CC Ordinance 2196Ordinance No. 2196
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CERTAIN SECTIONS OF TITLE 21 (Zoning) OF THE CAMPBELL
MUNICIPAL CODE RELATING TO PAYDAY LENDING ESTABLISHMENTS
The City Council of the City of Campbell does ordain as follows
SECTION 1. Findings: There is significant evidence that payday lending businesses
significantly undermine the financial stability of low-income communities. Payday
lenders generally offer small, fourteen-day loans for which they charge effective interest
rates upwards of 460% annual percentage rate (APR). These businesses operate
almost exclusively in low-income neighborhoods and prey upon the City's most
financially vulnerable residents.
SECTION 2. Prohibition of Pavdav Lending in P-O District: Subsection D of Campbell
Municipal Code section 21.10.030 is amended to read as follows, with underlining
indicating new text and strikeouts (s#+keeat) indicating deleted text:
Prohibited uses in P-O (Professional Office) zoning district. The following uses
are prohibited:
1. Storage of commercial and industrial vehicles, except for the purpose of
loading and unloading-;
2. The storage or warehousing of merchandise or products in the building or on
the premises, unless otherwise approved-;
3. The outdoor storage of merchandise or products.-;
4. The assembly, compounding, manufacturing, or processing of merchandise or
products, except such as are customarily incidental or essential to permitted
retail commercial and service uses:;
5. Any use which is obnoxious or offensive or creates a nuisance to the
occupants or commercial visitors of adjacent buildings or premises by reason of
the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam,
vibrations, or similar disturbances:;
6. Pavdav lender;
7. Any use inconsistent with state or federal law.
SECTION 3. Prohibition of Pavdav Lending in C-1 District: Subsection D of Campbell
Municipal Code section 21.10.040 is amended to read as follows, with underlining
indicating new text and strikeouts (strilceeat) indicating deleted text:
Page 1 of 12
Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The following
uses are prohibited:
1. Storage of industrial vehicles, except for the purpose of loading and
unloading-;
2. The storage or warehousing of merchandise or products.in the building or on
the premises for sale other than at retail on the premises.-;
3. The outdoor storage of merchandise or products, unless otherwise approved-;
4. The assembly, compounding, manufacturing, or processing of merchandise or
products, except such as are customarily incidental or essential to permitted
retail commercial and service uses-;
5. Any use which is obnoxious or offensive or creates a nuisance to the
occupants or commercial visitors of adjacent buildings or premises by reason of
the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam,
vibrations, or similar disturbances-;
6. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.)-;
7. Pavdav lender;
8. Any use inconsistent with state or federal law.
SECTION 4. Requirement for Use Permit for Pavdav Lending in C-2 District: Subsection
C of Campbell Municipal Code section 21.10.050 is amended to read as follows, with
underlining indicating new text and strikeouts (s#rikeeut) indicating deleted text:
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. Broadcast and recording studios;
7. Caretaker/employee housing (not to exceed six hundred forty square feet and
one bedroom);
8. Cat and dog day care facilities;
r
Page 2 of 12
9. Cat and dog grooming facilities;
10. Cat Boarding facilities;
11. Check cashing;
12. Commercial day care centers;
13. Commercial schools;
14. Community/cultural/recreational centers;
15. Convalescent/rest homes;
16. Convenience markets/stores;
17. Conversion, commercial converted from residence;
18. Dancing and live entertainment;
19. Department stores;
20. Drive-in theaters;
21. Emergency shelters;
22. Equipment rental establishments;
23. Gasoline stations;
24. Golf courses and golf driving ranges;
25. Government offices and facilities (local, state or federal);
26. Grocery stores (greater than ten thousand square feet);
27. Hardware stores (greater than ten thousand square feet);
28. Health/fitness centers;
29. Hospitals;
30. Indoor amusement/entertainmenUrecreation centers;
31. Late night activities;
32. Liquor establishments (on-site consumption only);
33. Liquor stores (off-site consumption only);
34. Medical services, clinics;
35. Medical services, extended care;
36. Miniature golf courses;
Page 3 of 12
