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CC Ordinance 2093 ORDINANCE NO. 2093 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE PLANNED-DEVELOPMENT LATE- NIGHT USE ORDINANCE, WHICH INCLUDES TEXT AMENDMENTS TO THE ZONING CODE (TITLE 21 OF THE CAMPBELL MUNICIPAL CODE). After notification and public hearing as specified by law on the proposed Planned- Development Late-Night Use Ordinance and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of the Planned-Development Late-Night Use Ordinance, which includes text amendments to the Zoning Code (Title 21 of the Campbell Municipal Code) are warranted based upon the following findings: 1. The Zoning Code embodies the zoning regulations which identify the procedures and requirements for filing, reviewing, processing, approving, and implementing development applications while implementing the goals, policies, and strategies of the 2001 Campbell General Plan. 2. The City Council held a study session to review alternatives for the establishment of a new policy regarding late-night uses in the Planned Development Zoning District. 3. The Planning Commission held a public hearing to review alternatives for the establishment of a new policy regarding late-night uses in the Planned Development Zoning District, and forwarded its recommendation to the City Council. 4. The amendments to Zoning Code include text in the following: Special Purpose Districts Chapter, Nonconforming Uses and Structures Chapter, and the Definitions Chapter. 5. The proposed amendments concern the definition of late-night uses and the regulation there of in the Planned Development Zone. 6. The City recognizes the economic need of some businesses to operate during the late and early morning hours, and furthermore, the City recognizes this need must be balanced with the right of residents to enjoy the quiet enjoyment of their homes. 7. The proposed text-amendments are Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15321 (a)(2). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed text are consistent with the intent and purposes of the Zoning Ordinance, which is to implement the policies of the Campbell General Plan by classifying and regulating the uses of land and structures within the City to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the City. 2. The Planned-Development Late-Night Use Ordinance will result in a Zoning Code which is more internally consistent. 3. The proposed amendments are consistent with the City of Campbell General Plan. 4. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 5. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project as currently presented will have a significant adverse impact on the environment. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: The following provisions of the Campbell Municipal Code are hereby amended as follows: A. Section 21.12.030.G is hereby amended to read as set forth in Exhibit A; B. Section 21.58.040.B is hereby amended to read as set forth in Exhibit A; C. Section 21.72 is hereby amended to read as set forth in Exhibit A; SECTION TWO: This Ordinance shall 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 6th call vote: day of November ,2007, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Kennedy, Low, Burr, Furtado COUNCILMEMBERS: None COUNCILMEMBERS: Hernandez COUNCJLMEMBER::PPRO:::~ ~ 1~ Dani~1 Furtadb, Mayor ATTEST: ~~ Anne Bybee, City Clerk Exhibit A Recommended Text Amendment CMC 21.12.030 - P-D (Planned Development) Zoning District A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in other zoning districts so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. The zoning district allows within its boundaries a use or development, or a combination of uses or types of uses or types of developments, that is (are) determined to be in conformance with the underlying land use designation of the general plan. It is not the intent of the P-D zoning district to allow more residential units than would normally be allowed by other residential zoning districts which are deemed consistent with the general plan. B. General plan. The P-D zoning district is consistent with the underlying land use designation of the general plan. C. San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by reference. The San Tomas neighborhood area plan policies shall only apply to properties within the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is maintained at the community development department. In the case of conflict between the San Tomas area neighborhood plan policies and requirements contained in this chapter, the policies of the San Tomas area neighborhood plan shall prevail. D. Allowable uses in the P-D zoning district. Any use or development that is determined to be consistent with the general plan of the city may be approved in the planned development zoning district, subject to the criteria established in subsection (G)(6) of this section. Development plans shall be approved either through an administrative planned development permit, in compliance with subsection (G)(1) of this section, or by city council resolution or ordinance, in compliance with subsection (G)(9) of this section. In order to aid the city council in adoption of a resolution or ordinance, the planning commission shall also hold a public hearing and shall transmit its findings and recommendations by resolution to the city council. Establishment of a liquor establishments or a liquor store shall require approval of a conditional use permit pursuant to the requirements of Chapter 21.46, (Conditional Use Permits). E. Design guidelines. In its review of development projects, the decision-making body shall take into consideration any relevant design guidelines that have been adopted by the city. F. Establishing the P-D zoning district. 