CC Ordinance 2213Ordinance No. 2213
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING VARIOUS SECTIONS OF TITLE 21 (ZONING CODE) OF THE
CAMPBELL MUNICIPAL CODE TO ALLOW PROVISION FOR THE PRUNEYARD
MASTER USE PERMIT, INCLUDING ITS LAND USE PROGRAM, ADMINISTRATIVE
PROCEDURES, AND MASTER SIGN PLAN, INCLUDING ALLOWANCE FOR A
FREEWAY-ORIENTED SIGN AND ROOFTOP SIGNAGE.
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 1. The City Council finds and determines that the adoption of the Zoning
Code amendment is a component of a private development application that has been
analyzed in compliance with the California Environmental Quality Act (CEQA) by
preparation of an Initial Study and a draft Mitigated Negative Declaration that has been
reviewed and adopted by the City Council.
SECTION 2. The City Council further finds and determines that the proposed Zoning
Code amendment is consistent with the goals, policies, and actions of the General Plan;
would not be detrimental to the public interest, health, safety, convenience, or general
welfare of the city; and is internally consistent with other applicable provisions of the
Zoning Code.
SECTION 3. Sign Definitions: The "R" definitions provided in Campbell Municipal Code
Section 21.30.020 (Definitions) are amended to read as follows with underlining
indicating new text and stfikeeuts (strikeout) indicating deleted text. Definitions not
referenced are not amended:
"ReaderBoard sign, electronic" means a sign intended for a periodically changing
advertising message whereby the periodically changing message is controlled by
means of electronic programming. This may also be referred to as an electronic
message center, electric readerBoard sign or programmable display sign.
"ReaderBoard sign, manual" means a sign intended for a periodically changing
advertising message whereby the individual letters or words are manually changed from
the exterior of the sign.
"Real estate sign" means a temporary sign indicating a particular premises or parcel
is for sale, lease or rent or open for viewing (e.g., sign advertising an open house).
"Regional Commercial Center" means a group or cluster of retail businesses
offices and hotel(s) sharing common pedestrian and off-street parking, and which are
located on parcel(s) of land having the following characteristics:
1. Minimum area of twenty acres uninterrupted or undivided by public streets and
Page 1 of 19
2. Abutted on at least two sides by public streets that intersect at one corner of the
commercial center, and by a freeway on one other side.
May consist of one or more legal parcels tied together by a binding legal agreement
providing rights of reciprocal vehicular parking and access and one or more
ownerships.
"Roof sign" or "roof-mounted" sign means a sign that is mounted upon a roof or
above a parapet or eave of a building or structure or above the highest point of the
ridgeline.
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Figure 3-10
Roof Sign
"Running neon" means neon lighting that outlines the shape or architectural
elements of a structure which shall be considered a sign for the purposes of this
chapter.
SECTION 4. Site Definition: The definition of "site" provided in Campbell Municipal
Code Section 21.30.020 (Definitions) is amended to read as follows with underlining
indicating new text and ^^*~,;,tiea~ (strikeout) indicating deleted text.
"Site" means ems.., + ^., o±heo .,;co r,,.,~,~oa :.. 4h~c nhnn+or the parcel or commercial
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center, whichever is larger, on which the business, accommodations, services, property,
products or commercial activities identified or advertised on a sign are located e, xcept
Page 2 of 19
as applied to freeway-oriented signs, for which the term "site" shall mean only the space
occupied by the subject business and any associated parking area or other common
areas utilized by the subject business on the same parcel. "Site." as applied to freeway-
oriented signs shall not include other tenant spaces or business locations whether or
not located on the same parcel or commercial center. The latter definition of the term
"site" shall not apply to a regional commercial center.
SECTION 5. Sign Permit Required: Subsection A (Sign permit required) of Campbell
Municipal Code Section 21.30.030 (Administrative procedures) is amended to read as
follows with underlining indicating new text and strikeouts (°'°'~at) indicating deleted
text.
A. Sign permit required. Signs, including temporary and permanent signs (except
those. exempt from these regulations as provided in Section 21.30.040 of this
chapter, and those permitted by issuance of a zoning clearance as authorized
by a regional commercial center master sign plan ~ shall not be erected,
created, altered, or allowed to be located (regardless of whether or not it is
initially erected, or painted by the property owner or lessee) unless:
1. A sign permit has been issued by the community development director in
compliance with the regulations of this chapter.
2. A building permit has been issued by the building official, as required by
the codes and ordinances of the city.
3. Any illegal or nonconforming signs associated with the business are made
to comply with the provisions of this chapter.
SECTION 6. Master Sign Plan: Subsection H (Master sign plan required) of Campbell
Municipal Code Section 21.30.030 (Administrative procedures) is amended to read as
follows with underlining indicating new text and strikeouts (°°*~~at) indicating deleted
text.
H. Master sign plan required.
Applicability. A master sign plan shall be required prior to the issuance of
a sign permit for:
a. New nonresidential projects with four or more tenants in
conjunction with the applicable development application;
b. Major rehabilitation work that involves the exterior remodeling of
an existing nonresidential project with four or more tenants. For
the purposes of this chapter, major rehabilitation means adding
more than fifty percent to the total square footage of the
building/buildings, or exterior redesign of more than fifty percent
of the length of the building's facade within the development; or
c. A sign application for a nonresidential project with four or more
tenants, which seeks approval of two or more signs.
Page 3 of 19
2. Decision-Making Body. The decision-making body for a master sign plan
shall be the community development director, except where a request for
a freeway-oriented sign, off-site sign, readerboard sign, an increase in
sign area an increase to sign height andlor an additional number signs is
included, which shall require approval of the master sign plan by the
Planning Commission or City Council pursuant to Section 21.30.030.C.
2-3Design elements. Signs covered by a master sign plan shall have the
following elements:
a. Uniform background in terms of color, illumination, and
materials;
b. Letter colors that are consistent with the approved master sign
plan;
c. Uniform sign type (e.g., channel letters or cabinet sign); and
d. Uniform location with building's design.
4. Regional commercial centers. A master sign plan for a regional
commercial center may include provision for roof-mounted signs. Request
for signs reviewed pursuant to a regional commercial center master sign
plan shall be granted by issuance of a zoning clearance.
~-5. Findings. In approving a master sign plan, the decision-making body shall
make the following findings:
a. That the signs are consistent with the requirements of this
chapter;
b. That the design complies with the design elements criteria listed
in subsection (u~H-3 of this section;
c. That both the location of the proposed signs and the design of
their visual elements (lettering, words, figures, colors, decorative
motifs, spacing, and proportions) are legible under normal
viewing conditions; and
d. That the location and design of the proposed signs do not
obscure existing or adjacent signs from view.
SECTION 7. Prohibited Signs: Subsection E (Roof-mounted signs) of Campbell
Municipal Code Section 21.30.050 (Prohibited signs) is amended to read as follows with
underlining indicating new text and strikeouts (°~«.~~t) indicating deleted text.
E. Roof-mounted signs. Roof-mounted signs are prohibited except as permitted by
a master sign plan for a regional commercial center.
Page 4 of 19
SECTION 8. Freeway-Oriented Signs: Subsection E (Freeway-oriented signs) of
Campbell Municipal Code Section 21.30.080 (Permanent Signs) is amended to read as
follows with underlining indicating new text and strikeouts (Q°*rvrrrncovt) indicating deleted
text.
E. Freeway-oriented signs. Signs located on parcels adjoining a freeway or
expressway and oriented to freeways or expressways shall comply with the
following standards:
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~1. Allowable Uses: The-Freeway-oriented signs shall be limited to
parcels that have the following uses that traditionally draw a significant
number of patrons from persons using regional expressways and
freeways and only when the use itself is not directly identifiable from the
freeway or expressway::
a. Gasoline stations;
b. Hotels and motels_ (stand-alone or as part of a regional
commercial center);
c. Commercial schools occupying at least fifteen thousand square
feet of building space;
d. Retail stores that occupy at least fifty thousand square feet of
building space;
e. Professional Office or Research and Development; properties
adjoining a freeway, located within one hundred feet of a
freeway interchange with a building tenant(s) that occupies at
least fifty thousand square feet of building space-~
f. Regional commercial center;
2. Allowable Number. The allowable number of freeway-oriented sign(s) per
parcel or site shall be as follows:
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a. Professional office and research and development: One wall
mounted freeway-oriented sign for each fifty thousand square
feet of building space occupied by a tenant, provided that there
be no more than two freeway-oriented wall mounted signs on a
building and no tenant shall be allowed mare than one freeway-
oriented sign.