37. Motor vehicle -cleaning, washing, and detailing;
38. Motor vehicle -oil change facilities;
39. Motor vehicle -parts and supplies (very limited maintenance/installation);
40. Motor vehicle -renting and leasing;
41. Motor vehicle -sales (new and/or used);
42. Museums, public;
43. Music (recordings) stores;
44. Nightclubs with or without food service;
45. Outdoor active activities (e.g., drive-up windows);
46. Outdoor amusement/entertainment/recreation centers;
47. Outdoor retail sales and activities;
48. Outdoor seating, when more than twelve total seats;
49. Payday lender, subject to the requirements of section 21.36.260;
50. Personal services, limited;
51. Pet stores;
52. Pharmacies/drug stores, with drive-up service;
53. Philanthropic collection trailers;
54. Public assembly uses;
55. Public utility structures and service facilities;
56. Public works maintenance facilities and storage yards;
57. Radio or television transmitters;
58. Radio stations;
59. Recycling facilities -reverse vending machines;
60. Recycling facilities -small collection facility;
61. Restaurants with late night activities or banquet facilities;
62. Restaurants, fast food (with or without drive-in service);
63. Schools - K-12, private;
64. Second hand/thrift stores;
Page 4 of 12
65. Shopping centers (greater than ten thousand square feet);
66. Sign shops;
67. Spa services;
68. Studios, large;
69. Studios, small;
70. Tanning studios;
71. Theaters, movie or performing arts;
72. Transitional housing;
73. Tutoring center, large;
74. Tutoring center, small;
75. Universities/colleges, private;
76. Veterinary clinics and animal hospitals;
77. Video rental stores;
78. Warehouse retail stores;
79. Wireless telecommunications facilities -non-stealth.
SECTION 5. Prohibition of Payday Lending in C-3 District: Subsection D of Campbell
Municipal Code section 21.10.060 is amended to read as follows, with underlining
indicating new text and strikeouts (strikeout) indicating deleted text:
Prohibited uses in C-3 (Central Business District) zoning district. The following
uses are prohibited in the C-3 district:
1. Storage of industrial vehicles, except for the purpose of loading and unloading;
2. The storage or warehousing of merchandise or products in the building or on
the premises for sale other than at retail on the premises;
3. The outdoor storage of merchandise or products, unless otherwise approved,
in compliance with subsection H of this section;
4. The assembly, compounding, manufacturing or processing of merchandise or
products, except such as are customarily incidental or essential to permitted
retail commercial and service uses;
5. 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;
Page 5 of 12
6. Auto repair;
7. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.);
8. Pavdav lender;
9. Any use inconsistent with state or federal law.
SECTION 6. Prohibition of Pavdav Lending in C-M District: Subsection D of Campbell
Municipal Code section 21.10.070 is amended to read as follows, with underlining
indicating new text and strikeouts (s#ikeeat) indicating deleted text:
Prohibited uses in C-M (Controlled Manufacturing) zoning district. The following
uses are prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by
reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke,
steam, vibrations, or similar disturbances;
2. The use of any building that was constructed as a residential structure. Such
building is considered nonconforming and subject to the provisions of Chapter
21.58 (Nonconforming Uses and Structures);
3. The storage of raw, in process, or finished material and supplies, and of waste
materials outside of an enclosed building;
4. All incineration;
5. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.);
6. Pavdav lender;
7. Any use inconsistent with state or federal law.
SECTION 7. Prohibition of Pavdav Lending in M-1 District: Subsection D of Campbell
Municipal Code section 21.10.080 is amended to read as follows, with underlining
indicating new text and strikeouts (s#ikeeut) indicating deleted text:
Prohibited uses in M-1 (Light Industrial) zoning district. The following uses are
prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by
reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke,
steam, vibrations, or similar disturbances;
2. The use of any building that was constructed as a residential structure. Such
building is considered nonconforming and subject to the provisions of Chapter
21.58 (Nonconforming Uses and Structures);
Page 6 of 12
3. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.);