1. Unless initiated by the city, an application for a zone change to a P-D zoning district for a specific parcel or area shall include a development plan. 2. The city may initiate a zone change to a P-D zoning district for a specific parcel or area, without providing a development plan, when the purpose of the zone change is determined to serve the best interests of the city. G. Permit required. Unless otherwise specified in this chapter, no use or structure shall be constructed, created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning district unless and until a planned development permit or an administrative planned development permit has been approved. An administrative planned development permit shall be processed through the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). An application for an administrative planned development permit shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and elevations and any other data/materials identified in the community development department application for an administrative planned development permit. All applications shall be accompanied by a filing fee in compliance with the city council's fee resolution. It is the responsibility of the applicant to establish the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter 21.62, (Appeals). 1. Administrative planned development permit required. An administrative planned development permit approved by the community development director shall be required for the following: a. The establishment of a new use in an existing building when no development plans are required (excluding the establishment of a liquor establishment or liquor store that requires the approval of a conditional use permit); b. A new single-family home or an addition to a single-family home on an existing lot with only one single-family residence on the lot; c. Additions, remodels and facade improvements to commercial and industrial buildings. In the case of an addition, the addition shall be less than ten percent of the existing gross floor area or five thousand square feet, whichever is less. d. New and existing late-night activities pursuant to 21.58.040.8.040.3 (Non-Conforming Uses). 2. Planned development permit required. A planned development permit reviewed by the planning commission and approved by the city council shall be required for all projects that are not covered by the approval of an administrative planned development permit, as provided above. 3. Modification of a planned development permit. a. Minor modification. The community development director may approve a minor modification to a previously approved planned development permit when the change/modification does not add additional building square footage or substantially alter the design or specifications approved by the site plan. The community development director may request that a minor modification be reviewed by the planning commission. b. Major modification. A modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the city council. 4. Application filing and contents. a. Application for a planned development permit or modification to a planned development permit shall be filed with the community development department. All applications shall be accompanied by a filing fee in compliance with the city council's fee resolution. b. The community development director shall prescribe the form of the application and data and information to be filed with the application. c. A development plan shall be required to accompany the application. d. If development is to be carried out in stages, each stage shall be shown on a master plan of development. e. The development plan shall: (1) Indicate the site location and planning of all structures and open spaces to show that the development will be compatible with the general plan and will aid in the harmonious development of the immediate area; (2) Include proposed structures with elevations which show appearance and materials of exterior walls, fences or walls used for screening or separation, design of ingress and egress, landscaping, and off-street parking and loading facilities; and (3) Include a development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion. f. The planning commission or city council may also require other information that it considers necessary to properly evaluate the project. 5. Consideration in review of applications. The community development director, the site and architectural review committee, the planning commission, and the city council shall consider the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application: a. Considerations relating to site circulation, traffic congestion, and traffic safety: (1) The effect of the site development plan on traffic conditions on abutting streets; (2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; (3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion; (4) The location, arrangement, and dimensions of truck loading and unloading facilities; (5) The circulation patterns within the boundaries of the development; and (6) The surfacing and lighting of the off-street parking facilities. b. Considerations relating to landscaping: (1) The location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; (2) The planting of ground cover or other surfacing to prevent dust and erosion; and (3) The preservation of existing healthy trees. c. Considerations relating to structure and site lay-out: (1) Consideration of the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; (2) Consideration of exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and (3) Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 6. Approval criteria. The review authority shall approve the application if it finds that all of the following criteria have been established: a. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; b. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; c. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and d. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 7. Additional approval criteria for late night activities. Prior to approving an administrative planned development permit for any late-night activity, the reviewing authority shall first find all the following conditions, in addition to those findings identified in Section 21.12.030.G.6, are satisfied. a. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors; b. Not disturb the neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that may be caused by the late-night establishment. 8. Action by the site and architectural review committee. The site and architectural review committee shall review all development plans (except those approved by the administrative planned development permit in compliance with subsection (G)(1) of this section) and shall make reports and recommendations on each application to the planning commission. 9. Action by the planning commission. a. The planning commission shall hold a public hearing on a planned development permit application. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. Following close of the public hearing, the planning commission shall report its findings and recommendations to the city council by resolution. c. The planning commiSSion may recommend approval of the proposed development if it finds that all of the following criteria set forth in subsection (G)(6) of this section have been satisfied (with regard to the elements identified in subsection (G)(5) of this section. d. In recommending approval, the planning commission may also recommend conditions of approval as it deems reasonable and necessary under the circumstances to carry out the intent of this chapter and the general plan. e. The planning commission may also recommend time limits within which the conditions of approval shall be fulfilled and the proposed development started and completed. 10.Action by the city council. a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter for public hearing before the city council. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of this section, the city council shall render its decision by resolution after conclusion of the public hearing. c. The city council shall render its decision by ordinance after conclusion of the public hearing for the following types of projects: (1) The project is proposed for development on a site of more than two gross acres in total area; (2) The project consists of the construction of more than twenty thousand square feet of gross floor area; or (3) The project involves the construction of more than twenty residential units. d. The city council shall render its decision after conclusion of the public hearing. The city council shall approve the proposed development if it finds that all of the criteria set forth in subsection (G)(6) of this section have been satisfied with regard to the elements identified in subsection (G)(5) of this section. e. In approving the application, the city council may require conditions as it deems reasonable, necessary, and appropriate to secure the purposes of this Zoning Code and the general plan, and may require guarantees and evidence that the conditions are being or will be complied with. f. The city council may impose time limits within which the conditions shall be fulfilled and the proposed development started and completed. 11. Notification of decision. The secretary of the planning commission shall give written notification of the decision of the community development director and/or the planning commission, and the city clerk shall provide written notification of the city council's decision to the applicant. In the case of approval, the notification shall include all conditions of approval. 12. Right of appeal. Any person aggrieved by the decision of the community development director and/or planning commission may appeal within ten days of the date of decision in compliance with Chapter 21.62, (Appeals). 13. Expiration, extension, and reinstatement. a. Unless otherwise approved, within twenty-four months from the date approval is granted, a building permit shall be obtained or the approval shall be void. b. The decision-making body may extend the expiration date or reinstate an expired approval in conformance with Chapter 12.56, (Permit Implementation, Time Limits and Extensions). (Ord. 2070 91 (Exh. A)(part), 2006: Ord. 2043 S 1 (part), 2004 Recommended Text Amendment CMC 21.58 - Nonconforming Uses and Structures 21.58.010 Purpose of chapter. A. Purpose. This chapter establishes regulations for legal nonconforming uses and structures. These are uses and structures within the city that were lawfully established and constructed before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or future amendments thereto. B. Intent. It is the intent of this chapter to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be eliminated or altered to conform to the zoning district standards in which they are located. (Ord. 2070 91 (Exh. A)(part), 2006: Ord. 204391 (part), 2004). 21.58.020 Applicability. A. Nonconforming uses and structures. Nonconforming uses and structures within the city may continue to be used, and may be altered, maintained, expanded, reconstructed, or replaced only as allowed by this chapter. B. City properties. Any property with a nonconforming structure owned in whole or in part by the city of Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, or removal of a city-owned nonconforming structure. C. Status of designated cultural resource. Designated cultural resources shall not be considered nonconforming or illegal for purposes of maintenance and upkeep. D. Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable provisions of the Municipal Code or the Santa Clara County regulations when originally established, are in violation of this Zoning Code and are subject to the provisions of Chapter 21.70, (Enforcement). This chapter does not grant any right to continue the use or occupancy of property containing an illegal use or structure, or any use or structure that was not legally created. E. Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city, in compliance with Municipal Code Chapter 6.10, (Nuisance Abatement and Property Maintenance Regulations), or other applicable provisions of law. (Ord. 207091 (Exh. A)(part), 2006: Ord. 2043 91 (part), 2004). 21.58.030 Definitions. Nonconformities are defined as follows: "Nonconforming structures" means a structure the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current requirements of this Zoning Code. "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current use regulations for the zoning district in which it is located. "Nonconformity upon annexation" means a use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Zoning Code. (Ord. 2070 ~1 (Exh. A)(part), 2006: Ord. 2043 ~1 (part), 2004). 21.58.040 Restrictions on nonconforming uses. A. Purpose. This section is intended to limit the number and extent of nonconforming uses by prohibiting expansion, enlargement, or intensification, re-establishment after abandonment, alteration of the structures they occupy, and restoration after destruction. B. Continuation of use. 1. The nonconforming use of a structure, lawfully established before the enactment of rezoning, reclassification, or change of regulations, may be continued only in compliance with the provisions of this chapter. 2. Notwithstanding anything contained in this chapter to the contrary, any motor vehicle repair facility that is nonconforming with regard to the requirements of Section 21.36.140, (Motor vehicle repair facilities), shall come into compliance with all applicable regulations of Section 21.36.140 of this title within twenty-four months of the latter of: a. The effective date of the ordinance codified in this chapter adopting this provision; or b. The date that the use became nonconforming. Nothing contained in subsection (8)(2) of this section shall be construed as prohibiting a lawfully established motor vehicle repair facility that is presently nonconforming solely due to the fact that it is not currently a permitted use in the zoning district in which is located from continuing to operate so long as the use complies with the operational requirements of Section 21.36.140 of this title. 3. Any late-night activity nonconforming with regard to the requirements of Section 21.12.030.G.1.d (Administrative Planned Development Permit Required) requiring an administrative planned development permit, shall come into compliance by obtaining an administrative planned development permit subject to Section 21.12.030 (Planned Development Zoning District) within 24 months of the effective date of the ordinance (Ord. xxxx) codified in this chapter adopting this provision. C. Change in use. 1. The nonconforming use of a site or structure may be changed to a use of the same or more restricted classification as determined by the community development director. 2. Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it shall not thereafter be changed to a use of greater intensity. D. Enlargement or expansion prohibited. A nonconforming use shall not be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use. E. Discontinued use. 1. A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous period of at least twelve months shall not be re-established on the site and further use of the structure or parcel shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code. 2. Evidence of abandonment shall include, but is not limited to, the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation. F. Nonconforming use of land. The nonconforming use of land, on which no main structure is located, which was lawfully established before the enactment of zoning, rezoning, reclassification, or change of regulations, may be continued for a period of not more than five years from when it first became nonconforming; provided: 1. No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. 2. The nonconforming use of land may be changed to a use of the same or lesser intensity (as determined by the community development director) but where the nonconforming use of land is changed to a use of lesser intensity it shall not thereafter be changed to a use of greater intensity. 3. A nonconforming use of land that is abandoned or discontinued for a continuous period of at least twelve months shall not be re-established. Any further use of the site thereafter shall comply with all applicable provisions of this Zoning Code. G. Nonconforming due to lack of conditional use permit. A use that is nonconforming due to the lack of a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation, type or intensity of use). Any change shall require conditional use permit approval. H. Previous conditional use permits in effect. A use that was established with conditional use permit approval but is a use no longer allowed by this Zoning Code within the applicable zoning district may continue in operation, but only in compliance with all of the provisions of the original conditional use permit. If the conditional use permit specified a termination date, the use shall be discontinued in compliance with that termination date. I. Nonconformance due to reclassification. The foregoing provisions of this Zoning Code shall also apply to uses and structures which thereafter become nonconforming due to any reclassification of zoning districts, in compliance with Chapter 21.60, (Amendments) or any subsequent change in the regulations of this chapter; provided, where a period of years is specified in this section for the removal of nonconforming uses or structures the period shall be computed from the date of the reclassification or change. (Ord. 2070 91 (Exh. A)(part), 2006: Ord. 2043 ~1 (part), 2004). 