Ordinance 2293 Assembled-Establishing a New Zoning MapÃÅ17
MONTEMAR WAY
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SHEFFIELDCTW RINCONAVEPHOENIX DRDAVID AVE
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PARKHURST DRHARRIET CT MARATHON DRGAYAVEBRONWEN WAY
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S UM M ER FIELDDRLOYALTON DRLLEWELLYN AVEROBIN LNEMERSON AVEAPRICOT AVE
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JackFisher
Virginia Park
John DMorgan
Los GatosCreekCounty Park
GomesPark
Ainsley Park
Edith Morely
StojanovichPark
CampbellPark
CommunityCenter OrchardCity Green
CampbellJunior HighSchool
RollingHills JuniorHigh School CapriElementarySchool
DoverSchool
RosemaryElementarySchool
Forest HillElementarySchool
HazelwoodElementarySchool
20
20
37
40
60
H
H
H
H
HH
H
H
H
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H H
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80
80
80
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80
80
2020
20 20
40
40
40
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40404040 40
80
80 80
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80 80
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H
HHH
RESIDENTIAL DISTRICTS
R-1-6 | Single-Family Residential
R-1-8 | Single-Family Residentia
R-1-9 | Single-Family Residential
R-1-10 | Single-Family Residential
R-1-16 | Single-Family Residential
LMDR | Low-Medium Density Residential
MDR | Medium Density Residential
MHDR | Medium-High Density Residential
HDR | High Density Residential
MIXED-USE DISTRICTS
CB-MU | Central Business Mixed-Use
CC-MU | Commercial Corridor Mixed-Use
GC-MU | General Commercial Mixed-Use
MHD-MU | Medium-High Density Mixed-Use
HD-MU | High Density Mixed-Use
NC-MU | Neighborhood Commercial Mixed-Use
TO-MU | Transit-Oriented Mixed-Use
OFFICE DISTRICTS
PO | Professional Office
COMMERCIAL DISTRICTS
NC | Neighborhood Commercial
GC | General Commercial
INDUSTRIAL DISTRICTS
LI | Light Industrial
RD | Research and Development
SPECIAL PURPOSE DISTRICTS
C-PD | Condominium Planned Development
P-D | Planned Development
PF | Public Facility
OS | Open Space
OVERLAY/COMBINING DISTRICTS
"H" (Historic Preservation)
"O" (Overlay)
ZONING MAP
CITY OF CAMPBELL
HO
´Miles00.25 0.5
S A N J O S ES A N J O S E
L O S G AT O SL O S G AT O S
S A N J O S ES A N J O S E
Notes:(1) The number included on the RD parcels denotes the minimum lot area in thousands of square feet, pursuant to CMC Sec. 21.10.040, Table 2-6.(2) The Special Planning Areas established by Figure LU-2 of the General Plan are hereby included by reference.The City of Campbell Zoning Map is adopted pursuant to CMC Sec. 21.04.030. Map produced and maintained by the Campbell Planning Division.
Revised 2023.
Title 6 - HEALTH AND SANITATION
Chapter 6.40 CAMPING AND STORAGE OF PERSONAL PROPERTY
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:37 [EST]
(Supp. No. 37)
Page 1 of 4
Chapter 6.40 CAMPING AND STORAGE OF PERSONAL PROPERTY
6.40.010 Camping prohibited.
No person shall camp anywhere in the City of Campbell, whether on public or private property, except as
hereinafter expressly permitted in accordance with this Chapter.
( Ord. No. 2251 , § 1, 10-15-2019)
6.40.012 Definitions.
Except where a different meaning is clearly intended by the context, the following terms as used in this
Chapter shall has the following meanings:
"Camping" or "to camp" means to do any of the following:
(1)To sleep at any time between the hours of 11:00 p.m. to 8:30 a.m. in any of the following places:
i.Outdoors with or without bedding, tent, hammock or other similar protection or equipment;
ii.In, on or under any structure not designed for human habitation, whether with or without
bedding, tent, hammock or other similar protection or equipment;
iii.In, on or under any parked vehicle, including an automobile, bus, truck, camper, trailer or
recreational vehicle;
(2)To establish or maintain outdoors or in, on or under any structure not designed for human habitation,
at any time between the hours of 11:00 p.m. to 8:30 a.m., a temporary or permanent place for
sleeping, by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping
equipment in such a manner as to be immediately usable for sleeping purposes;
(3)To establish or maintain outdoors or in, on, or under any structure not designed for human habitation,
at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting
up any bedding, sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by
setting up any cooking equipment, with the intent to remain in that location overnight;
"Public property" means any and all real property owned or lawfully possessed by the City or any other
public entity, such as the State, County or Special Districts, including but not limited to public rights-of-way, parks,
civic centers, waterways, museums, community centers, and corporation yards.
"Restroom facilities" means temporary or permanent sanitary facilities that include a toilet and a sink with
water for hand washing;
"Storage" or "to "store" means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave unattended in a location for an unreasonable amount of time. Any property left unattended for
twelve hours or more shall be considered unreasonable per se.
( Ord. No. 2251 , § 1, 10-15-2019)
6.40.020 Camping permitted.
Camping will be permitted in the City of Campbell only under the following circumstances:
Exhibit B
Created: 2022-12-01 08:35:37 [EST]
(Supp. No. 37)
Page 2 of 4
(a) Camping events sponsored by the Recreation and Community Services Department as part of a
program of the Recreation and Community Services Department;
(b) Camping shall be allowed:
(1) In the yard of a residence with the consent of the owner and occupant of the residence, where
the camping cannot be seen from the street and does not involve a motor vehicle or trailer,
provided that no parcel shall be used for camping under this provision for more than seven days
during any one calendar month, and no more than four people who are not residents of a
permanent residential structure located on the parcel may camp on the parcel at the same time;
(2) Inside of a licensed and registered motor vehicle in a parking lot on the site of a lawfully existing
business establishment in a non-residential zoning district with the written consent of all
business establishments on the property and the property owner, where the driver/occupant of
such vehicle is in possession of a valid driver's license, provided that no more than two such
vehicles shall be permitted on any one parcel at the same time, no such vehicle shall remain for
more than seven days in any one calendar month, and the camping and any associated
equipment and personal property shall be kept within the vehicle at all times;
(3) Inside a licensed and registered motor vehicle located on an off-street driveway of a lawfully
existing residence with the written consent of the owner and occupant of the residence, where
the driver/occupant of such vehicle is in possession of a valid driver's license, provided that no
more than one vehicle shall be permitted on any one parcel; no parcel shall be used for camping
under this provision for more than seven days during any one calendar month; and the camping
and any associated equipment and personal property shall be kept within the vehicle at all times,
except as allowed pursuant to paragraph (1) of this subsection;
(4) Inside of a licensed and registered motor vehicle in a parking lot on the site of a lawfully existing
parcel with a public assembly use onsite in a P-F (Public Facilities) zoning district with the written
consent of all establishments on the property and the property owner, where the
driver/occupant of such vehicle is in possession of a valid driver's license, provided that:
i. The total number of such vehicles permitted on any one parcel at the same time shall be
the lesser of twenty vehicles or thirty percent of the total existing parking spaces;
ii. The parcel shall have restroom facilities open for use of the occupants of such vehicles at
all times while camping is occurring;
iii. The camping and any associated equipment and personal property shall be kept within the
vehicle at all times; and
iv. The owner of the property or the owner's agent shall advise the City's Building Division of
the camping prior to its commencement, and of the beginning and any ending dates of
such camping;
(5) Camping permitted under this subsection shall not be conducted in such a manner as to create
noise, inadequate sanitation, litter or in such a manner as to constitute a nuisance pursuant to
Campbell Municipal Code section 6.10.020; nor where the camping is of such frequency, intensity
or duration as to constitute a use of land prohibited by any provision of Title 21 of this Code or
any conditions of approval lawfully applicable to the parcel on which the camping would occur;
nor where the camping activity would be prohibited under any other provision of this Code
concerning use of vehicles or accessory structures; nor where the camping activity would impede
safe entry to or exit from existing structures; nor where any fee, charge or other monetary
consideration is collected for the privilege of camping or for any services or the use of any
facilities related thereto; nor where the covenants, conditions and restrictions of a duly
Created: 2022-12-01 08:35:37 [EST]
(Supp. No. 37)
Page 3 of 4
organized homeowners association would prohibit the activity in the residential area subject to
the covenants, conditions and restrictions.
( Ord. No. 2251 , § 1, 10-15-2019)
6.40.030 Storage of personal property in public places.
No person shall store personal property on any public property within the City, except as otherwise
authorized by this code.
( Ord. No. 2251 , § 1, 10-15-2019)
6.40.040 Enforcement procedures.
(a) No officer shall issue a citation, make an arrest or otherwise enforce the camping provisions of this Chapter
against any person unless:
(1) The officer first orally requests or orders the person to refrain from the alleged violation of this section;
(2) If the person fails to comply after receiving the oral request or order, the officer tenders a written
warning stating that if the person fails to comply, he or she may be cited or arrested for a violation of
this section;
(3) If the person refuses to cooperate after receiving the oral and written warning, the officer may proceed
to arrest or cite the person for a violation of this section.
(b) Where individuals are not present to remove unattended property stored in violation of section 6.40.030,
the area shall be posted at least seventy-two hours before such property is removed, provided that if the
unattended property is located within a public right-of-way in such a manner as to impede normal
pedestrian or traffic movement or present an imminent threat to the public safety, such notice shall not be
required. The notice shall contain the following information:
(1) The date and time that the notice was posted;
(2) The date and time when the items will be removed; and a statement that items remaining at that date
and time will be removed;
(3) A citation to this Code section or any other provision of law authorizing the removal;
(4) A description of the location from which items will be removed;
(5) A brief statement of the reason for the removal;
(6) The location where property may be reclaimed; and a brief statement as to how property can be
reclaimed;
(7) The date on which items will be deemed finally abandoned and disposed of; and
(8) Contact information, including a telephone number, where individuals can obtain more information.
The property shall thereafter be removed and stored by the City in a manner consistent with applicable state
and federal law, except that nothing in this subsection shall require the City to store perishable items. Owners of
personal property shall have ninety days to recover such property, after which time the City may dispose of the
property.
( Ord. No. 2251 , § 1, 10-15-2019)
Created: 2022-12-01 08:35:37 [EST]
(Supp. No. 37)
Page 4 of 4
6.40.050 Violations.
(a) It is unlawful for any person, firm, corporation or other entity to violate any provision, or fail to comply with
any mandatory requirement of this Chapter. Except as otherwise provided in subsection (b) of this section,
any person, firm, corporation or other entity violating any provision, or failing to comply with any mandatory
requirement of this chapter is guilty of an infraction, and upon conviction shall be published by a fine of not
more than one hundred dollars.
(b) Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made
unlawful pursuant to this Chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by
a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the
following circumstances exists:
(1) The violation was committed willfully or with knowledge of its illegality;
(2) The violator does not cease, or otherwise abate the violation after receiving notice of such violation
within the time specified in the notice;
(3) The violator has previously been convicted of violating the same provision of this chapter within two
years of the currently charged violation; or
(4) The provision violated specifies that such violation shall be a misdemeanor.
(c) Each person, firm, corporation or other entity violating any provision, or failing to comply with the
mandatory requirements of this chapter shall be deemed guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this chapter is committed, continued, or
permitted by such person, firm, corporation or other entity, and shall be punishable as provided in this
section.
( Ord. No. 2251 , § 1, 10-15-2019)
6.40.060 Exception and affirmative defense.
(a) Notwithstanding any other provision of this Chapter, no person shall be criminally prosecuted for sleeping
outdoors on public property if there is no available place within the City at that time where the person can
lawfully sleep.
(b) It shall be an affirmative defense to any criminal prosecution of sleeping outdoors on public property in
violation of this of this Chapter if anyone subject to such prosecution proves by a preponderance of the
evidence that at the time of the offense there was no available place within the City where the person could
lawfully sleep.
(c) In order for a space to be "available," as used in this section, the space must not only be physically open for
lawful use for sleeping, but must also be made available on such terms as conditions as the person charged
with the violation could satisfy at the time of the offense.
(d) The provisions of this section shall not apply to any public property located within or adjoining a portion of
the City covered by a residential zoning designation on the official zoning map of the City.
( Ord. No. 2251 , § 1, 10-15-2019)
Title 7 - ANIMALS
Chapter 7.04 GENERAL PROVISIONS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:38 [EST]
(Supp. No. 37)
Page 1 of 13
Chapter 7.04 GENERAL PROVISIONS1
7.04.010 Definitions.
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
(a) "A" definitions:
"Abandoned animal" means an animal that is left without proper and necessary care for the animal's well
being for twenty-four hours or an unreasonable period of time. "Abandoned animal" shall also mean any animal,
lawfully impounded by the City, for which the owner has not paid fees, rates or charges relating to the detention of
the animal.
"Administrator" means the City Manager or his/her duly authorized agent(s), designees and representatives.
“Animal” means any multi-celled living creature other than plants, humans, crustaceans, mollusks, and fish.
"Animal" means any multi-celled living creature other than plants and humans, including, but not limited to,
birds, cats, dogs, fishes, fowl, rabbits, and reptiles.
"Animal control officer" means any person authorized by the administrator to enforce the provisions of this
Title, or any person authorized by the County health officer in the enforcement of rabies control laws and in the
enforcement of state laws.
"Animal menagerie" means any place where dangerous animals are kept or maintained for any purpose,
including places where dangerous animals are boarded, exhibited, trained or kept for hire.
"Animal shelter" means the SVACA animal shelter, the Humane Society animal shelter, or any other facility
designated by SVACA for the purpose of impounding and caring for all animals found in violation of this chapter, or
surrendered to the City by their owners, and shall be a facility devoted to the welfare, protection and humane
treatment of all animals.
"Animal rescuer" means any person or organization that provides temporary housing and care for domestic
animals with the purpose of placing those animals with a new and permanent owner in a new home and that
provides evidence satisfactory to the Administrator of a history of active placement or an affiliation with a
recognized group with a history of active placement.
"Apiary" means bees, hives and associated appliances wherever the same are kept, located or found.
"At large" means:
(1) The presence of any animal when it is off the premises of its owner and not restrained by a 6-foot leash
under the control of a person physically capable of retaining control of the animal; or
(2) When the animal is on the premises of its owner and not restrained by a 6-foot leash, fence or other
adequate enclosure sufficient to prevent ingress and egress of the animal or not under the control
and/or the immediate presence of its owner; or
1Editor's note(s)—Ord. No. 2179, § 3(Exh. B), adopted June 2, 2014, amended ch. 7.04 in its entirety to read as
herein set out. Former ch. 7.04 pertained to animals in general, and derived from Ord. 1891, § 2 (part), of
1994; and Ord. 1964, § 1 (part), of 1998.
Created: 2022-12-01 08:35:37 [EST]
(Supp. No. 37)
Page 2 of 13
(3) When a female dog is in estrus and not within a house, vehicle or other enclosure adequate to prevent
male dogs gaining access to the female dog.
(b) "B" definitions:
"Bees" means honey-producing insects of the species apis mellificia, including the adults, eggs, larvae, pupae,
or other immature states thereof, together with such materials as are deposited into hives by their adults, except
honey and rendered beeswax.
(c) "C" definitions:
"Cat" means a domestic cat (Felis catus).
"City Council" means the City Council for the City of Campbell.
"City Manager" means the City Manager for the City of Campbell or his/her designee.
"Chief of Police" means the Chief of Police for the City of Campbell or his/her designee.
"Commercial kennel" means any person or facility, engaged in, or used for, the commercial breeding of dogs
or cats, or both, for sale, individually or in litter lots, or in the boarding, training, sale or hire of dogs and/or cats for
compensation, except that animal hospitals maintained by a veterinarian licensed by the state of California as part
of the practice of veterinary medicine, animal shelters or private kennels shall not be considered commercial
kennels. Any person having more than one fertile female shall be presumed to have a commercial kennel.
(d) "D" definitions:
"Dangerous animal" means any wild or exotic mammal, reptile or fowl which is not naturally tame or gentle,
but is of a wild nature or disposition, and which, because of its size, vicious nature, or other characteristics,
constitutes a danger to human life, other animals, or property.
"Dangerous dog" means any dog, except a dog assisting a peace officer engaged in law enforcement duties,
that:
(1) Without provocation, has bitten a person or a domestic animal;
(2) Without provocation, chases or approaches people or domestic animals on the streets, sidewalks or
any public grounds in a threatening manner or apparent attitude of attack;
(3) Has a known propensity, tendency or disposition for unprovoked attack, causing injury and threatening
the safety of people or domestic animals;
(4) Has been specifically trained to guard persons and/or property;
(5) Has inflicted severe injury on a person or domestic animal on public or private property;
(6) Any dog declared potentially dangerous, dangerous or vicious in another jurisdiction.
"Dog" means a domestic dog (Canis familiaris).
"Domestic animal" means animals that are lawfully and commonly kept as pets including, but not limited to
dogs, cats and birds, rabbits and fowl.
"Domestic bird" means birds that are lawfully and commonly kept as pets, including, but not limited to,
budgies, canaries, cardinals, cockatiels, cockatoos, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots,
sparrows, toucans and weavers.
(e) "E" definitions:
"Euthanasia" means the humane destruction of an animal pursuant to the requirements of Section 730.120.
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"Exotic" means any animal not normally kept as a domestic or household pet, fowl, livestock, including but
not limited to lions, tigers and monkeys.
(f) "F" definitions:
"Fowl" means any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl,
peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of
eggs for human consumption.
(g) "G" definitions:
"Grooming parlor" means any commercial place where animals are trimmed, bathed or groomed.
(h) "H" definitions:
"Harbored" means the feeding or sheltering of an animal for three or more consecutive days.
"Health officer" means the director of public health or any person authorized to act on his/her behalf.
"Hearing officer" means a person designated by the City Manager or the City Manager's designee to hear and
decide any matter authorized pursuant to this Title. The designated hearing officer shall be an impartial person,
such as: (1) a city employee from a department not involved in the prosecution of the matter to be decided, or (2)
a person selected from a panel of hearing officers assembled by the City Manager or the City Manager's designee,
or (3) a person hired from an organization which provides hearing officers. Hearing officers shall be selected in
such a manner that the hearing officer does not have a financial incentive to decide a matter to a particular
conclusion. The employment, performance evaluation, compensation and benefits of the hearing officer shall not
be directly or indirectly conditioned upon or affected by the result of any lawfully performed hearing.
(i) Reserved for future use.
(j) Reserved for future use.
(k) Reserved for future use.
(l) "L" definitions:
"Lot" means a single parcel of land for which a legal description is filed of record or the boundaries of which
are shown on a subdivision map or record of survey filed in the Office of the Santa Clara Recorder.
(m) Reserved for future use.
(n) Reserved for future use.
(o) "O" definitions:
"Owner" means a natural person over the age of eighteen who owns, possesses, harbors, controls or has
custody of an animal. All adults residing at the same property address shall be rebuttably presumed to be the
owner of any animal owned, possessed, harbored or controlled on the property. If an entity other than a natural
person claims ownership of an animal, every natural person that exercises control over, or has an ownership
interest in the entity has been deemed to be an owner of the animal for purpose of this Title.
"Ownership" means any person keeping, harboring, controlling, having custody of, or possessing one or more
animals for a period of not less than five days.
(p) "P" definitions:
"Person" means any individual, domestic or foreign corporation, partnership, association of any kind, trust,
fraternal society or cooperative.
"Pet" means any animal kept for pleasure rather than utility.
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"Pet shop" means a person or facility that obtains animals for sale, exchange, barter or hire to the general
public as a principal or agent, or on consignment.
"Physical control" means any animal confined or restrained by a leash or lead by a person of size and
responsibility to adequately keep control of the animal or within the real property limits of its owner.
"Premises" means any lot or parcel of land owned, leased or rented by a person.
"Private kennel" means a person who maintains within or adjoining his or her private residence three dogs
over four months of age, and/or three cats over four months of age, but no more than a combined total of six dogs
and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or
obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of
more than two male dogs or cats used for breeding purposes for which compensation is received, or the
parturition and rearing of more than two litters of dogs or cats in any one calendar year from the total number of
females owned or maintained by that person on the premises, shall establish a rebuttable presumption that such
animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall
be subject to the permit requirements of a commercial kennel.
"Provocation" means:
(1) An act intended, or which would be reasonably understood to harass, menace, threaten or cause
serious injury to a dog;
(2) An act intended, or which would be reasonably understood to cause bodily injury to the dog's owner,
owner's family, owner's property or domestic animals, in the presence of the dog; or
(3) The entry into a private, fully enclosed area of the owner's real property with the intent of committing
a crime or injuring a person.
"Public place" includes, but is not limited to, streets, highways, sidewalks, carnivals, shopping malls, flea
markets and areas in front of commercial establishments, or any other area that is customarily open to the general
public.
(q) "Q" definitions:
"Quarantine" means the isolation of any animal within a substantial enclosure to avoid its contact with other
animals or unauthorized persons.
(r) Reserved for future use.
(s) "S" definitions:
"Sanitize" means to make physically clean, remove and destroy to a practical minimum agents injurious to
health.
"Service Animal" means dogs that are individually trained to do the work or perform tasks for people with
disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf,
pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental
illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an
anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog
has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to
provide comfort or emotional support do not qualify as service animals.
Miniature Horses that have been individually trained to do work or perform tasks for people with disabilities
may also qualify as service animals provided A. They are house broken, B. They are under the owner's control, C.
City facilities can accommodate the miniature horse's type, size, and weight, and D. That the miniature horse's
presence will not compromise legitimate safety requirements necessary for safe operations of the facility.
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"Severe injury" means any physical injury to a person that results in muscle tears or disfiguring lacerations, or
requires sutures or corrective or cosmetic surgery.
"Slaughter" means to kill an animal for food or butcher.
"Small animals" means hares, rabbits, chickens, turkeys, geese, ducks, doves, pigeons, game birds, or other
fowl.
"SVACA" means the Silicon Valley Animal Control Authority.
(t) Reserved for future use.
(u) Reserved for future use.
(v) "V" definitions:
"Vaccination" means a protective inoculation against rabies with an anti-rabies vaccine recognized and
approved by the Santa Clara County Health Department.
"Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for
surgery, diagnosis and treatment of diseases and injuries of animals.
(w) Reserved for future use.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.020 Animals running at large.
No person owning or having control of any animal shall permit the animal to stray or run at large upon any
public street or other public place, or upon any private place or property or common area of any planned
development, cluster, townhouse or condominium project, without the consent of the owner or person in control.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.030 Conditions related only to seizures of dogs running at large.
An animal control officer shall not seize or impound a dog for running at large in violation of Section 7.30.010
when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a
right to control the dog, or upon private property to which the dog owner or person who has a right to control the
dog has a right of possession.
A dog that has strayed from but then returned to the private property of its owner or the person who has a
right to control the dog shall not be seized or impounded merely for violation of Section 7.30.010, but in such a
case, a citation for such violation may be issued; provided, however, that if in such a situation, the owner or the
person who has a right to control the dog is not available at the premises, the dog may be impounded, but the
officer shall post a notice of such impoundment on the front door of the living unit or other conspicuous place on
the property of the owner or person who has a right to control the dog. This notice shall state the following: that
the dog has been impounded, where the dog is being held, the name, address and telephone number of the
agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the
dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right
to control the dog.
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This section shall not otherwise affect the authority of an animal control officer to seize or impound a dog or
issue citations as a result of the violation of other sections of this chapter.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.040 Animal bites, quarantine, violation and examinations.
Any person having knowledge that any animal is known to have or is suspected of having bitten any person
shall immediately report that fact to an animal control officer or Health Officer with full information regarding the
incident.
Upon receipt of such a report, an animal control officer will seize and quarantine the animal for a period of
fourteen days or such other period as may be prescribed by the State Department of Health. The animal control
officer or Health Officer may order the owner to quarantine the animal on the owner's premises.
Any person who fails, refuses or neglects to quarantine any animal as ordered by the animal control officer,
or who refuses to allow the animal control officer to inspect any private premises where the animal is kept is guilty
of a misdemeanor. No animal shall be removed or released during the quarantine period without written
permission of the animal control officer.
The administrator may charge a fee, as set forth in a resolution adopted by the City Council, to recoup the
costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the
owner of the animal. This fee shall be in addition to the actual costs of the Health Officer in housing, feeding and
otherwise caring for a quarantined animal.
The specimens from any animal that dies or is destroyed while under quarantine shall be submitted to the
laboratory of the County Health Department for rabies examination.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.050 Diseased animals.
(a) No person owning or having charge of any animal known to be infected with any disease transmittable to
humans shall permit such animal to be or remain within the County other than at an approved veterinary
hospital unless the Health Officer approves an alternative means of confinement.
(b) The animal control officer shall seize any animal he or she reasonably believes to be infected with disease
transmittable to humans. The animal control officer shall keep such animal in a safe place for a period
sufficient to observe, examine and determine whether it is diseased or vicious so as to be a menace to public
health or safety.
(c) Diseased or vicious animals which are a danger to public health or safety shall be impounded and may be
destroyed.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.060 Dead animals.
Upon the death of any animal, the owner shall provide for the burial, incineration or other disposition of the
body of the animal. If the owner of any dead animal is unable to provide for burial or other disposition, the owner
may request the animal control officer to dispose of the body of the animal.
Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the
animal control officer will remove the animal's body immediately; provided, however, that the animal control
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Page 7 of 13
officer shall not be required to remove and dispose of bodies of dead animals on State highways or on State
property. Before disposing of the body of a dead animal, the animal control officer will give notice to the owner of
the animal, if known, within seventy-two hours of the time that the dead animal is removed.
The administrator will collect a fee sufficient to recover costs associated with removal and disposal of dead
animals which shall be paid by the owner, if known; but no fee shall be charged to the owner of a dead dog or cat
if that person is sixty-five years or older. The fee shall be set in a resolution adopted by the City Council.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.070 Abandoned animals.
It is unlawful to abandon any animal in the City of Campbell.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.075 Animals on City property.
No person having the control or care of any animal shall permit such animal to enter or remain on City
property and/or in City-owned or City-managed buildings other than public streets and sidewalks, a building used
for the purpose of care, detention, space control or treatment of animals, or areas designated as "dog parks" or
"off-leash areas," or a building used for training classes, shows or exhibitions. This section does not apply to
persons who have a visual or auditory disability and who use service animals for guidance or to accommodate a
disability, or dogs used in law enforcement by a governmental agency, or persons expressly authorized by the City
Manager, upon finding that the animal will not be disruptive to the operations of the City, or a hazard to persons
or property.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.080 Poisoning and abusing dogs, cats or other domestic animals.
In addition to California Penal Code section 596, it is unlawful for any person to willfully administer poison to
any dog, cat or other domestic animal, or to willfully place, expose or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat or other domestic animal. Further, it is unlawful for
any person to maliciously kill, maim, wound, mutilate, torment, torture or physically abuse any animal.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.090 Public nuisance.
(a) No person owning or having control of any animal shall permit the animal to do any of the following:
(1) Defecate or urinate on private property (other than that of the owner or person having control of the
animal);
(2) Defecate on public property without immediately removing the excrement to a proper receptacle;
(3) Obstruct or interfere with the reasonable and comfortable use of property by chasing vehicles,
molesting passersby, barking, howling, baying or making any other noise;
(4) Permit unsanitary conditions to exist on the premises where the animal is kept that would cause odors,
attract flies or vermin, or otherwise be injurious to public health and safety, or be indecent, or
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Page 8 of 13
offensive to the senses, or be such an obstruction to the free use of property so as to interfere with the
comfortable enjoyment of life or property by other persons;
(5) Trespass on school or grounds;
(6) Attack other humans or animals;
(7) Damage private or public property;
(8) Repeatedly run at large;
(9) Run at large while in the stage of heat;
(b) The animal control officer may seize and impound any animal causing or creating a public nuisance.
(c) A violation of this section is hereby declared to be a public nuisance.
(d) Any private person may maintain an action under California Civil Code section 3493 for enforcement of this
section declaring certain acts a public nuisance, if such acts are specifically injurious to that person.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.100 Authority of animal control officer.
Each animal control officer shall have and is hereby vested with the authority of a peace officer. Each animal
control officer may, in the performance of his/her duties, enter upon any property to ascertain if any of the
provisions of the chapter or any State laws relating to disease, care, treatment, impounding, or cruelty to animals
are being violated. Each animal control officer may make arrests for the violation of the provisions of this chapter
or any State laws in the manner provided by law.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.110 Animals and vehicles.
(a) No person shall transport or carry any animals in or on a motor vehicle on any public highway, street or roadway located within the city limits unless the animal is safely enclosed within the vehicle or otherwise
safely attached or secured to the vehicle by means of a container, cage or other device which will prevent
the animal from falling from, jumping from or being thrown from the vehicle while the vehicle is in motion.
(b) No person shall leave any animal in an unattended motor vehicle without adequate ventilation or in such a
manner as to subject the animal to extreme temperatures that may adversely affect the health or well being
of the animal.
(c) An animal control officer, police officer or safety officer is authorized to use reasonable force to remove an
animal from a vehicle when it appears that the animal's health, safety or welfare is or will be endangered.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.120 Interference with police dogs.
No person shall injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise interfere with any police
dog within the jurisdictional boundaries of the City while the police dog(s) is in the custody of a police officer
and/or is being used in the performance of official duties.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
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7.04.130 Feeding of animals on posted public property prohibited.
(a) It is unlawful for any person to feed, cause to be fed, offer food to any animal, or to scatter food, seed or
other forms of matter edible to animals (collectively referred to as "feed" or "feeding") on any public
property (which includes, but is not limited to, public buildings, streets, street rights-of-way, sidewalks,
driveways, parks, school grounds, public facilities or any other public property), or portion thereof, in the City
which has been posted with a sign(s) warning that it is illegal to feed animals on the posted public property.
(b) When warning sign(s) are posted on public property prohibiting the feeding of animals on the public
property (or portion thereof), the warning sign(s) are to read substantially as follows in letters that are at
least one inch in height:
WARNING
The feeding of animals [i.e. in the park, within fifty yards of the pond, on the school grounds, etc.] is prohibited
pursuant to Campbell Municipal Code § 7.04.130.
The warning sign(s) are to be situated in conspicuous locations on the posted property (or portion thereof),
taking into account the physical configuration of the public property (or portion thereof).
(c) This section does not apply to City or other public agency-authorized events or programs.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.140 Animal maintenance and duties of owners.
(a) The provisions of this section shall be in addition to, and not in lieu of, any other regulations contained in this
Code or in any other ordinance of the City regarding the keeping and maintenance of animals.
(b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary
condition, and shall have the duty to supply such animal with food, water and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary condition, and free from all noxious odors or
substances. The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is
hereby prohibited and declared to be a public nuisance.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.150 Shelter requirements.
(a) Any animal maintained outdoors shall have adequate shade and shelter so that the animal can protect itself
from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, so the animal
can remain dry during rain and stay warm during cold weather.
(b) The shelter for any animal shall be:
(1) Accessible to the animal at all times and constructed and maintained so that the animal has convenient
access to food and water;
(2) Situated to prevent exposing the animal to unreasonably loud noise, or teasing, abuse or injury by
another animal or person;
(3) Constructed with at least five sides including a roof and floor. The floor shall be raised off the ground;
be free of cracks, depressions and rough areas where insects, vermin or eggs for internal parasites may
lodge; and protect the animal's legs and feet from injury;
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(4) Of adequate size inside and outside the shelter to allow the animal to stand up, sit, turn around freely
or lie down in a normal position, defecate or urinate away from its confinement, and safely interact
with any other animal;
(5) Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly
diffused throughout the shelter, and sufficient illumination for routine inspections and care of the
animal;
(6) Supplied with clean and dry bedding material or other means of protection from the weather elements
to maintain the shelter at a temperature that is not harmful to the health of the animal;
(7) Cleaned and maintained in a manner designed to insure sanitary conditions and to control for insects,
ectoparasites and other pests. Carcasses, debris, food waste and excreta shall be removed from the
shelter as often as necessary to minimize unreasonably obnoxious odor, allergen, pests and the risk of
disease.
(8) Be constructed and maintained in good repair to protect the animal from injury.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.160 Water requirements.
No person shall keep, use or maintain any animal on any premises unless the animal has access to clean and
fresh water at all times. If the water is kept in a container, this container shall be designed sufficiently to prevent
tipping and spilling of the water contained therein. Watering containers shall be kept clean, kept out of sun and
must be emptied and refilled with fresh water at least once a day. If the water is provided by an automatic or
demand device, the water supply connected to the device must function 24 hours a day.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.170 Feeding requirements.
No person shall keep, use or maintain any animal on any premises unless the animal is provided sufficient
food daily to maintain proper body weight and good health. The animal shall be provided food, which shall be free
from contamination, wholesome, palatable and sufficient quantity and nutritional value to meet the normal daily
requirements for the condition and size of the animal.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.180 Confinement requirements.
(a) All animals shall be able to stand to their full height, stretch out, turn around, lie down, and make normal
postural adjustments comfortably. Minimum space for dogs in pens (not including shelter space) shall be as
follows:
Number of dogs Small
(to 25 lbs)
Medium
(25-50 lbs)
Large
(over 50 lbs)
1 3 x 7 (21 sq ft) 6 x 10 (60 sq ft) 8 x 10 (80 sq ft)
2 4 x 8 (32 sq ft) 8 x 10 (80 sq ft) 8 x 12 (96 sq ft)
3 5 x 9 (45 sq ft) 8 x 12 (96 sq ft) 10 x 14 (140 sq ft)
4 8 x 10 (80 sq ft) 10 x 12 (120 sq ft) 12 x 16 (192 sq ft)
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(b) No dog shall be tethered, fastened, chained, tied or restrained to a shelter, tree, fence or any other
stationary object, except in accordance with Penal Code section 597, as may be amended.
(c) If a dog is confined in compliance with subsection (a), the owner may:
(1) Attach a dog to a running line, pulley or trolley system, except no dog may be tethered to a running
line, pulley or trolley system by means of a choke collar or pinch collar;
(2) Tether, fasten, chain, tie or otherwise restrain a dog pursuant to the requirements of a camping or
recreational area;
(3) Tether, fasten, chain or tie a dog no longer than is necessary for the person to complete a temporary
task that requires the dog to be restrained for a reasonable period;
(4) Tether, fasten, chain or tie a dog while engaged in or actively training for, an activity that is conducted
pursuant to a valid license issued by the State of California if the activity for which the license is issued
is associated with the use or presence of a dog. Nothing in this section shall be construed to prohibit a
person from restraining a dog while participating in activities or using accommodations that are
reasonably associated with the licensed activity;
(5) Tether, fasten, chain or tie a dog while actively engaged in conduct that is directly related to the
business of shepherding or herding cattle or livestock, or directly related to the business of cultivating
agricultural products, if the restraint is reasonably necessary for the safety of the dog.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.190 Adequate exercise.
All animals must be provided with adequate exercise. "Adequate exercise" means the opportunity for the
animal to move sufficiently to maintain normal muscle tone and mass for the age, size and condition of the animal.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.200 Chain collar prohibited.
It shall be unlawful for any person to use a chain as a collar for any animal except during training sessions
under the direct supervision of the owner or handler.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.210 Ventilation and light requirements.
All animal holding areas shall be constructed to allow a free flow of fresh air. All animals shall have at least
ten hours of light per day, except as directed by hibernation, veterinarian advice or professionally accepted
practices for the safety and well-being of the animal. Lighting of primary enclosures shall be designed to protect
animals from excessive illumination. The duration of illumination shall be appropriate for the species involved.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.220 Veterinary treatment.
All animals shall receive veterinary treatment from a veterinarian licensed by the State of California when
such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease.
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(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.230 Unnecessary suffering.
No animal shall be subjected to unnecessary suffering or cruelty. Unnecessary suffering or cruelty may be
caused by deficiencies in the categories listed above. Unnecessary suffering is also caused by situations which
expose an animal to prolonged fear, injury and pain, physical abuse or lack of proper sanitation. The absence of
interaction with humans or other animals also causes an animal unnecessary suffering if it results in health and/or
temperament problems.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.240 Animal traps.
(a) It shall be unlawful for any person to use any of the following animal traps within the City limits:
(1) Leg-hold steel-jawed traps;
(2) Steel-jawed traps;
(3) Leg-hold traps; and
(4) Saw-toothed or spiked-jaw traps.
(b) If any person is using an animal trap that is not prohibited under Subsection (a), that person shall:
(1) Check the trap, at a minimum, every twelve hours;
(2) Maintain the trap in proper working condition;
(3) Remove, release or transfer the animal from the trap within twelve hours after the animal enters the
trap;
(4) Cover or move the trap and the animal so that it is not directly exposed to the elements including, but
not limited to sun, rain, cold or other conditions that may be detrimental to the animal's health; and
(5) Euthanize and dispose of the animal in accordance with the law.
(c) Any person that uses a trap as part of a trap, spay or neuter and release program for cats is exempt from
complying with subsection b(3) if:
(1) Confinement for more than twelve hours is for the purpose of spaying or neutering the cats and the
cats are released as soon as medically practical; and
(2) The cats receive adequate water, food and shelter pursuant to sections 7.04.150—7.04.170.
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
7.04.250 Slaughtering.
(a) It is unlawful for any person, by any means, to slaughter any animal within the City.
(b) This section shall not apply to the act of putting to death any such animal by the discharge of firearm by a
sworn peace officer if the animal is dangerous or is so badly injured that humanity requires its removal from
further suffering and no other disposition is practical.
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(c) This section shall not apply to the act of putting to death any such animal by a licensed veterinarian,
pursuant to section 7.30.110(e).
(Ord. No. 2179, § 3(Exh. B), 6-2-2014)
Title 20 - SUBDIVISION AND LAND DEVELOPMENT
Chapter 20.16 PARCEL MAP PROCEDURES
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:56 [EST]
(Supp. No. 37)
Page 1 of 4
Chapter 20.16 PARCEL MAP PROCEDURES
20.16.010 Requirement.
A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act of four or fewer lots except for subdivisions created by short-term leases
(terminable by either part on not more than thirty days notice in writing) of a portion of an operating right-of- way
of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon
a showing made to the planning director based upon substantial evidence that public policy necessitates such a
map, this exception shall not apply.
Such maps shall meet all requirements of the Subdivision Map Act and of this title and shall show all
dedications or offers of dedication thereon.
The community development director may require that such dedications or offers of dedication be made by
deed in lieu of or in addition to appearing on the map.
(Ord. 1619 § 1(part), 1986).
(Ord. No. 2225, § 4, 8-15-2017)
20.16.020 Tentative parcel map.
When a parcel map is required by this title, a tentative parcel map shall first be filed with the director of
public works. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act
and this title consistent with applicable general and specific plans.
(Ord. 1619 § 1 (part), 1986).
20.16.030 Action on tentative parcel maps.
The community development director shall approve or deny an application to subdivide lands into four or
fewer lots. Applications therefor shall be accepted only upon payment of a fee in an amount prescribed by
resolution of the City Council.
Before approval or conditional approval may be given, such subdivision must be considered by the city
engineer.
All conditions required by the city engineer shall be incorporated in the community development director's
conditional approval and findings. Denial by the city engineer shall require denial of the tentative map.
All lots created by such subdivision shall have frontage upon a street dedicated as a public street, provided
that the community development director may approve not more than one lot without such required frontage on
a public street, hereinafter referred to as "rear lot," under the following conditions:
(1) The front lot shall meet all of the requirements of the zoning district within which it is located.
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(2) The rear lot shall meet all of the requirements of the zoning district within which it is located and, in
addition, shall have an area which exceeds the lot area requirement by ten percent exclusive of any
access to a public street.
(3) Access to the public street for a rear lot shall not be over an easement but over land under the same
ownership as that of rear lot; such access shall have a minimum width of fifteen feet and shall have a
paved way not less than ten feet in width.
(4) The creation of a rear lot would be consistent with all applicable specific plans and/or area plans.
The community development director shall have authority in granting such application to impose such
conditions as are deemed necessary to protect the best interests of the surrounding property or neighborhood
consistent with the general purpose and intent of this title, including, but not limited to, adequate provisions for
fire protection, easements for public utilities and improvements of all proposed streets to the standard prescribed
in Title 11 or such lesser standards as may be approved by the community development director.
Before such subdivision is approved, the applicant shall pay all unpaid county and municipal taxes except
taxes not yet payable.
A denial of such application may be appealed by the applicant to the planning commission within ten days
after the mailing of notice of the decision of the community development director to the applicant at the address
shown on the application.
The appeal shall be in writing, shall be filed with the secretary of the planning commission, shall generally set
forth the grounds of appeal and shall be accompanied by a filing fee in accord with the schedule of fees as
established by the City Council, no part of which is refundable.
Where the planning commission or decision-making body grants approval subject to conditions, said
conditions shall be fulfilled within twenty-four months after the decision of the planning commission or decision-
making body for a housing development project, or within such time as the planning commission may prescribe for
a nonresidential project.
20.16.033 Expiration of Tentative Parcel Maps.
An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional
approval unless an application for an extension is filed or special circumstances apply under the Subdivision Map
Act. In any case, where the planning commission grants approval subject to conditions, said conditions shall be
fulfilled within twenty-four months after the decision of the planning commission, or within such time as the
planning commission may prescribe.
If all of the conditions are not fulfilled within such period, tThe application and any approval thereof shall
automatically be void and no building permit or other permit issued by the city shall be issued to be used upon or
with respect to the subdivision as approved until a new application has been made and approved as provided in
this section. Prior to the fulfillment of all of the conditions, no building or other such permit shall be issued during
the twenty-four-month period for any structure or use which would not qualify for a permit in the event the
approval should become void under this section unless a proper bond is posted guaranteeing fulfillment of such
conditions.
(Ord. 2003 § 3, 2001; Ord. 1619 § 1(part), 1986).
(Ord. No. 2225, § 5, 8-15-2017)
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20.16.035 Exception to access requirement.
The Ccity Ccouncil upon recommendation of the Ppplanning Ccommission, or highest decision-making body
identified for any land use permit submitted concurrently with the request for subdivision in accordance with
Chapter 21.38 (Application filing, processing, and fees), may approve a subdivision which creates lots which do not
have frontage on a public street under the following circumstances:
A. The subdivision is either:
1. A housing development project subject to the Multi-Family Development and Design Standards
(MFDDS) established by Chapter 21.07 (Housing Development Regulations) which provides for all
shared improvements (i.e., driveways, landscaping, parking areas, stormwater treatment
facilities) on one or more common lots maintained by a Home Owners Association with recorded
Covenants, Conditions, and Restrictions to provide for the ongoing maintenance of such areas
Zoned PD (planned development) or C-PD (condominium-planned development),; or
2. Projects subject to an Overlay/Combining District as governed by Chapter 21.14
(Overlay/Combining Districts) which specifically allows for such access; or
32. Part of, or contiguous to an existing or proposed commercial, industrial, mixed use or office
development exceeding twenty acres in total site area, and is integrated with said development
through common access easements or other aspects of integrated site design; and
B. Permanent vehicular and pedestrian access is assured through recordation of reciprocal ingress/egress
easements for all parcels within the subdivision boundary, including access rights for all property
owners, guests, employees, clients and customers of all business entities or tenants lawfully located
within the subdivision boundary; and
C. Each independent parcel is self-sufficient in terms of parking requirements to serve the existing or
proposed uses on the parcel unless off-site parking is assured through permanent parking easements
located nearby (within three hundred feet of the building's or center's public entrance) on adjoining
parcels; and
D. Utility connections are located within easements benefitting the independent parcels which exist or
are proposed within the subdivision; and
E. The subdivision will not disrupt or delay the provision of street improvements; and
F. Covenants shall be recorded which obligate existing and future property owners to jointly provide for street improvements, as required by Chapter 11.24 of this code, or condition of subdivision approval,
and to participate in any assessment district which might be formed for the purpose of installation of
said street improvements; and
G. Covenants, conditions and restrictions (CC&Rs) shall be recorded which ensure the joint development
of landscape improvements along the public street perimeter of all parcels within the subdivision
boundaries; and
H. The subdivision CC&Rs shall establish a property owners association for the joint maintenance of
reciprocal rights of way and perimeter landscape areas; and
I. In instances when more than one of the proposed parcels will remain under one ownership, the above
easements and/or covenants shall be placed in escrow and recorded simultaneously with any transfer
of ownership of any of the affected parcels, at no cost to the city.
(Ord. 1823, 1990).
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20.16.040 Parcel map waiver.
The requirement for a parcel map may be waived whenever the community development director finds that
the proposed division of land meets all city requirements as to (1) area, (2) improvement and design, (3)
floodwater drainage control, (4) appropriate improved public roads, (5) sanitary disposal facilities, (6) water supply
availability, (7) environmental protection, (8) all other requirements of the Subdivision Map Act and any applicable
provisions of this title.
(Ord. 1619 § 1(part), 1986).
(Ord. No. 2225, § 6, 8-15-2017)
Title 20 - SUBDIVISION AND LAND DEVELOPMENT
Chapter 20.24 PARK IMPACT FEES AND PARK LAND DEDICATION SUBDIVISIONS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:56 [EST]
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Page 1 of 9
Chapter 20.24 PARK IMPACT FEES AND PARK LAND DEDICATION SUBDIVISIONS1
20.24.010 Purpose.
This chapter is intended to assist the city to implement the adopted general plan as it pertains to providing
parks and open space. This chapter is enacted pursuant to the authority granted by the Subdivision Map Act of the
state of California.
(Ord. 1905 § 2(part), 1994).
20.24.020 Definitions.
(a) "Apartment conversions" means any project involving the conversion of existing apartment units into stock
cooperatives, condominiums or townhouses which consists of the subdivision of air space.
(b) "Children's play apparatus area" means an area which encompasses children play facilities such as swings,
slides, sandboxes, climbing structures and associated open areas.
(c) "Dependent care facility" means a building or facility designed for the care of persons that require
hospitalization, are not independently mobile and are unable to use park facilities unassisted. A convalescent
hospital is an example of a dependent care facility.
(d) "Developer" means any person, individual, owner or applicant that seeks to obtain building permits to
construct added residential units on any parcel within the city.
(e) "Developments" means building projects which include the construction of residential units for which
building permits are required.
(f) "Fair market value" means the monetary value of the land based on the sales price of comparable residential
and commercial land, using accepted professional appraisal practices.
(g) "Family picnic area" means an outdoor eating area which encompasses facilities such as barbecues, tables
and benches, covered eating areas, and associated lawn and tree areas of sufficient size and distance from
other activities to avoid conflicts between uses.
(h) "Game court area" means an area consisting of built-in facilities on hardscape and landscape surfaces to
accommodate activities or games, such as, lawn-bowling, basketball, shuffleboard, volleyball and badminton.
(i) "Improvements" means any and all improvements necessary to render a site functional for park purposes
including irrigation systems, turfed areas, hardscape areas, plant materials, play apparatus, fencing,
1Editor's Note:
1. The provisions of Section Two of Ordinance 1905 shall not apply to any subdivision for which a tentative
subdivision map or parcel has been filed before the effective date of Ordinance 1905; such subdivisions shall
be governed by Chapter 20.24 of this code as it existed prior to the effective date of Ordinance 1905.
2. The provisions of Section Two of Ordinance 1905 shall apply to all subdivisions for which a tentative subdivision
map or parcel map is filed after the effective date of Ordinance 1905.
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pedestrian and bicycle pathways, play surfaces such as basketball courts, tennis courts and other similar
improvements, as deemed appropriate by the city.
(j) "Junior accessory dwelling unit" means the same as "Junior accessory dwelling unit" as defined in Title 21 of
this code.
(k) "Landscape park-like and quiet areas" means landscaped areas typically consisting of turf and expansive
trees of sufficient size and location to be reasonably isolated from the noise or activity of other areas of the
development and adjacent uses.
(l) "Legally constructed unit" means any building or portion thereof which contains living facilities, including
provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code and for
which building permits were issued, inspections conducted and approved and a final certificate of occupancy
issued, in accordance with the building codes then in effect, and the ordinances of the city. Legally
constructed units shall include those demolished units that met the above definition when constructed,
provided they existed within two years of dedication of park land or payment of the park fee required under
this chapter.
(m) "Multi-family dwelling" means the same as "Multi-family dwelling" as defined in Title 21 of this code. For the
purposes of this Chapter, any residential unit type not considered to be a Single-family dwelling or a
Secondary living unit will be considered a Multi-family dwelling (i.e. "Duplex", "Triplex", "Fourplex", etc.)
(n) "Non-residential building(s) or structures(s)" means any building or structure which is not used or intended to be used for residential occupancies as permitted by the Uniform Building Code and the residential zones
of the city.
(o) "Park land obligation" means the amount of land dedication or park fees in lieu thereof that is required by
this chapter to serve the open space needs of the development project or subdivision.
(p) "Primary dwelling unit" means the same as "Primary dwelling unit" as defined in Title 21 of this code.
(q) "Recreation center building" means a building of sufficient size and a reasonably central location to residents
of the development and which provides meeting rooms, activity rooms, and indoor active and passive
recreation activities such as sitting or reading areas, pool tables, game rooms, and other similar facilities.
(r) "Secondary living units" means accessory dwelling units and caretaker or employee housing units as so
defined in Title 21 of this code.
(s) "Specialized housing development" means any housing development which allows limited occupancies which
have specialized open space needs that would not be adequately served by the open space amenities
described in Section 20.24.110(b), with occupancy controlled via a covenant with the city named as a third
party beneficiary. Examples of specialized housing developments could include senior or handicapped
housing projects.
(t) "Single-family dwelling" means the same as "Single-family dwellings" as defined in Title 21 of this code.
(u) "Subdivider" means the same as set forth in California Government Code Section 66423 or its successor.
(v) "Subdivision" means the same as set forth in California Government Code Section 66424 or its successor.
(w) "Swim pool and adjacent areas" means a pool with dimensions of forty-two feet by seventy-five feet, with
adjacent decks and fenced or enclosed areas, or such dimensions as determined by the city manager or
his/her designee meet the recreation demands of the subdivision or development.
(x) "Turf playfield" means an expansive and unobstructed lawn area of sufficient size to accommodate team play
activities for such sports as football, soccer or baseball and which is landscaped around the perimeter with
extensive trees and shrub materials to buffer the activities from adjacent residential units.
(Ord. 1905 § 2(part), 1994).
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( Ord. No. 2252 , § 19, 11-19-2019; Ord. No. 2254 , § 8, 11-19-2019)
20.24.030 Requirements.
(a) Dedication or In-Lieu Fee Requirement. As a condition of approval of a tentative subdivision map or parcel
map, or reinstatement or extension of a tentative subdivision map or parcel map, the subdivider shall
dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for the establishment and
rehabilitation of park and recreational facilities within the city at the time and according to the standards and
formula contained in this chapter.
(b) Exclusions. The provisions of this chapter are not applicable to subdivisions which involve the following land
use types or categories:
(1) Commercial or industrial land uses not involving any residential units, building(s) or structure(s);
(2) Conversion of an apartment building to a stock cooperative, condominium or townhouse units, when
no new dwelling units are added;
(3) Dependent care facilities.
(Ord. 1905 § 2(part), 1994).
20.24.040 General standard.
The public interest, convenience, health, welfare and safety require that three acres of property be devoted
and developed for park and recreational purposes for each one thousand persons currently residing or who may in
the future reside within the city, as determined in the open space element of the general plan of the city.
(Ord. 1905 § 2(part), 1994).
( Ord. No. 2254 , § 9, 11-19-2019)
20.24.050 Standards and formula for dedication of land.
(a) Dedication Requirement. The subdivider shall provide park lands and park improvements sufficient to serve
the residents of the subdivision. The subdivider shall dedicate and improve three acres of park land for every
one thousand persons projected to reside in the subdivision pursuant to this chapter.
(b) Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved for
recreation purposes or the equivalent fee to be paid shall be as follows:
Number of
additional units
× Average number of
persons per unit
× 3 acres
1,000 population
Example of a six-lot single-family subdivision:
6 parcels × 2.72 persons ×
per parcel
3.0 acres per
1,000 persons
= 0.04896 acres
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(c) Subdivisions Allowing More Than One Unit Per Parcel. In the event that land is proposed for subdivision
within a zoning district that allows more than one dwelling unit per parcel then the park land dedication
formula shall be applied using the maximum number of units permitted by the zoning classification of the
property, unless development on the land to be subdivided is constrained by a zoning restriction or
development approval and the density limitation is reflected as a condition of approving the tentative and
final map, in which case the number of units shall be that number set forth in the conditions of approval of
the tentative map or other development approval.
(d) Mixed Use Subdivisions. Subdivisions which allow residential units mixed on the same parcel with
nonresidential units shall dedicate land and/or pay a fee based on the park acreage formula using the actual
number of residential units and unit types.
(Ord. 1905 § 2(part), 1994).
( Ord. No. 2254 , §§ 10, 11, 11-19-2019)
20.24.060 Persons per unit.
For purposes of the formulas set forth in this chapter, the number of people projected to occupy the
subdivision and the resulting acreage requirement per dwelling unit, as established by the most recent available
federal census, is as follows:
Acreage Requirements by Density
Acreage Requirements by Unit Type
Dwelling Unit Type Persons per Unit Acreage Requirement per Unit
Based on 3 Acres/1,000 Persons
Single-family 2.72 0.00816
Multi-family 1.93 0.00579
(Ord. 1905 § 2(part), 1994).
( Ord. No. 2254 , § 12, 11-19-2019)
20.24.070 Determination of land dedication or fee.
(a) Recreational Facility Within the Subdivision. Where a park or recreational facility has been designated in the
open space element of the general plan of the city, and is to be located in whole or in part within the
proposed subdivision to serve the immediate and future need of the residents of the subdivision, the
subdivider shall dedicate land for a park.
(b) No Recreational Facility Within the Subdivision. If there is no park or recreational facility designated in the
open space element of the general plan to be located in whole or part within the proposed subdivision, the
city may either require dedication and improvement of land for park use and/or payment of a fee in lieu of
dedicating land and providing improvements.
(c) Subdivisions With Fifty Parcels or More. Where a proposed subdivision containing fifty parcels or more lies in an area not then included within the city's general plan for park or recreational use, the city shall determine
whether to require dedication and improvement or a fee in lieu of dedication and improvement, in
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accordance with the criteria developed pursuant to the implementation measures set forth in the open
space element of the general plan.
(d) Subdivisions With Fifty Parcels or Less. Not-withstanding anything contained herein to the contrary, only the
payment of fees shall be required in subdivisions containing fifty parcels or less, rather than dedication of
land and provisions of improvements in accordance with the provisions of Section 20.24.080; provided,
however, that when a condominium project, stock cooperative or community apartment project exceeds
fifty dwelling units, dedication of land and provisions of improvements may be required when the number of
parcels is fifty or less, in accordance with the criteria of subsections (a), (b) and (e) of this section.
(e) No Criteria or Sites Within Open Space Element. If no criteria or specific sites for parks have been identified
in the open space element of the city's general plan, the city council shall determine whether to require
dedication of land, or payment of an in-lieu fee based on the following factors:
(1) The appropriateness of the topography, geology, access and location for park or recreational use;
(2) The size and shape of the subdivision and whether land available for dedication is suitable for park or
recreational use;
(3) The availability of existing or previously acquired park property to serve the area where the subdivision
is located;
(4) The availability of other nearby or adjoining property for consolidation as park land.
(f) Land Dedication Satisfying the Requirement. If unimproved land is dedicated in lieu of providing the park improvements required by this chapter, the subdivider shall dedicate sufficient additional land of equivalent
value to the value of the improvements that would otherwise have been required, or pay an equivalent fee,
at the discretion of the city council.
(g) Council Determination. The determination of the city council as to whether land shall be dedicated or a fee
shall be charged, or a combination thereof, shall be final and conclusive.
(Ord. 1905 § 2(part), 1994).
20.24.080 Amount of fee in lieu of land dedication.
Where a fee is required to be paid in whole or in part for park purposes, the amount of such fee shall be
computed as follows:
(a) The city council shall set the fees by resolution, in accordance with the terms of this section.
(b) Amount of Fee. The amount of the fee shall be no greater than the fair market value of commercial and
residential land within the city on a per acre basis, multiplied times the acreage of land required to be
dedicated pursuant to this chapter, plus the total cost of improvements necessary to develop such
property for park and recreation purposes.
(c) Determining Fair Market Value. The city manager or his/her designee shall determine the fair market
value of residential land, as defined in Section 20.24.020(f) of this chapter, on a per acre basis and the
cost of park improvements in the city, and this determination shall be used in determining the
maximum amount of the fee.
(d) Partial In-Lieu Fee Payment. Payment of an in-lieu fee shall be required for any subdivision that does
not dedicate and improve sufficient land to satisfy the requirements of Section 20.24.050 of this
chapter. The difference between the dedication standard and the amount of land dedicated shall be
paid as an in-lieu fee, as defined in this chapter. When a full or partial fee is required, the park acreage
standard not satisfied by land dedication shall be multiplied times the cost of land and improvements
to determine the amount of the fee.
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(e) Secondary living units. The in-lieu fee for secondary living units shall be calculated in accordance with
State law.
(f) Junior accessory dwelling units. Junior accessory dwelling units shall be exempt from the payment of
in-lieu fees.
(Ord. 2058 § 1(part), 2005: Ord. 1905 § 2(part), 1994).
( Ord. No. 2254 , §§ 13, 14, 11-19-2019)
20.24.090 Timing of fee payment or dedication of land.
Any new subdivision of property for residential purposes shall dedicate the land or pay the fee prior to
recordation of the final subdivision map. The amount of the dedication or fee obligation shall be calculated in
accordance with the "number of persons per unit" in effect at the time that land is dedicated to the city or the fee
payment is received by the city.
(Ord. 1905 § 2(part), 1994).
20.24.100 Use of fees and/or dedicated land.
The revenue raised by payment of the fees or dedication of land imposed by this chapter shall be used to
provide the parks and park improvements specified in the general plan.
(a) Use of Money. The money collected under this chapter shall be placed in a special revenue fund which
is created and which shall be known as the park dedication in-lieu fund. Moneys within this fund shall be used and expended solely for the acquisition, improvement, expansion or implementation of parks
and recreational facilities of the city.
(b) Use of Dedicated Land. Land dedicated pursuant to this chapter shall be used to provide the parks and
park improvements specified in the general plan of the city.
(Ord. 1905 § 2(part), 1994).
20.24.110 Credits.
Credits against the park land dedication requirements shall be granted for the following:
(a) Previous Dedications and Existing Legally Constructed Units.
(1) Any dedications or payments of fees previously made to the city for park and recreation purposes
under this chapter, for any existing legal lot of record within the proposed subdivision shall be
credited against any dedication or fee imposed on the subdivision under this chapter.
(2) Existing legally constructed units within the proposed subdivision shall be counted as a credit
against the fee or dedication requirements applicable to developments at the density rate of the
existing dwellings, up to a maximum of one hundred percent of the park land obligation.
(b) Private Open Space. Partial credits of up to fifty percent of the park land obligationdedication
requirements shall be granted for subdivisions and developments which provide open space which is
privately owned and maintained and which meet all of the following requirements:
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(1) Yards, court areas, setbacks and other open areas required to be maintained by the zoning and
building ordinances and regulations shall not be included in the computation of such private
open space;
(2) Private ownership and maintenance of the open space is adequately provided for by recorded
written agreement, conveyance or restrictions;
(3) Use of the private open space is restricted for park and recreational purposes by recorded
covenant, which runs with the land in favor of the future owners of property and which cannot
be defeated or eliminated without consent of the city or its successor;
(4) The proposed private open space is reasonably adaptable for use for park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology, access and
location;
(5) The facilities proposed for the open space are in substantial accordance with the provisions of
the open space element of the general plan; and
(6) That the open space for which credit is given provides a minimum of five of the local park basic
elements listed below:
Minimum
Acres
(A) Children play apparatus area .50 (B) Landscape park-like and quiet areas .50
(C) Family picnic area .25
(D) Game court area .25
(E) Turf playfield 1.00
(F) Swim pool and adjacent areas .25 (G) Recreation center building .15
The city council may grant park credit for a combination of the above elements and other recreational
improvements that will meet the specific recreation or park needs of the future residents of a specialized
housing development determined to be of an equivalent land area and improvement value.
(c) Public Open Space. Partial credits of up to fifty percent of the park land obligation (based on the
amount of public open space provided and credited at a one-to-one ratio against the park land
obligation), shall be granted for subdivisions and developments which provide open space which is
privately owned, insured, developed, and maintained, but publicly accessible, and which meet all the
following requirements:
(1) Design and Size. Any public open space area seeking partial credits under this section shall meet
the definition of “Large Site Open Space, Public” and requirements of Chapter 8 (Specific to Large
Sites) of the Multi-Family Development and Design Standards as established by Chapter 21.07
(Housing Development Regulations) of the Campbell Municipal Code.
(2) Covenant. A covenant, providing for permanent public access and use, shall be recorded against
the designated publicly accessible open space area as well as any associated areas necessary to
provide public access to the satisfaction of the Public Works Director and City Attorney.
Redevelopment Project Area. In the event that a subdivision within the redevelopment project area
provides five of the basic park elements set forth in Section 20.24.110(b) but the minimum acreage
requirements are not met for all of the five elements to qualify for the fifty percent credit, then the
developer shall be entitled to a ten percent credit for each of the facilities listed in Section 20.24.110(b)
which meet the minimum acreage specified, provided the total does not exceed a credit of fifty percent
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of the park dedication requirement, and the city council determines that such a waiver promotes the
objectives of the redevelopment project area.
(d) Written Findings. Before credit is given the city manager or designee, or city council, shall make written
findings that the above standards are met.
(Ord. 1905 § 2(part), 1994).
20.24.120 Waivers and appeals.
The subdivider or developer of a project subject to a dedication or fee pursuant to this chapter may appeal
to the city council for a reduction or adjustment to that requirement, or a waiver based on the following:
(a) Affordable Housing. The city council may grant a full or partial waiver of the fee or dedication
requirements of this chapter whenever the city council finds that such waiver would advance the
provisions of affordable housing identified as necessary under the housing element of the city's general
plan or pursuant to Section 21.62.040 (Density bonus provisions) of this code, provided such waivers
do not significantly impair the city's ability to meet the goals identified in the open space element of
the general plan.
(b) Additional Grounds for Waiver or Reduction. The subdivider or developer of a project subject to a dedication or fee pursuant to this chapter may appeal to the city council for a reduction or adjustment
to that requirement, or a waiver on any of the following grounds:
(1) The amount or location of the land to be dedicated does not bear a reasonable relationship to
the use of the park and recreational facilities by the future inhabitants of the subdivision or
development;
(2) The fees to be paid do not bear a reasonable relationship to the use of the park and recreational
facilities by the future inhabitants of the subdivision or development;
(3) The determination of the fair market value of commercial or residential property or recreational
facilities in the city by the city manager or his/her designee is unreasonable, as applied to the
applicant's development or property;
(4) The credits provided in Section 20.24.110 have not been applied as provided therein.
(c) Waivers are Cumulative. The waivers provided herein are cumulative, and do not supersede or
supplant one another, provided however that the total of such credits, waivers and exemptions shall
not exceed the fee or dedication required by this chapter.
(d) Timing of Request for Waiver or Appeal. The request for waiver or appeal shall be made in writing to
the city clerk not later than ten days after approval of a tentative subdivision map or if no tentative
map is required, then from the time of the filing of a request for approval of a final subdivision map.
The written request for waiver or appeal shall state in detail the factual basis for the claim of waiver or
reduction.
(e) Appeal or Waiver Hearing. The city council shall consider the application for waiver or appeal at a
hearing held within sixty days after the filing of a written request. The decision of the city council shall
be final. If a reduction, adjustment, or waiver is granted, any change in use or number of parcels within
the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 1905 § 2(part), 1994).
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20.24.130 Schedule of improvements.
The city shall annually develop a schedule specifying how and when it will use the land or fees or both to
develop park or recreational facilities. Said schedule may consist of the city's capital improvement program and/or
operating budget. Any fees collected under the requirements of Section 20.24.080 shall be committed within five
years after the payment of such fees or the issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots
within the subdivision.
(Ord. 1905 § 2(part), 1994).
20.24.140 Apartment conversions.
The provisions of this chapter do not apply to condominium projects or stock cooperatives which consist of
the subdivision of air-space in an existing apartment building which is more than five years old, when no new
dwelling units are added.
(Ord. 1905 § 2(part), 1994).
20.24.150 Rules of construction.
The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the
interest of the public health, safety, and welfare.
(Ord. 1905 § 2(part), 1994).
20.24.160 Severability.
If any provision of this chapter or application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this chapter which can be given effect without the
invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(Ord. 1905 § 2(part), 1994).
Title 21 - ZONING
Chapter 21.02 INTERPRETATION OF PROVISIONS
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Chapter 21.02 INTERPRETATION OF PROVISIONS
21.02.010 Purpose.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this
Zoning Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of
the requirements of this Zoning Code and the General Plan.
(Ord. 2043 § 1(part), 2004).
21.02.020 Rules of interpretation.
A. Authority. The Ccommunity Ddevelopment Ddirector shall have the responsibility and authority to interpret
the meaning and applicability of all provisions and requirements of this Zoning Code.
B. Minimum requirements. The provisions of this Zoning Code shall be strictly interpreted and applied as
minimum requirements (unless stated as maximums) for the promotion of the public health, safety,
convenience, and general welfare.
C. Language.
1. Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are always
mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The
present tense includes the past and future tenses; and the future tense includes the present. The
singular number includes the plural number, and the plural the singular, unless the natural
construction of the word indicates otherwise. The words "include," "includes," and "including" mean
"including but not limited to..." and the word "used" includes the words "arranged for, designed for,
occupied, or intended to be occupied for."
2. Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the
following phrases, names of personnel, and decision making bodies are shortened in this Zoning Code
in the following manner:
The City of Campbell is referred to as the "city."
The State of California is referred to as the "State."
The County of Santa Clara is referred to as the "county."
The City of Campbell Municipal Code is referred to as the "Municipal Code."
The California Subdivision Map Act is referred to as the "Map Act."
The United States Federal Government is referred to as "Federal."
3. Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit,
condition of approval, or notice issued or given in compliance with this Zoning Code, the number of
days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is
not open for business, except as otherwise provided for by the Map Act.
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4. State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., the
California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be
construed to be to the applicable State law provisions as they may be amended from time to time.
D. Calculations—Rounding. Where provisions of this Zoning Code require calculations to determine applicable
requirements, any fractional/decimal results of the calculations shall be rounded in compliance with this
subsection.
1. Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the
number of housing units allowed within a zoning district shall be rounded down to the next whole
number.
2. Residential density. The fractional/decimal results of calculations of the number of housing units
allowed within a zoning district shall be rounded down to the next whole number.
3. All other calculations. For all calculations required by this Zoning Code other than those described in
subparagraphs (D)(1) and (D)(2) above, the fractional/decimal results of calculations shall be rounded
to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest
whole number when the fraction is less than 0.5, unless otherwise specified.
E. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this
Zoning Code and other regulations, shall be resolved as follows:
1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the
most restrictive requirement shall control;
2. Development agreements, overlay/combining district, area plan, neighborhood plan, or specific plans.
In the event of any conflict between the requirements of this Zoning Code and standards adopted as
part of any development agreement, overlay/combining district, area plan, neighborhood plan, or
specific plan, the requirements of the development agreement, overlay/combining district, area plan,
neighborhood plan, or specific plan shall control;
3. Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and
other regulations of the city, the most restrictive shall control; and
4. Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with,
repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Zoning
Code became effective. This Zoning Code applies to all land uses and development regardless of
whether it imposes a greater or lesser restriction on the development or use of structures or land than
an applicable private agreement or restriction, without affecting the applicability of any agreement or
restriction. The city shall not enforce any private covenant or agreement unless it is a party to the
covenant or agreement.
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 Ccommunity Ddevelopment Ddirector 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 Ccommunity Ddevelopment Ddirector that a use is not allowed may be appealed in compliance
with Chapter 21.62 (Appeals). In making this determination, the Ccommunity Ddevelopment Ddirector
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 Ccommunity Ddevelopment Ddirector
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.
G. Measurement of height and area requirements. When this Zoning Code requires that compliance to a
standard is met by specific measurements and there is an ambiguity concerning the measurement, the
Ccommunity Ddevelopment Ddirector shall make a determination as to the correct measurement.
H. Gross floor area. When this Zoning Code specifies the maximum allowable floor area of a structure or a
portion of a structure, the floor area shall be calculated on a "gross" basis, consistent with the definition of
"Floor area, gross" provided in Chapter 21.72 (Definitions), unless otherwise specified.
(Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 24, 11-1-2016; Ord. No. 2225, §
8, 8-15-2017; Ord. No. 2286 , § 27, 8-16-2022)
21.02.030 Procedures for interpretations.
Whenever the Ccommunity Ddevelopment Ddirector determines that the meaning or applicability of any of
the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the
Ccommunity Ddevelopment Ddirector may issue an official interpretation or refer the question to the Pplanning
Ccommission for determination.
