unless the building is
expanded.
(2) Existing parking associated with the building shall not be
reduced.
The required parking ratios based on gross square footage of a
building, unless otherwise indicated, are as follows (parking
spaces/square foot):
Retail
Office
Standard Restaurant
Bank
Residential
Service Commercial
1:300 sq. ft. (gross)
1:385 sq. ft. (gross)
1 space per 3 seats
1:200 sq. ft. (gross)
2 per unit
1:300 sq. ft. (gross)
Development review regulations.
Chapter 21.26 - Central Business District Pal~e -12-
C -'"'.
3, Dec;.gv. ctav. dard:. Site and Architectural Review
Downtown Campbell possesses a wealth of small scale commercial
buildings that are architecturally exemplary of the variety of historic
periods in which they were constructed. These design standards are
intended to both promote the conservation and rehabilitation of
buildings and to encourage new building and remodeling which is
simultaneously in keeping with existing buildings and architecturally
exemplary of contemporary design. In this way the architectural history
and richness of downtown will be continued and expanded.
Each new building and remodeling project in the downtown shall
adhere both in its large and small scale parts to the architectural parts or
style adopted for the project. Architectural design shall be of high
quality, measured against contemporary standards.
The followings sections (A) Building mass, (B) Building form and
composition, (C) Storefronts, (D) Materials, colors and finishes, and (E)
Other elements, are guidelines encouraging the relation of specific
project aspects to the designated architectural parts or style.
Buildings and structures in the C3 District shall conform to the following
design standards and are subject to approval in accordance with the
Chapter 21~.6 - Central Business District Pa~ -13-
provisions of the Chapter 21.42 Site and Architectural Review Area:
Ao
Building mass.
(1). Large building facades greater than 40 feet in length shall be
divided into smaller elements 20 to 30 feet long, to
complement the intimate scale created by the existing small
property divisions.
(2).. Second floor decks or terraces at the rear of buildings for use by
adjacent offices or restaurants should be incorporated
whenever practical to add a sense of vitality to the rear
building facades.
(3). Roof design shall be consistent with the building's architectural
style. Mansard, shed, or residential type roofs are prohibited
unless it is demonstrated that such a roof style is structurally or
architecturally suitable for the particular project or location.
(4). The existing residential building types of historical significance
should retain their character, including features such as
landscaped setbacks.
Building form and composition.
(1).Unique and historic building elements such as parapet details
and belt courses shall be retained and restored.
(2).Traditional commercial building forms should be incorporated
whenever practical.
(3).Open air dining areas facing Campbell Ave. should be
employed to the greatest extent practical. The buildings should
not be set back from the street, but should contain the dining
areas within their architectural framework.
(4). Upper stories in multi-story buildings are required to have
solid surfaces with vertical rectangular windows, augmented
with frames. Glass curtain walls should not be approved
unless it is demonstrated that such walls are the only
structurally or architecturally suitable form of wall for the
particular project or location.
(5). Architecturally exemplary design of high quality shall be
employed. Buildings should not be made to look "old time"
unless such design would be dearly more appropriate and
harmonious with the purposes of this Chapter.
(6). Buildings shall incorporate base, cornice, and other elements
appropriate to their architectural style.
C
Storefronts.
(1). First floor frontages shall have an integrated design including
display windows, an entry and signing.
Chapter 21a26 - Central Business District Pat~;e -14-
De
(2). The design of the building storefront shall be consistent with
the building's architectural style.
(3). Walls facing pedestrian ways should have elements of visual
interest, .such as fenestration, displays, signing or landscaping,
unless the effect of such elements would be clearly contrary to
the purposes of this Chapter. Large areas of blank walls should
not be permitted unless it is demonstrated that such blank
areas are clearly more appropriate and harmonious with the
purposes of this Chapter than would be the case if elements of
visual interest were incorporated.
(4). Buildings facing Campbell Ave. shall have their primary
entries along that street.
(5). Entries should be recessed, as they add depth to storefront, and
act as transition areas between the street and shop interiors,
unless the effects of such entries would be clearly contrary to
the purposes of this Chapter.
(6). Doors and windows shall be of clear glass. Unglazed wood
doors, screen doors and doors or windows of heavily tinted or
reflective glass should not be approved unless it is
demonstrated that such doors and windows are the only
structurally or architecturally suitable form for the particular
project or location.
(7). Storefront windows shall reflect the building's character. For
instance, on 1940's and 50's "showcase" buildings exposed
aluminum frame windows are appropriate.
(8). Ground floor offices facing Campbell Ave. are required to
maintain the same storefront character as retail spaces.
(9). Awnings on building facades should be employed when
appropriate, as they add color, weather protection and
opportunities for signing. As in other architectural elements,
the awnings should be designed to reflect the building's
geometry.
Materials, colors and finishes.
(1). Primary facade materials shall be
limited to those which are
characteristic of the building's architectural style.
(2). Exterior wall finishes shall be smooth and of finished quality,
not delibcrately rough in an attempt to look antiqued or used.
(3). Primary building colors shall be characteristic of the building's
architectural style. Overly bright, garish, or otherwise offensive
colors or color combinations are prohibited.
(4). Accent materials such as tile bases shall be carefully chosen to
complement the building style and coordinate with adjacent
buildings. The use of shingles, lava rock, sheet metal siding or
Chapter 21P.6 - Central Business District Pata;e -15-
Eo
any other residential or industrial materials should not be
approved unless it is demonstrated that such material would
be the only structurally~or architecturally suitable materials for
the project or location.
(5). Painted tl'im shall coordinate with primary facade colors to add
more depth and interest to the buildings.
(6). A coordinated color scheme which responds to the style of the
structure shall be developed for each building. The colors of
signing, awnings, planters, accent materials and primary facade
colors should all be considered. The number of colors should
be limited.
Other elements.
(1). Trash collection and storage areas shall be carefully screened.
(2). Mechanical equipment shall be screened from view. Exhaust
louvers shall not be located in the storefront areas.
(3). Colorfully landscaped planters are allowed. These are
espedally appropriate below second floor windows.
(4). All building maintenance shall be done conscientiously.
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Chapter 21~26 - Central Business District Pal~e -16-
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Chapter 2196 - Central Business District Pa~e -17-
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Chapter 212-6 - Central Business District Pa~,e -19-
14.
Chapter 2126 - Central Business District Pa[~? -20-
21.26.100 Signs.
Signs may be erected in accordance with the provisions of Chapter 21.53
(Signs), except that the .following standards shall supersede those listed under
Section 21.53.090:
1. Intent:
The intent of these regulations is to stimulate creative, good quality
signing which will complement the intimate scale and architectural
character of the area, and which will complement the architectural style
of the building to which the signing is fixed.
Allowable signs:
Each business shall be allowed one square foot of sign area for each one
linear foot of business frontage. A minimum of 20 square feet is allowed
and a maximum of 40 square feet allowed for each business.
Sign materials:,
Appropriate sign materials include enameled metal,
painted wood, cast metal, painted fabric and similar materials. Plastic
signs should not be approved unless it is demonstrated that the use of
such plastic signs at the proposed location would be more harmonious
with the purpose of this Chapter than the foregoing enumerated
materials.
Wall signs:
Each business may have one wall sign, except comer businesses which
may have two. This sign shall be located below the top of parapet on
single story buildings and below the second floor sill on multi-storied
buildings. It may be painted directly on a wall, a sign panel attached to a
parapet wall, or of individually formed letters attached to a wall.
Awnings:
Awnings may be used in lieu of wall signs. An insignia or name may be
painted, silk screened or appliqued onto the awning. Awnings may
project 5 feet into the public right-of-way on Campbell Ave. and must
maintain a minimum clearance of 8 feet from the ground. All other
streets shall be limited to a 2-foot projection and have a minimum
clearance of 8 feet. Awnings must be securely attached to building and
well maintained. No supports or poles may be located in the public right-
of-way. Awning forms must be carefully chosen to complement the
architectural style of the building to which they are fixed.
Chapter 21.26 - Central Business District Pa~e -21-
e
Pro!ecting si_em:
In addition to a wall sign or awning sign, a business is permitted
one, non-illuminated, double-sided projecting sign. The projecting
sign may be a maximum of six (6) square feet and may serve to
identify more than one tenant in the building.
Signs may project a maximum of 4 feet over the public right-of-way
with a minimum 8 foot clearance from the ground. Signs shall not
project above any roof line or facade of the building.
Projecting signs shaped as symbols depicting the goods or services
being sold by the business are encouraged.
d_ Wood signs, that are carved, painted, stained, or feature raised
letters and symbols are specifically encouraged.
Sign colors should relate to material or paint scheme of the
building. Fluorescent colors are not allowed.
Internally or externally illuminated signs are not permitted, nor are
can si_m~s, metal si_fn~s, neon si_~rts, or flashin_~ signs.
Projecting signs shall be mounted perpendicular to the street and
may be hung from coverings over sidewalks or affixed to the
building wall.
(1) Signs shall be structurally attached to the building with wood,
metal brackets, chain or other similar materials in a manner
,Chapter 21.26 - Central Business District Pa~e -22-
(2)
compatible with the architectural style of the building.
Fabric signs must be anchored to the building from both the
top and bottom of the sign.
Lighting:
Only external illumination of signs
individual letter signs.
is allowed except for .".~_-'.". ~r
21.26.110 Nonconforming buildings and uses.
Nonconforming buildings and uses shall be governed by the standards
set forth in Chapter 21.64 (Nonconforming Buildings).
Nonconforming uses shall be governed by the standards set forth in
Chapter 21.66 (Nonconforming Uses) except that whenever a
nonconforming use has been abandoned or discontinued for a
continuous period of six months, the nonconforming use shall not be
reestablished; and, the use of the structure and the site thereafter shall
comply with the regulations for the C-3 District.
Community Development Director Piasecki - Staff Report dated June 7, 1994.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson declared the public hearinE
closed.
M/S: Conant/Burr - to adopt Resolution 8670 mending the previous Conditions
of Approval allowing the applicant until December 31, 1994 to complete the
landscaping in accordance with the approved landscape plan and to install an
awning on the building in accordance with the approved elevations. Motion adopted
by the following roll call vote:
AYES: Councilmembers: Conant, Ashworth, Burr, Dougherty, Watson
NOES: Counciimembers: None
11.
City-initiated Text Amendment to Chapter 21.26 of Municipal Code - Central
Business District (Introduce Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider a City-initiated
amendment to Chapter 21.26 of the Campbell Municipal Code regarding the Central
Business District.
Community Development Director Piasecki - Staff Report dated June 7, 1994.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson declared the public hearing
closed.
M/S: Conant/Ashworth - that the City Council grant a Negative Declaration for TA
94-02, and introduce Ordinance 1902 amending Chapter 21.26 (Central Business
District) of the Campbell Municipal Code (TA 94-02) for first reading. Motion
adopted by the following roll call vote:
AYES: Councilmembers: Conant, Ashworth, Burr, Doughert ,, Watson
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 1902.
6/7/94 City Council Minutes -4-
M/S: Burr/Conant - that further reading of Ordinance 1902 be waived. Motion
adopted unanimously.
12.
City-initiated Amendment to Chapter $.24 of Municipal Code re: 1Ave Entertainment
(Introduce Ordinance/Roll Call Vote)
This is the time and place for a public hearing to consider a City-initiated
amendment to Chapter 5.24 of the Campbell Municipal code re: Live Entertainment.
Community Development Director Piasecki - Staff Report dated June 7, 1994.
Mayor Watson declared the public hearing open and asked if anyone in the audience
wished to be heard.
There being no one wishing to speak, Mayor Watson declared the public hearing
closed.
M/S: Conant/Ashworth - to introduce Ordinance 1903 amending Chapter 5.24 (Live
Entertainment) of the Campbell Municipal Code, File No. TA 9403, for first
reading. Motion adopted by the following roll call vote:
AYES: Councilmembers: Conant, Ashworth, Burr, Dougherty, Watson
NOES: Councilmembers: None
The City Clerk read the title of Ordinance 1903.
M/S: Dougherty/Burr - that further reading of Ordinance 1903 be waived. Motion
adopted unanimously.
IINFINISHED BUSINESS
b~EW BUSINESS
13.
Water Tower Property - Accept Property Transfer Agreement and Work Plan
(Resolution/Roll Call Vote)
Administrative Analyst Fialho - Staff Report dated June 7, 1994.
M/S: Conant/Ashworth - to adopt Resolution 8671 authorizing the transfer of
ownership of the Water Tower Property from San Jose Water Company to the City
of Campbell and authorizing the Mayor to execute the agreement, and to approve
the workplan outlining the development of the Water Tower Property into · public
park. Motion adopted by the following roll call vote:
6/7/94 City Council Minutes -5-
oty
Council
Report
ITEM NO.:
CATEGORY:
MEETING DATE:
Public Hearings
June 7, 1994
TITLE
City-Initiated Text Amendment to Chapter 21.26 of Municipal Code.
Business District (Introduce Ordinance/Roll Call Vote)
Central
RECOMMENDATION
The Planning Commission recommends that the City Council take the following
actions:
Grant a Negative Declaration for TA 94-02
Take the first reading on an ordinance approving TA 94-02.
BACKGROUND
Ao
Revising the C-3 (Central Business District) ordinance was authorized by the
City Council at its meeting of May 18, 1993, as part of the Redevelopment
Department's Downtown Development Plan Phase II Implementation Work
Program.
The proposed revisions are intended to streamline the permitting process
for businesses in the downtown. The proposed revisions focus specifically
on creating an environment conducive for retail and restaurant uses
conducting business downtown.
The proposed zoning code modifications encompass the following
elements:
Permit Streamlining
Permitted Uses and Non-Conforming Uses
Signage
Setbacks
The modifications are summarized below. Additional detail on the
modifications are available in the Planning Commission Staff Report of May
10, 1994, which is attached.
Permit Streamlining
Ao
To streamline the approval process, staff proposes to eliminate the
requirement for ratification of use permits by the City Council. Use permits
in the C-3 zone are currently approved by the Planning Commission and
City Council Report - TA 94-02
Page -2-
June ?, 1~94
referred to the City Council for ratification. The C-3 zone is the only area of
the City that requires Council ratification of use permits.
Bo
Staff is proposing a procedure that would allow requests for outdoor seating
and displays to be approved by staff at no cost to the applicant. Approval
would be subject to criteria contained in the proposed ordinance. Outdoor
seating and displays currently require a use permit which costs $1,495 and
takes approximately three months to process.
In conjunction with the Police Department, criteria has been established
that would allow beer and wine for on-site consumption and limited live
entertainment without a use permit.
(1). Existing policy requires restaurants to obtain a use permit into order to
sell beer and wine with food. The use permit process is time
consuming and expensive. The Police Department does not receive a
significant number of complaints from restaurants selling beer and
wine with food.
(2) Obtaining a live entertainment permit can be quite cumbersome with a
use permit requirement, as well as additional processing through the
Police Department. The Police Department process can take over nine
months to complete. While this process is appropriate for nightclubs,
this amount of oversight is not necessary for restaurants that may want
to have music, such as someone playing a guitar or flute.
To simplify the approval process for new businesses, staff is proposing to
eliminate the Downtown Development Permit (DDP). Currently, any change
in use in the downtown requires a DDP which must be approved by the
Planning Commission and City Council.
(1) For example, if a retail business wants to occupy a space previously
used by an office a DDP would be required. No other zoning district has
a similar process.
(2) Staff believes the C-3 Ordinance provides sufficient review of new
businesses. The extra oversight provided by the DDP is not necessary
and serves as a disincentive to new businesses that want to locate
downtown.
Eo
To make it more desirable to establish new restaurants and retail uses in the
downtown, staff is to proposing that these uses be permitted to occupy
existing buildings without providing additional parking.
(1) Many existing buildings either have no on-site parking or have limited
opportunities to provide additional parking.
(2) Businesses intensifying a tenant space from a parking standpoint have
two options, either provide the parking, or through the use permit
process request that the parking requirement be waived or reduced.
City Council Report - TA 94-02
Pa~;e -3-
June ?, 1994
Currently the City does not have a consistent policy regarding the
parking issue.
As part of the Downtown Development Plan Phase II Implementation
Work Program, staff is reviewing parking in the downtown. Staff's
findings will be presented in the next couple of months.
Permitted Uses/Non-Conforming Uses
Ao
Under this proposal, beauty parlors, commercial schools, o~ces and service
commercial businesses such as, travel agencies, and photography studios
would be prohibited on the ground floor of parcels abutting Campbell Ave.
east of 2nd street. The intent is to enhance the retail and restaurant
environment on Campbell Ave. east of 2nd street as discussed in the
Downtown Development Plan.
Staff is proposing to simplify the C-3 ordinance by revising the section
regarding uses permitted without a use permit. Instead of listing uses
individually, uses would be categorized according to retail, commercial
schools and offices, service commercial, restaurants, outdoor seating and
displays, and other uses. In addition, the Community Development Director
would have authority to approve uses consistent with the intent of the C-3
ordinance.
Co
Staff is recommending that the period to re-establish a non-conforming use
be reduced to six months. Currently, whenever a non-conforming use has
been discontinued for one year the use may not be re-established. The
Downtown Steering Committee requested that the one period to re-establish
a non-conforming use be reduced.
Slgnage
Ao
To assist businesses, staff is proposing to allow each business to have a six
(6) square foot projecting sign in addition to their primary wall sign.
Currently, businesses in the downtown are permitted a wall sign or a
projecting sign to advertise their business. As requested by the Downtown
Steering Committee, staff has developed criteria for reviewing projecting
signs.
To eliminate a redundancy between the Sign ordinance and the C-3
ordinance, staff is proposing to eliminate the section of C-3 ordinance
regarding window graphics. Window graphics in the downtown would
follow the requirements in the sign ordinance.
Setbacks
A. To provide a consistent pedestrian atmosphere throughout the downtown,
City Council Report - TA 94-02
Pai~e -4-
June 7,1994
staff is recommending that new buildings in the downtown be built to the
back of the sidewalk.
This requirement already exists for buildings along Campbell Avenue. Staff is
proposing that this requirement be expanded to Civic Center Drive, Orchard
City Drive, and the side streets, in the downtown.
DOWNTOWN STEERING COMMITT~.F.
Ao
The proposed zoning revisions were reviewed by the Downtown Steering
Committee at its meeting of February 9, 1994. Mayor Watson and
Councilmember Conant are the Council's representatives to the Steering
Committee.
Bo
The Committee was supportive of the proposed revisions subject to staff
developing criteria for projecting signs and reducing the period to re-
establish non-conforming uses. The modifications requested by the
Committee have been incorporated into the proposed modifications.
PLANNING COMMISSION
The proposed modifications were heard at the Planning Commission meeting of
May 10, 1994. The Commission recommended that the City Council grant a
negative declaration and approve the proposed ordinance modifications.
~xLTERNATIVES
1. Deny the Text Amendment - The C-3 ordinance would not be changed.
2. Direct s~ff to modify the Text Amendment -- If the Council is concerned
with specific aspects- of the proposed amendments, Council can continue
the application and direct staff to address specific issues of concern.
A1;l~achmcnts:
1.
2.
3.
4.
5.
Prepared by: ~ ~
Submitted by: ~ /~ / ~/~
~t~ ~. Pi~, AICP
D~ector of Pla~g
Proposed ordinance modifying the C-3 Ordinance
Planning Commission Resolution (without exhibit A)
Staff Report of May 10, 1994 (without attachments)
Excerpt of minutes from the Planning Commission meeting of May 10, 1994
Environmental Checklist and Discussion of Environmental Effects
Approved by:
Mark Ochenduszko
City Manager
Planning Commission Minutes of May 10, 1994 Page 4
MOTION:
On motion of Commissioner Kine, seconded by Commissioner
Lindstrom, the Planning Commission moved to close the
Public Hearing. (5-0-2; Meyer-Kennedy & Lowe absent)
MOTION:
On motion of Commissioner Lindstrom, seconded by
Commissioner Higgins the Planning Commission adopts
Resolution No. 2916 approving the reinstatement and
modification (subject to amendment of Conditions 1, 3, 10, &
19) of a previously-approved Use Permit to allow the
establishment of Oil Changers at 1820 S. Bascom Avenue by the
following roll-call vote:
AYES:
NOES:
ABSENT:
Alne, Higgins, Kearns, Lindstrom, Perrine
None
Lowe, Meyer-Kennedy
Commissioner Alne expressed his belief that the concerns of the residents,
which were raised in two letters distributed at the meeting, are addressed by
the Conditions of Approval.
This matter is final unless appealed within 10 days.
Chairperson Perrine read Item No. 2 into the record.
2. TA 94-O2
Public Hearing to consider the City-initiated application
for approval of a Text Amendment to Chapter 21.26 of the
Campbell Municipal Code pertaining to outdoor displays
and seating; on-site beer and wine consumption and live
entertainment in restaurants; the parking requirements
for existing buildings; projecting signs; the requirement
for a Downtown Development Permit; and the type of
uses permitted with and without a Use Permit.
Mr. Curtis Banks, Planner II, presented the staff report noting the following:
· The revisions to Chapter 21.26 were authorized by the City Council in
May 1993. The revisions are intended to streamline the permitting
process for business in the downtown.
Planning Commission Minutes of May 10, 1994 Page 5
Use Permits
Current Process:
Proposed:
Requires review by the Planning Commission and
ratification by the City Council. This process costs the
applicant $1,495 in fees and takes approximately 3
months.
Staff proposes the elimination of the ratification of
Use Permits by the City Council. The C-3 Zoning
District is the only one for which Use Permits must
be ratified by the City Council.
Outdoor Seating
Current Process:
Proposed:
Outdoor seating currently requires a Use Permit at a
cost of $1,495 to the applicant and approximately 3
months to process.
Outdoor seating and displays would be approved by
staff subject to the criteria contained in the ordinance.
There would be no cost to the applicant
Beer and Wine (restaurants only)
Current Process: Requires a Use
Proposed:
Permit through the Planning
Commission with ratification by the City Council.
Cost is $1,495 and takes approximately 3 months.
Allow as a matter of right for restaurants in the C-3
district subject to criteria contained in ordinance.
Live Entertainment
Current Process: Requires
Proposed:
Use Permit processing and a live
entertainment permit which is processed by the
Police Department and approval by the City Council.
Amendments outline criteria, developed by the
Police Department, to allow staff to approve limited
entertainment at downtown restaurants.
Parking
Current Process:
Intensification of a tenant space requires
additional parking. Many existing buildings
have little or no opportunity to provide
additional parking.
Businesses required to provide additional
parking can either provide the parking or
request a waiver through the Use Permit
process.
Planning Commission Minutes of May 10, 1994 Page 6
Proposed:
The City does not have a consistent policy
regarding parking waivers.
To make the downtown desirable to establish new
retail and restaurant uses, staff proposes that these
uses be allowed to occupy existing buildings without
providing additional parking.
Downtown Development Permit (DDP)
Current Process: New uses in the downtown area require a DDP.
Proposed:
This
is currently required only in the C-3 (Downtown).
Staff believes the DDP is no longer needed, the C-3
ordinance provides sufficient review of new uses.
DDP must be approved by the Planning Commission
and City Council which takes approximately 3
months.
Eliminate the Downtown Development Permit.
Other Uses
Current Process:
Proposed:
If a use is not called out as permitted in the
Ordinance, the Planning Commission must make
the determination as to whether a use is compatible
and allowable in the downtown.
To streamline the process, the Community
Development Director would have the authority to
approve uses consistent with the intent of the C-3
ordinance. This is consistent with the authority
Directors have in other titles.
Allowable Uses
Current Process:
Proposed:
Includes beauty parlors, service businesses (such as
photography studios and travel agencies) are
currently permitted uses on the ground floor of
parcels abutting E. Campbell Avenue (east of Second
Street). Offices and commerdal schools require a use
permit.
Limit beauty parlors, offices, commercial schools and
service business to second story locations on
Campbell Avenue (east of Second Street) or to any
first-story parcels without frontage on Campbell
Ave. Intent is to enhance the retail and restaurant
environment of the downtown.
Planning Commission Minutes of May 10, 1994 Page 7
Non-Conforming Uses
Existing: Currently, whenever a non-conforming use has been
discontinued for one year, the use may not be re-
established.
Proposed: Staff recommends to reducing the time period
allowing the re-establishment of any non-
conforming use in the downtown to six months.
The reduced period was recommended by the
Downtown Steering Committee.
Projecting Signs
Current Process:
Businesses are allowed one wall sign or one
projecting sign.
Proposed:
To assist downtown businesses in identifying their
businesses, staff proposes allowing a 6 square foot
projecting sign in addition to their primary wall sign.
A-frames continue to be illegal.
Setbacks:
Any new buildings in the downtown are to be built
to the back of the sidewalk. This requirement already
exists on Campbell Ave. Staff is proposing that this
requirement be expanded to Civic Center Drive,
Orchard City Drive, and the side streets.
Revisions/Technical Modifications are proposed as follows:
Item No. 4 - add language:" .... in order to protect the health, safety
and welfare of the downtown or the City as a whole," at the end of
the first paragraph.
Item No. 4 (G): eliminate this subsection as the City Attorney has
determined that it conflicts with State law.
o
Item No. 7: delete this section as it is covered under the Sign
Ordinance which allows more than the C-3 Ordinance.
The Downtown Steering Committee Reviewed the proposed
modifications in February 1994. The Committee was supportive of the
proposed amendments subject to staff developing criteria for projecting
signs and redudng the period to re-establish non-conforming uses. The
Planning Commission Minutes of May 10, 1994 Page 8
modifications regarding outdoor seating and displays, projecting signs
and setbacks was reviewed by the Site and Architectural Review
Committee. The Committee recommended approval of the proposed
modifications.
Commissioner Alne requested clarification on what constitutes a "designer"
as required within the ordinance as it pertains to the preparation of signs.
Chairman Perrine inquired how live entertainment could be allowed in the
downtown more easily than in the rest of the City?
Mr. Curtis Banks replied that the C-3 Zoning which is being modified at this
time pertains only to the downtown area. Only the downtown area will have
the expedited process for live entertainment.
Mr. Steve Piasecki added that this expedited process was believed to be a good
plan for the downtown and, if it works out as well as anticipated, it may be
implemented for the remainder of the City of Campbell. He also stressed that
this pertained only to restricted live entertainment and was not intended for
night club use.
Commissioner Alne inquired whether there was any clear statement
regarding A-frame signs in the C-3 Ordinance.
Mr. Curtis Banks replied that under Section 4(B-2-f - see page 4 of Ordinance),
A-flames are stated to be prohibited. A-frame signs are prohibited City-wide
with no exceptions.
Commissioner Alne inquired whether outdoor displays would be approved
at staff level.
Mr. Curtis Banks replied that Mr. Alne was correct.
The Site and Architectural Review Committee was supportive of the
amendments to the C-3-S Zoning Ordinance.
Public Hearing re Item No. 2
Mr. Bob Sneed, 241 Victor Avenue.
· Asked for clarification as to what constituted the C-3 District.
Mr. Curtis Banks clarified boundaries of C-3 District.
Planning Commission Minutes o£ May 10, 1994
Page 9
Mr. Rich Citano, 400 E. Campbell Avenue.
· Inquired why under materials allowable for projecting signs in the
downtown area, the use of plastic fabric/material is not permitted when
it is more durable than canvas?
Mr. Curtis Banks replied that plastic does not last, tears and friys and appears
temporary.
Mr. Rich Citano reiterated his belief that plastic fabric is more durable than
canvas.
Commissioner Alne inquired what plastic fabric included? Nylon?
Expressed his disagreement with the restriction of the use of plastic fabric.
Mr. Curtis Banks clarified that signs were to be made of a lasting material.
Canvass is more attractive and appropriate for a permanent sign.
Mr. Steve Piasecki reiterated that the restriction is simply for aesthetic
purposes but promised that the definition of allowable sign materials would
be clarified.
Commissioner Lindstrom asked whether the City Council could allow a
variance on signage in the downtown.
Mr. Curtis Banks replied that the variance would come through the Planning
Commission before going to City Council.
Commissioner Kearns asked what controls would be in place to oversee the
beer and wine uses for businesses in the downtown and what restrictions
and/or limitations would be in place for live entertainment.
Mr. Curtis Banks replied that there are provisions for noise. Live
entertainment is limited to four performers (specified in Ordinance). The
Police Department is satisfied that the established criteria for beer and wine
and live entertainment deal with potential problems. Currently, the Police
field few problems at restaUrants serving beer and wine.
Ms. Jeanne Knight, 395 E. Campbell Avenue.
