CC Ordinance 2199Ordinance No. 2199
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 MASSAGE ESTABLISHMENTS
The City Council of the City of Campbell does ordain as follows:
SECTION 1. Findings: Government Code Sections 51030-51034 provide authority for
the legislative bodies of California cities to license and regulate the business of
massage. In enacting these amendments, the city council recognizes that massage is a
viable professional field offering the public valuable health and therapeutic services. The
city council further recognizes that unless properly regulated, the practice of massage
and the operation of massage establishments may be associated with unlawful activity
and pose a threat to the quality of life in the community. Therefore, it is the purpose and
intent of these amendments to regulate massage establishments and practices in order
to protect public health, safety, and welfare. The regulations are intended to reduce or
prevent blight, protect and preserve the quality of commercial and residential properties,
and deter criminal activity.
SECTION 2. Regulations for Massage Establishments: Section 21.36.270 is hereby
added to Chapter 21.36 of the Campbell Municipal Code (Provisions Applying to Special
Uses) to read as follows:
21.36.270 -Massage Establishments.
A. Purpose. The City has broad control over land use regulation of massage
establishments in order to manage such establishments in the best interests of
the City of Campbell. This Section is designed to provide for and to regulate
massage establishment uses where they are allowed in compliance with the
provisions of Campbell Municipal Code Article 2 (Zoning Districts) and Chapter
5.48 (Massage Establishments and Therapists).
B. Conditional Use Permit.
1. On and after [Effective Date of Ordinance], a conditional use permit shall
be required for massage establishment uses in compliance with Chapter
21.46 (Conditional Use Permits).
2. Mandatory Concurrent Application for Massage Establishment Permit. A
massage establishment permit, and any renewal thereof, shall be filed with
the Chief of Police, pursuant to Section 5.48 (Massage Establishments and
Therapists) of the Municipal Code. The Conditional Use Permit shall not be
granted until a massage establishment permit is issued by the Chief of Police.
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C. Overconcentration /Location Requirements.
1. No massage establishment shall be located in any zone in the city other than
the C-2 (General Commercial) and P-O (Professional Office) zoning districts.
2. A massage establishment use shall not be located within three hundred feet
of another existing massage establishment use, as measured from the edge
of the property line of each property.
3. Massage Establishments may be permitted in only the following commercial
quadrants as indicated in Figure 3, 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 two massage establishments in each
commercial quadrant.
a. West Hamilton Avenue and South Winchester Boulevard--west
of Winchester Boulevard;
b. East Hamilton Avenue and South Winchester Boulevard--east of
Winchester Boulevard and west of Highway 17;
c. East Hamilton Avenue, east of Bascom Avenue
d. Bascom Avenue, north of Dry Creek Road;
e. Camden Avenue and South Bascom Avenue, south of Curtner
Avenue;
f. South Winchester Boulevard, south of San Tomas Expressway
Figure 3
Commercial
Quadrants
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D. Operational Standards. Except as specifically required in the Massage
Establishment Permit issued by the Chief of Police and pursuant to the
provisions of Chapter 5.48, all massage establishments shall comply with the
regulations and restrictions applicable to the zoning district in which it is located
and with the following operating requirements:
1. Owner/Operator. It shall be unlawful for any operator to own, manage, or
operate a massage establishment in or upon any premises within the city
without having a current massage establishment permit issued by the Chief of
Police pursuant to the provisions of Chapter 5.48;
2. Hours of Operation. No massage establishment shall be kept open for
business and no massage therapist shall administer massages before the
hour of 7:00 a.m. or after the hour of 10:00 p.m.;
3. Window Coverage. No massage business located in a building or structure
with exterior windows fronting a public street, highway, walkway, or
parking area shall, during business hours, block visibility into the interior
reception or waiting area through the use of curtains, closed blinds, tints,
or any other material that obstructs, blurs, or unreasonably darkens the
view into the premises. For the purpose of this sub-section, there is an
irrebuttable presumption that the visibility is impermissibly blocked if
more than 10 percent of the .interior reception or waiting area is not
visible from the exterior window.
4. Nonconforming uses shall come into compliance with the operational
standards of this subsection within 30 days of the effective date of the
ordinance enacting this Section.
E. Non-conforming Massage Establishments.
1. Any use of real property lawfully existing ornthe effective date of this section,
which does not conform to the provisions of this Section, but which was
established, operated, and maintained in compliance with all previous
regulations, shall be regarded as a nonconforming use and may continue at
its existing location in compliance with the regulations of Section 21.58.040.
2. Discontinued Use. 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. 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
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business receipts/records available to provide evidence that the use is in
continual operation;
Annexed property. Any massage establishment that is a legal use at the time
of annexation of the property into the city, but which does not conform to the
provisions of this Section, shall be terminated within one year of the date of
annexation.
SECTION 3. DEFINITION OF "SPA SERVICES": The definition of "Spa Services" in
Campbell Municipal Code section 21.72.020 is amended to read as follows, with
underlining indicating new text and strikeouts (stf+keeat) indicating deleted text:
"Spa Services /Health Spa" means an establishment that provides a combination of
hair, nail, and/or skin care; waxing; facials; massage and other similar services to
customers for financial compensation and may include a sauna, whirlpool, and other
similar amenities for the incidental use of patrons. Spa Services /Health Spa shall not
mean a beauty shop, nail shop, barber shop, or massage establishment where the
active primary use of the establishment does not encompass a full range of services
identified in the preceding sentence, but is focused on only one or two of the uses listed
in this sentence.
SECTION 4. DEFINITION OF "PERSONAL SERVICES": The definition of "Personal
services" in Campbell Municipal Code section 21.72.020 is amended to read as follows,
with underlining indicating new text and strikeouts (stf+keet+t) indicating deleted text:
"Personal services" means establishments providing non-medical services as a primary
use, including: 1. Barber and beauty shops; 2. Clothing rental; 3. Dry cleaning pick-up
stores with limited equipment; 4. Home electronics and small appliance repair;
5. Laundromats (self-service laundries); 6. Nail shops; 7. Shoe repair shops; 8. Tailors.
T "Personal services" may also include accessory retail sales of products
related to the services provided.
The term "personal services" does not include massage establishments. T
The term "personal services" does not include body piercing, psychic readers, tattoo
parlors, or any of the other uses listed under "Personal services, limited."
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SECTION 5. Permitted uses in C-1 (Neighborhood Commercial) zoning district:
The list of permitted uses in Subsection B of Campbell Municipal Code section
21.10.040 is amended to read as follows, with underlining indicating new text and
strikeouts (stfikeeut) indicating deleted text:
1. Automated teller machines (ATM's);
2. Banks and financial services;
3. Catering business, only when ancillary to a restaurant;
4. Dry cleaning;
5. Grocery stores (under ten thousand square feet);
6. Hardware stores (under ten thousand square feet);
7. Laundromats, self-service;
8. Libraries, public;
9. Light rail passenger terminals;
10. Meat markets;
~. 11. Offices, professional;
12. Outdoor seating, when twelve total seats or less;
a-4- 13. Parking lots/structures, public;
a5- 14. Personal services, general;
4~ 15. Pharmacies/drug stores;
4~ 16. Photocopying;
4>~. 17. Photography studio/supply shop;
a-9. 18. Repair and maintenance, consumer products;
29. 19. Restaurants or cafes (excluding fast food or drive-ins);
~. 20. Retail stores, general merchandise;
2-2. 21. Satellite television or personal Internet broadband dishes/antenna (less than
three feet in diameter);
23. 22. Schools K-12, public;
24. 23. Shopping centers (under ten thousand square feet);
~5. 24. Travel agencies;
26. 25. Universities/colleges, public;
2-~ 26. Vending machines;
~. 27. Wireless telecommunications facilities -stealth (requires approval of a site
and architectural review permit).
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SECTION 6. Permitted uses in C-2 (General Commercial) zoning district: The list of
permitted uses in Subsection B of Campbell Municipal Code section 21.10.050 is
amended to read as follows, with underlining indicating new text and strikeouts
(~*~~et) indicating deleted text:
1. Ambulance service;
2. Artisan products, small-scale assembly;
3. Automated teller machines (ATM's);
4. Banks and financial services;
5. Blueprinting shops;
6. Catering business, only when ancillary to a restaurant;
7. Dry cleaning;
8. Furniture, furnishings, and equipment stores (greater than ten thousand square
feet);
9. Furniture, furnishings, and equipment stores (under ten thousand square feet);
10. Garden centers/plant nurseries;
11. Grocery stores (under ten thousand square feet);
12. Handicraft industries, small scale assembly;
13. Hardware stores (under ten thousand square feet);
14. Hotels;
15. Laundromats, self-service;
16. Libraries, public;
17. Light rail passenger terminals;
1R ~An~c. Hive e~MhG~.hmenM~
a-g. 18. Medical services, laboratories;
28. 19. Motels;
~. 20. Offices, professional;
~. 21. Outdoor seating, when twelve total seats or less;
~3. 22. Parking lots/structures, public;
~4. 23 .Personal services, general;
~. 24. Pharmacies/drug stores;
~. 25. Photocopying;
2~. 26. Photography studio/supply shop;
~. 27. Repair and maintenance, consumer products;
2-g. 28. Restaurants or cafes (excluding fast food or drive-ins);
30. 29. Retail stores, general merchandise;
3~. 30. Satellite television or personal Internet broadband dishes/antenna (less than
three feet in diameter);
32. 31. Schools K-12, public;
33. 32. Shopping centers (under ten thousand square feet);
34. 33. Travel agencies;
35. 34. Universities/colleges, public;
36. 35. Vending machines;
3~. 36. Wireless telecommunications facilities -stealth (requires approval of a site
and architectural review permit).
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SECTION 7. Conditional uses in C-2 (General Commercial) zoning district: The list
of uses allowed with a conditional use permit in Subsection C of Campbell Municipal
Code section 21.10.050 is amended to read as follows, with underlining indicating new
text and strikeouts (strikee~+t) indicating deleted text:
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Adult day care facilities;
Alternative fuels and recharging facilities;
Arcades;
Banquet facilities;
Bed and breakfast inns (only in historic structures);
Broadcast and recording studios;
Caretaker/employee housing (not to exceed
bedroom);
Cat and dog day care facilities;
Cat and dog grooming facilities;
Cat Boarding facilities;
Check cashing;
Commercial day care centers;
Commercial schools;
Community/cultural/recreational centers;
Convalescent rest homes;
Convenience markets/stores;
six hundred forty square feet and one
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 ten thousand square feet);
Hardware stores (greater than ten thousand square feet);
Health/fitness centers;
Hospitals;
Indoor amusement/entertainment recreation centers;
Late night activities;
Liquor establishments (on-site consumption only);
33. Liquor stores (off-site consumption only);
34. Massage Establishments;
~4. 35. Medical services, clinics;
35. 36. Medical services, extended care;
~6. 37. Miniature golf courses;
37. 38. Motor vehicle -cleaning, washing, and detailing;
3S. 39. Motor vehicle -oil change facilities;
39. 40. Motor vehicle -parts and supplies (very limited maintenance/installation);
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48. 41. Motor vehicle -renting and leasing;
44. 42. Motor vehicle -sales (new and/or used);
42. 43. Museums, public;
4,3. 44. Music (recordings) stores;
44. 45. Nightclubs with or without food service;
45. 46. Outdoor active activities (e.g., drive-up windows);
46. 47. Outdoor amusement/entertainment/recreation centers;
4~. 48. Outdoor retail sales and activities;
48. 49. Outdoor seating, when more than twelve total seats;
4-S. 50. Personal services, limited;
~0. 51. Pet stores;
~. 52. Pharmacies/drug stores, with drive-up service;
~. 53. Philanthropic collection trailers;
a3. 54. Public assembly uses;
54. 55. Public utility structures and service facilities;
~5. 56. Public works maintenance facilities and storage yards;
a6. 57. Radio or television transmitters;
~. 58. Radio stations;
~. 59. Recycling facilities -reverse vending machines;
5-9. 60. Recycling facilities -small collection facility;
6A. 61. Restaurants with late night activities or banquet facilities;
6~. 62. Restaurants, fast food (with or without drive-in service);
62. 63. Schools - K-12, private;
f3. 64. Second hand/thrift stores;
64. 65. Shopping centers (greater than ten thousand square feet);
65. 66. Sign shops;
f6. 67. Spa services;
67. 68. Studios, large;
66. 69. Studios, small;
68. 70. Tanning studios;
78. 71. Theaters, movie or performing arts;
~. 72. Transitional housing;
~. 73. Tutoring center, large;
~3. 74. Tutoring center, small;
~4. 75. Universities/colleges, private;
75. 76. Veterinary clinics and animal hospitals;
~6. 77. Video rental stores;
~. 78. Warehouse retail stores;
78. 79. Wireless telecommunications facilities -non-stealth.