A. Request for interpretation. The request for an interpretation or determination shall be made to the
Ccommunity Ddevelopment Ddepartment, shall include all information required by the Ccommunity
Ddevelopment Ddepartment, and the fee established by the city's fee resolution.
B. Findings, basis for interpretation. The issuance of an interpretation by the Ccommunity Ddevelopment
Ddirector shall include findings stating the basis for the interpretation. The basis for an interpretation
may include technological changes or new industry standards. The issuance of an interpretation shall
also include a finding documenting the consistency of the interpretation with the General Plan.
C. Record of interpretations. Official interpretations shall be:
1. Written, and shall quote the provisions of this Zoning Code being interpreted, and the
applicability in the particular or general circumstances that caused the need for interpretations,
and the determination; and
2. Kept on file in the Ccommunity Ddevelopment Ddepartment.
Any provision of this Zoning Code that is determined by the Ccommunity Ddevelopment
Ddirector to need refinement or revision will be corrected by amending this Zoning Code as soon
as is practical. Until an amendment can occur, the Ccommunity Ddevelopment Ddirector will
maintain a complete record of all official interpretations as an appendix to this Zoning Code, and
indexed by the number of the chapter or section that is the subject of the interpretation.
D. Referral of interpretation. (21.84.020) The Ccommunity Ddevelopment Ddirector has the option of
forwarding any interpretation or determination of the meaning or applicability of any provision of this
Zoning Code directly to the Pplanning Ccommission for consideration.
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E. Appeals. (21.84.020) Any interpretation of this Zoning Code by the Ccommunity Ddevelopment
Ddirector or the Pplanning Ccommission may be appealed in compliance with Chapter 21.62 (Appeals).
(Ord. 2043 § 1(part), 2004).
Title 21 - ZONING
Chapter 21.03 LAND USE PERMIT REQUIREMENTS
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Chapter 21.03 LAND USE PERMIT REQUIREMENTS
21.03.010 Purpose.
This chapter provides general requirements for the approval of proposed development and new land uses in
the city. The land use permit requirements for specific land uses are established by Article 2, (Zoning Districts), and
Article 3 (Development and Operational Standards).
(Ord. 2043 § 1(part), 2004).
21.03.020 General requirements for development and new land uses.
All uses of land and/or structures shall be altered, constructed, established, reconstructed, or replaced in
compliance with the following requirements:
A. Allowable uses. The land uses for parcels of land shall be identified by Chapters 21.08 (Residential
Districts), 21.10 (Commercial, Office, and Industrial DistrictsCommercial/Industrial Districts), 21.11
(Mixed-Use Districts), 21.12 (Special Purpose Districts), or 21.14 (Overlay/Combining Districts). The
Ccommunity Ddevelopment Ddirector may determine whether a particular land use is allowable in
compliance with Subsection 21.02.020(F) (Rules of Interpretation—Allowable Uses of Land);
B. Permit/approval requirements. All land use permits or other approvals required by the Zoning Code
shall be obtained by the applicant before the proposed use is constructed, established, or put into
operation, unless the proposed use is exempt as provided in Section 21.03.030 (Exemptions from Land
Use Permit Requirements);
C. Development standards. The use of land and/or structures shall comply with all applicable
requirements of this Zoning Code, including the zoning district standards of Article 2 (Zoning Districts),
and the provisions of Article 3 (Development and Operational Standards);
D. Conditions of approval. The use of land and/or structures shall comply with any applicable conditions
imposed by any granted land use permit or other approval; and
E. Legal parcel. The use of land and/or structures shall only be established on a parcel of land which has
been legally created in compliance with the State Subdivision Map Act (Government Code Section
66410 et seq.) and Title 20 of the Municipal Code (Subdivision and Land Development), as applicable at
the time the parcel was created.
(Ord. 2043 § 1(part), 2004).
21.03.030 Exemptions from land use permit requirements.
The land use permit requirements of this Zoning Code shall not apply to the following activities, uses of land,
and/or structures:
A. City facilities. Facilities of the city and redevelopment agency on land owned or leased by the city or
redevelopment agency.
B. Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor
area within the structure, or change the approved use of the structure.
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C. Repairs and maintenance. Ordinary repairs and maintenance that does not result in any change in the
approved land use of the site or structure, addition to, or enlargement/expansion of the land use
and/or structure.
(Ord. 2043 § 1(part), 2004).
21.03.035 Exemption from public hearings.
The following activities shall be exempt from public hearing requirements if otherwise required by this
Zoning Code:
A. Increase in Bedrooms. Reconfiguration of existing square footage to increase the number of bedrooms
(not to exceed two (2) additional bedrooms) within an existing dwelling unit. This increase shall be
permitted without a public hearing, where otherwise required, only once per dwelling unit. The
Community Development Director shall require recordation of a deed restriction documenting this
restriction prior to issuance of a building permit for any dwelling unit increasing the allowable bedroom
count pursuant to this section.
21.03.040 Additional permits and approvals may be required.
An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still
be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into
operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by other
municipal code provisions or any applicable county, State, or Federal agency regulations. All necessary permits
shall be obtained before starting work or establishing new uses.
(Ord. 2043 § 1(part), 2004).
21.03.050 Projects in progress.
Land use permits submitted on or before June 2, 2023, may be carried out, or extended, in accordance with the development standards and permitting procedures in effect at the time of project submittal, provided that the
permit or approval is valid and has not lapsed. A re-application for a permit or approval that expires after the
effective date of this Zoning Code shall fully comply with the standards in effect at the time of re-application.
Title 21 - ZONING
Chapter 21.04 ESTABLISHMENT OF ZONING DISTRICTS
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Chapter 21.04 ESTABLISHMENT OF ZONING DISTRICTS
21.04.010 Purpose of chapter.
This chapter establishes the zoning districts applied to property within the city. It also determines how the
zoning districts are applied on the zoning map, and provides general permit requirements for development and
new land uses, and the zone driven development standards for each of the zoning districts.
(Ord. 2043 § 1(part), 2004).
21.04.020 Zoning districts established.
The city of Campbell shall be divided into appropriate zoning districts that directly correspond to the land use
designations outlined in the land use element of the General Plan.
TABLE 2-1
Zoning Districts and General Plan Designations
Zone Map Symbol Zoning District Name General Plan Land Use Designation
Dwelling Units/ Acre Implemented by
Zoning District (1)
Residential Zoning Districts (1)(2)(3)
R-1-10, 16 Single-Family Residential
Single-Family, 10,000 or 16,000 square
foot minimum lot size
Low Density Residential (Less than 4.5
Units / Gr. Acre)
Low Density Residential, Less than 3.5
d.u./gross acre
R-1-8, 9 Single-Family Residential
Single-Family, 8,000 or 9,000 square
foot minimum lot size
Low Density Residential (Less than 5.5
Units / Gr. Acre)
Low Density Residential, Less than 4.5
d.u./gross acre
R-1-6 Single-Family Residential
Single-Family, 6,000 square foot
minimum lot size
Low Density Residential (Less than 7.5
Units / Gr. Acre)
Low Density Residential, Less than 6
d.u./gross acre
LMDR
R-D
Low-Medium Density Residential
Two-Family District
Low-Medium Density Residential (8-16
Units / Gr. Acre)
Low-Medium Density Residential, 6-13
d.u./gross acre
MDR
R-M
Medium Density Residential
Multiple-Family
Medium Density Residential (18-25
Units / Gr. Acre)
Low-Medium Density Residential, 6-13
d.u./gross acre
MHDR
R-2
Medium-High Density Residential
Multiple-Family
Medium-High Density Residential (26-
33 Units / Gr. Acre)
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Medium Density Residential, 14-20
d.u./gross acre
HDR
R-3
High Density Residential
Multiple-Family
High Density Residential (34-45 Units /
Gr. Acre)
High Density Residential, 21-27
d.u./gross acre
MHP Mobile Home Park Mobile Home Park (8-16 Units / Gr.
Acre
Commercial Zoning Districts
P-O Professional Office Professional Office
NC
C-1
Neighborhood Commercial Neighborhood Commercial
GC
C-2
General Commercial General Commercial
C-3 Central Business District Central Commercial
Office Districts
PO Professional Office Professional Office
Industrial Zoning Districts (5)
RD
C-M
Research and Development
Controlled Manufacturing
Research and Development
LI
M-1
Light Industrial Light Industrial
Mixed-Use Zoning Districts
GC/LI General Commercial/Light Industrial General Commercial/Light Industrial
PO-MU Professional Office Mixed-Use Professional Office Mixed Use
(8-16 Units / Gr. Acre)
NC-MU Neighborhood Commercial Mixed-Use Neighborhood Commercial Mixed-Use
(18-25 Units / Gr. Acre)
MHD-MU Medium-High Density Mixed-Use Medium-High Density Mixed-Use
(26-33 Units / Gr. Acre)
CB-MU Central Business Mixed-Use Central Business Mixed-Use
(26-33 Units / Gr. Acre)
GC-MU General Commercial Mixed-Use General Commercial Mixed-Use
(26-33 Units / Gr. Acre)
HD-MU High Density Mixed-Use High Density Mixed-Use
(34-45 Units / Gr. Acre)
CC-MU Commercial-Corridor Mixed-Use Commercial-Corridor Mixed-Use
(45-60 Units / Gr. Acre)
TO-MU Transit-Oriented Mixed-Use Transit-Oriented Mixed-Use
(57-75 Units / Gr. Acre)
Special Purpose Zoning Districts
C-PD Condominium Planned Development The Condominium Planned
Development (C-PD) zoning district
may be found consistent with the
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underlying land use designation of the
General Plan.
See Section 21.12.020 (C-PD
(Condominium Planned Development)
zoning district)
P-D Planned Development The Planned Development (P-D) zoning
district may be found consistent with
the underlying land use designation of
the General Plan.
See Section 21.12.030 (P-D (Planned
Development) zoning district)
PF
P-F
Public Facilities Public Facilities
Institutional
OS
P-F/O-S
Open Space
Public Facilities/Open Space
Open Space
Overlay/Combining Districts (4)
H Historic Preservation The Historic Preservation Overlay may
be found consistent with the
underlying land use designation of the
General Plan.
O Overlay District The Overlay District may be found
consistent with the underlying land use
designation of the General Plan.
Notes:
(1) Accessory dwelling units and junior accessory dwelling units are a residential use that are consistent with all residential general
plan and zoning designations, and therefore, do not exceed the allowable density for the lot upon which they are located.
(1) Several sites are subject to a site-specific overlay as noted with a number on the Land Use Map that
reflects the maximum number of allowable dwelling units on the property which may be increased
subject to a density bonus or through exercise of the City’s Affordable Housing Overlay Zone (AHOZ)
if/when established.
(2) Accessory dwelling units, junior accessory dwelling units, and units developed in accordance with
Chapter 21.25 (Two-Unit Housing Developments) are a residential use that are consistent with all
residential general plan and zoning designations, and therefore, do not exceed the allowable density
for the lot upon which they are located.
(3) The designation of an area in the single-family zoning district includes establishing a minimum net lot
area for new subdivisions, expressed as a suffix to the “R-1” zoning map symbol (e.g., R-1-6). In
addition to establishing a minimum net lot area requirement, the suffix applied to areas in the single-
family zoning district may also be used to impose specific development standards or land use
restrictions.
(4) The designation of an area in an overlay/combining district shall be expressed as an additional suffix to
zoning map symbol (e.g., R-1-6-H, TO-MU-O).
(5) The minimum net lot area for new subdivisions for properties with an RD zoning designation shall be
depicted on the zoning map adopted pursuant to Section 21.04.030 (Zoning map adopted.) and
expressed as a suffix to the “RD” zoning map symbol (e.g., RD-20).
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(Ord. 2106 § 3 (Exh. B), 2008: Ord. 2043 § 1(part), 2004).
( Ord. No. 2252 , § 16, 11-19-2019)
21.04.030 Zoning map adopted.
The City Council hereby incorporates the City of Campbell zoning map (hereafter referred to as the zoning
map) as part of this Zoning Code, which is on file with the community development department.
A. Inclusion by reference. The zoning map together with all legends, symbols, notations, references,
zoning district boundaries, map symbols, and other information on the map have been adopted by the
City Council in compliance with State law (Government Code Sections 65800 et seq.) and are hereby
incorporated into this zoning code by reference as though they were fully included here.
B. Zoning district boundaries. The boundaries of the zoning districts established by Section 21.06.010 shall
be shown on the zoning map as applicable.
C. Relationship to General Plan. The zoning map shall implement the General Plan.
D. Map amendments. Amendments to the zoning map shall follow the process established in Chapter
21.60 (Amendments).
E. Zoning map interpretation. The zoning map shall be interpreted in compliance with Chapter 21.06
(District Boundaries).
(Ord. 2043 § 1(part), 2004).
21.04.040 Zoning district regulations.
Chapters 21.08 through 21.14 determine which land uses are allowed in each zoning district established by
Section 21.04.020 (Zoning Districts Established), what permit or approval is required to establish each use, and the
basic zone driven development standards that apply to allowed land uses in each zoning district.
All uses that are permitted, or permitted with a conditional use permit are still also subject to all other
applicable standards, provisions and requirements set forth elsewhere in this Title, including but not limited to the
provisions of Articles 1, 3, 4, 5 and 6.
(Ord. 2043 § 1(part), 2004).
21.04.050 Subdistricts.
Whenever the terms "R district," "C district," or "M district" are used in this Zoning Code, they shall be
deemed to refer to all districts containing the same letter in their names (e.g., the term "C" district indicates the C-
1, C-2 and C-3 districts).
(Ord. 2043 § 1(part), 2004).
21.04.05060 Zoning of annexed areas.
A. Pre-zoned areas. The city has pre-zoned all unincorporated areas within the city's sphere of influence.
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B. Effective date of pre-zoning. The zoning shall become effective at the same time that the annexation of the
area to the city becomes effective.
(Ord. 2043 § 1(part), 2004).
21.04.060 References to prior zoning districts.
In cases where city ordinances, policies, policy documents (i.e., area plans, neighborhood plans, master
plans), findings, conditions of approval, and other requirements reference a zoning district classification from the
previous zoning code, such references shall be interpreted to mean the current zoning district in this zoning code
as shown in Table 2-1a (References to Prior Zoning Districts).
TABLE 2-1a
References to Prior Zoning Districts
Previous Zoning District Previous Map Symbol Current Zoning District
Residential Zoning Districts
Single-Family Residential
R-1-6, R-1-8, R-1-9, R-
1-10, or R-1-16
Same as previous zoning district.
Two-Family R-D Low-Medium Density Residential
Multiple-Family R-M Low-Medium Density Residential
Multiple-Family R-2 Medium Density Residential
Multiple-Family R-3 Medium-High Density Residential
Commercial Zoning Districts
Neighborhood Commercial C-1 Neighborhood Commercial
General Commercial C-2 General Commercial
Office and Research and Development Districts
Professional Office P-O Professional Office
Controlled Manufacturing C-M Research and Development
Light Industrial M-1 Light Industrial
Mixed-Use Zoning Districts
Central Business District C-3 Central Business Mixed-Use
21.04.070 Legacy zones.
A legacy zone is base zoning district, overlay zone, or combining district which was applied to a property prior
to June 2, 2023, remains the zoning in effect for the property, but which may not be applied to any additional
properties as of June 2, 2023. All rules and regulations of the legacy zone, and any subsequent amendments
thereto, continue to apply to the subject property.
A. The city has two legacy zoning districts:
1. P-D (Planned Development) Zoning District; and
2. C-PD (Condominium Planned Development) Zoning District.
B. Where a legacy zone is shown on the zoning map, the requirements of that legacy zone as originally
applied to a property remain in full force and effect.
C. Permitted land uses, development standards, and other provisions that apply within a legacy zone may
be amended in compliance with Article 2 (Zoning Districts).
Title 21 - ZONING
Chapter 21.06 DISTRICT BOUNDARIES
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Chapter 21.06 DISTRICT BOUNDARIES
21.06.010 Purpose of chapter.
This chapter establishes the rules that apply where uncertainty exists with respect to the precise boundaries
of the various zoning districts shown on the zoning map, on file in the community development department, and
made part of this chapter as if it were contained wholly within this chapter.
(Ord. 2043 § 1(part), 2004).
21.06.020 Alleys and streets.
The zoning district boundaries are either alleys or streets, unless otherwise shown on the zoning map. Where
the indicated boundaries on the map are approximately the alley or street lines the alleys or streets shall be
construed to be the boundaries of the zoning district.
(Ord. 2043 § 1(part), 2004).
21.06.030 Parcel lines.
Where the zoning district boundaries are not shown to be alleys or streets, and where the property has been
or may be divided into blocks and parcels, the zoning district boundaries shall be construed to be the parcel lines.
Where the indicated boundaries on the zoning map are approximately the parcel lines, the parcel lines shall be
construed to be the boundaries of each zoning district, unless the boundaries are otherwise indicated on the
zoning map.
(Ord. 2043 § 1(part), 2004).
21.06.040 Scale of map—Determination by Pplanning Ccommission.
A. Determined by scale. Where the property is indicated on the zoning map as acreage and not subdivided into
blocks or parcels or where the district boundary lines on the zoning map shall be determined by the scale
contained on the zoning map, and where uncertainty exists, the district boundary line shall be determined by
a written decision of the planning commission.
B. Planning Ccommission may interpret map. In the event property which is shown as acreage on the zoning
map has been or is subsequently subdivided into blocks or parcels by a duly recorded subdivision map and
the block or parcel arrangement does not conform to that anticipated when the district boundaries were
established, or property is re-subdivided by a duly recorded subdivision map into different arrangement of
blocks or parcels than shown on the zoning map, the Pplanning Ccommission, after notice to the owners of
the affected property, may interpret the zoning map and make minor readjustments in the district
boundaries to carry out the purpose and intent of these regulations and conform to the street and parcel
layout on the ground.
C. Map shall be changed. The interpretations or adjustments shall be by written decision, and thereafter copies
of the zoning map shall be changed to conform to the interpretations.
(Ord. 2043 § 1(part), 2004).
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21.06.050 Symbol for district.
Where one symbol is used on the zoning map to indicate the zoning district classification for an area divided
by an alley(s), the symbol shall establish the classification of the whole area.
(Ord. 2043 § 1(part), 2004).
21.06.060 Street or right-of-way—Allocation or division.
A. Physical improvement. A physical improvement (e.g., alley, railroad, railway right-of-way, street, watercourse
channel, or body of water) included on the zoning map shall, unless otherwise indicated, be included within
the zoning district of adjoining property on either side of the improvement.
B. Divided by physical improvement. Where the physical improvement (e.g., alley, railroad, railway right-of-
way, street, watercourse channel, or body of water) serves as a boundary between two or more different
zoning districts, a line midway in the physical improvement, and extending in the general direction of the
long dimension thereof, shall be considered the boundary between the zoning districts.
(Ord. 2043 § 1(part), 2004).
21.06.070 Vacant alley or street.
In the event a dedicated alley or street, or portion thereof, shown on the zoning map is vacated by the
cityordinance, the property formerly in the alley or street shall be included within the zoning district of the
adjoining property on either side of the vacated alley or street. In the event the alley or street was a district
boundary between two or more different zoning districts, the new district boundary shall be the former centerline
of the vacated alley or street.
(Ord. 2043 § 1(part), 2004).
Title 21 - ZONING
Chapter 21.07 HOUSING DEVELOPMENT REGULATIONS
Page 1 of 4
Chapter 21.07 HOUSING DEVELOPMENT REGULATIONS
21.07.010 Purpose and intent of chapter.
The purpose of this chapter is to establish objective Multi-Family Development and Design Standards
(MFDDS) for housing development projects that are measurable, verifiable, and knowable to all parties prior to
project submittal. This chapter also serves to provide a more efficient, predictable, and equitable review process
with the intent of streamlining the approval of applicable housing development projects. The MFDDS, established
by this chapter, are intended to implement the intent of the General Plan, and various planning policy documents
(e.g., area plans, neighborhood plans) through the establishment of development and design standards and
permitting procedures.
21.07.020 Applicability.
The Multi-Family Development and Design Standards (MFDDS) and Form-Based Zoning Map (FBZM),
established by this Chapter, shall apply to the following projects:
A. Housing development projects, as defined by Chapter 21.72 (Definitions), that meet the criteria of
Section 65589.5 of the California Government Code applying under the provisions of the Housing
Accountability Act (HAA) or similar law intended to limit the discretionary review authority of the City of
Campbell after the effective date of this chapter; and
B. All applications to construct, create, enlarge, erect, install, maintain, or place a housing development
project, or part of a housing development project, that is submitted, approved, or established after the
effective date of this chapter; and
C. Alterations to a housing development project built, or deemed complete, prior to the effective date of
this chapter, except as otherwise provided for in this chapter below.
Notwithstanding any other provision in this chapter to the contrary, the MFDDS shall not apply to the following
projects:
A. A single-family residential dwelling unit with or without an accessory dwelling unit (ADUs) and/or junior
accessory dwelling unit (JADU) except when part of a housing development project that includes more
than one single-family residential dwelling unit;
B. Detached and interior accessory dwelling units (ADUs) and junior accessory dwelling Units (JADUs) as
provided for by Chapter 21.23 of the Campbell Municipal Code;
C. Historic resources listed on the historic resource inventory as provided for by Chapter 21.33 of the
Campbell Municipal Code;
D. Two-unit housing developments as provided for by Chapter 21.25 of the Campbell Municipal Code;
E. Housing development projects, alterations to housing development projects, and/or nonresidential
buildings subject to an entirely discretionary permit review process; and
F. Emergency shelters as provided for by Chapter 21.36 of the Campbell Municipal Code.
21.07.030 Multi-Family Development and Design Standards Document and Form-Based Zone
Map adopted.
The City Council hereby incorporates the MFDDS and Form-Based Zoning Map (FBZM) as part of this Zoning
Code, which is on file with the Community Development Department and available on the city website, as may be
amended from time to time. In adopting these MFDDS and Form-Based Zone Map, all other policy documents
Page 2 of 4
(e.g., area plans, neighborhood plans) shall not apply to housing development projects subject to the MFDDS as
established by CMC 21.17.020 (Applicability) except where otherwise provided for by the MFDDS.
A. Inclusion by reference. The MFDDS and FBZM together with all content, including but not limited to,
definitions, legends, symbols, notations, references, boundaries, and other information are hereby
incorporated into this zoning code by reference as though they were fully included here.
B. Form-based zoning district boundaries. The boundaries of the form-based zoning districts shall be
shown on the FBZM as applicable.
21.07.040 Permits required.
No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed for
any housing development project subject to the MFDDS until a permit provided for by this section has been
approved. The decision-making body shall be as specified in Chapter 21.38 (Application filing, Processing, and
Fees). Applications for permits specified in this section shall not be subject to a Site and Architectural Review as set
forth by Chapter 21.42 (Site and Architectural Review). Housing development projects subject to the MFDDS shall
be required to obtain permits under the following tiers/categories:
A. Administrative Housing Development Project Permit. An Administrative Housing Development Project
Permit shall be required for the following:
1. Any housing development project consisting of less than five (5) new residential units.
2. Minor alterations to site or design details of a housing development project, with an approved
permit as set forth by this chapter, as follows:
i. Changes to the size (e.g., depth, width), placement, height, or design of an approved
frontage type or building type within the same category.
ii. Changes to site design details, including landscaping or hardscaping, screening, fencing,
or lighting detail.
iii. Changes to the assignment or placement of parking spaces which do not alter off-site
circulation; and
iv. Adding, removing, relocating, or modifying the design of an accessory structures less
than 600 square feet.
3. Reconfiguration of existing square footage that does not result in:
i. A decrease in the number of bedrooms;
ii. An increase of more than 2 bedrooms per unit; and/or
iii. Change the exterior appearance of the building except as otherwise provided by this
chapter.
B. Minor Housing Development Project Permit. A Minor Housing Development Permit shall be required for
the following:
1. Any housing development project consisting of five (5) or more new residential units.
C. Major Housing Development Project Permit. A Major Housing Development Project Permit shall be
required for the following:
1. Any housing development project subject to Chapter 8 of the MFDDS (Specific to Large Sites); or
2. Any housing development project proposed in an overlay/combining district, except as otherwise
provided for by the overlay/combining district.
Page 3 of 4
21.07.050 Decision-making body.
A. Administrative Housing Development Permits. The Community Development Director may review and
decide applications for Administrative Housing Development Permit applications in compliance with the
administrative decision process as prescribed in Chapter 21.71 (Administrative Decision Process).
B. Minor Housing Development Permits. The Planning Commission may review and decide applications for
Minor Housing Development Permit applications in compliance with Chapter 21.38, (Application Filing,
Processing, and Fees).
C. Major Housing Development Permits. The City Council may review and decide applications for Major
Housing Development Permit applications in compliance with Chapter 21.38, (Application Filing,
Processing, and Fees).
21.07.060 Application filing, processing, and review.
An application for a housing development project, subject to the MFDDS established by this chapter, shall
be filed, and reviewed in compliance with Chapter 21.38 (Application Filing, Processing and Fees).
21.07.070 Findings.
A. A Housing Development Permit shall be approved when all of the following findings are made:
1. The project, as conditioned, complies with all objective standards;
2. The project, as conditioned, is consistent with all applicable General Plan goals, policies, and
actions;
3. In the event of a conflict between General Plan and Zoning Standards, the standards contained in
the General Plan were applied;
4. The project will not result in a specific adverse impact to public health and safety that cannot be
mitigated without rendering the project infeasible.
21.07.080 Public hearing process.
The procedures relating to the public hearing process that are identified in Chapter 21.64 (Public Hearing)
shall apply for all Minor and Major Housing Development permits.
21.07.090 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation,
Time Limits and Extensions) shall apply following the decision on a housing development project permits.
21.07.100 - Conditions and time limits.
The Community Development Director, the Planning Commission, or the City Council as applicable, may take
the following actions in approving a Housing Development Project Permit:
A. May impose conditions. The decision-making body may impose conditions, as it deems reasonable and
necessary under the circumstances, to carry out the intent of this chapter and the general plan.
B. May impose time limits. The decision-making body may impose time limits within which the conditions
shall be fulfilled and the proposed development started or completed.
C. Permit time limits. Valid in ten days. The Housing Development Project Permit shall become valid ten days
following the date of approval unless appealed, in compliance with Chapter 21.62, (Appeals).
Page 4 of 4
21.07.110 Amendments.
A. Initiation of Amendment. An amendment to the MFDDS and/or FBZM, except for amendments to the
FBZM as provided for by Chapter 8 of the MFDDS (Specific to Large Sites), may be initiated only by the City
Council, Planning Commission, City Manager, or Community Development Director.
1. Minor amendments. Typographical corrections, formatting changes (paragraph spacing,
pagination, etc.), adding or enhancing graphics to support the text, adding
version/revision/amendment history, and code citation revisions to the MFDDS and/or FBZM
may be made by the Community Development Director or designee without notice.
2. Amendments to the MFDDS: All other amendments, other than those noted as minor, to the
MFDDS shall be adopted by resolution of the City Council.
3. Amendments to the FBZM: All other amendments, other than those noted as minor, to the FBZM
shall be adopted by resolution of the City Council.
21.07.120 Phasing.
A. Any phasing of a housing development project shall be subject to the phasing provisions as provided for in
Chapter 21.56 (Permit Implementation, Time Limits, and Extensions).
21.07.130 Major changes to a housing development permit.
A. Major changes include changes to a housing development project permit as described in this section. These
major changes may only be approved by the decision-making body that originally approved the permit.
These modifications shall be processed in the same manner as the original permit or approval.
1. Changes from one private frontage type to another (i.e., porch projecting to dooryard);
2. Changes to design sites, lot configuration, location of proposed easements;
3. Changes from one form-based zone to another;
4. Changes from one building type to another;
5. Any increase in the number of stories (including the stories of a private frontage type);
6. Changes to the overall building height; and
7. Changes to the overall number of units where the total number of units in the project is less than
five for a minor housing development project permit.
Title 21 - ZONING
Chapter 21.08 RESIDENTIAL DISTRICTS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 1 of 21
Chapter 21.08 RESIDENTIAL DISTRICTS
21.08.010 Purpose of chapter—Applicability.
A. Residential zoning districts. This chapter provides regulations applicable to development and new land uses
in the residential zoning districts established by Section 21.04.020 (Zoning Districts Established). The purpose
of this chapter is to achieve the following:
1. Preserve and enhance the predominately low density, high quality residential character of the city,
while providing a variety of housing opportunities and residential land use options to accommodate
existing and future residents;
2. Strive to attract quality development, while providing opportunities for neighborhood interaction;
3. Ensure that existing residential neighborhoods, and any remaining vacant lands, are developed in a
manner that preserves and enhances neighborhood character, establishes neighborhood identity, and
provides a consistent land use pattern;
4. Ensure compatibility of residential development, which is generally determined by prevailing density,
parcel configuration and size, and structure design, scale, and type;
5. Ensure adequate air, light, privacy, and open space for each dwelling;
6. Minimize traffic congestion and avoid the overloading of public services and utilities; and
7. Facilitate the provision of public improvements commensurate with anticipated increase in population,
dwelling unit densities, and service requirements.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014)
21.08.020 Residential zoning districts.
The purpose and zoning district map symbols of individual residential zoning districts are as follows:
A. Single-Family Residential Zoning District.
1. Purpose: The single-family residential zoning district is intended to stabilize and protect the residential
characteristics of the district and to encourage a suitable environment for domestic home life. The
single-family residential zoning district is intended to provide for detached single-family homes on
larger parcels (ranging from six thousand to sixteen thousand square foot parcels). The designation of
an area in the single-family zoning district includes establishing a minimum lot area for new
subdivisions, expressed as a suffix to the “R-1” zoning map symbol (e.g., R-1-6). The single-family
residential zoning district is consistent with the low-density residential land use designations of the
General Plan.
2. Zoning District Map Symbol: R-1
3. Zoning District Map Symbol with Suffixes: R-1-6, R-1-8, R-1-9, R-1-10, R-1-16
B. Low-Medium Density Residential Zoning District.
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(Supp. No. 37)
Page 2 of 21
1. Purpose: The low-medium density residential zoning district is intended for duplexes, apartment
buildings, townhomes, detached small-lot single family homes, and uses in support of, and comparable to,
such land uses. The low-medium density residential zoning district is consistent with the low-medium
density residential land use designation of the General Plan.
2. Zoning District Map Symbol: LMDR
C. Medium Density Residential Zoning District.
1. Purpose: This medium density residential zoning district is intended for duplexes, apartment buildings,
townhomes, and uses in support of, and comparable to, such land uses. This designation is typically
applied to transition areas between lower-density neighborhoods and higher-density developments or
commercial areas.
2. Zoning District Map Symbol: MDR
D. Medium-High Density Residential Zoning District.
1. Purpose: The medium-high density residential zoning district is intended for apartment buildings and
condominiums, and uses in support of, and comparable to, such land uses. This designation is typically
applied to areas away from major commercial intersections. The medium-high density residential zoning
district is consistent with the medium-high density residential land use designation of the General Plan.
2. Zoning District Map Symbol: MHDR
E. High Density Residential Zoning District.
1. Purpose: The high density residential zoning district is intended for apartment buildings and
condominiums and uses in support of, and comparable to, such land uses. This designation is typically
applied to sites along Class I, or Class II arterial roadways that abut lower-density neighborhoods. The high
density residential zoning district is consistent with the high density residential land use designation of the
General Plan.
2. Zoning District Map Symbol: HDR
F. Mobile Home Park Zoning District.
1. Purpose: The mobile home park zoning district is intended for mobile homes, modular homes, and uses in
support of, and comparable to, such land uses. The mobile home park zoning district discourages the
conversion of existing mobile home parks to other uses. The mobile home park zoning district is
consistent with the mobile home park land use designation of the General Plan.
2. Zoning District Map Symbol: MHP
21.08.020 Residential district general requirements.
A. Zoning clearance. A zoning clearance is a ministerial permit that the community development director uses
to verify that a proposed structure or land use activity complies with the list of activities allowed in the
applicable zoning district, the development standards applicable to each type of use, and any conditions of
approval of permits previously issued for the subject site. Before commencing any work pertaining to the
alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to
any structure, a building permit shall be obtained from the building division and a zoning clearance from the
community development department by an owner or owner's agent.
B. Site and architectural review required. All construction activities (e.g., additions, alterations, construction,
reconstruction, or remodeling) shall receive site and architectural review approval in compliance with
Chapter 21.42 (Site and Architectural Review).
(Ord. 2043 § 1(part), 2004).
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(Supp. No. 37)
Page 3 of 21
(Ord. No. 2182, § 1(Exh. A), 10-7-2014)
21.08.030 Residential land uses.
The permissibility of land uses in residential districts shall be as specified by Table 2-1 (Land Use Table –
Residential Zoning Districts) subject to the operational and locational standards contained in Article 3. Land uses
that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter
21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the approval of an Administrative
Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use
Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (X) and those not
otherwise listed are prohibited and shall not be allowed. Land uses listed as (N/A) shall not be: (1) permitted; (2)
allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3)
prohibited unless otherwise specified. The list of land uses is organized by headers which themselves do not
convey an intended land use.
Table 2-2
Land Use Table — Residential Zoning Districts
# Land Use Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
Residential
1 Accessory structures P
(When compliant with Chapter 21.36 - Special Uses)
2 Accessory dwelling units P P P P P X
3 Apartments X P P P P X
4 Assisted living facilities X X X C C X
5 Convalescent/rest homes X C C C C X
6 Duplexes X
(1)
P P P P X
7 Hobby car restoration P P X X X P
8 Home occupations P P P P P P
9 Junior accessory dwelling units P P P P P P
10 Manufactured housing P P P P P P
11 Mobile home parks C C C C C P
12 Residential care homes, large C C C C C C
13 Rooming and Boarding houses X C C C C C
14 Single-family dwellings P P P P P P
15 Single Room Occupancy facilities X X X C C X
16 Supportive housing P P P P P P
17 Transitional housing P P P P P P
Recreation, Education, & Assembly
18 Commercial child day care
center
X X X C C X
19 Community/cultural/recreational
center
X C X X X X
20 Emergency shelters X C C C C C
21 Family child day care homes,
large
P P P P P P
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Page 4 of 21
# Land Use Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
22 Family child day care homes,
small
P P P P P P
23 Libraries, public X X X P P X
24 Monastery, convent, parsonage,
or nunnery
X C C C C C
25 Parks, public P P P P P P
26 Residential care homes, small P P P P P P
27 Residential recreational facilities,
private
C C C C C C
28 Residential service facilities,
large
X C C C C C
29 Residential service facilities,
small
P P P P P P
30 Schools - K-12, private C C C C C C
31 Schools - K-12, public P P P P P X
32 Tennis courts, private C C C C C C
General Services
33 Bed and breakfast inns X C C C C X
34 Garage/yard sales, private P P P P P P
Other
35 Government offices and facilities
(local, state, or federal)
C C C C C C
36 Groundwater recharge facilities P P P P P P
37 Public utility structures and
service facilities
C C C C C C
38
Satellite television or personal
internet broadband
dishes/antenna (less than three
feet in diameter)
P P P P P P
39
Satellite television or personal internet broadband
dishes/antenna (greater than
three feet in diameter)
May be allowed in compliance with CMC Chapter 21.34 (Wireless Communications Facilities)
40 Wireless telecommunications
facilities
May be allowed in compliance with CMC Chapter 21.34 (Wireless
Communications Facilities)
Expressly Prohibited Uses
41
Commercial and industrial uses
(except those allowed by a home
occupation permit)
X X X X X X
42 Short term rental X X X X X X
43 Storage of commercial vehicles X X X X X X
44
Storage of supplies and materials
for commercial or industrial
purposes
X X X X X X
45 Storage of supplies, materials,
lumber, metal and junk
X X X X X X
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(Supp. No. 37)
Page 5 of 21
# Land Use Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
exceeding an area of one
hundred square feet, except
when such are being used for
construction on the property
with a valid building permit
46
Any use which is obnoxious or
offensive or creates a nuisance
to the occupants or visitors of
adjacent buildings or premises
by reason of the emissions of
dust, fumes, glare, heat, liquids, noise, odor, smoke, steam,
vibrations, or similar
disturbances
X X X X X X
47 Any use inconsistent with state
or federal law
X X X X X X
(1) Except as provided for by Chapter 21.25 – Two-Unit Housing Developments.
21.08.040 Residential subdivision standards.
In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land
Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in residential
zoning districts shall be as specified by Table 2-3 (Minimum Parcel Sizes for Newly Created Parcels – Residential
Zoning Districts). Areas of special limitations may also be identified on the zoning map as a number with the
number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft.
minimum).
Table 2-3
Minimum Parcel Sizes for Newly Created Parcels — Residential Zoning Districts
Zoning Map
Symbol
Minimum Parcel Area: Square
Feet/Net Acre
Minimum Lot Width:
Feet
Minimum Public Frontage
R-1-6 6,000 60
25 feet
(15 feet for flag lots)
R-1-8 8,000 70
R-1-9 9,000 70
R-1-10 10,000 80
R-1-16 16,000 80
LMDR
May be subdivided into lots compliant with the minimum design site sizes (i.e., area, lot width,
depth) established by Chapter 21.07 (Multi-Family Development and Design Regulations) for
the applicable form-based zone. Exception: Common lots, lots and/or property dedicated to
the city, townhouse and core townhouse units meeting the minimum width and depth
requirements of the applicable form-based zone and individual condominium units when
included within a lot meeting the minimum design site sizes established by Chapter 21.07
(Multi-Family Development and Design Regulations), shall not be subject to a minimum parcel
size requirement for subdivision.
MDR
MHDR
HDR
MHP None
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Page 6 of 21
21.08.050 Residential development standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-3 (Minimum Parcel Sizes for Newly
Created Parcels – Residential Districts) and in Table 2-4 (General Development Standards – Residential Districts), in
addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading) and
Article 4 (e.g., accessory structures).
Table 2-4
General Development Standards – Residential Districts
Development Standard Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
Maximum Floor Area Ratio (FAR)
.45
(1)
See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified form-
based zone.
(3) (4)
N/A
Maximum Lot Coverage 40% N/A
Minimum Required Open Space 750 sq. ft. N/A
Minimum Setbacks
Front 20 ft.
See CMC 21.07 – Multi-Family
Development and Design Regulations for the specified form-
based zone.
(3) (4)
N/A
Side (each) 5 ft.
(2) N/A
Street Side (where applicable) 12 ft. N/A
Rear 5 ft. N/A
Parking Structure or Garage to
Public Right of Way 25 ft. N/A
Maximum Height and Stories
Main Structure Maximum Height 35 ft. See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified form-
based zone.
(3) (4)
N/A
Main Structure Maximum Stories 2 ½ stories
Homes
must be
less than
one story
Distance Between Non-Accessory Structures on the Same Lot
Minimum Separation Required
The distance equal to
the taller of the two
structures.
See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified form-
based zone.
(3) (4)
N/A
(1) The Planning Commission may approve a F.A.R. of up to 0.50 with approval of a site and architectural
review permit when it makes both of the following findings:
a. The perceived scale and mass of the home is compatible with the adjacent homes and the
homes in the surrounding area.
b. The home minimizes the use of design features that make it appear significantly larger than
the adjacent homes and the homes in the surrounding area.
(2) A minimum of the setback indicated or one-half (½) the building wall height, whichever is greater. The
Planning Commission may allow a minimum side setback of five (5) feet for structures proposed for a
second story addition, when it makes both of the following findings:
a. The side setback would not be detrimental to the health, safety, peace, comfort or general
welfare of persons in the neighborhood, or the city as a whole; and
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b. The side setback would not unreasonably interfere with the ability of adjoining property
owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's
property.
(3) Notwithstanding any provision to the contrary, the maximum FAR for a housing development project
consisting of three (3) to seven (7) units shall not be less than 1.0, and the maximum FAR of a housing
development project consisting of eight (8) to ten (10) units shall not be less than 1.25, when the
following conditions are met:
a. The housing development project consists of at least 3, but not more than 10, units.
b. The housing development project is not located in any of the following:
i. A property with a single-family zoning or land use designation;
ii. A historic district property included on the State Historic Resources Inventory, as
defined in Section 5020.1 of the Public Resource Code; and
iii. Within a site that is designated or listed as a city or county landmark or historic
property or district.
(4) Exception. The development standards of an individual single-family dwelling, not otherwise subject
to the Multi-Family Development and Design Standards established by Chapter 21.07, shall be the
same as those development standards applicable to the R-1 zoning district, except that the LMDR
zone shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR zones shall have a
maximum floor area ratio of 55%. Further, the MHDR and HDR zones shall be permitted to build up to
3-stories and 40-feet in height.
21.08.030 R-1 (Single-family) zoning district.
A. Purpose of R-1 (Single-family) zoning district.
1. The R-1 zoning district is intended to stabilize and protect the residential characteristics of the district
and to encourage a suitable environment for domestic home life.
2. The R-1 zoning district is intended to provide for detached single-family homes on larger parcels
(ranging from six thousand to sixteen thousand square foot parcels). The R-1 zoning district is
consistent with the low-density residential land use designations of the General Plan.
3. The San Tomas area neighborhood plan land use policies are incorporated herein by reference. The San
Tomas area neighborhood plan policies shall only apply to properties within the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is maintained at the community
development department. In the case of conflict between the San Tomas area neighborhood plan
policies and other requirements contained in this chapter, the policies of the San Tomas area
neighborhood plan shall prevail.
4. The Campbell Village Neighborhood Plan land use policies are incorporated herein by reference. The
Campbell Village Neighborhood Plan policies shall only apply to properties within the boundaries of the
Campbell Village Neighborhood Plan area. The map outlining the boundaries of the Campbell Village
Neighborhood Plan area is maintained at the community development department. In the case of
conflict between the Campbell Village Neighborhood Plan and other requirements contained in this
chapter, the policies of the Campbell Village Neighborhood Plan shall prevail.
B. Permitted uses in R-1 (Single-family) zoning district. The following uses are permitted with a zoning clearance
in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Family child day care homes, small;
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4. Garage/yard sales, private;
5. Groundwater recharge facilities;
6. Hobby car restoration;
7. Home occupations;
8. Junior accessory dwelling units;
9. Manufactured housing (subject to architectural requirements within the parameters of State Law);
10. Parks, public;
11. Residential care homes, small;
12. Residential service facilities, small;
13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
14. Schools - K-12, public;
15. Single-family dwellings;
16. Supportive housing;
17. Transitional housing.
C. Uses allowed with conditional use permit in R-1 (Single-family) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Family child day care homes, large;
2. Government offices and facilities (local, state, or federal);
3. Public utility structures and service facilities;
4. Residential care homes, large;
5. Residential recreational facilities, private;
6. Satellite television or personal internet broadband dishes/antenna (greater than three feet in
diameter);
7. Schools - K-12, private;
8. Tennis courts, private;
9. Wireless telecommunications facilities.
D. Prohibited uses in R-1 (Single-family) zoning district. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a home occupation permit);
2. Storage of commercial vehicles;
3. Storage of supplies and materials for commercial or industrial purposes;
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of one hundred square feet,
except when such are being used for construction on the property with a valid building permit;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of adjacent
buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbances;
6. Any use inconsistent with state or federal law.
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E. General development standards for uses in R-1 (Single-family) zoning district. New land uses and structures,
and alterations to existing land uses and structures, shall be designated, constructed, and/or established in
compliance with the requirements in Table 2-2 (Minimum Parcel Sizes for Newly Created Parcels in the R-1
Zoning District) and in Table 2-3 (General Development Standards — R-1 Zoning District), in addition to the
general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and
Operational Standards).
Table 2-2 Minimum Parcel Sizes for Newly Created Parcels in the R-1 Zoning District
Zoning Map Symbol Minimum Parcel Area: Square
Feet/Net Acre
Minimum Lot Width: Feet
R-1-6 6,000 60
R-1-8 8,000 70
R-1-9 9,000 70
R-1-10 10,000 80
R-1-16 16,000 80
Table 2-3 General Development Standards - R-1 Zoning District
Development Feature R-1
Minimum public frontage 25 feet/15 feet for flag lots
Maximum allowable density See Table 2-1
Private open space required 750 square feet per dwelling unit. The area shall be in addition to the
required front setback between the structure and any street property
line. The recreational area may be occupied by facilities such as a
swimming pool, playground equipment, and a patio, porch, or deck
provided it is open on at least two sides and not covered by a roof or
canopy. No dimension of an area to be counted as open space shall be
less than 10 feet.
Setbacks required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line (whichever is greater). The planning
commission may allow a minimum side setback of five feet for structures
proposed for a second story addition, when it finds:
a. The side setback would not be detrimental to the health, safety,
peace, comfort or general welfare of persons in the neighborhood, or the city as a whole; and
b. The side setback would not unreasonably interfere with the ability of
adjoining property owners to enjoy access to air, privacy, sunlight, and
the quiet enjoyment of the owner's property.
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular access 25 feet to any public right-of-way.
Maximum floor area ratio 0.45
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The planning commission may approve an F.A.R. of up to 0.50 with
approval of a site and architectural review permit when it makes both of
the following findings:
a. The perceived scale and mass of the home is compatible with the
adjacent homes and the homes in the surrounding area.
b. The home minimizes the use of design features that make it appear
significantly larger than the adjacent homes and the homes in the
surrounding area.
Maximum lot coverage 40%
Main structure maximum height 35 ft./2 ½ stories
Distance between non-accessory
structures on the same lot
The distance equal to building wall height of the taller of the two
structures.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the single-family residential design guidelines that have been adopted by the city.
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014; Ord. No. 2216, § 10, 12-12-2016; Ord. No. 2225, § 9, 8-15-2017; Ord. No.
2252 , § 8, 11-19-2019)
21.08.040 R-D (Two-family) zoning district.
A. Purpose of R-D (Two-family) zoning district. The R-D zoning district identifies areas appropriate to provide a
variety of dwelling types. The allowable maximum density range is six to thirteen dwelling units per gross
acre. The R-D zoning district is intended to provide for single-family and two-family dwelling units on parcels
ranging from six thousand square feet for single-family dwelling units and seven thousand square feet for
two-family dwelling units. The R-D zoning district is consistent with the low-medium density residential land
use designation of the General Plan.
B. Permitted uses in R-D (Two-family) zoning district. The following uses are permitted with a zoning clearance
in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Duplexes;
4. Family child day care homes, small;
5. Garage/yard sales, private;
6. Groundwater recharge facilities;
7. Hobby car restoration;
8. Home occupations;
9. Junior accessory dwelling units;
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10. Parks, public;
11. Residential care homes, small;
12. Residential service facilities, small;
13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
14. Schools - K-12, public;
15. Single-family dwellings;
16. Supportive housing;
17. Transitional housing.
C. Uses allowed with conditional use permit in R-D (Two-family) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46, (Conditional Use Permits):
1. Convalescent/rest homes;
2. Family child day care homes, large;
3. Government offices and facilities (local, state, or federal);
4. Monastery, convent, parsonage, or nunnery;
5. Public utility structures and service facilities;
6. Residential care homes, large;
7. Residential recreational facilities, private;
8. Residential service facilities, large;
9. Rooming and Boarding houses;
10. Satellite television or personal internet broadband dishes/antenna (greater than three feet in
diameter);
11. Schools - K-12, private;
12. Tennis courts, private;
13. Reserved;
14. Wireless telecommunications facilities.
D. Prohibited uses in R-D (Two-family) zoning district. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a home occupation permit);
2. Storage of commercial vehicles;
3. Storage of supplies and materials for commercial or industrial purposes;
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of one hundred square feet,
except when such are being used for construction on the property with a valid building permit;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of adjacent
buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbances;
6. Any use inconsistent with state or federal law.
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E. General development standards for uses in R-D (Two-family) zoning district. New land uses and structures,
and alterations to existing land uses and structures, shall be designated, constructed, and/or established in
compliance with the requirements in Table 2-4 (General Development Standards - R-D Zoning District), in
addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3,
(Development and Operational Standards).
Table 2-4
General Development Standards - R-D Zoning District
Development Feature R-D
Minimum parcel size 6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
Minimum parcel width 60 ft.
Minimum public frontage 25 ft./15 ft. for flag lots
Maximum allowable density 6 to 13 d.u./gross acre
Open space required for two-family
dwelling units
750 square feet per dwelling unit. The area shall be in addition to the
required front setback between the structure and any street property
line. The recreational area may be occupied by facilities such as a
swimming pool, playground equipment, and a patio, porch, or deck
provided it is open on at least two sides and not covered by a roof or
canopy. No dimension of an area to be counted as open space shall be
less than 10 ft.
Setbacks required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular access 25 feet to any public right-of-way.
Maximum floor area ratio 0.45
Maximum lot coverage 40%
Main structure maximum height 35 ft./2 ½ stories
Distance between non-accessory
structures on the same lot
The distance equal to building wall height of the taller of the two
structures.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Motor vehicle parking See Chapter 21.28(Parking and Loading)
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014; Ord. No. 2252 , § 9, 11-19-2019)
21.08.050 R-M (Multiple-family) zoning district.
A. Purpose of R-M (Multiple-family) zoning district. The R-M zoning district identifies areas appropriate to
provide a variety of dwelling types. The allowable maximum density range is six to thirteen dwelling units per
gross acre. The R-M zoning district is intended to provide for single-family, two-family, and multiple-family
dwelling units on parcels ranging from six thousand square feet for single-family, seven thousand square feet
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for two-family, and nine thousand square feet for three-family dwelling units. The R-M zoning district is
consistent with the low-medium density residential land use designation of the General Plan.
B. Permitted uses in R-M (Multiple-family) zoning district. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Apartments;
4. Duplexes;
5. Family child day care homes, small;
6. Garage/yard sales, private;
7. Groundwater recharge facilities;
8. Home occupations;
9. Junior accessory dwelling units;
10. Parks, public;
11. Residential care homes, small;
12. Residential service facilities, small;
13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
14. Schools - K-12, public;
15. Single-family dwellings;
16. Supportive housing;
17. Transitional housing.
C. Uses allowed with conditional use permit in R-M (Multiple-family) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46, (Conditional Use Permits):
1. Bed and breakfast inns;
2. Community/cultural/recreational center;
3. Convalescent/rest homes;
4. Emergency shelters;
5. Family child day care homes, large;
6. Government offices and facilities (local, state, or federal);
7. Monastery, convent, parsonage, or nunnery;
8. Public utility structures and service facilities;
9. Residential care homes, large;
10. Residential recreational facilities, private;
11. Residential service facilities, large;
12. Rooming and Boarding houses;
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13. Satellite television or personal internet broadband dishes/antenna (greater than three feet in
diameter);
14. Schools - K-12, private;
15. Tennis courts, private;
16. Reserved;
17. Wireless telecommunications facilities.
D. Prohibited uses in R-M (Multiple-family) zoning district. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a home occupation permit);
2. Storage of commercial vehicles;
3. Storage of supplies and materials for commercial or industrial purposes;
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of one hundred square feet,
except when such are being used for construction on the property with a valid building permit;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of adjacent
buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbances;
6. Any use inconsistent with state or federal law.
E. General development standards for uses in R-M (Multiple-family) zoning district. New land uses and
structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or
established in compliance with the requirements in Table 2-5 (General Development Standards - R-M Zoning
District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in
Article 3, (Development and Operational Standards).
Table 2-5
General Development Standards - R-M Zoning District
Development Feature R-M
Minimum parcel size 6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
9,000 square feet for a three-family dwelling.
Parcels having an area greater than 9,000 square feet may be developed
at a ratio of one dwelling unit for each 3,000 square feet of parcel area.
Minimum parcel width 60 ft.
Minimum public frontage 25 ft./15 ft. for flag lots
Maximum allowable density 6 to 13 d.u./gross acre
Open space required for multiple-
family dwelling units
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be private or
common. The area shall be in addition to the required front setback
between the structure and any street property line. It shall be specifically
designed for recreational use, whether active or passive, and shall not be
occupied by driveways, parking spaces, or walkways between structures.
When serving multiple-family dwelling units, a recreation area may be
provided for each dwelling unit, or all the required space may be
combined in one area. A rooftop recreation space may be counted as a
part of the required space; provided, it is at least 300 square feet in area.
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The area may be occupied by recreational facilities (e.g., deck, patio,
playground equipment, porch, or swimming pool); provided, they are
open on at least two sides and not covered by a roof or canopy. When the recreation area is 500 square feet or more in size, a recreation
structure may be built on not more than 25 percent of the area. No
dimension of an area to be counted as open space shall be less than 10 ft.
Setbacks required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular access 25 feet to any public right-of-way.
Maximum floor area ratio 0.50
Maximum lot coverage 40%
Main structure maximum height 35 ft./2 ½ stories
Distance between non-accessory
structures on the same lot
The distance equal to building wall height of the taller of the two
structures.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice, and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning
districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014; Ord. No. 2252 , § 10, 11-19-2019)
21.08.060 R-2 (Multiple-family) zoning district.
A. Purpose of R-2 (Multiple-family) zoning district. The R-2 zoning district identifies areas appropriate to provide a variety of dwelling types. The allowable maximum density range is fourteen to twenty dwelling units per
gross acre. The R-2 zoning district is intended to provide for single-family, two-family, and multiple-family
dwelling units on parcels ranging from six thousand square feet for single-family, seven thousand square feet
for two-family, and eight thousand square feet for three- and four-family dwelling units. The R-2 zoning
district is consistent with the medium density residential land use designation of the General Plan.
B. Permitted uses in R-2 (Multiple-family) zoning district. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Apartments;
4. Duplexes;
5. Family child day care homes, small;
6. Garage/yard sales, private;
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7. Groundwater recharge facilities;
8. Home occupations;
9. Junior accessory dwelling units;
10. Parks, public;
11. Residential care homes, small;
12. Residential service facilities, small;
13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
14. Schools - K-12, public;
15. Single-family dwellings;
16. Supportive housing;
17. Transitional housing.
C. Uses allowed with conditional use permit in R-2 (Multiple-family) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46, (Conditional Use Permits):
1. Bed and breakfast inns;
2. Convalescent/rest homes;
3. Emergency shelters;
4. Family child day care homes, large;
5. Government offices and facilities (local, state, or federal);
6. Monastery, convent, parsonage, or nunnery;
7. Public utility structures and service facilities;
8. Residential care homes, large;
9. Residential recreational facilities, private;
10. Residential service facilities, large;
11. Rooming and Boarding houses;
12. Satellite television or personal internet broadband dishes/antenna (greater than three feet in
diameter);
13. Schools - K-12, private;
14. Tennis courts, private;
15. Reserved;
16. Wireless telecommunications facilities.
D. Prohibited uses in R-2 (Multiple-family) zoning district. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a home occupation permit);
2. Storage of commercial vehicles;
3. Storage of supplies and materials for commercial or industrial purposes;
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4. Storage of supplies, materials, lumber, metal and junk exceeding an area of one hundred square feet,
except when such are being used for construction on the property with a valid building permit;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of adjacent
buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbances;
6. Any use inconsistent with state or federal law.
E. General development standards for uses in R-2 (Multiple-family) zoning district. New land uses and
structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or
established in compliance with the requirements in Table 2-6 (General Development Standards - R-2 Zoning
District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in
Article 3, (Development and Operational Standards).
Table 2-6
General Development Standards - R-2 Zoning District
Development Feature R-2
Minimum parcel size 6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
8,000 square feet for a three- or four-family dwelling.
Parcels having an area greater than 8,000 square feet may be developed
at a ratio of four dwelling units for the first 8,000 square feet, and 2,200
square feet for each additional unit.
Minimum parcel width 60 ft.
Minimum public frontage 25 ft./15 ft. for flag lots
Maximum allowable density 14to 20 d.u./gross acre
Open space required for multiple-
family dwelling units
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be private or
common. The area shall be in addition to the required front setback
between the structure and any street property line. It shall be specifically
designed for recreational use, whether active or passive, and shall not be
occupied by driveways, parking spaces, or walkways between structures.
When serving multiple-family dwelling units, a recreation area may be
provided for each dwelling unit, or all the required space may be
combined in one area. A rooftop recreation space may be counted as a
part of the required space; provided, it is at least 300 square feet in area.
The area may be occupied by recreational facilities (e.g., deck, patio,
playground equipment, porch, or swimming pool); provided, they are
open on at least two sides and not covered by a roof or canopy. When the recreation area is 500 square feet or more in size, a recreation
structure may be built on not more than 25 percent of the area. No
dimension of an area to be counted as open space shall be less than 10 ft.
Setbacks required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
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Vehicular access 25 feet to any public right-of-way.
Maximum floor area ratio 0.55
Maximum lot coverage 40%
Main structure maximum height 35 ft./2 ½ stories
Distance between non-accessory
structures on the same lot
The distance equal to building wall height of the taller of the two
structures.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning
districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014; Ord. No. 2252 , § 11, 11-19-2019)
21.08.070 R-3 (Multiple-family) zoning district.
A. Purpose of R-3 (Multiple-family) zoning district. The R-3 zoning district identifies areas appropriate to provide
a variety of dwelling types at a controlled high density at readily accessible locations that are convenient to
community facilities. The allowable maximum density range is twenty-one to twenty-seven dwelling units
per gross acre. The R-3 zoning district is intended to provide for single-family, two-family, and multiple-family
dwelling units on parcels ranging from six thousand square feet for single-family, seven thousand square feet
for two-family, and eight thousand square feet for three- and four-family dwelling units. The R-3 zoning
district is consistent with the high density residential land use designation of the General Plan.
B. Permitted uses in R-3 (Multiple-family) zoning district. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Apartments;
4. Duplexes;
5. Family child day care homes, small;
6. Garage/yard sales, private;
7. Groundwater recharge facilities;
8. Home occupations;
9. Junior accessory dwelling units;
10. Libraries, public;
11. Parks, public;
12. Residential care homes, small;
13. Residential service facilities, small;
14. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
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15. Schools - K-12, Public;
16. Single-family dwellings;
17. Supportive housing;
18. Transitional housing.
C. Uses allowed with conditional use permit in R-3 (Multiple-family) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Assisted living facilities;
2. Bed and breakfast inns;
3. Commercial child day care center;
4. Convalescent/rest homes;
5. Emergency shelters;
6. Family child day care homes, large;
7. Government offices and facilities (local, state, or federal);
8. Mobile home parks, homes must be less than one story in height;
9. Monastery, convent, parsonage, or nunnery;
10. Public utility structures and service facilities;
11. Residential care homes, large;
12. Residential recreational facilities, private;
13. Residential service facilities, large;
14. Rooming and Boarding houses;
15. Satellite television or personal internet broadband dishes/antenna (greater than three feet in
diameter);
16. Schools - K-12, private;
17. Single Room Occupancy facilities.
18. Tennis courts, private;
19. Reserved;
20. Wireless telecommunications facilities.
D. Prohibited uses in R-3 (Multiple-family) zoning district. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a home occupation permit);
2. Storage of commercial vehicles;
3. Storage of supplies and materials for commercial or industrial purposes;
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of one hundred square feet,
except when such are being used for construction on the property with a valid building permit;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of adjacent
buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor,
smoke, steam, vibrations, or similar disturbances;
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6. Any use inconsistent with state or federal law.
E. General development standards for uses in R-3 (Multiple-family) zoning district. New land uses and
structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or
established in compliance with the requirements in Table 2-7 (General Development Standards - R-3 Zoning
District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in
Article 3 (Development and Operational Standards).
TABLE 2-7
GENERAL DEVELOPMENT STANDARDS - R-3 ZONING DISTRICT
Development Feature R-3
Minimum parcel size 6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
8,000 square feet for a three- or four-family dwelling.
Parcels having an area greater than 8,000 square feet may be developed
at a ratio of four dwelling units for the first 8,000 square feet, and 1,600
square feet for each additional unit.
Minimum parcel width 60 ft.
Minimum public frontage 25 ft./15 ft. for flag lots
Maximum allowable density 21 to 27 d.u./gross acre
Open space required for multiple-
family dwelling units
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be private or
common. The area shall be in addition to the required front setback
between the structure and any street property line. It shall be specifically
designed for recreational use, whether active or passive, and shall not be
occupied by driveways, parking spaces, or walkways between structures.
When serving multiple-family dwelling units, a recreation area may be
provided for each dwelling unit, or all the required space may be
combined in one area. A rooftop recreation space may be counted as a
part of the required space; provided, it is at least 300 square feet in area.
The area may be occupied by recreational facilities (e.g., deck, patio,
playground equipment, porch, or swimming pool); provided, they are
open on at least two sides and not covered by a roof or canopy. When
the recreation area is 500 square feet or more in size, a recreation
structure may be built on not more than 25 percent of the area. No
dimension of an area to be counted as open space shall be less than 10 ft.
Setbacks required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular access 25 feet to any public right-of-way.
Maximum floor area ratio 0.55
Maximum lot coverage 40%
Main structure maximum height 40 ft./3 stories
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Distance between non-accessory
structures on the same lot
The distance equal to building wall height of the taller of the two
structures.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning
districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1(part), 2004).
(Ord. No. 2182, § 1(Exh. A), 10-7-2014; Ord. No. 2252 , § 12, 11-19-2019)
Title 21 - ZONING
Chapter 21.10 COMMERCIAL, OFFICE, AND INDUSTRIAL DISTRICTS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 1 of 41
Chapter 21.10 COMMERCIAL, OFFICE, AND INDUSTRIAL DISTRICTS
21.10.010 Purpose of chapter—Applicability.
A. Commercial, office, and industrial zoning districts. This chapter provides regulations applicable to
development and new land uses in the commercial, office, and industrial zoning districts established by
Section 21.04.020, (Zoning districts established). The purpose of this chapter is to achieve the following:
1. Provide convenient and appropriately distributed commercial areas for retail and service
establishments, including neighborhood and office uses required by residents of the city in a manner
consistent with the general plan;
2. Enhance the visual quality of the commercial streets by extending the structures along the street,
thereby forming a street-wall effect;
3. Enhance the visual image of the city through good design and appropriate structure placement. Visual quality can also be improved through appropriate and complementary structure scale, which means
the relationship of new development to existing structures;
4. Provide for the development of non-polluting, clean industrial uses to broaden the
economic/employment base of the city, while ensuring compatible integration with nonindustrial uses,
in a manner consistent with the general plan;
5. Upgrade the existing function and appearance of the city's industrial areas by encouraging high quality
development;
6. Provide adequate space to meet the needs of commercial and industrial development, including off-
street parking and loading;
7. Minimize traffic congestion and avoid the overloading of utilities;
8. Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences;
and
9. Promote high standards of site planning and landscape design for the commercial and industrial
developments within the city.
(Ord. 2043 § 1(part), 2004).
21.10.020 Commercial, office, and industrial zoning districts.
The purpose and zoning district map symbols of individual commercial, office, and industrial zoning districts
are as follows:
A. Professional Office Zoning District.
1. Purpose: The Professional Office 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 Professional Office zoning district is
consistent with the Professional Office land use designation of the General Plan.
2. Zoning District Map Symbol: PO
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B. Neighborhood Commercial Zoning District.
1. Purpose: The Neighborhood Commercial zoning district is intended to provide for retail sales, offices,
and services serving the daily needs of nearby residents of the city and to promote stable and
attractive commercial development which will be compatible with neighboring residential uses. This
zoning district is designed to encourage the location of commercial uses at major intersections within
residential areas. These areas should be designed to accommodate the auto in a manner that is also
friendly to and harmonious with pedestrian and bicycle traffic. The architecture of the structures
should be compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies,
and restaurants are prime examples of neighborhood commercial uses. The Neighborhood Commercial
zoning district is consistent with the Neighborhood Commercial land use designation of the General
Plan.
2. Zoning District Map Symbol: NC
C. General Commercial Zoning District.
1. Purpose: The General Commercial zoning district is intended to provide a wide range of retail sales and
business and personal services primarily oriented to the automobile customer and accessible to transit
corridors, to provide for general commercial needs of the city, and to promote a stable and attractive
commercial development which will afford a pleasant shopping environment. The building forms
should typically frame the street, with parking lots located either behind or under the structures they
are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this
zoning district. The General Commercial zoning district is consistent with the General Commercial land
use designation of the General Plan.
2. Zoning District Map Symbol: GC
D. Research and Development Zoning District.
1. Purpose: The Research and Development zoning district is intended to provide a stable environment
conducive to the development and protection of specialized manufacturing, packaging, printing,
publishing, testing, and research and development with associated administrative office facilities often
providing a campus-like environment as a corporate headquarters. These facilities are operated and
maintained in a clean and quiet manner and continually meet the standards identified in this chapter
and in this Zoning Code. The Research and Development Zoning District is consistent with the Research
and Development land use designation of the General Plan.
2. Zoning District Map Symbol: RD
E. Light Industrial Zoning District.
1. Purpose: The Light Industrial zoning district is designed to encourage sound industrial development
(e.g., light manufacturing, industrial processing, storage and distribution, warehousing), in addition to
service commercial uses (e.g., motor vehicle repair facilities) in the city by providing and protecting an
environment exclusively for this type of development, subject to regulations identified in this Zoning
Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or
other related disturbances. Industries producing substantial amounts of hazardous waste, odor, or
other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or office
supply) would generally be allowed as ancillary uses, subject to appropriate development and design
standards and guidelines. The Light Industrial zoning district is consistent with the light industrial land
use designation of the General Plan.
2. Zoning District Map Symbol: LI
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21.10.020 General permit requirements.
A. Zoning clearance. A zoning clearance is a ministerial permit that the community development director uses
to verify that a proposed structure or land use activity complies with the list of activities allowed in the
applicable zoning district, the development standards applicable to each type of use, and any conditions of
approval of permits previously issued for the subject site. Before commencing any work pertaining to the
alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to
any structure, a building permit shall be obtained from the building division and a zoning clearance from the
community development department by an owner or owner's agent.
B. Site and architectural review required. All construction activities (e.g., additions, alterations, construction,
reconstruction, or remodeling) shall receive site and architectural review approval in compliance with
Chapter 21.42 (Site and Architectural Review).
(Ord. 2043 § 1(part), 2004).
21.10.030 Commercial, Office, and Industrial land uses.
The permissibility of land uses in residential districts shall be as specified by Table 2-5 (Land Use Table –
Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational standards contained
in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in
compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the
approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed
as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or
Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The list of land uses is organized by headers which
themselves do not convey an intended land use.
Table 2-5
Land Use Table — Commercial, Office, and Industrial Zoning Districts
Zoning District Map Symbol
# Land Use NC GC PO RD LI
Manufacturing, Processing, and Storage
1 Artisan products, small-scale assembly X P X P P
2 Building material stores/yards X X X X C
3 Chemical products X X X X C
4 Clothing products manufacturing X X X P P
5 Contractor's equipment yards X X X X C
6 Electronics and equipment manufacturing X X X P P
7 Food and beverage product manufacturing X X X P P
8 Furniture/cabinet shops X X X P P
9 Glass products manufacturing; X X X P P
10 Handicraft industries, small scale assembly X P X P P
11 Laboratories X X X X P
12 Laundries/dry cleaning plants X X X P P
13 Lumber and wood products, including incidental mill work X X X X P
14 Machinery manufacturing X X X P P
15 Metal products fabrication X X X P P
16 Outdoor storage X X X X C
17 Paper products manufacturing X X X P P
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Zoning District Map Symbol
# Land Use NC GC PO RD LI
18 Pharmaceutical manufacturing X X X P P
19 Plastics and rubber products X X X P P
20 Printing and publishing X X X P P
21 Recycling facilities - processing facility X X X X C
22 Research and development X X X P P
23 Rug and upholstery cleaning X X X X P
24 Sign manufacturing X X X P P
25 Storage facilities (one facility per every five thousand
people of the population) X X X X C
26 Textile products manufacturing X X X P P
27 Warehousing, wholesaling and distribution facility,
incidental. X X X X P
28 Warehousing, wholesaling and distribution facility,
primary. X X X X P
Recreation, Education, Public Assembly
29 Commercial day care centers C C C X X
30 Commercial schools C C X X X
31 Community/cultural/recreational center C C C X X
32 Golf courses and golf driving ranges X C X X X
33 Libraries, public P P C X X
34 Membership organization facilities X X C X X
35 Miniature golf courses X C X X X
36 Museums, public C C X X X
37 Public assembly uses C C C X C
38 Studios, large C C X C C
39 Studios, small C C X C C
40 Schools—K-12, private C C C X X
41 Schools—K-12, public P P P X X
42 Tutoring centers, large, subject to Section 21.36.243 C C P X X
43 Tutoring centers, small, subject to Section 21.36.243 C C P X X
44 Universities/colleges, private C C C X X
45 Universities/colleges, public P P X X X
Retail
46
Ancillary retail operations associated with a lawfully
established use which occupy no more than twenty-five
percent of the use's existing floor area.