· Asked that A-frame signs be reconsidered. Stated that she has never
seen anyone walking or running into an A-frame sign and saw more of a
Planning Commission Minutes of May 10, 1994 Page 10
problem with youth skating and/or riding their bikes through
downtown sidewalks.
Believes that display tables will cause more hazard than A-frame signs.
Questioned whether some sort of notation could be included on business
license applications to offer the option of A-frame signs versus the use of
outdoor displays.
Mr. Curtis Banks replied that since A-frames are prohibited under the Sign
Ordinance, the City Council would have to change the Sign Ordinance.
Chairman Perrine stated that the Council has very strong views against A-
frame signs.
Mr. Steve Piasecki offered to forward the re-addressed concerns regarding A-
frame signs to the Council.
Commissioner Higgins sought clarification that a four foot pedestrian
walkway would be required on the sidewalks when outdoor displays are set
out.
Mr. Curtis Banks replied that she was correct.
Chairman Perrine ask Mr. Citano whether the Downtown Association had
strong concerns regarding the restriction in the use of plastic fabric for
projecting signs.
Mr. Citano replied that it would impact some existing signs.
Mr. Curtis Banks replied that the amendments would not impact existing
signs or temporary banners as allowed under the Sign Ordinance (120 days per
year of temporary signage allowed per each business).
Mr. Citano mentioned that neon signs were to be prohibited in the future and
yet that fact is not dear in the amended ordinance.
Mr. Curtis Banks replied that he was correct and that neon signs would be
removed from the ordinance.
Commissioner Alne expressed his wish to see the elimination of page 21
(item G); item 6-G, item 7, item 9 and the additional wording of item 4.
Upon further discussion by the City Attorney, William Seligmann,
Planning Commission Minutes of May 10, 1994 Page 11
Commissioner Alne was convinced of the need for the wording on item 4
and agreed to leave it in the ordinance.
MOTION:
On motion of Commissioner Higgins seconded by
Commissioner Kearns, the Planning Commission moved to
close the Public Hearing. (5--0-2)
MOTION:
On motion of Commissioner Lowe, seconded by
Commissioner Higgins the Planning Commission
recommends that the City Council grant a Negative
Declaration and of the Campbell Municipal Code and adopted
Resolution No. 2917 recommending that the City Council
approve the text amendments to Section 21.26 of the Campbell
Municipal Code (deleting Sections 6G, 7 and 9 and clarification
language for Section 4), by the following roll-call vote:
AYES:
NOES:
ABSENT:
Alne, Higgins, Kearns, Lindstrom, Perrine
None
Lowe, Meyer-Kennedy
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director,
was accepted with the following highlights:
· Greenbriar Update: A memo of understanding has been signed by the
City Council and there is activity on site.
· William Wilson & Associates has taken ownership of the Pruneyard.
· Historic Preservation Board Tea will take place on Wednesday, May 11,
1994, from 4 to 6 p.m., in the Orchard City Green (open space area
between City Hall and the Library).
ADJOURNMENT
The Planning Commission meeting adjourned at 9:00 p.m., to the next
Planning Commission meeting of May 24, 1994, at 7:30 p.m., in the Council
Chambers, City Hall, 70 North First Street, Campbell, California.
TEXT AMENDMENT
RESOLUTION 2917
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL, RECOMMENDING
APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL
MUNICIPAL CODE, AMENDING CHAPTER 21.26 (CENTRAL
BUSINESS DISTRICT). CITY-INITIATED APPLICATION.
PLANNING FILE NO. TA 94-02.
After notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after
presentation by the City Attorney, proponents and opponents, the hearing
was dosed.
After due consideration of all evidence presented, and based upon the
following findings, the Commission did determine that there was a
significant need to amend Chapter 21.26. of the Campbell Municipal Code.
The criteria for outdoor seating and displays ensure adequate pedestrian
walkways will be maintained.
Prohibiting commercial schools, offices and service commercial uses on
the ground floor of parcels abutting Campbell Avenue, east of Second
Street, reinforces the area as the retail/restaurant core of the downtown
as recommended in the Downtown Development Plan.
o
Requiring buildings to be build to the back of sidewalk reinforces the
downtown as a pedestrian-oriented area.
Reducing the time period to re-establish non-conforming uses to six
months encourages office and service commercial uses to locate outside
the retail/restaurant core of the downtown as recommended in the
Downtown Development Plan.
The criteria for beer and wine sales and live entertainment provide
sufficient oversight to protect the health, safety and welfare of the area.
An Initial Study has been prepared as required by the California
Environmental Quality Act.
A Negative Declaration is appropriate as no significant environmental
impacts have been associated with this project.
Resolution No. 2917
TA 94-02 -- Campbell Municipal Code Section 21.26 (Central Business District)
Adopted on May 10, 1994
Page 2
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
The proposed modifications are consistent with the City of Campbell's
General Plan and Downtown Development Plan.
The proposed modifications will not be detrimental to the health, safety
or welfare of the downtown neighborhood or the City as a whole.
No substantial evidence has been presented which shows that the
project, as currently presented, would have a significant adverse impact
on the environment.
The Planning Commission does hereby recommend that the City Council
adopt the attached Ordinance (Exhibit A) enacting the necessary legislation to
make the proposed Text Amendment effective.
PASSED AND ADOPTED this 10th day of May, 1994, by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
/kine, Kearns, Lindstrom, Perrine
None
Lowe, Meyer-Kennedy
ATTEST:
APPROVED:
Steve Piasecki, Secretary
Jay Perrine, Chairperson
Item No. 2
STAFF REPORT -- PLANNING COMMISSION MEETING
OF MAY 10, 1994
City-Initiated TA 94-02
Public Hearing to consider a City-Initiated application
for approval of a Text Amendment to Chapter 21.26
of the Campbell Municipal Code pertaining to
outdoor displays and seating, on-site beer and wine
consumption and live entertainment in restaurants;
parking requirements for existing buildings;
projecting signs; the requirements for a Downtown
Development Permit; and the type of uses permitted
with and without and a Use Permit.
STAFF RECOMMENDATION
Staff recommends the Planning Commission take the following actions:
Recommend that the City Council grant a Negative Declaration for TA
94-02.
Recommend that the City Council adopt an ordinance approving the
proposed text amendments.
BACKGROUND
At its meeting of May 18, 1993 the City Council approved the Downtown
Development Plan Phase II Implementation Work Program. With
completion of the majority of the physical improvements downtown,
the Implementation Work Program is the next step for downtown
revitalization. This step concentrates on expanding and strengthening
the downtown business sector.
Revisions to the C-3 ordinance was included in the Work Program
approved by the Council. The proposed revisions are intended to
streamline the permitting process for businesses downtown and to create
an environment conducive to business downtown.
DISCUSSION
The proposed zoning code revisions focus on streamlining the
permitting processes for businesses downtown, specifically for retail and
restaurant uses. The modifications encompass the following elements:
Staff Report TA 94-02
Page -2-
May 10, 1994
Uses permitted with and without a use permit.
The Downtown Development Permit.
Parking requirements for existing buildings.
Non-Conforming Uses
Projecting Signs.
Setbacks
B. The proposed modifications are discussed in more detail below:
Uses Permitted With and Without a Use Permit
Permitted Uses
Discussion
go
Use Permits in the C-3 zone are currently approved by the Planning
Commission and referred to the City Council for ratification. The C-3
zone is the only area of the City that requires Council ratification of use
permits.