b. Regional commercial center. One wall mounted freeway-
oriented sign and one free-standing freeway-oriented sign.
c. All other uses listed by subsection E.1 (Allowable uses). One
on-site freestanding or wall mounted freeway-oriented sign for
each parcel or commercial center, whichever is less, that
adjoins an expressway or freeway.
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3. Allowable size. The permitted size of allowable freeway-oriented signs
shall be as follows:
4.a. Freestanding freeway-oriented signs. A freestanding
freeway-oriented sign shall be the minimum height and size
necessary to achieve visibility from the freeway, or expressway,
but in no case shall it exceed forty-five feet in height and three
hundred fifty square feet in area.
fib. Wall-mounted freeway-oriented signs. Freeway-oriented wall
mounted signs shall be limited to one square foot of sign area
for each two linear feet of freeway property frontage, but in no
case shall a single sign exceed one hundred twenty-five square
feet total and the total sign area for freeway-oriented wall
mounted signs on a building shall not exceed two hundred
square feet.
c. Reaional commercial center. Each wall-mounted and
freestanding freeway-oriented sign shall be limited to three
hundred fifty square feet in area except that the total display
area for freeway-oriented signs within a regional commercial
center shall be no greater than five hundred square feet.
4. Roof-signs prohibited. Freeway-oriented signs that are "roof-mounted", as
defined by Section 21.30.020 of this chapter, are prohibited.
SECTION 9. Overlay/combining zoning district: Campbell Municipal Code Section
21.14.030 (O (Overlay) overlay/combining zoning district) is amended to read as follows
with underlining indicating new text and strikeouts (~+~tieIIt) indicating deleted text:
21.14.030 - O (Overlay) overlay/combining zoning district.
Page 6 of 19
A. Purpose. The purpose of the overlay district is to provide modifications, additions
and limitations to zoning districts to meet special conditions and situations
concerning properties within such zoning districts that cannot otherwise be treated
satisfactorily. The "O" overlay district may on~be combined with '",'the
commercial or industrial zoning districts identified by Chapter 21.10 (Commercial
and industrial districts) '~°°~^^'+°'~ ~^ +~° ' ^^~° ° °^++ti^ o i o n -,^,~ r on
z^^'^~.,.,,s a:str;~, which are referred to by this section as the "base zoning district".
The addition of an overlay district designated with any zoning district shall not
operate to reduce or eliminate any requirements established by the basic district
regulations, regulations applicable to all districts, or other requirements contained in
this chapter applicable to any district with. which the overlay district is added except
variations to lot area, lot width, open space in yard, setbacks, height and parking
space requirements, and as otherwise specified by the zoning code.
B. Conditional use permit required. No building, structure or use shall be created,
established, erected, constructed, enlarged, placed or installed in any zoning district
with which the overlay district is combined until a conditional use permit is issued
the City Council, upon recommendation of the Planning Commission in
conformance with the provisions of Chapter 21.46 (Conditional Use Permits). A
conditional use permit may also restrict the allowable uses that may be allowed in
the combined zoning district so long as such uses are not prohibited by the base
zoning district.
C. Master Use Permit. A conditional use permit for regional commercial center shall be
referenced as a master use permit.
1. Adoption. A master use permit shall be adopted by resolution of the City
Council, and shall become effective upon project establishment in
compliance with Section 21.56.030.B.1 (Issuance of Building Permit).
2. Boundaries. A master use permit shall be operative over the area for which a
Zoning Map Amendment has combined the "O" overlay district with a base
zoning district in compliance with Chapter 21.60 (Amendments (General
Plan, Zoning Code, and Zoning Map Amendments)).
3. Amendments. Any action requiring an amendment to a master use permit
shall be processed as follows:
a. Eliaibility. An Amendment may be initiated by written request of an
owner's association, or by an owner or business operator with the
written consent of the owner's association, if any.
b. Content of Reauest and Filina fees. A written request for an
amendment shall state the specific change(s) requested and the
purpose for the request. The filing fee for an amendment shall be the
same as that for a General Plan Amendment. as specified in the
Schedule of Fees and Charges
Page 7 of 19
c. Consideration Procedure. The City Council, upon recommendation of
the Planning Commission, shall approve, conditionally approve, or
deny a request for an amendment by resolution with respect to the
considerations provided in subsection D (Consideration in review of
applications) and the findings for a conditional use permit provided in
Section 21.46.040 (Findings and decision) in compliance with
procedures prescribed by Campbell Municipal Code Chapter 21.64
(Public Hearings):
4. Administrative authority. Notwithstanding anything in Chapter 21.42 (Site and
architectural review) or 21.46 (Conditional use permits), the Community
Development Director shall be the decision-making authority for
determination of a conditional use approval (termed "conditional use
authorization") or site and architectural review approval (termed "architectural
modification") as specified by a master use permit. The administrative
procedures provided in Chapter 21.71 (Administrative decision process) shall
be followed for all such requests.
5. Allowable land uses. Conditional and permitted land uses shall be as
specified by a master use permit.
6. Living document. A master use permit may be administratively modified by
the community development director as specified by procedures contained in
the master use permit.
7. Interpretation. The procedures for an Interpretation provided in Campbell
Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be
followed, including the provisions for an appeal, for any disagreement as to
the meaning of any provision contained in a master use permit.
8. Conflicts. Where a conflict may exist between the Zoning Code and a master
use permit, the provisions of the Zoning Code shall prevail; provided,
however, that any deviations from the requirements of the base zoning
district that are enacted under the authority of subsection A of this section
shall prevail over any conflicting requirements of the base zoning district.
9. Master sign plan. A master sign plan may be considered as a component of
a master use permit.
10. Extensions. Request for extensions of time shall be processed as an
Amendment pursuant to subsection 3 (Amendments).
GD_Consideration in review of applications. The community development director,
site and architectural review committee armplanning commission, and City Council
shall consider the following matters and others when applicable to their review of
development applications:
1. Considerations relating to traffic safety, traffic congestion, and site
circulation:
Page 8 of 19
a. The effect of the site development plan on traffic conditions on abutting
streets;
b. The layout of the site with respect to locations and dimensions of
vehicular and pedestrian entrances, exit driveways and walkways;
c. The arrangement and adequacy of off-street parking facilities to
prevent traffic congestion;
d. The location, arrangement and dimensions of truck loading and
unloading facilities;
e. The circulation patterns within the boundaries of the development; and
f. The surfacing and lighting of off-street parking facilities.
2. Considerations relating to landscaping:
a. The location, height and material of walls, fences, hedges, and screen
plantings to insure harmony with adjacent development or to conceal
storage areas, utility installations or other unsightly development;
b. The planting of ground cover or other surfacing to prevent dust and
erosion; and
c. The unnecessary destruction of existing healthy trees.
3. Considerations relating to buildings and site lay-out:
a. Consideration of the general silhouette and mass, including location on
the site, elevations and relation to natural plant coverage, all in
relationship to the neighborhood;
b. Consideration of exterior design in relation to adjoining structures in
height, bulk, and area openings, breaks in the facade facing on the
street, line and pitch of roof, and arrangement of structures on the
parcel; and
c. Consideration of special conditions and situations concerning the
property and the adjoining properties.
SECTION 10. Eligibility for Filing: Subsection A (Eligibility for filing) of Campbell
Municipal Code Section 21.38.030 (Application filing and fees) is amended to read as
follows with underlining indicating new text and strikeouts (°'•~at) indicating deleted
text:
A. Eligibility for filing. An Aapplication may be filed by owners of property, lessees
authorized by written consent of the owners, or others who have contracted to
purchase or lease the property contingent on the acquisition of necessary
permits from the city, which application shall be accompanied by a copy of the
contract, except as otherwise limited by Section 21.14.030.0.3 (Amendments).
Any applicant may be represented by an agent authorized in writing to file on
behalf of the applicant;
Page 9 of 19
SECTION 11. Site and Architectural Review Permit Reauired: Subsection A (Planning
Commission site and architectural review permit required) of Campbell Municipal Code
section 21.42.020 (Site and architectural review permit required) is amended to read as
follows with underlining indicating new text and strikeouts (~*~~„~:t) indicating deleted
text:
A. Planning Commission site and architectural review permit required. No use or
structure shall be constructed, created, enlarged, erected, installed, maintained,
or placed on any property in any zoning district until a site and architectural
review permit is approved by the Planning Commission, except as identified in
subsections B and C of this section and as otherwise specified by Section
21.14.030.0.4 (Administrative authority).
SECTION 12. Conditional Use Permit Required: Campbell Municipal Code section
21.46.020 (Conditional use permit required) is amended to read as follows with
underlining indicating new text and strikeouts (~+~~,t) indicating deleted text:
21.46.020 -Conditional use permit required.
No use shall be established in any existing structure, nor shall any structure be
constructed, created, enlarged, erected, installed, or placed on any site for which a
conditional use permit is required, in compliance with Article 2, (Zoning Districts), until
the conditional use permit has been granted, except as otherwise specified by Section
21.14.030.0.4 (Administrative authority).
SECTION 13. Special findings for Liquor Establishments: Campbell Municipal Code
section 21.46.070 (Special findings for liquor establishments) is amended to read as
follows with underlining indicating new text and strikeouts (s#tikeeut) indicating deleted
text:
21.46.070 -Special findings for liquor establishments.
Whenever a Conditional Use Permit is required for a liquor establishment by this
Zoning Code, the planning commission shall first find all the following conditions in
addition those findings identified in Section 21.46.040, are satisfied in order to approve
the Conditional Use Permit application, except for property located within an overlay
combining zoning district subject to a master use permit authorized by section
21.14.030.0 (Master use permit):
SECTION 14. Approval Authority: Subsection A (Approval authority) of Campbell
Municipal Code Chapter 21.71 (Administrative Decision Process) is amended to read as
follows with underlining indicating new text and strikeouts (°~+.~Qt) indicating deleted
text:
A. Approval authority. The community development director is the approval authority
for the following discretionary permits processed through the administrative decision
process:
Page 10 of 19
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions; and
4. Tree Removal Permits-;
5. Conditional Use Authorization (in compliance with Section 21.14.030.0.4
(Administrative authority): and
6. Architectural Modification (in compliance with Section 21.14.030.0.4
(Administrative authority).
SECTION 15. Extensions of Time: Subsection C (Extensions of time) of Campbell
Municipal Code Section 21.56.030 (Permit time limits and extensions) is amended to
read as follows with underlining indicating new text and strikeouts (strikeeut) indicating
deleted text:
C. Extensions of time.
1. The applicant may request an extension of the permit expiration date by filing a
written request for an extension no later than thirty days before the expiration of
the permit, together with the filing fee required by the city's schedule of fees and
charges.
2. The permittee has the burden of proof to establish, with substantial evidence
that the applicant has made a good faith effort to fulfill all the requirements of
the permit approval, the justification for extension of the permit.
3. The applicable decision-making body identified in subsection D of this section
may grant an extension for a period of time that is deemed commensurate with
the justification for the extension presented by the applicant, but in no event for
more than an aggregate total extension of twenty-four months beyond the
original approval time limit, unless conditions of approval authorize longer
extensions.
4. A request for an extension of time for property located within an overlay
combining zoning district shall be reviewed pursuant to the terms of a master
use permit as specified by Section 21.14.030.0.10 (Extensions).
SECTION 16. Decision-Making Body on Extensions: Subsection D (Decision-making
body) of Campbell Municipal Code Section 21.56.030 (Extension of time) is amended to
read as follows with underlining indicating new text and strikeouts (°'~~;n) indicating
deleted text:
D. Decision-making body.
1. Upon good cause shown, the first extension may be approved, approved with
modifications, or denied by the community development director for a maximum
period of twelve months beyond the original approval time limit. The community
development director may defer action on the extension and refer the
Page 11 of 19
application to the planning commission. This provision shall not apply to
property located within an overlay combining zoning district, as specified by
Section 21.14.030.0.10 (Extensions).
2. Subsequent extensions of permits approved by the planning commission,
beyond those allowed by the community development director, may only be
approved, approved with modifications or denied by the planning commission.
3. Subsequent extensions of permits approved by the City Council, beyond those
allowed by the community development director, may only be approved,
approved with modification, or denied by the City Council.
4. Permit extension decisions may be appealed in compliance with Chapter 21.62,
(Appeals).
SECTION 17. Major Changes: Subsection D (Major changes) of Campbell Municipal
Code section 21.56.060 (Amendments to an Approved Project) is amended to read as
follows with underlining indicating new text and strikeouts (°'•~at) indicating deleted
text:
D. Major changes.
1. Major changes include changes to the project involving features specifically
described in subsection (C)(2) of this section, and as specified by a master
use permit authorized by Section 21.14.030.0 (Master use permit) and shall
only be approved, modified, or denied by the decision-making body that
originally approved the permit.
2. A major change request shall be processed in the same manner as the
original permit or approval.
SECTION 18. Appeal of the Community Development Director's Decision: Subsection B
(Appeal of community development director's decisions) of Campbell Municipal Code
section 21.62.020 (Appeals from administrative decisions) is amended to read as
follows with underlining indicating new text and strikeouts (s#tikeeat) indicating deleted
text:
B. Appeal of community development director's decisions. The applicant or any other
interested party may file an appeal to the planning commission from any of the
following decisions made by the community development director:
1. Administrative planned development permits;
2. Administrative site and architectural review permits;
3. Fence exceptions;
4. Notice of intent to record;
5. Parking modification permits;
6. Reasonable accommodation; aa~
7. Tree removal permits-;
Page 12 of 19
8. Conditional Use Authorization (in compliance with Section 21.14.030.0.4
(Administrative authority); and
9. Architectural Modification (in compliance with Section 21.14.030.0.4
(Administrative authority).
SECTION 19. Liquor Stores: Campbell Municipal Code-section 21.36.110 (Liquor
stores) is amended to read as follows with underlining indicating new text and strikeouts
(°°*~o~;t) indicating deleted text:
21.36.110 -Liquor stores.
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, except for property located within
an overlay combining zoning district subject to a master use permit authorized by
Section 21.14.030.0 (Master use permit):
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.
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 payday lenders. All off-site alcoholic establishments, except
grocery stores, shall be a minimum of five hundred feet from any payday lender,
either within or outside the city.
SECTION 20. Parking Spaces Required: Subsection A (Parking requirements by land
use) of Campbell Municipal Code section 21.28.040 (Number of parking spaces
required) is amended to read as follows with underlining indicating new text and
strikeouts (°°*~~~„k~at) indicating deleted text:
A. Parking requirements by land use. Each land use shall be provided the number of
parking spaces required by Table 3-1, (Parking Requirements by Land Use), except
land uses located in the C-3 (Central Business District) zoning district, which are
subject to Section 21.10.060, (C-3 (Central Business) zoning district), and those
Page 13 of 19
located within an overlav combining zoning district subiect to a master use permit
authorized by section 21.14.030.C (Master use permit).
SECTION 21. Parking Modification Permit: Subsection A (Applicability) of Campbell
Municipal Code Section 21.28.050 (Parking modification permit) is amended to read as
follows with underlining indicating new text and strikeouts (~*~~,,,k~eRt) indicating deleted
text:
A. Applicability. An application for a parking modification permit shall be required by
the community development director in conjunction with an application for a land
use permit or zoning clearance whenever a proposed use or structure does not
provide the number of parking spaces required by this chapter or when the
number of parking spaces for an existing use or building is reduced to a lesser
number than required by this chapter, except for a development located within
an overlav combining zoning district.
SECTION 22. Revocations and Modification: Section 21.68.020 (Hearing and Notice) of
Campbell Municipal Chapter 21.68 (Revocations and Modifications) is amended as
follows with underlining indicating new text and strikeouts (~'~~at) indicating deleted
text:
21.68.020 -Hearing and Notice.
A. Notice of noncompliance. The community development director may issue a notice
of noncompliance for any failure to comply with a condition of a permit or for failure
to comply with any code, law, ordinance, regulation, or statute of the city, State, or
Federal governments, or if the use creates a nuisance.
B. Failure to comply with notice. If the noncompliance or nuisance is not abated,
corrected, or rectified, in compliance with Municipal Code Chapter 6.10 (Nuisance
Abatement and Property Maintenance Regulations) within the time specified in the
notice, the community development director may set a date for a public hearing.
C. Appropriate decision-making body. The decision-making body that originally
approved the permit may hold a public hearing to revoke or modify any permit
granted in compliance with the provisions of this Zoning Code. '
D. 10 days before hearing. Notice shall be delivered in writing to the applicant and
owner of the property for which the permit was granted at least 10 days before the
public hearing.
E. Deemed delivered. Notice shall be deemed delivered two days after being mailed,
first class, to the owner as shown on the last equalized assessment roll adopted by
the County of Santa Clara and to the project applicant, where the applicant is not
the owner of the subject property.
F Stay on further approvals. Should the community development director convene a
public hearing pursuant to this chapter for a property located within an overlav
combining zoning district subiect to a master use permit authorized by section
21 14.030 C (Master use permit) no further land use approvals shall be granted
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until all proceedings under this chapter have concluded or the instiaating violation
has been resolved.
SECTION 23. Decision-Making Table: Table 4-1 (Decision-Making Table) of Section
21.38.020 (Authority for land use and zoning decisions) is amended to read as follows
with underlining indicating new text and strikeouts (s#ikeeut) indicating deleted text:
Table 4-1
Decision-Making Body
i
Decision-making body and Role (1)
I
Type of Permit
or Decision Procedures Community planning
are found Development City Council
i in: ~
~ Director (2)
Commission
Land Use Permits and other Development Entitlements
Administrative Planned
Development Permits 21 12.030 Decision Appeal
i
~ Appeal
Administrative Site and - - ---
Architectural Review 21.42 Decision Appeal Appeal
Permits
I
i Conditional Use Appeal
Permits
I 21.46 Decision
Development
Agreements
21.52
Recommend
Decision
Fence Exceptions 21.18.060 Decision Appeal
Home Occupation __.. ...
21.44 Issuance
Permits
I
Parking Modification
21 28 050 Decision Decision/Appeal Decision/Appeal
Permit (5)
Planned Development 21.12.030
i Recommend Decision
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Permits
Pre-applications 21.41 Comments(4) Comments(4)
Reasonable 21.50 Decision Appeal Appeal
Accommodations
Sign Permits 21.30 Issuance(2) Decision(2) Decision(2)
Appeal(2) -
I
Site and Architectural
21.42
Decision( ,~
Appeal
Review Permits
Tree Removal Permits 21.32 Decision Appeal Appeal
Variances 21.48 Decision Appeal ',
Zoning Clearances ~ 21.40 ~ Issuance 1 l
Zoning Code Administration and Amendments
General Plan 21.60 Recommend Decision
Amendments
I
Interpretations ~ 21.02 Decision Appeal Appeal
Zoning Code 21.60 Recommend Decision
Amendments
i
_ J
--__
-
Zoning Map
Amendments 21.60 Recommend Decision
~
Notes:
(1) "Recommend" means that the decision-making body makes a recommendation to
a higher decision-making body; "issuance" means that the permit is a ministerial action
that is issued by the decision-making body; "decision" means that decision-making body
makes the final decision on the matter; "appeal" means that the decision-making body
may consider and decide upon appeals to the decision of an earlier decision-making
body, in compliance with Chapter 21.62, (Appeals).
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(2) A sign permit that meets the minimum requirements of the sign regulations
(Chapter 21.30) shall be reviewed and issued by the community development director.
Off-site signs, readerboard signs and signs that exceed the minimum requirements of
the sign regulations shall be reviewed by the planning commission and are appealable
to the city council. Freeway-oriented signs shall be reviewed by the city council after
recommendation by the planning commission. Signs for property located within an
overlay combining zoning district subject to a master use permit authorized by section
21.14.030.C (Master use permit) are reviewed as a Zoning Clearance.
(3) The decision-making body for a parking modification permit is the decision-making
body established for the accompanying land use permit application, except for
properties located in the C-3 (Central Business District) zoning district, where the city
council shall be the decision-making body.
(4) The pre-application process does not replace, but is ancillary to the land use
application process and does not result in, nor can the planning commission or
community development director, render a decision with regard to land use
entitlements, and nothing contained in the process precludes either the community
development director, planning commission or city council from approving or denying a
subsequent formal land use application.
(5) Decision-making authority for Site and Architectural Review Permits and Conditional
Use Permits is granted to the community development director for property located
within an overlay combining zoning district subject to a master use permit authorized by
section 21.14.030.C (Master use permit).
SECTION 24. Similar Uses: Subsection F (Allowable uses of land) of Campbell
Municipal Code Section 21.02.020 (Rules of interpretation) is amended to read as
follows with underlining indicating new text and strikeouts (~~*''R) indicating deleted
text:
F. Allowable uses of land. If a proposed use of land is not specifically listed in Article 2
(Zoning Districts) the use shall not be allowed, except as follows:
1. Similar uses allowed. The community development director may determine that
a proposed use not listed in Article 2 or specified by a master use permit
authorized by section 21.14.030.C (Master use permit) may be allowed as a
permitted or conditional use, or is not allowed. A determination by the
community development director that a use is not allowed may be appealed in
compliance with Chapter 21.62 (Appeals). In making this determination, the
community development director shall first find that:
a. The characteristics of, and activities associated with the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as
allowable, and will not involve a greater level of activity, dust, intensity,
noise, parking, population density, or traffic generation than the uses listed
in the zoning district;
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b. The proposed use will meet the purpose/intent of the zoning district that is
applied to the site; and
c. The proposed use will be consistent with the goals, objectives, and policies
of the General Plan and any applicable specific plan.
2. Applicable standards and permit requirements. When the community
development director determines that a proposed, but unlisted use is equivalent
to a listed use, the proposed use will be treated in the same manner as the
listed use in determining where the use is allowed, what permits are required,
and what other standards and requirements of this Zoning Code apply.
SECTION 25. Definitions: Campbell Municipal Code Section 21.72.010 (Purpose) is
amended to read as follows with underlining indicating new text and strikeouts
(~~*~~.~@eat) indicating deleted text:
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, except those
specified by a master use permit authorized by section 21.14.030.C (Master use
ermit . 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.
SECTION 26. Definition of Regional Commercial Center: Subsection R (DEFINITIONS,
"R.") of Campbell Municipal Code Section 21.72.020 (Definitions of specialized terms
and phrases) is amended to insert the following definition of "Regional Commercial
Center" between the definitions of "Recycling facilities" and "Repair and maintenance,
consumer products" to read as follows, with underlining indicating new text:
"Regional Commercial Center" means a group or cluster of retail businesses,
offices and hotel(s) sharing common pedestrian and off-street parking, and which are
located on parcel(s) of land having the following characteristics:
1. Minimum area of twenty acres uninterrupted or undivided by public streets; and
2. Abutted on at least two sides by public streets that intersect at one corner of the
commercial center, and by a freeway on one other side.
May consist of one or more legal parcels tied together by a binding legal agreement
providing rights of reciprocal vehicular parking and access, and one or more
ownerships.
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SECTION 27. Definition of Owner's Association: Subsection O (DEFINITIONS, "O.") of
Campbell Municipal Code Section 21.72.020 (Definitions of specialized terms and
phrases) is amended to insert the following definition of "Owner's Association" after the
definition of "Outdoor storage" to read as follows, with underlining indicating new text:
Owner's Association means an organization established under State law operated
in compliance with adopted covenants, codes, and restrictions (GCB's) or
comparable instrument, which collectively represents individuals with fee interest in
property within a subdivision, planned development, or condominium.
SECTION 28: 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 15~ day of November, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: Cristina
APPROVED:
G"- `" A
J son T. Baker, Mayor
ATT ~T:
Wendy Who ,City Clerk
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