21.58.050 Restrictions on nonconforming structures. A. Purpose. This section is intended to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, or moved, and by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be altered or eliminated to conform to all applicable provisions of this Zoning Code. B. Continuation of structure. A nonconforming structure, lawfully constructed before the enactment of rezoning, reclassification, or change of regulations may be continued only in compliance with the provisions of this chapter. C. Maintenance, repairs and minor alterations. Except as otherwise provided in this chapter, a nonconforming structure may be maintained, repaired, and minor alterations made; provided no structural alterations shall be made except those required by law or ordinance. D. Additions, enlargements and moving. 1. A nonconforming structure shall not be added to or enlarged in any manner, except as identified in subsection F of this section. 2. A structure that does not comply with the height or area regulations shall not be added to or enlarged in any manner, except as identified in subsection F of this section. 3. A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided the required additional parking spaces are provided, in compliance with Chapter 21.28, (Parking and Loading). 4. No nonconforming structure shall be moved in whole or in part to any other location on the parcel unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code. E. Reconstruction after damage or destruction. A nonconforming structure that is involuntarily damaged or partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy, clearly beyond the control of the property owner, may be reconstructed in compliance with the building code, only as follows: 1. Cost does not exceed seventy-five percent. A nonconforming structure which is involuntarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) may be restored or reconstructed; provided, the restoration is started within twelve months of the date of damage, and the restoration is completed within twelve months thereafter; 2. Cost exceeds seventy-five percent. In the event the cost to repair the damage or destruction exceeds seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) no repairs or reconstruction shall be made unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code; 3. Exceeds seventy-five feet in height. In compliance with the intent of Section 21.18.050, (Exceptions to height provisions), and notwithstanding any provisions to the contrary, a nonconforming structure that equals or exceeds seventy-five feet in height shall be allowed to be reconstructed or restored if it becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in subsection (E)(1) of this section. 4. Residential structures. a. Nonconforming single- and multi-family residential dwelling units involuntarily damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards of the zoning title that applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards) at the time that it was originally constructed or modified. b. A complete application for reconstruction shall be submitted within twelve months of the date of damage, reconstruction shall be commenced within one hundred eighty days of land use permit/building permit approval, and must be diligently pursued to completion. c. The new construction shall comply with current building and fire code requirements. F. Exceptions. 1. Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning districts in which it is located may be added to or enlarged in compliance with the following criteria: a. The structure was lawfully constructed; b. The addition or enlargement is limited to the first floor; c. The addition or enlargement does not decrease the existing setbacks; d. Any upper story additions comply with the current setback requirements; and e. The decision-making body approving the site and architectural review permit for the addition or enlargement finds that the addition or enlargement will not be detrimental to the public health, safety, or general welfare of persons residing in the neighborhood. 2. Policy "E" of the San Tomas neighborhood plan. a. Additions to legally existing structures in the San Tomas area may be added to or enlarged as allowed under policy "E" of the San Tomas neighborhood plan. b. Policy "E" is incorporated herein by reference. c. The map outlining the boundaries of the San Tomas area is maintained at the community development department. d. In the case of conflict between the San Tomas neighborhood plan policy "E" and the requirements contained in this chapter, policy "E" of the plan shall prevail. 3. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without the cost limitations identified in subsection E of this section; provided the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements, including the applicable provisions of state law (e.g., Title 24, California Code of Regulations, etc.). (Ord. 2070 91 (Exh. A)(part), 2006: Ord. 204391 (part), 2004) Recommended Text Amendment CMC 21.72 - Definitions 21.72.010 Purpose. This chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct. (Ord. 2043 S1 (part), 2004). "Late night activities" means land use activities operating between the hours of 11 :00 p.m. and 6:00 a.m., including but not limited to the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties.