PC Res 4371RESOLUTION NO. 4371
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE TO AMEND TITLE 21
(ZONING CODE) OF THE CAMPBELL MUNICIPAL CODE TO
ADOPT PROVISIONS TO REGULATE THE INSTALLATION AND
OPERATION OF COLLECTION CONTAINERS (DONATION
BINS). FILE NO. PLN2016-356
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2016-356:
1. The project consists of a Zoning Code Amendment amend Title 21 (Zoning Code) of
the Campbell Municipal Code to adopt provisions to regulate the installation and
operation of collection containers (donation bins).
2. The City has experienced a proliferation of collection container and their placement
in required parking stalls, required landscaped areas, in residential areas located in
many zoning districts of city, often without property owner's permission. The
proliferation of these containers in-and-of themselves contribute to visual clutter; and
in areas throughout the State, collection containers have contributed blight due to
graffiti, and the accumulation of debris and excess items outside of the collection
containers. They can also interfere with the proper collection of data concerning the
diversion of waste within the City from landfills.
3. The purpose of the proposed ordinance is to promote the health, safety, and/or
welfare of the public, and protect the property rights of the owners of the parcels on
which the collection containers are located, by providing minimum blight-related
performance standards for the operation of collection containers, including
establishing criteria to ensure that (1) material is not allowed to accumulate outside
of the collection containers, (2) the collection containers remain free of graffiti and
blight, (3) the collection containers are maintained in safe and sanitary conditions,
(4) the collection containers are not placed ,without the approval of the property
owners, (5) contact information is readily available so that the operators can be
contacted if there are any blight-related questions or concerns, and that operators
properly report information concerning the diversion of materials from landfills.
4. The proposed Zoning Code Amendment would be consistent with the General Plan
in that it will for enhanced maintenance of commercial properties and provide a
valuable use to the community:
Strategy LUT-5.3d: Commercial Centers: Review the design, use and upgrading of
commercial centers via the discretionary permit process, and ensure that
conditions of approval are adopted that require businesses to be well
kept and operated in a way that limit impacts to adjacent uses.
Strategy LUT-9.1b: Land Use Review: Review the types of land uses allowed in the City's.
zoning districts and revise, where appropriate, to assure greater
compatibility.
Planning Commission Resolution No. 4371 Page 2
PLN2016-356 -Recommending Approval an Collection Container Ordinance
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an
economic balance within the City while maintaining a balance with other
community land use needs, such as housing and open space, and while
providing high quality services to the community.
5. The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry.
6. Review and adoption of this Zoning Code Amendment is done in compliance with
California government Code Sections 65853 through 65857, which require a duly
noticed public hearing of the Planning Commission whereby the Planning
Commission shall provide its written recommendation to the City Council for its
consideration.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed amendment is consistent with the goals, policies, and actions of the
General Plan;
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the City;
3. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code; and
4. The proposed Text Amendment project is exempt from the California Environmental
Quality Act under Section 15061.b.3 because it has no potential for resulting in a
physical change to the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the .
City Council adopt the attached Ordinance (reference Exhibit ~ A) recommending
approval of the above described Zoning Code Amendment.
PASSED AND ADOPTED this 28th day of March, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Rich, Rivlin, Hernandez, Reynolds and Young
NOES: Commissioners:
ABSENT: Commissioners: Dodd
ABSTAIN: Commissioners:
APPROVED: ~~~~~~ ~~~'~~/C~~~
Yvonne Kendall, Chair "
ATTEST:
Paul Ke mo an, Secretary
EXFIIBIT A
Ordinance No.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CERTAIN SECTIONS OF TITLE 21 OF THE CAMPBELL MUNICIPAL
CODE RELATED TO THE REGULATION OF COLLECTION CONTAINERS
The City Council of the City of Campbell does ordain as follows:
SECTION 1. Location in C-1 Zoning District Subject to Permit: Subsection B of
Campbell Municipal Code section 21.10.040 is amended to read as follows, with
strikeouts (c+r~~,~~) indicating deleted text and underlining indicating new text:
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):
1. Automated teller machines (ATM's);
2. Banks and financial services;
3. Catering business, only when ancillary to a restaurant;
4. Collection containers, small, subject to obtaining a permit pursuant to section
21.36.245;
4-.5. Dry cleaning;
6. Grocery stores (under ten thousand square feet);
0:- 7. Hardware stores (under ten thousand square feet);
8. Laundromats, self-service;
8- 9. Libraries, public;
10. Light rail passenger terminals;
11. Meat markets;
44- 12. Offices, professional;
~? 13. Outdoor seating, when twelve total seats or less;
14. Parking lots/structures, public;
a-4: 15. Personal services, general;
4~ 16. Pharmacies/drug stores;
4~ 17. Photocopying;
4~ 18. Photography studio/supply shop;
19. Repair and maintenance, consumer products;
a-9: 20. Restaurants or cafes (excluding fast food or drive-ins);
21. Retail stores, general merchandise;
2=~- 22. Satellite television or personal Internet broadband dishes/antenna (less than
three feet in diameter);
22: 23. Schools K-12, public;
24. Shopping centers (under ten thousand square feet);
24 25. Travel agencies;
25- 26. Universities/colleges, public;
27. Vending machines;
28. Wireless telecommunications facilities -stealth (requires approval of a site and
architectural review permit).
SECTION 2. Other Recycling Facilities in C-1 Zoning District Subject to Use Permit:
Subsection C of Campbell Municipal Code section 21.10.040 is amended to read as
follows, with strikeouts (~+r~i:) indicating deleted text and underlining indicating new
text:
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. Broadcast and recording studios;
4. Commercial day. care centers;
5. Commercial schools;
6. Community/cultural/recreational centers;
7. Convalescent rest homes;
8. Convenience markets/stores;
9. Conversion, commercial converted from residence;
10. Dancing and live entertainment;
11. Emergency shelters;
12. Furniture, furnishings, and equipment stores (greater than ten thousand
square feet);
13. Furniture, furnishings, and equipment stores (under ten thousand square
feet);
14. Garden centers/plant nurseries;
15. Gasoline stations;
16. Government offices and facilities (local, state or federal);
17. Grocery stores (greater than ten thousand square feet);
18. Hardware stores (greater than ten thousand square feet);
19. Health/fitness centers;
20. Hotel;
21. Late night activities;
22. Liquor establishments;
23. Liquor stores;
24. Medical services, clinics;
25. Medical services, extended care;
26. Motel;
27. Museums, public;
Page 2 of 19
28. Music (recordings) stores;
29. Outdoor seating, when more than twelve total seats;
30. Pet stores;
31. Philanthropic collection trailers;
32. Public assembly uses;
33. Public utility structures and service facilities;
34. Radio or television transmitters;
35. Recycling facilities -reverse vending machines, other than such machines
with a permit issued pursuant to section 21.36.245;
36. Recycling facilities -small collection facility, other than such facilities with a
permit issued pursuant to section 21.36.245;
37. Restaurants with late night activities or banquet facilities;
38. Restaurants, fast food (with or without drive-in service);
39. Schools - K-12, private;
40. Shopping centers (greater than ten thousand square feet);
41. Spa services;
42. Studios, large;
43. Studios, small;
44. Tanning studios;
45. The use of any building that was constructed as a residential structure for a
commercial or office use;
46. Transitional housing;
47. Tutoring centers, large
48. Tutoring centers, small
49. Universities/colleges, private;
50. Veterinarian clinics and animal hospitals;
51. Video rental stores;
52. Warehouse retail stores;
53. Wireless telecommunications facilities -non-stealth.
SECTION 3. Location in C-2 Zoning District Subject to Permit: Subsection B of
Campbell Municipal Code section 21.10.050 is amended to read as follows, with
strikeouts (°+riL~) indicating deleted text and underlining indicating new text:
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):
1. Ambulance service;
2. Artisan products, small-scale assembly;
3. Automated teller machines (ATM's);
Page 3 of 19
4. Banks and financial services;
5. Blueprinting shops;
6. Catering business, only when ancillary to a restaurant;
7. Collection containers, large and small, subject to obtaining a permit pursuant
to section 21.36.245;
8. Dry cleaning;
9. Furniture, furnishings, and equipment stores (greater than ten thousand
square feet);
~-: 10. Furniture, furnishings, and equipment stores (under ten thousand square
feet);
~1-~ 11. Garden centers/plant nurseries;
44- 12. Grocery stores (under ten thousand square feet);
13. Handicraft industries, small scale assembly;
4~ 14. Hardware stores (under ten thousand square feet);
~-4 15. Hotels;
16. Laundromats, self-service;
4~ 17. Libraries, public;
18. Light rail passenger terminals;
4~ 19. Medical services, laboratories;
~9-: 20. Motels;
21. Offices, professional;
22. Outdoor seating, when twelve total seats or less;
~? 23. Parking lots/structures, public;
24. Personal services, general;
~4-. 25. Pharmacies/drug stores;
26. Photocopying;
27. Photography studio/supply shop;
28. Repair and maintenance, consumer products;
29. Restaurants or cafes (excluding fast food or drive-ins);
30. Retail stores, general merchandise;
31. Satellite television or personal Internet broadband dishes/antenna (less
than three feet in diameter);
32. Schools K-12, public;
3i 33. Shopping centers (under ten thousand square feet);
-x-34. Travel agencies;
34-. 35. Universities/colleges, public;
35- 36. Vending machines;
37. Wireless telecommunications facilities -stealth (requires approval of a
site and architectural review permit).
Page 4 of 19
SECTION 4. Other Recycling Facilities in C-2 Zoning District Subject to Use Permit:
Subsection C of Campbell Municipal Code section 21.10.050 is amended to read as
follows, with strikeouts (c+riL~~~) indicating deleted text and underlining indicating
new text:
C. 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;
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/entertainment/recreation centers;
31. Late night activities;
Page 5 of 19
32. Liquor establishments (on-site consumption only);
33. Liquor stores (off-site consumption only);
34. Massage Establishments;
35. Medical services, clinics;
36. Medical services, extended care;
37. Miniature golf courses;
38. Motor vehicle -cleaning, washing, and detailing;
39. Motor vehicle -oil change facilities;
40. Motor vehicle -parts and supplies (very limited
maintenance/installation);
41. Motor vehicle -renting and leasing;
42. Motor vehicle -sales (new and/or used);
43. Museums, public;
44. Music (recordings) stores;
45. Nightclubs with or without food service;
46. Outdoor active activities (e.g., drive-up windows);
47. Outdoor amusement/entertainment/recreation centers;
48. Outdoor retail sales and activities;
49. Outdoor seating, when more than twelve total seats;
50. Payday lender, subject to the requirements of section 21.36.260;
51. Personal services, limited;
52. Pet stores;
53. Pharmacies/drug stores, with drive-up service;
54. Philanthropic collection trailers;
55. Public assembly uses;
56. Public utility structures and service facilities;
57. Public works maintenance facilities and storage yards;
58. Radio or television transmitters;
59. Radio stations;
60. Recycling facilities -reverse vending machines, other than such
machines with a permit issued pursuant to section 21.36.245;
61. Recycling facilities -small collection facility, other than such facilities
with a permit issued pursuant to section 21.36.245;
62. Restaurants with late night activities or banquet facilities;
63. Restaurants, fast food (with or without drive-in service);
64. Schools - K-12, private;
65. Second hand/thrift stores;
66. Shopping centers (greater than ten thousand square feet);
67. Sign shops;
68. Spa services;
Page 6 of 19
69. Studios, large;
70. Studios, small;`
71. Tanning studios;
72. Theaters, movie or performing arts;
73. Transitional housing;
74. Tutoring center, large;
75. Tutoring center, small;
76. Universities/colleges, private;
77. Veterinary clinics and animal hospitals;
78. Video rental stores;
79. Warehouse retail stores;
80. Wireless telecommunications facilities -non-stealth.
SECTION 5. Location in C-M Zoning District Subject to Permit: Subsection B of
Campbell Municipal Code section 21.10.070 is amended to read as follows, with
strikeouts (°+riL~) indicating deleted text and underlining indicating new text:
B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The
following uses are permitted with a zoning clearance in compliance with
Chapter 21.40 (Zoning Clearances):
1. Artisan products, small-scale assembly;
2. Blueprinting shops;
3. Business support service;
4. Collection containers, large and small, subject to obtaining a permit pursuant
to section 21.36.245;
5. Clothing products manufacturing;
6. Electronics and equipment manufacturing;
6- 7. Food and beverage product manufacturing;
8. Furniture/cabinet shops;
9. Glass products manufacturing;
10. Handicraft industries, small-scale assembly;
a-9-: 11. Laundries/dry cleaning plants;
4~ 12. Light rail passenger terminals;
a-? 13. Machinery manufacturing;
14. Metal products fabrication;
a-4: 15. Offices, professional;
16. Paper products manufacturing;
17. Pharmaceutical manufacturing;
18. Plastics and rubber products;
Page 7 of 19
a-8-: 19. Printing and publishing;
4~ 20. Research and development;
2-0-: 21. Satellite television or personal Internet broadband dishes/antenna (less
than three feet in diameter);
22. Sign manufacturing;
~? 23. Textile products manufacturing;
24. Warehousing, wholesaling and distribution facility, incidental (less than
fifty percent of floor area);
~4: 25. Wireless telecommunications facilities -stealth (requires approval of a
site and architectural review permit).
SECTION 6. Location in M-1 Zoning District Subject to Permit: Subsection B of
Campbell Municipal Code section 21.10.080 is amended to read as follows, with
strikeouts (°~+ril~rrncc°^v'm'+~~.) indicating deleted text and underlining indicating new text:
B. Permitted uses in M-1 (Light Industrial) zoning district. The following uses
are permitted with a zoning clearance in compliance with Chapter 21.40
(Zoning Clearances):
1. Ambulance service.
2. Artisan products, small-scale assembly.
3. Blueprinting shops.
4. Business support service.
5. Clothing products manufacturing.
6. Collection containers, large and small, subject to obtaining a permit pursuant
to section 21.36.245;
5- 7. Electronics and equipment manufacturing.
8. Emergency shelters, only in that portion of the M-1 zone bounded
generally by Camden Avenue, Los Gatos Creek County Park; Hacienda
Avenue and Winchester Boulevard.
9. Food and beverage product manufacturing.
10. Furniture/cabinet shops.
a-0: 11. Glass products manufacturing.
a-a- 12. Handicraft industries, small-scale assembly.
~? 13. Laboratories.
4~ 14. Laundries/dry cleaning plants.
-1-4-. 15. Light rail lines.
16. Light rail passenger terminals.
17. Lumber and wood products, including incidental mill work.
4~ 18. Machinery manufacturing.
19. Metal products fabrication.
Page 8 of 19
4$ 20. Offices, professional.
2-0-: 21: Paper products manufacturing.
~-1- 22. Pharmaceutical manufacturing.
~2- 23. Plastics and rubber products.
24. Printing and publishing.
~4- 25. Repair and maintenance, consumer products.
26. Research and development.
27. Rug and upholstery cleaning.
28. Satellite television or personal Internet broadband dishes/antenna (less
than 3 feet in diameter).
29. Sign manufacturing:
30 Sign shops.
30-: 31. Textile products manufacturing.
~-1- 32. Trucking/freight terminals.
33. Warehousing, wholesaling and distribution facility, incidental.
34. Warehousing, wholesaling and distribution facility, primary.
~4-. 35. Wireless telecommunications facilities-stealth (requires approval of a
site and architectural review Permit).
35. 36. Sexually oriented business in compliance with Chapter 5.55 and
section 21.36.205 of this Code.
SECTI®N 7. Other Recycling Facilities in M-1 Zoning District Subject to Use Permit:
Subsection C of Campbell Muriicipal Code section 21.10.080 is amended to read as
follows, with strikeouts (c~riL~-m°cvuta) indicating deleted text and underlining indicating
new text:
C. Uses allowed with conditional use permit in M-1 (Light Industrial) zoning
district. The following uses are permitted with a conditional use permit in
compliance with Chapter 21.46 (Conditional Use Permits):
1. Ancillary retail uses serving industrial uses.
2. Ancillary retail operations associated with a lawfully established use which
occupy no more than 25% of the use's existing floor area.
3. Alternative fuels and recharging facilities.
4. Broadcast and recording studios.
5. Building material stores/yards.
6. Caretaker/employee housing.
7. Cat and dog day care facilities.
8. Cat and dog grooming facilities.
9. Cat Boarding facilities.
10. Catering business.
Page 9 of 19
11. Chemical products.
12. Construction equipment rentals.
13. Contractor's equipment yards.
14. Conversion, industrial converted from residence.
15. Dog Boarding facilities.
16. Emergency shelters, except as permitted in that portion of the M-1 zone
described in Section 21.10.080(8)(7).
17. Government offices and facilities (local,. State or federal).
18. Health/fitness centers.
19. Late night activities.
20. Marine sales (new and used), with/without service facilities.
21. Motor vehicle-cleaning, washing, and detailing.
22. Motor vehicle-dismantling.
23. Motor vehicle-leasing.
24. Motor vehicle-oil change facilities.
25. Motor vehicle-painting.
26. Motor vehicle-renting.
27. Motor vehicle-repair and maintenance (minor and major/only within an
enclosed structure).
28. Motor vehicle-repair and maintenance (minor/only within an enclosed
structure).
29. Motor vehicle-sales (new and/or used).
30. Motor vehicle-tune-up. .
31. Motor vehicle-tune-up-light duty only.
3'2. Motor vehicle-window tinting.
33. Outdoor storage.
34. Parking lots/structures, public.
35. Public assembly uses.
36. Public utility structures and service facilities.
37. Public works maintenance facilities and storage yards.
38. Radio or television transmitters.
39. Radio stations.
40. Recycling facilities -large collection facility, other than such facilities with a
permit issued pursuant to section 21.36.245.
41. Recycling facilities -processing facility.
42. Restaurants or cafes (excluding fast food or drive-ins).
43. Storage facilities (one facility per every five thousand people of the
population).
44. Studios, large.
45. Studios, small.
Page 10 of 19
46. Towing services.
47. Trailer sales (with or without service facilities).
48. Transitional housing.
49. Veterinary clinics and animal hospitals.
50. Wireless telecommunications facilities -non-stealth.
SECTION 8. Addition to the Provisions Applying to Special Uses Section: Section
21.36.245 is added to Chapter 21.36 of the Campbell Municipal Code is added to read
as follows, with underlining indicating new text:
21.36.245 Collection Containers.
A. Purpose. The City has experienced a proliferation of Collection Containers and their
placement in required parking stalls, required landscaped areas, in residential areas
located in many zoning districts of city, often without property owner's permission. The
proliferation of these containers in-and-of themselves contribute to visual clutter; and in
areas throughout the State, collection containers have contributed blight due to graffiti,
and the accumulation of debris and excess items outside of the collection containers.
They can also interfere with the proper collection of data concerning the diversion of
waste within the City from landfills. The purpose of these regulations is to promote the
health, safety, and/or welfare of the public, and protect the property rights of the owners
of parcels on which the collection containers are located, by providing minimum blight-
related performance standards for the operation of collection containers, including
establishing criteria to ensure that (1) material is not allowed to accumulate outside of
the collection containers, (2) the collection containers remain free of graffiti and blight,
(3) the collection containers are maintained in safe and sanitary conditions, (4) the
collection containers are not placed without the approval of the property owners, (5)
contact information is readily available so that the operators can be contacted if there
are any blight-related questions or concerns, and that operators properly report
information concerning the diversion of materials from landfills. This section regulates
the size, number, placement, installation and maintenance of collection containers, as is
necessary to accomplish the foregoing purposes.
B. Definition in Municipal Code. As used herein, the terms and phrases shall have the
same meaning as defined in Chapter 21.72.020 of the Municipal Code.
C. Conflicting Provisions. Where a conflict exists. between the regulations or
requirements in this section and applicable regulations or requirements contained in
other sections of the Campbell Municipal Code, the applicable regulations or .
requirements of this section shall prevail.
D. Permit Requirements.
1. Except as provided in paragraph 2 below, it is unlawful to place, operate,
maintain or allow a collection container on any real property unless the property owner
Page 11 of 19
and operator of the collection container first obtain an annually renewable permit from
the City.
2. Collection containers that satisfy the following standards are exempt from the
permit requirements of this section:
a. Collection containers that are located within an entirely enclosed and
lawfully constructed and permitted building, or that otherwise cannot be
seen from outside of the boundaries of the property on which the
containers are located, provided that such collection containers satisfy
the operational requirements set forth in subsections I through K;
b. Cargo storage containers that are in compliance with section
21.36.050 of this Code:
c. Refuse or recycling containers that comply with the provisions of
Chapter 6.04 of this Code.,
3. Approval of collection containers on more than one parcel may be sought in a
single application.
4. An application for a collection container shall be processed as ministerial
action in accordance with this section. The Community Development Director
shall be the decision maker.
E. Application Requirements.
The permit application shall be made on a form provided by the Community
Development Department, and shall include:
1. The signatures of the property owner and the operator of the collection
container, acknowledging that then will be equally responsible for compliance
with all applicable laws and conditions related to the collection containers for
which they are seeking approval;
2. Anon-refundable application fee in an amount set by resolution of the City
Council;
3. The name, address, email, website (if available) and telephone number of the
operator of the collection container and property owner on which the
collection container is to be located, including 24-hour contact information;
4. A vicinity map showing (a) the proposed location of the collection containers;
and (b) the distance between the site and all existing collection containers
owned or controlled by the applicant within five-hundred feet of the proposed
location for the collection containers;
Page 12 of 19
5. Photographs of the location and adjacent properties;
6. A site plan containing:
a. Location and dimensions of all parcel boundaries;
b. Location of all buildings;
c. Proposed collection container location;
d. Distance between the proposed collection container and parcel lines
buildings; and
e. Location and dimension of all existing and proposed driveways,
garages, carports, parking spaces, maneuvering aisles, pavement and
striping/marking;
7. Elevations showing the appearance, materials, and dimensions of the
collection container, including the information required in this section to be
placed on the collection container and notice sign;
8. A description and/or diagram of the proposed locking mechanism of the
collection container:
9. A maintenance plan (including graffiti removal, pick-up schedule, and litter
and trash removal on and around the collection container); and
10.Any other information regarding time, place, and manner of the collection
container's operation, placement, and maintenance that is reasonably
necessary to evaluate the proposal's consistency with the requirements of
this section.
F. Permit Expiration and Renewal. A permit issued under this section shall expire and
become null and void annually on the anniversary of its date of issuance, unless
renewed prior to its expiration. An application for renewal must be submitted prior to the
expiration of the permit on a form provided by the Community Development
Department, and shall include:
1. The signatures of the property owner and the operator of the collection
container, acknowledging that they will be equally responsible for compliance
with all applicable laws and conditions related to the collection containers for
which they are seeking approval;
Page 13 of 19
2. Anon-refundable application fee in an amount set by resolution of the City
Council;
3. Photographs of the location and adjacent properties taken within ten days of
the submittal of the renewal application;
4. A detailed description of any information that is different from the information
submitted on the previous application; and
5. Any other information regarding time, place, and manner of the collection
container's operation, placement, and maintenance that is reasonably
necessary to evaluate the proposal's consistency with the- requirements of
this section.
G. Decision on Application.
1. The Community Development Director shall approve or deny an application
within sixty days of the receipt of a completed application. If the Community
Development Director fails to take action on the application within the required
sixty days, the application shall be deemed approved.
2. The Community Development Director shall approve the application if all of the
following are true, otherwise the Director may deny the application:
a_. The applicant has submitted a complete, fully executed and accurate
application accompanied by the applicable fee;
b. The property on which the collection container is to be located has been
free of graffiti (as defined in subsection (e) of California Government Code
section 53069.3 or any successor statute) for at least six months prior to
the submission of the application;
c. The property on which the collection container is to be located has been
free of any conditions constituting a public nuisance (as defined in section
6.10.020 of this Code) for at least six months prior to submission of the
application;
d. The applicant is neither currently in violation of, nor has been found in
violation of this section or Chapter 6.10 of this Code within one year prior
to submission of the application; and
e. The application will be in compliance with all of the applicable
provisions of this section.
3. The Community Development Director shall mail written notice to the applicant
of the Director's decision by First Class United States mail, addressed to the
Page 14 of 19
applicant at the address provided on the application. If the application is denied,
or approved subject to conditions, the notice shall set forth the reasons for the
denial or conditions, as well as the facts supporting the Director's reasons.
4. The decision of the Community Development Director shall be final, and not
subject to administrative appeal.
H. Revocation. Anv permit issued under this section may be revoked or modified as
provided in Chapter 21.68 of this Code.
I. Location of containers.
1. No larae collection container shall be located outside of a C-2. C-M or M-1
zoning district.
2. No small collection container shall be located outside of a C-1, C-2, C-M or M-
1 zoning district.
3. No collection container shall be located within five-hundred feet from anv
other collection container, except those described in paragraph 2 of subsection D
of this section.
4. No collection-container shall be located within three-hundred feet of a
residentially zoned parcel.
5. No collection container shall be located on or within:
a. The public right-of-way (including sidewalks);
b. Area designated for landscaping;
6. No collection container shall be located in or block or impede access to any:
a. Required parking or driveway areas;
b. Pedestrian routes;
c. Emergency vehicle routes;
d. Building ingress and egress;
e. Required handicapped accessibility routes;
f. Required easements; or
g. Trash enclosure areas or access to trash bins or trash enclosures.
h. Anv place that would impede the functioning of exhaust, ventilation, or
fire extinguishing systems.
7. No more than one collection container shall be located on anv parcel, except
for those described in paragraph 2 of subsection D of this section.
Page 15 of 19
8. No large collection container shall be located within the designated setback
space of any parcel.
J. Physical Attributes.
1. All collection containers, other than those described in paragraph 2 of
subsection D of this section shall:
a. Be fabricated of durable and waterproof materials;
b. Be placed on ground that is paved with~a durable concrete surface and
secured with appropriate supports, anchorages, or attachments;
c. Have stamper-resistant locking mechanism for all collection openings;
d. Not be electrically or hydraulically powered or otherwise mechanized;
e. Not be considered a fixture of the site or an improvement to real
property.
2. A small collection container shall be no taller than seven feet above the
finished grade of the parcel on which it is located.
3. Small collection containers shall have the following information conspicuously
displayed in at least two-inch type visible from the front on the collection
container:
a. The name, address, 24-hour telephone number, and, if available, the
Internet Web address, and email address of the operator of the collection
container and the agent for the property owner;
b. The type of material that may be deposited; and
c. A notice stating that no material shall be left outside the collection
container.
4. Large collection containers shall have the following information conspicuously
displayed in at least four-inch type visible on all sides of the collection container:
a. The name, address. 24-hour telephone number. and. if available. the
Internet Web address, and email address of the operator of the collection
container and the agent for the property owner;
b. The type of material that may be deposited;
c. A notice stating that no material shall be left outside the collection
container; and
d. A statement that no items may be left for collection unless an attendant
is on duty.
Page 16 of 19
K. Maintenance and Operation.
red materials shall be
within twenty feet of any collection container.
2. Collection containers shall be maintained and in good working order, and free
from graffiti, removed or damaged signs and notifications, peeling paint, rust, and
broken collection operating mechanisms.
3. Collection containers shall be serviced not less than weekly between 7:00 a.m.
and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This
servicing includes maintenance of the container, the removal of collected
material and abatement of any graffiti, litter, or nuisance condition as defined in
section 6.10.020 of this Code.
4. The operator shall maintain an active email address and a 24-hour telephone
service with recording capability for the public to register complaints.
5. Any conditions that are in violation- of this section must be remedied or abated
within forty-eight hours of being reported to the operator or property owner.
Notice to the operator shall be provided telephone and/or email at the number or
address that is required to be placed on the container pursuant to this Code
section.. Notice to the property owner shall be effective upon delivery of the notice
by First Class United States Mail to the address listed on the last equalized
County Assessor's role.
5. Collection containers cannot be used for the collection of solid waste and/or
any hazardous materials except as authorized by Chapter 6.04 of this Code or
other applicable law.
6. The operators of the collection containers shall report all tonnage collected
within city limits on a annual basis by June 1St of the following year to the public
works department (pursuant to the requirements of Integrated Waste
Management Act, (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita
Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 fWiggins, SB
10161 and SB 1016, the Per Capita Disposal Measurement System i) in order to
properly account for the City of Campbell waste diversion and recycling efforts.
7. Large collection containers shall have an attendant present at the container at
all times that items are being collected.
SECTION 9: Definitions of Collection Container: The following definitions are added to
subsection C of Campbell Municipal Code section 21.72.020 between the definitions of
"child day care facilities" and "clothing products manufacturing" to read as follows, with
underlining indicating new text:
Page 17 of 19
"Collection container" means adrop-off box, container, receptacle, trailer or similar
facility that accepts textiles, shoes, books and/or other salvageable items of personal
property.
"Collection container, small" means a collection container that occupies no more than
eiahty-four cubic feet.
"Collection container, large" means a collection container that occupies more than
eighty-four cubic feet.
SECTION 10: Definition of Recycling Facilities: The definition of "recycling facilities" in
subsection R of Campbell Municipal Code section 21.72.020 is amended to read as
follows, with underlining indicating new text and strikeouts (mac+riU~u'+c~~) indicating deleted
text:
"Recycling facilities" means +hic ',n,+ , ,moo +.,no innl~ ~rloc a variety of facilities involved
with the collection, sorting, and processing of recyclable materials. ,-.,r,i^°"„ ' non+or fnr
+ho nnllon+inn ~nrllnr nrnncccin~r ref ror~inl~hlo m~+ori~lc A "certified" recycling or
processing facility is certified by the California Department of Conservation as meeting
the requirements of the California Beverage Container Recycling and Litter Reduction
Act of 1986. A recycling facility does not include storage containers located on a
residentially, commercially, or industrially designated site used solely for the recycling of
material generated on the site.
1. "Collection facilities (large and small)" means a center where the public may
donate, redeem, or sell recyclable materials, which may include the following,
where allowed by the applicable zoning district:
a. Large collection facilities which occupy an area of more than eight-four cubic ~5A
she feet, including but not limited to large collection containers and/or inner
permanent structuresi-
b. Small collection facilities which occupy an area of eighty-four cubic ~59-sq-cafe
feet or less and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines
occupying more than 85 cubic aA-sq~afe feet; aft
(3) Kiosk-type units, which may include permanent structures; and
(4) Small collection container..
c. Reverse vending machine(s);
2. "Processing facilities" means a structure or enclosed space used for the collection
and processing of recyclable materials for shipment, or to an end-user's
specifications, by means of baling, briquetting, cleaning, compacting, crushing,
Page 18 of 19
flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing
facilities include the following types:
a. Light processing facility occupies an area of under 45,000 square feet of
collection, processing, and storage area, and averages two outbound truck
shipments each day. Light processing facilities are limited to baling, briquetting,
compacting, crushing, grinding, shredding, and sorting of source separated
recyclable materials sufficient to qualify as a certified processing facility. A light
processing facility shall not bale, compact, or shred ferrous metals other than food
and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing
facility.
3. "Recycling or recyclable material" means reusable domestic containers and other
materials which can be reconstituted, remanufactured, or reused in an altered form,
including glass, metals, paper, and plastic. Recyclable material does not include
refuse or hazardous materials.
4. "Reverse vending machines" means an automated mechanical device which
accepts at least one or more types of empty beverage containers and issues a cash
refund or a redeemable credit slip with a value not less than the container's
redemption value, as determined by State law. These vending machines may accept
aluminum cans, glass and plastic bottles, and other containers.
A bulk reverse vending machine is a reverse vending machine that is larger than 85
cubic ~A-s~a-re feet, is designed to accept more than one container at a time, and
issues a cash refund based on total weight instead of by container.
SECTION 10: 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.
PASSED AND ADOPTED this 18th day of March, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Elizabeth "Liz" Gibbons, Mayor
ATTEST:
Wendy Wood, City Clerk
Page 19 of 19
RESOLUTION NO. 4372
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL ADOPT A SECOND ADDENDUM (PLN2016-236) TO A
PREVIQUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
(PLN2013-340) FOR EXPANSION OF THE DILLON AVENUE
TOWNHOMES AND APARTMENTS PROJECT (AKA
"MADISON"), ON PROPERTY GENERALLY LOCATED AT 500
SAM CAVA AVENUE AND ALONG LOTTIE LANE (FORMALLY
280 DILLON AVENUE, ET. AL.).
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows in adopting a Second Addendum to the previously
adopted Mitigated Negative Declaration:
To expedite CEQA (California Environmental Quality Act) review, the State of California
adopted SB 226 (2011), allowing a "streamlined" review for qualifying infill projects, as
codified in Public Resources Code Section 21094.5. An infill project may qualify for
streamlined review where aproject-level Environmental Impact Report (EI'R) has been
certified (such as for the General Plan or a specific plan) and the project satisfies
applicable "performance measures" (such as proximity to a light-rail station).
2. A qualified infill project may be reviewed under CEQA by preparation of an Infill
Environmental Checklist Form (CEQA Guidelines Sec. 15183.3), which incorporates a
multidisciplinary environmental review that evaluates various potential environmental
impacts, including traffic, air and water pollution, greenhouse gas emissions, noise, and
various community impacts. An Environmental Checklist Form may rely on the
environmental analysis of the project-level Environmental Impact Report (EIR),
including previously adopted mitigation measures, and reference "uniform development
policies," such as noise or lighting standards that would substantially mitigate potential
impacts.
3. Based on the findings of the Infill Environmental Checklist Form, the lead agency may
file a Notice of Exemption, a Negative Declaration, Mitigated Negative Declaration, or
an Infill Environmental Impact Report (EIR).
4. The project qualifies as a residential infill project pursuant to CEQA Guidelines Sec.
15183.3 in that it is located in an urban area on a site that either has been previously
developed or that adjoins existing qualified urban uses on at least seventy-five percent
of the site's perimeter.
5. An Infill Environmental Checklist Form was prepared for the project, which resulted in
the preparation of a Mitigated Negative Declaration.
6. The City Council adopted the Mitigated Negative Declaration on October 21, 2014, by
Resolution No. 11735, as part of the overall project approval.
Planning Commission Resolution No. 4372 Page 2
Recommending Adoption of a Second Addendum to a MND
File No.: PLN2016-2.36
7. CEQA Guidelines §15164(b) state that an addendum to an adopted negative
declaration may be prepared if only minor technical changes or additions are necessary
or none of the conditions described in §15162 calling for the preparation of a
subsequent Environmental Impact Report or negative declaration have occurred.
8: Subsequent to the, original project approval, the applicant submitted a proposal for a
revised project that would incorporate three additional properties, allowing the addition
of nine townhomes and nine apartment units, increasing the total unit count from 100 to
118 units (90 townhomes and 28 apartment units), modify the site configuration, reduce
the amount of required on-site guest parking, and allow removal an additional protected
tree.
9. A First Addendum (for the first revised project) to the adopted Mitigated Negative
Declaration, as supported by a supplemental analysis reviewing the potential
environmental impacts of the revised project, was adopted by the City Council on
November 17, 2015, by Resolution No. 11920.
10. Subsequent to the revised project approval, the applicant submittal a proposal to again
revise the project to incorporate an additional six-unit townhome building; creation of
new common lots, six private lots, reconfiguration of existing common area lots, and
vacation of excess City right-of-way.
11. A Second Addendum (for the second revised project) to the adopted Mitigated
Negative Declaration was prepared, as supported by a supplemental analysis
reviewing the potential environmental impacts of the second revised project.
12. The Second Addendum was not circulated for public review but was attached to the
adopted mitigated negative declaration.
13. The decision-making body considered the Second Addendum with the adopted
Mitigated Negative Declaration and First Addendum prior to making a decision on the
revised project.
14. The mitigation measures previously identified in the Mitigated Negative Declaration are
included as Conditions of Approval in the revised entitlement approvals.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
Conditions of Approval, will have a significant adverse impact on the environment. .
2. The Second Addendum to the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council upon recommendation of the Planning
Commission.
Planning Commission Resolution No. 4372
Recommending Adoption of a Second Addendum to a MND
File No.: PLN2016-236 .
Page 3
3. Based on the proposed revised project description, the environmental review prepared
for the Infill Environmental Checklist/Mitigated Negative Declaration, and a
supplemental analysis, the City has concluded that the proposed revised project would
not result in any new significant impacts not previously disclosed in the adopted Infill
Environmental Checklist/Mitigated Negative Declaration nor would it result in a
substantial increase in the magnitude of any significant environmental impact
previously identified in the Infill Environmental Checklist/Mitigated Negative
Declaration. For these reasons, a Second Addendum to the adopted Infill
Environmental Checklist/Mitigated Negative Declaration for the revised Dillon Avenue
Townhomes and Apartments Project (aka "Madison") has been prepared and a
supplemental or subsequent Environmental Impact Report or Infill Environmental
Checklist/Mitigated Negative Declaration is not required for the proposed revised
project. ,
4. The Custodian of the Record for the Second Addendum, First Addendum, Mitigated
Negative. Declaration, and Infill Environmental Checklist Form is the Community
Development Department of the City of Campbell, located at 70 North First Street,
Campbell, California.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt a Second Addendum (PLN2016-236) to a previously adopted Mitigated
Negative Declaration (PLN2013-340) (attached Exhibit A).
PASSED AND ADOPTED this 28th day of March, 2017, by the following roll call vote:
AYES: Commissioners: Kendall, Rich, Hernandez, Reynolds and Young
NOES: Commissioners:
ABSENT: Commissioners: Dodd
ABSTAIN: Commissioners: Rivlin
APPROVED: ~~d'f~ ~~~~~~ ~/y
Yvonne Kendall, hair
ATTEST:
Paul Kermoyan, Secretary