CC Ordinance 2240Ordinance No. 2240
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A ZONING CODE TEXT AMENDMENT (PLN2018-098) TO AMEND
CAMPBELL MUNICIPAL CODE ("CMC") SEC. 21.10.030 TO ESTABLISH LARGE AND
SMALL TUTORING CENTERS AS A PERMITTED USE IN THE P-O (PROFESSIONAL
OFFICE) ZONING DISTRICT, CMC SEC. 21.36 (PROVISIONS APPLYING TO SPECIAL
USES) TO ADD PROVISIONS TO GOVERN THE LOCATION AND OPERATION OF
TUTORING CENTERS, AND CMC SEC. 21.10.050 TO ADD A REFERENCE TO THE
SPECIAL USE PROVISIONS FOR TUTORING CENTERS IN THE C-2 (GENERAL
COMMERCIAL) ZONING DISTRICT.
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 Text Amendment is
categorically exempt pursuant to Sections 15060(c)2 (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)3 (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, because the Text Amendment has no potential for resulting in physical
change to environment, directly or indirectly.
SECTION 2. The City Council further finds and determines that the proposed Text
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. Title 21 (Zoning Code Regulations): Chapter 21.36 of the Campbell Municipal
Code is amended to add Section 21.36.243 as follows with underlining indicating new text
and strikeouts (c+r�eut) indicating deleted text:
21.36.243 — Tutoring centers.
This section provides locational and operational standards for `tutoring centers, large' and 'tutoring
centers. small' (hereinafter collectively referred to as `tutoring centers') in compliance with Article 2 (Zoning
Districts):
A. Location. Tutoring centers in the C-2 (General Commercial) and/or P-D (Planned Development)
zoning district with a General Commercial, Commercial/Prof. Office and/or Residential,
Commercial/Light Industrial. and/or Commercial/Medium-High Density Residential General Plan
Land Use Designation shall satisfy all of the following standards:
1. The tenant space is located in a professional office and/or medical service building (e.g, the
space does not have storefront windows clear -span interiors, or service areas typically
associated with a retail store):
2. The tenant space has not been occupied by a retail store in the past 12-months; and
I The tenant space is located in an area without high pedestrian/vehicle visibility and access.
B. Operation. Tutoring centers established on or after the effective date of this ordinance regardless
of zoning district, shall abide by the following standards:
1. Appointment only. Instruction shall be provided by appointment only and scheduled at least
one -day in advance of the instruction:
City Council Ordinance No..2240 Page 2 of 5
Adoption of a Zoning Code Text Amendment (PLN2018-098)
2. Outdoor activities. All instructional activity shall occur within the interior of the tenant space;
and
3. Noise. Sound generated within the tenant space, regardless of decibel level, shall not create
unreasonable noise which obstructs the free use of neighboring businesses or residences.
Further, doors shall be kept closed at all times instruction is provided.
SECTION 4. Title 21 (Zoning Code Regulations): Subsection A of Campbell Municipal Code
Section 21.10.030 (P-O (Professional Office) Zoning District) is amended to read as follows
with underlining indicating new text and strikeouts (strut) indicating deleted text:
A. Purpose of P-O (Professional office) Zoning District. The P-0 zoning district is intended for the
development of professional offices in locations served by primary access, yet inappropriate for
commercial development because of the proximity to residential uses. The type of offices allowed in this
zoning district include administrative, professional, and research, and may provide customer service and
instruction for personal or professional enrichment or be more corporate in nature. The P-0 zoning district
is consistent with the professional office land use designation of the General Plan.
SECTION 5. Title 21 (Zoning Code Regulations): Subsection B of Campbell Municipal Code
Section 21.10.030 (P-O (Professional Office) Zoning District) is amended to read as follows
with underlining new text and strikeouts (strikeout indicating deleted text:
B. Permitted uses in P-0 (Professional office) Zoning District. The following uses are permitted with a
zoning clearance in compliance with Chapter 21.40 (Zoning Clearances):
Offices, professional;-
2. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter);—
3. Schools—K-12, public;-
4. Tutoring centers. large, subject to Section 21.36.243;
5. Tutoring centers; small, subiect to Section 21.36.243;
6-4- Wireless telecommunications —stealth (requires approval of a site and architectural review permit).
SECTION 6. Title 21 (Zoning Code Regulations): Subsection C of Campbell Municipal Code
Section 2.1.10.050 (C-2 (General Commercial) Zoning District) is amended to read as
follows with underlining indicating new text and strikeouts (c+r�ut) indicating deleted 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):
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;
City Council Ordinance No. 2240
Adoption of a Zoning Code Text Amendment (PLN2018-09
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;
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;
Page 3 of 5
City Council Ordinance No. 2240 Page 4 of 5
Adoption of a Zoning Code Text Amendment (PLN2018-098)
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;
69. Studios, large;
70. Studios, small;
71. Tanning studios;
72. Theaters, movie or performing arts;
73. Transitional housing;
74. Tutoring center, large, subject to Section 21.36.243;
75. Tutoring center, small, subject to Section 21.36.243;
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 7. 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 19th day of March, 2019 by the following roll call vote:
City Council Ordinance No. 2240 Page 5 of 5
Adoption of a Zoning Code Text Amendment (PLN2018-098)
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Wendy od, City Clerk