X X X X C
47 Ancillary retail uses serving industrial uses X X X C C
48 Convenience markets/stores; C C X X X
49 Department stores X C X X X
50 Furniture, furnishings, and equipment stores (greater than
ten thousand square feet) C P X X X
51 Furniture, furnishings, and equipment stores (under ten
thousand square feet) C P X X X
52 Garden centers/plant nurseries C P X X X
53 Gasoline stations C C X X X
54 Grocery stores (greater than ten thousand square feet) C C X X X
55 Grocery stores (under ten thousand square feet) P P X X X
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(Supp. No. 37)
Page 5 of 41
Zoning District Map Symbol
# Land Use NC GC PO RD LI
56 Hardware stores (greater than ten thousand square feet) C C X X X
57 Hardware stores (under ten thousand square feet) P P X X X
58 Liquor establishments C N/A X X X
59 Liquor establishments (on-site consumption only); N/A C X X X
60 Liquor stores C N/A X X X
61 Liquor stores (off-site consumption only); X C X X X
62 Meat markets P X X X X
63 Music (recordings) stores C C X X X
64 Outdoor retail sales and activities X C X X X
65 Pet stores C C X X X
66 Pharmacies/drug stores P P X X X
67 Pharmacies/drug stores, with drive-up service; X C X X X
68 Retail stores, general merchandise; P P X X X
69 Second hand/thrift stores X C X X X
70 Shopping centers (greater than ten thousand square feet) C C X X X
71 Shopping centers (under ten thousand square feet) P P X X X
72 Vending machines P P X X X
73 Warehouse retail stores C C X X X
Entertainment
74 Arcades C C X X X
75 Dancing and live entertainment C C X X X
76 Drive-in theaters X C X X X
77 Indoor amusement/entertainment/recreation centers X C X X X
78 Nightclubs with or without food service X C X X X
79 Outdoor amusement/entertainment/recreation centers X C X X X
80 Theaters, movie or performing arts X C X X X
General Services
81 Adult day care facilities X C X X X
82 Automated teller machines (ATM's) P P X X X
83 Banks and financial services P P X X X
84 Bed and breakfast inns (only in historic structures) X C X X X
85 Blueprinting shops X P X P P
86 Business support service X X X P P
87 Cat and dog day care facilities X C X X C
88 Cat and dog grooming facilities X C X X C
89 Cat Boarding facilities X C X X C
90 Catering business X X X X C
91 Catering business, only when ancillary to a restaurant P P X X X
92 Check cashing X C X X X
93 Construction equipment rentals X X X X C
94 Dog Boarding facilities X X X X C
95 Dry cleaning P P X X X
96 Equipment rental establishments X C X X X
97 Health/fitness centers C C C C C
98 Hotel C P X X X
99 Laundromats, self-service P P X X X
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Zoning District Map Symbol
# Land Use NC GC PO RD LI
100 Massage establishments X C C X X
101 Motel C P X X X
102 Payday lender X C X X X
103 Personal services, general P P X X X
104 Personal services, limited X C X X X
105 Photocopying P P X X X
106 Photography studio/supply shop P P X X X
107
Recycling facilities—Reverse vending machines, other
than such machines with a permit issued pursuant to
Section 21.36.245
C C X X X
108
Recycling facilities - large collection facility, other than
such facilities with a permit issued pursuant to Section
21.36.245.
X X X X C
109
Recycling facilities—small collection facility, other than
such facilities with a permit issued pursuant to Section
21.36.245
C C X X X
110 Repair and maintenance, consumer products P P X X P
111 Sign shops X C X X P
112 Spa services C C X X X
113 Tanning studios C C X X X
114 Veterinary clinics and animal hospitals C C X X C
115 Video rental stores C C X X X
Motor Vehicles, Trailers, and Watercraft
116 Marine sales (new and used), with/without service
facilities X X X X C
117 Motor vehicle - cleaning, washing, and detailing X C X X C
118 Motor vehicle—dismantling X X X X C
119 Motor vehicle—leasing X X X X C
120 Motor vehicle - oil change facilities X C X X C
121 Motor vehicle—painting X X X X C
122 Motor vehicle - parts and supplies (very limited
maintenance/installation) X C X X X
123 Motor vehicle—renting X X X X C
124 Motor vehicle - renting and leasing X C X X N/A
125 Motor vehicle—repair and maintenance (minor and
major/only within an enclosed structure) X X X X C
126 Motor vehicle—repair and maintenance (minor/only
within an enclosed structure). X X X X C
127 Motor vehicle - sales (new and/or used) X C X X C
128 Motor vehicle—tune-up X X X X C
129 Motor vehicle—tune-up—light duty only X X X X C
130 Motor vehicle—window tinting X X X X C
131 Trailer sales (with or without service facilities) X X X X C
Food Services
132 Banquet facilities X C X X X
133 Restaurants, fast food (with or without drive-in service); C C X X X
134 Restaurants or cafes (excluding fast food or drive-ins) P P X C C
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Zoning District Map Symbol
# Land Use NC GC PO RD LI
135 Restaurants with late night activities or banquet facilities C C X X X
Medical Services
136 Ambulance service X P X X P
137 Convalescent/rest homes C C X X X
138 Hospitals X C X X X
139 Medical services, clinics C C C C X
140 Medical services, extended care C C X C X
141 Medical services, laboratories X P C C X
Offices
142 Offices, professional; P P P AC AC
143 Travel agencies P P X X X
Transportation, Parking, and Communications
144 Alternative fuels and recharging facilities C C X X C
145 Broadcast and recording studios C C C C C
146 Light rail lines X X X X P
147 Light rail passenger terminals P P X P P
148 Parking lots/structures, public P P C C C
149 Radio or television transmitters C C C C C
150 Radio stations X C X C C
151 Satellite television or personal internet broadband
dishes/antenna (less than 3 feet in diameter) P P P P P
152 Towing services X X X X C
153 Trucking/freight terminal X X X X P
154 Wireless telecommunications facilities
May be allowed in compliance with CMC
Chapter 21.34 (Wireless
Communications Facilities)
Other Uses
155 Caretaker/employee housing X C X C C
156
Emergency shelters; within parcels depicted by Figure II-
63 (Parcels Allowing Emergency Shelters) of the City of
Campbell Housing Element
P P P P P
157
Emergency shelters; outside parcels depicted by Figure II-
63 (Parcels Allowing Emergency Shelters) of the City of
Campbell Housing Element
C C X C C
158 Collection containers, small, subject to obtaining a permit
pursuant to Section 21.36.245 P P X X P
159 Conversion, commercial converted from residence C C C X X
160 Conversion, industrial converted from residence X X X X C
161 Government offices and facilities (local, State or federal) C C C C C
162 Late night activities C C C C C
163 Outdoor active activities (e.g., drive-up windows) X C X X X
164 Outdoor seating, when more than twelve total seats C C X X X
165 Outdoor seating, when twelve total seats or less P P X X X
166 Philanthropic collection trailers C C X X X
167 Public utility service yards X X X C X
168 Public utility structures and service facilities C C X C C
169 Public works maintenance facilities and storage yards X C X C C
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Zoning District Map Symbol
# Land Use NC GC PO RD LI
170 Sexually oriented business in compliance with Chapter
5.55 and section 21.35.205 of this Code. X X X X P
171 Temporary uses May be allowed in compliance with CMC
Chapter 21.45 (Temporary Uses)
172 The use of any building that was constructed as a
residential structure for a commercial or office use C C C X X
173 Transitional housing C C X X C
174 Warehousing, wholesaling and distribution facility,
incidental (less than fifty percent of floor area); X X X P X
Expressly Prohibited Uses
175 Any business that includes smoking tobacco on site (e.g.,
smoking lounges, hookah lounges, etc.) N/A N/A N/A X X
176 Any use inconsistent with state or federal law X X X X X
177
Any use which is obnoxious or offensive or creates a
nuisance to the occupants or commercial visitors of
adjacent buildings or premises by reason of the emissions
of dust, fumes, glare, heat, liquids, noise, odor, smoke,
steam, vibrations, or similar disturbances
X X X X X
178 All incineration N/A N/A N/A X X
179 Storage of commercial and industrial vehicles, except for
the purpose of loading and unloading X N/A X X X
180 Storage of industrial vehicles, except for the purpose of
loading and unloading. N/A X N/A X X
181
The storage or warehousing of merchandise or products in
the building or on the premises, unless otherwise
approved
X X X X X
182 The outdoor storage of merchandise or products X X X X X
183 The outdoor storage of merchandise or products, unless
otherwise approved. N/A X N/A X X
184
The storage of raw, in process, or finished material and
supplies, and of waste materials outside of an enclosed
building;
N/A N/A N/A X X
185
The assembly, compounding, manufacturing, or
processing of merchandise or products, except such as are
customarily incidental or essential to permitted retail
commercial and service uses
X X X X X
186
The use of any building that was constructed as a
residential structure. Such building is considered
nonconforming and subject to the provisions of Chapter
21.58 (Nonconforming Uses and Structures)
N/A N/A N/A X X
21.10.040 Commercial, Office, and Industrial subdivision standards.
In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land
Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in commercial,
office, and industrial zoning districts shall be as specified by Table 2-6 (Minimum Parcel Sizes for Newly Created
Parcels — Commercial, Office, and Industrial Districts). Areas of special limitations may also be identified on the
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zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of
square feet (i.e., 80 = 80,000 sq. ft. minimum).
Table 2-6
Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts
Zoning Map
Symbol
Minimum Parcel Area: Square
Feet/Net Acre
Minimum Lot Width:
Feet
Minimum Public Frontage:
Feet
NC No minimum.
0 0
GC No minimum.
PO No minimum.
RD As depicted on the zoning map.
LI 6,000 sq. ft.
21.10.050 Commercial, Office, and Industrial development standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-6 (Minimum Parcel Sizes for Newly
Created Parcels — Commercial, Office, and Industrial Districts) and in Table 2-7 (General Development Standards –
Commercial, Office, and Industrial Zoning Districts), in addition to the development standards contained in Article
3 (e.g., landscaping, fences, parking and loading, signs) and Article 4 (e.g., accessory structures).
Table 2-7
General Development Standards — Commercial, Office, and Industrial Districts
Zoning District Map Symbol
Development Standard NC GC PO RD LI
Maximum floor area ratio 1.0
(1)
1.0
(1)
1.0
(1)
1.0
(1)
1.0
(1)
Setbacks required
Front 15 ft. 10 ft. 15 ft. 20 ft. 10 ft.
Side (each) A minimum of five feet or
one-half the
height of the
building wall
adjacent to the
side property
line (whichever
is greater).
A minimum of five feet or
one-half the
height of the
building wall
adjacent to
the side
property line
(whichever is
greater).
(3)
(7)
A minimum of five feet or
one-half the
height of the
building wall
adjacent to
the side
property line
(whichever is
greater).
10 ft. A minimum of five feet
or one-half
the height
of the
building wall
adjacent to
the side
property
line
(whichever
is greater)
when the
side
property
line abuts a
residentially
zoned
property or
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Zoning District Map Symbol
Development Standard NC GC PO RD LI
5 feet when
the side
property
line does
not abut a
residentially
zoned
property.
(4)
(5)
Street side 15 ft. 10 ft. 15 ft. 10 ft. 10 ft.
Rear 10 ft.
(2)
10 ft.
(2)
(6)
A minimum
of five feet or
one-half the
height of the
building wall
adjacent to
the rear
property line
(whichever is
greater).
10 ft.
(2)
10 ft.
(2)
(6)
Maximum height limit 35 ft. 75 ft. 35 ft. 45 ft. 45 ft.
(1) Properties located within the Pruneyard/Creekside District 3.0 acres and larger shall be allowed to
develop at a maximum F.A.R. of 2.0 as provided for by LU-8.7 of the General Plan. Properties located
within the Winchester Boulevard Master Plan (WBMP) shall have a maximum F.A.R. of 1.5 as
provided for on page 24 of the WBMP.
(2) The Planning Commission may grant a reduction or allow a structure to be placed on the rear
property line and may designate that additional landscaping and setback requirements be provided at
the front of the parcel.
(3) The Planning Commission may allow a side setback of no less than five feet irrespective of building
wall height where a property line abuts a non-residentially zoned property, when it finds that the
reduced setback would enhance the architectural integrity of the building.
(4) The Planning Commission may allow a side setback of less than five feet where a property line abuts a
non-residentially zoned property, when it finds that:
a. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no
taller than 30-feet and limited to one-story; and
b. The proposed building is designed for and would be limited to general industrial use,
including manufacturing, processing, warehousing, storage, assembly, and fabrication.
(5) No side setback shall be required for a proposed building on the side property line where abutting a
non-residentially zoned property when designed for, and limited for use as, an emergency shelter in
accordance with CMC 21.36.085 (Emergency shelters) when the height of the building wall, inclusive
of a parapet, adjacent to any side property line is no taller than 30-feet and limited to one-story.
(6) No rear setback shall be required for a proposed building when designed for, and limited for use as,
an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).
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(7) A side setback of five feet shall be required for a proposed building when designed for, and limited
for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).
21.10.030 P-O (Professional Office) Zoning District.
A. Purpose of P-O (Professional office) Zoning District. The P-O 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-O zoning district is consistent with the
professional office land use designation of the General Plan.
B. Permitted uses in P-O (Professional office) Zoning District. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Offices, professional;
2. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter);
3. Schools—K-12, public;
4. Temporary uses, subject to Chapter 21.45;
5. Tutoring centers, large, subject to Section 21.36.243;
6. Tutoring centers, small, subject to Section 21.36.243;
7. Wireless telecommunications—stealth (requires approval of a site and architectural review permit).
C. Uses allowed with conditional use permit in P-O (Professional Office) zoning district. The following uses are
permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Broadcast and recording studios.
2. Commercial day care centers.
3. Community/cultural/recreational center.
4. Conversion, commercial converted from residence.
5. Government offices and facilities (local, State or federal).
6. Health/fitness centers.
7. Late night activities.
8. Libraries, public.
9. Massage establishments
10. Medical services, clinics.
11. Medical services, laboratories.
12. Membership organization facilities.
13. Parking lots/structures, public.
14. Public assembly uses.
15. Radio or television transmitters.
16. Schools—K-12, private.
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17. The use of any building that was constructed as a residential structure for a commercial or office use.
18. Universities/colleges, private.
19. Wireless telecommunications facilities—non-stealth.
D. Prohibited uses in P-O (Professional Office) zoning district. The following uses are prohibited:
1. Storage of commercial and industrial vehicles, except for the purpose of loading and unloading;
2. The storage or warehousing of merchandise or products in the building or on the premises, unless
otherwise approved;
3. The outdoor storage of merchandise or products;
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as
are customarily incidental or essential to permitted retail commercial and service uses;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors
of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise,
odor, smoke, steam, vibrations, or similar disturbances;
6. Payday lender;
7. Any use inconsistent with state or federal law.
E. General development standards for uses in P-O (Professional Office) zoning district. New land uses and
structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in
compliance with the requirements in Table 2-8 (General Development Standards - P-O Zoning District), in
addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3
(Development and Operational Standards).
Table 2-8
General Development Standards - P-O Zoning District
Development Feature P-O
Maximum floor area ratio 0.40
The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required
Front 15 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 15 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the rear property line (whichever is greater).
Maximum height limit 35 ft.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
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F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the commercial design guidelines that have been adopted by the city.
(Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2126, § 1, 12-1-2009; Ord. No. 2196, § 2, 2-2-2016; Ord. No. 2240, §§ 4, 5, 3-19-2019; Ord. No. 2270 , § 5,
3-16-2021)
21.10.040 C-1 (Neighborhood Commercial) zoning district.
A. Purpose of C-1 (Neighborhood Commercial) zoning district. The C-1 zoning district is intended to provide for
retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable
and attractive commercial development which will be compatible with neighboring residential uses. This
zoning district is designed to encourage the location of commercial uses at major intersections within
residential areas. These areas should be designed to accommodate the auto in a manner that is also friendly
to and harmonious with pedestrian and bicycle traffic. The architecture of the structures should be
compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies, and restaurants
are prime examples of neighborhood commercial uses. The C-1 zoning district is consistent with the
neighborhood commercial land use designation of the General Plan.
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;
5. Dry cleaning;
6. Grocery stores (under ten thousand square feet);
7. Hardware stores (under ten thousand square feet);
8. Laundromats, self-service;
9. Libraries, public;
10. Light rail passenger terminals;
11. Meat markets;
12. Offices, professional;
13. Outdoor seating, when twelve total seats or less;
14. Parking lots/structures, public;
15. Personal services, general;
16. Pharmacies/drug stores;
17. Photocopying;
18. Photography studio/supply shop;
19. Repair and maintenance, consumer products;
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20. Restaurants or cafes (excluding fast food or drive-ins);
21. Retail stores, general merchandise;
22. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
23. Schools K—12, public;
24. Shopping centers (under ten thousand square feet);
25. Temporary uses, subject to Chapter 21.45;
26. Travel agencies;
27. Universities/colleges, public;
28. Vending machines;
29. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review
permit).
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;
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22. Liquor establishments;
23. Liquor stores;
24. Medical services, clinics;
25. Medical services, extended care;
26. Motel;
27. Museums, public;
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.
D. Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The following uses are prohibited:
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1. Storage of industrial vehicles, except for the purpose of loading and unloading;
2. The storage or warehousing of merchandise or products in the building or on the premises for sale
other than at retail on the premises;
3. The outdoor storage of merchandise or products, unless otherwise approved;
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as
are customarily incidental or essential to permitted retail commercial and service uses;
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors
of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise,
odor, smoke, steam, vibrations, or similar disturbances;
6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.);
7. Payday lender;
8. Any use inconsistent with state or federal law.
E. General development standards for uses in C-1 (Neighborhood Commercial) zoning district. New land uses
and structures, and alterations to existing uses or structures shall be designed, constructed, and/or
established in compliance with the requirements in Table 2-9 (General Development Standards - C-1 Zoning
District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in
Article 3 (Development and Operational Standards).
Table 2-9 General Development Standards - C-1 Zoning District
Development Feature C-1
Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required
Front 15 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 15 ft.
Rear 10 ft. The planning commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum height limit 35 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the commercial design guidelines that have been adopted by the city.
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2107 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
Created: 2022-12-01 08:35:59 [EST]
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Page 17 of 41
(Ord. No. 2126, § 1, 12-1-2009; Ord. No. 2135, § 1, 9-7-2010; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2196, §
3, 2-2-2016; Ord. No. 2199, § 5, 4-5-2016; Ord. No. 2222, §§ 1, 2, 5-16-2017, eff. 6-15-2017; Ord. No. 2270 , § 6, 3-
16-2021)
21.10.050 C-2 (General Commercial) zoning district.
A. Purpose of C-2 (General Commercial) zoning district. The C-2 zoning district is intended to provide a wide
range of retail sales and business and personal services primarily oriented to the automobile customer and
accessible to transit corridors, to provide for general commercial needs of the city, and to promote a stable
and attractive commercial development which will afford a pleasant shopping environment. The building
forms should typically frame the street, with parking lots located either behind or under the structures they
are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this
zoning district. The C-2 zoning district is consistent with the general commercial land use designation of the
General Plan.
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);
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);
11. Garden centers/plant nurseries;
12. Grocery stores (under ten thousand square feet);
13. Handicraft industries, small scale assembly;
14. Hardware stores (under ten thousand square feet);
15. Hotels;
16. Laundromats, self-service;
17. Libraries, public;
18. Light rail passenger terminals;
19. Medical services, laboratories;
20. Motels;
21. Offices, professional;
22. Outdoor seating, when twelve total seats or less;
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23. Parking lots/structures, public;
24. Personal services, general;
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;
33. Shopping centers (under ten thousand square feet);
34. Temporary uses, subject to Chapter 21.45;
35. Travel agencies;
36. Universities/colleges, public;
37. Vending machines;
38. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review
permit).
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;
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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;
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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.
D. Prohibited uses in C-2 (General Commercial) zoning district. The following uses are prohibited:
1. Storage of industrial vehicles, except for the purpose of loading and unloading.
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2. The storage or warehousing of merchandise or products in the building or on the premises for sale
other than at retail on the premises.
3. The outdoor storage of merchandise or products, unless otherwise approved.
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as
are customarily incidental or essential to permitted retail commercial and service uses.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors
of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise,
odor, smoke, steam, vibrations, or similar disturbances.
6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.).
7. Any use inconsistent with state or federal law.
E. General development standards for uses in C-2 (General Commercial) zoning district. New land uses and
structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in
compliance with the requirements in Table 2-10 (General Development Standards - C-2 Zoning District), in
addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3
(Development and Operational Standards).
Table 2-10
General Development Standards - C-2 Zoning District
Development Feature C-2
Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required
Front 10 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
The Planning Commission may allow a side setback of no less than five
feet irrespective of building wall height where a property line abuts a
non-residentially zoned property, when it finds that the reduced
setback would enhance the architectural integrity of the building.
Street Side 10 ft.
Rear 10 ft. The planning commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum height limit 75 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the commercial design guidelines that have been adopted by the city.
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Page 22 of 41
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2107 § 1(part), 2008; Ord. 2043 § 1(part), 2004; Ord.
No. 2126, § 1, 12-1-2009; Ord. No. 2135, § 1, 9-7-2010; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2196, § 4, 2-
2-2016; Ord. No. 2199, §§ 6, 7, 4-5-2016; Ord. No. 2209, § 2, 10-18-2016; Ord. No. 2222, §§ 3, 4, 5-16-2017, eff. 6-
15-2017; Ord. No. 2240, § 6, 3-19-2019; Ord. No. 2270 , § 7, 3-16-2021; Ord. No. 2281 , § 5, 6-7-2022)
21.10.060 C-3 (Central Business District) zoning district.
A. Purpose of C-3 (Central Business District) zoning district. The C-3 zoning district is applied to the heart of the
city including and surrounding parts of Campbell Avenue in downtown Campbell, and by reference to the
Winchester Boulevard and East Campbell Avenue Master Plan areas and Sub-Area 1 (Railway Avenue) of the
South of Campbell Avenue (SOCA) Plan. The building forms in this zoning district edge the street and include
retail commercial uses (e.g., entertainment, shopping, and services) on the ground floor, with either office or
residential uses on the upper floors. Residential uses may be allowed where compatible with the general mix
of downtown uses. The C-3 zoning district is consistent with the central commercial land use designation of
the General Plan. The C-3 zoning district is specifically created to promote the following objectives in the
central business area of Campbell:
1. To retain and enhance the Downtown area as a unique and economically viable retail and business
center serving local and area wide commercial needs;
2. To reinforce Campbell Avenue as a pedestrian-orientated retail street;
3. To promote ground floor retail use, upper floor commercial and residential uses where appropriate
and a suitable mix of uses in the Downtown area;
4. To establish development intensities consistent with the scale of the central business area and the
amount of parking which can be accommodated within and adjacent to it;
5. To maintain the pedestrian scale, character, and diversity of a small town business district;
6. To maintain adequate parking and to encourage the joint utilization of parking;
7. To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent areas;
8. To preserve and enhance significant historic structures within the Downtown area; and
9. To ensure that new construction in the Downtown area is of a high architectural design quality while
accommodating suitable architectural diversity.
B. Land uses in the C-3 (Central Business District) zoning district. The permissibility of land uses, whether on the
ground floor, an upper floor, or on all floors, as applicable, shall be as specified by Table 2-11 (Land Use Table —C-3 Zoning District). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning
clearance in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (C) are conditional and
may be allowed subject to approval of a conditional use permit in compliance with Chapter 21.46
(Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and shall not
be allowed. Operational requirements for outdoor merchandise display, outdoor seating, alcohol sales for
on-site consumption, and live entertainment are provided further in this chapter.
Table 2-11
Land Use Table — CDB-MUC-3 Zoning District
LAND USES GROUND
FLOOR
UPPER FLOORS
Apartments1 P P
Automated teller machines P X
Banks and financial services C P
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Banquet facilities X C
Bed and breakfast inn2 C C
Cat and dog day care facilities P C
Cat and dog grooming facilities P C
Dancing and/or live entertainment establishments3 C C
Hotels C C
Incompatible activities4 X X
Late night activities C C
Liquor establishments5 C6 C
Liquor stores7 C X
Medical services, clinics X C
Offices, professional C P
Outdoor retail sales and activities C X
Pedestrian-oriented activities8 P P
Temporary uses, subject to Chapter 21.45 P P
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter
21.34 (Wireless Communications
Facilities)
Notes:
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking
facilities, a leasing office and lobby. Residential units and recreation spaces shall be restricted to
upper floors.
(2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33
(Historic Preservation)
(3) Except as specified by Section 21.10.060.F (Standards for live entertainment in the C-3 zoning
district), which allows certain pedestrian-oriented activities to incorporate live entertainment
without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2-11A (Land Use Table) or
that incorporates one or more of the following characteristics, as determined by the community
development director in compliance with Section 21.02.020.F (Allowable uses of land).
• Services offered by a "body art" practitioner as governed by California Health and Safety Code
sections 119300—119324 (i.e., tattoo parlors and similar uses);
• Services offered by a deferred deposit transaction "licensee" as governed by California
Financial Code sections 23000—23106 (i.e., payday lenders and similar uses);
• Services offered by a "check casher" as governed by California Civil Code sections 1789.30—
1789.38 (i.e., check cashing and similar uses);
• Services offered by a "pawnbroker" as governed by California Financial Code sections 21000—
21307 (i.e., pawnshops and similar uses);
• Services offered by a "secondhand dealer" or "coin dealer" as governed by California Business
and Professions Code sections 21500—21672 (i.e., secondhand/thrift stores, consignment
shops, gold buying, and similar uses);
• Services offered by a practitioner of hypnotism requiring a permit pursuant to Chapter 5.08;
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• Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter
5.55;
• Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on-site retail sales;
• Outdoor storage of merchandise or products;
• Assembly, compounding, manufacturing or industrial processing of merchandise or products;
• Breeding, harboring, raising, or training of animals;
• Repair, maintenance, or sale of motor vehicles;
• Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or
drive-in service);
• Smoking or vaping of tobacco products (as defined by Chapter 6.11);
• Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38
and 8.40); or
• Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance which is obnoxious or offensive or creates a nuisance.
(5) Liquor establishments are subject to the findings provided in Section 21.46.070 (Special findings
for liquor establishments).
(6) Except as specified by Section 21.10.060.E (Standards for alcohol sales for on-site consumption in
the CDB-MUC-3 zoning district), which allows certain pedestrian-oriented activities to
incorporate an ancillary liquor establishment without a conditional use permit.
(7) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor Stores).
(8) "Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate
all of the following characteristics as determined by the community development director in
compliance with Section 21.02.020.F (Allowable uses of land). This definition specifically includes
retail stores, grocery stores, personal services, spa services/health spa (excluding massage
establishments), restaurants, indoor amusement centers, and studios as defined by Chapter
21.72 (Definitions).
• Provides or offers food, beverages, retail goods, services, instruction, and/or entertainment to
the general public;
• Is open to the general public on a regular basis;
• Is conducted within the interior of a building, except for outdoor displays and outdoor dining
areas as allowed by this Chapter;
• Maintains a transparent storefront open to the interior of the business and/or onto a
merchandise display (when on the ground floor); and
• Is not otherwise classified as an incompatible activity as defined by this Chapter.
C. Land uses in the Area/Master Plan areas: The permissibility of land uses in the Winchester Boulevard and
East Campbell Avenue Master Plan areas and Sub-Area 1 (Railway Avenue) of the South of Campbell Avenue
(SOCA) Plan shall be as specified by Table 2-11a (Land Use Table ? Master Plan Areas). Land uses listed as (A)
are allowable subject to approval of an administrative planned development permit in compliance with
Section 21.12.030.H.1 (Administrative planned development permit required). Land uses listed as (C) are
conditional and may be allowed subject to approval of a conditional use permit in compliance with Chapter
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21.46 (Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and
shall not be allowed. The boundaries of the Winchester Boulevard and East Campbell Avenue Master Plans
and the SOCA Plan are shown on the City of Campbell Zoning Map, available at the community development
department.
Table 2-11a
Land Use Table — Master Plan Areas
LAND USES
Apartments A
Arcades A
Banks and financial services A
Convenience markets/stores A
Dancing and/or live entertainment establishments A
Government offices and facilities A
Grocery stores A
Incompatible activities1 X
Late night activities2 A
Liquor establishments A + C3
Liquor stores A + C4
Medical services, clinics A
Nightclubs A + C5
Offices, professional A
Outdoor merchandise display A
Outdoor seating A
Parking lots/structures, public A
Personal services A
Public assembly uses A
Restaurants or cafes A
Restaurants, fast food A
Restaurants, standard A
Retail stores, general merchandise A
Secondhand/thrift stores A
Spa Services/Health Spa A
Studios, small and large A
Temporary uses, subject to Chapter 21.45 A
Theaters, movie or performing arts, and concert halls A
Tutoring centers (small and large) A
Wireless Communication Facilities May be allowed in compliance with Campbell Municipal Code Chapter
21.34 (Wireless Communications
Facilities)
Notes:
(1) See Table 2-11, Note #4 for the definition of "Incompatible activities," excepting "secondhand
dealers" and "coin dealers" as to allow "Secondhand/thrift stores".
(2) Late night uses in the P-D (Planned Development) zoning district are subject to the findings
provided in Section 21.12.030.H.7 (Additional Approval Criteria for Late Night Activities).
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(3) In addition to an administrative planned development permit, liquor establishments also require
a conditional use permit pursuant to Section 21.12.030.H.1.a and are subject to the findings
provided in Section 21.46.070 (Special findings for liquor establishments).
(4) In addition to an administrative planned development permit, liquor stores also require a
conditional use permit pursuant to Section 21.12.030.H.1.a and are subject to the provisions
provided in Section 21.36.110 (Liquor Stores).
(5) In addition to an administrative planned development permit, a nightclub with a liquor
establishment also requires a conditional use permit pursuant to Section 21.12.030.H.1.a and are
subject to the findings provided in Section 21.46.070 (Special findings for liquor establishments).
D. General development standards. New land uses and structures, and alterations to existing uses or structures
shall be designed, constructed, and/or established in compliance with the requirements in Table 2-11b
(General Development Standards — C-3 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Table 2-11b
General Development Standards — C-3 Zoning District
Development Feature C-3
Maximum floor area ratio Up to 1.25 The planning commission or City Council may approve an F.A.R. of up to
1.5 if it makes all of the following findings:
a. The scale and intensity of the development does not create adverse traffic and
parking impacts on the Downtown.
b. The design, scale, and context of the project are consistent with the goals and
objectives established in the Downtown Development Plan.
Maximum allowable
density
up to 27 d.u./gross acre
Setbacks Required
Front >None, except as may be required by a Site and Architectural Review Permit or the
California Building Code. Side (each)
Street side
Rear
Maximum Height Limit 45 ft.
Fences, Walls, Lattice and
Screens
See Section 21.18.060 (Fences, Walls, Lattice and Screens)
E. Standards for alcohol sales for on-site consumption in the C-3 Zoning District. Beer and wine sales for on-site
consumption, when clearly ancillary to a pedestrian-oriented activity, is permitted without a conditional use
permit, subject to the following restrictions:
1. Permitted only for a pedestrian-oriented activity operating as a "bona fide public eating place" as
defined by Section 23038 of the California Business and Professions Code (i.e., restaurant or café).
2. The business must be located on a ground floor tenant space.
3. The business shall not incorporate a separate bar area, defined as a separate area, tables, or a room
intended primarily for serving alcoholic beverages.
4. The business owner shall obtain and maintain in good standing a Type 41 (On-Sale Beer and Wine for
Bona Fide Public Eating Place) licensed issued by the Department of Alcoholic Beverage Control.
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F. Standards for live entertainment in the C-3 zoning district. Live entertainment, when clearly ancillary to a
pedestrian-oriented activity, is permitted without a conditional use permit subject to the following
restrictions:
1. Permitted only for pedestrian-oriented activities that are not already subject to a conditional use
permit;
2. Maximum of four performers;
3. Hours of nine a.m. to eleven p.m.;
4. Alcoholic beverage service shall be restricted to a Type 41 (On-Sale Beer and Wine for Bona Fide Public
Eating Place) license issued by the Department of Alcoholic Beverage Control, and at no time shall off-
site sales be allowed. Full food service shall be available during entertainment;
5. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from
the businesses tenant space. However, in no case may noise from the live entertainment disrupt
neighboring businesses;
6. No cover charge may be imposed;
7. Areas for dancing and festival seating are not allowed;
8. If the police department or community development department find that a business is in
noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until
a live entertainment permit is issued by the City Council subject to the requirements set forth by
Section 5.24.010(a) et seq. (Live entertainment) of this Zoning Code;
G. Standards and permit requirements for outdoor seating and merchandise display within the public right-of-
way for a pedestrian-oriented activity. The following standards govern the provision of outdoor
seating/dining areas and the outdoor display of merchandise within the public right-of-way (sidewalk) in the
C-3 zoning district. These standards are minimum standards and additional requirements may be added
through the discretionary review process.
1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval of an
outdoor seating and display permit by the community development director. Approval is subject to the
standards provided below and any other conditions as may be deemed necessary by the community
development director in order to protect the health, safety, and welfare of the city.
2. Application. Application for an outdoor seating and display permit shall be filed with the community
development department. The application shall be accompanied by a plan set, drawn to scale,
depicting sidewalk dimensions, the location of seating, tables, umbrellas, and merchandise displays
together with other information and exhibits as required by the community development director.
3. General standards.
a. A four-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk. This
walkway shall provide for pedestrian access to doorways, crosswalks, and along the public
sidewalk. No part of the walkway shall be within two feet of the building face or within one foot
of the face of curb, and the walkway shall not cross the path of outward-opening doors or
windows.
b. All tables, seats, and displays shall be placed inside at the end of each business day.
c. Material placed on the sidewalk shall be secured so as not to be moved by the wind. However,
tables, seats, or displays may not be bolted into the ground or secured to the streetlights, trees,
or other street furniture.
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d. The permit holder is responsible for picking up all litter associated with the outdoor seating or
display and shall maintain the area in a clean condition at all times.
4. Outdoor seating.
a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set forth
in the approved application and accompanying plans.
b. Tables, seating, or displays shall not be placed within the area of any disabled ramps, driveways,
or doorways.
c. Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the face
of curb.
d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical
clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the
table, and shall not extend past the curb.
e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be
attractive, made of durable materials, and be maintained in good repair and in a manner to
enhance the downtown area.
5. Outdoor Displays.
a. Outdoor merchandise displays shall be placed against the building face abutting the permit
holder's tenant space and shall be limited to fifty percent of the business frontage.
b. Tenants on corner lots are permitted displays along one frontage only.
c. Merchandise shall be attractively displayed on appropriate racks or other similar stands. Displays
using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted.
Merchandise too large to be placed on a display may be freestanding.
d. Displayed merchandise shall be the same type of merchandise sold in the existing business at the
site.
e. Displays, including the merchandise placed on them, may not be more than four feet high. The
community development director may approve displays greater than four feet if it can be found
that the display will not block the visibility of windows of that business.
f. One sign, not to exceed one square foot, per display is permitted for pricing.
6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the city, its agents,
officers, attorneys, employees, and officials harmless from any and all claims, causes of action, injuries,
or damages arising out of any negligent acts on part of the permit holder, its agents, officers,
employees, or anyone rendering services on their behalf. This indemnity shall include all reasonable
costs and attorney's fees incurred in defending any action covered by this provision.
a. The permit holder, during the continuance of this permit and at no cost to the city, shall maintain
a comprehensive liability policy in the amount of one million dollars and if applicable a worker's
compensation liability policy each with a minimum coverage of one hundred thousand dollars.
b. The policy shall include the city as additional insured and shall apply as primary insurance and
shall stipulate that no other insurance effected by the city will be called on to contribute to a loss.
c. Before the issuance of a permit, the permit holder shall furnish to the city a certificate of
insurance, duly authenticated, evidencing maintenance of the insurance required under this
permit.
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d. If the insurance policy is canceled, terminated, suspended, or materially changed, the outdoor
seating and display permit shall be suspended until the time that compliance with the
requirements of this subparagraph has been fully satisfied.
H. Standards for parking in the C-3 (Central Business District) zoning district. In addition to other applicable
parking requirements in Chapter 21.28 (Parking and Loading), the following requirements shall apply in the
C-3 (Central Business District) Zoning District:
1. Required parking facilities. Required parking facilities for new buildings shall be provided, based on the
gross square footage of the building(s), as specified by Table 2-11c, (Parking Requirements by Land
Use), except where a parking modification permit has been granted by the City Council in compliance
with Section 21.28.050, (Parking modification permit).
2. Parking requirement computation. In computing the total parking requirement, credit shall be allowed
for existing on-site parking or for existing shared off-site parking if an agreement, acceptable to the
city, which provides for the use and maintenance of shared parking is in effect.
3. Change in use. Legally existing buildings shall be required to meet the current parking standards upon
expansion of the building or when there is a change in use which requires more parking than is
currently provided, except for pedestrian-oriented activities that are not required to provide additional
parking unless the building is expanded in compliance with Section 21.28.040.D.2,
(Expansion/remodeling of structure, or change in use).
4. Uses not listed. Land uses not specifically listed by Table 2-11c shall provide parking as required by the
community development director. The community development director shall use the requirements of
Table 2-11c as a guide in determining the minimum number of parking spaces to be provided, based on
the similarity of the unlisted use to the uses listed in the table.
Table 2-11c
Parking Requirements by Land Use
Office 1:425 sq. ft. gross floor area
Pedestrian-oriented activities 1:345 sq. ft. gross floor area
Banks 1:350 sq. ft. gross floor area
Residential 2 spaces per unit
I. Development review regulations for projects in the C-3 (Central Business District) zoning district.
1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are
architecturally exemplary of the variety of historic periods in which they were constructed. These
design standards are intended to both promote the conservation and rehabilitation of buildings and to
encourage new building and remodeling which is simultaneously in keeping with existing buildings and
architecturally exemplary of contemporary design. In this way the architectural history and richness of
downtown will be continued and expanded.
Each new building and remodeling project in the downtown shall adhere both in its large- and small-scale parts to the architectural parts or style adopted for the project. Architectural design shall be of
high quality, measured against contemporary standards.
2. Intent. The guidelines below govern building mass; building form and composition; storefronts;
materials, colors and finishes; and other elements. They are intended to encourage the relation of
specific project aspects to the designated architectural parts or style.
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3. Site and Architectural Review required. Buildings and structures in the C-3 (Central Business District)
zoning district shall conform to the design standards in paragraphs 4—8 below and are subject to
approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review):
4. Building mass.
a. Large building facades shall be divided into smaller elements to complement the intimate scale
created by the existing small property divisions.
b. Second floor decks or terraces at the rear of buildings for use by adjacent offices or restaurants
should be incorporated whenever practical to add a sense of vitality to the rear building facades.
c. Roof design shall be consistent with the building's architectural style. Mansard, shed, or
residential type roofs are prohibited unless it is demonstrated that such a roof style is structurally
or architecturally suitable for the particular project or location.
d. The existing residential building types of historical significance should retain their character,
including features such as landscaped setbacks.
5. Building form and composition.
a. Unique and historic building elements such as parapet details and belt courses shall be retained
and restored.
b. Traditional commercial building forms should be incorporated whenever practical.
c. Open air dining areas facing Campbell Avenue should be employed to the greatest extent
practical. The buildings should not be set back from the street, but should contain the dining
areas within their architectural framework.
d. Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular
windows, augmented with frames. Glass curtain walls should not be approved unless it is
demonstrated that such walls are the only structurally or architecturally suitable form of wall for
the particular project or location.
e. Architecturally exemplary design of high quality shall be employed. Buildings should not be made
to look "old time" unless such design would be clearly more appropriate and harmonious with
the purpose of this chapter.
f. Buildings shall incorporate base, cornice, and other elements appropriate to their architectural
style.
6. Storefronts.
a. First floor frontages shall have an integrated design including display windows, an entry, and
signing.
b. The design of the building storefront shall be consistent with the building's architectural style.
c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration,
displays, signing, or landscaping, unless the effect of such elements would be clearly contrary to
the purposes of this chapter. Large areas of blank walls should not be permitted unless it is
demonstrated that such blank areas are clearly more appropriate and harmonious than would be
the case if elements of visual interest were incorporated.
d. Buildings facing Campbell Avenue shall have their primary entries along that street.
e. Entries should be recessed, as they add depth to storefront, and act as transition areas between
the street and shop interiors, unless the effects of such entries would be clearly contrary to the
purposes of this paragraph.
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f. Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or
windows of heavily tinted or reflective glass should not be approved unless it is demonstrated
that such doors and windows are the only structurally or architecturally suitable form for the
particular project or location.
g. Storefront windows shall reflect the building's character. For instance, on 1940's and 50's
"showcase" buildings, exposed aluminum frame windows are appropriate.
h. Ground floor offices facing Campbell Avenue are required to maintain the same storefront
character as retail spaces.
i. Awnings on building facades should be employed when appropriate, as they add color, weather
protection, and opportunities for signing. As in other architectural elements, the awnings should
be designed to reflect the building's geometry.
7. Materials, colors, and finishes.
a. Primary facade materials shall be limited to those that are characteristic of the building's
architectural style.
b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt
to look antiqued or used.
c. Primary building colors shall be characteristic of the building's architectural style. Overly bright,
garish, or otherwise offensive colors or color combinations are prohibited.
d. Accent materials such as tile bases shall be carefully chosen to complement the building style and
coordinate with adjacent buildings. The use of shingles, lava rock, sheet metal siding, or any
other residential or industrial materials should not be approved unless it is demonstrated that
such material would be the only structurally or architecturally suitable materials for the project
or location.
e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the
buildings.
f. A coordinated color scheme that responds to the style of the structure shall be developed for
each building. The colors of signing, awnings, planters, accent materials, and primary facade
colors should all be considered. The number of colors should be limited.
8. Other elements.
a. Trash collection and storage areas shall be carefully screened.
b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the
storefront areas.
c. Colorfully landscaped planters are allowed. These are especially appropriate below second floor
windows.
d. All building maintenance shall be done conscientiously.
J. Sign regulations for C-3 (Central Business District) zoning district. The following provisions shall apply to the
C-3 (Central Business District) zoning district only and shall supersede those listed by Section 21.30.080
(Permanent signs) :
1. Intent. The intent of these regulations is to stimulate creative, good quality signing which will
complement the intimate scale and architectural character of the area, and which will complement the
architectural style of the building to which the signing is fixed.
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2. Allowable signs. Each business shall be allowed one square foot of sign area for each one linear foot of
business frontage. A minimum of twenty square feet is allowed and a maximum of forty square feet is
allowed for each business.
3. Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal, painted
fabric, and similar materials. Plastic signs shall not be approved.
4. Wall signs. Each business may have one wall sign, except corner businesses, which may have two. This
sign shall be located below the top of parapet on single story buildings and below the second floor sill
on multistoried buildings. It may be painted directly on a wall, a sign panel attached to a parapet wall,
or of individually formed letters attached to a wall.
5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk screened
or appliquéd onto the awning. Awnings may project five feet into the public right-of-way on Campbell
Avenue and shall maintain a minimum clearance of eight feet from the ground. All other streets shall
be limited to a two-foot projection and have a minimum clearance of eight feet. Awnings shall be
securely attached to buildings and well maintained. No supports or poles may be located in the public
right-of-way. Awning forms shall be carefully chosen to complement the architectural style of the
building to which they are fixed.
Figure 2-1
Awning
6. Projecting signs.
a. In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-sided
projecting sign. The projecting sign may be a maximum of six square feet and may serve to
identify more than one tenant in the building.
b. Signs may project a maximum of four feet over the public right-of-way with a minimum eight-
foot clearance from the ground. Signs shall not project above any roofline or facade of the
building.
c. Projecting signs shaped as symbols depicting the goods or services being sold by the business are
encouraged.
d. Wood signs, that are carved, painted, stained, or feature raised letters and symbols are
specifically encouraged.
e. Sign colors should relate to material or paint scheme of the building. Fluorescent colors are not
allowed.
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f. Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon
signs, or flashing signs.
g. Projecting signs shall be mounted perpendicular to the street and may be hung from coverings
over sidewalks or affixed to the building wall.
(1) Signs shall be structurally attached to the building with wood, metal brackets, chain, or
other similar materials in a manner compatible with the architectural style of the building.
(2) Fabric signs shall be anchored to the building from both the top and bottom of the sign.
Figure 2-2
Projecting Sign
7. Lighting. Only external illumination of signs is allowed except for backlit individual letter signs.
K. Nonconforming uses and structures in the C-3 (Central Business District) zoning district. Nonconforming uses
and structures shall be governed by the standards set forth in Chapter 21.58 (Nonconforming Uses and
Structures), except that whenever a nonconforming use has been abandoned or discontinued for a
continuous period of six months, the nonconforming use shall not be reestablished; and the use of the
structure and the site shall comply with the regulations for the C-3 zoning district. Notwithstanding the
foregoing provision, an existing use with a conditional use permit that was issued before September 1, 2020
shall be considered a conforming use for purposes of this section.
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2126, § 1, 12-1-2009; Ord. No. 2135, § 1, 9-7-2010; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2196, §
5, 2-2-2016; Ord. No. 2199, § 8, 4-5-2016; Ord. No. 2266 , § 3, 9-1-2020; Ord. No. 2270 , §§ 8, 9, 3-16-2021)
21.10.070 C-M (Controlled Manufacturing) zoning district.
A. Purpose of C-M (Controlled Manufacturing) zoning district. The C-M zoning district is intended to provide a
stable environment conducive to the development and protection of specialized manufacturing, packaging,
printing, publishing, testing, and research and development with associated administrative office facilities
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often providing a campus-like environment as a corporate headquarters. These facilities are operated and
maintained in a clean and quiet manner and continually meet the standards identified in this chapter and in
this Zoning Code. The C-M Zoning District is consistent with the research and development land use
designation of the General Plan.
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;
7. Food and beverage product manufacturing;
8. Furniture/cabinet shops;
9. Glass products manufacturing;
10. Handicraft industries, small-scale assembly;
11. Laundries/dry cleaning plants;
12. Light rail passenger terminals;
13. Machinery manufacturing;
14. Metal products fabrication;
15. Offices, professional;
16. Paper products manufacturing;
17. Pharmaceutical manufacturing;
18. Plastics and rubber products;
19. Printing and publishing;
20. Research and development;
21. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter);
22. Sign manufacturing;
23. Temporary uses, subject to Chapter 21.45;
24. Textile products manufacturing;
25. Warehousing, wholesaling and distribution facility, incidental (less than fifty percent of floor area);
26. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review
permit).
C. Uses allowed with conditional use permit in C-M (Controlled Manufacturing) zoning district. The following
uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use
Permits):
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1. Ancillary retail uses serving industrial uses;
2. Broadcast and recording studios;
3. Caretaker/employee housing;
4. Emergency shelters;
5. Government offices and facilities (local, state or federal);
6. Health/fitness centers;
7. Late night activities;
8. Medical services, clinics;
9. Medical services, extended care;
10. Medical services, laboratories;
11. Parking lots/structures, public;
12. Public utility service yards;
13. Public utility structures and service facilities;
14. Public works maintenance facilities and storage yards;
15. Radio or television transmitters;
16. Radio stations;
17. Restaurants or cafes (excluding fast food or drive-ins);
18. Studios, large;
19. Studios, small;
20. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in C-M (Controlled Manufacturing) zoning district. The following uses are prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the emission of
dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances;
2. The use of any building that was constructed as a residential structure. Such building is considered
nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses and Structures);
3. The storage of raw, in process, or finished material and supplies, and of waste materials outside of an
enclosed building;
4. All incineration;
5. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.);
6. Payday lender;
7. Any use inconsistent with state or federal law.
E. General development standards for uses in C-M (Controlled Manufacturing) zoning district. New land uses
and structures, and alterations to existing uses or structures shall be designed, constructed, and/or
established in compliance with the requirements in Table 2-12 (General Development Standards - C-M
Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading,
etc.) in Article 3 (Development and Operational Standards).
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Table 2-12
General Development Standards - C-M Zoning District
Development Feature C-M
Minimum parcel size The minimum lot area shall be indicated by the number following the
C-M designation on the zoning map. Such number represents the
required net lot area in thousands of square feet. Provided that where
a lot has an area less than that required by the district and was legally
recorded as a separate parcel at the time this chapter became
effective, such lot may be used in accord with the provisions of this
chapter.
Maximum floor area ratio 0.40
The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required
Front 20 ft.
Side (each) 10 ft.
Street side 10 ft.
Rear 10 ft.
The planning commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum height limit 45 ft.
Accessory structures See Section 21.36.020 (Accessory structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, walls, lattice and screens)
Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning
districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the commercial design guidelines that have been adopted by the city.
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2126, § 1, 12-1-2009; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2196, § 6, 2-2-2016; Ord. No. 2199, §
9, 4-5-2016; Ord. No. 2222, § 5, 5-16-2017, eff. 6-15-2017; Ord. No. 2270 , § 10, 3-16-2021)
21.10.080 M-1 (Light Industrial) zoning district.
A. Purpose of M-1 (Light Industrial) zoning district. The M-1 zoning district is designed to encourage sound
industrial development (e.g., light manufacturing, industrial processing, storage and distribution,
warehousing), in addition to service commercial uses (e.g., motor vehicle repair facilities) in the city by
providing and protecting an environment exclusively for this type of development, subject to regulations
identified in this Zoning Code which are necessary to ensure the protection of nearby residential uses from
hazards, noises, or other related disturbances. Industries producing substantial amounts of hazardous waste,
odor, or other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or
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office supply) would generally be allowed as ancillary uses, subject to appropriate development and design
standards and guidelines. The M-1 zoning district is consistent with the light industrial land use designation
of the General Plan.
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;
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.
11. Glass products manufacturing.
12. Handicraft industries, small-scale assembly.
13. Laboratories.
14. Laundries/dry cleaning plants.
15. Light rail lines.
16. Light rail passenger terminals.
17. Lumber and wood products, including incidental mill work.
18. Machinery manufacturing.
19. Metal products fabrication.
20. Offices, professional.
21. Paper products manufacturing.
22. Pharmaceutical manufacturing.
23. Plastics and rubber products.
24. Printing and publishing.
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 three feet in diameter).
29. Sign manufacturing.
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30. Sign shops.
31. Temporary uses, subject to Chapter 21.45.
32. Textile products manufacturing.
33. Trucking/freight terminals.
34. Warehousing, wholesaling and distribution facility, incidental.
35. Warehousing, wholesaling and distribution facility, primary.
36. Wireless telecommunications facilities—stealth (requires approval of a site and architectural review
Permit).
37. Sexually oriented business in compliance with Chapter 5.55 and section 21.35.205 of this Code.
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
twenty-five percent 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.
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(B)(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.
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(Supp. No. 37)
Page 39 of 41
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.
32. 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.
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.
D. Prohibited uses in M-1 (Light Industrial) zoning district. The following uses are prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the emission of
dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances;
2. The use of any building that was constructed as a residential structure. Such building is considered
nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses and Structures);
3. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.);
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 40 of 41
4. Payday lender;
5. Any use inconsistent with state or federal law.
E. General development standards for uses in M-1 (Light Industrial) zoning district. New land uses and
structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in
compliance with the requirements in Table 2-13 (General Development Standards - M-1 Zoning District), in
addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3
(Development and Operational Standards).
Table 2-13 General Development Standards - M-1 Zoning District
Development Feature M-1
Minimum parcel size 6,000 square feet
Maximum floor area ratio 0.40
The planning commission shall have the authority to increase the F.A.R.
for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required
Front 10 ft.
Side (each) 5 feet or one-half the height of the building wall adjacent to the side
property line (whichever is greater) when the side property line abuts a
residentially zoned property or 5 feet when the side property line does
not abut a residentially zoned property.
The Planning Commission may allow a side setback of less than five feet
where a property line abuts a non-residentially zoned property, when it
finds that:
1. The height of the building wall, inclusive of a parapet, adjacent to the
side property line is no taller than 30-feet and limited to one-story; and
2. The proposed building is designed for and would be limited to general
industrial use, including manufacturing, processing, warehousing,
storage, assembly, and fabrication.
Street side 10 ft.
Rear 10 ft.
The planning commission may grant a reduction or approve a structure to
be placed on the rear property line and may designate that additional
landscaping and setback requirements be provided at the front of the
parcel.
Maximum height limit 45 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping requirements for individual zoning
districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
F. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration the industrial design guidelines that have been adopted by the city.
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(Supp. No. 37)
Page 41 of 41
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004; Ord. No. 2127, § 1, 12-1-2009;
Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2174, § 1(Exh. A), 1-21-2014; Ord. No. 2182, § 2(Exh. B), 10-7-2014;
Ord. No. 2196, § 7, 2-2-2016; Ord. No. 2222, §§ 6, 7, 5-16-2017, eff. 6-15-2017; Ord. No. 2270 , § 11, 3-16-2021;
Ord. No. 2281 , § 6, 6-7-2022)
21.10.090 Reserved.
Editor's note(s)—Ord. No. 2127, § 1, adopted December 1, 2009, renumbered former section 21.10.090 as section
21.36.205. See also the Code Comparative Table and Disposition Table.
Title 21 - ZONING
Chapter 21.11 MIXED-USE DISTRICTS
Page 1 of 17
Chapter 21.11 MIXED-USE DISTRICTS
21.11.010 Purpose of chapter—Applicability.
A. Mixed-use zoning districts. This chapter provides regulations applicable to development and new land uses
and alterations to existing land uses in the mixed-use zoning districts established by Section 21.04.020,
(Zoning districts established). The purpose of this chapter is to achieve the following:
1. Provide for a convenient and appropriate distribution of uses which broaden the
economic/employment base of the city, while ensuring compatible integration with residential uses, in
a manner consistent with the general plan;
2. Increase the number and diversity of housing options available in the city;
3. Enhance the visual image of the city through good design and appropriate structure placement. Visual
quality can also be improved through appropriate and complementary structure scale, which means
the relationship of new development to existing structures;
4. Upgrade the existing function and appearance of designated areas;
6. Provide adequate space to meet the needs of the uses served, including off-street parking and loading;
7. Minimize traffic congestion and avoid the overloading of utilities; and
8. Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences.
21.11.020 Mixed-use zoning districts.
The purpose and zoning district map symbols of mixed-use zoning districts are as follows:
A. Central Business Mixed-Use
1. Purpose: The Central Business Mixed-Use zoning district is applied to the heart of the city including and
surrounding parts of Campbell Avenue in downtown Campbell, and by reference to the Winchester
Boulevard and East Campbell Avenue Master Plan areas. The building forms in this zoning district edge
the street and include retail commercial uses (e.g., entertainment, shopping, and services) on the
ground floor, with either office or residential uses on the upper floors. The Central Business Mixed-Use
zoning district is consistent with the central commercial land use designation of the General Plan. The
Central Business Mixed-Use zoning district is specifically created to promote the following objectives in
the central business area of Campbell:
i. To retain and enhance the Downtown area as a unique and economically viable retail and
business center serving local and area wide commercial needs;
ii. To reinforce Campbell Avenue as a pedestrian-orientated retail street;
iii. To promote ground floor retail use, upper floor commercial and residential uses where
appropriate and a suitable mix of uses in the Downtown area;
iv. To establish development intensities consistent with the scale of the central business area and
the amount of parking which can be accommodated within and adjacent to it;
v. To maintain the pedestrian scale, character, and diversity of a small town business district;
vi. To improve pedestrian, visual, and vehicular connections between the Downtown and
adjacent areas;
vii. To preserve and enhance significant historic structures within the Downtown area; and
Page 2 of 17
viii. To ensure that new construction in the Downtown area is of a high architectural design quality
while accommodating suitable architectural diversity.
2. Zoning District Map Symbol: CB-MU
B. General Commercial/Light Industrial
1. Purpose: This designation generally consists of commercial uses as provided for by the General
Commercial (GC) land use designation and industrial uses as provided for by the Light Industrial (LI)
land use designation.
2. Zoning District Map Symbol: GC/LI
C. Professional Office/Low-Medium Density Residential
1. Purpose: This designation generally consists of office uses as provided for by the Professional Office (P-
O) land use designation and/or residential uses as provided for by the Low-Medium Density Residential
(LMDR) land use designation. This designation is intended to serve as a transitional buffer between the
more intense uses located in Downtown, and the surrounding low density residential uses, as well as to
facilitate the adaptive reuse of historic buildings.
2. Zoning District Map Symbol: PO/LMDR
D. General Commercial Mixed-Use
1. Purpose: This designation generally consists of residential land uses as provided for by the Medium-
High Density Residential (MHDR) land use designation and commercial uses as provided for by the
General Commercial (GC) land use designation. Mixed-use residential projects are encouraged within
this designation but not required.
2. Zoning District Map Symbol: GC-MU
E. Neighborhood Commercial Mixed-Use
1. Purpose: This designation generally consists of commercial land uses as provided for by the
Neighborhood Commercial (NC) land use designation and residential uses as provided for by the
Medium Density Residential (MDR) land use designation. Mixed-use residential projects are
encouraged within this designation but not required.
2. Zoning District Map Symbol: NC-MU
F. Medium-High Density Mixed-Use
1. Purpose: This designation generally consists of residential uses as provided for by the Medium-High
Density Residential (MHDR) land use designation and commercial uses as provided for by the General
Commercial (GC) land use designation. Mixed-use residential projects are encouraged within this
designation but not required.
2. Zoning District Map Symbol: MHD-MU
G. High Density Mixed-Use
1. Purpose: This designation generally consists of residential uses as provided for by the High Density
Residential (HDR) land use designation and commercial uses as provided for by the General
Commercial (GC) land use designation. Mixed-use residential projects are encouraged within this
designation but not required.
2. Zoning District Map Symbol: HD-MU
H. Commercial-Corridor Mixed-Use
Page 3 of 17
1. Purpose: This designation generally consists of higher- density residential, and mixed-use development
that are primarily located along Class I and Class II Arterial Roadways, such as Bascom Avenue,
Hamilton Avenue, Winchester Boulevard, and parts of Campbell Avenue. Mixed-use residential projects
are strongly encouraged within this designation but are not required.
2. Zoning District Map Symbol: CC-MU
I. Transit-Oriented Mixed-Use
1. Purpose: This designation generally consists of very high density commercial, residential, and mixed-
use development within walking distance of high-quality transit service such as light rail. Mixed-use
residential projects are strongly encouraged within this designation but are not required.
2. Zoning District Map Symbol: TO-MU
21.11.030 Mixed-Use land uses.
The permissibility of land uses in mixed-use districts shall be as specified by Table 2-8 (Land Use Table –
Mixed-Use Districts) subject to the operational and locational standards contained in Article 3, except for the
Central Business Mixed-Use zoning district which land uses shall be as specified by Section 21.11.060 (Central
Business Mixed-Use Zoning District). Where a land use is specified as allowed subject to the approval of an
Administrative Conditional Use Permit or Conditional Use Permit in any of the zoning districts referenced, approval
of the permit type requiring the highest decision-making body specified shall be required (i.e., Planning
Commission is a higher decision-making body than the Community Development Director), in compliance with
Chapter 21.46 (Conditional use permits). Further, where a land use is specified as permitted in one of the zoning
districts specified and allowed subject to the approval of an Administrative Conditional Use Permit or Conditional
Use Permit in any other zoning district specified, approval of a Conditional Use Permit shall be required in
accordance with the preceding provision requiring approval of the highest decision-making body specified.
Table 2-8
Land Use Table — Mixed-Use Districts
Map Symbol Zoning District Name Allowable Uses (1)(2)
GC/LI General Commercial/Light Industrial As allowed by the General Commercial (GC) and/or
Light Industrial (LI) zoning district.
PO-MU Professional Office Mixed-Use As allowed by the Professional Office (PO) and/or
Low-Medium Density Residential (LMDR) zoning
district.
NC-MU Neighborhood Commercial Mixed-Use As allowed by the Neighborhood Commercial (NC) and/or Medium Density Residential (MDR) zoning
district.
MHD-MU Medium-High Density Mixed-Use As allowed by the General Commercial (GC) and/or
Medium-High Density Residential (MHDR) zoning
district.
CB-MU Central Business Mixed-Use Land uses shall be as specified by Table 2-11 (Land
Use Table – Central Business Mixed-Use Zoning
District)
Page 4 of 17
Map Symbol Zoning District Name Allowable Uses (1)(2)
GC-MU General Commercial Mixed-Use As allowed by the General Commercial (GC) and/or
Medium-High Density Residential (MHDR) zoning district.
HD-MU High Density Mixed-Use As allowed by the General Commercial (GC) and/or
High Density Residential (HDR) zoning district.
CC-MU Commercial-Corridor Mixed-Use As allowed by the General Commercial (GC) and/or
High Density Residential (HDR) zoning district.
TO-MU Transit-Oriented Mixed-Use As allowed by the General Commercial (GC) and/or
High Density Residential (HDR) zoning district.
(1) In the event of a conflict between a land use identified as allowable, conditionally allowable, or
prohibited between the zoning districts specified (i.e., a land use is identified as permitted by one
zoning district, but conditionally allowable by another zoning district specified) the following
procedures shall be followed:
a. Residential Uses: Those uses identified by the residential zoning district specified shall be
permitted, conditionally allowable, or prohibited within the residential component of the
mixed-use project as specified by the land use table of the zoning district specified.
b. Non-Residential Uses: Those uses identified by any non-residential component of the mixed-
use project shall be permitted, conditionally allowable, or prohibited within any non-
residential component of the mixed-use project as specified by the land use table of the
zoning district specified.
(2) Live/work units shall be conditionally allowed in all mixed-use zoning districts, except the General
Commercial/Light Industrial and Central Business Mixed-Use zoning district, subject to the standards
and requirements of Section 21.36.120 (Live/Work units).
21.11.040 Mixed-Use subdivision standards.
In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land
Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in mixed-use
zoning districts shall be as specified by Table 2-9 (Minimum Parcel Sizes for Newly Created Parcels – Mixed-Use
Zoning Districts). Areas of special limitations may also be identified on the zoning map as a number with the
number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft.
minimum).
Table 2-9
Minimum Parcel Sizes for Newly Created Parcels — Mixed-Use Zoning Districts
Map
Symbol
Zoning District Name Minimum Parcel Sizes for Areas
without Residential Component
Minimum Parcel Sizes for Areas
with Residential Component
GC/LI
General
Commercial/Light
Industrial
As allowed by the General
Commercial (GC) and/or Light
Industrial (LI) zoning district.
Not Permitted
(1)
PO-MU Professional Office
Mixed-Use
As allowed by the Professional
Office (PO) zoning district.
As allowed by the Low-Medium
Density Residential (LMDR)
zoning district.
Page 5 of 17
Map
Symbol
Zoning District Name Minimum Parcel Sizes for Areas
without Residential Component
Minimum Parcel Sizes for Areas
with Residential Component
NC-MU Neighborhood
Commercial Mixed-Use
As allowed by the Neighborhood
Commercial (NC) zoning district.
As allowed by Medium Density
Residential (MDR) zoning district.
MHD-
MU
Medium-High Density
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the Medium-High
Density Residential (MHDR) zoning district.
CB-MU Central Business Mixed-
Use No minimum.
As allowed by the Medium-High
Density Residential (MHDR) zoning district.
GC-MU General Commercial
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the Medium-High
Density Residential (MHDR)
zoning district.
HD-MU High Density Mixed-Use As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
CC-MU Commercial-Corridor
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
TO-MU Transit-Oriented Mixed-
Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
(1) Caretaker or employee housing, and emergency shelters as provided for by Chapter 21.36 (Provisions
Applying to Special Uses) shall be designed in accordance with the development standards for non-
residential uses.
21.11.050 Mixed-Use development standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-9 (Minimum Parcel Sizes for Newly
Created Parcels – Mixed-Use Zoning Districts) and in Table 2-10 (General Development Standards – Mixed-Use
Zoning Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking
and loading) and Article 4 (e.g., accessory structures).
Table 2-10
General Development Standards – Mixed-Use Zoning Districts)
Map
Symbol Zoning District Name Development Standards
for Non-Residential Uses
Development Standards for Uses
with Residential Component
(1)
GC/LI
General
Commercial/Light
Industrial
As allowed by the General
Commercial (GC) and/or Light
Industrial (LI) zoning district.
Not Permitted; except as
otherwise provided for by
Chapter 21.07 (Housing
Development Regulations)
(2)
PO-MU Professional Office
Mixed-Use
As allowed by the Professional
Office (PO) zoning district.
As allowed by the Low-Medium
Density Residential (LMDR)
zoning district.
Page 6 of 17
Map
Symbol Zoning District Name Development Standards
for Non-Residential Uses
Development Standards for Uses
with Residential Component
(1)
NC-MU Neighborhood
Commercial Mixed-Use
As allowed by the Neighborhood
Commercial (NC) zoning district.
As allowed by Medium Density
Residential (MDR) zoning district.
MHD-
MU
Medium-High Density
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the Medium-High
Density Residential (MHDR)
zoning district.
CB-MU Central Business Mixed-
Use No minimum.
As allowed by the Medium-High
Density Residential (MHDR)
zoning district.
GC-MU General Commercial
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the Medium-High
Density Residential (MHDR)
zoning district.
HD-MU High Density Mixed-Use As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
CC-MU Commercial-Corridor
Mixed-Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
TO-MU Transit-Oriented Mixed-
Use
As allowed by the General
Commercial (GC) zoning district.
As allowed by the High Density
Residential (HDR) zoning district.
(1) Notwithstanding any provision to the contrary, the maximum FAR for a housing development project
consisting of three (3) to seven (7) units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight (8) to ten (10) units shall not be less than 1.25, when the
following conditions are met:
a. The housing development project consists of at least 3, but not more than 10, units.
b. The housing development project is not located in any of the following:
i. A property with a single-family zoning or land use designation;
ii. A historic district property included on the State Historic Resources Inventory, as
defined in Section 5020.1 of the Public Resource Code; and
iii. Within a site that is designated or listed as a city or county landmark or historic
property or district.
(2) Caretaker or employee housing, and emergency shelters as provided for by Chapter 21.36 (Provisions
Applying to Special Uses) shall be designed in accordance with the development standards for non-
residential uses.
21.11.060 Central Business Mixed-Use zoning district.
A. Land uses in the Central Business Mixed-Use zoning district. The permissibility of land uses, whether on the
ground floor, an upper floor, or on all floors, as applicable, shall be as specified by Table 2-11 (Land Use Table
— Central Business Mixed-Use Zoning District), except for land uses in the Winchester Boulevard and East
Campbell Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table — Master Plan
Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance in
compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to
the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land
uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative
Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses
listed as (X) and those not otherwise listed are prohibited and shall not be allowed. Operational
Page 7 of 17
requirements for outdoor merchandise display, outdoor seating, alcohol sales for on-site consumption, and
live entertainment are provided further in this chapter.
Table 2-11
Land Use Table — Central Business Mixed-Use Zoning District
# Land Use Ground Floor Upper Floors
1 Apartments1 P P
2 Automated teller machines P X
3 Banks and financial services C P
4 Banquet facilities X C
5 Bed and breakfast inn2 C C
6 Cat and dog day care facilities P C
7 Cat and dog grooming facilities P C
8 Dancing and/or live entertainment establishments3 C C
9 Hotels C C
10 Incompatible activities4 X X
11 Late night activities C C
12 Liquor establishments5 C6 C
13 Liquor stores7 C X
14 Medical services, clinics X C
15 Offices, professional C P
16 Outdoor retail sales and activities C X
17 Pedestrian-oriented activities8 P P
18 Temporary uses, subject to Chapter 21.45 P P
19 Wireless Communication Facilities May be allowed in compliance with Campbell
Municipal Code Chapter 21.34 (Wireless
Communications Facilities)
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking
facilities, and a lobby. Residential units, leasing offices, and recreation spaces shall be restricted
to upper floors.
(2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33
(Historic Preservation)
(3) Except as specified by Section 21.10.060.F (Standards for live entertainment in the Central
Business Mixed-Use zoning district), which allows certain pedestrian-oriented activities to
incorporate live entertainment without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2-11A (Land Use Table) or
that incorporates one or more of the following characteristics, as determined by the community
development director in compliance with Section 21.02.020.F (Allowable uses of land).
• Services offered by a "body art" practitioner as governed by California Health and Safety Code
sections 119300—119324 (i.e., tattoo parlors and similar uses);
• Services offered by a deferred deposit transaction "licensee" as governed by California
Financial Code sections 23000—23106 (i.e., payday lenders and similar uses);
• Services offered by a "check casher" as governed by California Civil Code sections 1789.30—
1789.38 (i.e., check cashing and similar uses);
• Services offered by a "pawnbroker" as governed by California Financial Code sections 21000—
21307 (i.e., pawnshops and similar uses);
Page 8 of 17
• Services offered by a "secondhand dealer" or "coin dealer" as governed by California Business
and Professions Code sections 21500—21672 (i.e., secondhand/thrift stores, consignment
shops, gold buying, and similar uses);
• Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter
5.55;
• Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on-site retail sales;
• Outdoor storage of merchandise or products;
• Assembly, compounding, manufacturing or industrial processing of merchandise or products;
• Breeding, harboring, raising, or training of animals;
• Repair, maintenance, or sale of motor vehicles;
• Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or
drive-in service);
• Smoking or vaping of tobacco products (as defined by Chapter 6.11);
• Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38
and 8.40); or
• Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance which is obnoxious or offensive or creates a nuisance.
(5) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor
establishments).
(6) Except as specified by Section 21.10.060.E (Standards for alcohol sales for on-site consumption in
the Central Business Mixed-Use zoning district), which allows certain pedestrian-oriented
activities to incorporate an ancillary liquor establishment without a conditional use permit.
(7) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor Stores).
(8) "Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate
all of the following characteristics as determined by the community development director in
compliance with Section 21.02.020.F (Allowable uses of land). This definition specifically includes
retail stores, grocery stores, personal services, spa services/health spa (excluding massage
establishments), restaurants, indoor amusement centers, and studios as defined by Chapter
21.72 (Definitions).
• Provides or offers food, beverages, retail goods, services, instruction, and/or entertainment to
the general public;
• Is open to the general public on a regular basis;
• Is conducted within the interior of a building, except for outdoor displays and outdoor dining
areas as allowed by this Chapter;
• Maintains a transparent storefront open to the interior of the business and/or onto a
merchandise display (when on the ground floor); and
• Is not otherwise classified as an incompatible activity as defined by this Chapter.
B. Land uses in the Area/Master Plan areas: The permissibility of land uses in the Winchester Boulevard and
East Campbell Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table 2-11a - Master
Plan Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance
Page 9 of 17
in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the
approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to
the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land
uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative
Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses
listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The boundaries of the
Winchester Boulevard and East Campbell Avenue Master Plans are shown on the City of Campbell Zoning
Map, available at the Community Development Department.
Table 2-11a
Land Use Table — Master Plan Areas
LAND USES Permissibility
Apartments P
Arcades C
Banks and financial services C
Convenience markets/stores C
Dancing and/or live entertainment establishments C
Government offices and facilities C
Grocery stores C
Incompatible activities X1
Late night activities C
Liquor establishments C2
Liquor stores C3
Medical services, clinics C
Nightclubs C2
Offices, professional P
Outdoor seating P
Parking lots/structures, public C
Personal services P
Public assembly uses C
Restaurants or cafes P
Restaurants, fast food C
Restaurants, standard C
Retail stores, general merchandise P
Secondhand/thrift stores C
Spa Services/Health Spa C
Studios, small and large C
Temporary uses, subject to Chapter 21.45 P
Theaters, movie or performing arts, and concert halls C
Tutoring centers (small and large) C
Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal Code Chapter
21.34 (Wireless Communications
Facilities)
(1) See Table 2-11, Note #4 for the definition of "Incompatible activities," excepting "secondhand
dealers" and "coin dealers" as to allow "Secondhand/thrift stores".
(2) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor
establishments).
Page 10 of 17
(3) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor stores).
C. General development standards. New land uses and structures, and alterations to existing uses or structures
shall be designed, constructed, and/or established in compliance with the requirements in Table 2-11b
(General Development Standards — Central Business Mixed-Use Zoning District), in addition to the general
development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and
Operational Standards).
Table 2-11b
General Development Standards — Central Business Mixed-Use Zoning District
Development Standard Requirement
Maximum floor area ratio 1.25
(1) (2)
a. The scale and intensity of the development does not create adverse traffic and
parking impacts on the Downtown.
b. The design, scale, and context of the project are consistent with the goals and
objectives established in the Downtown Development Plan.
Setbacks Required
Front None, except as may be required by a Site and Architectural Review Permit or the
California Building Code. Side (each)
Street side
Rear
Maximum Height Limit 45 ft.
Fences, Walls, Lattice and
Screens
See Section 21.18.060 (Fences, Walls, Lattice and Screens)
(1) The Planning Commission or City Council may approve an F.A.R. of up to 1.5 for projects without a
residential component if it makes all the following findings:
a. The scale and intensity of the development does not create adverse traffic and parking
impacts on the Downtown.
b. The design, scale, and context of the project are consistent with the goals and objectives
established in the Downtown Development Plan.
(2) The City Council may grant an exception to the otherwise maximum F.A.R. for a property listed on the
Historic Resource Inventory by approval of a Zoning Exception, in compliance with Section
21.33.150.B.2 (Zoning Exception).
D. Standards for alcohol sales for on-site consumption in the Central Business Mixed-Use Zoning District. Beer
and wine sales for on-site consumption, when clearly ancillary to a pedestrian-oriented activity, is permitted
without a conditional use permit, subject to the following restrictions:
1. Permitted only for a pedestrian-oriented activity operating as a "bona fide public eating place" as
defined by Section 23038 of the California Business and Professions Code (i.e., restaurant or café).
2. The business must be located on a ground floor tenant space.
3. The business shall not incorporate a separate bar area, defined as a separate area, tables, or a room
intended primarily for serving alcoholic beverages.
4. The business owner shall obtain and maintain in good standing a Type 41 (On-Sale Beer and Wine for
Bona Fide Public Eating Place) licensed issued by the Department of Alcoholic Beverage Control.
Page 11 of 17
E. Standards for live entertainment in the Central Business Mixed-Use zoning district. Live entertainment, when
clearly ancillary to a pedestrian-oriented activity, is permitted without a conditional use permit subject to the
following restrictions:
1. Permitted only for pedestrian-oriented activities that are not already subject to a conditional use
permit;
2. Maximum of four performers;
3. Hours of nine a.m. to eleven p.m.;
4. Alcoholic beverage service shall be restricted to a Type 41 (On-Sale Beer and Wine for Bona Fide Public
Eating Place) license issued by the Department of Alcoholic Beverage Control, and at no time shall off-
site sales be allowed. Full food service shall be available during entertainment;
5. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from
the businesses tenant space. However, in no case may noise from the live entertainment disrupt
neighboring businesses;
6. No cover charge may be imposed;
7. Areas for dancing and festival seating are not allowed;
8. If the police department or community development department find that a business is in
noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until
a live entertainment permit is issued by the City Council subject to the requirements set forth by
Section 5.24.010(a) et seq. (Live entertainment) of this Zoning Code;
F. Standards and permit requirements for outdoor seating and merchandise display within the public right-of-
way for a pedestrian-oriented activity. The following standards govern the provision of outdoor
seating/dining areas and the outdoor display of merchandise within the public right-of-way (sidewalk) in the
Central Business Mixed-Use zoning district. These standards are minimum standards and additional
requirements may be added through the discretionary review process.
1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval of an
outdoor seating and display permit by the community development director. Approval is subject to the
standards provided below and any other conditions as may be deemed necessary by the community
development director in order to protect the health, safety, and welfare of the city.
2. Application. Application for an outdoor seating and display permit shall be filed with the community
development department. The application shall be accompanied by a plan set, drawn to scale,
depicting sidewalk dimensions, the location of seating, tables, umbrellas, and merchandise displays
together with other information and exhibits as required by the community development director.
3. General standards.
a. A four-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk. This
walkway shall provide for pedestrian access to doorways, crosswalks, and along the public
sidewalk. No part of the walkway shall be within two feet of the building face or within one foot
of the face of curb, and the walkway shall not cross the path of outward-opening doors or
windows.
b. All tables, seats, and displays shall be placed inside at the end of each business day.
c. Material placed on the sidewalk shall be secured so as not to be moved by the wind. However,
tables, seats, or displays may not be bolted into the ground or secured to the streetlights, trees,
or other street furniture.
Page 12 of 17
d. The permit holder is responsible for picking up all litter associated with the outdoor seating or
display and shall maintain the area in a clean condition at all times.
4. Outdoor seating.
a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set forth
in the approved application and accompanying plans.
b. Tables, seating, or displays shall not be placed within the area of any disabled ramps, driveways,
or doorways.
c. Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the face
of curb.
d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical
clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the
table, and shall not extend past the curb.
e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be
attractive, made of durable materials, and be maintained in good repair and in a manner to
enhance the downtown area.
5. Outdoor Displays.
a. Outdoor merchandise displays shall be placed against the building face abutting the permit
holder's tenant space and shall be limited to fifty percent of the business frontage.
b. Tenants on corner lots are permitted displays along one frontage only.
c. Merchandise shall be attractively displayed on appropriate racks or other similar stands. Displays
using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted.
Merchandise too large to be placed on a display may be freestanding.
d. Displayed merchandise shall be the same type of merchandise sold in the existing business at the
site.
e. Displays, including the merchandise placed on them, may not be more than four feet high. The
community development director may approve displays greater than four feet if it can be found
that the display will not block the visibility of windows of that business.
f. One sign, not to exceed one square foot, per display is permitted for pricing.
6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the city, its agents,
officers, attorneys, employees, and officials harmless from any and all claims, causes of action, injuries,
or damages arising out of any negligent acts on part of the permit holder, its agents, officers,
employees, or anyone rendering services on their behalf. This indemnity shall include all reasonable
costs and attorney's fees incurred in defending any action covered by this provision.
a. The permit holder, during the continuance of this permit and at no cost to the city, shall maintain
a comprehensive liability policy in the amount of one million dollars and if applicable a worker's
compensation liability policy each with a minimum coverage of one hundred thousand dollars.
b. The policy shall include the city as additional insured and shall apply as primary insurance and
shall stipulate that no other insurance effected by the city will be called on to contribute to a loss.
c. Before the issuance of a permit, the permit holder shall furnish to the city a certificate of
insurance, duly authenticated, evidencing maintenance of the insurance required under this
permit.
Page 13 of 17
d. If the insurance policy is canceled, terminated, suspended, or materially changed, the outdoor
seating and display permit shall be suspended until the time that compliance with the
requirements of this subparagraph has been fully satisfied.
G. Development review regulations for projects in the Central Business Mixed-Use zoning district.
1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are
architecturally exemplary of the variety of historic periods in which they were constructed. These
design standards are intended to both promote the conservation and rehabilitation of buildings and to
encourage new building and remodeling which is simultaneously in keeping with existing buildings and
architecturally exemplary of contemporary design. In this way the architectural history and richness of
downtown will be continued and expanded.
Each new building and remodeling project in the downtown shall adhere both in its large- and small-
scale parts to the architectural parts or style adopted for the project. Architectural design shall be of
high quality, measured against contemporary standards.
2. Intent. The guidelines below govern building mass; building form and composition; storefronts;
materials, colors and finishes; and other elements. They are intended to encourage the relation of
specific project aspects to the designated architectural parts or style.
3. Site and Architectural Review required. Non-residential buildings and structures in the Central Business
Mixed-Use zoning district shall conform to the design standards in paragraphs 4—8 below and are
subject to approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review):
4. Building mass.
a. Large building facades shall be divided into smaller elements to complement the intimate scale
created by the existing small property divisions.
b. Second floor decks or terraces at the rear of buildings for use by adjacent offices or restaurants
should be incorporated whenever practical to add a sense of vitality to the rear building facades.
c. Roof design shall be consistent with the building's architectural style. Mansard, shed, or
residential type roofs are prohibited unless it is demonstrated that such a roof style is structurally
or architecturally suitable for the particular project or location.
d. The existing residential building types of historical significance should retain their character,
including features such as landscaped setbacks.
5. Building form and composition.
a. Unique and historic building elements such as parapet details and belt courses shall be retained
and restored.
b. Traditional commercial building forms should be incorporated whenever practical.
c. Open air dining areas facing Campbell Avenue should be employed to the greatest extent
practical. The buildings should not be set back from the street, but should contain the dining
areas within their architectural framework.
d. Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular
windows, augmented with frames. Glass curtain walls should not be approved unless it is
demonstrated that such walls are the only structurally or architecturally suitable form of wall for
the particular project or location.
e. Architecturally exemplary design of high quality shall be employed. Buildings should not be made
to look "old time" unless such design would be clearly more appropriate and harmonious with
the purpose of this chapter.
Page 14 of 17
f. Buildings shall incorporate base, cornice, and other elements appropriate to their architectural
style.
6. Storefronts.
a. First floor frontages shall have an integrated design including display windows, an entry, and
signing.
b. The design of the building storefront shall be consistent with the building's architectural style.
c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration,
displays, signing, or landscaping, unless the effect of such elements would be clearly contrary to
the purposes of this chapter. Large areas of blank walls should not be permitted unless it is
demonstrated that such blank areas are clearly more appropriate and harmonious than would be
the case if elements of visual interest were incorporated.
d. Buildings facing Campbell Avenue shall have their primary entries along that street.
e. Entries should be recessed, as they add depth to storefront, and act as transition areas between
the street and shop interiors, unless the effects of such entries would be clearly contrary to the
purposes of this paragraph.
f. Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or
windows of heavily tinted or reflective glass should not be approved unless it is demonstrated
that such doors and windows are the only structurally or architecturally suitable form for the
particular project or location.
g. Storefront windows shall reflect the building's character. For instance, on 1940's and 50's
"showcase" buildings, exposed aluminum frame windows are appropriate.
h. Ground floor offices facing Campbell Avenue are required to maintain the same storefront
character as retail spaces.
i. Awnings on building facades should be employed when appropriate, as they add color, weather
protection, and opportunities for signing. As in other architectural elements, the awnings should
be designed to reflect the building's geometry.
7. Materials, colors, and finishes.
a. Primary facade materials shall be limited to those that are characteristic of the building's
architectural style.
b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt
to look antiqued or used.
c. Primary building colors shall be characteristic of the building's architectural style. Overly bright,
garish, or otherwise offensive colors or color combinations are prohibited.
d. Accent materials such as tile bases shall be carefully chosen to complement the building style and
coordinate with adjacent buildings. The use of shingles, lava rock, sheet metal siding, or any
other residential or industrial materials should not be approved unless it is demonstrated that
such material would be the only structurally or architecturally suitable materials for the project
or location.
e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the
buildings.
f. A coordinated color scheme that responds to the style of the structure shall be developed for
each building. The colors of signing, awnings, planters, accent materials, and primary facade
colors should all be considered. The number of colors should be limited.
Page 15 of 17
8. Other elements.
a. Trash collection and storage areas shall be carefully screened.
b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the
storefront areas.
c. Colorfully landscaped planters are allowed. These are especially appropriate below second floor
windows.
d. All building maintenance shall be done conscientiously.
H. Sign regulations for Central Business Mixed-Use zoning district. The following provisions shall apply to the
Central Business Mixed-Use zoning district only and shall supersede those listed by Section 21.30.080
(Permanent signs):
1. Intent. The intent of these regulations is to stimulate creative, good quality signing which will
complement the intimate scale and architectural character of the area, and which will complement the
architectural style of the building to which the signing is fixed.
2. Allowable signs. Each business shall be allowed one square foot of sign area for each one linear foot of
business frontage. A minimum of twenty square feet is allowed and a maximum of forty square feet is
allowed for each business.
3. Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal, painted
fabric, and similar materials. Plastic signs shall not be approved.
4. Wall signs. Each business may have one wall sign, except corner businesses, which may have two. This
sign shall be located below the top of parapet on single story buildings and below the second floor sill
on multistoried buildings. It may be painted directly on a wall, a sign panel attached to a parapet wall,
or of individually formed letters attached to a wall.
5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk screened
or appliquéd onto the awning. Awnings may project five feet into the public right-of-way on Campbell
Avenue and shall maintain a minimum clearance of eight feet from the ground. All other streets shall
be limited to a two-foot projection and have a minimum clearance of eight feet. Awnings shall be
securely attached to buildings and well maintained. No supports or poles may be located in the public
right-of-way. Awning forms shall be carefully chosen to complement the architectural style of the
building to which they are fixed.
Figure 2-1
Awning
6. Projecting signs.
Page 16 of 17
a. In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-sided
projecting sign. The projecting sign may be a maximum of six square feet and may serve to
identify more than one tenant in the building.
b. Signs may project a maximum of four feet over the public right-of-way with a minimum eight-
foot clearance from the ground. Signs shall not project above any roofline or facade of the
building.
c. Projecting signs shaped as symbols depicting the goods or services being sold by the business are
encouraged.
d. Wood signs, that are carved, painted, stained, or feature raised letters and symbols are
specifically encouraged.
e. Sign colors should relate to material or paint scheme of the building. Fluorescent colors are not
allowed.
f. Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon
signs, or flashing signs.
g. Projecting signs shall be mounted perpendicular to the street and may be hung from coverings
over sidewalks or affixed to the building wall.
(1) Signs shall be structurally attached to the building with wood, metal brackets, chain, or
other similar materials in a manner compatible with the architectural style of the building.
(2) Fabric signs shall be anchored to the building from both the top and bottom of the sign.
Figure 2-2
Projecting Sign
7. Lighting. Only external illumination of signs is allowed except for backlit individual letter signs.
I. Nonconforming uses and structures in the Central Business Mixed-Use zoning district. Nonconforming uses
and structures shall be governed by the standards set forth in Chapter 21.58 (Nonconforming Uses and
Structures), except that whenever a nonconforming use has been abandoned or discontinued for a
continuous period of six months, the nonconforming use shall not be reestablished; and the use of the
Page 17 of 17
structure and the site shall comply with the regulations for the Central Business Mixed-Use zoning district.
Notwithstanding the foregoing provision, an existing use with a conditional use permit that was issued
before September 1, 2020, shall be considered a conforming use for purposes of this section.
Title 21 - ZONING
Chapter 21.12 SPECIAL PURPOSE DISTRICTS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 1 of 13
Chapter 21.12 SPECIAL PURPOSE DISTRICTS
21.12.010 Purpose of chapter—Applicability.
This chapter provides regulations applicable to development and new land uses in the special purpose zoning
districts established by Section 21.04.020 (Zoning Districts Established). The purposes of the individual special
purpose zoning districts and the manner in which they are applied are identified below.
(Ord. 2043 § 1(part), 2004).
21.12.020 Special purpose zoning districts.
The purpose and zoning district map symbols of individual special purpose zoning districts are as follows:
A. Condominium Planned Development Zoning District.
1. Purpose: The Condominium Planned Development zoning district is established to provide for the
construction of new residential, commercial, and industrial condominiums. This zoning district also
provides for the conversion of existing multiple-family rental housing units into condominiums,
community apartments, stock cooperatives, and any other subdivision that is a conversion of existing
rental housing. This district also provides for the conversion of existing commercial and industrial
structures to commercial and industrial condominiums.
2. Zoning District Map Symbol: C-PD
B. Planned Development Zoning District.
1. Purpose: The purpose of the Planned Development zoning district is as follows:
1. To provide a means for the planned coordination of development and land uses with a degree of
flexibility that is not available in other zoning districts to allow developments which are more
innovative, affordable, and/or responsive to site characteristics.
2. To incentivize increases in the quantity, quality, and functionality of open space, and the
incorporation of community serving amenities and design features.
2. Zoning District Map Symbol: P-D
C. Public Facilities Zoning District.
1. Purpose: The Public Facilities zoning district is intended for the construction, use, and occupancy of
educational, governmental, and public utility structures and facilities, and other uses compatible with
the semipublic character of the zoning district.
2. Zoning District Map Symbol: PF
D. Open Space Zoning District.
1. Purpose: The purpose of the Open Space zoning district is to protect the public health, safety, and
welfare; to protect and preserve open space land as a limited and valuable resource; to permit a reasonable use of open space land while at the same time preserving and protecting its inherent open
space characteristics to assure its continued availability as agricultural land, scenic land, recreation
land, conservation, or natural resource land.
2. Zoning District Map Symbol: OS
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(Supp. No. 37)
Page 2 of 13
21.12.030 Special purpose district land uses.
The permissibility of land uses in special purpose districts shall be as specified by Table 2-12 (Land Use
Table – Special Purpose Districts) subject to the operational and locational standards contained in Article 3, except
for the Planned Development and Condominium Planned Development zoning districts which permissibility of land
uses shall be the same as the zoning district that directly corresponds to the general plan land use designation of
the property as outlined in Table 2-1 (Zoning Districts and General Plan Designations). Land uses that are listed as
(P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning
Clearances). Land uses listed as (C) are conditional and may be allowed subject to approval of a conditional use
permit in compliance with Chapter 21.46. Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject
to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless
otherwise specified. The list of land uses is organized by headers which themselves do not convey an intended land
use.
Table 2-12
Land Use Table —Special Purpose Districts
Zoning District Map Symbol
# Land Use PF OS
Recreation, Education, Public Assembly
1 Conservation or use of natural resources X P
2 Enjoyment of scenic beauty X P
3 Protection of man and his artifacts (property,
structures, etc.) X P
4 Public assembly uses C X
5 Public recreation X P
6 Schools other than public C X
Medical Services
7 Hospital, rest home, or convalescent hospital C X
Manufacturing, Processing, and Storage
8 Production of food or fiber X P
Other Uses
9 Caretaker or employee housing C X
10 Electric distribution substation C X
11 Ground water recharge facilities X P
12 Public service structures and accessory uses C X
13 Public utility structures and service facilities C X
14
Structures and facilities owned, leased, or operated
(whether in a governmental or proprietary capacity)
by the city, the county, the state, the federal
government, any public school district, or any other
public district within the city
P X
15 Temporary uses, subject to Chapter 21.45 P X
Prohibited Uses
16 Any use inconsistent with state or federal law X X
17 Payday lender X X
18 Storage of commercial or industrial vehicles, except
for the purpose of loading or unloading X N/A
19 Storage of equipment, materials, or supplies for
commercial or industrial purposes X N/A
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(Supp. No. 37)
Page 3 of 13
21.10.040 Special purpose district subdivision standards.
In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land
Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in special purpose
districts shall be as specified by Table 2-12a (Minimum Parcel Sizes for Newly Created Parcels — Special Purpose
Districts) except for the Planned Development and Condominium Planned Development zoning districts which
subdivision standards shall be the same as the zoning district that directly corresponds to the general plan land use
designation of the property as outlined in Table 2-1 (Zoning Districts and General Plan Designations) except for
properties with a low-density residential land use designation which shall not be subdivided smaller than the
largest minimum lot size in which the lot would be conforming. Areas of special limitations may also be identified
on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands
of square feet (i.e., 80 = 80,000 sq. ft. minimum).
Table 2-12a
Minimum Parcel Sizes for Newly Created Parcels — Special Purpose Districts
Zoning Map
Symbol
Minimum Parcel Area:
Square Feet/Net Acre
Minimum Lot Width: Feet Minimum Public Frontage:
Feet
PF 6,000 sq. ft.
0 0 OS 6,000 sq. ft
(1)
(1) All divisions of land into four or more parcels shall be designed on the cluster principle and shall be
designed to minimize roads; to minimize cut, fill, and grading operations; to locate development in less
rather than more conspicuous areas; and to achieve the purpose of the Open Space zoning district.
21.12.050 Special purpose district development standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-12a (Minimum Parcel Sizes for
Newly Created Parcels — Special Purpose Districts) and in Table 2-12b (General Development Standards – Special
Purpose Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences,
parking and loading, signs) and Article 4 (e.g., accessory structures), except for the Planned Development and
Condominium Planned Development zoning districts which general development standards shall be the same as
the zoning district that directly corresponds to the general plan land use designation of the property as outlined in
Table 2-1 (Zoning Districts and General Plan Designations).
Table 2-12b
General Development Standards — Special Purpose Districts
Zoning District Map Symbol
Development Standard PF OS
Maximum floor area ratio 0.40
(1)
0.40
(1)
Setbacks required
Front The minimum front yard, side yards, and
rear yard required in this zoning district
shall be equal to those required in the
most restrictive abutting zoning district.
(2)
The minimum front yard, side yards, and
rear yard required in this zoning district
shall be equal to those required in the
most restrictive abutting zoning district.
(2)
Side (each)
Street side
Rear
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 4 of 13
Zoning District Map Symbol
Development Standard PF OS
Maximum height limit The maximum height of a building shall
be equal to that required in the most
restrictive abutting zoning district.
(3)
The maximum height of a building shall be
equal to that required in the most
restrictive abutting zoning district.
(3)
(1) The Planning Commission shall have the authority to increase the F.A.R. for a specific use at a specific
location when it determines that circumstances warrant an adjustment.
(2) The Planning Commission may modify such setbacks when it is found to be necessary to maintain the
purpose of the zoning district.
(3) The Planning Commission may allow higher structures provided that one-half foot shall be added to each
yard for each foot that the structure exceeds the maximum height.
21.12.020 C-PD (Condominium Planned Development) zoning district.
A. Purpose. The C-PD zoning district is established to provide for the construction of new residential,
commercial, and industrial condominiums. This zoning district also provides for the conversion of existing
multiple-family rental housing units into condominiums, community apartments, stock cooperatives, and any
other subdivision that is a conversion of existing rental housing. This district also provides for the conversion
of existing commercial and industrial structures to commercial and industrial condominiums.
B. General Plan. The C-PD zoning district is consistent with the underlying land use designation of the General
Plan.
C. Allowable uses in the C-PD zoning district. Subject to the approval of a planned development permit, in
compliance with subsection E of this section, the following uses may be allowed in the C-PD (Condominium
Planned Development) zoning district:
1. The construction of new residential, commercial, and industrial condominiums;
2. The conversion of existing multiple-family rental housing units into condominiums, community
apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental
housing; and
3. The conversion of existing commercial and industrial structures to commercial and industrial
condominiums.
D. Restrictions. The C-PD zoning district is the only zoning district in which the construction of new
condominiums, or the conversion of existing residential, commercial, or industrial structures to
condominiums, is allowed. The following uses are prohibited:
1. Any use inconsistent with state or federal law.
2. Payday lender.
3. Massage Establishments.
E. Reference to the P-D zoning district. A project in the C-PD zoning district is subject to the planned
development permit procedures identified in this chapter for the P-D (Planned Development) zoning district,
Section 21.12.030(G)(2) (Planned development permit required).
F. Standards for conversion. Any conversion proposed in compliance with this chapter shall:
1. Conform to all applicable city codes for the construction of a new condominium unit. Documentation
and inspection, satisfactory to the building official, community development director, fire chief, and
Created: 2022-12-01 08:35:59 [EST]
(Supp. No. 37)
Page 5 of 13
public works director, shall be provided by the applicant/developer, which shall detail the current
condition of the subject property;
2. Include detailed information pertaining to the condition of the appliances, ceilings, electrical, fire
protection devices, foundations, landscaping, mechanical equipment, parking facilities, plumbing,
recreational facilities, utilities, walls, and windows;
3. Include a utility plan indicating how utility metering will be accomplished and a sound transmission
plan indicating how the structure(s) will be brought up to applicable sound transmission standards.
G. Notification of conversion. The applicant/owner of a proposed conversion project shall:
1. Provide the community development director with a current list of the names and addresses of each
person residing in an existing structure proposed for conversion so that they shall be properly notified
of the pending conversion.
2. Comply with all applicable state requirements as they pertain to the notification of tenants of a
proposed conversion.
H. Open space required for condominiums. For each residential condominium, community apartment, or stock
cooperative unit, an area of not less than five hundred square feet shall be provided for open
space/recreation purposes. Such area shall be in addition to the required open space between buildings and
any street property line. It shall be specifically designed for open space/recreational use, whether active or
passive, and shall not be occupied by driveways, parking spaces, or walkways between buildings. Of the five
hundred square feet of open space/recreation area, at least three hundred square feet shall be provided for
common use of each dwelling unit, fifty percent of which shall be located in one area of the site. This
requirement shall apply to new condominiums as well as to the conversion of existing multiple-family rental
units.
(Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
(Ord. No. 2196, § 8, 2-2-2016; Ord. No. 2199, § 10, 4-5-2016)
21.12.030 P-D (Planned Development) zoning district.
A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in other
zoning districts so as to allow developments that are more consistent with site characteristics while creating
an optimum quantity and use of open space and good design. The zoning district allows within its boundaries
a use or development, or a combination of uses or types of uses or types of developments that is (are) determined to be in conformance with the underlying land use designation of the General Plan. It is not the
intent of the P-D zoning district to allow more residential units than would normally be allowed by other
residential zoning districts which are deemed consistent with the General Plan.
B. General Plan. The P-D zoning district is consistent with the underlying land use designation of the General
Plan.
C. San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by reference. The San
Tomas neighborhood area plan policies shall only apply to properties within the boundaries of the San Tomas
area. The map outlining the boundaries of the San Tomas area is maintained at the community development
department. In the case of conflict between the San Tomas area neighborhood plan policies and
requirements contained in this chapter, the policies of the San Tomas area neighborhood plan shall prevail.
D. Allowable uses in the P-D zoning district. Any use or development that is determined to be consistent with
the General Plan of the city may be approved in the planned development zoning district, subject to the
criteria established in subsection (G)(6) of this section. Development plans shall be approved either through
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an administrative planned development permit, in compliance with subsection (G)(1) of this section, or by
City Council resolution or ordinance, in compliance with subsection (G)(9) of this section, except for
construction of an accessory dwelling unit unrelated to a proposed or approved planned development
permit which shall be approved ministerially pursuant to Chapter 21.23 (Accessory Dwelling Units). In order
to aid the City Council in adoption of a resolution or ordinance, the planning commission shall also hold a
public hearing and shall transmit its findings and recommendations by resolution to the City Council.
Establishment of a liquor establishments or a liquor store shall require approval of a conditional use permit
pursuant to the requirements of Chapter 21.46, (Conditional Use Permits).
E. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration any relevant design guidelines that have been adopted by the city.
F. Prohibited uses in the P-D (Planned Development) zoning district. The following uses are prohibited:
1. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.).
2. Payday lender.
3. Massage Establishments.
4. Any use inconsistent with state or federal law.
G. Establishing the P-D zoning district.
1. Unless initiated by the city, an application for a zone change to a P-D zoning district for a specific parcel
or area shall include a development plan.
2. The city may initiate a zone change to a P-D zoning district for a specific parcel or area, without
providing a development plan, when the purpose of the zone change is determined to serve the best
interests of the city.
H. Permit required. Unless otherwise specified in this chapter or approved in compliance with Chapter 21.45,
(Temporary Use Permit) no use or structure shall be constructed, created, enlarged, erected, established,
installed, maintained, or placed within a P-D zoning district unless and until a planned development permit
or an administrative planned development permit has been approved. An administrative planned
development permit shall be processed through the administrative decision process as prescribed in Chapter
21.71, (Administrative Decision Process). An application for an administrative planned development permit
shall be filed with the community development department in compliance with Chapter 21.38, (Application
Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site
plan, floor plan and elevations and any other data/materials identified in the community development
department application for an administrative planned development permit. All applications shall be
accompanied by a filing fee in compliance with the City Council's fee resolution. It is the responsibility of the
applicant to establish the findings required by this section. The decision by the community development
director may be appealed as prescribed in Chapter 21.62, (Appeals).
1. Administrative planned development permit required. An administrative planned development permit
approved by the community development director shall be required for the following:
a. The establishment of a new use in an existing building when no development plans are required
(excluding the establishment of a liquor establishment or liquor store that requires the approval
of a conditional use permit);
b. A new single-family home or an addition to a single-family home on an existing lot with only one
single-family residence on the lot;
c. Additions, remodels and facade improvements to commercial and industrial buildings. In the case
of an addition, the addition shall be less than ten percent of the existing gross floor area or five
thousand square feet, whichever is less.
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d. New and existing late-night activities pursuant to Section 21.58.040(B)(3) (Nonconforming uses).
2. Planned development permit required. A planned development permit reviewed by the planning
commission and approved by the City Council shall be required for all projects that are not covered by
the approval of an administrative planned development permit, as provided above.
3. Modification of a planned development permit.
a. Minor modification. The community development director may approve a minor modification to
a previously approved planned development permit when the change/modification does not add
additional building square footage or substantially alter the design or specifications approved by
the site plan. The community development director may request that a minor modification be
reviewed by the planning commission.
b. Major modification. A modification to a planned development permit that proposes to add
additional square footage or substantially alter the design or specifications approved by the site
plan shall be reviewed by the planning commission and approved by the City Council.
4. Application Filing and Contents.
a. Application for a planned development permit or modification to a planned development permit
shall be filed with the community development department. All applications shall be
accompanied by a filing fee in compliance with the City Council's fee resolution.
b. The community development director shall prescribe the form of the application and data and
information to be filed with the application.
c. A development plan shall be required to accompany the application.
d. If development is to be carried out in stages, each stage shall be shown on a master plan of
development.
e. The development plan shall:
(1) Indicate the site location and planning of all structures and open spaces to show that the
development will be compatible with the general plan and will aid in the harmonious
development of the immediate area;
(2) Include proposed structures with elevations which show appearance and materials of
exterior walls, fences or walls used for screening or separation, design of ingress and
egress, landscaping, and off-street parking and loading facilities; and
(3) Include a development schedule indicating the latest date on which construction of the
project is to begin and the anticipated date of completion.
f. The planning commission or City Council may also require other information that it considers
necessary to properly evaluate the project.
5. Consideration in Review of Applications. The community development director, the site and
architectural review committee, the planning commission, and the City Council shall consider the
following matters, in addition to others deemed necessary to determine if the project meets the
criteria of this section, in their review of the application:
a. Considerations relating to site circulation, traffic congestion, and traffic safety:
(1) The effect of the site development plan on traffic conditions on abutting streets,
(2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian
entrances, exit driveways, and walkways,
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(3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion,
(4) The location, arrangement, and dimensions of truck loading and unloading facilities,
(5) The circulation patterns within the boundaries of the development, and
(6) The surfacing and lighting of the off-street parking facilities;
b. Considerations relating to landscaping:
(1) The location, height, and material offences, walls, hedges, and screen plantings to ensure
harmony with adjacent development or to conceal storage areas, utility installations, and
other unsightly aspects of the development,
(2) The planting of groundcover or other surfacing to prevent dust and erosion, and
(3) The preservation of existing healthy trees;
c. Considerations relating to structure and site lay-out:
(1) Consideration of the general silhouette and mass, including location on the site, elevations,
and relation to natural plant coverage, all in relationship to the surrounding neighborhood,
(2) Consideration of exterior design in relation to adjoining structures in terms of area, bulk,
height, openings, and breaks in the facade facing the street, and
(3) Consideration of the appropriateness and compatibility of the proposed uses in relation to
the adjacent uses and the area as a whole.
6. Approval Criteria. The review authority shall approve the application if it finds that all of the following
criteria have been established:
a. The proposed development or uses clearly would result in a more desirable environment and use
of land than would be possible under any other zoning district classification;
b. The proposed development would be compatible with the general plan and will aid in the
harmonious development of the immediate area;
c. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan
designation of the property; and
d. The proposed development would not be detrimental to the health, safety or welfare of the
neighborhood or of the city as a whole.
7. Additional Approval Criteria for Late Night Activities. Prior to approving an administrative planned
development permit for any late-night activity, the reviewing authority shall first find all the following
conditions, in addition to those findings identified in subsection (G)(6) of this section, are satisfied.
a. Not Create a Nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism or other factors;
b. Not Disturb the Neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood; and
c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts
specified that may be caused by the late-night establishment.
8. Action by the Site and Architectural Review Committee. The site and architectural review committee
shall review all development plans (except those approved by the administrative planned development
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permit in compliance with subsection (G)(1) of this section) and shall make reports and
recommendations on each application to the planning commission.
9. Action by the Planning Commission.
a. The planning commission shall hold a public hearing on a planned development permit
application. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings).
b. Following close of the public hearing, the planning commission shall report its findings and
recommendations to the City Council by resolution.
c. The planning commission may recommend approval of the proposed development if it finds that
all of the following criteria set forth in subsection (G)(6) of this section have been satisfied (with
regard to the elements identified in subsection (G)(5) of this section).
d. In recommending approval, the planning commission may also recommend conditions of
approval as it deems reasonable and necessary under the circumstances to carry out the intent of
this chapter and the general plan.
e. The planning commission may also recommend time limits within which the conditions of
approval shall be fulfilled and the proposed development started and completed.
10. Action by the City Council.
a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter for
public hearing before the City Council. The hearing shall be noticed in compliance with Chapter
21.64, (Public Hearings).
b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of this section, the
City Council shall render its decision by resolution after conclusion of the public hearing.
c. The City Council shall render its decision by ordinance after conclusion of the public hearing for
the following types of projects:
(1) The project is proposed for development on a site of more than two gross acres in total
area;
(2) The project consists of the construction of more than twenty thousand square feet of gross
floor area; or
(3) The project involves the construction of more than twenty residential units.
d. The City Council shall render its decision after conclusion of the public hearing. The City Council
shall approve the proposed development if it finds that all of the criteria set forth in subsection
(G)(6) of this section have been satisfied with regard to the elements identified in subsection
(G)(5) of this section.
e. In approving the application, the City Council may require conditions as it deems reasonable,
necessary, and appropriate to secure the purposes of this Zoning Code and the general plan, and
may require guarantees and evidence that the conditions are being or will be complied with.
f. The City Council may impose time limits within which the conditions shall be fulfilled and the
proposed development started and completed.
11. Notification of decision. The secretary of the planning commission shall give written notification of the
decision of the community development director and/or the planning commission, and the city clerk
shall provide written notification of the City Council's decision to the applicant. In the case of approval,
the notification shall include all conditions of approval.
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12. Right of appeal. Any person aggrieved by the decision of the community development director and/or
planning commission may appeal within ten days of the date of decision in compliance with Chapter
21.62, (Appeals).
13. Expiration, extension and reinstatement.
a. Unless otherwise approved, within twenty-four months from the date approval is granted, a
building permit shall be obtained or the approval shall be void.
b. The decision-making body may extend the expiration date or reinstate an expired approval in
conformance with Chapter 12.56, (Permit Implementation, Time Limits and Extensions).
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 § 1 (Exh. A)(part), 2006:
Ord. 2043 § 1(part), 2004).
(Ord. No. 2129, § 1, 6-1-2010; Ord. No. 2196, § 9, 2-2-2016; Ord. No. 2199, § 11, 4-5-2016; Ord. No. 2252 , § 13,
11-19-2019; Ord. No. 2270 , § 12, 3-16-2021)
21.12.040 P-F (Public Facilities) zoning district.
A. Purpose. The P-F zoning district is intended for the construction, use, and occupancy of educational,
governmental, and public utility structures and facilities, and other uses compatible with the semipublic
character of the zoning district.
B. General Plan. The P-F zoning district is consistent with the institutional land use designation of the General
Plan.
C. Permitted uses in P-F (Public Facilities) Zoning District. The following uses are permitted with a zoning
clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Structures and facilities owned, leased, or operated (whether in a governmental or proprietary
capacity) by the city, the county, the state, the federal government, any public school district, or any
other public district within the city.
2. Temporary uses, subject to Chapter 21.45.
D. Uses allowed with a conditional use permit. The following uses are allowed, subject to the approval of a
conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Caretaker or employee housing. (Not to exceed six hundred forty square feet in total floor area and
one bedroom, in conjunction with an approved conforming use for the purpose of providing security
and/or twenty-four-hour service. The architecture shall be integrated into and be compatible with the
architecture of the approved conforming use.);
2. Electric distribution substations;
3. Hospital, rest home, or convalescent hospital;
4. Public assembly uses;
5. Public service structures and accessory uses;
6. Public utility structures and service facilities;
7. Schools other than public.
E. Uses prohibited. The following uses are prohibited in the P-F zoning district:
1. Storage of commercial or industrial vehicles, except for the purpose of loading or unloading;
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2. Storage of equipment, materials, or supplies for commercial or industrial purposes;
3. Payday lender;
4. Any use inconsistent with state or federal law.
F. Development standards. New land uses and structures, and alterations to existing uses or structures shall be
designed, constructed, and/or established in compliance with the requirements in Table 2-15 (General
Development Standards - P-F Zoning District), in addition to the general development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Table 2-15 General Development Standards - P-F Zoning District
Development Feature P-F
Minimum parcel size 6,000 square feet
Maximum floor area ratio 0.40
The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required (front, sides, rear) The minimum front yard, side yards, and rear yard required in this
zoning district shall be equal to those required in the most restrictive
abutting zoning district. The planning commission may modify such
setbacks when it is found to be necessary to maintain the purpose of
the P-F zoning district.
Maximum height limit The maximum height of a building shall be equal to that required in
the most restrictive abutting zoning district. The planning commission
may allow higher structures provided that one-half foot shall be added
to each yard for each foot that the structure exceeds the maximum
height.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
(Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2196, § 10, 2-2-2016; Ord. No. 2270 , § 13, 3-16-2021)
21.12.050 P-F/O-S (Open Space) zoning district.
A. Purpose. The purpose of the P-F/O-S zoning district is to protect the public health, safety, and welfare; to
protect and preserve open space land as a limited and valuable resource; to permit a reasonable use of open
space land while at the same time preserving and protecting its inherent open space characteristics to assure
its continued availability as agricultural land, scenic land, recreation land, conservation, or natural resource
land.
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It is also the purpose of the P-F/O-S zoning district to retain land in its near natural state to protect life and
property in the community from the hazards of fire, flood, and seismic activity; and to implement the open space
element of the General Plan of the city.
B. General Plan. The P-F/O-S zoning district is consistent with the open space land use designation of the
General Plan.
C. Allowable uses in the P-F/O-S zoning district. The following uses are allowed in the P-F/O-S zoning district:
1. Conservation or use of natural resources;
2. Enjoyment of scenic beauty;
3. Ground water recharge facilities;
4. Production of food or fiber;
5. Protection of man and his artifacts (property, structures, etc.); and
6. Public recreation.
D. Development standards. New land uses and structures, and alterations to existing uses or structures shall be
designed, constructed, and/or established in compliance with the requirements in Table 2-16 (General
Development Standards - P-F/O-S Zoning District), in addition to the general development standards (e.g.,
landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
E. Prohibited Uses in the PF/OS zoning district. The following uses are prohibited:
1. Payday lender;
2. Any use inconsistent with state or federal law.
Table 2-16
General Development Standards - P-F/O-S Zoning District
Development Feature P-F
Minimum parcel size 6,000 square feet
Subdivisions All divisions of land into four or more parcels shall be designed on the
cluster principle and shall be designed to minimize roads; to minimize
cut, fill, and grading operations; to locate development in less rather
than more conspicuous areas; and to achieve the purpose of the P-
F/O-S zoning district.
Maximum floor area ratio 0.40
The planning commission shall have the authority to increase the
F.A.R. for a specific use at a specific location when it determines that
circumstances warrant an adjustment.
Setbacks required (front, sides, rear) The minimum front yard, side yards, and rear yard required in this
zoning district shall be equal to those required in the most restrictive
abutting zoning district. The planning commission may modify such
setbacks when it is found to be necessary to maintain the purpose of
the P-F/O-S zoning district.
Maximum height limit The maximum height of a building shall be equal to that required in
the most restrictive abutting zoning district. The planning commission
may allow higher structures when it is found to be necessary to
maintain the purpose of the P-F/O-S zoning district
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
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Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor vehicle parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
(Ord. 2108 § 1(part), 2008; Ord. 2043 § 1(part), 2004).
(Ord. No. 2196, §§ 11, 12, 2-2-2016)
Title 21 - ZONING
Chapter 21.14 OVERLAY/COMBINING DISTRICTS
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Chapter 21.14 OVERLAY/COMBINING DISTRICTS
21.14.010 Purpose of chapter—Applicability.
A. Purpose. This chapter provides guidance for development and new land uses in addition to the standards
and regulations of the primary zoning district, where important area, neighborhood, or site characteristics
require particular attention in project planning.
B. Applicability. The applicability of any overlay/combining zoning district to specific sites is illustrated by the
overlay zoning map symbol established by Section 21.04.020 (Zoning Districts Established) and shall be
indicated by a suffix appended to the symbol of the primary zoning district (e.g., R-1-6-H, GC-O, TO-MU-CB).
The provisions of this chapter apply to development and new uses in addition to all other applicable
requirements of this Zoning Code. In the event of any conflict between the provisions of this chapter and any
other provision of this Zoning Code, this chapter shall control.
(Ord. 2043 § 1(part), 2004).
21.14.020 H (Historic Preservation) overlay/combining zoning district.
A. Creation. There is created an "H" overlay/combining zoning district for the purpose and intent of identifying,
protecting, and preserving the historic and/or cultural resources of the city.
B. Purpose. The purpose and intent of the "H" overlay/combining zoning district is to provide a means to
preserve and enhance structures, properties, or areas of architectural, engineering, and historic significance
located within the city, identified as landmarks or historic districts. The "H" overlay/combining zoning district
shall be used in general accord with the policies and principles of the General Plan, and is consistent with the
purpose and criteria of the historic preservation policy of the city of Campbell, as specified in Chapter 21.33
(Historic Preservation).
C. Designation. The "H" overlay/combining zoning district shall be combined with the base zoning district of
designated landmarks and historic districts pursuant to Chapters 21.60 (Amendments) and 21.33 (Historic
Preservation). When established, the "H" overlay/combining zoning district shall be shown on the zoning
map following the zoning district designation with which it is combined, (e.g., R-1-H, R-2-H, R-3-H, etc.) When
so designated, all All development within the "H" overlay/combining zoning district shall be subject to the
provisions of Chapter 21.33 (Historic Preservation).
D. Allowed uses. The principal, accessory, and conditional uses in the "H" overlay/combining zoning district shall
be the same as those of the base zoning district with which it is combined.
E. General provisions. When the "H" overlay/combining zoning district is applied, the general provisions of this
section as well as those of the base zoning district with which the "H" district is combined, shall apply. Where
a conflict occurs, the provisions identified in this section shall apply.
(Ord. 2113 § 1(A), 2008: Ord. 2043 § 1(part), 2004).
21.14.030 O (Overlay) overlay/combining zoning district.
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
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cannot otherwise be treated satisfactorily. The "O" overlay district may only be combined with the
commercial or industrial zoning districts identified by Chapter 21.10 (Commercial and industrial districts) ,
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 by 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. Eligibility. 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 Request and Filing 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.
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.
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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).
D. Consideration in review of applications. The community development director, site and architectural review
committee, planning 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:
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.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2213, § 9, 11-1-2016)
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21.14.040 CB (Community Benefit) overlay/combining zoning district.
A. Purpose. The purpose of the community benefit (“CB”) overlay/combining district is to provide an
alternative means of compliance for larger housing projects which choose to forgo one or more of the
objective standards established by Chapter 21.07 (Housing Development Regulations). As housing
development projects are required to comply with all objective standards to take advantage of the
streamlined review process pursuant to Chapter 21.07 (Housing Development Regulations) or Chapter
21.39 (Ministerial Approvals), projects which pursue a community benefit overlay designation shall
instead be subject to a discretionary review process as follows:
B. Pre-application required. Prior to application for a community benefit overlay designation, a pre-
application shall be required pursuant to Chapter 21.41 (Pre-Applications).
C. Eligibility. Projects meeting all the following requirements shall be eligible for a community benefit
overlay district designation:
1. The project will result in the development of 25 or more additional residential units;
2. The project will result in a clear community benefit (e.g., greater affordability, transportation
network improvement, housing serving a special needs group identified in the Housing Element)
and/or result in superior design outcomes than what is otherwise possible for a project meeting
all objective standards established by Chapter 21.07 (Housing Development Regulations); and
3. The property owners shall waive all rights under the Housing Accountability Act (HAA) or similar
law intended to limit the discretionary review authority of the City of Campbell.
D. Establishment of district. The CB overlay/combining district shall be established by ordinance. In addition
to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code, and
Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility
requirements set forth in Section 21.14.040.C. (Eligibility) and specify the characteristics of the project
that were used to make such determination.
E. Development criteria, permit processes, and uses. In lieu of, or in addition to, the development standards,
permit processes, and uses otherwise applicable (e.g., zoning standards, area plan, neighborhood plan
requirements), specific development criteria, permit processes, and/or uses may be established and
applied to lots or areas upon which the community benefit overlay/combining district is imposed. Any
specific development criteria, permit processes, and/or uses applicable to the community benefit overlay/combining district area shall adopted as part of the ordinance that establishes the
overlay/combining district. All specific development criteria and permit processes established for creation
of new housing development project units shall be objective. In the event no unique development
standards, permit processes, and/or uses are established by the community benefit overlay/combining
district, the development standards, permit processes, and uses shall be the same as the base zoning
district with which it is combined.
Title 21 - ZONING
Chapter 21.16 GENERAL PERFORMANCE STANDARDS
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Chapter 21.16 GENERAL PERFORMANCE STANDARDS
21.16.010 Purpose of chapter.
The purpose of this chapter is to provide a context for uniform performance standards for development
within the city that promotes compatibility with surrounding land uses.
(Ord. 2043 § 1 (part), 2004).
21.16.020 Applicability.
The provisions of this chapter apply to all new and existing uses in all zoning districts. Existing uses on the
effective date of this chapter shall not be altered or modified so as to conflict with, or further conflict with, these
standards.
If requested by the community development director, applicants shall provide evidence to the community
development director that the proposed development is in compliance with the standards in this chapter and
other applicable standards in this Zoning Code before the issuance of a building permit or business license.
(Ord. 2043 § 1 (part), 2004).
21.16.030 Evaluation of proposed projects.
Applicants for nonresidential projects requiring discretionary approval may be required to submit evidence
to help determine whether the project complies or would comply with the provisions of this chapter. Required
information may include the following:
A. Construction plans. Plans of construction and development;
B. Production plans. A description of the machinery, processes, or products to be used or produced on
the premises;
C. Emission levels. Measurement of the expected amount or rate of emission of any dangerous or
objectionable elements from the premises; and
D. Emission mitigation. Specifications for the mechanisms and techniques used or proposed to be used in
restricting the emission of any dangerous or objectionable elements from the premises.
(Ord. 2043 § 1 (part), 2004).
21.16.040 Air quality.
Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the
California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD). If requested by the
community development director, uses, activities, or processes that require air pollution control district approval
to operate shall file a copy of the permit with the community development department within thirty days of its
approval.
(Ord. 2043 § 1 (part), 2004).
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21.16.050 Electrical interference.
Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that
adversely affect public health, safety, and welfare including interference with normal radio, telephone, or
television reception from off the premises where the activity is conducted.
(Ord. 2043 § 1 (part), 2004).
21.16.060 Outdoor light and glare.
Light or glare from mechanical or chemical processes, or from reflective materials used or stored on a site,
shall be shielded or modified to prevent emission of light or glare beyond the property line. The placement of
outdoor lights shall eliminate spillover illumination or glare onto adjoining properties and shall not interfere with
the normal operation or enjoyment of adjoining properties.
(Ord. 2043 § 1 (part), 2004).
21.16.070 Noise.
A. Purpose. It is declared to be the policy of the city to prohibit unnecessary, excessive, and annoying sound
levels from all sources. In compliance with this policy, Campbell is designated a quiet city. At certain levels,
sounds are detrimental to the health and welfare of the citizenry and, in the public interest, shall be
systematically proscribed. It is the purpose of this chapter to prescribe standards for and to provide an
effective and readily available remedy for violations of this chapter.
B. Definitions. As used in this chapter, unless the context otherwise clearly indicates, the words and phrases
used in this chapter are defined as follows:
"A-weighting" means a filter network designed to transform a frequency spectrum to that which is
heard by the human ear.
"Decibel (dB)" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm
to the base ten of the ratio of the pressure of the sound measured to the reference pressure of zero decibels,
which is twenty micropascals.
"Impulsive sound" means a sound of short duration, usually less than one second, with an abrupt onset
and rapid decay. Examples of impulsive sounds include explosions, drop impacts, and firearm discharge.
"Noise" means any loud discordant or disagreeable sound or sounds.
"Noise level" expressed in decibels (dB), means a logarithmic indication of the ratio between the
acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive
human ears and weighted by frequency to account for characteristics of human hearing, as given in the
American National Standards Institute Standard S1.1, Acoustic Terminology, Paragraph 2.9, or successor
references.
"Noise level measurement" means the procedure of measuring sound consisting of the usage of a
precision sound level meter (SLM), as defined in this section, set to "fast" response. If the sound level meter
is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter
shall be calibrated before any measurements and the microphone shall be a minimum of three and one-half
feet from any wall, floor, or other large sound-reflecting surface. The meter shall be protected from wind or
other extraneous noise by the use of screens, shields, or other appropriate devices.
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"Powered equipment" means a motorized device powered by electricity or fuel used for property
maintenance and/or landscape maintenance. Powered equipment includes: lawn mowers, edgers, parking
lot sweepers, blowers, wood chippers, vacuums, and similar devices.
"Precision sound level meter" means a sound pressure level measuring instrument that conforms to
the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring
instruments.
"Sensitive receptor" means a land use in which there is a reasonable degree of sensitivity to noise. Such
uses include single-family and multi-family residential uses, schools, hospitals, churches, rest homes,
cemeteries, public libraries, and other sensitive uses as determined by the enforcement officer.
C. Applicability. It is unlawful for any person, at any location within the city, to create any noise or to allow the
creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which
does not comply with the provisions of this chapter, unless the provisions of either subsection E or
subsection G of this section, have been met.
D. Noise measurement.
1. Noise measurement equipment. Any noise measurement made in compliance with this chapter shall
be made with a sound level meter using the A-weighting network at slow meter response. Fast meter
response shall be used for impulsive type noise. Calibration of the measurement equipment utilizing an
acoustical calibrator meeting American National Standards Institute (ANSI) standards shall be
performed immediately prior to recording any sound data.
2. Location of noise measurement. Exterior sound levels shall be measured at the property line or at any
location within the property of the affected sensitive receptor. Sound measurements shall be taken in
a manner and location so that it can be determined whether sound level standards are exceeded at the
property line. Where practical, the microphone of the sound level meter shall be positioned three to
five feet above the ground and away from reflective surfaces. The actual location of the sound
measurements shall be at the discretion of the enforcement officer.
E. Residential noise standards.
1. Noise from stationary sources. New residential development shall conform to a stationary source noise
exposure standard of sixty-five dBA for exterior noise levels and forty-five dBA for interior noise levels.
2. Traffic-related noise. New residential development shall conform to a traffic-related noise exposure
standard of sixty dBA CNEL for outdoor noise in noise-sensitive outdoor activity areas and forty-five
dBA CNEL for indoor noise. New development that does not and cannot be made to conform to this
standard shall not be allowed.
F. Acoustical studies required.
1. Acoustical studies. Acoustical studies are required for all new noise-sensitive projects that may be
affected by existing noise from stationary sources, including all new residential developments with a
noise exposure greater than 60 dBA CNEL. The studies shall also satisfy the requirements set forth in
Title 24, Part 2, of the California Administrative Code, Noise Insulation Standards, for multiple-family
attached residential projects, hotels, motels, etc., regulated by Title 24.
2. Mitigation measures. Where acoustical studies show that existing stationary noise sources exceed, or
will exceed maximum allowable noise levels, mitigation shall be identified to reduce noise exposure to
or below the allowable levels of this chapter. Mitigation measures may include increased setbacks
between uses, earth berms, sound walls, landscaping, and site design that shields noise-sensitive uses
with nonsensitive structures, (e.g., parking lots, utility areas and garages), or orientation of buildings to
shield outdoor spaces from noise sources. In cases where sound walls are used as mitigation, they
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should be encouraged to help create an attractive setting with features such as setbacks, changes in
alignment, detail and texture, pedestrian access (if appropriate) and landscaping.
G. Exemptions. Sound or noise emanating from the following sources and activities are exempt from the
provisions of this chapter:
1. Municipal Code provisions. The provisions of this chapter shall not apply where noise standards are
specified elsewhere in the Municipal Code.
2. City parks. The provisions of this chapter shall not apply to city-sanctioned recreational
activities/programs conducted in public parks.
3. Safety, warning, and alarm devices. Safety, warning, and alarm devices, including house and car alarms,
and other warning devices that are designed to protect the health, safety, and welfare, provided the
devices are not negligently maintained or operated.
4. Schools. The normal operation of public and private schools typically consisting of classes, daytime
recreation, and other school-sponsored activities.
5. Emergencies. Emergencies involving the execution of the duties of duly authorized governmental
personnel and others providing emergency response to the general public, including sworn peace
officers, emergency personnel, utility personnel, and the operation of emergency response vehicles
and equipment. Also included is work by private or public utilities when restoring utility services.
6. Private construction. Private construction (e.g., construction, alteration or repair activities) between
the hours of eight a.m. and five p.m. Monday through Friday, and between the hours of nine a.m. and
four p.m. Saturday, in compliance with Section 18.04.052 of the Municipal Code. The community
development director may impose further limitations on the hours and day of construction or other
measures to mitigate significant noise impacts on sensitive uses.
7. Powered equipment. Powered equipment shall be limited to the hours of eight a.m. and seven p.m.
Monday through Friday, and between the hours of nine a.m. and six p.m. Saturday, Sunday and
nationally recognized holidays.
8. City projects and activities. Noise from construction of public works projects and maintenance
activities, or city-sponsored events, may be exempted from the provisions of the noise ordinance by
the city manager or his designee should the public benefit of alternative work hours and or noise levels
require such modification.
H. Violations/penalties. The violation of any provision contained in this chapter is declared to be a
misdemeanor and shall be punishable as prescribed in Chapter 21.70, (Enforcement).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.16.080 Odor.
Sources of odorous emissions shall comply with the rules and regulations of the Bay Area Air Quality
Management District and the State Health and Safety Code. Noxious odorous emissions in a matter or quantity
that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be public nuisance
and unlawful, and shall be modified to prevent further emissions release.
(Ord. 2043 § 1 (part), 2004).
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21.16.090 Vibration.
Uses, activities, and processes shall not generate ground vibration that is perceptible without instruments by
the average person at any point along or beyond the property line of the parcel containing the activities. Vibrations
from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction
equipment, trains, trucks, etc.) shall be exempt.
(Ord. 2043 § 1 (part), 2004).
21.16.100 Water pollution.
No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse,
body of water, or into the ground, except in compliance with applicable regulations of the California Regional
Water Quality Control Board.
(Ord. 2043 § 1 (part), 2004).
21.16.105 Water resource protection.
In accordance with City Council Resolution 10952, the Valley Water Guidelines and Standards for Land Use
Near Streams shall be applied to all areas of a property within a stream up to the top of bank, except for single
family homes in residential zones that do not require discretionary approval, accessory structures 120 square feet
or less in size, fences, and interior or exterior additions to structures within the existing building footprint. In the
event of a conflict between the Guidelines and Standards for Land Uses Near Streams and the adopted General
Plan, Area Plans, and/or other provisions of the Campbell Municipal Code, the General Plan, Area Plans, and/or
other provisions of the Campbell Municipal Code shall prevail. The application of the Valley Water Guidelines and
Standards for Land Use Near Streams shall be administered by the Director of Public Works or designee.
21.16.110 Site maintenance.
A. Purpose of chapter. This sectionchapter provides for the abatement of conditions that are offensive or
annoying to the senses, detrimental to property values and community appearance, an obstruction to or
interference with the comfortable enjoyment of adjacent property, potentially hazardous or injurious to the
health, safety, or welfare of the general public in a manner that constitutes a nuisance.
B. Applicability. The standards for property maintenance provided in this chapter apply to all nonresidential
properties within the city, except where otherwise provided in this chapter.
C. Maintenance standards.
1. Building maintenance. All buildings, structures and paved areas shall be maintained in a manner so as
not to detract from adjacent properties and to protect the health, safety and welfare of the user,
occupant and general public. Buildings, structures and paved areas shall be deemed substandard and in
violation of this chapter when they display evidence of exterior dilapidated conditions.
2. Landscape maintenance. Landscaped areas shall be kept in a neat and clean condition, substantially
free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and
adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be
maintained to prevent public health or safety hazards.
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3. Fence and wall maintenance. Fences and walls shall be kept and maintained in good repair, free of
graffiti and in a manner so as not to constitute a public nuisance and to protect the health, safety, and
welfare of the user, occupant, and the general public.
4. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering
areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes,
sinkholes, standing water, cracks, and/or broken areas. Parking space and pavement striping and signs
shall be repainted, refurbished and/or replaced when they become faded, damaged, or destroyed to
an extent that they are no longer effective. Parking areas shall be periodically resurfaced.
D. Enforcement of provisions. The provisions of this section chapter shall be enforced in compliance with the
provisions of Chapter 21.70 (Enforcement).
(Ord. 2043 § 1(part), 2004).
21.16.120 Transportation demand management.
New businesses with fifty (50) or more full-time employees during the hours of six a.m. to nine a.m. shall be
required to provide Transportation Demand Management (TDM) program related site design measures such as
showers and changing facilities, designated carpool and van pool parking, and on-site amenities (e.g., food service,
fitness center, ATM). When required, Transportation Demand Management (TDM) reports shall be provided per
Chapter 10.42 (Transportation Demand Management) of the Campbell Municipal Code.
21.16.130 Transportation analysis and improvements.
As part of the development review process, the Community Development Department and Public Works
Department shall require developers to complete and fund the following:
A. Local Transportation Analysis (LTA). A Local Transportation Analysis, which ensures that the project incorporates City transportation goals, policies and standards and identifies the effects of the project on the
local transportation system and improvements to maintain LOS D operations at signalized City-controlled
intersections and adopted LOS standards on Congestion Management Plan (CMP) intersections, shall be
prepared whenever a project:
1. Generates one hundred (100) or more net peak hour trips; and/or
2. Generates fifty (50) to ninety-nine (99) net peak hour trips where the affected intersection is
experiencing LOS D or worse.
B. Proportional Share of Effects. Projects shall pay for the proportional share of the effects on the City’s
circulation network through payment of fees identified by a nexus study.
C. Project Related Effects. For local project-related transportation network deficiencies requiring improvements
that are not included in an adopted fee program, either complete the necessary improvements or pay a
proportional-share of the construction and project costs as estimated by the city engineer.
Title 21 - ZONING
Chapter 21.18 SITE DEVELOPMENT STANDARDS
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Chapter 21.18 SITE DEVELOPMENT STANDARDS
21.18.010 Purpose of chapter.
This chapter provides standards for site planning and the provision of specific components of development
that are intended to minimize the adverse effects and operational characteristics of land uses.
(Ord. 2043 § 1(part), 2004).
21.18.020 Air conditioning units.
The standards contained in this section are designed to minimize the adverse visual impacts and operational
effects of air conditioning units (including similar equipment such as generators, heating, and ventilation
equipment) using appropriate design, siting, and screening techniques while providing for the personal needs of
residents and local businesses.
A. Disturbance prohibited. Air conditioners and similar equipment shall not be located and operated in a
manner that would negatively impact surrounding activities or uses.
B. Screened from public view. Roof- or ground-mounted air conditioning units and similar equipment shall
be screened from public view. Acceptable screening methods include, but are not limited to,
architectural elements, fences, and landscaping. Replacement of existing equipment shall trigger this
requirement.
C. Setbacks. Air conditioning units and similar equipment shall be setback a minimum of three feet from
any property line.
(Ord. 2043 § 1(part), 2004).
21.18.030 Bicycle and pedestrian access standards.
A. Connections in development.
1. New and redevelopment projects shall provide safe and efficient bicycle and pedestrian connections
on-site, between parking areas, buildings, street sidewalks, and to existing or planned public right-of-
way facilities.
2. New and redevelopment projects shall provide pedestrian passages between street-front sidewalks
and rear-lot parking areas where applicable.
3. Bicycle and pedestrian connections shall be designed to interface with vehicular circulation routes in a
safe manner.
B. Access points. New and redevelopment projects shall provide multiple designated access points onto
adjacent bikeways and pedestrian routes when appropriate.
(Ord. 2043 § 1(part), 2004).
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21.18.040 Conformance with area provisions.
A. Requirements. Unless otherwise provided in this Zoning Code, the following regulations shall apply:
1. Buildings shall not be erected or located on a lot unless the building, structure, or enlargement
conforms with the area regulations of the zoning district in which it is located.
2. Parcels of land held under separate ownership at the time this chapter became effective, shall not be
reduced in a manner below the minimum lot width and lot area required by this chapter.
3. Lot areas shall not be reduced or diminished so that the yards or other open space becomes smaller
than prescribed by this Zoning Code, nor shall the occupancy be increased in any manner except in
conformity with the regulations established in this Zoning Code.
4. Required yards or other open spaces around an existing building, or which are provided around any
building for the purpose of complying with the provisions of this Zoning Code shall not be considered
as providing a yard or open space for any other building; nor shall any yard or other required open
space on an adjoining lot be considered as providing a yard or open space for any other building; nor
shall any yard or other required open space on an adjoining lot be considered as providing a yard or
open space on a lot whereon a building is to be erected.
B. Exceptions. The following items shall be exempt from the required area regulations of this Zoning Code:
1. Architectural features. Cornices, eaves, sills, canopies, bay windows not more than ten feet in width, or
other similar architectural features may extend or project into a required side yard or rear yard, or
required building separation distance, not more than twenty-four inches and may extend or project
into a required front yard or street-side yard not more than thirty inches. Chimneys may project into a
required front, side, street-side, or rear yard not more than twenty-four inches. No architectural
feature may extend closer than three feet to any property line.
2. Fire escapes. Open, unenclosed fire escapes may extend or project into any front, side, or rear yard not
more than four feet.
3. Open stairways and balconies. Open, unenclosed stairways, or balconies, not covered by a roof or
canopy may extend or project into a required front yard not more than thirty inches.
4. Decks, steps, and terraces. Decks, steps, and terraces that do not exceed a height of twelve inches
above grade shall be allowed in any required front, side, or rear yard.
5. Trees, shrubs, and plants. Landscape features (e.g., trees, shrubs, flowers, plants, etc.) shall be allowed in any required front, side, or rear yard provided they do not produce a traffic safety hazard that would
be detrimental to the health, safety, and welfare of the residents.
(Ord. 2043 § 1(part), 2004; Ord. No. 2286 , § 7, 8-16-2022)
21.18.050 Exceptions to height provisions.
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required
to operate and maintain the building, parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, or
similar structures (as defined by the planning commission) may be erected above the height limit herein
prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the
purpose of providing additional floor space.
(Ord. 2043 § 1(part), 2004).
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21.18.060 Fences, walls, lattice and screens.
The standards contained in this section pertain to all properties except when otherwise provided for by an
area plan, neighborhood plan, or specific plan.
A. Setbacks. A fence, wall, lattice or screen not exceeding three and a half feet may be allowed in any
required front, side or rear yard in all zoning districts. A fence, wall, lattice or screen not more than six
feet in height, may be allowed in all zoning districts as follows:
1. Interior lot:
a. Front yard: No closer than fifteen feet from the front property line.
b. Side yards: Allowed up to and along the property line, except for the required fifteen-foot
front yard setback.
c. Rear yard: Allowed up to and along the property line.
2. Corner lot:
a. Front yard: No closer than fifteen feet from the front property line.
b. Interior side yard and rear yard: Allowed up to and along the property line, except for the
required fifteen-foot front yard setback.
c. Street side yard: No closer than five feet from the street property line and not within the
triangular area formed by measuring thirty feet along the front and street side property
lines along the right-of-way from their "extended" intersection and connecting these two
points.
Figure 3-1
d. Driveways. No fence wall, lattice or screen over three and a half feet shall be allowed
within the triangular area formed by measuring ten feet along the street property line and
ten feet along the driveway from their "extended" intersection and connecting these two
points.
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Figure 3-2
B. Height measurement. The height of a fence, wall, lattice, or screen shall be measured from the
adjacent finished grade to the highest point of the fence. Where the finished grade is a different
elevation on either side of the fence on private property, the height shall be measured from the side
having the highest elevation. Where the finished grade is a different elevation on either side of the
fence adjacent to a public right-of-way, the height shall be measured from the public right-of-way side.
C. Decorative arbors. A lightweight, decorative arbor not exceeding eight feet tall, six feet wide, and four
feet deep may be allowed in the front yard of residential properties. An arbor shall not be allowed
within the sight visibility area required for driveways and corner properties, as specified in subsections
(A)(2)(c) and (d) of this section.
D. Prohibited materials.
1. Chain link fences are prohibited in any required front yard or street side yard areas for
residential, mixed-use, and commercial properties.
2. Barbed wire and razor wire fencing are prohibited in any zoning district, unless it is approved as
part of a discretionary development permit and is found to be necessary for the security of the
facility.
E. Fence exception. The community development director, upon recommendation from the director of
public works, may approve a fence exception to allow lesser setbacks and greater heights than allowed
by this section. The community development director may approve a fence exception only after the
four following findings are made: (1) the change would not impair pedestrian or vehicular safety; (2)
would result in a more desirable site layout; (3) would not be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the neighborhood of the change;
and (4) would not be detrimental or injurious to property and improvements in the neighborhood or to
the general welfare of the city. A fence exception application shall be processed through the
administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). An
application for a fence exception shall be filed with the community development department in
compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application shall be
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accompanied by a detailed and a fully dimensioned site plan, and any other data/materials identified in
the community development department application for a fence exception. It is the responsibility of
the applicant to establish that the proposed request satisfies the findings required by this section. The
decision by the community development director may be appealed as prescribed in Chapter 21.62,
(Appeals).
F. Design criteria. When a fence exception is requested for a taller fence or lesser setbacks in the required
front yard or street yard areas for residential properties, the fence or wall shall be of a decorative style
and the portion of the fence that exceeds the allowable height limit shall be at least fifty percent open
to the passage of light and air, as determined by the community development director.
Figure 3-3
G. Fences as part of a development application. The planning commission or City Council shall have the
authority, upon making the findings required by subsection E of this section, to allow lesser setbacks and greater heights than allowed by this section for fences, walls, lattice and screens submitted as part
of a discretionary development application and shall not require the submittal of a separate fence
exception application.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2225, § 10, 8-15-2017)
21.18.070 Front yard paving.
Except as otherwise provided for by a development agreement, overlay district, area plan, neighborhood
plan, or specific plan, paving shall not amount to more than fifty percent of the required front yard setback area.
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Increases in the amount of allowable paving may be approved by the community development director if
necessary to provide safe ingress and egress for the site.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2225, § 11, 8-15-2017)
21.18.080 Hazardous materials.
This section provides guidelines for the regulation of hazardous materials for the protection of health, safety,
and welfare of persons, resources, and property.
A. Setbacks required. Any person, firm, or corporation that stores, handles, or dispenses any hazardous
material shall provide the necessary setbacks (buffer zones) along property lines and between buildings
in compliance with the uniform building code and uniform fire code.
B. Change in use. Projects that involve a change in land use from industrial to residential or commercial
shall provide detailed information regarding potential historical hazardous materials uses, including soil
and/or groundwater sampling results, if warranted.
C. Hazardous materials management plan (HMMP). Any person, firm, or corporation who proposes to
store, handle, or dispense any hazardous material within the hazardous thresholds defined by the UBC
and UFC and within five hundred feet of any school or property zoned for residential use shall submit a
HMMP to the community development department for review and approval.
D. Disclosure. As part of all development applications, the applicant shall complete a hazardous waste and
substance sites disclosure form certifying that they have reviewed the current CAL-EPA hazardous
waste and substances sites list available in the community development department.
E. Information required. Applications for discretionary development projects that will generate, use or
store hazardous materials shall provide detailed information regarding waste reduction, recycling and
storage.
F. City review. The type of review required is dependaent on the location of the subject site and the type
and volume of hazardous materials being used. At the discretion of the community development
director, the building official, or the fire marshall, the applicant shall submit a written hazardous
materials management plan (HMMP) for approval by the city. The HMMP shall include detailed
information regarding the safe storage, handling, recycling, and waste reduction of hazardous or other
regulated materials, a transportation plan for using city streets to transport hazardous materials, and an emergency response plan in the event of a reportable release or threatened release of a hazardous
or other regulated material. The emergency response plan shall include, but not be limited to, the
following:
1. Procedures for the immediate notification to city, to the county fire department, and to the State
Office of Emergency Services;
2. Procedures for the mitigation of a release or threatened release to minimize any potential harm
or damage to persons, property, or the environment;
3. Evacuation plans and procedures for the business site, including immediate audible notice and
warning to all persons on the site.
(Ord. 2043 § 1 (part), 2004).
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21.18.090 Lighting design standards.
A. Exterior lighting. Exterior lighting shall be:
1. Architecturally integrated with the character of the structure(s);
2. Energy-efficient, and fully shielded or recessed; and
3. Completely turned off or significantly dimmed at the close of business hours when the exterior lighting
is not essential for security and safety, when located on parcels within nonresidential zoning districts.
B. Permanent lighting. Permanently installed lighting shall not blink, flash, or be of unusually high intensity or
brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving.
C. Shielding requirements. Outdoor lighting fixtures shall be designed and installed so that light rays are not
emitted across property lines, to the extent possible. Fixtures like the "shoe box" design are capable of
providing accurate light patterns and can be used for lighting parking lots without spilling onto the
neighboring property.
Figure 3-4
D. Design criteria.
1. External light fixtures, poles, and their foundation should be simple in design and compatible with and
complimentary to the style of surrounding development. Historical-themed fixtures are not
appropriate for a contemporary building design and modern fixtures are not appropriate for a
structure with a significant historical design theme. Simple and functional designs are considered to be
appropriate in most environments. Lighting standards should be of a scale that is compatible with their
surroundings. Pedestrian-style lighting (three to five feet high) should be installed in areas where foot
traffic is prevalent. Lighting fixtures for parking lots and private roadways should not be installed at a
height greater than twenty feet.
2. Color-corrected lamps of appropriate intensity should be used in exterior lighting. High-efficiency
lamps that alter the colors of objects at night are discouraged. Incandescent, fluorescent, color-
corrected sodium vapor and mercury lamps should be used because they provide light with an
appropriate color spectrum.
3. Lighting intensity should be the minimum required to serve the tasks for which the fixtures are
intended.
4. Exterior lighting should be considerate of both the neighbors and the community as a whole. Each new
lighting scheme should actively strive to reduce negative light impacts.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
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21.18.100 Nonresidential open space and recreational facilities.
This section provides standards and incentives for the provision of open space and recreational facilities in
nonresidential projects. The intent is to make commercial and industrial projects more attractive and pedestrian-
oriented through the provision of open spaces, including plazas, courtyards, benches, and outdoor eating and
seating areas.
A. Open space and recreation facilities incentives. Development incentive bonuses to encourage
extraordinarily high-quality pedestrian-oriented open spaces and recreation facilities may be granted
at the discretion of the planning commission or City Council. The types of bonus incentives that may be
available to eligible projects include, but are not limited to:
1. Reduced parking requirements; or
2. Increased lot coverage or FAR.
B. Configuration of open space. To ensure that the open space is well-designed, usable, and accessible,
the decision-making body shall employ the following standards and guidelines in evaluating proposed
open space and recreation facilities:
1. Open space and recreation facilities shall be located on-site;
2. Open space and recreation facilities shall be provided as continuous, usable site elements that
reinforce or enhance other aspects of the site plan, (e.g., as pedestrian networks, view corridors,
and environmental features).
3. Open space and recreation facility areas should be oriented to pedestrian circulation and should
incorporate seating, enhanced paving materials, lighting, courtyards, plazas, shade trees and/or
trellises, and landscaping.
4. The orientation of the open space should take advantage of natural sunlight and should be
sheltered from incompatible uses.
C. Allowed uses. Required open space shall not include driveways, public or private streets, utility
easements where the ground surface cannot be appropriately used for open space, parking spaces, or
other areas primarily intended for other functions.
D. Maintenance. Required common open space shall be controlled and permanently maintained by the
owner of the property.
(Ord. 2043 § 1(part), 2004).
21.18.110 Refuse and recycling storage areas.
A. Required storage area. In compliance with 6.04.080(b) of the Municipal Code, each commercial, industrial,
public, apartment, or multi-residential use shall have a refuse and recycling storage area.
B. Enclosure requirements. Refuse and recycling containers shall be located in an enclosure constructed and
consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry
wall and having a solid gate. An enclosure that is constructed within five feet of combustible surfaces shall
comply with the fire prevention requirements of Section 6.04.020. The enclosure shall be of a size sufficient
to accommodate the receptacles required by Section 6.04.020 of the Municipal Code or as otherwise
approved by the community development director as safe and adequate for the intended use.
C. Location requirements. Exterior storage area(s) shall not be located in a required front yard, side yard, or
rear yard setback. The enclosure shall be located as far as possible from any residential units that the
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enclosure is intended to serve. Driveways or aisles shall provide unobstructed access for collection vehicles
and personnel and provide at least the minimum clearance required by the collection methods and vehicles
utilized by the designated collector.
D. Maintenance requirements. The wall, gate, and surface inside the enclosure shall be kept in sound repair and
condition.
E. Use requirements. The refuse and recycling containers shall be kept in the enclosure at all times except when
being emptied by collection personnel.
F. Screening requirements for residential zoning districts. Except during the period of time specified in Chapter
6.04 of the Municipal Code, garbage, yard waste, and recycling containers shall not be placed, kept, or stored
within any front yard or street side yard on corner lots. Garbage, yard waste, and recycling containers shall
be fully screened from view from the public street right-of-way by a structure, fence, wall, or landscaping
that is as tall as the tallest container(s), unless otherwise approved by the community development director
upon finding that the property is physically constrained in such a way as to make the strict compliance with
the foregoing requirements impractical.
G. Screening requirements for commercial and industrial zoning districts. Refuse and recycling storage areas
shall be designed, located, and fully screened from view from the public street right-of-way.
(Ord. 2043 § 1(part), 2004).
21.18.120 Screening and buffering.
This section provides standards for the screening and buffering of adjoining land uses, equipment, outdoor
storage areas, and surface parking areas with respect to multi-family and nonresidential land uses.
A. Screening between different land uses. Fences and walls shall be provided and maintained between
different zoning districts in the following manner:
1. Wall height. An opaque screen consisting of plant material and a solid masonry wall or wooden
fence, not less than six feet in height, shall be installed along parcel boundaries whenever a
commercial or industrial development adjoins a residential zoning district and whenever a multi-
family zoning district adjoins a single-family residential zoning district. A fence or wall taller than
six feet in height may be allowed in compliance with Section 21.18.060, (Fences, walls, lattice,
and screens).
2. Architectural compatibility. The method of screening shall be architecturally compatible with the other on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
3. Pedestrian access. Pedestrian access may be provided through the required wall or fence.
4. Waiver. The decision-making body may waive or change the requirement for a screen wall/fence
if the development plan adequately provides for the integration of different adjacent land uses in
a way that avoids conflicts between the different uses; an existing wall or fence is in place that
meets or could be modified to meet the intent of this section; or a lesser screening is appropriate
due to the nature of the adjoining uses.
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Figure 3-5
Screening and Buffering Between Two Different Uses
B. Mechanical equipment. Uses that utilize mechanical equipment shall comply with the following:
1. Screened from public view. Roof or ground mounted mechanical equipment (e.g. air
conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service
yards, storage and waste areas, and utility services shall be screened from public view.
2. Architectural compatibility. The method of screening shall be architecturally compatible with the
other on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
C. Outdoor storage and work yards. Uses with outdoor storage of materials or operations shall comply
with the following:
1. Solid sight obscuring wall and gates. Outside uses shall be surrounded by a fence or a solid
masonry wall and gate, not less than six feet in height, of a type and design approved by the
approval authority. The wall and gate shall be maintained in a manner satisfactory to the
community development director. A fence or wall taller than six feet may be allowed in
compliance with Section 21.18.060, (Fences, walls, lattice and screens).
2. Architectural compatibility. The fence or wall shall be architecturally compatible with the other
on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
3. Operations within the screened area. Site operations in conjunction with an outdoor use,
including the loading and unloading of materials and equipment, shall be conducted entirely
within a screened area.
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Figure 3-6
(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1 (part), 2004).
21.18.130 Seismic and geologic hazards.
This section provides standards for geologic hazard reviews and report requirements to protect citizens from
building or developing in hazardous areas and to avoid personal injury and/or private and public losses.
A. All new development, remodels, and redevelopment shall comply with the uniform building code and
the California Building Code provisions regarding engineering and geotechnical analysis.
B. The type of geotechnical investigation required is dependent on the location of the subject site and the
extent of the proposed development. Official seismic hazard zone maps are on file with the community
development department and are the major basis for determination by the community development
director or building official whether a geotechnical report shall be required.
C. Where a geotechnical report is required, it shall be prepared by a certified engineering geologist and
submitted to the community development director for review and approval prior to final action on the
application. The conclusions and recommendations set forth in the geotechnical report shall become
the standards for review and shall govern development.
(Ord. 2043 § 1 (part), 2004).
21.18.140 Undergrounding of utilities.
All development and remodels, shall provide for the undergrounding of existing and proposed utility facilities
in compliance with this section, unless expressly exempted.
A. Definitions. As used in this section, the following terms shall have the meaning set forth below. All
other terms shall have the same meaning as defined in Chapter 21.72, (Definitions).
1. Addition means construction that expands a structure's existing gross floor area or replaces
existing floor area that was demolished.
2. Arterial street means a Class I Arterial or Class II Arterial, as identified by the City of Campbell
Roadway Classifications Diagram.
3. Collector street means a commercial/industrial collector or residential collector, as identified by
the City of Campbell Roadway Classifications Diagram.
4. Remodel means any rebuilding or structural alteration which changes the supporting members of
a structure, such as bearing walls, columns, beams or girders. It shall not include interior tenant
improvements or structural alterations solely to meet code.
B. Applicability. The following site improvements require the undergrounding of utility services as set
forth below:
1. Service lines. Excluding utility poles, new utilities, and all existing overhead utility lines, serving
property located along an arterial or collector street shall be installed underground with:
a. Construction of a single-family dwelling, except when located along a residential collector
street;
b. Construction of a residential development with two or more dwelling units;
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c. Construction of a non-residential main structure;
d. An addition, remodel, or combination thereof, to an existing non-residential main structure
that remodels or expands the structure's existing gross floor area by fifty percent or more
in the aggregate over the preceding five-year period;
e. An addition to an existing single-family dwelling that within a five-year period adds and/or
replaces fifty percent or more to the dwelling's gross floor area except when located along
a residential collector street. Existing and/or new detached garages, accessory dwelling
units, and other fully enclosed accessory structures shall be considered in this section; and
f. A residential or non-residential subdivision that is subject to the provisions of Title 20,
(Subdivision and Land Development) of the Campbell Municipal Code.
A variance to the requirements of this subsection may be granted in compliance with Chapter
21.48, (Variances).
2. Frontage lines and poles. Existing utility poles and associated overhead utility lines located along
an arterial or collector street abutting the frontage(s) of a development site shall be removed and
the utilities replaced underground in association with the site improvements set forth below:
a. Construction of a non-residential main structure;
b. Construction of a residential development with five or more dwelling units; and
c. A residential or non-residential subdivision that is subject to the provisions of Title 20,
(Subdivision and Land Development) of the Campbell Municipal Code resulting in five or
more parcels, exclusive of parcels created solely to provide access into a development site.
A variance to the linear feet of overhead utility lines to be replaced underground may be granted
in compliance with Chapter 21.48, (Variances).
C. Development requirements. As required by this section, all new and existing electric,
telecommunications, and cable television lines to be installed on the site to serve a proposed
development shall be installed underground at the time of development except for surface mounted
transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts and other
similar equipment appurtenant to underground facilities. All utilities shall be taken from the nearest
aboveground utility service. No new poles or overhead lines shall be allowed, except as determined
necessary by the city engineer to accomplish the removal of frontage lines and poles required by
subsection B.2, above.
D. Screening Requirements. Aboveground equipment (e.g., utility control boxes and similar cabinets) shall
be screened from view and deterred from graffiti vandalism by using a combination of landscaping and
screen walls.
E. Exemptions. The requirements of this section do not apply to:
1. Existing or proposed major electrical transmission lines;
2. A service upgrade, modification, or relocation of an existing electrical panel that is unrelated to
site improvements that would otherwise require undergrounding of utilities in compliance with
this section, and which would not result in an increase in overhead utility line length;
3. Underground installations that would require substantially crossing the rear yard of an adjacent
single-family residential property; and
4. Underground installations precluded by a topographical, soil, or other environmental condition.
5. Single family dwellings on property located along a local or residential collector street.
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Applicability of an exemption shall be determined by the community development director, which may
be appealed as an interpretation of this Code in compliance with Section 21.02.030 (Procedures for
interpretations).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2166, § 2(Exh. A), 5-7-2013; Ord. No. 2202, § 2(Exh. A), 5-17-2016; Ord. No. 2216, § 9, 12-12-2016)
Title 21 - ZONING
Chapter 21.20 DENSITY BONUS AND OTHER HOUSING INCENTIVES FOR AFFORDABLE RESIDENTIAL UNITS, SENIOR
HOUSING AND CHILDCARE FACILITIES*
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:00 [EST]
(Supp. No. 37)
Page 1 of 22
Chapter 21.20 DENSITY BONUSES AND OTHER HOUSING INCENTIVES FOR
AFFORDABLE RESIDENTIAL UNITS, SENIOR HOUSING AND CHILDCARE
FACILITIES*
* Prior ordinance history: Ord. 2043.
21.20.010 Purpose.
The purposes of this chapter is to specify how compliance with State Density Bonus Law pursuant to Sections
65915 to 65918 of the California Government Code will be implemented as required by California Government
Code Section 65915(a). of the Campbell Municipal Code, Revised are: (1) to provide incentives for the production
of housing for very low-income, low-income, moderate-income, and senior households; (2) to provide incentives
for the creation of rental housing serving lower and moderate-income households; (3) to provide incentives for the
construction of childcare facilities serving very low-, low-, and moderate-income households; and (4) to implement
Sections 65915, 65915.5 and 65917 of the California Government Code as required by Government Code Section
65915(a). In enacting this chapter it is also the intent of the cCity of Campbell to implement the goals, objectives,
and policies of the city's General Plan Housing Element, which includes a programgoal to encourage the provision
of housing affordable to a variety of household income levels and identifies a density bonus policy as one method
to encourage the development of affordable housing (Program H-5s) ( Policy H-5.2 Regulatory Incentives, Program
5.2(a) Density Bonus).
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 1, 8-2-2016)
21.20.020 Definitions.
For the purposes of this chapter, the following definitions shall apply. All terms used in this Chapter that are
defined in Chapter 21.72 (Definitions) shall have the meaning established in Chapter 21.72 (Definitions). Where
terms that are defined in the Sections 65915 to 65918 of the California Government Code are inconsistent with the
definitions of the same terms set forth in Chapter 21.72 (Definitions) of the Campbell Municipal Code, the meaning
of the terms defined in Sections 65915 to 65918 of the California Government Code sections shall prevail.
"Acutely low-income household" means a household whose household income does not exceed the acutely
low-income limits applicable to Santa Clara County, as published and periodically updated by the State Department
of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
"Affordable ownership cost" means average monthly housing costs, during the first calendar year of a
household's occupancy, as determined by the city, including mortgage payments, loan issuance fees, if any,
property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance,
and homeowners association dues, if any, which do not exceed the following:
1. For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of
area median income, adjusted for assumed household size based on presumed occupancy levels of one
person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom
unit and one additional person for each additional bedroom thereafter;
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2. For lower-income households: one-twelfth of thirty percent of seventy percent of area median income,
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter;
3. For very low-income households: one-twelfth of thirty percent of fifty percent of area median income
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter;
4. For extremely low-income households: one-twelfth of thirty percent of thirty percent of area median
income adjusted for assumed household size based on presumed occupancy levels of one person in a
studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter;
4. For acutely low-income households: one-twelfth of thirty percent of fifteen percent of area median
income adjusted for assumed household size based on presumed occupancy levels of one person in a
studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter;
“Affordable rent” shall have the same meaning as provided for in California Government Code section 65915;
“Base density” means the total number of housing units excluding “density bonus units” provided by the
project, divided by the project lot acreage as determined in accordance with this Title, rounded up to the next
whole number;
“Base units” means the total number of living units excluding density bonus units provided by the project;
“Density bonus units” mean the units granted by this Chapter in excess of the otherwise allowable maximum
residential density;
"Extremely low-income household" means a household whose household income does not exceed the
extremely low-income limits applicable to Santa Clara County, as published and periodically updated by the State
Department of Housing and Community Development pursuant to Section 50105 of the California Health and
Safety Code;
"Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living
quarters with cooking, sleeping and bathroom facilities. For the purposes of this Chapter, Accessory Dwelling Units
(ADUs) and Junior Accessory Dwelling Units (JADUs) shall not count as living units;
“Maximum base density” means the total number of living units per acre as excluding density bonus units
allowable on the project site in accordance with this Title and the General Plan divided by the project lot acreage
as determined in accordance with this Title, rounded up to the nearest whole number;
“Maximum allowable base units” mean the total number of living units excluding density bonus units that
are allowable on the project site in accordance with this Title and the General Plan;
“Percentage density bonus” shall be the same as set forth in California Government Code sections 65915
through 65918;
“Target Units” means living units that will be restricted for sale or rent to qualifying residents at an
affordable ownership cost or affordable rental cost in order to qualify a housing project for a density bonus;
"Within one-half mile of a major transit stop" means that all parcels within the project have no more than
twenty-five percent of their area farther than one-half mile from the stop or corridor and not more than ten
percent of the residential units or one hundred units, whichever is less, in the project are farther than one-half
mile from the stop or corridor.
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For purposes of this chapter, the following definitions shall apply. Unless specifically defined below, words or
phrases shall be interpreted as to give this chapter its most reasonable interpretation.
21.20.030 Applicability.
A. Applicability. A "housing development project" as defined in Chapter 21.72 (Definitions) shall be eligible
for a density bonus and other regulatory incentives that are provided by Sections 65915 to 65918 of the
California Government Code when the applicant seeks and agrees to provide housing in the categories
and/or in the below-market rate affordability threshold amounts specified in Sections 65915 to 65918 of
the California Government Code. These benefits may be sought in addition to other benefits provided by
the Campbell Municipal Code.
21.20.040 Application requirements.
A. Housing Incentives Request. Any applicant requesting a density bonus and any incentive(s), waiver(s), or
parking reductions pursuant to Sections 65915 to 65918 of the California Government Code or other
benefits provided by the Campbell Municipal Code shall submit a Housing Incentives Request as described
below concurrently with the filing of the planning application for the first discretionary permit required
for the housing development. Any requests for housing incentives shall be processed concurrently with
the planning application.
B. The housing incentives request shall include the following minimum information:
1. Requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and
general plan excluding any density bonus units, proposed affordable units by income level,
proposed bonus percentage, number of density bonus units proposed, total number of
dwelling units proposed on the site, and resulting density in units per acre;
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number and
location of all proposed units, designating the location of proposed affordable units and
density bonus units;
c. The zoning and general plan designations and assessor's parcel number(s) of the housing
development site;
d. Calculation of the maximum number of dwelling units permitted by the city's zoning
regulations and general plan for the housing development, excluding any density bonus
units;
e. A description of all dwelling units existing on the site in the five-year period preceding the
date of submittal of the application and identification of any units rented in the five-year
period. If dwelling units on the site are currently rented, income and household size of all
residents of currently occupied units. If any dwelling units on the site were rented in the
five-year period but are not currently rented, the income and household size of residents
occupying dwelling units when the site contained the maximum number of dwelling units, if
known;
f. Description of any recorded covenant, ordinance, or law applicable to the site that restricted
rents to levels affordable to below-market rate income households in the five-year period
preceding the date of submittal of the application; and
g. If a density bonus is requested for a land donation, the location of the land to be dedicated,
proof of site control, and information that each of the requirements included in Government
Code Section 65915(g) can be met.
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2. Requested incentive(s). In the event an application proposes incentives pursuant to Government Code
Section 65915, the Housing Incentives Request shall include the following minimum information for
each incentive requested:
a. The city's usual development standard and the requested development standard or
regulatory incentive; and
b. Information that any requested incentive will reduce the cost of the housing development.
3. Requested waiver(s). In the event an application proposes waivers of development standards pursuant
to Government Code Section 65915, the housing incentives request shall include the following
minimum information for each waiver requested:
a. The city's usual development standard and the requested development standard; and
b. Information that the development standards for which a waiver is requested will have the
effect of physically precluding the construction of a development at the densities or with the
concessions or incentives permitted by Government Code Section 65915.
4. Requested parking reduction. In the event an application proposes a parking reduction pursuant to
Government Code Section 65915(p), a table showing parking required by the zoning regulations and
parking proposed under Section 65915(p).
5. Child care facility. If a density bonus or incentive is requested for a child care facility, information that
all of the requirements included in Government Code Section 65915(h) can be met.
6. Condominium conversion. If a density bonus or incentive is requested for a condominium conversion,
information that all of the requirements included in Government Code Section 65915.5 can be met.
21.20.050 Calculation.
A. Number of units. In determining the total number of units to be granted, each component of any density
calculation, including base density and bonus density, resulting in fractional units shall be separately rounded
up to the next whole number. When calculating the number of affordable units needed for a given density
bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number. The
allowable density bonus is computed as follows:
Step 1. Calculate the percentage that the number of “target units” is of the total base units, rounding up to
the next whole number;
Step 2. Using the percentage calculated in Step 2, identify the corresponding percentage density bonus from
California Government Code sections 65915 through 65918;
Step 3. Determine the number of allowable density bonus units by multiplying the percentage density bonus
times the maximum allowable base units, and rounding up to the next whole number.
B. Each housing development is entitled to only one density bonus. If a housing development qualifies for a
density bonus under more than one income category or additionally for the category of housing to be
provided, the applicant shall select the category under which the density bonus is granted. Density bonuses
from more than one category may not be combined.
C. The density bonus units shall not be included in determining the number of affordable units required to
qualify a housing development for a density bonus pursuant to Government Code Section 65915.
E. The applicant may elect to accept a lesser percentage of a density bonus than the housing development is
entitled to, including the utilization of no added density, but no reduction will be permitted in the
percentages of required affordable units contained in Government Code Section 65915(b), (c), and (f).
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E. A housing development may receive credit toward satisfying any inclusionary units required by Chapter
21.24 (Inclusionary Housing Ordinance), when providing below-market rate units at the same, or a lower
level of affordability, than specified in Sections 65915 to 65918 of the California Government Code.
21.20.060 Incentives.
A. State incentives.
1. Incentives and concessions. The number of incentives that may be requested shall be based upon the
number the applicant is entitled to pursuant to Government Code Section 65915. Each deviation from
a specific requirement of the Municipal Code or General Plan shall be treated as a separate incentive or
concession.
B. Local incentives.
1. Financial Incentives. Nothing in this Chapter requires the provision of direct financial incentives for the
housing development, including, but not limited to, the provision of financial subsidies, publicly owned
land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to
provide such direct financial incentives.
2. Density bonus for providing acutely- or extremely very low-income units. Projects providing 5% of the
total living units as target units restricted to acutely or extremely very low-income households, not
otherwise credited by another law or provision, shall receive a density bonus of 30% that shall not be
combined with any other density bonus.
21.20.070 Review procedures.
All requests for density bonus, incentives, parking reductions, or waivers shall be considered and acted upon
by the same approval body with authority to approve the housing development project, that would be required if
the density bonus, incentive, parking reduction, or waivers were not a part of the development proposal.
21.20.080 Affordable housing agreement and senior housing agreement.
A. Except where a density bonus is provided for a market-rate senior housing development, the applicant shall
enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be
executed by the city manager, to ensure that the requirements of this subsection are satisfied. The
affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55
years or a longer period of time if required by the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each
affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.
B. Where a density bonus is provided for a market-rate senior housing development, the applicant shall enter
into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be
executed by the city manager, to require that the housing development be operated as "housing for older
persons" consistent with State and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded against the
housing development prior to final or parcel map approval, or, where a map is not being processed, prior to
issuance of building permits for the housing development. The affordable housing agreement or senior
housing agreement shall be binding on all future owners and successors in interest.
21.20.090 Construction phasing.
A. Permit Issuance and Final. The city may not issue building permits for more than fifty percent of the market
rate units until it has issued building permits for all of the affordable units, and the city may not approve any
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final inspections or certificates of occupancy for more than fifty percent of the market rate units until it has
issued final inspections or certificates of occupancy for all of the affordable units.
21.20.100 Condition and location.
A. Appearance and quality. Affordable units shall be comparable in exterior appearance and overall quality of
construction to market-rate units in the same housing development. Interior finishes and amenities may
differ from those provided in the market rate units, but neither the workmanship nor the products may be of
substandard or inferior quality as determined by the city. Further, if air conditioning is provided for the
market-rate units, all affordable units shall also be provided with air conditioning.
B. Distribution. The assignment of below-market rate units shall be proportionally distributed in terms of
bedroom count, product type, and location (i.e., distributed proportionally by building, floors, and
geography). In the event that an inequal distribution of units by income level would occur, the units with the
greatest number of bedrooms shall be provided.
21.20.110 Priority
A. Priority for rental or purchase of units. Preference in the rental or purchase of affordable units shall be the
same as provided in Section 21.24.040.F of the city’s Inclusionary Ordinance.
21.20.120 Interpretation.
A. If any portion of this subsection conflicts with Government Code Section 65915 or other applicable state law,
state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent
with Government Code Section 65915 and Government Code Section 65915(r).
"Affordable ownership cost" means average monthly housing costs, during the first calendar year of a
household's occupancy, as determined by the city, including mortgage payments, loan issuance fees, if any,
property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance,
and homeowners association dues, if any, which do not exceed the following:
1. For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of
area median income, adjusted for assumed household size based on presumed occupancy levels of one
person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom
unit and one additional person for each additional bedroom thereafter;
2. For lower-income households: one-twelfth of thirty percent of seventy percent of area median income,
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter;
3. For very low-income households: one-twelfth of thirty percent of fifty percent of area median income
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one
additional person for each additional bedroom thereafter.
"Affordable rent" means monthly rent, including utilities and all fees for housing services, which does not
exceed the following:
1. For lower-income households: one-twelfth of thirty percent of sixty percent of area median income,
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one
additional person for each additional bedroom thereafter;
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2. For very low-income households: one-twelfth of thirty percent of fifty percent of area median, adjusted
for assumed household size based on presumed occupancy levels of one person in a studio apartment,
two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person
for each additional bedroom thereafter.
"Applicant" means a person or entity who applies for a residential project and, if the applicant does not own
the property on which the residential project is proposed, also means the owner or owners of the property.
"Area median income" means area median income for Santa Clara County as published pursuant to California
Code of Regulations, Title 25, Section 6932, (or its successor provision).
"Childcare facility" means a commercial child day care facility defined in Campbell Municipal Code, Revised
Section 21.72.020 as a commercial or non-profit child day care facility not operated as a small or large child day
care home and includes infant facilities, preschools, sick child facilities and school-age day care facilities.
"Density bonus" means a density increase, granted pursuant to this chapter, over the otherwise allowable
maximum residential density on a site.
"Density bonus units" means living units granted pursuant to this chapter which exceed the otherwise
allowable maximum residential density for a residential project.
"Development standard" means a condition that applies to the actual construction or physical site of a
residential project (as opposed to standards for entitlement processing or fees) pursuant to any ordinance, general
plan element, specific plan, or other local condition, law, policy, resolution or regulation.
"First approval" means the first of the following approvals to occur with respect to a residential project:
building permit, planned development permit, tentative parcel map, tentative subdivision map, conditional use
permit, site and architectural review permit, or other discretionary city land use approval.
"Household income" means the combined adjusted gross income for all adult persons living in a living unit as
calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or
its successor.
"Incentives and concessions" means regulatory concessions as listed in Sections 21.20.050 and 21.20.110.
"Inclusionary unit" means an ownership or rental living unit which is required under Chapter 21.24 to be
rented at affordable rents or sold at an affordable ownership cost to specified households.
"Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living
quarters with cooking, sleeping and bathroom facilities.
"Lower-income household" means a household whose household income does not exceed the lower income
limits applicable to Santa Clara County, as published and periodically updated by the California Department of
Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Major transit stop" means an existing site, or a site included in the applicable regional transportation plan,
containing a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of
two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning
and afternoon peak commute periods.
"Market rate unit" means a living unit, which is not a target unit or an inclusionary unit.
"Maximum residential density" means the maximum number of living units permitted by the zoning
ordinance on the date an application for a residential project is deemed complete. This definition is used to
calculate a density bonus pursuant to this chapter.
"Minor modification" means a modification that is technical in nature, as opposed to substantive or material.
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"Moderate-income household" means a household whose household income does not exceed the moderate
income limits applicable to Santa Clara County, as published and periodically updated by the California Department
of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
"Qualifying resident" means a senior citizen or other person eligible to reside in a senior housing project.
"Replace" shall mean:
1. As to dwelling units that are occupied on the date of application, "replace" shall mean to provide at
least the same number of units of equivalent size or type, or both, to be made available at affordable
rent or affordable housing cost to, and occupied by, persons and families in the same or lower income
category as those households in occupancy;
2. As to dwelling units have been vacated or demolished in the five-year period preceding the application,
"replace" shall mean to provide at least the same number of units of equivalent size or type, or both, as
existed at the highpoint of those units in the five-year period preceding the application to be made
available at affordable rent or affordable housing cost to, and occupied by, persons and families in the
same or lower income category as those persons and families in occupancy at that time, if known. If
the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of
the required units shall be made available at affordable rent or affordable housing cost to, and
occupied by, very low income persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-income persons and families.
"Residential project" means any parcel map, subdivision map, conditional use permit, site and architectural
review permit, building permit, or other city approval, which authorizes the construction of five or more living
units.
"Senior housing project" means a senior citizen residential development of thirty-five living units or more as
defined in California Civil Code Section 51.3, or a mobilehome park that limits residency based on age
requirements for older persons pursuant to California Civil Code Section 798.76 or 799.5.
"Special needs housing" means any housing, including supportive housing, intended to benefit, in whole or in
part, persons identified as having special needs relating to any of the following: Mental health; Physical disabilities;
Developmental disabilities, including, but not limited to, intellectual disability, cerebral palsy, epilepsy, and autism;
the risk of homelessness; or housing intended to meet the housing needs of persons eligible for mental health
services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare
and Institutions Code.
"Target units" means living units that will be restricted for sale or rent to qualifying residents or will be
restricted for sale or rent to, and affordable to, very low-, lower- or moderate-income households thereby
qualifying a residential project for a density bonus under this chapter. Inclusionary units may not be target units
unless they are offered at a lower income category as explained in Section 21.20.100(6).
"Unobstructed access" means a resident is able to access a major transit stop from a residential project
without encountering natural or constructed impediments.
"Within one-half mile of a major transit stop" means that all parcels within the project have no more than
twenty-five percent of their area farther than one-half mile from the stop or corridor and not more than ten
percent of the residential units or one hundred units, whichever is less, in the project are farther than one-half
mile from the stop or corridor.
"Very low-income household" means a household whose household income does not exceed the very low
income limits applicable to Santa Clara County, as published and periodically updated by the State Department of
Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
(Ord. 2102 § 1(part), 2008).
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(Ord. No. 2206, § 2, 8-2-2016)
21.20.030 Eligibility for density bonuses.
1. A residential project is eligible for a density bonus if it:
a. Creates at least five additional living units, not including any density bonus units;
b. Includes a request for a density bonus as part of an application for the first approval of a residential
project; and
c. Meets the criteria for a density bonus established in Sections 21.20.030, 21.20.040, 21.20.060,
21.20.070 or 21.20.080.
2. A residential project shall be ineligible for a density bonus, incentive, concession, waiver, or modified parking
provided by this Chapter unless it provides all replacement housing required in accordance with Section
21.20.080 of this Chapter.
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 3, 8-2-2016)
21.20.040 Density bonuses for affordable and senior housing.
1. Very Low- and Lower-Income Housing and Senior Housing. A residential project is eligible for a twenty
percent density bonus if the applicant seeks a density bonus and agrees to provide one of the following:
a. Ten percent of the total living units as target units affordable to lower-income households;
b. Five percent of the total living units as target units affordable to very low-income households; or
c. A senior housing project.
2. Moderate-Income Housing. A residential project is eligible for a five percent density bonus if it meets all of
the following criteria:
a. The applicant seeks a density bonus and agrees to provide at least ten percent of the total living units
as target units affordable to moderate-income households;
b. The residential project is a common interest development as defined by Section 1351 of the California
Civil Code; and
c. All of the living units in the residential project are offered to the public for purchase.
3. Additional Density Bonus. The density bonus for which the residential project is eligible shall increase if the
percentage of target units affordable to very low-, lower-, and moderate-income households exceeds the
base percentage established in subsections (1) and (2) above, as follows:
a. Very Low-Income Units. For each one percent increase above five percent in the percentage of target
units affordable to very low-income households, the density bonus shall be increased by two and one-
half percent up to a maximum of thirty-five percent.
b. Lower-Income Units. For each one percent increase above ten percent in the percentage of target units
affordable to lower-income households, the density bonus shall be increased by one and one-half
percent up to a maximum of thirty-five percent.
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c. Moderate-Income Ownership Units. For each one percent increase above ten percent of the
percentage of target units reserved for sale at an ownership cost affordable to moderate-income
households, the density bonus shall be increased by one percent up to a maximum of thirty-five
percent.
(Ord. 2102 § 1(part), 2008).
21.20.050 Incentives and concessions for affordable housing.
An applicant for a density bonus may seek incentives and concessions as follows:
1. One incentive or concession for residential projects where, based on affordable rents or ownership
costs, at least ten percent of the total units are target units affordable to lower-income households, at
least five percent of the total units are target units affordable to very low-income households, or at
least ten percent of the total units are target units affordable to moderate-income households at
affordable ownership costs;
2. Two incentives or concessions for residential projects where at least twenty percent of the total units
are target units affordable to lower-income households based on affordable rents or ownership costs,
at least ten percent of the total units are target units affordable to very low income, or at least twenty
percent of the total units are target units affordable to moderate-income households at affordable
ownership costs;
3. Three incentives or concessions for residential projects where at least thirty percent of the total units
are target units affordable to lower-income households based on affordable rents or ownership costs,
at least fifteen percent of the total units are target units affordable to very low-income households, or
at least thirty percent of the total units are target units affordable to moderate-income households at
affordable ownership costs.
(Ord. 2102 § 1(part), 2008).
21.20.060 Density bonus for land dedication.
A residential project may be eligible for a density bonus when an applicant for a residential project chooses
to dedicate land to the city for the construction of very low-income housing as specified in California Government
Code Section 65915(h).
(Ord. 2102 § 1(part), 2008).
21.20.070 Density bonus or incentive for childcare facilities.
A residential project that is eligible for a density bonus and includes a childcare facility that will be located on
the premises of, as part of, or adjacent to the residential project, may be eligible for an additional density bonus or
an additional concession or incentive that contributes significantly to the economic feasibility of the construction
of the childcare facility as specified in Government Code Section 65915(i).
(Ord. 2102 § 1(part), 2008).
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21.20.080 Density bonus for properties with existing rental units.
1. A residential project for a conversion of existing rental apartments to condominiums may be eligible for a
density bonus or other incentives of equivalent financial value as specified in Government Code Section
65915.5.
2. A residential project shall be ineligible for a density bonus incentive, concession, waiver, or modified parking
provided by this Chapter if the housing development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or have been (if the dwelling units have been vacated or
demolished in the five-year period preceding the application) subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and families of lower or very low income, subject to
any other form of rent or price control through the City's valid exercise of its police power, or occupied by
lower or very low income households, unless the proposed housing development replaces those units, and
either of the following applies:
a. The proposed housing development, inclusive of the units replaced pursuant to this Chapter contains
affordable units at the percentages set forth in this Chapter.
b. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by,
either a lower or very low income household.
3. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded affordability
restriction for at least fifty-five years. If the proposed development is for-sale units, the units replaced shall
be subject to the applicable provisions of this Chapter.
(Ord. No. 2206, § 4, 8-2-2016)
Editor's note(s)—Ord. No. 2206, § 4, adopted Aug. 2, 2016, amended § 21.20.080 in its entirety to read as herein
set out. Former § 21.20.080 pertained to density bonus for condominium conversions and derived from Ord.
2102, § 1(part), adopted in 2008.
21.20.090 Summary tables.
The following table summarizes the available density bonuses, incentives, and concessions.
Density Bonus Summary
1. Very Low Income. If providing Very-Low-Income units, the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
2. Low Income. If providing Low Income units, the density bonus shall be calculated as follows:
Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
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13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
3. Moderate Income. If providing Moderate Income units, the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
4. Senior Citizen Housing. If providing senior citizen housing, the density bonus shall be twenty percent of the
number of senior housing units.
5. Conversion. If converting apartments to a condominium project in compliance with Chapter 21.24, the
density bonus shall be twenty-five percent when an applicant agrees to provide at least thirty-three percent of
the total units of the proposed condominium project to persons and families of low or moderate income or
fifteen percent of the total units of the proposed condominium project to lower income households.
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6. Land Donation. If, as part of a tentative subdivision map, parcel map, or other residential development
approval, the applicant dedicates land to the City for affordable housing, the applicant shall be entitled to a
fifteen-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:
Percentage Very Low Income Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 5, 8-2-2016)
21.20.100 Calculation of density bonus.
1. When calculating the number of permitted density bonus units, any calculations resulting in fractional units
shall be rounded up to the next larger whole number.
2. The density bonus units shall not be included in the "total units" when determining the number of target
units required to qualify a residential project for a density bonus pursuant to Section 21.20.040(1) or (2).
When calculating the required number of target units, any calculations resulting in fractional units shall be
rounded up to the next larger whole number.
3. The applicant may request a lesser density bonus than the project is entitled to, but no reduction may be
permitted in the number of target units or land dedication required to qualify a residential project for a
density bonus. Regardless of the number of target units or size of land dedication, no residential project may
be entitled to a total density bonus of more than thirty-five percent.
4. Each residential project is entitled to only one density bonus, which may be selected by the applicant based
on the percentage of either very low-income units, lower-income units, or moderate-income ownership
units, or the project's status as a senior housing project. Density bonuses from more than one category may
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not be combined, except that bonuses for land dedication pursuant to Section 21.20.060 may be combined
with bonuses granted pursuant to Section 21.20.040, up to a maximum of thirty-five percent, and an
additional square footage bonus for childcare facilities may be granted as described in Section 21.20.070.
5. Land dedications that qualify a project for a density bonus do not fulfill the inclusionary housing
requirements set forth in Chapter 21.24.
6. If an applicant desires affordable units to satisfy both the inclusionary requirements set forth in Chapter
21.24 and State density bonus requirements, the units must meet both the criteria of Chapter 21.24 and the
State density bonus requirements as applied under this Chapter.
Example: An applicant proposes to develop a one hundred-unit residential for-sale project and seeks a twenty
percent density bonus by reserving five percent of the living units, or five living units, for very low-income
households.
The inclusionary requirements in Chapter 21.24 require that fifteen percent of the living units in a residential for-
sale project shall be sold at affordable ownership cost to lower-income households and moderate-income
households. Therefore an additional ten inclusionary units are needed to meet the fifteen percent inclusionary
requirement. The income unit break down for this one hundred-unit project could be as follows:
Example
Inclusion-
ary Units
Target Units DB Units Remaining
Units
Total
Very low
income:
5 5
Lower income: 2 2
Moderate
income:
8 8
Market rate: 20 85 105
Total units: 120
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 6, 8-2-2016)
21.20.110 Standards for incentives and concessions; waiver or modification of development
standards.
1. Concessions and incentives may be approved by the planning commission, unless the residential project or
concessions otherwise require approval by the City Council. The applicant shall provide a pro forma
demonstrating to the city that the requested concession or incentive results in identifiable, financially
sufficient, and actual cost reductions to the project pursuant to California Government Code Section
65915(l)(1). For purposes of this chapter, as defined in Government Code Section 65915(l), concessions and
incentives means any of the following:
a. A reduction in site development standards or a modification of zoning code requirements that exceed
the minimum building standards approved by the California Building Standards Commission as
provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage requirements and in the ratio
of vehicular parking spaces that would otherwise be required that results in identifiable, financially
sufficient and actual cost reductions.
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b. Approval of mixed use zoning in conjunction with the residential project if commercial, office,
industrial, or other land uses will reduce the cost of the residential project and if the commercial,
office, industrial, or other land uses are compatible with the residential project and the existing or
planned development in the area where the proposed residential project will be located.
c. Other regulatory incentives or concessions proposed by the developer or the city that result in
identifiable, financially sufficient and actual cost reductions.
2. Waiver or Modification. Applicants may also seek a waiver or modification of development standards that
will have the effect of precluding the construction of a residential project meeting the criteria of Sections
21.20.030 and 21.20.040(1) or (2) at the densities or with the incentives or concessions permitted by this
section. The applicant shall show: (1) that the development standards will preclude construction, and (2) the
waiver or modification is necessary to make the residential project economically feasible based upon
appropriate financial analysis and documentation as specified in Section 21.20.130.
3. Nothing in this section requires the city to provide direct financial incentives for the residential project,
including, but not limited to, the provision of publicly owned land or waiver of fees or dedication
requirements.
4. For purposes of this chapter, concessions and incentives include reductions in site development standards or
modifications of zoning code, and other incentives or concessions defined in Government Code Section
65915(l) that result in identifiable, financially sufficient and actual cost reductions. The approved set of
concessions includes the following:
a. Reduction in required on-site parking as described in CMC Section 21.20.120(4);
b. Expedited processing pursuant to a mutually agreed upon schedule (with appropriated indemnification
language);
c. Deferral of the collection of impact fees on market rate units until issuance of a certificate of
occupancy.
(Ord. 2102 § 1(part), 2008).
21.20.120 Standards for density bonus residential developments.
1. Target units qualifying a residential project for a density bonus shall remain affordable as follows:
a. Rental target units shall remain affordable to the designated income group for a minimum of fifty-five
years or for a longer period of time if required by any construction or mortgage financing assistance
program, mortgage insurance program, rental subsidy program applicable to the living units.
2. All target units shall be reasonably dispersed throughout the residential project and shall be comparable to
the design of the market rate units in terms of distribution of model types, number of bedrooms,
appearance, materials and finished quality of the market rate units in the development. There shall not be
significant identifiable differences between target and market rate units visible from the exterior, and the
size and design of the target units shall be reasonably consistent with the market-rate units in the
development. Target units shall have the same access to project amenities and recreational facilities as
market rate units.
3. All building permits for target units qualifying a residential project for a density bonus shall be issued
concurrently with, or prior to, issuance of building permits for the market rate units, and the target units
shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits
and final inspections for target units qualifying a residential project for a density bonus shall be approved
concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.
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The time requirements set forth in this subsection for issuance of building permits for market rate units and
for final inspections for occupancy for market rate units may be modified to accommodate phasing
schedules, model variations, or other factors in a residential project, if the city determines this will provide
greater public benefit and a detailed schedule for construction or occupancy of the target units is included in
the affordable housing plan, as described in Section 21.20.130.
4. Parking Standards.
a. Upon the request of the developer, the city shall not require off-street parking for a residential project
meeting the criteria of Sections 21.20.030 and 21.20.040 that exceeds the following:
(1) Studio to one-bedroom units: one on-site parking space;
(2) Two to three-bedroom units: two on-site parking spaces;
(3) Four and more bedroom units: two and one-half parking spaces.
b. Upon the request of the developer, the city shall not require a vehicular parking ratio that exceeds the
following ratios for housing developments that are eligible for a density bonus and meet the criteria
below. However, if the city, at its cost, has conducted an area wide or citywide parking study in the last
seven years, then the city may find, based on substantial evidence, that a higher parking ratio is
required than shown in the following table. In no event may the required parking be greater than the
ratio provided in subsection (a) of this section. The parking study must conform to the requirements of
Government Code Section 65915(p)(7).
Type of development Off-street
parking
spaces
Rental or ownership housing development with:
1. At least 11% very low income or 20% lower income units; and
2. Within one-half mile of a major transit stop; and
3. Unobstructed access to the major transit stop.
0.5 per bedroom
Rental housing development with:
1. All units affordable to lower income households except manager's unit(s); and
2. Within one-half mile of a major transit stop; and
3. Unobstructed access to the major transit stop.
0.5 per unit
Senior citizen rental housing development with All units affordable to lower income
households except manager's unit(s); and either has paratransit service or is within one-
half mile of fixed bus route service that operates eight times per day, with unobstructed access to that service.
0.5 per unit
Special needs rental housing development with all units affordable to lower income
households except manager's unit(s) and either has paratransit service or is within one-
half mile of fixed bus route service that operates eight times per day, with unobstructed
access to that service.
0.3 per unit
c. Guest parking and handicapped parking shall be included within the maximum number of spaces that
may be required. If the total number of parking spaces required for a residential project is other than a
whole number, the number shall be rounded up to the next whole number. For purposes of this
section, a residential project may provide on-site parking through tandem parking or uncovered
parking, but not through on-street parking.
(Ord. 2102 § 1(part), 2008).
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(Supp. No. 37)
Page 17 of 22
(Ord. No. 2206, §§ 7, 8, 8-2-2016)
21.20.130 Affordable housing plan submittal; requirements for application for density bonus
and other incentives.
1. An application for a density bonus, incentive, concession, waiver, modification, or reduced parking standard
pursuant to this chapter shall be submitted as part of the first approval of the residential project. It shall be
included in an affordable housing plan and processed concurrently with all other applications required for
the residential project.
2. Upon submittal, the community development director shall determine if the affordable housing plan is
complete and conforms to the provisions of this chapter. No application for a first approval for a residential
project requesting a density bonus, incentives, concessions, waivers, or reduced parking standards may be
deemed complete unless an affordable housing plan is submitted conforming to the provisions of this
section.
3. The affordable housing plan shall include the following information:
a. A description of any requested density bonuses, incentives, concessions, waivers. modifications of
development standards, or reduced parking standards;
b. Identification of the base project without the density bonus, number and location of all target units
qualifying the project for a density bonus, level of affordability of the target units, and identification of
the bonus units;
c. The preferences given in selecting occupants shall be set forth;
d. For all incentives and concessions except those listed in Section 21.20.110(2), a pro forma
demonstrating that the requested incentives and concessions result in identifiable, financially sufficient
and actual cost reductions;
e. For waivers or modifications of development standards: (a) a pro forma demonstrating that the waiver
or modification is necessary to make the residential project economically feasible based upon
appropriate financial analysis and documentation; and (b) evidence that the development standards
for which a waiver is requested will have the effect of precluding the construction of the residential
project at the densities or with the incentives or concessions permitted by this chapter;
f. The cost of reviewing any required pro forma data submitted in support of a request for a concession,
incentive, waiver or modification, including, but not limited to, the cost to the city of hiring a
consultant to review the pro forma, shall be borne by the applicant. The pro forma shall also include: (i)
the actual cost reduction achieved through the incentive, concession, waiver, or modification; and (ii)
evidence that the cost reduction allows the developer to provide affordable rents or affordable sales
prices;
g. If the applicant is proposing a modification of the requirement that the target units be constructed
concurrently with the market rate units, the affordable housing plan shall describe the proposed
phasing at the same level of detail as required in the application for the residential project, specify the
security to be provided to the city to ensure that the target units will be constructed, and explain how
the proposed phasing would provide greater public benefit than providing the target units concurrently
with the market rate units;
h. If a density bonus or concession is requested for a senior housing project, the application shall provide
that units in the residential project shall be occupied by qualified residents;
Created: 2022-12-01 08:36:00 [EST]
(Supp. No. 37)
Page 18 of 22
i. If a density bonus or concession is requested for a land donation, the application shall show the
location of the land to be dedicated and provide evidence that each of the findings in Government
Code Section 65915(h) can be made;
j. If a density bonus or concession is requested for a childcare facility, the application shall show the
location and square footage of the childcare facility and provide evidence that the findings included in
Government Code Section 65915(i) can be made;
k. If a mixed use building or development is proposed, the application shall provide evidence that the
findings included in Section 21.20.110(4)(g) can be made;
l. For residential projects subject to the inclusionary housing requirements set forth in Chapter 21.24, the
affordable housing plan shall also incorporate the requirements of Section 21.24.060(A), and only one
affordable housing plan need be submitted;
m. A description of all dwelling units existing on the site in the five-year period preceding the date of
submittal of the application and identification of any units rented in the five-year period. If dwelling
units on the site are currently rented, income and household size of all residents of currently occupied
units. If any dwelling units on the site were rented in the five-year period but are not currently rented,
the income and household size, if known, of residents occupying dwelling units when the site
contained the maximum number of dwelling units;
n. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to
levels affordable to very low or lower income households in the five- year period preceding the date of
submittal of the application;
o. A statement that the project will provide all replacement housing required in accordance with Section
21.20.080 of this Chapter;
p. If a parking reduction is requested, a table showing parking required by the zoning ordinance and
proposed parking. If a parking reduction is requested, evidence that the project is eligible for the
requested parking reduction.
4. Upon submittal, the community development director shall determine if the affordable housing plan
submitted in support of a request for a density bonus, incentive, concession, waiver, modification, or
reduced parking standard is complete and conforms to the provisions of this chapter and Chapter 21.24. No
application for a first approval for a residential project requesting a density bonus, incentives, concessions,
or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the
provisions of this chapter.
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 9, 8-2-2016)
21.20.140 City review of application for density bonuses and other incentives.
1. An application for a density bonus, incentive, concession, waiver, modification, or reduced parking standard
pursuant to this chapter shall be reviewed as part of the first approval of the residential project by the
approval body with authority to approve the residential project, unless additional review by the planning
commission or City Council is required by Chapter 21.62. Any decision regarding a density bonus, incentive,
concession, waiver, modification, or reduced standard may be appealed as part of an appeal of the
residential project as provided in Chapter 21.62. In accordance with state law, neither the granting of a
concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a
general plan amendment, zoning change or other discretionary approval.
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(Supp. No. 37)
Page 19 of 22
2. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the
approval body shall make the following findings:
a. The residential project is eligible for a density bonus and any concessions, incentives, waivers,
modifications, or reduced parking standards requested; conforms to all standards for affordability
included in this chapter; and includes a financing mechanism for all implementation and monitoring
costs;
b. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost
reductions based upon appropriate financial analysis and documentation if required by Section
21.20.110;
c. If the density bonus is based all or in part on dedication of land, the approval body has made the
findings included in Government Code Section 65915(h);
d. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare
facility, the approval body has made the finding included in Government Code Section 65915(i);
e. If the incentive or concession includes mixed use buildings or developments, the approval body has
made the finding included in Section 21.20.110(4)(g);
f. If a waiver or modification is requested, the applicant has shown that the waiver or modification is
necessary to make the housing units economically feasible by providing appropriate financial analysis
and documentation as described in Section 21.20.110(5), and that the development standards will
have the effect of precluding the construction of the residential project at the densities or with the
incentives or concessions permitted by this section.
3. The approval body may deny a request for an incentive or concession for which the findings set forth in
Section 21.20.140(2) can be made only if it makes a written finding, based upon substantial evidence, of
either of the following:
a. The incentive or concession is not required to provide for affordable rents or affordable ownership
costs; or
b. The incentive or concession would have a specific adverse impact upon public health or safety, or the
physical environment, or on any real property that is listed in the California Register of Historic
Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to lower-, very low- and moderate-income
households. For the purpose of this subsection, "specific adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or
safety standards, policies, or conditions, as they existed on the date that the application was deemed
complete.
4. The approval body may deny a requested waiver or modification for which the findings set forth in Section
21.20.140(2) can be made only if it makes a written finding, based upon substantial evidence, of either of the
following:
a. The modification would have a specific adverse impact upon health, safety, or the physical
environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to lower-, very low- and moderate-income
households. For the purpose of this subsection, "specific adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or
safety standards, policies, or conditions as they existed on the date that the application was deemed
complete; or
b. The modification would have an adverse impact on any real property that is listed in the California
Register of Historic Resources.
Created: 2022-12-01 08:36:00 [EST]
(Supp. No. 37)
Page 20 of 22
5. The approval body may deny a density bonus or concession that is based on the provision of childcare
facilities and for which the findings set forth in Section 21.20.140(2) can be made only if it makes a written
finding, based on substantial evidence, that the city already has adequate childcare facilities.
6. A request for a minor modification of an approved affordable housing plan may be granted the community
development director or designee if the modification is substantially in compliance with the original
affordable housing plan and conditions of approval. A minor modification is technical in nature, as opposed
to substantive or material. Substantive or material changes to the affordable housing plan shall be processed
in the same manner as the original plan.
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 10, 8-2-2016)
21.20.150 Developer affordable housing agreement.
A. Developers requesting a density bonus, incentive, concession, waiver, modification, or reduced standard
granted pursuant to this chapter, shall agree to enter into a developer affordable housing agreement with
the city. A developer affordable housing agreement shall be made a condition of the discretionary planning
permits for all residential projects pursuant to this chapter and shall be recorded as a restriction on any
parcels on which the target units will be constructed. When the inclusionary requirements of Chapter 21.24
apply, one affordable housing agreement will be recorded incorporating the requirements of both chapters.
B. The developer affordable housing agreement shall be recorded prior to final or parcel map approval, or,
where the residential project does not include a map, prior to issuance of a building permit for any structure
in the residential projects. The developer affordable housing agreement shall run with the land and bind all
future owners and successors in interest.
C. The developer affordable housing agreement shall be in a form provided by the city and shall include,
without limitation, the following:
1. The total number of units approved for the residential project;
2. The number, location, and level of affordability of the target units and the inclusionary units;
3. The number of replacement units in accordance with Section 21.20.080 of this Chapter;
4. Standards for determining affordable rent or affordable ownership cost for the target units and any
inclusionary units;
5. The location, unit size in square feet, and number of bedrooms of target units and any inclusionary
units;
6. Provisions to ensure initial and continuing affordability in accordance with the requirements of this
chapter and Chapter 21.24, including the execution and recordation of subsequent agreements
ensuring continued affordability pursuant to Sections 21.20.120 and 21.24.060;
7. A schedule for completion and occupancy of target units and inclusionary units in relation to
construction of market rate units;
8. A description of any incentives, concessions, waivers, or reductions being provided by the city;
9. A description of remedies for breach of the agreement by either party. The city may identify tenants or
qualified purchasers as third party beneficiaries under the agreement;
10. Procedures for qualifying tenants and prospective purchasers of target units, including preferences;
11. Provisions requiring maintenance of records to demonstrate compliance with this chapter;
Created: 2022-12-01 08:36:00 [EST]
(Supp. No. 37)
Page 21 of 22
12. Other provisions to ensure implementation and compliance with this chapter and Chapter 21.24, if
applicable.
D. In the case of senior citizen housing developments, the developer affordable housing agreement shall
provide that units in the residential development shall be occupied by qualified residents.
E. Developer affordable housing agreements for land dedication, childcare facilities, and condominium
conversion shall ensure continued compliance with all conditions included in Sections 21.20.060, 21.20.070
and 21.20.080 respectively.
F. Fees. The building permit application shall be accompanied by the processing fees or deposits established by
the city's schedule of fees and charges. All fees shall cover the costs of BMR eligibility determination and
BMR document preparation, processing and administration, as established in Sections 21.20.160 and
21.20.180.
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, § 11, 8-2-2016)
21.20.160 Continued affordability and initial occupancy.
A. For-Sale Target Units. An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-
sale units that qualified the applicant for the award of the density bonus are persons and families of very
low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as
that cost if defined in Section 50052.5 of the Health and Safety Code. The City shall enforce any equity
sharing agreement, unless it is in conflict with the requirement of another public funding source or law. The
following apply to the equity sharing agreement:
1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and
the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its
proportionate share of appreciation, which amount shall be used within five years for any of the
purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote
home ownership.
2. For purposes of this Subsection, the city's initial subsidy shall be equal to the fair market value of the
home at the time of initial sale minus the initial sale price to the moderate-income household, plus the
amount of any down payment assistance of mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of the resale shall be used as the initial
market value.
3. For purposes of this Subsection, the city's proportionate share of appreciation shall be equal to the
ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.
B. Rental Target Units. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to
the community development director or the director's designee, shall be recorded against each residential
project containing affordable rental units for a minimum term of fifty-five years or more. A longer period of
time may be specified if required by any construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program applicable to the residential project.
C. Eligibility Requirements. No household shall be permitted to begin occupancy of a target unit unless the city
or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or
otherwise identifies, eligible households, initial and subsequent occupants of target units shall be selected
first from the list of identified households, to the maximum extent possible, in accordance with rules
approved by the community development director or his or her designee.
Created: 2022-12-01 08:36:00 [EST]
(Supp. No. 37)
Page 22 of 22
D. Priority for Rental or Purchase of Units. Preference in the rental or purchase of target units shall be given,
first (for up to ten percent of all target units subject to this chapter) to income eligible employees of the city
of Campbell, second to income eligible existing Campbell residents, and third to income eligible persons
employed within the city limits of the city of Campbell.
(Ord. 2102 § 1(part), 2008).
(Ord. No. 2206, §§ 12, 13, 8-2-2016)
21.20.180 Implementation and enforcement.
A. The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this
chapter.
B. No permit, license, subdivision approval or map, or other approval or entitlement for a residential project
shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until
all requirements applicable to the residential project at such time pursuant to this chapter have been
satisfied.
C. The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing
agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on target
units, by civil action and any other proceeding or method permitted by law.
D. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or
owner from the requirements of this chapter.
E. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from
any other remedy or relief to which it otherwise would be entitled under law or equity.
(Ord. 2102 § 1(part), 2008).
Chapter 21.23 ACCESSORY DWELLING UNITS
21.23.010 Purpose.
This Chapter provides for the establishment of accessory dwelling units and junior
accessory dwelling units, in compliance with Article 2 (Zoning Districts), the California
Government Code, and the California Building Code (CBC). The purpose of permitting
accessory dwelling units and junior accessory dwelling units is to allow more efficient use
of the City's existing housing stock and to provide the opportunity for the development of
small rental housing units designed to meet the housing needs of individuals and families,
while preserving the integrity of residential neighborhoods. It is not the intent of this
Chapter to override any lawful use restrictions as may be set forth in Conditions,
Covenants, and Restrictions (CC&Rs).
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.020 Minimum Standards for Eligibility.
One accessory dwelling unit and one junior accessory dwelling unit may be
constructed on parcels satisfying all of the following minimum standards:
A. Zoning district. A parcel located within a residential zoning district as specified
by Chapter 21.08 (Residential zoning districts) or in the P-D (Planned
Development) Zoning District on a parcel with a General Plan land use
designation that directly corresponds to a residential zoning or mixed-use district
as specified by Section 21.04.020, Table 2-1.
B. Dwelling unit. A parcel that is presently developed with at least one lawfully
constructed primary dwelling unit or that will be developed with a primary
dwelling unit in conjunction with the creation of an accessory dwelling unit. For
the purposes of this Chapter, a primary dwelling unit shall only include a
proposed or existing detached single-family dwelling, inclusive of small-lot
single-family dwellings and townhouses, except for accessory dwelling units
constructed on multi-family residential properties pursuant to Section 21.23.050
(Special Provisions for Multi-family Residential Properties).
C. Minimum lot area. No minimum lot area is required for creation of an accessory
dwelling unit or junior accessory dwelling unit.
D. Legal parcel. A parcel which has been legally created in compliance with the
Subdivision Map Act (Government Code Section 66410 et seq.) and Title 20 of
the Municipal Code (Subdivision and Land Development), as applicable at the
time the parcel was created. The City Engineer may require a certificate of
compliance to verify conformance to this requirement.
21.23.030 Accessory Dwelling Unit Development Standards.
An accessory dwelling unit shall be constructed only in accordance with the following
development standards, except as provided by Section 21.23.065 (Special Provisions for
Statewide Exemption Accessory Dwelling Units):
A. General requirements. Creation of an accessory dwelling unit shall comply with
all applicable land use permit, general performance, site development,
Page 2 of 16
landscaping, flood damage prevention, and tree protection standards specified
by this Title. The requirements for accessory structures found in Section
21.36.020 (Accessory structures) do not apply to accessory dwelling units.
B. Placement. Detached accessory dwelling units may be located in front of, to the
side of, or behind the primary dwelling unit.
C. Open space. Creation of an accessory dwelling unit shall not reduce the required
open space to less than that specified by the applicable zoning district and/or
area or neighborhood plan. In the case of a parcel within the P-D (Planned
Development) Zoning District the required private open space shall be equal to
the standard provided by the zoning district that directly corresponds to the
parcel's General Plan land use designation as specified by Section 21.04.020,
Table 2-1 (Zoning Districts and General Plan Designations).
Exception: Accessory dwelling units that are eight hundred square feet or
smaller and no taller than sixteen feet may encroach into the required open
space area of a parcel.
D. Floor area ratio and lot coverage. Creation of an accessory dwelling unit shall
comply with the maximum floor area ratio and maximum lot coverage as
specified by the applicable zoning district and/or area or neighborhood plan. In
the case of a parcel within the P-D (Planned Development) zoning district the
maximum floor area ratio and maximum lot coverage shall be equal to the
standards provided by the zoning district that directly corresponds to the parcel's
General Plan land use designation as specified by Section 21.04.020, Table 2-
1 (Zoning Districts and General Plan Designations).
Exception: Up to eight hundred square feet of gross floor area of an accessory
dwelling unit shall be exempt from the applicable maximum floor area ratio and
maximum lot coverage requirements. This exception does not apply to junior
accessory dwelling units.
E. Setbacks. An accessory dwelling unit shall conform to the setback standards
specified by Table 3-1(b), below:
Table 3-1(b) — Setback Standards
Setback (1)
Requirement (2)
Detached ADUs Interior and
Attached ADUs
Property Line
Setbacks
Front
The same standard as
for the primary dwelling
unit The same standard as
for the primary dwelling
unit Interior Sides 4 feet Rear
Street Side 12 feet
Separation from
Primary Dwelling Unit
(3)
If located in front of the
primary dwelling unit 10 feet Not applicable If located behind the
primary dwelling unit
Page 3 of 16
If located to the side of
the primary dwelling
unit
5 feet
Separation from
Accessory
Structure(s) (3)
If located in front of the
accessory structure 10 feet As specified by Section
21.36.020 (Accessory
structures)
If located behind the
accessory structure
If located to the side of
the accessory structure 5 feet
Exceptions:
(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend
into required setbacks and building separation distances as specified Section 21.18.040.B.1.
(2) No setback shall be required for an existing accessory structure that is converted (in whole or in
part) to an accessory dwelling unit, nor for an accessory dwelling unit created within the existing space
of a primary dwelling unit provided that the existing side and rear setbacks are sufficient for fire safety.
(3) Except for accessory dwelling units that are no larger than eight hundred square feet and no taller
than 16-feet, which shall be separated from other structures only to the extent that may be required by
the building or fire code.
F. Minimum living area. The minimum living area for all accessory dwelling units
shall be one hundred fifty square feet, subject to the restrictions specified by
Health and Safety Code Section 17958.1.
G. Maximum size. The maximum floor area for a detached accessory dwelling unit
shall be one thousand two hundred square feet, except for a unit contained
within the existing space of an accessory structure, which is limited to the
existing size of the accessory structure. The maximum living area for an attached
or interior accessory dwelling unit shall not exceed fifty percent of the living area
of the primary dwelling unit, except that a minimum allowable living area of eight
hundred and fifty square feet shall be permitted.
H. Allowable rooms. An accessory dwelling unit shall be limited to a maximum of
three bathrooms and three bedrooms (defined as a habitable room with an area
not less than seventy square feet as described by California Building Code
Section 1208.3). An accessory dwelling unit shall also contain no more than one
kitchen facility, and no more than one living room (defined as a habitable room
with an area not less than one hundred twenty square feet as described by
California Building Code Section 1208.1), and at least one bathroom with bathing
and sanitary facilities. No other rooms or closets larger than one hundred twenty
square feet shall be permitted unless they are fully interior within the accessory
dwelling unit without any exterior walls from which windows could be created.
I. Maximum height and stories. An accessory dwelling unit shall conform with the
following height maximums:
1. Detached accessory dwelling units. Detached accessory dwelling units shall
be permitted up to two stories if the existing or proposed primary dwelling
unit is also two stories. Whether one story or two stories, the building height
of the detached accessory dwelling unit shall not exceed the building height
of the primary dwelling unit, except that a minimum allowable height of
sixteen eighteen feet shall be permitted, with an additional two feet in height
Page 4 of 16
permitted if necessary to align the roof pitch with the roof pitch of the existing
or proposed primary dwelling unit. A two-story detached accessory dwelling
may consist of two levels of living area or one level of living area above a
detached garage (with or without ground floor living area).
2. Attached accessory dwelling units. Attached accessory dwelling units may
be constructed on the first floor of, or as a second floor to, the lawfully
constructed primary dwelling unit, except that it shall not be constructed
above any portion of an attached garage. The height of an attached
accessory dwelling unit shall not exceed that specified by the applicable
zoning district and/or area or neighborhood plan.
3. Interior accessory dwelling units. Interior accessory dwelling units may be
created from the existing space of the lawfully constructed primary dwelling
unit, including within its garage, basement, first story, or second story,
irrespective of existing building height.
J. Parking. Parking for accessory dwelling shall be provided in compliance with this
section.
1. Number of spaces. Required and replacement parking shall be provided as
specified by Table 3-1(d), below:
Table 3-1(d) — Parking Standards
Standard Detached ADUs Interior and Attached
ADUs
Required Parking 1 space per unit or per
bedroom,
whichever is less
Not Required
Replacement Parking Existing parking spaces that are removed (in whole
or in part) to allow for the creation of an
accessory dwelling unit or junior accessory
dwelling unit (e.g., by demolition or conversion
of a garage) are not required to be replaced.
Exception: No "required parking", as specified by this table, shall be required for
a detached accessory dwelling unit that is contained within the existing space
of an accessory structure. Further, no "required parking" shall be required for
an accessory dwelling unit that is located on a parcel that is within: (1) a
walking distance of one-half mile of public transit, (2) a designated historic
district, (3) one block of a City-licensed car share vehicle, or (4) the boundaries
of a permanent residential parking permit program, where the City does not
offer parking permits to occupants of an accessory dwelling unit.