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SECTION 8. Permitted uses in C-3 (Central Business District) zoning district: The
list of permitted uses in Subsection B of Campbell Municipal Code section 21.10.060 is
amended to read as follows, with underlining indicating new text and strikeouts
(~«~~at) indicating deleted text:
1. Retail business, including but not limited to clothing stores, department stores,
drugstores, furniture stores, toy stores, jewelry stores, shoe stores, florist shops and
gift shops subject to standards for alcohol sales in compliance with paragraph (F)
(Standards for alcohol sales in the C-3 zoning district), below. Does not include retail
business uses specified in paragraph (C) (Uses permitted with a conditional use
permit in the C-3 district).
2. Tutoring centers (small and large), studios (small and large), and professional
offices, except on the ground floor of parcels abutting East Campbell Averiue east of
Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet
from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes access
from East Campbell Avenue.
3. Service commercial establishments including but not limited to barber shops, beauty
parlors, dry cleaning, ,photographic studio, shoe repair shops,
and tailors, except on the ground floor of parcels abutting East Campbell Avenue
east of Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of fifty feet
from the East Campbell Avenue property line; and
b. The separate tenant space does not have a door or entrance that takes access
from East Campbell Avenue.
4. Outdoor seating and merchandise displays, subject to approval of an outdoor seating
and merchandise display permit in compliance with paragraph (H) (Standards and
permit requirements for outdoor seating and merchandise display), below.
5. Restaurants, subject to the provisions of paragraph (F) (Standards for alcohol sales
in the C-3 zoning district) and standards for live entertainment in compliance with
paragraph (G) (Standards for live entertainment in the C-3 zoning district), below.
6. Wireless telecommunications facilities-stealth (requires approval of a site and
architectural review permit).
7. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of
Provisions).
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SECTION 9. Conditional uses in C-M (Controlled Manufacturing) zoning district:
The list of permitted uses in Subsection C of Campbell Municipal Code section
21.10.070 is amended to read as follows, with underlining indicating new text and
strikeouts (stcikeeut) indicating deleted text:
Automated teller machines (ATM's);
2. Banks and financial services;
3. Catering business, only when ancillary to a restaurant;
4. Dry cleaning;
5. Grocery stores (under ten thousand square feet);
6. Hardware stores (under ten thousand square feet);
7. Laundromats, self-service;
8. Libraries, public;
9. Light rail passenger terminals;
a-1- 10. Meat markets;
~2. 11. Offices, professional;
12. Outdoor seating, when twelve total seats or less;
a4- 13. Parking lots/structures, public;
4~ 14. Personal services, general;
15. Pharmacies/drug stores;
~7- 16. Photocopying;
~. 17. Photography studio/supply shop;
a-g. 18. Repair and maintenance, consumer products;
28. 19. Restaurants or cafes (excluding fast food or drive-ins);
21.20. Retail stores, general merchandise;
~. 21. Satellite television or personal Internet broadband dishes/antenna (less than
three feet in diameter);
~3. 22. Schools K-12, public;
24. 23. Shopping centers (under ten thousand square feet);
~5. 24. Travel agencies;
~. 25. Universities/colleges, public;
2~ 26. Vending machines;
~. 27. Wireless telecommunications facilities -stealth (requires approval of a site
and architectural review permit).
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SECTION 10. Restrictions in C-PD (Condominium Planned Development) zoning
district.
The list of restrictions in Subsection D of Campbell Municipal Code section 21.12.020 is
amended to read as follows, with underlining indicating new text and strikeouts
(~*~at) indicating deleted text:
D. 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 prohibited:
1. Any use inconsistent with state or federal law.
2. Payday lender.
3. Massage Establishments.
SECTION 11. Prohibited Uses in PD (Planned Development) zoning district.
The list of prohibited uses in Subsection F of Campbell Municipal Code section
21.12.030 is amended to read as follows, with underlining indicating new text and
strikeouts (~'~~~) indicating deleted text:
F. 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. Payday lender.
3. Massage Establishments.
4. Any use inconsistent with state or federal law.
SECTION 12. 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.
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PASSED AND ADOPTED this 5th day of April, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Gibbons, Baker
NOES: Councilmembers: Cristina
ABSENT: Councilmembers: None
APPROVED:
Jason T B ra ekek Mayor
A ST:
Wendy o d, City Jerk
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