Bo
Offices on the ground floor of parcels abutting Campbell Ave. east of 2nd
street are currently permitted upon obtaining a use permit.
Recommendation
go
Staff is proposing to revise the section regarding uses permitted without
a use permit. Instead of listing uses individually, uses would be
categorized according to retail, commercial schools and offices, service
commercial, restaurants, outdoor seating and displays, and other uses.
Bo
Under this proposal, beauty parlors, commercial schools, offices and
service commercial businesses such as, travel agencies, and photography
studios would be prohibited on the ground floor of parcels abutting
Campbell Ave. east of 2nd street. The intent is enhance the retail and
restaurant environment on Campbell Ave. east of 2nd street as discussed
in the Downtown Development Plan.
Co
Under uses permitted without a use permit, category #6 Other Uses, the
Community Development Director would have authority to approve
uses consistent with the intent of the C-3 ordinance.
Do
To streamline the approval process for use permits, staff is proposing to
eliminate the requirement for ratification by the City Council.
Staff Report TA 94-02
Page -3-
May 10, 1994
Outdoor Seating
Discussion
Outdoor seating and displays is common in many downtowns and can add
interest and a sense of life to the downtown. Outdoor seating and displays
currently require a use permit which costs $1,495 and takes approximately
three months to approve.
Recommendation
Staff is proposing a procedure that would allow outdoor seating and displays
to approved by the Community Development Director at no cost. Approval
would be subject to criteria contained in the proposed ordinance.
Beer & Wine Sales/Live Entertainment
Discussion
go
Existing policy requires restaurants to obtain a use permit into order to
sell beer and wine with food. As discussed above the process is time
consuming and expensive. The Police Department does not receive a
significant number of complaints from restaurants selling beer and wine
with food.
Obtaining a live entertainment permit can be quite cumbersome with a
use permit requirement, as well as additional processing through the
Police Department. The Police Department process can take over nine
months to complete. While this process is appropriate for nightclubs,
there are situations where this amount of oversight is not necessary.
Co
For example, restaurants may want to have music, such as two persons
playing a guitar and a flute. To do this they would have to go through
the same approval process as a nightclub.
Recommendation
In conjunction with the Police Department, criteria has been established to
that would allow beer and wine for on-site consumption and limited live
entertainment without a use permit.
Staff Report TA 94-02
Pa~e -4-
May 10, 1994
Downtown Development Permit (DDP)
Discussion
go
Currently, any new use in the downtown requires a Downtown
Development Permit (DDP) which must be approved by the Planning
Commission and City Council. For example, if a retail business wants to
occupy a space previously used by an office a DDP would be required.
Bo
The DDP which must be approved by the Planning Commission and City
Council takes approximately three months to approve. No other zoning
district has a similar process.
Recommendation
Staff believes the C-3 Ordinance provides sufficient review of new businesses.
The extra oversight provided by the DDP is not necessary and serves as
disincentive to new businesses that want to locate downtown. To simplify
the approval process for new businesses, staff is proposing to eliminate the
DDP.
Parking
Discussion
go
Parking is another barrier to attracting desirable businesses, such as retail
and restaurant uses, downtown. Many existing buildings either have no
parking or have limited opportunities to provide additional parking.
Bo
If a new business is intensifying a tenant space from a parking
standpoint, the business has two options, either provide the parking or
through the use permit process, request that the parking requirement be
waived or reduced. Currently the City does not have a consistent policy
regarding the parking issue.
In some cases, businesses requesting a reduction in parking have been
required as a condition of approval to sign an agreement stating they will
participate in a future parking district. At this time the cost of
participating in a future assessment district is unknown. The parking
requirement has made particularly difficult for restaurants that want to
locate downtown.
Staff Report TA 94-02
Pa~e -5-
May 10, 1994
As part of the Downtown Development Plan Phase II Implementation
Work Program, staff is reviewing parking in the downtown. Staff's
findings will be presented in the next couple of months.
Recommendation
To make it more desirable to establish new restaurants and retail uses in the
downtown, staff is to proposing that these uses be permitted to occupy
existing buildings without providing additional parking. Seating for
restaurants would be based on occupancy requirements in the building and
fire codes.
Non-Conforming Uses
Discussion
go
A non-conforming use is a use or activity that was lawful when it was
established, but due to revisions in the zoning code for the district in
which it is located is no longer permitted. Currently, whenever a non-
conforming uses has been discontinued for one year the use may not be
re-established.
Bo
Staff was directed by the Downtown Steering Committee to review this
requirement. The Committee specifically requested that one period to re-
establish a non-conforming use be reduced. The Downtown Steering
Committee is a group of City Officials, Business Owners, and Property
Owners that provide guidance during Downtown Development Plan
Phase II Implementation process.
Recommendation
Staff is recommending that the period to re-establish a non-conforming use
be reduced to six months.
Projecting Signs
Discussion
Signage is a major concern of downtown merchants. Currently, businesses in
the downtown are permitted a wall sign or a projecting sign to advertise their
business.
Staff Report TA 94-02
Page -6-
May 10, 1994
Recommendation
To assist businesses, staff is proposing to allow each business to have a six (6)
square foot projecting sign in addition to their primary wall sign. As
requested by the Downtown Steering Committee, staff has developed criteria
for reviewing projecting signs.
Setbacks
Recommendation
To provide a consistent pedestrian atmosphere throughout the
downtown, staff is recommending that new buildings in the downtown
be built to the back of the sidewalk.
Bo
This requirement already exists for buildings along Campbell Avenue.
Staff is proposing that this requirement be expanded to Civic Center
Drive, Orchard City Drive, and the side streets, in the downtown.
DOWNTOWN STEERING COMMITFEE
go
The proposed zoning revisions were reviewed by the Downtown
Steering Committee at its meeting of February 9, 1994. Chairperson
Perrine is the Planning Commission's representative to the Committee.
Bo
The Committee was supportive of the proposed revisions subject to staff
developing criteria for projecting signs and reducing the period to re-
establish non-conforming uses. The modifications requested by the
Committee have been incorporated into the proposed modifications.
Staff Report TA 94-02
Page -7-
May 10, 1994
SITE AND ARCHITECTURAL REVIEW COMMITTEE
The proposed modifications pertaining to outdoor displays and seating,
projecting signs, and setbacks were reviewed by the Site and Architectural
Review Committee at its meeting of April 28, 1994. The Committee was
supportive of the proposed modifications as presented.
Attachments
1. Recommended Findings
2. Exhibit A -- Proposed Ordinance Modifications
3. Environmental Checklist and Discussion of Environmental Effects
Prepared by:
Curtis Banks, AICP
Planner II
Steve Piasecki, AICP
Community Development Director
Initial Study and Checklist
Title of Proposal: TA 94-02
Date Checklist Submitted: 5 / 1 / 94
Agency Requiring Checklist:
Agency Address:
City of Campbell
70 North First Street
City/State/Zip:
Agency Contact:
Campbell, CA 95008
Curtis Banks
Phone: 866-2140
DETERMINATION
On the basis of this initial evaluation:
a) I find that the proposed project could not have a significant effect on the environment, and
A NEGATIVE DECLARATION will be prepared ......................................................................................... []
b) I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on an attached sheet have been added
to the project.