1. Parking requirement. No parking spaces are required for creation of an
accessory dwelling unit or junior accessory dwelling unit. Existing parking
spaces that are removed (in whole or in part) to allow for the creation of an
accessory dwelling unit or junior accessory dwelling unit (e.g., by demolition
or conversion of a garage) are not required to be replaced.
Page 5 of 16
2. Parking configuration. New parking spaces that are voluntarily created to
serve an accessory dwelling unit or junior accessory dwelling unit shall
satisfy the standards provided by Chapter 21.28 (Parking and loading),
except that such spaces may be created in any configuration on the parcel,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts, subject
to the following standards:
a. Covered parking spaces provided within a new garage or carport shall
satisfy all applicable setback, height, placement, and dimension
standards.
b. Uncovered parking spaces may encroach into a required front yard or
street-side yard setback within an existing or proposed driveway that
satisfies both the surfacing and minimum stall dimensions for a parking
space(s), unless such a configuration is determined not to be feasible
based upon fire and/or life safety conditions present on the parcel.
c. Tandem parking shall be limited to two parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a fully
enclosed garage.
e. Required Uncovered parking stalls spaces may be designed to allow
vehicles to back out onto an abutting public street provided that the
street is classified as "local street" by the General Plan roadway
classification diagram.
K. Objective Ddesign standards. The design of accessory dwelling units shall
conform with the following objective design standards, except as provided by
Section 21.23.065 (Special Provisions for Statewide Exemption Accessory
Dwelling Units):
1. Detached accessory dwelling units. Detached accessory dwelling units
larger than eight hundred square feet and taller than sixteen feet, if not
entirely located behind the primary dwelling unit, shall maintain the
appearance of the primary dwelling unit, by using the same wall cladding,
trim detail, roofing material, building color(s), window frames/trim, and the
predominant roof form and roof pitch.
2. Attached accessory dwelling units. Attached accessory dwelling units shall
maintain the appearance of the primary dwelling unit, by using the same
wall cladding, trim detail, roofing material, building color(s), window
frames/trim, and the predominant roof form and roof pitch.
3. Interior accessory dwelling units. Interior accessory dwelling units contained
within the existing space of an attached garage shall include removal of
garage doors which shall be replaced with architectural features the same
as those of the primary dwelling unit, including the same wall cladding,
building color(s), wainscot, and window frames that remove any appearance
that the structure was originally a garage.
Page 6 of 16
L. Windows. All second-story windows less than eight feet from rear and interior-
side property lines shall be clerestory with the bottom of the glass at least six
feet above the finished floor.
M. Balconies/Decks. Balconies, second-story decks, and rooftop terraces are
prohibited for all accessory dwelling units.
N. Entrances. All accessory dwelling units shall include exterior access that is
independent from the primary dwelling unit. For an accessory dwelling unit
located entirely on a second story, this shall require a separate interior or exterior
stairway. A passageway from the accessory dwelling unit to a public street may
be created, but shall not be required by the City.
O. Interior connection. Attached and interior accessory dwelling units may, but shall
not be required, to contain an interior doorway connection between the primary
and accessory dwelling units.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 12—14, 24—26, 28, 8-16-2022)
21.23.040 Junior Accessory Dwelling Unit Development Standards.
A junior accessory dwelling unit shall be constructed only on a parcel developed with
no more than one single-family dwelling and in accordance with the following
development standards:
A. Maximum floor area. The junior accessory dwelling unit shall not exceed five
hundred square feet in area. The occupied floor area shall be within the
allowable floor area of a primary dwelling unit or detached accessory dwelling
unit, as specified by Section 21.23.030.D (Floor area ratio and lot coverage).
B. Associated dwelling. The junior accessory dwelling unit shall be contained
entirely within an existing or proposed primary dwelling unit (including within an
existing attached garage) or detached accessory dwelling unit. utilizing one of
the allowable three bedrooms.
C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an
efficiency kitchen.
D. Bathroom. Bathroom facilities may be separate from or shared with the primary
dwelling unit or detached accessory dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit or detached
accessory dwelling unit., with aAn interior entry into the main living area of the
associated primary dwelling unit or detached accessory dwelling unit shall be
provided if the junior accessory dwelling unit does not have a separate
bathroom. The main living area shall mean a living room, family room, or a
hallway leading to the living room or family room of the associated primary
dwelling unit or detached accessory dwelling unit. The junior accessory dwelling
unit may include a second interior doorway for sound attenuation.
F. Parking. No parking shall be required for a junior accessory dwelling unit.
Page 7 of 16
G. Owner occupancy required. A property with a junior accessory dwelling unit shall
be occupied by the property owner, who shall reside in either the junior
accessory dwelling unit or the primary dwelling unit. The Ccommunity
dDevelopment dDirector shall may require recordation of a deed restriction
documenting this restriction prior to issuance of a building permit.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 8, 8-16-2022)
21.23.050 Special Provisions for Multi-family Residential Properties.
The following requirements and restrictions apply to creation of accessory dwelling
units on multi-family residential properties and shall supersede any provision to the
contrary within this Chapter, except as provided by Section 21.23.065 (Special Provisions
for Statewide Exemption Accessory Dwelling Units)::
A. Defined. For the purposes of this section, the term "multifamily dwelling
structure" and "multifamily dwelling" shall have the same meaning as "Duplex,"
"Triplex," "Fourplex," and "apartment" as defined by Chapter 21.72 (Definitions).
Multiple multifamily dwelling structures located on a single lot shall be considered
collectively as a single multifamily dwelling for the purposes of this section.
B. Conversion of existing non-living areas. A minimum of one accessory dwelling
unit and up to one accessory dwelling unit for every four dwelling units within an
existing multifamily dwelling structure(s) may be created within existing non-
livable space(s), including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, carports, or garages, provided that the
dwellings comply with the California Building Code. Accessory dwelling units
created through this provision shall not be expanded in any manner, except to
allow an entry area for ingress and egress no greater than one hundred fifty
square feet. Creation of additional living area within the existing building
envelope (i.e., mezzanine), including an increase in building up to eighteen feet
to allow for dormer(s), shall not be considered an expansion provided that the
each such accessory dwelling unit does not exceed eight hundred square feet.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than two detached accessory dwelling units
may be allowed subject to the standards, requirements, and restrictions of this
Chapter on a lot with an existing or proposed multifamily dwelling. The accessory
dwellings units may be detached from each other or may be connected in a side-
by-side or front-to-back configuration or stacked with one unit located atop of the
other unit forming a two-story structure not exceeding the maximum building
height specified by Section 21.23.030.I (Maximum height and stories).
D. If the existing multifamily dwelling has a rear or side setback of less than four
feet, the City shall not require any modification of the existing multifamily
dwelling(s) as a condition of approving the application to construct an accessory
dwelling unit that satisfies the requirements of this section.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 16, 8-16-2022)
Page 8 of 16
21.23.060 Special Provisions for Historic Properties.
The following requirements and restrictions apply to creation of accessory dwelling
units on properties listed on the historic resource inventory, and shall supersede any
provision to the contrary within this Chapter, except as provided by Section 21.23.065
(Special Provisions for Statewide Exemption Accessory Dwelling Units):
A. Type. Only detached and interior accessory dwelling units shall be permitted.
B. Placement. A detached accessory dwelling unit shall be placed behind the
primary dwelling unit and be located on the rear half of the lot.
C. Height. A detached accessory dwelling unit shall be a maximum of sixteen
eighteen feet in height and not exceed one story.
D. Design. The design of the detached accessory dwelling unit shall maintain the
appearance of the primary dwelling unit, by using similar the same wall cladding,
trim detail, roofing material, wainscot, building color(s), window frames/trim and
divisions, and the predominant roof form and roof pitch.
E. Exception. Detached accessory dwelling units that are eight hundred square feet
or smaller and no taller than sixteen feet are not subject to the design or
placement requirements of this section.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)
21.23.065 Special Provisions for Statewide Exemption Accessory Dwelling Units
This section provides exceptions to the requirements of this Chapter pursuant to
Government Code Section 65852.2, as interpreted by the California Department of
Housing and Community Development.
A. Applicability. This section applies to statewide exemption accessory dwelling units
as defined, below. This section shall not be construed as to allow an exceedance
of development standards for any other type or form of accessory dwelling unit.
B. Defined. A statewide exemption accessory dwelling unit is an attached or
detached accessory dwelling unit no larger than 800 square feet in floor area,
inclusive of garage area, with rear and interior side setbacks in compliance with
Table 3-1, and a height not exceeding 18-feet.
C. Exemptions. Statewide exemption accessory dwelling units are exempt from the
otherwise required (1) front setback, (2) building separation, (2) floor area ratio, (3)
lot coverage, (4) open space, and (5) design requirements specified by Section
21.23.030 (Accessory dwelling unit development standards) and the design and
placement requirements specified by Section 21.23.060 (Special provisions for
historic properties), except that the exemption to the front setback for an attached
accessory dwelling unit shall only apply to that portion of the primary dwelling unit
Page 9 of 16
occupied by the accessory dwelling unit. All other standards, requirements, and
restrictions of this Chapter shall continue to apply.
Exception: In order to ensure adequate site visibility for pedestrian and vehicular
safety, a statewide exemption accessory dwelling unit shall not be constructed or
placed within the triangular areas of a property as depicted in Figures 3-1 and 3-
2 of Section 21.18.060 (Fences, walls, lattice and screens).
D. Review. An application for a statewide exemption accessory dwelling unit shall
also be exempt from any requirement for a zoning clearance or separate zoning
review as otherwise required by Section 21.23.080 (Approval process).
E. Restriction. A statewide exemption accessory dwelling unit permitted under this
section shall not be expanded in size beyond 800 square feet in floor area,
including attachment of a garage or other uninhabitable space. The Community
Development Director may require recordation of a deed restriction documenting
this restriction.
21.23.070 General Requirements and Restrictions.
The following requirements and restrictions apply to all existing and new accessory
dwelling units and junior accessory dwelling units, as applicable:
A. Short-term rentals. Leases for durations of less than thirty days, including short-
term rentals are prohibited. The Ccommunity dDevelopment dDirector shall may
require recordation of a deed restriction documenting this restriction.
B. Non-conforming zoning conditions. The City shall not require the correction of
nonconforming zoning conditions to allow creation of an accessory dwelling unit
or a junior accessory dwelling unit nor use the existence of non-conforming
zoning conditions as a basis to deny a permit for an accessory dwelling unit or
a junior accessory dwelling unit.
C. Existing violations. The City shall not deny an application for a permit to create
an accessory dwelling unit or a junior accessory dwelling unit due to existing
building code violations, including the presence of unpermitted structure(s) that
are not affected by the construction of the accessory dwelling unit, junior
accessory dwelling unit, unless such violations present a threat to public health
and safety as determined by the building official.
CD. Subdivision and sales. Except as provided as for by Government Code Section
65852.26, and as may be allowed by Chapter 20.14 (Urban Lot Splits), no
subdivision of land or air rights shall be allowed, including creation of a stock
cooperative or similar common interest ownership arrangement. In no instance
shall an accessory dwelling unit or junior accessory dwelling unit be sold or
otherwise conveyed separate from the primary dwelling unit. The Ccommunity
dDevelopment dDirector shall may require recordation of a deed restriction
documenting these restrictions prior to issuance of a building permit.
Page 10 of 16
DE. Park impact fee. A fee in-lieu of parkland dedication land for an accessory
dwelling unit shall be paid in compliance with Chapter 13.08 (Park Impact Fees).
EF. Building and fire code. Accessory dwelling units and junior accessory dwelling
units shall comply with all applicable Building and Fire Codes as appropriateas
adopted in Title 18 (Building Codes and Regulations) and Title 17 (Fire
Protection), respectively, except that the Building Official and Fire Chief shall not
require installation of fire sprinklers for an accessory dwelling unit if they would
otherwise not be required for the primary dwelling unit nor shall the creation of
an accessory dwelling unit require installation of fire sprinklers in the primary
dwelling unit. However, Iif the creation of an interior or attached accessory
dwelling unit would result in the primary dwelling unit becoming a "new dwelling
using portions of the original structure" pursuant to Chapter 18.32
(Determination of scope of work), then fire sprinklers shall be required to the
same extent as for construction of any other new dwelling unit.
Construction of an accessory dwelling unit shall not constitute a Group R
occupancy change under the building code, as described in Section 310 of the
California Building Code (Title 24 of the California Code of Regulations), unless
the building official makes a written finding based on substantial evidence in the
record that the construction of the accessory dwelling unit could have a specific,
adverse impact on public health and safety. This limitation shall not preclude the
building official from requiring a change of occupancy for an unhabitable space
or a space only permitted for nonresidential use that is proposed to be converted
to an accessory dwelling unit and junior accessory dwelling unit.
FG. Certificates of occupancy. A certificate of occupancy for an accessory dwelling
unit shall not be issued before a certificate of occupancy is issued for the primary
dwelling unit.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.080 Approval Process.
The following procedures govern the review of proposed accessory dwelling units
and junior accessory dwelling units consistent with the provisions of this Chapter.
A. Ministerial review. The City shall issue aeither approve or deny concurrent
applications for a ministerial building permit in compliance with Title 18 (Building
Code) and a Zoning Clearance in compliance with Chapter 21.40 (Zoning
clearances), for an accessory dwelling unit or junior accessory dwelling unit that is
consistent with the provisions of this Chapter, as determined by issuance of a
Zoning Clearance in compliance with Chapter 21.40 (Zoning clearances), within
sixty days of submittal of a complete building permit application. If the permit
application to create an accessory dwelling unit or junior accessory dwelling unit is
submitted in conjunction with a permit application to create a new single-family
dwelling unit or multifamily dwelling on the same lot, the City may delay acting
approving or denyingon the permit application for the junior accessory dwelling unit
until the permitting agency City acts on the permit application to create the new
Page 11 of 16
single-family dwelling unit or multifamily dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall still be considered
ministerially without discretionary review or a public hearing. A simple depiction of
an accessory dwelling unit or junior accessory dwelling unit on a site plan
submitted for an application for a new single-family dwelling unit or multifamily
dwelling shall not be construed as subjecting the accessory dwelling unit or junior
accessory dwelling unit to discretionary review or a public hearing.
Other land use permits. Notwithstanding the foregoing, and except as provided in
Section 21.23.65 (Statewide Exemption Accessory Dwelling Units), physical
expansion of an existing primary dwelling unit (i.e., addition) or construction of a
new primary dwelling unit located on a parcel that is subject to design review
pursuant to Chapter 21.42 (Site and architectural review), or Chapter 21.33
(Historic preservation), or Chapter 21.07 (Housing development
regulations)12.030 (P-D (Planned development) zoning district) shall first receive
approval of the appropriate land use permit prior to a submittal of a ministerial
building permit application for an accessory dwelling unit. The sixty-day period for
processing the application for the accessory dwelling unit or junior accessory
dwelling shall be tolled during any delay requested by the applicant.
B. Garage demolition: A demolition permit for a detached garage that is to be
replaced with or converted to an accessory dwelling unit be reviewed with the
application for the accessory dwelling unit and issued at the same time.
C. Denial. If the City denies an application for a building permit and/or Zoning
Clearance for an accessory dwelling unit or junior accessory dwelling prior to the
conclusion of the sixty day review period, the City shall return in writing a full set
of comments to the applicant with a list of items that are defective or deficient and
a description of how the application can be remedied by the applicant.
D. Failure to act: If the City fails to approve or deny an application for building permit
and/or Zoning Clearance for an accessory dwelling unit or junior accessory
dwelling prior to the conclusion of the sixty day review period, the application shall
be deemed approved.
E. Appeals. Denial of a permit on the basis of a health and safety matter where
authorized by this Chapter may be appealed to the Building Board of Appeals
pursuant to Chapter 2.37 (Building Board of Appeals).
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 17, 8-16-2022)
21.23.090 Development Policy.
A single-family residential subdivision resulting in five or more parcels, exclusive of
commonly-held parcels, shall be subject to the following requirements:
A. Requirement. Twenty percent of the parcels shall be developed with a primary
dwelling unit that is designed to allow for future creation of an interior accessory
dwelling unit. This shall be accomplished through a floor plan configuration that
allows for logical segmentation of an accessory dwelling unit from the existing
Page 12 of 16
living area and pre-installation of electrical, natural gas, domestic water, and
sanitation utilities necessary to accommodate a future bathroom and kitchen to
serve an accessory dwelling unit.
B. Alternative. In-lieu of the aforementioned requirement, twenty percent of the
parcels may be developed with an accessory dwelling unit, to be constructed
concurrently with the primary dwelling units.
C. Implementation. Conditions to carry out the requirement of this section shall be
imposed on approval of the tentative map if a land use permit(s) for the creation
primary dwelling units is not required. If a land use permit(s) for the creation of
primary dwelling units is required in association with a tentative map, the
applicant shall demonstrate compliance prior to the application being accepted
as complete pursuant to Section 21.38.040.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.100 Unpermitted Accessory Dwelling Units
This section provides a mechanism to legalize unpermitted accessory dwelling in
compliance with Government Code Section 65852.23.
A. Applicability. This section applies to accessory dwelling units that were unlawfully
constructed prior to January 1, 2018, and that have not been deemed substandard
pursuant to Section 17920.3 of the Health and Safety Code by the building official.
The Community Development Director may determine construction date by any
credible means warranted, including use of aerial photography, county records,
photographs, and signed affidavits.
B. Defined. An unpermitted accessory dwelling unit means a dwelling unit that was
created through the construction of a new structure or expansion of an existing
structure without the benefit of a building permit (at a time when a building permit
was required) and that cannot be otherwise legalized because it does not comply
with development standards provided in this Chapter.
C. Relief. The City shall not deny a permit to legalize an unpermitted accessory
dwelling solely due to non-compliance with the development standards of this
Chapter. All other requirements and restrictions provided in Section 21.23.070
General Requirements and Restrictions) shall continue to apply.
D. Approval. An unpermitted accessory dwelling unit may be legalized in compliance
with Section 21.23.080 (Approval Process).
E. Restriction. An accessory dwelling unit authorized under this section shall not be
permitted to exercise the setback exception for non-conforming structures
provided for in Section 21.58.050.F (Exceptions). Any expansion of the accessory
dwelling unit shall conform to all applicable development standards specified by
Section 21.23.030 (Accessory Dwelling Unit Development Standards). The
Community Development Director may require recordation of a deed restriction
documenting this restriction.
Page 13 of 16
F. Enforcement. A property owner who makes known to the City the existence of an
unpermitted accessory dwelling unit but who fails to obtain or finalize a building
permit or to secure a delay in enforcement pursuant to Chapter 18.30 (Delayed
Enforcement), shall be subject to penalties as specified by Chapter 21.70
(Enforcement).
G. Exception. The City may deny a permit to legalize an unpermitted accessory
dwelling unit and instead require correction of the violation(s) if the building official
makes a finding that correcting the violation(s) is necessary to protect the health
and safety of the public or occupants of the structure.
21.23.110 Incentives and Promotion.
Within the time period that may be prescribed by the Department of Housing and
Community Development, the City Council, by resolution, shall develop a plan that
incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low-
, low-, or moderate-income households.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.120 Definitions.
In addition to the terms defined by Article 6 (Definitions), the following terms shall
have the following meanings as used in this Chapter:
"Accessory structure" means a structure that is accessory and incidental to a dwelling
located on the same lot as defined in Section 21.72.020.A.
"Accessory dwelling unit" (ADU) means a dwelling unit ancillary to a primary dwelling
unit which provides complete independent living facilities for one or more persons and is
located on a lot with a proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the
primary dwelling unit or multifamily dwelling is or will be situated. An accessory dwelling
unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code, and a manufactured home, as defined in Section 18007 of the Health and
Safety Code. This Chapter recognizes three types of accessory dwelling units as defined
below. Where a proposed accessory dwelling unit does not clearly fall into one of the
defined types, the Ccommunity dDevelopment dDirector shall make a determination
pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a physical expansion (i.e., addition) of an existing primary
dwelling unit, including construction of a new basement underneath a primary
dwelling unit to accommodate an accessory dwelling unit.
Page 14 of 16
Figure 3.6(a)
Attached accessory dwelling unit
2. "Detached accessory dwelling unit" means an accessory dwelling unit that is: (1)
constructed as a separate structure from the primary dwelling unit; or (2)
contained within the existing space of an accessory structure (as defined herein).
Figure 3.6(b)
Detached accessory dwelling unit
3. "Interior accessory dwelling unit" means an accessory dwelling unit that is: (1)
contained within the existing space of a primary dwelling unit, including within its
living area, basement, or attached garage; (2) constructed as part of a proposed
primary dwelling unit; or (3) created from non-livable space of a multifamily
dwelling.
Figure 3.6(c)
Interior accessory dwelling unit
"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d).
"Complete building permit application" means an application for a building permit that
has been accepted for review by the City, comprising all required drawings, details, and
calculations as specified by the applicable application checklist, including those
necessary to determine the appropriate scope of work pursuant to Chapter 18.32
Page 15 of 16
(Determination of scope of work), and a boundary survey if required to verify parcel
size,and remittance of plan review fees. which has been cleared for issuance by all
reviewing departments and which the Building Official has determined may be issued to
an appropriate individual upon payment of the necessary fees.
"Contained within the existing space" means conversion of a lawfully constructed
structure's existing floor area to create an accessory dwelling unit.
"Conversion" or "convert(ed)" means to remodel a legally constructed structure to an
accessory dwelling unit or to construct a new accessory dwelling unit in the same location
and to the same dimensions as an existing accessory structure.
"Driveway" means a paved access way as defined in Section 21.72.020.D, including
a paved area reserved or created for the purpose of satisfying a parking requirement of
this Chapter.
"Efficiency kitchen" means a cooking facility for a junior accessory dwelling unit which
contains a sink, food preparation counter, food storage cabinet, and electrical circuitry
suitable for common kitchen appliances.
"Existing space of an accessory structure" means the gross floor area of an
accessory structure that has received final building permit clearance prior to January 1,
2017 and which has not been expanded on or after January 1, 2017.
"Junior accessory dwelling unit" means a dwelling unit that is no more than five
hundred square feet in size and contained entirely within an existing or proposed single-
family dwelling or detached accessory dwelling unit. A junior accessory dwelling unit may
include separate sanitation facilities or may share sanitation facilities with the existing
structure.
"Living area" means the interior habitable floor area of a dwelling unit, including
conditioned basements and attics, but not garages or other uninhabitable space, as
measured to the outside surface of exterior walls.
"Floor area" means the total horizontal floor area in square feet of a detached
accessory dwelling unit as measured to the outside surface of exterior walls of the
structure, including the living area, unconditioned basements, and any other
unconditioned rooms, excluding attached garages.
"Passageway" means a pathway that is unobstructed to the sky and extends from a
street to the entrance of an accessory dwelling unit.
"Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures, and as further defined in Section
21.25.030.
"Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1).
Page 16 of 16
"Story" means the portion of a building as defined in Section 21.72.020.S, including
a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles are
parked on a driveway or in any other location on a lot, lined up behind one another.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 10, 11, 8-16-2022)
Title 21 - ZONING
Chapter 21.24 INCLUSIONARY HOUSING ORDINANCE
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:01 [EST]
(Supp. No. 37)
Page 1 of 9
Chapter 21.24 INCLUSIONARY HOUSING ORDINANCE
21.24.010 Findings.
The City Council finds that:
A. Housing prices and rents in the City of Campbell have increased at a significantly higher rate than
general wages. The lack of affordable housing in Campbell forces many residents to pay a very high
percentage of their income for housing or to commute considerable distances, adding to air pollution
and traffic congestion in Campbell and throughout Santa Clara County. The lack of affordable housing
has made it more difficult to recruit workers from out of the area, in general, especially workers in
lower-paying jobs, potentially affecting the economic vitality of the Campbell. New housing
developments do not, to any appreciable extent, provide housing affordable to low- and moderate-
income households.
B. Continued new housing developments which do not include housing for low- and moderate-income
households will serve to further aggravate the current shortage of affordable housing by reducing the
small remaining supply of undeveloped land.
C. The City Council approved the City's housing element of the general plan which includes a goal to
encourage the provision of housing affordable to a variety of household income levels (Goal H-3).1
Housing Development; Policy H-3.2a Citywide Inclusionary Housing Ordinance).
D. Implementation of the inclusionary ordinance is a necessary part of the City's efforts to meet its
general plan housing element goals and objectives and its region wide affordable housing obligations.
Through the inclusionary ordinance, at least fifteen percent of the units in a new housing development
of ten or more units will be price or rent restricted as units for low- and moderate-income households.
In some circumstances, developers will be offered an option of providing affordable units off-site or
payment of an in-lieu housing fee.
(Ord. 2074 Att. 3 (part), 2006).
21.24.020 Purpose of chapter.
The purpose of this chapter is to further the City's efforts to require housing available to very low-income,
low-income and moderate-income households. The city's general plan implements the established policy of the
State of California that each community should foster an adequate supply of housing for persons at all economic
levels.
Providing the affordable units required by this chapter will help to ensure that part of Campbell's remaining
developable land is used to provide affordable housing. An economically balanced community is only possible if
part of the new housing built in the City is affordable to households with limited incomes. Requiring builders of new housing to include some housing affordable to households at a range of incomes is fair, not only because new
development without affordable units contributes to the shortage of affordable housing, but also because zoning
and other ordinances concerning new housing should be consistent with the community's goal to foster an
adequate supply of housing for persons at all economic levels. In general, affordable units within each housing
development will serve the goal of maintaining an economically balanced community.
Created: 2022-12-01 08:36:01 [EST]
(Supp. No. 37)
Page 2 of 9
The inclusionary housing ordinance is required by the council to promote and protect the public health,
safety, and general welfare while preserving and enhancing the aesthetic quality of the City. (Ordinance 2060,
December 2005 Code Update, Title 21 Zoning, 21.01.030 Purpose).
(Ord. 2074 Att. 3 (part), 2006).
21.24.030 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
"Affordable ownership cost" means average monthly housing costs during the first calendar year of a
household's occupancy, as determined by the City, including mortgage payments, loan insurance fees, if any,
property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance
and homeowners association dues, if any, which do not exceed the following:
1. For lower-income households: one-twelfth of thirty percent of seventy percent of area median income,
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one
additional person for each additional bedroom thereafter.
2. For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of
area median income, adjusted for assumed household size based on presumed occupancy levels of one
person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit
and one additional person for each additional bedroom thereafter.
"Affordable rent" means monthly rent, including utilities and all fees for housing services, which do not
exceed the following:
1. For lower-income households: one-twelfth of thirty percent of sixty percent of area median income,
adjusted for assumed household size based on presumed occupancy levels of one person in a studio
apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one
additional person for each additional bedroom thereafter.
2. For very low-income households: one-twelfth of thirty percent of fifty percent of area median, adjusted
for assumed household size based on presumed occupancy levels of one person in a studio apartment,
two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person
for each additional bedroom thereafter.
"Affordable units" means living units which are required under this chapter to be rented at affordable rents
or available at an affordable housing cost to specified households.
"Applicant" means a person or entity who applies for a residential project and, if the applicant does not own
the property on which the residential project is proposed, also means the owner or owners of the property.
"Area median income" means area median income for Santa Clara County as published pursuant to California
Code of Regulations, Title 25, Section 6932 (or its successor provision).
"Construction cost index" means the Engineering News Record San Francisco Building Cost Index. If that
index ceases to exist, the community development director shall substitute another construction cost index which
in his or her judgment is as nearly equivalent to the original index as possible.
"Eligible household" means a household whose household income does not exceed the maximum specified
in Section 21.24.040 of this chapter for a given affordable unit.
"Extremely low-income household" means a household whose household income does not exceed the
extremely low-income limits applicable to Santa Clara County, as published and periodically updated by the State
Created: 2022-12-01 08:36:01 [EST]
(Supp. No. 37)
Page 3 of 9
Department of Housing and Community Development pursuant to Section 50105 of the California Health and
Safety Code.
"First approval" means the first of the following approvals to occur with respect to a residential project:
building permit, planned development permit, tentative parcel map, tentative subdivision map, conditional use
permit, site and architectural review permit, or other discretionary city land use approval.
"For-sale project" means a residential project, or portion thereof, which is intended to be sold to owner-
occupants upon completion.
"Household income" means the combined adjusted gross income for all adult persons living in a living unit as
calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or
its successor.
"Inclusionary housing agreement" means an agreement between the city and an applicant, governing how
the applicant shall comply with this chapter.
"Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living
quarters, with cooking, sleeping, and bathroom facilities. For the purposes of this Chapter, Accessory Dwelling
Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall not count as living units.
"Lower-income household" means a household whose household income does not exceed the lower income
limits applicable to Santa Clara County, as published and periodically updated by the California Department of
Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Market rate unit" means a housing unit or the legal lot for such unit offered on the open market at the
prevailing market rate for purchase or rental.
"Moderate-income household" means a household whose household income does not exceed one hundred
twenty percent of the area median income Santa Clara County, as published and periodically updated by the
California Department of Housing and Community Development pursuant to Section 50093 of the California Health
and Safety Code.
"Pending project" means a land use application that has been accepted by the community development
department as complete before the effective date of the ordinance codified in this chapter shall be processed in
compliance with the requirements in effect when the application was accepted as complete by the city.
"Rental project" means a residential project, or portion thereof, which is intended to be rented to tenants
upon completion.
"Residential project" means any parcel map, subdivision map, conditional use permit, site and architectural
review permit, building permit, or other city approval, which authorizes ten or more living units or residential lots,
or living units and residential lots with ten or more in combination., exclusive of any proposed accessory dwelling
units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction of ten or more
living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even
though not covered by the same city land use approval, shall also be considered a residential project. Construction
shall be considered contemporaneous for all units which do not have completed final inspections for occupancy
and which have outstanding, at any one time, any one or more of the following: parcel map, subdivision map, or
other discretionary city land use approvals, or building permits, or applications for such an approval or permits. A
pending project shall not be considered a residential project under this chapter.
"Very low-income household" means a household whose household income does not exceed the very low-
income limits applicable to Santa Clara County, as published and periodically updated by the State Department of
Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
(Ord. 2074 Att. 3 (part), 2006).
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( Ord. No. 2252 , § 20, 11-19-2019)
21.24.040 General requirements.
A. Percentage requirement. At least fifteen percent of all units in a residential project shall be made available at
affordable rents or affordable ownership cost as prescribed in this section and shall be approved and
completed not later than the times prescribed in Section 21.20.040 of this title, unless an alternative
requirement is approved as set forth in Section 21.24.060 of this chapter.
For fractions of units in residential projects, where the fraction is 0.5 or greater, the owner of the
property shall construct the next higher whole number of affordable units, and where the fraction is 0.49 or
less, the owner shall construct the next lower whole number of affordable units.
B. Exceptions. The community development director may grant exceptions to the requirements of this chapter
to residential projects located within the redevelopment project area, upon a finding that such exception is
necessary to effective implementation of the redevelopment plan, while maintaining overall compliance with
affordable housing production requirements set forth in Health and Safety Code Section 33413.
C. Location and design of affordable units. All affordable units shall be reasonably dispersed throughout the
project and shall be comparable to the design of the market-rate units in terms of distribution of model
types, number of bedrooms, appearance, materials and finished quality of the market-rate units in the
project. There shall not be significant identifiable differences between affordable units and market-rate
dwelling units which are visible from the exterior of the dwelling units and the size and design of the dwelling
units shall be reasonably consistent with the market-rate units in the development. Affordable units shall
have the same access to project amenities and recreational facilities as market rate units.
D. For-sale projects. Affordable units which are constructed in for-sale projects for owner-occupancy shall be
sold at affordable ownership cost to lower-income households and moderate-income households. Of these
affordable units in for-sale projects, forty percent of the required fifteen percent, or six percent of the total
units in the residential project, shall be offered at affordable ownership costs exclusively to lower-income
households, provided that where this requirement for lower-income units would result in a fraction of a
lower-income unit, the number of lower-income units shall be rounded up and the number of moderate-
income units which need not be lower-income units shall be rounded down. The sale price of units shall be
based on the methodology established by, and on file with, the Community Development Department.
E. Rental projects. The affordable units which are constructed in rental projects shall be offered for rent at affordable rents to lower-income households and very low-income households. Of these affordable units in
rental projects, forty percent of the required fifteen percent, or six percent of the total units in the
residential project, shall be offered at affordable rents exclusively to very low-income households, provided
that where this requirement for very low-income units would result in a fraction of a very low-income unit,
the number of very low-income units shall be rounded up and the number of lower-income units which need
not be very low-income units shall be rounded down.
F. Priority for rental or purchase of units. Preference in the rental or purchase of affordable units shall be given,
first (for up to ten percent of all affordable units subject to this chapter) to income eligible employees of the
City of Campbell, second to income eligible existing Campbell residents, and third to income eligible persons
employed within the city limits of the City of Campbell.
(Ord. 2074 Att. 3 (part), 2006).
(Ord. No. 2206, § 14, 8-2-2016)
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21.24.050 Time performance.
A. An application for first approval of a residential project will not be deemed complete until the applicant has
submitted plans and proposals which demonstrate the manner in which the applicant proposes to meet the
requirements of this chapter, including any plans for the construction of on-site units pursuant to Section
21.24.040 of this chapter or the applicant's selection of an alternative means of compliance pursuant to
Section 21.24.070 of this chapter.
B. Conditions to carry out the purposes of this chapter shall be imposed on the first approval for a residential
project. Additional conditions may be imposed on later city approvals or actions, including without limitation
planned development permits, tentative parcel maps, tentative subdivision maps, conditional use permits,
site and architectural review permits, or building permits. The conditions of approval included with the first
approval of the residential project shall further provide that prior to the recordation of the parcel map or
final map in the case of subdivisions and or prior to the issuance of building permits in the case of all other
land use permits to which this chapter applies, the applicant shall enter into an inclusionary housing
agreement acceptable to the community development director that contains specific requirements
implementing the condition of approval including, but not limited to, as applicable, the number of affordable
units, the level(s) of affordability, location and type of affordable units, timing of construction of affordable
units in relation to the construction of the market rate units contained in the development, preferences
given in selecting occupants, and amount of the in-lieu fee, if any. The inclusionary housing agreement may
be amended by the parties, provided the amendment is consistent with the condition of approval imposed
as part of the first approval and the then-existing city approvals. If such proposed amendment is minor or
technical in nature, the community development director shall have authority to approve or disapprove the
amendment on behalf of the city. If such proposed amendment makes a substantive or material change to
the inclusionary housing agreement, such amendment shall be effective only if, following notice and hearing
and such other procedures as may be required by law, approved by the city agency that gave the first
approval on the project.
C. No building permit shall be issued for any market rate unit until the applicant has obtained permits for
affordable units sufficient to meet the requirements of Section 21.24.040 of this chapter, or received
approval of an alternative requirement of Section 21.24.070 of this chapter. No final inspection for
occupancy for any market rate unit shall be completed until the applicant has constructed the affordable units required by Section 21.24.040 of this chapter, or completed corresponding alternative performance
under Section 21.24.070 of this chapter. The time requirements set forth in this subsection for issuance of
building permits for market rate units and for final inspections for occupancy for market rate units may be
modified to accommodate phasing schedules, model variations, or other factors in a residential project, if the
city determines this will provide greater public benefit and an inclusionary housing agreement acceptable to
the community development director or the Community Development Director's designee pursuant to
subsection B of this section so provides.
(Ord. 2074 Att. 3 (part), 2006).
21.24.060 Continued affordability and city review of occupancy.
A. Term of affordability—For-sale projects. A resale restriction, covenant, deed of trust and/or other documents
acceptable to the community development director or the director's designee, shall be recorded against
each affordable owner-occupied unit. These documents shall, in the case of affordable units which are
initially sold, be for a term of forty-five years and shall be renewed at the change of each title for a period of
forty-five years. The resale restriction, or other documents authorized by this subsection, and any change in
the form of any such documents which materially alters any policy in the documents, shall be approved by
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the community development director or his or her designee prior to being executed with respect to any
residential project.
B. Term of affordability—Rental projects. A regulatory agreement, covenant, deed of trust, and/or other
documents acceptable to the Community Development Director or the Director's designee, shall be recorded
against each unit/complex for residential projects containing affordable rental units. These documents shall,
in the case of affordable units which are rented, be for a term of fifty-five years and shall be renewed at the
change of each title for a period of fifty-five years. The regulatory agreement and other documents
authorized by this subsection, shall run with the property and not be affected by the sale of the property or
units in the project. The regulatory agreement and other documents authorized by this subsection, and any
change in the form of any such document which materially alters any policy in the document, shall be
approved by the Community Development Director or his or her designee prior to being executed with
respect to any residential project.
C. Eligibility requirements. No household shall be permitted to begin occupancy of an affordable unit unless the
city or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or
otherwise identifies, eligible households, initial and subsequent occupants of affordable units shall be
selected first from the list of identified households, to the maximum extent possible, in accordance with
rules approved by the community development director or his or her designee.
(Ord. 2074 Att. 3 (part), 2006).
21.24.070 Alternatives.
An applicant may elect, in lieu of building affordable units within a residential project, to satisfy the
requirements of this chapter by one of the following alternative modes of compliance, provided that the applicant
includes such election in its application for the first approval of the residential project and that the criteria stated
in the relevant subsection below are satisfied.
A. Rental units in for-sale projects. Where owner-occupied affordable units are required by Section
21.24.040 of this chapter, instead construct as part of the residential project the same or a greater
number of rental units, affordable to lower-income households and very low-income households in the
proportions and at the rents as prescribed in Section 21.24.040(E) of this chapter. Substitution of rental
units shall be allowed under this subsection only if either: (1) the rental units are at least equal in
number of bedrooms to the owner-occupancy units which would have been allowed, or (2) any comparative deficiency in bedrooms is compensated for by additional units and/or affordability to
households with lower incomes.
B. Off-site construction. Construct, or make possible construction by another developer of, units not
physically contiguous to the market-rate units (or units that are physically contiguous to the market-
rate units if the City determines this will provide greater public benefit and if an inclusionary housing
agreement acceptable to the Community Development Director or his or her designee pursuant to
Section 21.24.050(B) of this chapter so provides) and equal or greater in number to the number of
affordable units required under Section 21.24.040 of this chapter. Off-site construction pursuant to this
subsection shall be approved only if:
1. Approval has been secured for the off-site units not later than the time the residential project is
approved and completion of the off-site units is secured by a requirement that final inspections
for occupancy for the related market-rate units be completed after those for the affordable units,
provided that the time requirements set forth in this subsection for final inspections for
occupancy for market-rate units may be modified to accommodate phasing schedules, model
variations, financing requirements, or other factors in a residential project for the off-site units, if
the City determines this will provide greater public benefit, and if an inclusionary housing
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agreement acceptable to the Community Development Director or his or her designee pursuant
to Section 21.24.050(B) of this chapter so provides;
2. The off-site units will be greater in number, larger or affordable to households with lower
incomes than would otherwise be required in Section 21.24.040 of this chapter;
3. Financing or a viable financing plan is in place for the off-site units;
4. In the event the off-site units receive any public assistance, the developer of the residential
project will contribute to the off-site units economic value equivalent to the value of making on-
site units in the developer's residential project affordable; and
5. The City may require that completion of off-site units shall be further secured by the developer's
agreement to pay an in-lieu fee in the amount due under subsection D of this section in the event
the off-site units are not timely completed.
C. Land dedication. Dedicate without cost to the city, a lot or lots within or contiguous to the residential
project, sufficient to accommodate at least the required affordable units for the residential project. An
election to dedicate land in lieu of compliance with other provisions of this chapter shall be allowed
only if:
1. The value of the lot or lots to be dedicated is sufficient to make development of the otherwise
required affordable units economically feasible, and financing or a viable financing plan is in place
for at least the required number of affordable units; and
2. The lot or lots are suitable for construction of affordable housing at a feasible cost, served by
utilities, streets and other infrastructure, there are no hazardous material or other material
constraints on development of affordable housing on the lot or lots, and land use approvals have
been obtained as necessary for the development of the affordable units on the lot or lots.
D. In-lieu housing fee. Where a residential project has an approved density of six or fewer units per acre,
the applicant may elect to pay an in-lieu housing fee, instead of developing the affordable units
required in Section 21.24.040 of this chapter, pursuant to the requirements set forth below in this
subsection.
1. The initial in-lieu fee schedule shall be set by City Council fee resolution or other action of the
City Council so that the fee amounts are not greater than the difference between: (a) the amount
of a conventional permanent loan that an inclusionary unit would support based on the
affordable rent or sales price for the required inclusionary unit; and (b) the estimated total
development cost of prototypical inclusionary units.
2. The City Council may annually review the fees authorized by this subsection D of this section by
resolution, and may, based on that review, adjust the fee amount. For any annual period during
which the City Council does not review the fee authorized by this subsection, fee amounts shall
be adjusted once by the community development director or his or her designee based on the
construction cost index.
3. In-lieu fees shall be calculated based on the fee schedule in effect at the time the fee is paid. In-
lieu fees shall be paid prior to issuance of building permits for market-rate units in a residential
project. If building permits are issued for only part of a residential project, the fee amount shall
be based only on the number of units then permitted. Where payment is delayed, in the event of
default or for any other reason, the amount of the in-lieu fee payable under this subsection D of
this section shall be based upon the fee schedule in effect at the time the fee is paid.
(Ord. 2074 Att. 3 (part), 2006).
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21.24.080 Use of in-lieu housing fees.
A. All in-lieu fees collected under this chapter shall be deposited into a separate account to be designated the
City of Campbell housing trust fund.
B. The in-lieu fees collected under this chapter and all earnings from investment of the fees shall be expended
exclusively to provide or assure continued provision of affordable housing in the city through acquisition,
construction, development assistance, rehabilitation, financing, rent subsidies or other methods, and for
costs of administering programs which serve those ends. The housing shall be of a type, or made affordable
at a cost or rent, for which there is a need in the City and which is not adequately supplied in the City by
private housing development in the absence of public assistance.
(Ord. 2074 Att. 3 (part), 2006).
21.24.090 Waiver of requirements.
Notwithstanding any other provision of this chapter, the requirements of this chapter shall be waived,
adjusted or reduced if the applicant shows that there is no reasonable relationship between the impact of a
proposed residential project and the requirements of this chapter, or that applying the requirements of this
chapter would take property in violation of the United States or California Constitution or otherwise result in an
unconstitutional application of this chapter. To receive a waiver, adjustment or reduction under this section, the
applicant must file a written request together with the development application(s) when applying for a first
approval for the residential project, and/or as part of any appeal which the City provides as part of the process for
the first approval. The written request shall provide substantial evidence showing that there is no reasonable
relationship between the impact of a proposed residential project and the requirements of this chapter, or that
applying the requirements of this chapter would take property in violation of the United States or California Constitution or otherwise result in an unconstitutional application of this Chapter. The City may assume that: (a)
the applicant will provide the most economical inclusionary units feasible meeting the requirements of this
Chapter; and (b) the applicant is likely to obtain housing subsidies when such funds are reasonably available. The
waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional
result, after adoption of written findings, based on substantial evidence, supporting the determinations required
by this section.
(Ord. 2074 Att. 3 (part), 2006).
21.24.100 Enforcement.
A. The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this
Chapter.
B. No permit, license, subdivision approval or map, or other approval or entitlement for a residential project
shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until
all requirements applicable to the residential project at such time pursuant to this Chapter have been
satisfied.
C. The City Attorney shall be authorized to enforce the provisions of this Chapter and all inclusionary housing
agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on
affordable units, by civil action and any other proceeding or method permitted by law.
D. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or
owner from the requirements of this Chapter.
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E. The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the
City from any other remedy or relief to which it otherwise would be entitled under law or equity.
(Ord. 2074 Att. 3 (part), 2006).
Title 21 - ZONING
Chapter 21.26 LANDSCAPING REQUIREMENTS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:01 [EST]
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Chapter 21.26 LANDSCAPING REQUIREMENTS
21.26.010 Purpose.
This chapter provides standards for the provision of landscaping with development to achieve the following
objectives:
A. Enhance the aesthetic appearance of development throughout the city by providing standards related
to the quality and functional aspects of landscaping;
B. Increase compatibility between abutting land uses and public rights-of-way by providing landscape
screening and buffers;
C. Provide for the conservation of water resources through the efficient use of irrigation, appropriate
plant materials, and regular maintenance of landscaped areas; and
D. Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving
neighborhood character, and enhancing pedestrian and vehicular traffic and safety.
(Ord. 2043 § 1 (part), 2004).
21.26.020 Landscaping requirements for individual zoning districts.
The landscaping requirements for individual zoning districts shall be as follows:
A. P-O (Professional Office), NCC-1 (Neighborhood Commercial), PFP-F (Public Facilities):
1. All developments within the POP-O, NCC-1, and PFP-F zoning districts shall be required to
provide for landscaping a minimum of 12 percent of the net site area.
2. Continuous landscaped areas a minimum of 10-feet wide shall be required along the public
street frontages of all developments, excluding driveways.
3. A five-foot planter strip shall be provided along abutting property lines.
B. GCC-2 (General Commercial):
1. All developments within the GCC-2 zoning district shall be required to provide for landscaping a
minimum extent of 10 percent of the net site area.
2. Continuous landscaped areas a minimum of 10-feet wide shall be required along the public
street frontages of all developments, excluding driveways.
3. A minimum five-foot planter strip shall be provided along abutting property lines.
4. Where the frontage and perimeter landscaping requirement does not provide the minimum
coverage of 10 percent of the site area, additional landscaped areas in an amount which makes
up the difference shall be provided.
C. RDC-M (Research and DevelopmentControlled Manufacturing):
1. All developments within the RDC-M zoning district shall be required to provide landscaping a
minimum extent of 10 percent of the net site area.
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2. A minimum five-foot planter strip shall be provided along abutting property lines.
D. LIM-1 (Light Industrial), M-1-A (Light Industrial/Adult Entertainment):
1. All developments within the LIM-1 and M-1-A zoning districts shall be required to provide for
landscaping a minimum extent of eight percent of the net site area.
2. Continuous landscape areas a minimum of 10 feet wide shall be required along the public street
frontages of all developments, excluding driveways.
3. A minimum five-foot planter strip shall be provided along abutting property lines.
E. MDRR-M, MHDRR-2, HDRR-3 (Multiple-Family Residential):
1. All developments within the MDRR-M, MHDRR-2, and HDRR-3 zoning districts shall be required
to provide for landscaping a minimum of 20 percent of the net site area.
F. GC/LI, PO-MU, NC-MU, MHD-MU, CB-MU, GC-MU, HD-MU, CC-MU, TO-MU (Mixed-Use):
1. Except for projects subject to Chapter 21.07 (Multi-Family Development and Design Standards)
all developments within the GC/LI, PO-MU, NC-MU, MHD-MU, CB-MU, GC-MU, HD-MU, CC-MU,
TO-MU zoning districts shall be required to provide for landscaping a minimum of 10 percent of
the net site area.
(Ord. 2043 § 1(part), 2004).
21.26.030 General landscaping requirements for all zoning districts.
The standards contained in this section pertain to all properties except when otherwise provided for by a
development agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Expansion of use or structure. Whenever an existing use or structure is expanded, required landscaped areas
shall be provided to the greatest extent feasible, including parking lot landscaping.
B. Front yard areas. All required front yard areas in all zoning districts shall be landscaped, except driveway
areas and pedestrian walkways.
C. Minimum size. Trees shall be a minimum of 15-gallon size and shrubs shall be a minimum of five-gallon size.
D. Planter areas. Planter areas adjacent to driveways or parking areas shall be protected by six-inch concrete
curbs or other acceptable barriers, as approved by the community development director. Nonporous
materials shall not be placed under plants or trees.
E. Irrigation required. Landscaped areas shall be provided with a permanent automatic underground irrigation
system, or other acceptable irrigation systems as approved by the community development director.
F. Water efficient. Landscaping shall be consistent with Campbell's Water-Efficient Landscape Guidelines which
are incorporated herein by reference and on file with the Community Development Department water-
efficient landscape guidelines.
G. Mix of materials. Required landscaping shall consist of living vegetation consisting of turf, ground cover,
shrubs, trees, and combinations thereof. Landscape areas may contain incidental ornamental materials
including wood chips, rocks, boulders, and pavers used to create walkways, as well as furniture and water
features, when comprising less than 10% of a contiguous landscape area. and boulders in combination to
provide attractive screening of parking lots and other paved areas. Required landscaping shall consist of a
variety of species and sizes.
H. Street frontage. Landscape areas along street frontages shall be measured at right angles to the street and
shall be exclusive of any parking overhang.
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I. Parking lot landscaping. Parking lot landscaping shall be required in compliance with Chapter 21.28 (Parking
and Loading).
J. Additional landscaping. If the required amount of frontage and/or perimeter landscaped areas is not enough
to meet the minimum amount of landscaping required for the zoning district, additional landscaping shall be
provided in other locations on the site.
K. Retain mature trees. New development shall retain or incorporate existing mature trees and vegetation into
the proposed site plan to the greatest extent feasible.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2225, § 12, 8-15-2017)
21.26.040 Landscaping maintenance requirements.
All landscaped areas shall be continuously maintained. Landscaped areas shall be watered on a regular basis
so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy
plants shall be replaced with healthy plants of the same or similar type.
(Ord. 2043 § 1(part), 2004).
21.26.050 Adjustments to landscape requirements.
The planning commission shall have the authority to adjust the landscaping requirements of this chapter for
a specific use at a specific location so as to require either a greater or lesser amount of landscaping when it
determines that there are unique or special circumstances that warrant an adjustment. For all uses not specified in
this section, landscaping shall be required as specified by the planning commission.
(Ord. 2043 § 1(part), 2004).
Title 21 - ZONING
Chapter 21.28 PARKING AND LOADING
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:02 [EST]
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Chapter 21.28 PARKING AND LOADING
21.28.010 Purpose.
This chapter is intended to ensure that adequate off-street parking and loading spaces are provided for each
type of land use in a manner that will ensure their usefulness, support alternative transportation solutions,
improve the urban form of the community, and protect the public safety.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.020 Applicability.
Every use and structure, including a change or expansion of a use or structure shall have appropriately
maintained parking and loading areas in compliance with the provisions of this chapter. A use shall not be
commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily
completed.
(Ord. 2043 § 1(part), 2004).
21.28.030 General parking and loading regulations.
A. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available,
marked and maintained for parking or loading purposes for the use they are intended to serve.
B. Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation
of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit or
restrict authorized persons from using these spaces without prior approval of the community development
director.
C. Restriction of parking area use. Required off-street parking, circulation, and access areas shall be used
exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the sale, lease,
display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or
for any other use not authorized by the provisions of this code.
D. Change in use. When there is a change in use that would require additional parking spaces, the spaces shall
be provided at the time of the change, in compliance with Subsection 21.28.040.D (Expansion/remodeling of
structure, or change in use).
E. Conformance. Uses that were in existence at the time of adoption of this chapter and that were in
conformance with the provisions of this chapter at that time shall not become "nonconforming" solely
because the parking spaces provided do not meet the requirements of this chapter. However, if the use is
enlarged or changed, parking spaces shall be provided as required in this chapter.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
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21.28.040 Number of parking spaces required.
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 nonresidential land uses located in the C-3 (Central
Business District) zoning district, are subject to Section 21.10.060, (C-3 (Central Business) zoning district), and
those located within an overlay combining zoning district subject to a master use permit authorized by
Section 21.14.030.C (Master use permit).
B. San Tomas area neighborhood plan. Parking requirements for low-density residential projects on properties
located within the boundaries of the San Tomas area are provided in the San Tomas area neighborhood plan.
C. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces
required for each separate use.
B.D. Expansion/remodeling of structure, or change in use.
1. Except where a parking modification permit has been granted in compliance with Section 21.28.050,
(Parking modification permit) or as provided for in Section 21.10.060.I.3, (Change in use),when the use
of a structure changes to a use that requires the same, or fewer, number of parking spaces as the
immediately previous use, the number of required parking spaces for the new use shall be the same as
the requirement for the previous use, regardless of the number of spaces actually provided by the
previous use provided that:
a. The previous use was legally established; and
b. No spaces were eliminated by the previous use except as provided for by this Chapter.
2. When a legally established structure is enlarged or increased in capacity, or when a legally established
use is changed to one that requires more off-street parking than the existing or previous use.
a. Only the number of parking spaces required for the addition needs to be provided; or
b. The difference in the required number of parking spaces for the new use and the existing use
only needs to be provided.
3. When a structure (or a portion of a structure) is intentionally demolished, any new use or structure
shall provide the number of parking spaces required by this chapter.
4. Additional parking spaces shall not be required for an addition to a structure made solely for the
purpose of increasing access for disabled persons.
C.E. Uses not listed. Land uses not specifically listed by Subsection A, (Parking requirements by land use), above, shall provide parking as required by the community development director. The community development
director shall use the requirements of Table 3-1 as a guide in determining the minimum number of parking
spaces to be provided.
D.F. Rounding of quantities. When calculating the number of parking spaces required, the parking demand of all
uses sharing parking spaces shall first be totaled prior to rounding the resultant number to the nearest whole
number. any fraction of a number shall be rounded to the nearest whole number.
E.G. Company-owned vehicles. The number of parking spaces required by this chapter does not include spaces
needed for the parking of company-owned vehicles. Parking spaces to accommodate company-owned
vehicles shall be provided in excess of the requirements for a particular land use and shall be screened from
view from the public right-of-way.
F. Electric Vehicle Parking Spaces. Electrical vehicle charging spaces meeting the minimum size requirements of
this Chapter shall count as at least one standard parking space and accessible charging spaces with an access
aisle shall count as two standard parking spaces.
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G. Electric Vehicle Charging Station (EVCS). Notwithstanding anything in this Chapter to the contrary, the
number of required parking spaces for existing uses shall be reduced by the amount necessary to
accommodate one or more EVCS if the EVCS and associated equipment interferes with, reduces, eliminates,
or in any way impacts the required parking spaces for existing uses.
H. Accessible Parking and Access. Notwithstanding anything in this Chapter to the contrary, the number of
required parking spaces for existing uses shall be reduced by the amount necessary to provide the minimum
number and type of accessible parking spaces, and paths of travel, required by the California Building Code
(CBC).
I. Guest Parking Spaces. Where a minimum residential guest parking standard is not otherwise specified by this
Chapter, a minimum of one (1) onsite designated guest parking space for every ten (10) onsite parking spaces
provided shall be required. As set forth by this section, no additional onsite parking spaces shall be required
to satisfy the guest parking requirement, nor shall guest parking be required when found to conflict with the
minimum required assigned parking requirement provided in Section 21.28.040.J – Assignment of Parking
Spaces.
J. Assignment of Parking Spaces. Where onsite parking is provided on a property with residential units, parking
spaces shall be assigned to onsite uses as follows:
1. To residential units until a ratio of one assigned parking space per unit is satisfied; then
2. To non-residential uses until the onsite parking requirements are satisfied; then
3. As residential guest parking until the ratio specified in Section 21.28.040.I – Guest Parking Spaces
has been satisfied.
Table 3-1
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Residential Uses
Accessory dwelling units As specified by Section 21.23.040.H (Parking)
Child day care homes, large In addition to the spaces required for the residential
use, a minimum of 3 additional spaces shall be
required, including 2 loading spaces and 1 employee
space.
Group quarters
(including lodging houses, rooming houses and
fraternities/sororities)
1 space for each bed, plus 1 space for each employee
living off the premises.
Mobile home parks 2 covered spaces for each mobile home (tandem
parking allowed in an attached carport), plus 1 guest
parking space for each 4 units. Guest parking
standards see below* Recreational vehicle parking
shall be provided at the rate of 1 space for every 5
units.
Caretaker and employee housing 2 spaces per unit, 1 of which must be covered.
Single-family dwelling 2 spaces for each unit, 1 of which shall be covered.
Small-lot single-family dwelling 2½ spaces for each unit, 2 of which shall be covered,
plus ½ space designated guest parking space for each
unit.
Multi-family dwellings and transitional housing:
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Single-Room Occupancy Facilities .5 space per unit
- Studio or one bedroom units (up to 625 sq. ft.) 1 space per unit
- Studio or one bedroom units (larger than 625 sq. ft.) 2 covered spaces for each unit, plus ½ space
designated guest parking space for each unit.
- Two or more bedroom units 2½ covered spaces for each unit, plus ½ space
designated guest parking space for each unit.
Transit-oriented developments: Transit-oriented
developments and areas as depicted as “Walkable
Areas” on the Form-Based Zoning Map as provided for
by CMC 21.07 – Multi-Family Development and Design
Standards:
- Studio or one bedroom units (up to 625 sq. ft.) 1 space per unit
- Studio or one bedroom units (larger than 625 sq. ft.) 1½ covered spaces for each unit, plus ½ space designated guest parking space for each unit.
- Two or more bedroom units 2 covered spaces for each unit, plus ½ space
designated guest parking space for each unit.
Duplex/triplex/fourplex 2 spaces for each unit, 1 of which shall be covered.
Residential care facilities
(including assisted living facilities, licensed care,
unlicensed care, residential care homes,
convalescent/rest homes, and sanitariums)
1 space for each 2 beds.
Senior citizen housing Quantity to be determined through a parking study
prepared by a qualified transportation engineer.
Transitional housing /emergency shelters 1 space for each 3 beds.
Emergency shelters 1 space for each 400 sq. ft. of gross floor area or one
space per employee, whichever is less
Nonresidential Uses
Education, Public Assembly and Recreation
Commercial day care center 1 space for each employee plus 1 space for each 5
children.
Schools/Instructional Uses:
Elementary/junior high 1½ spaces for each classroom, plus 1 space for each 75
sq. ft. of assembly area.
High school 10 spaces for each classroom, plus 1 space for each 75
sq. ft. of assembly area.
Commercial schools 1 space for each instructor/employee, plus 1 space for
each 4 students, but not less than 1 space per 200 sq. ft. of gross floor area.
Studios, small 1 space for each 250 sq. ft. of gross floor area.
Studios, large 1 space for each instructor/employee plus 1 space for
each 4 participants, but not less than 1 space per 200
sq. ft. of gross floor area.
Tutoring center, small 1 space for each 200 sq. ft. of gross floor area.
Tutoring center, large 1 space for each instructor/employee plus 1 space for
each 4 students, but not less than 1 space per 200 sq.
ft. of gross floor area.
Public facilities:
Community/cultural/ recreational center 1 space for each 200 sq. ft. of gross floor area
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Libraries, museums, art galleries 1 space for each 200 sq. ft. of gross floor area.
Public assembly:
Places of public assembly 1 space for each 4 seats, plus 1 space for each 40 sq.
ft. of public assembly seating area, if the seats are not
fixed.
Entertainment and recreation:
Arcades and indoor amusement/recreation centers 1 space for each 200 sq. ft. of gross floor area.
Bowling alleys 4 spaces for each lane plus required spaces for
ancillary uses.
Health/fitness centers 1 space for each 150 sq. ft. of gross floor area.
Pool and billiard rooms 4 spaces for each table plus required spaces for
ancillary uses.
Private clubs 1 space/ for each 200 sq. ft. of gross floor area.
Skating rinks 1 space for each 400 sq. ft. of gross floor area plus
required spaces for ancillary uses.
Tennis/racquetball/handball or other courts 2 spaces for each court, plus 1 space for each 300 sq.
ft. of gross floor area used for ancillary uses.
Theaters, concert halls, banquet facilities 1 space for each 3 fixed seats or 1 space for each 35
sq. ft. of gross assembly area where fixed seating is
not provided.
Manufacturing and Processing
General manufacturing, industrial, and processing
uses
1 space for each 400 sq. ft. of gross floor area.
Research and development, laboratories 1 space for each 300 sq. ft. of gross floor area (parking
shall not be provided in excess of this standard).
Warehouses and storage facilities (not including mini-
storage for personal use)
1 space for each 400 sq. ft. of gross floor area.
Motor Vehicle and Related Retail Trade and Services
Motor vehicle parts and supplies (very limited
maintenance/installation)
1 space for each 350 sq. ft. of gross floor area.
Motor vehicle repair and maintenance, and oil change
facilities
2 spaces per single-serving service bay, plus 1 space
for each 225 sq. ft. of non-service area (e.g., waiting or customer service areas). Motor vehicle repair and
maintenance, and oil change facilities with service
bays with the capacity to service more than one
vehicle shall provide additional parking commensurate
with this standard.
Gasoline stations In addition to fueling spaces, 1 space for each 250 sq.
ft. of convenience market area or not less than 2
spaces if no convenience market.
Motor vehicle, boat, or trailer sales, leasing and
renting
In addition to space provided for merchandise display,
one space for each 450 sq. ft. of outdoor display area
or indoor showroom area, plus 1 space for each 225
sq. ft. of office area, plus 1 space for each 750 sq. ft.
vehicle warehousing space.
Self-service vehicle washing 2 spaces for each washing stall, for queuing and
drying.
Full-service vehicle washing 1 space for each 250 sq. ft. of gross floor area, plus 10
spaces for each wash lane in the drying area.
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Retail Trade
Banks and financial services 1 space for each 350 sq. ft. of gross floor area.
Building materials, hardware stores, garden centers
and plant nurseries
1 space for each 300 sq. ft. of indoor display area, plus
1 space for each 1,000 sq. ft. of outdoor display area.
Furniture stores 1 space for each 400 sq. ft. of gross floor area.
Retail stores, speculative commercial buildings 1 space for each 200 sq. ft. of gross floor area, but not
less than 2 spaces per use, plus 1 space for each 1,000
sq. ft. of outdoor display area.
Warehouse retail stores 1 space for each 300 sq. ft. of gross floor area.
Services
Services, general 1 space for each 250 sq. ft. of gross floor area, but not
less than 2 spaces per use.
Hotels and motels 1 space for each unit, plus 1 space for each employee.
Professional offices 1 space for each 225 sq. ft. of gross floor area.
Medical services:
Medical, dental clinic, offices, and laboratories 1 space for each 200 sq. ft. of gross floor area.
Hospitals, extended care 1¼ space for each bed, plus 1 space for each 400 sq. ft.
of office area, plus required spaces for ancillary uses
Restaurants:
Eating/drinking establishment (no drive-through) 1 space for each 3 seats (indoor or outdoor), plus 1
space for each 200 sq. ft. of non-dining floor area.
Eating establishment (with drive-through) 1 space for each 3 seats, plus 1 space for each 200 sq.
ft. of non-dining floor area. A queuing lane is required
in compliance with Section 21.28.080(E), (Drive-
through windows).
Drive-in restaurant 1 space for each employee, plus 1 space for each 40
sq. ft. of gross floor area.
Restaurants, delicatessens, take out only, no customer
seating
1 space for each 250 sq. ft. of gross floor area, but not
less than 2 spaces per use.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 20, 11-1-2016; Ord. No. 2216, §§ 11, 12, 12-12-2016)
21.28.045 Reductions in the number of parking spaces required.
Reductions in the number of parking spaces required by Table 3-1 may be granted in compliance with this
section.
A. Projects located within one-half mile of public transit. As provided for by Government Code Section
65585, no vehicle parking spaces shall be required for any development project or use that is located
within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code
with the added clarification that bus routes traveling in the same direction, or with the same route id,
or with bus stops located more than 150 feet in distance from one another shall not be considered as
major bus routes. A map showing eligible properties and/or areas shall be on file with the Community
Development Department.
B. Motorcycle parking. Developments that provide twenty or more parking spaces may substitute
motorcycle parking for up to five spaces or ten percent of required vehicle parking, whichever is less.
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For every four motorcycle parking spaces provided, the vehicle parking requirement shall be reduced
by one space. Motorcycle space dimensions shall be a minimum of four feet by six feet.
C. Residential and Mixed-use development. Residential and mixed-use development projects with a
residential component may reduce the number of parking spaces required by Table 3-1 as follows,
provided that a minimum of one bundled (assigned) parking space per residential unit is always
maintained:
1. Shared Parking: Up to 50% percent of the guest parking spaces required for the residential
component may be counted toward satisfying the parking required for the nonresidential
component when provided as shared parking, in compliance with the following standards:
i. Parking Management Plan. An application for a mixed-use project shall include a
parking management plan that provides for the design, duration, oversight, and
operation (e.g., hours of use, commercial land-use restrictions etc.) of shared parking
spaces, prepared to the satisfaction of the decision-making body.
ii. Location. Shared parking spaces shall be located in a manner that is accessible and
convenient to both the commercial tenant spaces and residential units.
iii. Signs. Shared parking spaces shall be posted with signs indicating their shared use and
any applicable restrictions.
2. Carshare Parking: A reduction of five residential parking spaces for every carshare parking space
provided.
21.28.050 Parking modification permit.
A reduction in the number of parking spaces required by Table 3-1 for nonresidential uses may be granted by
approval of a parking modification permit, in compliance with this section.
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 overlay combining
zoning district.
B. Decision-making authority. The decision-making body for a parking modification permit shall be the decision-making body established for the accompanying land use permit or zoning clearance
application, as specified by Chapter 21.38, (Application Filing, Processing, and Fees), except that the
city council shall be the decision-making body for properties located in the C-3 (Central Business
District) zoning district.
C. Notice and decision. The notice and decision for a parking modification permit filed in conjunction with
an application for a zoning clearance or administrative permit shall be subject to the administrative
decision process as prescribed in Chapter 21.71, (Administrative Decision Process). A parking
modification permit filed in conjunction with any other land use permit application shall be subject to
the public hearing process as prescribed in Chapter 21.64, (Public Hearing).
D. Application requirements. An application for a parking modification permit shall be filed with the
community development department in conjunction with the accompanying land use permit or zoning
clearance application in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
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E. Applicant's responsibility. It is the responsibility of the applicant to provide pertinent documentation
necessary to establish evidence in support of the findings required by Subsection G, (Determination
permit).
F. Parking demand study. A parking demand study, prepared by a qualified transportation engineer, shall
be required as follows, unless otherwise waived by the community development director. At the
discretion of the community development director, the study shall be conducted under the direction of
the City and paid for in advance by the applicant.
a. Construction or enlargement of a nonresidential, residential, or mixed-use structure(s) when the
number of parking spaces provided is less than ninety percent of that required by this chapter.
b. A new use in an existing structure where no expansion of floor area is proposed, when the
number of parking spaces available to the use is less than ninety percent of that required by this
chapter.
G. Determination on permit. A parking modification permit shall be approved only after the decision-
making body makes the following findings for approval:
a. Due to the unique nature and circumstances of the project, or special development features, the
anticipated number of parking spaces necessary to serve the use or structure is less than that
required by the applicable off-street parking standard, and would be satisfied by the existing or
proposed number of parking spaces, as supported by review of the applicant's documentation
and/or a parking demand study prepared by a qualified transportation engineer accepted by the
decision-making body;
b. Conditions of approval have been incorporated into the project to ensure the long-term
adequacy of the provided off-street parking; and
c. Approval of the parking modification permit will further the purpose of this chapter.
H. Conditions of approval. In approving a parking modification permit, the decision-making body shall
incorporate conditions of approval as necessary to ensure the long-term adequacy of off-street parking
facilities, including, but not limited to, restrictions on the scope and operational characteristics of
proposed use(s), restrictions on future use(s), and provisions for alternative transportation programs or
development features that justify the granting of a parking modification permit.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 21, 11-1-2016)
21.28.055 Mixed-Use developments.
Parking in a mixed-use project shall be provided for each use in compliance with Table 3-1, (Parking
Requirements by Land Use), except that fifty percent of the guest parking spaces required for the residential
component may be counted towards satisfying the parking required of the commercial component as shared
parking, in compliance with the following standards:
A. Parking Management Plan. An application for a mixed-use project shall include a parking management
plan that provides for the design, duration, oversight, and operation (e.g., hours of use, commercial
land-use restrictions etc.) of shared parking spaces, prepared to the satisfaction of the decision-making
body.
B. Location. Shared parking spaces shall be located in a manner that is accessible and convenient to both
the commercial tenant spaces and residential units.
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C. Signs. Shared parking spaces shall be posted with signs indicating their shared use and any applicable
restrictions.
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.060 Disabled parking requirements.
Parking areas shall include parking spaces accessible to the disabled in the following manner:
A. Fulfilling of requirements. Disabled accessible parking spaces required by this chapter shall count
toward fulfilling the parking requirements of this chapter.
B. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance
with California Building Codes and other applicable State and Federal Lawsthe uniform building code
and the Federal Accessibility Guidelines.
C. Reservation of spaces required. Disabled access spaces shall be reserved for use by the disabled
throughout the life of the use.
D. Residential multi-family uses. For each dwelling unit required to be designed to accommodate the
physically handicapped or required to be made adaptable for the physically handicapped, the required
covered parking shall be designed as required by Part 2, Title 24, California Administrative Code.
E. Upgrading of markings required. If amendments to State law change standards for the marking,
striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in
compliance with the new state standards.
(Ord. 2043 § 1 (part), 2004).
21.28.065 Motorcycle parking.
Developments that provide twenty or more parking spaces are may designate parking facilities for motorcycle parking in compliance with this section. Motorcycle parking may substitute for up to five spaces or ten
percent of required vehicle parking, whichever is less. For every four motorcycle parking spaces provided, the
vehicle parking requirement shall be reduced by one space. Motorcycle space dimensions shall be a minimum of
four feet by six feet. Existing parking may be converted to take advantage of this provision.
(Ord. 2043 § 1 (part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.070 Bicycle parking.
Short-term and long-term bicycle parking facilities shall be provided in compliance with Part 11, Title 24,
California Code of Regulations, as required by Chapter 18.26, (Green Building Standards Code) except that in no
case shall less than one (1) bicycle parking space per four (4) residential dwelling units and/or 2,500 square feet of
non-residential gross floor area. The decision-making body may require additional bicycle parking beyond this
requirement for non-residential uses in order to the further the purpose of this chapter.
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
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21.28.075 Clean air and non-emitting vehicle and van pool parking.
Parking for low-emitting, fuel-efficient and van pool vehicles shall be provided in compliance with Part 11,
Title 24, California Code of Regulations, as required by Chapter 18.26, (Green Building Standards Code).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.080 Development standards for off-street parking.
Off-street parking areas shall be designed and constructed in compliance with the following standards:
A. Location. Off-street parking spaces shall be provided on the same site as the use outside of any public
right-of-way, except that the planning commission may approve parking for nonresidential uses on a
parcel directly abutting the parcel subject to the recordation of a covenant running with the land
recorded by the owner of the parking area guaranteeing that the required parking will be maintained
for the life of the use or activity served.
B. Access to parking areas and parking stalls.
1. Parking space access. Except for one and two-family dwellings, all parking facilities shall be
designed so that no parking space blocks the access to another parking space or driveway, unless
otherwise allowed by a development permit. Further, in no case shall a backup distance of less
than twenty-five feet be provided to a parking space where access to the parking space is
provided at an angle greater than 60 degrees.
2. On-site maneuverability. Except for one and two-family dwellings, parking areas shall provide
suitable on-site maneuvering room so that vehicles do not back out into the street.
3. Required yards. Parking areas shall not be developed in a required front or side yard fronting on a
public street.
4. Relationship to the public right-of-way. No garage or carport shall be closer than twenty-five feet
to a public right-of-way.
5. Adjacent site access. Applicants for nonresidential uses shall provide shared vehicle and
pedestrian access between adjacent nonresidential properties for convenience, safety and
efficient circulation, as practical. A joint access agreement guaranteeing the continued availability
of the shared access between the properties and running with the land shall be recorded by the
owners of the abutting properties, as approved by the community development director.
6. Guest parking spaces. Guest parking spaces shall be clearly marked for guest parking only and
shall be dispersed throughout the development site, except as otherwise allowed by Section
21.28.050.C5, (Mixed use developments).
7. Shared driveways. Nonresidential projects and mixed-use projects shall consolidate driveways to
reduce the amount of curb cuts and paving, where possible.
C. Parking space dimensions.
1. Residential uses. The minimum dimensions for residential parking spaces shall be nine feet by
twenty feet.
21. Nonresidential uses. All parking spaces shall be designed as uni-stall:
a. Parking spaces shall have a minimum stall width of dimensions shall be a minimum of eight
and a half feet and stall length of by eighteen feet, except that parallel parking spaces
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dimensions shall have a minimum stall width of be eight and a half feet and stall length of
by twenty-two feet. Parking overhangs may be permitted in compliance with Subsection
21.28.080(G)(7), (Bumper overhang areas).
b. Parking spaces with dimensions greater than those specified by this section may be created
so long as all parking spaces remain uniform is size.
c. Standard and compact parking spaces in existence prior to July 1, 2011 may be maintained
through periodic restriping. However, repaving of parking surfaces shall require restriping
in accordance with this chapter, so long as the restriping does not result in a fewer number
of parking spaces than currently exist.
D. Parking diagrams and table. The width of aisles in parking lots and minimum dimensions shall be
provided in compliance with this chapter and Table 3-2 and Figure 3-7.
Figure 3-7
Illustration of Parking Dimensions
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TABLE 3-2
Off-Street Parking Dimensions
Minimum Uni-Stall Parking Space Dimensions
Angle
(A)
Stall
Width
(B)
Stall
Length
(C)
Stall
Depth
(D)
Aisle Width
(One Way Aisle)
(E)
Total Module
Width
(F)
0° 8′6″ 22′ 8′-6″ 12′ 29′
30° 8′6″ 18′ 16′-6″ 15′ 48′
45° 8′6″ 18′ 18′-9″ 15′ 52′-6″
60° 8′6″ 18′ 19′-9″ 16′ 55′-6″
90° 8′6″ 18′ 18′ 25′* 61′
* Two-way aisle dimension.
E. Drive-through windows. For each use that provides drive-through window service to occupants of
vehicles, there shall be a queuing lane of not less than twelve feet in width, and providing a queuing
length adequate to serve the demand of the use and prevent the blocking of drive aisles and traffic
lanes. Upon application for a new land use permit or zoning clearance for a drive-through use, the
community development director may require submittal of a vehicle circulation study prepared by a
qualified transportation engineer to determine the necessary queuing length to adequately serve the
demand of the use. At the discretion of the community development director, the study shall be
conducted under the direction of the city and paid for in advance by the applicant.
F. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and
safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site
structure(s). All illumination, including security lighting, shall be directed downward, away from
adjacent properties and public rights-of-way in compliance with Section 21.16.060, (Outdoor light and
glare) of this title.
G. Landscaping. Parking lot landscaping shall be provided in compliance with Chapter 21.26, (Landscaping
Requirements) of this title and the following additional requirements:
1. Perimeter parking lot landscaping. The minimum dimensions of street frontage and perimeter
landscaping shall be provided in compliance with the dimensions outlined in Chapter 21.26,
(Landscaping Requirements) of this title.
2. Interior parking lot landscaping. Where twenty-five or more parking spaces are provided, an
interior parking lot landscaped area shall be required, which may include the required frontage
and perimeter landscaped areas if adjacent to the parking spaces. Interior landscaped area(s)
shall be provided at a rate of twenty square feet of landscaping for each parking space.
3. Landscape materials. Landscaping materials shall be provided throughout the parking lot area
using a combination of trees, shrubs, and ground cover. Drought-tolerant landscape materials
shall be emphasized.
4. Trees. Where twenty-five or more parking spaces are provided, a minimum of one tree per eight
parking spaces, or any fraction thereof, shall be required. Tree spacing shall be provided at a
minimum to provide a tree canopy over the parking lot. Parking spaces covered by carports or
solar panels shall not be subject to this requirement.
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5. Screening. A combination of landscaping and decorative walls, in compliance with Section
21.18.060, (Fence, walls, lattice and screens) of this title shall be located around parking areas as
a visual screen.
6. Curbing. Areas containing plant materials shall be bordered by a concrete curb at least six inches
high and six inches wide. Alternative barrier designs may be approved by the decision-making
body.
7. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of
the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving or
the walkway may be increased, allowing a two-foot bumper overhang while maintaining the
required parking dimensions. Bumper overhang areas shall not encroach into required walkways,
required landscape areas, or right-of-way.
H. Striping and identification.
1. Vehicular. Parking spaces shall be clearly outlined with four-inch wide lines painted on the
surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly
marked with directional arrows and lines to ensure safe traffic movement.
2. Disabled. Parking spaces for the disabled shall be striped and marked so as to be clearly identified
in compliance with the applicable state standards.
I. Surfacing.
1. Motorcycle and vehicular. Parking spaces and maneuvering areas shall be paved and
permanently maintained with asphalt, concrete, or other all-weather surfacing approved by the
community development director. Grass block cells are not allowed.
2. Hollywood drives. Hollywood drives shall be allowed for one and two-family residential
driveways.
3. Overflow parking areas. Pervious paving materials shall be used for overflow parking areas to the
extent possible.
J. Pedestrian walkways. Nonresidential developments shall provide separate walkways through the
parking lot that connect on-site buildings and public sidewalks, to the greatest extent feasible.
K. Drainage.
1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels.
2. Parking lots shall be designed in compliance with the storm water quality and quantity standards
of the city's best management practices, and shall be approved by the city engineer. To the
extent feasible, parking lot designs shall reduce the amount of storm water flow and pollutants
from entering the storm drain system.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.090 Driveways and site access.
Driveways providing site access shall be from an improved street, alley, or other public and/or private right-
of-way, and shall be designed, constructed, and maintained as follows:
A. Driveway separation. Driveways shall be separated along the street frontage as follows:
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1. Single-family and duplex residential development. Driveways shall be a minimum of five feet
from side property lines, unless a shared, single driveway is approved by the community
development director. The setback does not include the transition or wing sections on each side
of the driveway and does not apply to flag lots.
Figure 3-8
Driveway Separation
2. Multi-family and nonresidential development. Where two or more driveways serve the same or
adjacent multi-family or nonresidential development, the centerline of the driveways shall be
separated by a minimum of fifty feet. Exceptions to this standard shall be subject to the approval
of the city engineer.
B. Driveway/Drive aisle width and length.
1. Single-family and two-family uses.
a. Each single-family dwelling shall provide a minimum eight-foot wide paved driveway/drive
aisle continuous from the street or other public right-of-way providing access to the
property, garage, or carport.
b. The minimum length for a driveway shall be twenty-five feet exclusive of any public right-
of-way.
2. Multi-family dwellings, and nonresidential uses. Driveways/drive aisles for all uses, except single-
family and two-family uses, shall be governed by Table 3-2 (Off-Street Parking Dimensions) and
Figure 3-7 (Illustration of Parking Dimensions) except that in no case shall a one-way driveway/
drive aisle be less than ten feet in width and a two way driveway/drive aisles be less than twenty
feet in width.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
21.28.100 Design of parking structures.
A. Architectural character. Parking structures visible from street frontages shall be designed to be compatible
with the architectural detailing and quality of adjacent buildings. Long blank walls adjacent to pedestrian
sidewalks shall be avoided. Whenever appropriate, retail uses should be integrated into the ground floor of
the structure adjacent to the public sidewalk.
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B. Access ramps. Access ramps shall be located within the structure and separate from exterior walls.
(Ord. 2043 § 1 (part), 2004).
21.28.110 Loading space requirements.
A. Number of loading spaces required. When onsite parking is provided, at least one off-street loading space
shall be provided for apartment buildings and mixed-use development projects with 16 or more dwelling
units, and one additional off-street loading space shall be provided for every 150 or more dwelling units
thereafter. Off-street loading spaces for nonresidential uses shall be the minimum number required to
adequately serve the building or use or in amounts as required by the planning commission.
B. Development standards for loading areas. Loading areas shall be provided in the following manner:
1. Dimensions. Loading spaces shall be not less than twelve feet in width, twenty-five feet in length, with
fourteen feet of vertical clearance.
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and
safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting
standards shall be energy-efficient and in scale with the height and use of adjacent structure(s).
Lighting shall meet the requirements for light and glare in Section 21.16.060, (Outdoor light and glare).
3. Loading doors and gates. Loading bays and roll-up doors shall be painted to blend with the exterior
structure wall(s) and be located on the rear of the structure only. Bays and doors may be located on
the side of a structure, away from a street frontage, where the community development director
determines that the bays, doors, and related trucks will be adequately screened from the public right-
of-way.
4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing
showing the ramp, ramp transitions, and overhead clearances.
5. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if
feasible.
b. Situated to ensure that the loading facility is screened from adjacent streets as much as possible.
c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent
public rights-of-way or other traffic areas on-site.
d. Situated to avoid adverse impacts upon neighboring properties.
6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with
Section 21.18.120 (Screening and buffering).
7. Impacts. All loading areas shall be designed to be sensitive to visual and noise impacts. This may
include larger setbacks from adjacent properties, screening walls, substantial landscaping, acoustic
materials, equipment usage, and building modifications.
8. Striping. Loading areas shall be striped white (for passengers or mail) or yellow (for freight) indicating
the loading spaces and identifying the spaces for "loading only." The striping shall be permanently
maintained by the property owner/tenant in a clear and visible manner at all times.
(Ord. 2043 § 1 (part), 2004).
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21.28.120 Recreational vehicle parking.
Recreational vehicles may be parked in residential zoning districts only in compliance with the following
requirements:
A. Recreational vehicles shall be parked on private property and shall not be parked on or over a public
sidewalk ;
B. Recreational vehicles shall not be parked within the public right-of-way when signage has been posted
prohibiting such parking;
C. Recreational vehicles shall be parked on a paved surface;
D. Recreation vehicles shall not impede safe entry to or exit from any residential structure and shall not
inhibit emergency access to and from any structure; and
E. Recreational vehicles shall not be used for camping purposes, except in compliance with the provisions
of Chapter 6.40 of the Campbell Municipal Code.
(Ord. 2043 § 1 (part), 2004).
( Ord. No. 2251 , § 4, 10-15-2019)
Title 21 - ZONING
Chapter 21.30 SIGNS*
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:02 [EST]
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Chapter 21.30 SIGNS*
* Prior ordinance history: Ord. 2043.
21.30.010 Purpose.
This chapter regulates the height, size, location, duration, and design of signs for the following purposes:
A. To preserve and improve the visual quality of the city;
B. To eliminate hazards to pedestrians and motorists brought about by distracting sign displays;
C. To ensure architectural compatibility with adjacent buildings and the surrounding environment;
D. To promote the economic vitality of the city by maintaining the identification, visibility and individual
character of each business; The city recognizes the economic need for a sign to function as a means of
business and product identification, as well as to communicate messages of a noncommercial nature.
This chapter is intended to allow a reasonable amount of signing for business, product, building identification, and noncommercial messages so as to provide adequate information to the public
without creating a cluttered visual environment. These regulations shall apply to all zoning districts in
addition to any specific provisions in the applicable zoning district regulations. The City Council finds
that any and all violations of this chapter unnecessarily detract from the public health, safety, and
welfare and are indecent and offensive to the senses in that they unnecessarily clutter the
environment and therefore constitute a public nuisance.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.020 Definitions.
As used in this chapter:
"Animated" means any sign which includes action or motion or the optical illusion of action or motion,
changes in intensity of illumination, or color changes of all or a part of the sign facing, which actions or changes
require an energy source or are set in motion by movement of the atmosphere.
"Banner" means any sign of lightweight fabric or similar material that is attached to a building or other
structure erected for another purpose.
"Business" means a legally recognized entity that offers services, property, goods, products,
accommodations or supplies to the public or some segment thereof, whether or not offered for compensation. For
purposes of this chapter, each business tenant or nonresidential occupancy located within the nonresidential
zoning districts of the city of Campbell shall constitute a distinct business.
"Business frontage" means the linear length of that portion of a building (normally where the main entrance
is located) in which a business is located that faces a street, parking lot, pedestrian mall, arcade, or walkway.
"Civic event" means a community event of general public interest taking place within the city, which
promotes or serves as a fundraiser for a nonprofit organization.
"Civic organization" means a nonprofit organization whose activities benefit the community (e.g., chamber of
commerce, fire fighters association, boy scouts, girl scouts, churches, and school districts).
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"Commercial center" means two or more commercial, professional or industrial businesses in the same
building or group of buildings, which also share common street access and/or parking areas. "Commercial center"
includes "Shopping center."
"Commercial message" means any message, the prevailing thrust of which is to propose a commercial
transaction or name, advertise or call attention to a business, product, accommodation, service or other
commercial activity.
"Commercial sign" means any sign that directly or indirectly names, advertises or calls attention to a
business, product, accommodation, service or other commercial activity.
"Flag" means a devise generally made of flexible materials, usually cloth, paper or plastic, usually used as a
symbol of a government, school, or institution, which does not contain a commercial message.
"Freestanding sign" means a sign substantially or completely detached from a building and not projecting
through the roof or eaves of a building.
Figure 3-9
Freestanding Sign
"Freeway-oriented signs" means signs which are located on a property adjoining a freeway or expressway
and are oriented to, or which are intended to be viewed primarily from freeways or expressways.
"Height" means the vertical distance from the adjacent finished grade to the highest portion of the sign
structure. Accentuated grades (e.g., planter boxes) above natural grade levels immediately under or contiguous to
a freestanding sign shall be included in the calculation of height.
"Noncommercial message" means any message that is not a commercial message as defined in this chapter.
"Noncommercial sign" means any sign that is not a commercial sign as defined in this chapter.
"Off-site sign" means a sign, located in either the public right-of-way or on a parcel different from that
occupied by the business, accommodations, services, property or commercial activities advertised or identified on
the sign, or which is otherwise not an on-site sign.
"On-site sign" means a sign advertising or identifying property, products, accommodations, services, or
activities provided on the site on which the sign is located.
"Permanent sign" means every sign except "temporary sign" as defined in this section.
"Political sign" means a sign which is intended to influence the vote for the passage or defeat of a measure,
or for the election or defeat of a candidate for nomination or election in any governmental election.
"Portable signs" means signs that are not permanently attached to the ground or a permanent structure
(e.g., A-frame signs and sandwich-Board signs).
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"Promotional devices" means temporary items other than signs used to attract attention toward a business
(e.g., streamers, flags, searchlights, balloons, etc.).
"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
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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"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.
"Sign" means any structure, device, figure, painting, display, message placard, or other contrivance, or any
part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to
provide data or information in the nature of advertising, to direct or attract attention to an object, person,
institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination, or projected images.
"Site" means the parcel or commercial center, whichever is larger, on which the business, accommodations,
services, property, products or commercial activities identified or advertised on a sign are located, except 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.
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"Temporary sign" means any sign displayed for infrequent and/or limited time periods.
"Wall sign" means a sign that is painted on, attached to, or erected against a wall of a building or structure.
Figure 3-11
Wall Sign
"Window sign" means any sign that is temporarily attached to or lettered on the exterior or interior of a
store window or is located inside a building in a manner that it can be seen from the exterior of the structure.
Figure 3-12
Window Sign
(Ord. 2070 § 1 (Exh. A)(part), 2006).
(Ord. No. 2181, § 2(Exh. A), 9-2-2014; Ord. No. 2213, §§ 3, 4, 11-1-2016)
21.30.030 Administrative procedures.
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.
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3. Any illegal or nonconforming signs associated with the business are made to comply with the
provisions of this chapter.
B. Permit expiration. Any building permits or sign approvals issued by the city shall expire six months from the
date of approval unless the sign has been erected in compliance with the approvals.
C. Signs requiring City Council or planning commission approval. The following signs shall require approval of
the planning commission or the City Council, as specified below, in compliance with the regulations of this
chapter and the requirements of Chapter 21.64, (Public Hearings) of this title:
1. Freeway-oriented signs. Freeway-oriented signs shall require approval by the City Council upon
recommendation from the planning commission pursuant to the provisions of Section 21.30.080(E) of
this chapter.
2. Off-site signs. Off-site signs shall require approval by the planning commission pursuant to the
provisions of Section 21.30.080(F) of this chapter.
3. ReaderBoard signs. ReaderBoard signs shall require approval by the planning commission pursuant to
the provisions of Section 21.30.080(G) of this chapter.
4. Increased sign area or increased sign height. The planning commission shall approve increased sign
area or increased sign height when it determines that the signs otherwise allowed by this chapter
would not be visible to the public due to issues of distance or obstructions that are beyond the control
of the owner of the site on which the signs are or would be located. No sign shall be increased in size or
height more than is necessary to allow the signs to be visible and intelligible to a person of normal
sight; and in no event may any sign exceed forty-five feet in height or three hundred fifty square feet in
area.
5. Additional signs. The planning commission shall approve additional signs when it determines that all of
the following have been met:
a. The signs otherwise allowed by this chapter would not be visible to the public due to issues of
distance or obstructions that are beyond the control of the owner of the site on which the signs
are or would be located;
b. The signs could not be made visible and intelligible to a person of normal sight by allowing an
increase in the area or height of the sign pursuant to subsection (C)(4), (Increased sign area or
increased sign height) of this section;
c. The additional signs comply with all the requirements of this chapter, except for the limitations
on the number of signs; and
d. The number of signs allowed pursuant to this provision shall not exceed the minimum number of
signs necessary to make the signs visible to the public due to issues of distance or obstructions
that are beyond the control of the owner of the site on which the signs are or would be located,
which could not be accomplished by the number of signs otherwise allowed by this chapter.
6. Temporary off-site signs. The planning commission shall approve up to two temporary off-site signs
when it determines that all of the following have been met:
a. It is temporarily impossible to locate signs on site due to construction activities or destructive or
dangerous conditions; and
b. The signs would comply with all of the provisions of this chapter, except for being located off-
site.
7. Sign applications referred by the community development director. The community development
director shall have the option of referring an application for a sign permit to the planning commission
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for its review and decision if the director finds that there are discrepancies of fact bearing on the
approval of the application.
D. Application form and content. An application for a sign permit, signed by the property owner or duly
authorized agent, shall be filed with the community development department. The application shall contain
information regarding the size, color, illumination (intensity and type), materials, number, location, type of
signs, and the location and nature of the business on the site.
E. Approval of permit. A sign permit shall be approved, provided that:
1. Inspection of the site and the proposed sign and review of the plans disclose that the signs will comply
with all of the regulations of this chapter. The decision-making body may attach the conditions as are
necessary to carry out the intent of this chapter; and
2. The owner and/or applicant agree to abide by the sign regulations and conditions imposed.
F. Time for decision. The decision-making body shall approve or deny all applications within the following time
periods, which shall not apply to appeals taken from the initial decision:
1. The community development director shall approve or deny applications for which the director is the
decision-making body within thirty days from the date that the application is deemed complete;
2. The planning commission shall approve or deny applications for which it is the decision-making body
within forty-five days from the date that the application is deemed complete;
3. The City Council shall approve or deny applications for which it is the decision-making body within sixty
days from the date that the application is deemed complete.
G. Appeals from decisions. A decision of the community development director or planning commission may be
appealed in compliance with Chapter 21.62, (Appeals) of this title, in accordance with the criteria set forth in
this chapter. The failure of an applicant to exercise the applicant's right to an appeal shall not bar the
applicant from pursuing judicial review of any decision rendered under this chapter.
H. Master sign plan required.
1. 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.
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, and/or 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.
3. Design 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;
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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 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.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
(Ord. No. 2213, §§ 5, 6, 11-1-2016)
21.30.040 Exemptions.
The following signs shall be exempt from the regulations in this chapter:
A. Architectural features. Integral decorative or architectural features of buildings, except letters,
trademarks, running neon or moving parts.
B. Construction signs. One on-site sign not exceeding thirty-two square feet in area for each display
surface for any multi-family residential, commercial, or industrial complex, either to be constructed or
under construction, shall be allowed provided that the sign shall be removed within three months after
final inspection of the building by the city. A maximum of two display surfaces are allowed per sign.
C. Garage sale signs. A maximum of two on-site signs for garage sales, not exceeding a combined total
area of twelve square feet, provided that the signs are located on the site of the event advertised and
are removed at the end of the last day of sale.
D. Governmental signs. Legal notice, identification, informational, safety, or directional signs erected or
required by governmental bodies or public utilities.
E. Identification signs. On-site identification signs not exceeding one and one-half square feet in area.
F. Informational or directional signs. On-site signs directing and guiding pedestrians and vehicles on
private property, and having a maximum display area of six square feet.
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Figure 3-13
Directional Sign
G. Maintenance of damaged legal signs. Normal maintenance of existing legal signs, provided the
maintenance of a damaged sign:
1. Does not exceed fifty percent of the sign;
2. The maintenance is other than facial copy replacement; and
3. The sign is repaired within thirty days of the date of its damage.
H. Real estate signs in residential zoning districts. Temporary on-site signs not exceeding twelve square
feet in aggregate total display area pertaining to the prospective sale, rental, or lease of real property.
One sign per street frontage shall be allowed. In addition, one on-site open house sign is allowed per
lot, provided the total allowable sign area is not exceeded, and the sign is removed at the end of each
day of the open house event. Off-site open house signs to direct people to a property offered for sale,
rent, or lease during an open house event are allowed provided they are located on private property, have the consent of the property owner where they are located, are limited to one per parcel, do not
exceed twelve square feet in total sign area, and are removed at the end of each day of the open house
event.
I. Repainting or refacing. Repainting or refacing an existing, conforming, legally created sign so long as
there is no change in advertising display area, colors, materials, illumination or structural size, height,
or design of the sign. A change in lettering to accommodate a new business name is not considered a
change in the design of the sign.
J. Temporary noncommercial signs. Noncommercial signs, including, but not limited to, political signs,
posted for no more than seventy-five days, subject to the following conditions:
1. Signs shall be removed within fifteen days after any event to which it relates, such as an election;
2. Signs shall be a maximum of twelve square feet and no more than eight feet in height;
3. Signs shall not be placed in the public right-of-way, nor on any city-owned property.
K. Symbols and insignias. Flags and insignia of any government except where displayed in connection with
commercial promotion.
L. Window signs. Window signs temporarily attached to or lettered on the exterior or interior of a store
window for nonresidential uses, provided that the signs do not exceed twenty-five percent of the
window area per facade.
M. Bus shelter signage. Signs installed and displayed by a public entity in compliance with an executed
agreement with the city on bus shelters as follows:
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1. Signs as necessary to convey transit information to transit users;
2. Other signage of up to fifty square feet in sign area per bus shelter.
N. Display and use of the United States and California flags. Display and use of the United States and
California flags shall conform to federal and state regulations.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.050 Prohibited signs.
The following signs are prohibited in the city as provided below unless authorized by the planning
commission as specified in Section 21.30.030 of this chapter:
A. Abandoned signs. Signs located on property that became vacant and unoccupied for a period of ninety
days or more, and any sign that was erected for an occupant or business unrelated to the present
occupant of the premises, and any sign that pertains to a time, event, or purpose that no longer
pertains, shall be presumed to have been abandoned. Abandoned signs are prohibited and shall be
promptly removed by the owner of the premises.
B. Animated, moving, flashing signs. Signs shall not move, rotate, or be animated by flashing or traveling
lights.
C. Portable signs. Portable signs are prohibited.
D. Promotional devices. Promotional devises are prohibited.
E. Roof-mounted signs. Roof-mounted signs are prohibited, except as permitted by a master sign plan for
a regional commercial center.
F. Signs attached to trees or utility poles. Signs attached to any tree or other landscape material, utility
poles, traffic control devices, light poles, and similar structures not originally intended to support signs
are prohibited.
G. Signs on vehicles. The parking of any vehicle or trailer on either public or private property at or within
three hundred feet of a business location, which vehicle has attached to it any sign that is intended to
attract the attention of the public to that business or direct the public to that business is prohibited.
This section is not intended to apply to signs or displays that are painted on or permanently attached
to a business or commercial vehicle, provided:
1. The vehicle or trailer is registered as operable with the California Department of Motor Vehicles;
2. The vehicle is operable and can be lawfully operated on the public streets;
3. The signs or displays do not extend more that fifteen inches beyond the exterior of the vehicle;
4. The sign or display does not move or rotate or contain flashing or traveling lights or is otherwise
animated; and
5. The vehicle is driven on a daily basis as a regular part of the business.
H. Other signs. All other signs not specifically allowed by or exempt from the regulations of this chapter
are prohibited.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
(Ord. No. 2213, § 7, 11-1-2016)
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21.30.060 Number and surface area.
A. Number of signs. A single display device containing elements organized, related, and composed to form a
single unit shall constitute a single sign. Where material is displayed in a random manner without organized
relationship of elements, each element shall be considered to be a single sign.
B. Surface area.
1. The surface area of a sign shall be computed as including the entire area of the sign within a regular
geometric form of parallel lines or combinations of regular geometric forms of parallel lines comprising
all of the display area of the sign and including all of the elements of the material displayed. Circle sign
areas shall be computed as the area of a circle (i.e., ?r2 ). Frames and structural members not bearing
advertising material shall not be included in computation of surface area. When the size of a sign is
regulated, the regulation refers to one display surface only. On a sign having more than one display
surface, each display surface may equal the maximum dimensions prescribed in the regulation, unless
otherwise approved pursuant to Section 21.30.030(C)(4) of this chapter. See Figure 3-14 (Sign Area).
2. Running neon shall be counted in the computation of sign area.
Figure 3-14 Sign Area
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.070 Temporary signs.
A. Temporary sign permit. Temporary signs shall be allowed subject to the approval of a temporary sign permit
and in compliance with the standards for individual sign types provided in this section and the following
standards:
1. Signs shall not extend over or past any curb into or street;
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2. Signs shall not be attached to poles supporting streetlights, traffic signals, traffic signs, nor shall signs
be attached to any trees;
3. Signs shall not overhang a sidewalk unless a minimum of ten feet of vertical clearance is provided
between the sign and the sidewalk;
4. Signs shall not be placed in a street median;
5. Other conditions of approval may be issued with the temporary sign permit to ensure compliance with
the above requirements and criteria.
B. Temporary signs. Each business shall be allowed temporary signs in all nonresidential zoning districts in
conformance with the following provisions:
1. Each business may display temporary signs for a maximum of thirty days within any one hundred
eighty-day period;
2. No more than two temporary signs are allowed per business at any time;
3. The total sign area for all temporary signs shall be forty square feet;
4. Temporary signs shall be attached and parallel to the building wall and may not project above the
height of the building tenant space occupied by the business that is the subject of the advertising
message;
5. Signs shall be placed entirely on the site occupied by the business. Signs shall not be placed in or
encroach into the public right-of-way.
C. Real estate signs in nonresidential zoning districts. On-site real estate signs located in any zoning district,
except single-family or two-family residential zones, shall be allowed as provided below:
1. Freestanding real estate signs. Freestanding real estate signs shall be allowed in compliance with the
following standards:
a. The site is vacant;
b. The buildings on the site are undergoing or have recently been remodeled or newly constructed
in excess of twenty-five percent of the building area;
c. The applicant can reasonably demonstrate the building on a single building site or the
commercial center is currently, or will be at least twenty-five percent un-leased at the time the
sign is to be erected;
d. One real estate sign shall be allowed per street frontage;
e. The sign shall be a maximum of eight feet in height;
f. The sign shall be a maximum of thirty-two square feet per sign face, with a maximum of two
faces per sign; or
g. The sign may be displayed for one year or until the building or space is sold, rented, or leased,
whichever occurs first, unless the following conditions exist:
(1) The building or commercial center is twenty-five percent un-leased; or
(2) The site is vacant. Real estate signs on vacant sites shall be removed prior to transfer of
title.
2. Building-mounted real estate signs. Building-mounted real estate signs may be allowed in compliance
with the following standards.
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a. Building-mounted real estate signs may be used in lieu of a freestanding sign described in
subsection (C)(1) of this section.
b. One building-mounted real estate sign shall be allowed per street frontage.
c. Signs shall be a maximum of twelve square feet in area.
d. Signs may be displayed until the property, building or space is sold, rented, or leased.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.080 Permanent signs.
A. Commercial, office, and/or industrial development. On-site signs for commercial (except the CB-MUC-3
District), office, and industrial districtsuses shall comply with the following standards. Standards for the CB-
MUC-3 zoning district are provided in Section 21.11.050 (Central Business Mixed-Use zoning
district)21.10.060, C-3 (Central business district) zoning district.
1. Wall signs. Wall signs shall be allowed as follows:
a. The size of each individual sign shall not be greater than one square foot of sign area for each
linear foot of business frontage, on which the sign is located. No sign shall be greater than fifty
square feet. Each sign shall be allowed a minimum of twenty square feet,
b. Each business shall be allowed one wall sign. Businesses that are located adjacent to two streets
(on a corner) shall be allowed one additional wall sign to face the second adjacent street if the
business is not identified on a freestanding sign,
c. Wall signs shall be mounted parallel to the building;
2. Freestanding signs. Freestanding signs shall be allowed as follows:
a. One freestanding sign shall be allowed for each parcel of land or commercial center, whichever is
less,
b. The size of each individual sign shall not be greater than one square foot of sign area for each
linear foot of business frontage, on which the sign is located. No sign shall be greater than fifty
square feet. Each sign shall be allowed a minimum of twenty square feet,
c. The maximum height of a freestanding sign shall be fourteen feet,
d. The support structures for all freestanding signs shall be surfaced in a manner to appear to be of
the same materials, color and texture as the buildings located on the site;
3. Individual signs for occupants in the same building or commercial center shall be of the same design. Section 21.30.030(H) (Master sign plan required) may require a master sign plan in compliance with
that section;
4. Signs shall not project over a public right-of-way for a distance greater than two feet. Any sign
projecting over public property shall have a minimum of ten feet clearance extending from the level of
the sidewalk or grade, immediately below the sign, to the lowest point of the projection;
5. Any illumination shall be provided by interior lights or reflectors concealed in shrubbery or decorative
structures. Illumination shall not cause glare on surrounding streets or adjacent property;
6. Gasoline stations, in addition to other signage as allowed under this section, may be allowed a
maximum of two changeable gasoline or other motor vehicle fuels price signs, not to exceed sixteen
square feet each. The sign(s) shall be attached to an approved freestanding sign, building, canopy, or
secured to the property.
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B. Office development. On-site signs for office buildings shall comply with the following standards:
1. The total display area for all signs for any one parcel or commercial center, whichever is less, shall be
no greater than eighty square feet and no single sign shall have a display surface greater than forty
square feet;
2. Any illumination shall be provided either by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause glare on surrounding streets or adjacent property;
3. Signs may be attached to or painted on the building or they may be freestanding. If attached, the signs
shall be parallel to the building wall and shall not project above the roof-line nor extend beyond one
foot of the wall. If freestanding, the signs shall not project over a public property for a distance greater
than two feet nor be higher than fourteen feet. The support structures for all freestanding signs shall
be surfaced in a manner to appear to be of the same materials, color and texture as the buildings
located on the site. Any sign projecting over a public right-of-way shall have a minimum of ten feet
clearance extending from the level of the sidewalk or grade, immediately below the sign, to the lowest
point of the projection;
4. Individual signs for occupants in the same building or commercial center shall be of the same design.
Section 21.30.030(H) (Master sign plan required) of this chapter may require a master sign plan in
compliance with that section.
C. Public/semi-public and institutional development. On-site signs that identify public or semi-public buildings
or grounds, institutional uses, or places of worship shall be allowed, provided that:
1. The total display area of all signs shall not exceed forty square feet;
2. Any illumination shall be provided by interior lights or reflectors concealed in shrubbery or decorative
structures. Illumination shall not cause glare on surrounding streets or adjacent property;
3. The signs may be attached to or painted on the building or freestanding. If attached, the signs shall be
parallel to the building wall to which it is attached and shall not project above the roof-line nor extend
beyond one foot of the wall. If freestanding, the signs shall not project over public property and shall
not be more than six feet high. The support structures for all freestanding signs shall be surfaced in a
manner to appear to be of the same materials, color and texture as the buildings located on the site.
D. Multi-family residential developments. On-site signs pertaining to the prospective sale, rental, or lease of
real property of multi-family dwellings shall comply with the following standards:
1. The total display area for all signs for any one complex shall not be greater than eighty square feet and
no single sign shall have a display surface greater than forty square feet;
2. Any illumination shall be provided either by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause any glare on surrounding streets or adjacent
property;
3. The signs may be attached to or painted on the building or freestanding. If attached, the signs shall be
parallel to the building wall to which it is attached and shall not project above the roof-line nor extend
beyond one foot of the wall. If freestanding, the signs shall not project over public property and shall
not be more than six feet high. The support structures for all freestanding signs shall be surfaced in a
manner to appear to be of the same materials, color and texture as the buildings located on the site.
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:
1. Allowable Uses: 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:
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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:
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
more 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.
3. Allowable size. The permitted size of allowable freeway-oriented signs shall be as follows:
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.
b. 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. Regional 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.
F. Off-site signs. Off-site signs shall comply with the following standards:
1. The sign shall be a noncommercial sign;
2. The total display area of an off-site sign shall not exceed forty square feet;
3. The location and size of the signs shall not limit driver or pedestrian visibility or create other safety
hazards;
4. The sign shall be the minimum height and size necessary to convey the message to a person of normal
visual acuity.
G. ReaderbBoard signs. ReaderbBoard signs shall comply with the following standards:
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1. An electronic readerbBoard sign or manual readerbBoard sign shall be allowed for "theaters, movie or
performing arts and concert halls" uses with two hundred or more fixed seats. The display surface shall
not be animated and shall utilize a maximum of two colors at any time. Notwithstanding the definition
of "site" contained in Section 21.30.020 of this chapter, as applied to electronic readerbBoard signs,
the term "site" shall mean only the space occupied by the theater or concert hall and any associated
parking area or other common areas utilized by the theater or concert hall on the same parcel. "Site,"
as applied to electronic readerbBoard signs shall not include other tenant spaces or business locations
whether or not located on the same parcel or commercial center as the theater or concert hall;
2. A manual readerbBoard sign shall be allowed for "public assembly uses" with fifty or more fixed seats;
3. A readerbBoard sign, either electronic or manual, which is located inside a building within five feet of
an exterior window shall be subject to the readerbBoard sign regulations pursuant to this chapter and
shall not be exempt under Section 21.30.040(L) (Window signs) of this chapter;
4. A readerbBoard sign, either electronic or manual, shall also comply with the standards contained in
subsections A through C of this section, depending on the type of development the readerbBoard sign
is intended for.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
(Ord. No. 2181, § 2(Exh. A), 9-2-2014; Ord. No. 2213, § 8, 11-1-2016)
21.30.090 Substitution of noncommercial message.
In each instance and under the same conditions to which this chapter permits any sign, a sign containing an
ideological, political or other noncommercial message shall be permitted wherever commercial signage is
permitted.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.100 Nonconforming signs.
A. Permanent signs which are lawfully in existence and in use prior to and at the time of the legal adoption of
the ordinance codified in this chapter may remain in use even though they do not conform with the
provisions of this chapter, until the time a change is proposed which requires a permit under Section
21.30.030.
B. A change to a nonconforming permanent freestanding sign, for a commercial center which identifies two or
more tenants shall be allowed without bringing the entire sign into conformance so long as the change is
limited to a change in copy for one of the tenants and there is no change in the advertising display area,
colors, materials, illumination or structural size, height or design of the sign.
C. Except as otherwise allowed by this chapter, a change in the advertising display area, colors, materials,
illumination or structural size, height or design of the sign shall constitute the erection of a new sign, which
shall comply with the provisions of this chapter.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.110 Maintenance and repair.
All signs, together with all supports, braces, guys and anchors shall be maintained in good safe condition. The
display surface of all signs shall be kept neatly painted or posted at all times.
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(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.120 Abatement of temporary signs.
Temporary signs posted or maintained in violation of this chapter are declared to be a public nuisance. The
city may remove any temporary sign posted or maintained in violation of this chapter, in compliance with the
following provisions:
A. A temporary sign that is unlawfully in place in violation of the time restrictions specified in this chapter
or is unlawfully erected and deemed a public safety hazard by the community development director or
public works director may be summarily abated pursuant to the procedures as follows:
1. Signs abated pursuant to this subsection shall be held by the city pending completion of the
notice and hearing procedures set forth below;
2. The city shall schedule a hearing before the City Council to affirm the illegality of the signs. The
hearing shall be held within thirty calendar days of the removal of the signs;
3. The city shall make a reasonable attempt to identify and notify the owner of the sign. The city
clerk shall send not less than a ten days' written notice prior to the hearing, by first class United
States mail, postage prepaid, to all persons owning the property upon which or in front of which
the signs are located, as listed on the last equalized assessment roll available on the date the
notice is prepared. If the city is able to ascertain the mailing address of the owner of the sign, the
city clerk shall also send notice to the sign owner in the same manner. If the city is unable to
ascertain the mailing address of the sign owner, but is able to ascertain some other means of
contacting the sign owner, the city clerk shall notify the sign owner by the means most likely to
notify the sign owner. The notice shall state the date, time, and place of the hearing and
generally describe the purpose of the hearing and the nature of the illegality of the display, and
that the city may assess a lien to secure recovery of its costs. The notice shall be in substantially
the following form and contain the following information:
NOTICE OF REMOVAL OF ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that the City of Campbell removed an allegedly illegal sign located upon or in front of
the property located at (location of the sign). If the City Council affirms the removal of the sign, the cost of
removal will be assessed upon the property from or in front of which the display is removed and will
constitute a lien upon the property until paid.
All persons having any objection to the removal of the sign are hereby notified to attend a meeting of the
City Council of Campbell to be held (give date, time and location), when their objections will be heard and
given due consideration.
Dated this _______ day of _______, 20___
___________
(Title)
City Campbell
4. The city shall also cause the foregoing notice to be conspicuously posted on or in front of the
property on or in front of which the signs exist. The notice shall be posted at least ten days prior
to the time for hearing objections by the City Council;
5. At the time stated in the notices, the City Council shall hear and consider all objections to the
removal of the sign. It may continue the hearing from time to time. At the conclusion of the
hearing, the City Council shall allow or overrule any objections. The decision of the City Council is
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final. If objections have not been made or if the City Council otherwise determines that the sign is
in violation of this chapter, it may order the destruction of the sign;
6. If the City Council upholds the removal of the sign, the city shall be entitled to recover the costs
that it incurred in abating the sign pursuant to this subsection.
B. In situations other than those set forth in subsection A, the city may abate temporary signs that are in
violation of the provisions of this chapter, pursuant to the procedures as follows:
1. The City Council may, by resolution, declare the signs to be public nuisances. The resolution shall
describe the property upon which or in front of which the nuisance exists by giving its lot and
block number according to the county or city assessment map and its street address if known.
Any number of parcels of private property may be included in one resolution. The resolution shall
also establish a date and time to hold a public hearing to hear any objections to abatement of the
signs;
2. Prior to the adoption of the resolution, the city shall make a reasonable attempt to identify and
notify the owner of the sign. The city clerk shall send not less than a ten days' written notice by
first class United States mail, postage prepaid, to all persons owning the property upon which or
in front of which the signs are located, as listed on the last equalized assessment roll available on
the date the notice is prepared. If the city is able to ascertain the mailing address of the owner of
the sign, the city clerk shall also send notice to the sign owner in the same manner. If the city is
unable to ascertain the mailing address of the sign owner, but is able to ascertain some other
means of contacting the sign owner, the city clerk shall notify the sign owner by the means most
likely to notify the sign owner. The notice shall state the date, time, and place of the hearing,
generally describe the purpose of the hearing and the nature of the illegality of the sign;
3. After adoption of the resolution, the city shall cause notices, to be conspicuously posted on or in
front of the property on or in front of which the signs exist. The notice shall be posted at least ten
days prior to the time for hearing objections by the City Council, and shall be substantially in the
following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the ___ day of _______, 20___, the City Council of City of Campbell adopted a
resolution declaring that an illegal sign is located upon or in front of this property which constitutes a public
nuisance and must be abated by the removal of the illegal sign. Otherwise, it will be removed, and the
nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which
the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to
the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk.
All persons having any objection to the proposed removal of the sign are hereby notified to attend a meeting
of the City Council of Campbell to be held (give date, time and location), when their objections will be heard
and given due consideration.
Dated this _______ day of _______, 20___
___________
(Title)
City Campbell
4. In addition to posting the notice, the city clerk shall mail a copy of the notice of the proposed
abatement to all persons owning the property upon which or in front of which the signs are
located, as listed on the last equalized assessment roll available on the date the notice is
prepared, and to the owner of the sign, if ascertainable, at least ten days prior to the time for
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hearing objections, in the same manner as notice was sent pursuant to subsection (B)(2) of this
section;
5. At the time stated in the notices, the City Council shall hear and consider all objections to the
proposed removal of the sign. It may continue the hearing from time to time. At the conclusion
of the hearing, the City Council shall allow or overrule any objections. The decision of the City
Council is final. If objections have not been made or if the City Council otherwise determines that
the sign is in violation of this chapter, it may order the abatement of the sign;
6. The property owner shall be given a reasonable amount of time after the hearing to remove the
sign. If the sign is not removed after this period of time, the city may remove and destroy the
sign.
C. The city shall maintain accounting records of all costs incurred in removal of each sign, and shall render
an itemized report in writing to the City Council showing the cost of removal of the signs, a copy of
which shall be mailed by first class United States mail to the last known address of the owner of the
sign and the owner of the property upon which or in front of which the signs were located together
with a notice of the time, date and location when the report will be considered by the City Council for
confirmation. A copy of the report shall also be posted for at least three days, prior to its submission to
the City Council, on or near the chamber door of the City Council, with notice of the time of
submission.
D. At the time and place fixed for receiving and considering the report, the City Council shall hear and
pass upon the report of the costs of abatement, together with any objections or protests. Thereupon,
the City Council may make the revision, correction or modification to the report as it may deem just,
after which, by motion, the report, as submitted or as revised, corrected or modified, shall be
confirmed. The decision of the City Council on all protests and objections that may be made shall be
final and conclusive, and costs assessed shall be a joint obligation of the owner of the sign and the
owner of the property upon which or in front of which the signs were located.
E. If the costs of removing the sign are not paid to the city within ten days after the City Council confirms,
the costs shall become a special assessment against the respective property to which it relates, and upon recordation in the office of the county recorder of a notice of lien on the property for the amount
of the assessment. After the confirmation and recordation, a copy of the lien may be turned over to
the tax collector for the city. It shall be the duty of the tax collector to add the amounts of the
respective assessments to the next regular tax bills levied against the respective property for municipal
purposes. The amounts shall be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties and the same procedure
under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. After the
recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by
law. Notices of lien for recordation shall be in a form provided by the city.
F. The city of Campbell shall not be liable for any costs incurred in removal of signs from property owned
by the city.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.30.130 Preemption.
In the event that any of the provisions of this chapter are preempted by lawful enactments of the state or
federal governments, the enactments of those bodies shall supersede the preempted provisions of this chapter.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
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21.30.140 Judicial review.
Judicial actions brought challenging any decision made pursuant to this chapter are subject to the provisions
of California Code of Civil Procedure Section 1094.8.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
Title 21 - ZONING
Chapter 21.32 TREE PROTECTION REGULATIONS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:03 [EST]
(Supp. No. 37)
Page 1 of 13
Chapter 21.32 TREE PROTECTION REGULATIONS
21.32.010 Purpose.
In enacting this chapter, the city recognizes the substantial aesthetic, environmental and economic
importance of its tree population. The purpose of this chapter is to establish policies, regulations, and standards to
protect and manage trees on private property to ensure that development is compatible with and enhances
Campbell's small town quality and character.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004; Ord. 1969 § 2 (part), 1998).
21.32.020 Definitions.
The following words and phrases when used in this chapter shall have the meaning set forth herein, except
where the context clearly indicates a different meaning:
"Approval authority" means the person or body officially responsible for rendering decisions on requests to
remove trees protected by this chapter.
"Arborist report" means a professional report prepared by a certified arborist that includes photographic
documentation of each tree proposed to be removed and indicates the location(s), variety or species, size(s), and
condition of all such tree(s). An arborist report also includes a visual examination of damage associated with the
tree(s) and provides potential measures that may be taken to preserve the tree(s) or prevent further damage. The
report shall conclude with a recommendation as to whether, in the professional judgment of the arborist, the
tree(s) should be removed or preserved.
"Certified arborist" means a person having expertise in the care and maintenance of trees, who is certified by
the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA).
“Critical root zone” means the distance from the trunk that equals one foot for every inch of the tree's
diameter.
"Dead tree" means a tree that is no longer alive.
"Dying tree" means a tree that is in such an advanced state of decline due to damage or disease—where an
insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life—that death is unavoidable.
"Developed single-family residential property" means any legal lot of record with a low-density residential
land use designation minimum net lot area of six thousand square feet that is developed with a main dwelling unit
and zoned either "single-family" (R-1), or "planned development" (P-D), and cannot be further subdivided into
additional lots under its current zoning designation.
"Development application" means an application for land alteration or development, including, but not
limited to, site and architectural review, variance, use permit, rezoning, planned development permit and
subdivisions of property.
"Dripline" means the outermost line of the tree's canopy projected straight down to the ground surface. In
plan view, the dripline generally appears as an irregularly shaped circle.
"Emergency" means a sudden, or generally unexpected occurrence that decisively determines that
immediate action is warranted.
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"Fruit tree" means any tree that has the characteristic of bearing edible fruit, common to commercial
production varieties including, but not limited to, stone fruits (e.g., prunes, peaches, etc.), citrus (e.g., lemons,
oranges), nut varieties (e.g., almonds, English walnut (except for California Black Walnut), peppers (g. Schinus), and
olives (g. Oleaceae). A "fruit tree" shall not mean any tree that bears a fruit or nut produced primarily as seed,
(e.g., oaks, pines, etc.).
"Heritage tree" means any tree so designated by the historic preservation Board based on the finding that
the tree has character, significant age and girth, interest or value as part of the development of, and/or
exemplification of the cultural, educational, economic, agricultural, social, indigenous or historical heritage of the
city and identified on the historic resources inventory.
"Landscaping plan" means a plot plan illustrating the location of ground cover, shrubs, trees, hardscaping,
and irrigation in relation to a site's property lines and on-site structures.
"Main structure" means a primary structure allowed under the zoning district in which a property is located
to provide reasonable economic use of a property. For developed single-family properties, this specifically includes
dwelling units, in-ground swimming pools, detached garages, and other accessory structures over two hundred
square feet.
"Net lot area" means the total area within the lot lines of a lot, excluding any street right-of-way or common
areas owned collectively by a group of property owners in a planned development.
"Protected tree" means any class of tree specified in Section 21.32.050, (Protected trees).
"Pruning" means the standard practice of maintenance consisting of trimming or cutting away any limbs or
branches of a tree to control growth and enhance performance or function by developing and preserving tree
structure and health.
"R-1" means any developed single-family residential property.
"Remove," "removal," and "tree removal" means taking action that directly leads to or foreseeably leads to
the death of a tree or permanent damage to its health (e.g., cutting, girdling, poisoning, over-watering,
unauthorized relocation or transportation of a tree or trenching, excavating, or altering the grade or paving within
the dripline of a tree).
"Severe trimming" means cutting back large diameter branches or the main trunk of a mature tree to
stubs,(including topping and severe root pruning) which either destroys the existing symmetrical appearance or
natural shape of the tree and/or compromises the long-term health or survival of a tree.
"Significant damage" means structural damage to a building foundation, floor framing, roof framing, or
exterior walls, or to the wall of a swimming pool.
"Tree" means a woody perennial plant characterized by having a main stem or trunk or a multi-stemmed
trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity.
"Tree removal permit" means a permit to remove a protected tree as required by this chapter.
"Unprotected tree" means any class of tree not specified as a "protected tree."
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.030 Applicability.
This article shall apply to every owner of private property within the city, and to every person responsible for
undertaking the removal of a tree on private property, unless exempted herein.
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Page 3 of 13
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.32.040 Actions prohibited.
The following is deemed unlawful under this article:
A. To remove any protected tree specified in Section 21.32.050, (Protected trees) from private property
without approval of a tree removal permit.
B. To severely trim any protected tree specified in Section 21.32.050, (Protected trees) on private
property.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.050 Protected trees.
Except as otherwise provided in Section 21.32.060, (Exemptions) the following trees are classified as
protected trees and shall not be removed from private property without approval of a tree removal permit:
A. The following trees are protected on all properties in all zoning districts:
1. Heritage trees designated in compliance with Section 21.32.130, (Heritage tree designations);
and
2. Any tree shown on an approved landscaping plan or required to be planted or retained as a
condition of approval of a development application, a building permit, or a tree removal permit;
B. For trees on all commercial, industrial, multi-family residential, mixed-use, and undeveloped single-
family residential properties in all zoning districts, any tree or multi-trunk tree with at least one trunk
measuring twelve inches or greater in diameter (thirty-eight inches or greater in circumference),
measured four feet above the adjacent grade.
C. For developed single-family residential properties, trees or multi-trunk trees with at least one trunk
measuring twelve inches or greater in diameter (thirty-eight inches or greater in circumference) of the
following species:
1. Oak (Quercus);
2. Redwood (Sequoia);
3. Cedar (Cedrus);
4. Ash (Fraxinus).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.060 Exemptions.
The following tree types and conditions are exempt from this chapter and may be removed without approval
of a tree removal permit:
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A. Emergencies. Trees that pose an immediate threat to persons or property during an emergency or are
determined to constitute an emergency, upon order of the community development director, or any
member of the police or fire services agency. The community development director shall be notified of
such emergency before removal, and a tree removal permit shall be filed within ten calendar days of
the emergency removal.
B. Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in Section 6.10.020
of the Campbell Municipal Code when the declaration of a public nuisance has been made by the
building official, the community development director or the fire chief.
C. Public utilities. Trees that undermine or impact the safe operation of public utilities that are subject to
the jurisdiction of the public utilities commission of the State of California.
D. Fruit trees. Fruit tree(s) in any zoning district.
E. Eucalyptus trees. All trees of the genus Myrtaceae.
F. Dead or dying trees. Any protected tree determined by the community development director to be
dead or dying in compliance with Section 21.32.065, (Removal of dead or dying trees).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.065 Removal of dead or dying trees.
A protected tree determined to be dead or dying may be removed without a tree removal permit subject to
the following procedure:
A. Form of determination. The community development director shall determine whether or not the tree
is dead or dying as a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances).
B. General Criteria. A request for a determination of a dead or dying tree shall be made to the community
development department and be accompanied by the following information, unless waived by the
community development director in writing:
1. Photograph(s) of the tree;
2. Signature of the property owner and homeowners association (when applicable);
3. Other information deemed necessary by the community development director to evaluate the
condition of the tree;
4. Payment of any required permit fee.
C. Arborist Report. When the condition or viability of the tree is not readily evident, the community
development director may require preparation of an arborist report in compliance with Section
21.32.155, (Arborist reports).
D. Replacement required. In the event a protected tree shown on an approved landscaping plan or
required to be planted or retained as a condition of approval of a development application, building
permit, or tree removal permit is determined to be dying, the tree shall be subject to replacement in
kind.
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E. Heritage tree. In the event a heritage tree is determined to be dead or dying by the community
development director, the community development director shall provide written notice of the
determination to the historic preservation board.
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.070 Tree removal permit/application requirements.
A. Application information. Applications for a tree removal permit shall be available from and filed with the
community development department and shall contain the following information, unless waived by the
community development director:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) of the tree(s);
3. Signature of the property owner and homeowners association (when applicable);
4. Replanting plan, as required by Section 21.32.100, (Replacement trees);
5. Other information deemed necessary by the community development director to evaluate the tree
removal request;
6. Permit fee, where applicable.
B. Arborist Report. When the condition or viability of the tree or its impact to property is not readily evident,
the community development director may require preparation of an arborist report in compliance with
Section 21.32.155, (Arborist reports).
C. Additional application requirement for all properties except developed single-family residential properties.
Applications for a tree removal permit on all properties except developed single-family residential properties
shall include a tree survey plan indicating the number, location(s), variety or species, and size(s) (measured
four feet above grade) of tree(s) to be removed.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.080 Determination on permit.
A. General criteriaFindings. The approval authority shall approve a tree removal permit only after making
at least one of the following findings:
1. Diseased or danger of falling. The tree or trees are diseased or presents a danger of falling that
cannot be controlled or remedied through reasonable preservation and/or preventative
procedures and practices such that the public health or safety requires its removal.
2. Structure Damage. The tree or trees have caused or may imminently cause significant damage
to the existing main structure(s) that cannot be controlled or remedied through reasonable
modification of the tree's root or branch structure.
3. Utility Interference. The tree or trees have interfered with utility services where such
interference cannot be controlled or remedied through reasonable modification/relocation of
the utility services and/or reasonable modification of the tree's root or branch structure.
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4. Overplanting. The tree(s) is crowding other protected tree(s) to the extent that removal is
necessary to ensure the long-term viability of adjacent tree(s).
5. Economic enjoyment and hardship. A finding of economic enjoyment and hardship may be
made established as follows:
i. Nonresidential development projects. The retention of the tree(s) restricts the
economic enjoyment of the property or creates an unusual hardship for the property
owner by severely limiting the use of the property in a manner not typically experienced
by owners of similarly zoned and situated properties, and the applicant has
demonstrated to the satisfaction of the approval authority that there are no reasonable
alternatives to preserve the tree(s).
ii. Housing development projects. Even after exhausting all alternative site configurations
and adjustments permitted under Chapter 21.07, the development (e.g., buildings,
driveways, stormwater area, or sewer/underground services) would still conflict with
the critical root zone of the tree(s).
B. Additional recommendations. The community development director may refer the application to
another department or commission for a report and recommendation.
C. Inspections and permit availability. City staff shall have the authority to conduct on-site inspections of all
trees proposed for removal. If a tree removal permit is approved, the permit shall be on-site at all times
prior to and during the removal of a tree and/or shall be made available to any city official at the site,
upon request.
D. Action. Based on the criteria outlined in this section, the approval authority shall either; approve,
conditionally approve or deny the application. Conditions of approval may include any of the following:
1. Revisions to development plans to accommodate existing trees; or
2. Replacement trees of a species and size planted at locations designated by the approval
authority in compliance with Section 21.32.100, (Replacement trees); or
3. Payment of an in-lieu fee in compliance with Section 21.32.110, (Site limitations/in-lieu fee for
replacement); or
4. A combination of replacement trees and in-lieu fees that in total provide for the number of
replacement trees required by this chapter.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.090 Approval authority and permit process.
A. The following provisions shall apply to requests for removal of protected tree(s) located on a developed
single-family residential property filed independent of a development application:
1. Approval authority. The community development director is the approval authority for tree removal
requests, except for heritage trees.
2. Decision. Upon acceptance of a complete application in compliance with Chapter 21.38, (Application
Filing, Processing, and Fees), the community development director shall render a decision on the tree
removal request.
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3. Notice of decision. Upon rendering of a decision on the tree removal request, the community
development director shall provide written notification of the decision to the applicant. The
notification shall include findings for the decision, the ending date of the appeal period, and in the case
of approval, shall include all conditions and time limits imposed by the community development
director.
On the day of the decision, the community development director shall also mail a notice of
decision to owners of record of properties abutting or directly across a public right(s)-of-way from the
subject property at the address set forth on the most currently available assessment roll. The notice
shall provide a brief description of the tree removal request, the location of the subject property, the
decision rendered, the appeal process, and the ending date of the appeal period.
4. Appeals. A decision of the community development director may be appealed in compliance with
Chapter 21.62, (Appeals).
B. The following provisions shall apply to requests for removal of protected tree(s) located on all properties
except for developed single-family residential properties filed independent of a development application:
1. Approval authority. The community development director is the approval authority for tree removal
requests, except for heritage trees.
2. Notice and decision. The notice and decision for a tree removal request shall be subject to the
administrative decision process as prescribed in Chapter 21.712, (Administrative Decision Process).
3. Appeals. A decision of the community development director may be appealed in compliance with
Chapter 21.62, (Appeals).
C. Tree removal requests filed with a development application.
1. Approval authority. The approval authority for tree removal requests filed in conjunction with a
development application shall be the same approval authority as established for the accompanying
development application.
2. Concurrent filing. All tree removal requests associated with a development application shall be filed
concurrently with the development application and shall be subject to any required public hearing for
the development application subject to the provisions of Chapter 21.64, (Public Hearing).
D. Heritage tree removal requests. Notwithstanding any other provision of this Chapter, the following
provisions shall apply to requests for removal of heritage trees:
1. Requests filed independent of development applications. The historic preservation Board is the
approval authority for tree removal requests for heritage trees filed independent of a development
application.
2. Requests filed in conjunction with a development application. The approval authority for heritage tree
removal requests filed in conjunction with a development application shall be the same approval
authority as established for the accompanying development application. Prior to the hearing before
the approval authority, requests to remove heritage trees filed in conjunction with a development
application shall be referred to the historic preservation Board that shall make a recommendation to
the approval authority.
3. Public hearing. A public hearing by the approval authority is required for all heritage tree removal
requests in compliance with the provisions of Chapter 21.64, (Public Hearing).
E. Final decision/timing of tree removal. No tree for which a tree removal permit is required shall be removed
until all conditions of the permit have been satisfied and the decision has become final. In addition, tree or
trees approved for removal in conjunction with a development application shall not be removed prior to the
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issuance of building permit or unless all of the conditions of approval of the development application are
satisfied.
Table 3-4 TREE TYPE AND PERMIT PROCESS SUMMARY
TYPE OF TREE
REMOVAL
REQUEST
PROTECTED
TREE TYPES
SIZE TREE
PROTECTED1
PERMIT
AUTHORITY
FOR
REMOVAL
APPEAL
PROCESS2
Tree removal requests
on all properties
(except R-13) not in
conjunction with a
development
application.
Any tree except fruit
trees5 and trees of the
genus Myrtaceae6
12-inch diameter
(38-inch
circumference)
Community
Development
Director
Planning
Commission
and City
Council
Tree removal requests
on R-13 not in
conjunction with a
development
application
Trees of the species:
Oaks (Quercus) Cedars
(Cedrus) Ash (Fraxinus)
Redwoods (Sequoia)
Tree removal requests
on all properties in
conjunction with a
development
application
Any tree except fruit
trees5 and trees of the
genus Myrtaceae6
12-inch diameter
(38-inch
circumference)
Community
Development
Director
Planning
Commission or
City Council
Planning
Commission
and/or City
Council
Heritage tree removal
requests in all zoning
districts (not in
conjunction with a
development
application)4
Any Heritage tree None specified Historic
Preservation
Board
Planning
Commission
and City
Council
Heritage tree removal
requests in all zoning
districts (in
conjunction with a
development
application)4
Any Heritage tree None specified Planning
Commission or
City Council
City Council
Trees required as a
Condition of a
Development Approval
Any tree required to
be retained or planted
None required Community
Development
Director
Planning
Commission
and City
Council
Notes:
1 Minimum size and greater - measured four feet above grade adjacent to the trunk.
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2 Appeals shall be filed in writing to the city clerk within ten calendar days from the decision on the permit.
3 Developed single-family residential property zoned R-1 or Planned Development.
4 Tree removal request filed in conjunction with a development application shall be reviewed concurrently with the development application in compliance with section 21.32.090.C, (Tree removal request filed with a development
application).
5 Fruit trees as defined in Section 21.32.020, (Definitions).
6 Any variety of eucalyptus (genus Myrtaceae) tree.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.100 Replacement trees.
A. Number and size of replacement trees. The minimum number and size of replacement tree(s) shall be based
on the number, size, and species of tree(s) requested to be removed. The species of replacement tree(s) shall
continue the diversity of trees found in the community.
The minimum guidelines for tree replacement are as follows:
Table 3-5
Replacement Tree Requirements
Trunk Size of Removed Tree
(measured at 4 feet above grade)
Replacement Ratio Required
(per tree removed)
Diameter
(in inches)
Circumference
(in inches)
Number of
replacement trees
Minimum Size
12 to 24 38 to 75 1 24 inch box
greater than 24 greater than 75 1 36 inch box
Heritage Trees 1 48 inch box
B. Replanting plan. A replanting plan shall be made a requirement of the tree removal permit, and is subject to approval by the approval authority prior to issuance of the tree removal permit unless an in-lieu fee in
compliance with Section 21.32.110, (Site limitations/in-lieu fee for replacement) is approved by the approval
authority. The replanting plan shall be subject to the following:
1. The replanting plan shall include a site plan of the subject property with the location and species of the
proposed replacement trees.
2. All replacement trees required by the approved replanting plan shall be obtained and planted at the
expense of the applicant.
3. If the tree removal request was filed in conjunction with a development application, in compliance with
Section 21.32.090, (Approval authority and permit process), all replacement trees shall be installed
prior to the issuance of a certificate of occupancy for the development.
4. If the tree removal request was not filed in conjunction with a development application all
replacement trees shall be installed within thirty days from the date the tree removal permit is issued
unless accepted arboricultural practices dictate a preferential planting period for the species chosen as
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the replacement tree. The community development director may require a cash deposit to secure the
planting of a replacement tree(s).
5. City staff shall be allowed to enter the property to verify the installation of the replacement trees.
6. The community development director shall have the authority to approve an increase in the number of
the on-site replacement trees and reduce the required size of the trees for developed single-family
residential properties, when appropriate.
C. Maintenance bond. The approval authority may require a faithful performance bond, maintenance bond or
other security deposit when tree replacement is required by this chapter. The bond shall be in an amount of
money and for a period of time determined by the community development director to ensure acquisition
and proper planting and maintenance of the replacement trees. The bond shall be paid to the city prior to
the issuance of the tree removal permit.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.110 Site limitations/in-lieu fee for replacement.
A. Site limitations. If the site layout cannot reasonably accommodate the number of trees required in
compliance with the replacement ratios and/or tree spacing consistent with standard forestry practices, the
approval authority shall either:
1. Approve an increase in the size of the on-site replacement trees and reduce the number of trees
required. The quantity and quality of the replacement trees shall be sufficient to produce a reasonable
tree canopy for the size of the lot; or
2. Require payment of an in-lieu fee in compliance with subsection B of this section for the required
number of trees or any portion thereof.
B. In-lieu fee. Payment of a fee shall be made to the city for tree planting elsewhere in the community should
on-site location of the replacement trees not be possible, subject to the following:
1. The in-lieu fee will be based on the fair market value of the number of trees required by Section
21.32.100, (Replacement trees) for the same or equivalent species, delivered and installed, as
determined by the public works director.
2. The fees will be used to purchase trees that will be planted within the public right-of-way or on other
public property as directed by the public works department.
3. Payment of the in-lieu fee shall be made prior to issuance of the tree removal permit.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.120 Delegation of functions.
The community development director may delegate any or all of the administrative duties authorized by this
article to one or more staff members.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
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21.32.130 Heritage tree designations.
A. Applications. Applications for designation of a heritage tree on private or public property may be initiated by
any person subject to the property owners' written consent. The applicant requesting heritage tree
designation shall submit an application in compliance with instructions provided by the community
development director and shall include the following:
1. Assessor's parcel number of the site;
2. Description detailing the proposed heritage tree's special aesthetic, cultural, or historic value of
community interest;
3. Photographs of the tree(s).
B. Historic preservation Board review. The historic preservation Board shall conduct a review of the proposed
heritage tree, based upon the information or documentation as it may require from the applicant, a
commission, staff or from other available sources. A tree may be designated as a heritage tree upon a finding
that it is unique and important to the community due to any of the following factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of significant age and/or girth in Campbell;
3. It has cultural, educational, economic, agricultural, social, indigenous, or historical heritage of the city.
C. Historic preservation Board hearing. The historic preservation Board shall hold a public hearing on any
proposed designation within thirty days after the application is deemed complete and shall render a decision
to approve, deny, or continue the hearing for more information.
D. Recordation of heritage tree designation. If the heritage tree designation is approved, the city shall record
the designation with the county recorder's office and a copy shall be provided to the property owner and the
community development department. A listing of designated heritage trees and their locations shall be listed
on the historic resources inventory and maintained by the community development department.
E. Posting and notice. Hearings for heritage tree designation shall be subject to public hearing notice
procedures specified in Chapter 21.64, (Public Hearings). In addition, the community development
department shall post the site or tree under consideration ten calendar days prior to the hearing date with a
sign setting forth the nature of the application and the date, time and place of the hearing.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.32.140 Appeals.
A. Appeals. Any person aggrieved by a decision of the approval authority as specified in this chapter may appeal
a decision in compliance with Chapter 21.62, (Appeals).
B. Decisions on appeals. No decision made in compliance with this chapter shall be final until all appeal rights
have expired. All applicable hearings shall be public hearings subject to Chapter 21.64, (Public Hearings).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.32.150 Pruning and maintenance.
A. Adoption. The City of Campbell adopts the current version of the "American National Standards Institute
(ANSI) A300 Part I: Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning)," for the
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regulation of pruning and maintenance of protected trees. The City of Campbell recognizes the use of the
current version of "Best Management Practices—Tree Pruning," prepared by the International Society of
Arboriculture (ISA), as an explanatory guide for applying the ANSI A300 standards in daily tree care practice.
B. Requirement. Pruning of a protected tree shall be performed in compliance with the adopted standards for
pruning and maintenance of protected trees specified by subsection (A), above.
C. Violation. Pruning of a protected tree not performed in compliance with subsection (A), above, as
determined by the community development director, shall constitute severe trimming, and is a violation of
this Chapter, subject to applicable penalties pursuant to Section 21.70.040, (Penalties).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.155 Arborist reports.
Preparation of an arborist report required under this Chapter shall be subject to the following:
A. Selection. The arborist report shall be prepared by a certified arborist selected by the community
development director and under the direction of the community development department.
B. Fees and payment. The cost of the arborist report, plus an administrative review fee as adopted by the
City Council, shall be remitted by the applicant prior to preparation of the arborist report.
C. Content. The content of the arborist report shall be in compliance with Section 21.32.020, (Definitions -
arborist report), or as otherwise required by the community development director as necessary to
provide sufficient information to determine the merits of the application.