4. Pavdav lender;
5. Any use inconsistent with state or federal law.
SECTION 8. Prohibition of Pavdav Lending in C-PD District: Subsection D of Campbell
Municipal Code section 21.12.020 is amended to read as follows, with underlining
indicating new text and strikeouts (s#ikeeat) indicating deleted text:
Restrictions. The C-PD zoning district is the only zoning district in which the
construction of new condominiums, or the conversion of existing residential,
commercial, or industrial structures to condominiums, is allowed. The following
uses are expressly prohibited:
1. Any use inconsistent with state or federal law-;
2. Pavdav lender. ,
SECTION 9. Prohibition of Pavdav Lending in P-D District: Subsection F of Campbell
Municipal Code section 21.12.030 is amended to read as follows, with underlining
indicating new text and strikeouts (°'•~at) indicating deleted text:
Prohibited uses in the P-D (Planned Development) zoning district. The following
uses are prohibited:
1. Any business that includes smoking tobacco on site (e.g., smoking lounges,
hookah lounges, etc.)-;
2. Pavdav lender;
3. Any use inconsistent with state or federal law.
SECTION 10. Prohibition of Pavdav Lending in P-F District: Subsection E of Campbell
Municipal Code section 21.12.040 is amended to read as follows, with underlining
indicating new text and strikeouts (~'~~rit) indicating deleted text:
Uses prohibited. The following uses are prohibited in the P-F zoning district:
1. Storage of commercial or industrial vehicles, except for the purpose of loading
or unloading;
2. Storage of equipment, materials, or supplies for commercial or industrial
purposes;
3. Pavdav lender;
4. Any use inconsistent with state or federal law.
Page 7 of 12
SECTION 11. Reorganization of Provision for P-F/OS District: Subsection D of
Campbell Municipal Code section 21.12.050 is amended to read as follows, with
underlining indicating new text and strikeouts (°'~~~) indicating deleted text:
Development standards. New land uses and structures, and alterations to
existing uses or structures shall be designed, constructed, and/or established in
compliance with the requirements in Table 2-16 (General Development
Standards - P-F/O-S Zoning District), in addition to the general development
standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development
and Operational Standards).
SECTION 12. Prohibition of Pavdav Lender in PF/OS District: Subsection E is added to
Campbell Municipal Code section 21.12.050 to read as follows:
Prohibited Uses in the PF/OS zoning district. The following uses are prohibited:
1. Pavdav lender;
2. Any use inconsistent with state or federal law.
SECTION 13. Liquor stores: Section 21.36.110 of Campbell Municipal Code is
amended to read as follows with underlining indicating new text:
This section provides locational and operational standards for the establishment
of off-site alcoholic beverage sales, in compliance with Article 2 (Zoning
Districts), which shall be subject to the following criteria and standards:
A. Conditional use permit required. Off-site alcoholic sales establishments shall
be allowed by conditional use permit, in compliance with Chapter 21.46,
(Conditional Use Permits), and subject to all of the restrictions of the applicable
zoning district.
B. Plans. Plot plans, landscaping and irrigation plans, and floor plans shall be
subject to the approval of the planning commission.
C. Proximity to sensitive receptors. All off-site alcoholic sales establishments,
except grocery stores, shall be separated from a park, playground, or school a
minimum distance of 300 feet measured between the nearest property lines.
D. Proximity to other establishments. All off-site alcoholic establishments,
except grocery stores, shall be a minimum of 500 feet from another such use,
either within or outside the city.
Page 8 of 12
E. Additional conditions. The planning commission may add additional
conditions required to protect the public health, safety, and general welfare of
the community.
F. Proximity to pavdav lenders. All off-site alcoholic establishments, except
grocery stores, shall be a minimum of 500 feet from any pavdav lender either
within or outside the city.
SECTION 14. Restrictions on Payday Lending Establishments: Section 21.36.260 is
hereby added to Chapter 21.36 of the Campbell Municipal Code to read as follows with
underlining indicating new text:
Payday Lending Establishments.
A. Conditional use permit required. Pavdav lending establishments shall be
allowed by conditional use permit, in compliance with Chapter 21.46 (Conditional
Use Permits), and subject to all of the restrictions of the C-2 (General
Commercial) zoning district.