A NEGATIVE DECLARATION will be prepared ........................................................................................
c) I fred the proposed project may have a significant effect on the environment, and
An ENVIRONMENTAL IMPACT REPORT is required ............................................................................... []
Curtis Banks
For Date
Signature Print Name
Steve Piasecki 5/1/94
ENVIRONMENTAL CHECKLIST FORM
PROJECT LOCATION:
PROJECT ADDRESS:
70
Campbell Santa Clara
North ~rst Street
C.mp~ell, CA 95008
DESCRIPTION OF PROJECT: Text Amendment
Municipal Code
for Chapter 21.26 of the Campbell
ENVIRONMENTAL IMPACTS:
(CEQA requires that an explanation of all "yea" and"maybe" answers be provided along with this checidist, including a
discussion of ways to mitigate the significant effects identified. You may attach separate sheets with the explanatior~ on
them.)
}'es Maybe No
I. EARTH. Will the proposal result in:
a) Unstable earth conditions or in changes in geologic subslructurea?
b) Disruptions, displacements, compaction or overcovering of the soil?
c) Change in topography or ground surface relief feature?
d) The desmaction, covering or modification of any unique geologic or physical
e) Any increase in wind or water erosion of soils, either on or off the site?
f) Changes in deposition or erosion of beachsands, or changes in siltation,
deposition or erosion whichmay modify the channel of a river or ally, am or the
bed of the ocean or any bay. inlet Or lake?
g) Exposure of people or property to geologic hazards, such as earthquakes.
landslides, mudslidea, ground failttre, or similar
H. AIR. Will the proposal result in:
a) Substantial air emissions or deterioration ofambiem air quality?
b) The creation of objectionable odors?
c) Alteration of air movement, moistare, or temperature, orany change in
climate, either locally or regionally?
ill. WATER. Will the proposal result in:
a) Changes in currents, or the course of direction of water movements.
in either marine or freshwaters?
o o
b) Changes in absorpb.,nrales, drainagep~terna, orthoral~amt~llM~..of
surface runoff?. I-3
c) Alterations to the course or flow of flood warn's? []
d) Changes in the amount of surface water in any water body? []
e) Discharge into surface wamrs, or in any alteration of surface walm' quality,
including, but not limited to, lemperalxtre, ~i-~-~lved oxygen or turbidity? []
f) Alteration of the direction or rate of flow of ground waters? []
g) Change in the quantity of ground waters, either through direct Ildditions or
withdrawals, or through interception of an aquifer by cuts or e, xcavalions? i-]
h) Substantial reduction in thc amount of ~ otherwise nvuilablo for public
water supplies? []
i) Exposure of people or property to wa~r related hazards such as flooding
or tidal waves?
IV. PLANT LIFE. Will the proposal result in:
a) Change in the diversity of species, or number or any species of plants
(including trees, shrubs, gra~, crops, and aquatic plants)? []
b) Reduction of the numbers of any unique, ra~, or endangemt species of plants? []
c) Introduction of new species ofplants inn) an arm, or in a barrier lo the normal
replenishment of exist/ng species? []
d) Reduction in acreage of any a/x/cultural crop? []
V. ANIMAL LIFE. Will the proposal result in:
a) Change in the diversity of species, or numbers of any species of animals
(birds; land animals, including reptiles; fish and shellfish, benthic organisms
or insects)? []
b) Reduction of the numbers of any unique, rare, or endangered species
or aa/mals? []
c) Introduction of new species ofanimals inl~ an area, or result in a barrier to
the migration or movement of anhnals? []
d) Deterioration to existing fish or wildlife habitat? []
VI. NOISE. Will the proposal result in:
a) Increases in existing noise levels? []
b) Exposure of people to severe noise levels? []
VII. LIGHT and GLARE. Will the proposal:
a) Produce new light or glare? []
VIII. LAND USE. Will the proposal result in:
a) Substantial alteration of the present or planned land use of an area? []
IX. NATURAL RESOURCES. Will the proposal result in:
a) Increase in the rate of use of any mm*al resources? []
X. RISK OF UPSET. Will the proposal involve:
a) A risk of an explos/on or the release of bn~,nrdous subslances (includ/ng,
but not limited to: off, pesticides, chemicals or radiation) in the event of an
accident or upset conditions? []
C~QA~ CAI.I~ORNIA ~NMINTAI. QIJAI.rlT AC1'
b) Possible inlerference with ~mer~ency ~ plan or an emer~ncy
evacuation plan?
XI. POPULATION. Will the proposal:
a) Alter the location, distribution, density or growth rate of lhe human
of an area?
XII. HOUSING. Will the proposal:
a) Affect existing housing, or cr~te a demand for additional housing?
XIII. TRANSPORTATION/CIRCULATiON. Will the propo~tl rezult in:
a) Generation of substantial additional vehicular movement?
b) Effects on existing parking facilities, or demand for new parking?
c) Substantial impact upon existing u'atwponation systems?
d) Alterations to present patterns of circulation or movement of people
and/or goods?
e) Alterations to waterborne, mil or air traffic?
0 Increase in traffic bnT~,xis to motor vehicles, bicyclists, or pedestrians?
XlV. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need
for new or altered governmental services in any o/the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks or other recreational facilities?
e) Maintenance of public facilities, including roads?
f) Other governmental services?
XV. ENERGY. Will the proposal result in:
a) Use of substantial amounts of fuel or energy?
b) Substantial increase in demand upon existing sources of energy, or require
the development of new sources of energy?
XVI. UTILITIES and SERVICE SYSTEMS. Will the proposal result irt a need
for new systems, or $ubstanttal alterations to the following utilities:
m
a) Power or natural gas? I-] [=3 ~_
b) Communications systems? [] I"1 ~
c) Water? [] [] ..
d) Sewer or septic tanks? [] [] a~
e) Storm water ctrainage? f~ [] a~
f) Solid waste and disposal? [] [] ~
XVII. HUMAN HEALTH. Will the proposal result in:
a)
b)
Creation of any health hazatcl or potential health hazard (excluding mental health)?
Exposure of people to potential health hazards?
[]
XVIII. AESTHE"rlCS. Will the propoml result in:
a) The obstruction of any scenic vista or view open to the public?
b) The creation of an aesthetically offensive site open to public ~iew?
XIX. RECREATION. Will the proposal result in:
a) Impact upon the quality or quantity of existing re. rational oppmmnities?
XX. CULTURAL RF. SOURCF, S. Will the proposal:
a)Result in the alteration of or the destruction ofa prehistmic or
historic archaeological site?
b) Result in adverse physical or a~sthetic efl'ects to a pre. historic or hisloric
building, muctttre, or object?
c) Have the potential to cause a physical chang~ which would affect unique
ethnic cultural values?
d) Restrict existing r~ligious or sacred uses within the potential impact area?
o []
o []
[] []
XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Potential to degrade: Does the project have the potential to degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self sustaining levels,
threaten to eliminate a plant ar animal community, reduce the number or restrict
the range of a rate er endangered plant or animal or e 'luninam imlxnxant
examples of the major periods of California history or In,history? [='] []
b) Short.term: Does the project have the potmtlal to achieve short-term, lo the
disadvantage of long-term, environmental goals? (A short-term impact on the
environment is one which occurs in a relatively, brief, dm"mitive period of time.
Long-term impact~ will endure well into the futm~.) [] []
c) Cumulative: Does the project have impacts which are individually limited,
but cumulatively considerable? (A project nmy impact on two or mane separate
resources where the impact on each resource is relatively small, but where the
effect on the total of those impacts on the environment is significant.) [] []
d) Substantial adverse: Does the project have environmental effects which will
cause substantial adverse effects on human beings, either directly or indir~y? [] []
XXII. DISCUSSION OF ENVIRONMENTAL EVALUATION.
(This section may be fdled out by u~ing narrative, or by taing a form, ~'uch a~ the example given in the CEQA Guide-
lines.)
See attached Discussion of Environmental Effects
XXIII. DISCUSSION OF LAND USE IMPACTS.
(An examination of whether the project would be consistent with e~i_~ting toning, plan~, aad other applicable land u.ve
controls.)
See attached Discussion of Environmental Effects
(Note: This is only a suggested form pursuant to CI~QA Guide. lines, Section 15065(d). Public agencie~ are free to devise
their own format for initial studies. However, the DET£RMINAI'ION it an e..~ential component of this form.)
DISCUSSION OF ENVIRONMENTAL EFFECTS
FILE NO:
APPLICANT:
ADDRESS:
APN:
PROJECT DESCRIPTION:
N/A
City of Campbell
City-wide
N/A
Text Amendment to Chapter 21.26 of the
Campbell Municipal Code (Central Business
District) pertaining to:
a. Outdoor displays and seating
b. On-site beer and wine consumption
c. Live entertainment
d. Parking Requirements
e. Setbacks
f. Projecting Signs
g. Downtown Development Permit Process
h. Ratification of Use Permits
i. Non-Conforming Uses
j. Permitted Uses
6a. Will the proposal result in increases in existing noise levels?
Discussion
Ao
The proposed modifications would permit live entertainment
subject to criteria contained in the C-3 Ordinance. Entertainment
could increase the level of noise in the area.
Bo
To minimize potential noise impacts, the ordinance contains
criteria requiring that noise levels must allow for normal
conversation and may not be audible more than 50 feet from the
tenant space. The criteria also state that noise from the live
entertainment shall not disrupt neighboring businesses or
residents. Should the Police Department find that a business is in
noncompliance with these conditions, live entertainment will be
discontinued at the site.
Co
Implementation of the ordinance standards will reduce the
potential for noise impacts to a level of non-significance.
Discussion of Environmental Effects - TA 94-02
Page -2-
May 10, 1994
Mitigation
None needed.
13b. Will the proposal result in effects on existing parking facilities, or
demand for new parking?
Discussion
go
The ordinance would permit retail and restaurant uses east of 2nd
street to locate in existing buildings without having to provide
additional parking. Depending upon the previous use at the site,
this could increase the demand for parking.
Bo
The area east of 2nd street is identified in the C-3 ordinance and the
Downtown Master Plan as Parking Zone 1. A parking analysis done
by the Redevelopment Department indicates that in Zone 1 there is
currently sufficient parking to accommodate retail uses. There is
also sufficient parking available along the loop streets and in the
Water Tower parking garage to accommodate potential increases in
parking demand due to new restaurants.
The requirements for Parking Zone 1 state that all new parking
shall be provided in shared parking facilities. At this point,
forming another assessment district to provide additional shared
parking is not economically feasible. Until an assessment district is
formed, potential tenants that wish to occupy existing buildings
have no means to provide additional parking.
Do
The Planning and Redevelopment Departments are currently
analyzing options to increase the parking availability within the
downtown area. These options will be presented as part of the
Downtown Development Plan Phase II Implementation which is
being prepared by the Planning and Redevelopment Departments.
Eo
Existing parking along with implementation of the new parking
being analyzed in the Phase II Implementation Plan will mitigate
any increases in parking demand created by new retail or restaurant
uses.
Mitigation
None Needed
Discussion of Environmental Effects - TA 94-02
Pa~e -3-
May 10, 1994
13d. Will the proposal result in alterations to present patterns of circulation
or movement of people and/or goods?
Discussion
go
The proposed modifications would permit outdoor seating and
displays along the sidewalk subject to staff approval. This could
limit the area along the sidewalk available for pedestrians.
Bo
The ordinance contains criteria for the placement of outdoor seating
and displays. Per the American Disabilities Act (ADA) a four foot
walk way for pedestrians is required. The criteria contained within
the ordinance mitigate any potential impact to pedestrians to a level
of non-significance.
Mitigation
None Needed
14b. Will the proposal have an effect upon police protection?
go
The proposed ordinance modifications that allow on-site beer and
wine consumption and limited live entertainment in restaurants as
a use permited without a use permit, subject to criteria contained in
the ordinance. Currently, beer and wine sales and live
entertainment require a use permit. In addition, entertainment
requires a live entertainment permit that requires approval of the
City Council.
Bo
Among the criteria contained in the ordinance is a provision that
the proposed modifications would only apply to restaurants
without a separate bar area. The Police Department does not receive
a significant number of complaints from restaurants which do not
have separate bar areas. Implementation of the criteria contained in
the ordinance will reduce the potential effect on police services to a
level of non-significance.
Mitigation
None Needed
Discussion of Environmental Effects - TA 94-02
Pase -4-
May 10, 1994
18. Will the proposal result in the creation of an aesthetically offensive site
open to public view?
Discussion
The proposed ordinance modifications would permit outdoor seating
and displays. Seating, tables, and displays could create adverse visual
impacts. In order to minimize the visual impact of outdoor displays and
seating, the ordinance contains criteria to ensure that outdoor uses are
well maintained and visually attractive. Implementation of these
standards will reduce the potential for visual impacts associated with
outdoor seating and displays to a level of non-significance.
Mitigation
None Needed
23 Discussion of Land Use Impacts
The proposed ordinance modifications are consistent with the
Downtown Development Plan and the City of Campbell General Plan.
CITY OF CAMPBELL
Community Development Department
April 29, 1994
NOTICE OF HEARING
Notice is hereby given that the Planning Commission of the City of Campbell
has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, May 10, 1994,
in the City Hall Council Chambers, 70 North First Street, Campbell,
California, to consider the City-initiated application for approval of a Text
Amendment to Chapter 21.26 of the Campbell Municipal Code (C-3-S/
Downtown Commercial Zoning District) pertaining to outdoor displays and
seating; on-site beer and wine consumption and live entertainment in
restaurants; the parking requirements for existing buildings; projecting signs;
the requirement for a Downtown Development Permit; and the type of uses
permitted with and without a Use Permit.
Interested persons may appear and be heard at this hearing. Please be advised
that if you challenge the nature of the above project in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this Notice, or in written correspondence delivered to
the City of Campbell Planning Commission at, or prior to, the public hearing.
Questions may be addressed to the Planning Office at (408) 866-2140.
In compliance with the Americans with Disabilities Act, listening assistive
devices are available for all meetings held in the Council Chambers. If you
require accommodation, please contact the Community Development
Department at 866-2140, at least one week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE: When calling about this Notice,
please refer to the C-3-S Zoning District Amendment
70 North First Street - Campbell, California 95008.1423 · TEL 408.866.2140 - FAX 408.866.8381 - TDD 408.866.2790