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CC Ordinance 2107 ORDINANCE NO. 2107 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT TO MODIFY SECTIONS 21.10.040 AND 21.10.050 TO ELIMINATE THE REGULATION OF BOOKSTORES OVER 10,000 SQUARE FEET, WITH THE NEW PROPOSED SECTION 21.1 0.090, (SEXUALLY ORIENTED BUSINESSES) COVERING THE REGULATION OF SEXUALLY ORIENTED BOOKSTORES. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: Campbell Municipal Code Sections 21.10.040 and 21.10.050 are hereby amended to read as set forth in Exhibit A to this Ordinance. 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 15th day of July call vote: , 2008, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPROcti:,J' ~~ ~;-S Donald R. Burr, Mayor ~ ATTEST: a~,- Anne Bybee, ci'y Clerk EXHIBIT A EXPRESSIVE ACTIVITIES REGULATIONS Chapter 21.20 is hereby amended to read: Chapter 21.10 COMMERCIAL AND INDUSTRIAL DISTRICTS 21.10.040 C-1 (Neighborhood Commercial) zoning district. B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 3.Book stores (under 10,000 s.f.). C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities. 2. Arcades. 3.Book stores (gre3ter than 10,000 E).f.). 4-:-3. Broadcast and recording studios. B-4. Commercial day care centers. €h5. Commercial schools. 1-:-6. Community/cultural/recreational centers. &"7. Convalescent/rest homes. 9:-8. Convenience markets/stores. -1-Q.,.9. Conversion, commercial converted from residence. -14-,.10. Dancing and live entertainment. 4b 11. Emergency shelters. ~12. Furniture, furnishings, and equipment stores (greater than 10,000 s.f.). 44-13. Furniture, furnishings, and equipment stores (under 10,000 s.f.). 4-&:-14. Garden centers/plant nurseries. +e-,.15. Gasoline stations. ..:t+ 16. Government offices and facilities (local, State or Federal). 4-S:-17. Grocery stores (greater than 10,000 s.f.). 4-9:-18. Hardware stores (greater than 10,000 s.f.). 2-G-:-19. Health/fitness centers. 2-+,.20. Hotel. n21. Late night activities. ~22. Liquor establishments. ~23. Liquor stores. ~24. Massage establishments. &25. Medical services, clinics. n26. Medical services, extended care. ~27. Motel. 2-Q.,.28. Museums, public. ~29. Music (recordings) stores. ~30. Outdoor seating, when more than 12 total seats. ~31. Pet stores. *-32. Philanthropic collection trailers. M-:-33. Public assembly uses. &34. Public utility structures and service facilities. ~35. Radio or television transmitters. ~36. Recycling facilities - reverse vending machines. ~37. Recycling facilities - small collection facility. ~38. Restaurants with late night activities or banquet facilities. 4G-:-39. Restaurants, fast food (with or without drive-in service). 4-+-40. Schools - K-12, private. 42-41. Shopping centers (greater than 10,000 s.f.). ~2. Spa services. 4443. Studios - art, dance, music, photography, etc. 4&44. Tanning studios. 4945. The use of any building that was constructed as a residential structure for a commercial or office use. 47-:46. Transitional housing. 4347. Universities/colleges, private. 49-48. Veterinarian clinics and animal hospitals. WAg. Video rental stores. ~50. Warehouse retail stores. ~51. Wireless telecommunications facilities - non-stealth. 21.10.050 C-2 (General Commercial) zoning district. B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances ): C. Book stores (under 10,000 s.f.). D. Uses allowed with conditional use permit in C-2 (General Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities. 2. Alternative fuels and recharging facilities. 3. Arcades. 4. Banquet facilities. 5. Bed and breakfast inns (only in historic structures). 6.Book stores (greater than 10,000 s.f.). ~6. Broadcast and recording studios. &7. Caretaker/employee housing (not to exceed 640 s.f. and one bedroom). ~8. Cat and dog day care facilities. -Uh9. Cat and dog grooming facilities. +:1-:-10. Cat boarding facilities. 4-611. Check cashing. 4.J-,.12. Commercial day care centers. ~ 13. Commercial schools. .:t-a.:- 14. 4-&-15. .:t-7:- 1 6 . ~17. ~18. 2{h 19. ~20. n21. &22. 24:-23. &24. ~25. 2+,.26. ~27. ~28. ~29. ~30. ~31. ~32. U:-33. ~34. ~35. ~36. ~37. ~38. Mh39. 44-40. 4641. ~2. 4443. 4eA4. 4&:45. 4746. 4&47. 49-48. W49. &+.-50. ab51. *52. 64,.53. ~54. W-:-55. ~56. a&:-57. W:58. 9G-:59. Community/cultural/recreational centers. Convalescent/rest homes. Convenience markets/stores. Conversion, commercial converted from residence. Dancing and live entertainment. Department stores. Drive-in theaters. Emergency shelters. Equipment rental establishments. Gasoline stations. Golf courses and golf driving ranges. Government offices and facilities (local, State or federal). Grocery stores (greater than 10,000 s.f.). Hardware stores (greater than 10,000 s.f.). Health/fitness centers. Hospitals. Indoor amusement/entertainment/recreation centers. Late night activities. Liquor establishments (on-site consumption only). Liquor stores (off-site consumption only). Massage establishments. Medical services, clinics. Medical services, extended care. Miniature golf courses. Motor vehicle - cleaning, washing, and detailing. Motor vehicle - oil change facilities. Motor vehicle - parts and supplies (very limited maintenance/installation). Motor vehicle - renting and leasing. Motor vehicle - sales (new and/or used). Museums, public. Music (recordings) stores. Nightclubs with or without food service. Outdoor active activities (e.g., drive-up windows). Outdoor amusement/entertainment/recreation centers. Outdoor retail sales and activities. Outdoor seating, when more than 12 total seats. Personal services, limited. Pet stores. Pharmacies/drug stores, with drive-up service. Philanthropic collection trailers. Public assembly uses. Public utility structures and service facilities. Public works maintenance facilities and storage yards. Radio or television transmitters. Radio stations. Recycling facilities - reverse vending machines. 94-:-60. 9b61. 63-:62. ~63. e&.64. 9&-65. 9+:-66. €*h67. ~68. +G-:-69. +4-:-70. n71. +-J-:72. +4-73. *74. 7&-75. -::t-:h 76 . Recycling facilities - small collection facility. Restaurants with late night activities or banquet facilities. Restaurants, fast food (with or without drive-in service). Schools - K-12, private. Second hand/thrift stores. Shopping centers (greater than 10,000 s.f.). Sign shops. Spa services. Studios - art, dance, music, photography, etc. Tanning studios. Theaters, movie or performing arts. Transitional housing. Universities/colleges, private. Veterinary clinics and animal hospitals. Video rental stores. Warehouse retail stores. Wireless telecommunications facilities - non-stealth.