B. Locational Requirements. Pavdav lenders shall meet all of the following
conditions:
1. No pavdav lenders shall be located in any zone in the city other than
the C-2 (General Commercial) zoning district.
2. No payday lenders shall be located within a low income census tract, as
defined by the area inside San Tomas Expressway and South Winchester
Boulevard, from the intersection of San Tomas Expressway and South
Winchester Boulevard, north to the city limits.
3. No pavdav lenders shall be located within 500 feet from any off-site
alcoholic establishment, except grocery stores, either within or outside the
cif
4. Except as provided in subsection C, in no event shall there be more
than three pavdav lenders within the Citv.
5. Pavdav lenders may be permitted in the following commercial
quadrants as indicated in Figure 3-15, upon filing an application for a
Conditional Use Permit and satisfying the required findings to support
such use. In no event shall there be more than one payday lender in each
commercial quadrant.
a. West Hamilton Avenue, west of San Tomas Expressway;
b. East Hamilton Avenue, east of South Winchester Boulevard and
west of Highway 17;
Page 9 of 12
c. South Bascom Avenue, north of Dry Creek Road;
d. Camden Avenue and South Bascom Avenue. south of Camden
Avenue;
e. South Winchester Boulevard, south of Sunnyoaks Avenue
Figure 3-15
Commercial Quadrants
..
;• .~
,' a~ ~~:~,...: b
,~.
c•
..
. .
~:-_.._
. .
~~ s.
4
~..
4 ~~~ ; ~•. '. ~.
e: a •, ~
_ ~.
.~; •:~
.~ . .~~.
~ ~ N
~ ~
.• .; _. .
\ ... .
C. Nonconforming Uses. Anv use of real orooertv lawfully existing on the
effective date of this section, which does not conform to the provisions of this
section, but which was constructed, operated, and maintained in compliance with
all previous regulations, shall be regarded as a nonconforming use and may
continue in compliance with the regulations of Section 21.58.040. Upon obtaining
a Conditional Use Permit, anon-conforming pavdav lender that was in existence
prior to the effective date of this section may relocate at any time into one of the
commercial quadrants identified in paragraph 5 of subsection B even if the total
number of pavdav lenders in the City exceeds three.
Notwithstanding the above provision, nonconforming uses shall come into
compliance with the operational requirements of subsection D of this section
within 30 davs of the effective date of the ordinance enacting this section.
D. Operational Requirements. Payday lenders shall meet all of the following
conditions:
Page 30 of 12
1. Hours of operation must be between the hours of 7 a.m. to 7 p.m. daily.
2. No security bars shall be placed on doors or windows.
3. Notwithstanding any other provision of the Municipal Code window
signs shall not exceed 10 percent of the window area per facade.
SECTION 15. Definition of Banks and Financial Services: The definition of "Banks and
financial services" in subsection B of Section 21.72.020 of the Campbell Municipal Code
is amended to read as follows, with underlining indicating new text and strikeouts
(~'•~~.,.~~^at) indicating deleted text:
"Banks and financial services" means financial institutions including:
1. Banks and trust companies;
2. Credit agencies;
3. Holding (but not primarily operating) companies;
4. Lending and thrift institutions;
5. Other investment companies;
6. Securities/commodity contract brokers and dealers;
7. Security and commodity exchanges;
8. Vehicle finance (equity) leasing agencies.
" ." But "Banks and financial services" does not
include "Check cashing or Pavdav lending."
SECTION 16. Definition of Pavdav lender: Subsection P of Section 21.72.020 of the
Campbell Municipal Code is amended to insert the following definition of "Payday
lender" between the definitions of "Parks, public" and "Personal services, limited," to
read as follows, with underlining indicating new text:
"Pavdav lender" means a retail business owned or operated by a "licensee" as
that term is defined in California Financial Code section 23001(d), as amended
from time to time.
SECTION 17. This Ordinance shall become effective (30) days following its passage
and adoption and shall be published once 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.
Page 11 of 12
PASSED AND ADOPTED this 2"d day of February, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
~ 1
J on T. Baker, Mayor
ATTEST:
~~t~ M~~
Wendy od, City Clerk
Page 12 of 12