D. Action of the City. The approval authority shall take into consideration the conclusions and
recommendations of the arborist report. However, the arborist report shall be considered advisory
only and its conclusions and recommendations shall not be binding upon the approval authority as to
any determinations made under this Chapter.
E. No involvement in removal. A certified arborist, including any tree maintenance firm or corporation,
owned, operated or otherwise affiliated with such arborist, shall refrain from any and all involvement
in removal of the tree reviewed under this Chapter. Violation of this provision shall be subject to
applicable penalties pursuant to Section 21.70.040, (Penalties).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.160 Violations/penalties.
The violation of any provision contained in this chapter shall be punishable as prescribed in Chapter 21.70,
(Enforcement). In addition thereto, any person unlawfully removing or destroying any tree without a permit or
severely trimming a protected tree shall be subject to the following:
A. Tree replacement penalty. Replacement trees shall be planted at a minimum of two times the
replacement ratio described in Section 21.32.100, (Replacement trees) for trees unlawfully removed
from developed single-family residential. Replacement trees shall be planted at a minimum of four
times the replacement ratio described in Section 21.32.100, (Replacement trees) for tree unlawfully
removed from all other properties. The exact replacement ratio shall provide, in the opinion of the
community development director, an equivalent aesthetic quality that shall be based on the size,
height, location, appearance, and other characteristics of the unlawfully removed tree.
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B. Payment for value of unlawfully removed tree(s). Where replacement trees will not provide equivalent
aesthetic quality because of the size, age, or other characteristics of the unlawfully removed tree, the
community development director shall estimate the value of the removed tree using the latest edition
of The Guide for Establishing Values of Trees and Other Plants, prepared by the council of tree and
landscape appraisers, as a resource. Upon the determination of the value, the community
development director, may require a cash payment to the city to be added to a street tree fund for the
cost of purchasing trees for installation within the public right-of-way or on other public property as
directed by the public works department.
C. Combination of cash payment and tree replacement. If the site layout cannot reasonably
accommodate the required number of trees in compliance with the tree replacement penalty ratios
and/or tree spacing consistent with standard forestry practices, the community development director
may approve a combination of a cash payment either in whole or in part and a portion of the
replacement trees in compliance with this section. The cumulative value of the cash payment and the
replacement trees shall be equivalent to the monetary, aesthetic, and environmental value of the
unlawfully removed tree.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
(Ord. No. 2169, § 2(Exh. A), 6-4-2013)
21.32.170 No liability upon city.
Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or
employees, nor relieve the owner or occupant of any private property from the duty to keep in safe condition any
trees upon his/her property or upon a public right-of-way over his/her property.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
Title 21 ‐ ZONING
Chapter 21.34 WIRELESS COMMUNICATIONS FACILITIES
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Page 1 of 21
Chapter 21.34 WIRELESS COMMUNICATIONS FACILITIES1
21.34.010 Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the
orderly development of wireless communications facilities and to reasonably regulate, to the extent permitted by
California and federal law, the placement, affixing, attachment, mounting, construction, erection, installation,
siting, collocation, modification, relocation, development, use, operation, maintenance, and removal of wireless
communications facilities in the City of Campbell in a manner that protects and promotes public health, safety and
welfare, and balances the benefits that flow from robust wireless services with the unique and historic character,
aesthetics and local values of the City. The standards contained in this chapter are designed to minimize the
adverse visual impacts and operational effects of these facilities using appropriate design, siting and screening
techniques while providing for the communications needs of residents, local business and government of the City
and the region.
These regulations are not intended to, and shall not be interpreted or applied to:
A. Prohibit or effectively prohibit personal wireless services; or
B. Unreasonably discriminate among providers of functionally equivalent personal wireless services; or
C. Regulate the installation, operation, collocation, modification or removal of wireless facilities on the
basis of the environmental effects of RF emissions to the extent that such emissions comply with all
applicable FCC regulations; or
D. Prohibit or effectively prohibit any collocation or modification that the City may not deny under
California or federal law; or
E. Preempt any applicable California or federal law.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.020 Applicability.
This chapter applies to all wireless communications facilities including, without limitation, all new facilities,
existing facilities, modifications to existing facilities, wireless transmission devices, support structures and related
accessory equipment, unless exempted by Section 21.34.030 (Exemptions).
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.030 Exemptions.
The following uses shall be exempt from the provisions of this chapter:
1Editor's note(s)—Ord. No. 2226, § 4, adopted Sep. 19, 2017, repealed the former Ch. 21.34, §§ 21.34.010—
21.34.230, and § 5(Exh. A‐1) enacted a new chapter as set out herein. The former Ch. 21.34 pertained to
wireless telecommunications facilities and derived from Ord. 1965, § 1, adopted in 1998; Ord. 2043, § 1,
adopted in 2004; and Ord. 2070, § 1(Exh. A), adopted in 2006.
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A. Any non‐commercial communication service as defined in Section 21.34.200.
B. Facilities in public rights‐of‐way which are regulated by Title 11 of the Campbell Municipal Code.
C. Public safety communications facilities owned and operated by the City, County, State, or Federal
Government.
D. Facilities owned and operated by the City for its use.
E. Over‐the‐air reception devices ("OTARDs") as defined in 47 Code of Federal Regulations (C.F.R.) Section
1.4000 et seq., as may be amended or superseded, which include without limitation, direct‐to‐home
satellite antennas smaller than three feet in diameter.
F. All antennas and wireless communications facilities identified by the FCC or the California Public
Utilities Commission (CPUC) as exempt from local regulations.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.040 Permits required.
A. Permit required. Wireless communications facilities shall not be installed or erected except upon approval of
a use permit, an administrative site and architectural review permit, or zoning clearance.
B. Conflicting provisions. Use permits, administrative site and architectural review permits, and zoning
clearances shall be processed in compliance with CMC Chapters 21.46 (Conditional Use Permits), 21.42 (Site
and Architectural Review), and 21.40 (Zoning Clearances) of this title, respectively, and in compliance with
the provisions of this chapter. In the event of any conflict between the provisions of this chapter and the
provisions of CMC Chapters 21.46, 21.42, or 21.40, the provisions of this chapter shall govern and control.
C. Other Permits. A permit issued under this chapter is not in lieu of any other permit required under the CMC,
except as specifically provided in this chapter. It does not create a vested right to occupy any particular
location, and a permittee may be required to move, relocate and remove facilities at its expense consistent
with other provisions of the CMC and applicable law.
D. Community development director's discretion. In any instance where a communications facility requires an
administrative site and architectural review permit under this chapter, the community development director
shall have the discretion to alternatively require a use permit.
E. Permit type. Table 3‐6 identifies the type of permit required for each type of facility:
Table 3‐6
Wireless Communications Facilities Required Permit Matrix
Type of Facility Type of Permit
Concealed Facility; or
A new wireless communications facility that is not eligible for an administrative site
and architectural review permit or zoning clearance
Use Permit
Stealth Facility; or
A collocation that is not eligible for a zoning clearance
Administrative Site and
Architectural
Review
Eligible Facility Requests Zoning Clearance
F. Other permit requirements. In addition to any conditional use permit or administrative site and architectural
review permit that may be required, the applicant must obtain all other required permits and/or other
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approvals from other City departments, and/or state or federal agencies. Applicable building, plumbing or
electrical permits (if applicable) will be required prior to construction.
G. Prohibited facilities. Any wireless communications facility that does not comply with the most current
regulatory and operational standards and regulations (including, but not limited to RF emission standards)
adopted by the FCC are prohibited.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.050 Application procedures.
An application for a wireless communications facility shall be filed and reviewed in compliance with CMC
Chapter 21.38 (Application Filing, Processing and Fees), as may be amended from time‐to‐time, unless otherwise
specified in this chapter.
A. Submittal/resubmittal meeting required. Applications for a wireless communications facility must be
made in person by someone with authority to act on behalf of the applicant during the planning
division public counter hours. Applications and any subsequent resubmittal that are not made in
person by someone with authority to act on behalf of the applicant and during scheduled times shall
not be accepted for filing and will be returned.
B. Pre‐application or conceptual review. A pre‐application in accordance with CMC Chapter 21.41 (Pre‐
Applications) and/or conceptual review are strongly recommended prior to submitting formal
applications for new ground‐mounted monopoles or towers, new building mounted facilities, or
projects in less‐preferred locations as set forth in Section 21.34.090 (Location of wireless
communications facilities).
C. Revised applications. Unless waived by the community development director, resubmitted applications
that result in a substantially revised facility design, size, height, or location such that a new or
substantially different project, warranting a new round of completeness review, is proposed, shall be
required to be withdrawn and a new application shall be filed for the substantially revised project.
D. Timeline for review. The timeframe for review of an application shall begin to run when the application
is submitted in writing to the community development department, but may be tolled by mutual
agreement or in cases where the City determines that the application is incomplete. The application
processing time for applications subject to this chapter shall be in conformance with the time periods
and procedures established by applicable FCC decisions, adjusted for any tolling due to incomplete
application notices or mutually agreed upon extensions of time:
1. For an eligible facilities request, the City will act on the application within sixty calendar days of
the community development department's receipt of such application packet.
2. For a collocation that does not constitute an eligible facilities request, the City will act on the
application within ninety calendar days of the community development department's receipt of
such application packet.
3. For new facilities (that are not a collocation and/or do not constitute an eligible facilities request
subject to a shorter review period as provided above), the City will act on the application within
one hundred and fifty calendar days of the community development department's receipt of
such application packet.
E. Incomplete application notices. In the event that City staff determines that a permit application does
not contain all the required materials, City staff may issue an incomplete notice consistent with this
subsection. When applications are incomplete as filed, the timeframes for review set forth in Section
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21.34.050(D) above do not include the time that the applicant takes to respond to the City's request for
additional information.
1. First notice. City staff shall determine whether an application for a facility is complete within
thirty calendar days of the City's receipt of the application and shall notify the applicant in writing
when additional information is required to complete the application. The incomplete notice shall
specify the incomplete or missing information and the publicly publically available information
source that requires that missing or incomplete information. The applicable timeframe for review
set forth in Section 21.34.050(D) shall be tolled until the applicant makes a supplemental
submission, responding to the City's request for additional information. The timeframe for review
begins running again when the applicant makes a supplemental submission in response to the
City's notice of incompleteness.
2. One Submittal. The applicant's response and submission of supplemental materials and
information, responding to a notice of incompleteness must be given to the City in one submittal
packet.
3. Subsequent notice(s). After an applicant responds to an incomplete notice and submits additional
information, City staff will notify the applicant within ten calendar days of the City's receipt of the
supplemental submission if the additional information failed to complete the application. In the
case of second or subsequent notices of incompleteness, the applicable timeframe for review set
forth in Section 21.34.050(D) shall be tolled until the applicant makes a supplemental submission,
responding to the City's request for additional information.
4. The City may continue to issue notices of incompleteness until the applicant supplies all
requested information required to deem the application as complete. Following each notice of
incompleteness, the applicable timeframe for review set forth in Section 21.34.050(D) shall be
tolled during time that the applicant takes to respond to the City's request for additional
information.
F. Withdrawal; Extensions of time. To promote efficient review and timely decisions, applications deemed
incomplete must be resubmitted within one hundred eighty calendar days after notification of
incompleteness, or they shall be deemed automatically withdrawn. Following the applicant's request,
the community development director may grant a one‐time extension in processing time to resubmit,
not to exceed one hundred fifty calendar days. If the application is deemed automatically withdrawn
(and any applicable extension period, if granted, has expired), a new application (including, fees, plans,
exhibits, and other materials) shall be required in order to commence processing of the project.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.060 Submittal requirements.
For all wireless communications facilities, the applicant shall provide the information listed below.
Application for a wireless communications facility shall be made upon a form to be provided by and shall be
submitted to the community development department in person. The form shall specify the number, size, and
format of the project plans and application materials to be provided. The community development director may
waive certain submittal requirements or require additional information based on specific project factors. Unless an
exemption or waiver applies, all applications shall include all of the following and will not be accepted if any
submittal material is missing or not fully completed:
A. Application. A fully completed and executed City application form for the type of approval sought (and
all information, materials, and fees specified in such City application form), available on the City's
website or from the community development department, as may be amended from time to time.
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B. Application fees. Application fees, in a payment format accepted by the City finance department, as
may be amended from time to time.
C. Reserved.
D. Written statement; type of approval sought. A written narrative describing the project in detail
(including a summary of facility equipment) and asserting whether or not the request is a new facility, a
collocation, or an eligible facility request, specifying the facility design approach (e.g. concealed,
stealth, or eligible facility), and providing reasons why the permit should be granted. The application
must also state what approval is being sought (i.e. use permit, administrative site and architectural
review permit, or zoning clearance). If the applicant believes the project constitutes an eligible facility
request, the applicant must provide a detailed explanation clarifying how this determination was
made.
E. Preliminary title report. A preliminary title report (or other definitive evidence of property ownership
satisfactory to the City) prepared in the last six months.
F. City‐owned. If the proposed facility is to be located on a City‐owned building, pole, or other structure,
the application must be signed by an authorized representative of the City and accompanied by the
license or other agreement authorizing applicant's use of such City‐owned property. A permit issued
under this chapter is not a franchise, license or other authorization to occupy the public rights‐of‐way,
or a license, lease or agreement authorizing occupancy of any public property.
G. Independent consultant deposit. A fee deposit, if required, to reimburse the City for its costs to retain
an independent consultant to review the technical aspects of the application.
H. Site and construction plans. Complete and accurate plans, drawn to scale, signed, and sealed by a
California‐licensed engineer, land surveyor, and/or architect, which include, at a minimum, the
following items.
1. A site plan and elevation drawings for the facility as existing and as proposed with all height and
width measurements explicitly stated.
2. A depiction, with height and width measurements explicitly stated, of all existing and proposed
transmission equipment.
3. A depiction of all existing and proposed utility runs and points of contact.
4. A depiction of the leased or licensed area of the site with all rights‐of‐way and easements for
access and utilities labeled in plan view and including legal boundaries of the leased, licensed or
owned area surrounding the proposed facility and any associated access or utility easements.
5. For proposed collocations or modifications to towers, the plans must include scaled plan views
and all four elevations that depict the physical dimensions of the wireless tower as it existed on
February 22, 2012, or as approved if constructed after February 22, 2012. For proposed
collocations or modifications to base stations, the plans must include scaled plan views and all
four elevations that depict the physical dimensions of the base station as it existed on February
22, 2012, or as approved if constructed after February 22, 2012.
6. A demolition plan (if applicable).
I. Visual simulations. A visual analysis that includes (1) scaled visual simulations that show unobstructed
before‐and‐after construction daytime and clear‐weather views from the four most prominent angles,
together with a full‐color map that shows the location of each view angle; (2) a color and finished
material palate for proposed materials juxtaposed against the existing material it seeks to match (if
applicable); (3) a photograph of a completed facility of a similar design and setting as the proposed
wireless communication facility (if applicable); and (4) a visual simulation showing the maximum
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expansion of the facility which could occur as a result of a future eligible facility request pursuant to
Section 6409(a) and FCC rules implementing Section 6409 of the Spectrum Act, codified at 47 U.S.C.
1455.
J. Prior permits. True and correct copies of all previously issued permits, including, without limitation, all
required conditions of approval. For eligible facilities requests, the application must also include a
certification by the applicant that the proposal will not violate any previous permit or conditions of
approval or why any violated permit or conditions does not prevent approval under Section 6409(a)
and the FCC's regulations implementing this federal law.
K. FCC compliance; Affirmation of radio frequency standards compliance. An affirmation, under penalty of
perjury, that the proposed installation will be FCC compliant and will not cause members of the general
public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. The application
shall include an RF report (or other documentation) acceptable to the City, evidencing that the
proposed facility, as well as any collocated facilities, and cumulative conditions will comply with
applicable FCC standards and regulations, (including, but not limited to, federal RF exposure standards
and exposure limits). Documentation of FCC compliance shall be required for all wireless
communications facility permits, including, without limitation, permit modifications.
L. Required Licenses or Approvals. Evidence that the applicant has all current licenses and registrations
from the FCC, the CPUC, and any other applicable regulatory bodies where such license(s) or
registration(s) are necessary to provide wireless communication services utilizing the proposed
wireless communication facility.
M. Structural analysis. A structural analysis, prepared, signed, and sealed by a California‐licensed engineer
that assesses whether the proposed wireless communications facility complies with all applicable
building codes.
N. Other permits. An application for a wireless facility shall include all permit applications with all required
application materials for each and every separate permit required by the City including, but not limited
to, a building permit and an encroachment permit (if applicable). A permit issued under this chapter is
not in lieu of any other permit required under the CMC, except as specifically provided in this chapter.
Further, the applicant is hereby notified that all permit submittals are 'at risk', and that application
materials may be required to be modified, and if denied, shall not be reimbursed application fees.
O. Statement of Purpose. A written statement that includes: (1) a description of the technical objectives
to be achieved; (2) an annotated topographical map that identifies the targeted service area to be
benefitted; (3) the estimated number of potentially affected users in the targeted service area; and (4)
full‐color signal propagation maps with objective units of signal strength measurement that show the
applicant's current service coverage levels from all adjacent sites without the proposed site, predicted
service coverage levels from all adjacent sites with the proposed site, and predicted service coverage
levels from the proposed site without all adjacent sites.
P. Alternative Sites Analysis. The applicant must provide a list of all existing structures considered as
alternatives to the proposed location, together with a general description of the site design considered
at each location. The applicant must also provide a written explanation for why the alternatives
considered were unacceptable or infeasible, unavailable or not as consistent with the development
standards in this chapter as the proposed location. This explanation must include a meaningful
comparative analysis and such technical information and other factual justification as are necessary to
document the reasons why each alternative is unacceptable, infeasible, unavailable or not as
consistent with the development standards in this chapter as the proposed location. If an existing
facility is listed among the alternatives, the applicant must specifically address why the modification of
such existing wireless communications facility is not a viable option. Stealth facilities shall not be
required to provide an alternative site analysis.
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Q. Noise Study. If the proposed facility (or any portion thereof or equipment thereon) will generate or
omit noise, a noise study prepared and certified by an engineer for the proposed facility and all
associated equipment including, but not limited to, all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators demonstrating
compliance with the City's noise regulations. The noise study must also include an analysis of the
manufacturers' specifications for all noise‐emitting equipment and a depiction of the proposed
equipment relative to all adjacent property lines.
R. Other information. Such other information as the City may require, as specified in publically available
materials, including, but not limited to, information required as stated on the City's website.
S. Construction Staging/Phasing Plan. A construction staging/phasing plan shall be provided indicating the
location and duration of all associated construction activities.
T. Content Exemptions for Eligible Facilities Request Applications. Notwithstanding subsections (A)
through (S) above, applications for an eligible facilities request are exempt from the requirements in
subsections (E), (I), (O), (P), (Q), and (S) above.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.070 General requirements; standard conditions of approval.
In addition to any other conditions of approval permitted under federal and state law and that the decision‐
making body deems appropriate, all wireless communications facilities whether approved through a conditional
use permit, an administrative site and architectural review permit, zoning clearance, or deemed granted by the
operation of law, shall include and abide by the following conditions of approval:
A. All Facilities. The following standard conditions of approval apply to all facilities and shall be included in
all conditional use permits and administrative site and architectural review permits approved under
this Chapter:
1. Cessation of operations. The service provider shall provide written notification to the community
development director upon cessation of operations on the site exceeding a ninety calendar day
period. The service provider, permittee and/or property owner shall remove all obsolete or
unused facilities from the site within one hundred eighty calendar days of termination of the
lease with the property owner or cessation of operations, whichever comes earlier.
a. New permit required. If a consecutive period of one hundred eighty calendar days has
lapsed since cessation of operations, a new permit shall be required prior to use or reuse of
the site.
2. Length of approval. A validly issued conditional use permit, or administrative site and
architectural review permit shall be valid for a period of ten years from the effective date of the
approval (or date the facility gains a "deemed granted" status) but may be reduced for public
safety reasons or substantial land use reasons pursuant to Government Code Section 65964(b).
Use permits and site and architectural review permits approved prior to the effective date of this
ordinance shall expire pursuant to the previously approved permit term. If a request for a
renewal of the required permits(s) is received before the permit expiration, the permit shall
remain in effect until a decision on the renewal is made or the application is withdrawn.
Communication facilities that exist on the effective date of this chapter without a specified
expiration date (e.g. because the governing permit(s) contained no expiration date or due to non‐
conforming status), and which had not otherwise already expired (e.g. due to the previously
established amortization period(s) contained in City Council Ordinance 2070, CMC Section
21.34.060(E), and/or CMC Section 21.58.040(F), as they existed prior to the effective date of this
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Chapter), shall expire five years from the effective date of this chapter or ten years from the date
of their establishment, whichever is greater. Nothing contained in this Chapter is intended to
revive or extend any permit or use that expired on or prior to the effective date of this Chapter.
a. The permit may be renewed for subsequent time periods, subject to the following:
i. The renewal application is filed with the community development department
prior to expiration, but no earlier than twenty‐four months prior to expiration.
ii. The permit approval may be administratively extended by the community
development director from the initial approval date for a subsequent ten years
and may be extended by the community development director every ten years
thereafter upon verification that the facility continues to comply with this
chapter (as may be amended from time to time) and all conditions of approval
under which the facility was approved. All costs associated with the review
process shall be borne by the service provider, permittee and/or property
owner.
iii. This provision shall not apply to conditional use permits or administrative site
and architectural review permits granted prior to the effective date of this
chapter. However, applications for use permits or site and architectural review
permits to modify existing wireless communications facilities that are granted
on or after the effective date of this chapter are subject to this subsection
21.34.070(A)(2)(a).
b. If a request for renewal of the required permit(s) is not timely received and the permit
expires, the City may declare the facility(ies) abandoned or discontinued in accordance
with Section 21.34.070(A)(16) (Abandonment).
3. Business license required. Each service provider with a wireless communications facility in the
City shall obtain and maintain a City business license.
4. Impact on parking. The installation of wireless communication facilities shall not reduce required
parking on the site. For the purposes of this requirement, routine maintenance activities shall not
be considered to result in a measurable impact on parking. Applications for eligible facilities
requests shall be exempt from this condition provided that any reduction in onsite parking spaces
does not violate a prior condition of approval or applicable building or safety code.
5. Implementation and monitoring costs. The wireless communications permittee, service provider
or its/their successor shall be responsible for the payment of all reasonable costs associated with
the monitoring of the conditions of approval, including, but not limited to, costs incurred by the
community development department, the office of the city attorney or any other appropriate
City department or agency, to the full extent such costs are recoverable or collectible under
applicable state and/or federal law. The community development department shall collect costs
on behalf of the City.
6. Development and operational standards. All facilities shall satisfy the development standards of
the district in which they are proposed, as well as the Development and Operational Standards
outlined in CMC 21.16 (e.g. Electrical Interference, Light and Glare, Noise, Odor, Vibration,
Maintenance) and the Site Development Standards (e.g. as specified in CMC 21.18). Exceptions to
development and operational standards shall only be permitted for (A) an eligible facility request
to the extent required by law, (B) a subsequent collocation facility to the extent required by
California Government Code section 65850.6(a), or (C) for a stealth facility when such exception
is limited to maximum allowable heights, or minimum setbacks, and when such exception would
not result in a perceivable visual impact.
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7. Permits. All permits required for the installation of the facility and associated improvements,
shall be completed prior to operation of the facility (or component of that facility).
8. Concealment. Every aspect of a stealth and/or concealed facility is considered an element of
concealment including, but not limited to, the dimensions, bulk and scale, color, materials and
texture. For all other facilities, elements such as dimension, scale, color, materials, and textures
may be considered stealth and/or concealment elements of the facility. Any future modifications
to the facility must not defeat concealment
9. Compliance with Applicable Laws. The permittee and service provider shall at all times comply
with all applicable provisions of the CMC including, but not limited to, Title 21 (Zoning), any
permit or approval issued under the CMC including, but not limited to, Title 21 (Zoning), and all
other applicable federal, state and local laws, rules and regulations. Failure by the City to enforce
compliance with applicable laws, rules or regulations shall not relieve any permittee of its
obligations under the CMC including, but not limited to, Title 21 (Zoning), any permit or approval
issued under the CMC, or any other applicable laws, rules and regulations.
10. Compliance with Approved Plans. The facility shall be built in compliance with the approved plans
on file with the community development department.
11. Inspections; Emergencies. The City or its designee may enter onto the facility area to inspect the
facility upon reasonable notice to the permittee in times of emergency. The permittee shall
cooperate with all inspections. The City reserves the right to enter (or direct its designee to
enter) the facility and support, repair, disable or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or property.
12. Contact Information for Responsible Parties. The permittee shall at all times maintain accurate
contact information for all parties responsible for the facility, which shall include a phone
number, street mailing address and email address for at least one natural person. All such
contact information for responsible parties shall be provided to the community development
director upon request.
13. General Maintenance. The site and the facility, including but not limited to all landscaping,
fencing, concealment features, and related transmission equipment, must be maintained in a
neat and clean manner and in accordance with all approved plans and conditions of approval.
14. Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee
within forty‐eight hours after notification from the City.
15. FCC (including, but not limited to, RF Exposure) Compliance. All facilities must comply with all
standards and regulations of the FCC and any other state or federal government agency with the
authority to regulate such facilities.
16. Abandonment.
a. To promote the public health, safety and welfare, the community development director
may declare a facility (or component of a facility) abandoned or discontinued when: (a) The
permittee or service provider abandoned or discontinued the use of a facility (or
component of a facility) for a continuous period of ninety calendar days; or (b) The
permittee or service provider fails to respond within thirty calendar days to a written
notice from the community development director that states the basis for the community
development director's belief that the facility (or component of the facility) has been
abandoned or discontinued for a continuous period of ninety calendar days; or (c) The
permit expires and the permittee has failed to file a timely application for renewal.
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b. After the community development director declares a facility (or component of a facility)
abandoned or discontinued, the permittee shall have sixty calendar days from the date of
the declaration (or longer time as the community development director may approve in
writing as reasonably necessary) to: (a) reactivate the use of the abandoned or
discontinued facility (or component thereof) subject to the provisions of this chapter and
all conditions of approval; or (b) remove the facility (or component of that facility) and all
improvements installed in connection with the facility (or component of that facility),
unless directed otherwise by the community development director, and restore the site to
a condition in compliance with all applicable codes and consistent with the then‐existing
surrounding area.
c. If the permittee fails to act as required in Section 21.34.070(A)(16)(b) within the prescribed
time period, the City may (but shall not be obligated to) remove the abandoned facility (or
abandoned component of the facility), restore the site to a condition in compliance with all
applicable codes and consistent with the then‐existing surrounding area, and repair any
and all damages that occurred in connection with such removal and restoration work. The
City may, but shall not be obligated to, store the removed facility (or component of the
facility) or any part thereof, and may use, sell or otherwise dispose of it in any manner the
City deems appropriate. The last‐known permittee or its successor‐in‐interest and, if on
private property, the real property owner shall be jointly liable for all costs and expenses
incurred by the City in connection with such removal, restoration, repair and storage, and
shall promptly reimburse the City upon receipt of a written demand, including, without
limitation, any interest on the balance owing at the maximum lawful rate. The City may,
but shall not be obligated to, use any financial security required in connection with the
granting of the facility permit to recover its costs and interest. Until the costs are paid in
full, a lien shall be placed on the facility, all related personal property in connection with
the facility and, if applicable, the real private property on which the facility was located for
the full amount of all costs for removal, restoration, repair and storage (plus applicable
interest). The City Clerk shall cause the lien to be recorded with the County of Santa Clara
Recorder's Office. Within sixty calendar days after the lien amount is fully satisfied
including costs and interest, the City Clerk shall cause the lien to be released with the
County of Santa Clara Recorder's Office.
d. After a permittee fails to comply with any provisions of this Section 21.34.070(A)(16)
(Abandonment), the City may elect to treat the facility as a nuisance to be abated as
provided in the CMC (including, but not limited to, Chapter 6.10).
17. Indemnities. The permittee, service provider, and, if applicable, the non‐government owner of
the private property upon which the tower and/or base station is installed (or is to be installed)
shall defend (with counsel reasonably satisfactory to the City), indemnify and hold harmless the
City of Campbell its officers, officials, directors, agents, representatives, and employees (i) from
and against any and all damages, liabilities, injuries, losses, costs and expenses and from and
against any and all claims, demands, lawsuits, judgments, writs of mandamus and other actions
or proceedings brought against the City or its officers, officials, directors, agents, representatives,
or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of
the permit, and (ii) from and against any and all damages, liabilities, injuries, losses, costs and
expenses and any and all claims, demands, lawsuits, judgments, or causes of action and other
actions or proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of, in connection with or relating to the acts, omissions, negligence, or
performance of the permittee, the service provider, and/or, if applicable, the private property
owner, or any of each one's agents, representatives, employees, officers, directors, licensees,
contractors, subcontractors or independent contractors. It is expressly agreed that the City shall
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have the right to approve (which approval shall not be unreasonably withheld) the legal counsel
providing the City's defense, and the property owner, service provider, and/or permittee (as
applicable) shall reimburse City for any and all costs and expenses incurred by the City in the
course of the defense.
B. Eligible Facilities Requests/Zoning Clearances. In addition to the conditions in subsection (A) above, all
eligible facilities requests shall comply with and all associated zoning clearances shall include the
following standard conditions of approval:
1. No Permit Term Extension. The City's grant or grant by operation of law of a zoning clearance for
an eligible facilities request constitutes a federally‐mandated modification to the underlying
permit or approval for the subject tower or base station. The City's grant or grant by operation of
law of a zoning clearance for an eligible facilities request will not extend the permit term for any
use permit, administrative site and architectural review permit or other underlying regulatory
permit or approval and its term shall be coterminous with the underlying permit or other
regulatory approval for the subject tower or base station. If requested in writing by the applicant
at the time of application submittal, the permit term for the underlying conditional use permit or
administrative site and architectural review permit may be administratively extended by the
community development director (at his/her discretion) from the initial approval date upon
verification that the facility continues to comply with this chapter (as may be amended from time
to time) and all conditions of approval under which the facility was approved. All costs associated
with the review process shall be borne by the service provider, permittee and/or property owner.
2. No Waiver of Standing. The approval of a zoning clearance for an eligible facilities request (either
by express approval or grant by operation of law) does not waive, and shall not be construed to
waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section
6409(a) or any eligible facilities request.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.080 Regulations for facilities subject to a zoning clearance.
This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of
1996, Section 6409(a), and the applicable FCC decisions and FCC rules and regulations, and court decisions and
determinations relating to the same, including, without limitation, 80 FR 1238 (January 8, 2015), 47 C.F.R.
§§1.1306(c), 1.1307(a)(4)(ii), 1.610040001 et seq., In the Matter of Acceleration of Broadband Deployment by
Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd. 12865 (2014), and In re Petition for
Declaratory Ruling, 24 FCC Rcd. 13994 (2009). In the event that a court of competent jurisdiction invalidates all or
any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not
mandate approval for an eligible facilities request, then all modifications to existing facilities subject to this section
that are proposed after such invalidation must be approved by a conditional use permit or administrative site and
architectural review permit, as applicable, subject to the discretion of the community development director.
A. Findings. The community development director must approve a zoning clearance for an eligible
facilities request when the director finds all of the following:
1. The proposed modification qualifies as an eligible facilities request and does not constitute a
"substantial change" as defined in Section 21.34.200.
2. The applicant has provided all required submittal materials for the proposed modification.
B. Denial. In addition to any other alternative recourse permitted under federal law, the community
development director may deny a zoning clearance upon finding that the proposed facility:
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1. Defeats the effect of existing concealment elements of the support structure;
2. Violates any legally enforceable standard or permit condition related to compliance with
generally applicable building, structural, electrical and/or safety codes;
3. Violates any legally enforceable standard or permit condition reasonably related to public health
and/or safety; or
4. Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.
C. Denial Without Prejudice. Any denial of an application for an eligible facilities request shall be without
prejudice to the applicant, the real property owner or the project. Subject to the application and
submittal requirements in this chapter, the applicant may submit a permit application (together with
all required fees, costs and deposits) for a use permit, administrative site and architectural review
permit, or zoning clearance, as appropriate.
D. Extensions. The approval of a zoning clearance for an eligible facilities request shall not automatically
extend or renew the length or term of the underlying permit term or facility build out.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.090 Location of wireless communications facilities.
A. To the extent feasible and when doing so would not conflict with applicable federal or state law, wireless
communications facilities subject to the review and approval of a conditional use permit or an administrative
site and architectural review permit shall be located in the most preferred location as described in this
section and the General Plan, according to the following order of priority (ordered from the most preferred
to the least preferred):
More preferred areas:
1. City owned or controlled parcels; then
2. Industrial, research and development & public facilitiesinstitutional designated parcels; then
3. General commercial, central business districtcommercial, professional office, and mixed‐use
designated parcels; then
4. Neighborhood commercial and open space designated parcels; then
Less preferred areas:
5. Residential, historical, and other designated areas, districts and/or parcels; then
6. All other areas.
B. If an applicant proposes to locate a new facility or substantial change to an existing facility in a less preferred
area, the applicant shall provide an additional alternative site analysis that, at a minimum, includes a
meaningful comparative analysis of all the alternative sites in the more preferred locations that the applicant
considered and states the underlying factual basis for concluding, and demonstrates, to the satisfaction of
the decision‐making body, why each alternative in a more preferred location(s) is/are (i) not technically
feasible, (ii) not potentially available, and/or (iii) more intrusive. The decision‐making body may authorize a
facility to be established in a less preferred location if doing so is necessary to prevent substantial aesthetic
impacts.
C. Notwithstanding any provisions of this Section 21.34.090 (Location of wireless communications facilities) to
the contrary, facilities in the public‐right‐of way may be found preferable to a location on private property,
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to the extent feasible and provided that the same order of priority, in consideration of the abutting land
use(s), is maintained.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.100 Design requirements.
All wireless communications facilities subject to a conditional use permit or an administrative site and
architectural review permit shall be designed as a stealth facility, or as a concealed facility, as defined in Section
21.34.200, and incorporate concealment measures and/or techniques appropriate for the proposed location and
design. All facilities and modifications thereto (except those facilities which qualify as an eligible facilities request
pursuant to Section 6409(a) or as a subsequent collocation facility that is a permitted use not subject to a city
discretionary permit pursuant to California Government Code section 65850.6(a), for which these provisions shall
serve only as guidelines) shall also comply with the Wireless Facility Design Requirements that have been adopted
by the City. The cost or inconvenience to comply shall not provide justification to deviate from City design
requirements.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.110 Special findings for wireless communications facilities.
Whenever a conditional use permit or administrative site and architectural review permit is required for a
wireless communications facility, the decision‐making body shall first find all of the following conditions, in
addition to those findings identified in CMC Section 21.46.040 (Findings and decision) and Section 21.42.050
(Action by community development director) respectively, are satisfied in order to approve the permit application:
A. The proposed facility, or modification to an existing facility, as conditioned will be a stealth or
concealed facility as defined in Section 21.34.200;
B. The proposed facility, or modification to an existing facility, as conditioned will comply with all
requirements of Chapter 21.34 (Wireless Communications Facilities);
C. The proposed facility, or modification to an existing facility, as conditioned will comply with all
applicable design guidelines; and
D. The proposed facility, or modification to an existing facility, as conditioned will be consistent with the
general plan.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.120 Failure to act and remedies.
Under federal and/or state law, the City's failure to act on a wireless communications facility permit
application within a reasonable period of time in accordance with the time periods and procedures established by
applicable FCC decisions, accounting for tolling periods, may result in the permit being deemed granted by
operation of law. To the extent federal or state law provides a "deemed grant" remedy for wireless
communications facility applications not timely acted upon by the City, no such application shall be deemed
granted unless and until the applicant satisfies the following requirements:
A. For all facility applications:
1. Submits a complete application package, pursuant to the application procedures as specified in
this chapter and applicable federal and state law and regulations.
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2. Following the date by which the City must take final action on the application (as determined in
accordance with the time periods and procedures established by applicable FCC decisions and
accounting for tolling), the applicant must provide notice to the City that the application is
deemed granted by operation of law.
B. For conditional use permits and administrative site and architectural review permit applications:
1. Completes all public noticing required pursuant to CMC Section 21.64.020 (Notice of hearing).
2. No more than thirty calendar days before the date by which the City must take final action on the
application (as determined in accordance with the time periods and procedures established by
applicable FCC decisions and accounting for tolling), the applicant must provide the following
written notice to all recipients identified in CMC Section 21.64.020(B)(2) (Mailing) and to the City.
a. The notice shall be delivered to the City in person or by certified United States mail.
b. The notice must state that the applicant has submitted an application to the City, describe
the location and general characteristics of the proposed facility, and include the following
statement: "Pursuant to California Government Code Section 65964.1, state law may deem
the application approved in thirty calendar days unless the City approves or denies the
application, or the City and applicant reach a mutual tolling agreement."
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.130 Prohibited grounds for denial.
Notwithstanding any other provisions of this chapter, the denial of a conditional use permit, administrative
site and architectural review permit, or zoning clearance may not be based on the environmental effects of RF
emissions for wireless communications facilities that comply with FCC regulations, standards and guidelines
concerning such RF emissions.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.140 Revocation of permit.
The City may revoke a permit for a wireless communications facility for noncompliance with any enforceable
permit, permit condition, or law applicable to the facility. When the community development director finds reason
to believe that grounds for permit revocation exist, the director shall notify the permittee that a violation exists
and request compliance within a reasonable amount of time. Upon failure to comply, the community development
director may schedule a public hearing before the planning commission at which the commission may modify or
revoke the permit. A revocation by the planning commission may be appealed to the City Council. All hearings shall
be noticed and conducted in compliance with the proceedings set forth in CMC Chapter 21.68 (Revocations and
modifications).
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.150 Temporary wireless communications facilities.
A temporary wireless communications facility, such as a "cell‐on‐wheels" (COW) may be used during public
emergencies, including when a local emergency is declared by the City Manager. A COW or similar temporary
wireless communications facility or equipment shall not be permitted for maintenance activities or while awaiting
an expected entitlement or pending plan review, and the temporary allowance of such equipment or facility during
an emergency shall not be considered to establish a permanent use of such a facility or structure after the
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emergency has ended, as declared by the City Manager. Once the emergency has ended, the temporary wireless
communications facility shall be removed.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.160 Limited exemption from standards.
The applicant always bears the burden to demonstrate why an exemption should be granted. An applicant
may request an exemption from one or more requirements of this chapter on the basis that a permit denial would
effectively prohibit personal wireless services in the City. For the City to approve such an exemption, the applicant
must demonstrate with clear and convincing evidence all of the following:
A. A significant gap in the applicant's service coverage exists; and
B. All alternative sites identified in the application review process are either technically infeasible or not
potentially available.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.170 Independent consultant review.
A. Authorization. The City Council authorizes the community development director to, in his or her discretion,
select and retain an independent consultant with expertise in telecommunications satisfactory to the
community development director in connection with any permit application.
B. Scope. The community development director may request independent consultant review on any issue that
involves specialized or expert knowledge in connection with the permit application. Such issues may include,
but are not limited to:
1. Permit application completeness or accuracy;
2. Whether and where a significant gap exists or may exist, and whether such a gap relates to service
coverage or service capacity;
3. Whether technically feasible and potentially available alternative locations and designs exist;
4. The applicability, reliability and/or sufficiency of analyses or methodologies used by the applicant to
reach conclusions about any issue within the scope of this Chapter; and
5. Any other issue that requires expert or specialized knowledge identified by the community
development director.
C. Deposit. To the full extent such costs are recoverable or collectible under applicable state and/or federal law,
the applicant must pay for the reasonable cost of such review and for the technical consultant's testimony in
any hearing as requested by the community development director and must provide a reasonable advance
deposit of the estimated cost of such review with the City prior to the commencement of any work by the
technical consultant. Where the advance deposit(s) are insufficient to pay for the reasonable cost of such
review and/or testimony, the community development director shall invoice the applicant who shall pay the
invoice in full within ten calendar days after receipt of the invoice.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
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21.34.180 Changes in law.
All facilities shall meet the current standards and regulations of the FCC, the California Public Utilities
Commission, and any other agency of the federal or State government with the authority to regulate wireless
communications providers and/or wireless communications facilities. If such standards and/or regulations are
changed, the permittee and/or wireless communications provider shall bring its facilities into compliance with such
revised standards and regulations within ninety calendar days of the effective date of such standards and
regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency.
Failure to bring wireless communications facilities into compliance with such revised standards and regulations
shall constitute grounds for the immediate removal of such facilities at the permittee and/or wireless
communications provider's expense.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.190 Severability.
In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence,
clause, or phrase in this section unconstitutional, preempted, or otherwise invalid, the invalid portion shall be
severed from this section and shall not affect the validity of the remaining portions of this section. The City hereby
declares that it would have adopted each section, subsection, paragraph, sentence, clause, or phrases in this
section irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or
phrases in this section might be declared unconstitutional, preempted, or otherwise invalid.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
21.34.200 Definitions.
As used in this chapter, the following terms shall have the meaning set forth below, unless the context
clearly dictates a different meaning:
"Antenna" means a device or system of wires, poles, rods, dishes, discs or similar devices used for the
transmission and/or receipt of electromagnetic waves.
"Applicable FCC decisions" means the same as defined by California Government Code Section 65964.1(d)(1),
as may be amended, which defines that term as "In re Petition for Declaratory Ruling, 24 FCC Rcd. 13994 (2009)
and In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report
and Order, 29 FCC Rcd. 12865 (2014)."
"Applicable law" means all applicable federal, state and local law, ordinances, codes, rules, regulations and
orders, as the same may be amended from time to time.
"Base station" means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(1), as may be
amended, which defines that term as follows: a structure or equipment at a fixed location that enables FCC‐
licensed or authorized wireless communications between user equipment and a communications network. The
term does not encompass a tower as defined as in this chapter or in 47 C.F.R. Section 1.610040001(b)(9), or any
equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services
such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
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(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber‐optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems and small‐cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed
with the State or local government under 47 C.F.R. §1.610040001, supports or houses equipment
described in paragraphs (b)(1)(i)‐(ivii) of 47 C.F.R. §1.610040001 that has been reviewed and approved
under the applicable zoning or siting process, or under another State or local regulatory review
process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant application is filed with the State
or local government under 47 C.F.R. §1.610040001, does not support or house equipment described in
paragraphs (b)(1)(i)‐(ivii) of 47 C.F.R. Section 1.610040001.
"Carefully placed facility" means a facility that is situated in a location which renders a facility virtually
imperceptible to the public. As such, the emphasis for this category of stealth facility is on its location as opposed
to its design. Carefully placed facilities require no camouflaging or screening, in that existing site features (e.g.
buildings, walls, roof parapets, or existing equipment) render such a requirement unnecessary. Successful
examples of carefully placed facilities may include those proposed within an existing building (requiring no
alteration of existing materials), those sited on the roof of a particularly large or tall building, and those which are
flush mounted to an existing high voltage lattice tower and treated to match.
"Cell site" means a parcel of real property on which a wireless communications facility is to be located.
"CMC" means the Campbell Municipal Code.
"Collocation" means:
(a) Except as provided in subsection (b), "collocation" means the same as defined in the Nationwide
Programmatic Agreement for the Collocation of Wireless Antennas, 47 CFR pt. 1, App. B, and applicable
FCC decisions (including, but not limited to, In re Petition for Declaratory Ruling to Clarify Provisions of
Section 332(c)(7)(B), 24 FCC Rcd 13994 (2009)).
(b) Notwithstanding subsection (a), with respect to eligible facilities requests, "collocation" means the
same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(2), as may be amended, which defines
that term as "[t]he mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for communications
purposes." As an illustration and not a limitation, the FCC's definition effectively means "to add" new
equipment to an existing facility and does not necessarily refer to more than one wireless facility
installed at a single site.
"Communications" means any transmission, emission or reception of signals, images and sound or
information of any nature by wire, radio, visual or electromagnetic system that work on a "line‐of‐sight" principle.
"Community development director" or "director" means the community development director of the City of
Campbell or his or her designee.
"Community development department" means the community development department of the City of
Campbell.
"Completely integrated facility" means a facility that is incorporated into an existing structure or site in a
manner which does not result in a new feature being added. This stealth category may result in the removal of
existing siding, or materials to achieve RF transparency, provided that the replacement materials match, to the
extent feasible, the existing or abutting material. Where an equivalent material match cannot be adequately
demonstrated, a stealth facility could propose to completely remove and replace an existing material if doing so
serves to achieve a more cohesive design and does not disrupt the design of the building (e.g. the replacement of
all roof shingles, as opposed to simply removing/replacing a smaller impacted roof or wall section).
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"Concealed facility" means any wireless communications facility which results in new site or architectural
features being added to a property in a manner which complements, enhances, or seamlessly integrates into their
surroundings. Examples of concealed facilities include, but are not limited to the construction of new rooftop,
louver, chimney, silo, pole, railing, sign, window, parapets, dormers, steeples, penthouses, water towers, bell
towers, artificial trees, and flag poles.
"Deemed granted" or "deemed granted status" means a wireless communications facility for which the
applicant submitted an application in compliance with the procedures and requirements of this Chapter that was
not acted upon within a reasonable period of time in accordance with the time periods and procedures established
by applicable FCC decisions (accounting for tolling periods), and satisfied the requirements of CMC Section
21.34.120 (Failure to act and remedies), and as a result had its permit granted by operation of law in accordance
with federal and/or state law.
"Electromagnetic field (EMF)" means the local electric and magnetic fields that envelop the surrounding
space. The most ubiquitous source of electromagnetic fields is from the movement and consumption of electric
power, (e.g., transmission lines, household appliances and lighting).
"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(3), as
may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station, involving:
i. Collocation of new transmission equipment;
ii. Removal of transmission equipment; or
iii. Replacement of transmission equipment."
"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(4), as
may be amended, which defines that term as "[a]ny tower or base station as defined in [47 C.F.R. Section
1.610040001] provided that it is existing at the time the relevant application is filed with the State or local
government under [47 C.F.R. Section 1.610040001]."
"Existing" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(5), as may be amended,
which provides that "[a] constructed tower or base station is existing for purposes of the [FCC rules implementing
Section 6409 of the Spectrum Act, codified at 47 U.S.C. 1455] if it has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory review process, provided that a
tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was
lawfully constructed, is existing for purposes of this definition."
"FCC" means the Federal Communications Commission or any successor to that agency, which has primary
regulatory control over communications providers through its powers to control interstate commerce and to
provide a comprehensive national system in compliance with the Federal Communications Act.
"MPE" means maximum permissible exposure.
"Non‐commercial communication service" includes amateur (HAM) radio facilities licensed by the FCC, and
satellite dish antennas (see CMC Section 21.36.190 (Satellite dish antennas)) and when used for non‐commercial
exchange of messages, private recreation and emergency communication, except when associated with a wireless
communication facility.
"RF" means radio frequency.
"Section 6409(a)" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112‐96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.
"Significant gap" is a gap in the service provider's own wireless communications facilities, as defined in
federal case law interpretations of the Federal Telecommunications Act of 1996.
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"Service provider" means a wireless communications provider, a company or organization, or the agent of a
company or organization that provides wireless communications services.
"Site" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(6), as may be amended,
which provides in part that "[f]or towers other than towers in the public rights‐of‐way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements currently related to the
site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to
other transmission equipment already deployed on the ground."
"Stealth facility" means facilities which result in no perceptible visual impact. As such, stealth facilities are
generally preferable to concealed facilities except in rare circumstances when the concealment method serves to
improve the aesthetic value or interest to a building or site. There are two primary categories of stealth facilities,
those which are completely integrated into an existing structure or architectural feature and those which are
imperceptible as a result of careful placement. Both stealth categories require the facility to remain integrated or
imperceptible, even when the facility may be expanded upon under the provisions of an eligible facilities request.
"Substantial change" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(7), as may
be amended, which defines that term differently based on the particular facility type and location. For clarity, the
definition in this chapter organizes the FCC's criteria and thresholds for a substantial change according to the
facility type and location.
1. For towers outside the public right‐of‐way, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than ten percent or
the height of one additional antenna array not to exceed twenty feet (whichever is greater); or
b. The proposed collocation or modification involves adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the
width of the tower structure at the level of the appurtenance (whichever is greater); or
c. The proposed collocation or modification involves the installation of more than the standard
number of equipment cabinets for the technology involved, not to exceed four cabinets; or
d. The proposed collocation or modification involves excavation outside the current boundaries of
the leased or owned property surrounding the wireless tower, including any access or utility
easements currently related to the site.
2. For towers in the public rights‐of‐way and for all base stations, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than ten percent or
ten feet (whichever is greater); or
b. The proposed collocation or modification involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six feet; or
c. The proposed collocation or modification involves the installation of more than the standard
number of equipment cabinets for the technology involved, not to exceed four cabinets; or
d. The proposed collocation or modification involves the installation of any new equipment cabinets
on the ground when there are no pre‐existing ground cabinets associated with the structure; or
e. The proposed collocation or modification involves the installation of any ground cabinets that are
more than ten percent larger in height or overall volume than any other ground cabinets
associated with the structure; or
f. The proposed collocation or modification involves excavation outside the area in proximity to the
structure and other transmission equipment already deployed on the ground.
3. In addition, for all towers and base stations wherever located, a substantial change occurs when:
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a. The proposed collocation or modification would defeat the existing concealment elements of the
support structure as determined by the community development director; or
b. The proposed collocation or modification violates a prior condition of approval, provided
however that the collocation need not comply with any prior condition of approval related to
height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a
substantial change described in this section.
4. Interpretation of Thresholds.
a. The thresholds for a substantial change described above are disjunctive. The failure to meet any
one or more of the applicable thresholds means that a substantial change would occur.
b. The thresholds for height increases are cumulative limits. For sites with horizontally separated
deployments, the cumulative limit is measured from the originally‐permitted support structure
without regard to any increases in size due to wireless equipment not included in the original
design. For sites with vertically separated deployments, the cumulative limit is measured from
the permitted site dimensions as they existed on February 22, 2012—the date that Congress
passed Section 6409(a).
"Support Structure" or "Support Structures" means a structure or structures designed to support antenna(s)
or other wireless transmission equipment to facilitate the transmitting and/or receiving of radio frequency signals.
Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other
like structures used to support wireless transmission devices.
"Temporary wireless communications facility" means a wireless communications facility located on a parcel
of land and consisting of a vehicle‐mounted facility, a building mounted antenna, or a similar facility, and
associated equipment, that is used to provide temporary coverage for a large‐scale event or an emergency, or to
provide temporary replacement coverage due to the removal of an existing permitted, permanent wireless
communications facility necessitated by the demolition or major alteration of a nearby property.
"Tower" means the same as defined by the FCC in 47 C.F.R. Section 1.610040001(b)(9), as may be amended,
which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]‐ licensed
or authorized antennas and their associated facilities, including structures that are constructed for wireless
communications services including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Examples include, but are not limited to, monopoles, mono‐trees and lattice towers.
"Transmission equipment" or "wireless transmission equipment" means the same as defined by the FCC in 47
C.F.R. Section 1.610040001(b)(8), as may be amended, which defines that term as "equipment that facilitates
transmission for any [FCC]‐licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber‐optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul."
"Visual impact" means the placement or design of a wireless communications facility such that it may be
noticed by a person of average height when standing on the ground of a street, sidewalk or private property.
"Wireless communications facility" means a land use facility supporting antennas that sends and/or receives
radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice,
data, images or other information, including, but not limited to, cellular and/or digital telephone service, personal
communications services, and paging services. Wireless communications facilities include antennas and all other
types of equipment for the transmission or receipt of the signals; towers or similar structures built to support the
equipment; equipment cabinets, base stations, generators, cables, conduit, and other accessory development and
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support features; and screening and concealment elements. Also referred to as a "communication facility" or
"facility".
"Wireless communications provider" means any company or organization that provides or who represents a
company or organization that provides wireless communications services.
(Ord. No. 2226, § 5(Exh. A‐1), 9‐19‐2017)
Title 21 - ZONING
Chapter 21.36 PROVISIONS APPLYING TO SPECIAL USES
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:04 [EST]
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Chapter 21.36 PROVISIONS APPLYING TO SPECIAL USES
21.36.010 Purpose.
This chapter is intended to include regulations for special, unique, or newly created uses which may be
allowed in one, several, or all zoning districts.
(Ord. 2043 § 1(part), 2004).
21.36.020 Accessory structures.
This section provides standards for accessory structures that are physically detached from, and subordinate
to, the main structure on the site. The standards contained in this section pertain to all properties except when
otherwise provided for by a development agreement, overlay district, area plan, neighborhood plan, or specific
plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping quarters or kitchen
facilities. The number of allowed plumbing fixtures shall be limited to two fixtures and may only
include a toilet, sink, hot water heater or washing machine connection. The Ccommunity Ddevelopment Ddirector shall require the recordation of a deed restriction stating that the structure
will not be used as a dwelling unit. An accessory dwelling unit may be approved in compliance with
Chapter 21.23 (Accessory Dwelling Units).
B. Allowed accessory structures. Accessory structures, including detached garages and carports, may be
allowed in compliance with the following standards:
1. Accessory structures shall not exceed one story or fourteen feet in height;
2. Accessory structures shall be located on the rear half of the lot;
3. Accessory structures shall be located to the rear or side of the main structure. If located to the
rear of the main structure, a minimum separation of ten feet shall be required. If located to the
side of the main structure, a minimum separation of five feet shall be required. The separation
requirements between an accessory dwelling unit and an accessory structure are provided in
Chapter 21.23 (Accessory dwelling units);
4. Accessory structures shall meet all setback requirements for main structures of the applicable
zoning district in which they are located;
5. No accessory structure shall exceed one thousand square feet. If there is more than one
accessory structure on a lot, one accessory structure shall be allowed up to 1,000 square feet and
every one subsequent to that shall not exceed two hundred square feet;
6. When there is more than one accessory structure on a lot, there shall be a minimum separation
of ten feet between each accessory structure;
7. An accessory structure shall be considered detached if they do not share a common interior wall
with the main structure.
C. Design criteria. Accessory structures that exceed one hundred twenty square feet in area must be
architecturally compatible with the main structure in terms of design, color and materials, as
determined by the Ccommunity Ddevelopment Ddirector.
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(Ord. 2043 § 1(part), 2004).
(Ord. No. 2216, § 8, 12-12-2016; Ord. No. 2225, § 13, 8-15-2017; Ord. No. 2252 , § 21, 11-19-2019)
21.36.030 Reserved.
Ord. No. 2270 , § 15, adopted March 16, 2021, repealed § 21.36.030, which pertained to Beer and wine festivals
and derived from Ord. 2043 § 1(part), 2004; Ord. 1706 § l (part), 1988.
21.36.040 Caretaker or employee housing.
This section provides requirements for the establishment of caretaker or employee housing in zoning;
districts where they are allowed subject to the standards provided below.
A. The principal use of the property shall be an approved conforming use.
B. Caretaker/employee housing shall be occupied by the caretaker/employee, for the purpose of security
for the allowed business or for the purpose of 24-hour healthcare, guardian, or other similar attendant
services.
C. The caretaker or employee housing unit shall not exceed 640 square feet in area and the unit shall
contain no more than one bedroom.
D. The architectural design of the housing unit shall integrated into and be compatible with the
architectural design of the building.
(Ord. 2043 § 1(part), 2004).
21.36.050 Reserved.
Ord. No. 2270 , § 23, adopted March 16, 2021, repealed § 21.36.050, which pertained to Cargo storage containers
and derived from Ord. 2043 § 1 (part), 2004.
21.36.060 Child care facilities.
This section establishes standards for the provisions of child care facilities in zoning districts where they are
allowed in compliance with the provisions of Article 2 (Zoning Districts).
A. Applicable State law and licensing requirements. Child care facilities shall be in compliance with State
law and in a manner that recognizes the needs of child care operators and minimizes the effects on surrounding properties. These standards apply in addition to other provisions of this Zoning Code and
requirements imposed by the California Department of Social Services. Licensing by the Department of
Social Services is required for child care facilities.
B. Types. Child care facilities include the following types:
1. Small family child care homes (eight or fewer children). Allowed within a single-family residence in zoning districts determined by Article 2 (Zoning Districts). Except for a clearance from the fire
department, no city land use permits or clearances are required;
2. Large family child care homes (nine to 14 children). Allowed within a single-family residence in
zoning districts determined by Article 2 (Zoning Districts). Except for a clearance from the fire
department, no city land use permits or clearances are required in compliance with the standards
of Section 21.36.070 (Large Family Child Care Homes), below; and
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3. Commercial child care centers (15 or more children). Allowed in the zoning districts determined
by Article 2 (Zoning Districts), and the standards in Section 21.36.080 (Commercial Child Care
Centers), below.
(Ord. 2043 § 1(part), 2004).
21.36.070 Reserved.
21.36.070 Large family child care homes.
A. Purpose. This section is designed to provide for, and to regulate the establishment of large family child care
homes in residential zoning districts. The purpose of permitting large family child care homes is to allow the
establishment of child care facilities in normal residential surroundings to meet the child care needs of
individuals and families, while preserving the integrity of the residential neighborhood.
B. Conditional use permit. A conditional use permit shall be required for all large family child care homes in
compliance with Chapter 21.46 (Conditional Use Permits).
C. Size. "Large family child care home" means a home that provides family child care for nine to 14 children,
inclusive, including children who reside at the home, as defined by State regulation. A large family child care
facility shall meet all State requirements as specified in the Health and Safety Code.
D. Development standards. Except as specifically allowed in this section, the premises on which the large family
child care home is located shall comply with all regulations and restrictions applicable to the zoning district in
which it is located.
1. Parking and loading.
a. A safe and acceptable means of drop-off and pick-up shall be provided. The location of the home
and the on-site improvement shall provide reasonable vehicular and pedestrian circulation.
b. A large family child care home shall require a minimum provision of three parking spaces in
addition to those required for a residential use as set forth in Section 21.28.040 (Number of
Parking Spaces Required). These three spaces shall be situated to have access to a public right-of-
way without passing over another parking space.
2. Noise.
a. Regardless of decibel level, and taking into consideration the noise levels generated by children,
no noise generated from the day care use shall unreasonably offend the senses or obstruct the
free use of neigh-boring properties so as to unreasonably interfere with the comfortable
enjoyment of the adjoining properties.
b. Mitigation measures may be required to minimize noise impacts (e.g., approved location of
outside play areas, the provision of sound attenuation barriers, etc.).
c. In order to protect residents of adjacent residential dwellings from noise impacts, a facility within
a residential zoning district may only operate up to 14 hours for each day between the hours of
6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m.
and 7:00 p.m.
3. State Fire Marshal. The proposed day care home shall comply with all applicable regulations adopted
by the State Fire Marshal.
4. Overconcentration. A large family child care home shall not be located within 300 feet of another
existing commercial day care center or large family child care home unless an exception is granted by
the planning commission. The planning commission, in granting an exception, shall find that the
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proposed concentration will not be detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of the proposed use.
5. Traditional family environment. The development shall be designed so that normal residential
surroundings are preserved and the integrity of the residential neighborhood is preserved.
a. The facility is the principle residence of the provider and the use is clearly incidental and
secondary to the use of the property for residential purposes.
b. No structural changes are proposed which will alter the character of the single-family residence.
c. The fact that a home is used as a large family child care home shall not, in and of itself, be
construed to constitute a departure from the integrity of the residential neighborhood.
6. Square footage. The large family child care home shall provide adequate indoor living space and
outdoor open space to meet the needs of the children.
7. Play areas. Play areas shall be enclosed by a minimum of a six-foot-high fence.
8. Signs. A large family child care home shall not be allowed the use of any signs.
E. Appeals. Appeals shall be in compliance with Chapter 21.62 (Appeals). In all appeals, the standards set forth
in Subsection (D) of this section shall govern.
F. Mandatory requirements. It shall be a mandatory requirement for owner and/or operator of a large family
child care home to fully comply with the requirements of this section, and to maintain the home in
conformance with the standards set forth in Subsection D of this section. Failure to comply with this section shall be punishable in compliance with Chapter 21.70 (Enforcement).
21.36.080 Commercial child care centers.
The following standards for commercial child care centers shall apply, in addition to those standards
provided for "Large family child care homes" in Section 21.36.070, above.
A. Parcel size. The minimum parcel size for a commercial child care center shall be 10,000 square feet.
B. Play areas. The center shall provide play areas as follows:
1. Indoor play areas. Indoor play areas shall be in compliance with State requirements requiring 35
square feet of unencumbered indoor space per child; and
2. Outdoor play areas. Outdoor play areas shall be in compliance with State requirements requiring
75 square feet of unencumbered outdoor space per child and shall be enclosed by a six-foot high
fence or wall.
C. Hours of operation. Unless approved to operate for 24 hours, hours of operation shall be confined to
between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24
hours or more.
D. Signs. One sign shall be allowed in compliance with Chapter 21.30 (Signs).
E. Off-street parking. Off-street parking shall be provided in compliance with Chapter 21.28 (Parking and
Loading), plus additional surface area shall be provided that is of sufficient size to accommodate off-
street loading/unloading. The area used for parking shall not be used for both parking and as a play
area at the same time.
F. Other requirements. The facilities may also be subject to other requirements (e.g., California Health
and Safety Code, the California Administrative Code, State Fire Marshall, and the Uniform Building
Code).
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G. Noise.
a. Regardless of decibel level, and taking into consideration the noise levels generated by children,
no noise generated from the commercial child care use shall unreasonably offend the senses or
obstruct the free use of neighboring properties so as to unreasonably interfere with the
comfortable enjoyment of the adjoining properties.
b. Mitigation measures may be required to minimize noise impacts (e.g., approved location of
outside play areas, the provision of sound attenuation barriers, etc.).
c. In order to protect residents of adjacent residential dwellings from noise impacts, a facility within
a residential zoning district may only operate up to 14 hours for each day between the hours of
6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m.
and 7:00 p.m.
H. Traditional family environment. The development shall be designed so that normal residential
surroundings are preserved and the integrity of the residential neighborhood is preserved.
a. The facility is the principle residence of the provider and the use is clearly incidental and
secondary to the use of the property for residential purposes.
b. No structural changes are proposed which will alter the character of the single-family residence.
c. The fact that a home is used as a commercial child care center shall not, in and of itself, be construed to constitute a departure from the integrity of the residential neighborhood.
(Ord. 2043 § 1(part), 2004).
21.36.085 Emergency shelters.
A. Purpose. This section provides provisions for the establishment and operation of emergency shelters where
they are allowed in compliance with the provisions of Article 2 (Zoning Districts).
B. Locational Criteria. Emergency shelters shall be a Permitted Use in that portion of the M-1 (Light Industrial)
Zoning District located west of Highway 17. Emergency shelters require approval of a conditional use permit
in the M-1 (Light Industrial) Zoning District east of Highway 17 and north of San Tomas Expressway and
Camden Avenue, the C-M (Controlled Manufacturing) Zoning District, the C-1 (Neighborhood Commercial)
Zoning District, and the C-2 (General Commercial) Zoning District.
BC. Development Standards: The shelter shall conform to all development standards of the zoning district.
CD. Operational Standards:
1. Maximum number of beds. The maximum number of beds shall be limited to the number of homeless
persons in the City of Campbell based upon the most current homeless count for the City of Campbell
at the time a request is made for the establishment of a homeless shelter or 50 beds, whichever is
greater. The current homeless count shall be based upon the current Santa Clara County Homeless
Census and Survey.
2. On-site parking. The shelter shall provide for one parking space for each three beds.
2.3. Waiting and intake area. The exterior and/or interior client waiting and intake area shall be sufficient in
size to accommodate all persons waiting to be admitted to the facility. If an exterior client waiting and
intake area is proposed, it shall be screened from the public right-of-way.
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3.4. Length of stay. Residents may stay for thirty days. Extensions up to a total of one hundred eighty days
may be provided by the on-site manager if no alternative housing is available.
4.5. Lighting. The shelter shall have adequate outdoor lighting for security purposes.
5.6. Management and Operation Plan. A Management and Operation Plan shall be submitted by the
operator of the emergency shelter for review and approval by the Director of Community Development
and Chief of Police prior to establishment of the use. The plan shall be approved if it sets forth the
following:
a. The plan specifies that the shelter shall provide twenty-four-hour, professional on-site
management;
b. The plan sets forth management experience of all staff; a procedure for responsiveness to
neighborhood issues; transportation services that are provided; client supervision policies; client
services provided; and food services provided;
c. The plan includes a floor plan that demonstrates compliance with the physical standards of this
section;
d. The plan sets forth a security plan that shall be provided as part of the Management and
Operation Plan. On-site security patrol and security devices, including security cameras, shall be
provided at all times. The location, type and number of security devices shall allow for clear
visibility of all exterior and interior portions of the emergency shelter.
e. The plan sets forth the maximum number of beds and persons to be served by the emergency
shelter, the number of parking spaces to be provided, the size and location of the waiting and
intake area, the length of stay of residents, the lighting plan, and the security measures and plan,
and the policies governing the management and operation of the emergency shelter, in
compliance with the provisions of this section.
f. The operator of the emergency shelter shall submit an annual statement on or before each
anniversary of the approval of occupancy of the shelter demonstrating that the facility is
operating in compliance with the approved management plan, or shall submit an updated
management plan, for review and approval by the Director of Community Development and
Chief of Police, in accordance with this subsection, that reflects any changes from the approved
version.
(Ord. No. 2182, § 3(Exh. C), 10-7-2014)
21.36.090 Garage and private yard sales.
This section provides locational and operational standards for the establishment of garage and private yard
sales, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and standards:
A. No more than five garage and private yard sales are allowed in any calendar year, not including
participation in the citywide community garage sale;
B. No garage and private yard sales can be conducted for more than three consecutive days; and
C. No garage and private yard sales shall be conducted in the public right-of-way or in the rear or side
yard of the property.
(Ord. 2043 § 1(part), 2004).
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21.36.095 Health and fitness centers/studios.
A. Purpose. This section is designed to provide for and to regulate the establishment of health and fitness
center and studio (small and large) uses where they are allowed in compliance with the provisions of Article
2 (Zoning Districts).
B. Conditional Use Permit. A conditional use permit shall be required for health and fitness center and studio
(small and large) uses in compliance with Chapter 21.46 (Conditional Use Permits).
B.C. Conditional use Land use permits shall expire no later than five years from the date of approval for health
and fitness center and studio (small and large) uses in the LIM-1 (Light Industrial) and RDC-M (Research and
DevelopmentControlled Manufacturing) Zoning Districts. Notwithstanding the time limitations for the
conditional use permit, nothing within this section shall prohibit the owner or authorized representative to
re-apply for additional time limited approvals.
C.D. Development Standards. Except as specifically allowed in this section, the premises on which a health and
fitness center or studio (small and large) use is located shall comply with the regulations and restrictions
applicable to the zoning district in which it is located.
1. Parking and Loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons
using the health and fitness center use shall be provided.
2. Circulation. The location of the health and fitness center or studio (small and large) use and the on-site
improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision-
making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the
public right-of-way.
3. Hours of Operation. The decision-making body through the discretionary review process shall
determine the allowable hours of operation of a health and fitness center or studio (small and large)
use.
4. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by health
and fitness center and studio (small and large) uses, noise generated from a health and fitness center
or studio (small and large) use shall not unreasonably offend the senses or obstruct the free use and
comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize
noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation
barriers, etc.).
5. Overconcentration. A health and fitness center or studio (small and large) use within the LIM-1 (Light
Industrial) and RDC-M (Research and DevelopmentControlled Manufacturing) Zoning Districts shall not
be located within three hundred feet of another existing public assembly, studio (small and large), or
health and fitness center use unless the decision-making body grants an exception. The decision-
making body, in granting an exception, shall find that the proposed concentration will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of the proposed use.
6. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs).
(Ord. 2101 § 1(part), 2008).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
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21.36.100 Hobby car restoration.
This section provides locational and operational standards for the establishment of hobby car restoration, in
compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and standards:
A. Hobby car restoration work shall not be conducted in the public right-of-way or in the front, side or
rear yard of the property;
B. Hobby car restoration work shall be conducted within an approved enclosed structure on the property;
C. Parts, supplies, and equipment shall be stored within an approved enclosed structure on the property;
D. No more than three vehicles for hobby car restoration may be on the property at any given time;
E. The owner and/or occupant of the property shall own the vehicles being restored as a hobby;
F. Fluids shall be disposed of in an approved manner;
G. Painting shall not be conducted on the property unless approved by the Santa Clara County Fire
Department and the Bay Area Air Quality Management District;
H. Sound, noise, vibrations, pedestrian, or vehicle traffic shall not be in excess of those normal to a
residential use; and
I. Hours of work are limited to 8 a.m. to 9 p.m.
(Ord. 2043 § 1(part), 2004).
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.C (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.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2196, § 13, 2-2-2016; Ord. No. 2213, § 19, 11-1-2016)
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21.36.115 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.C (Master use
permit):
A. Over concentration of uses. The establishment will not result in an over concentration of these uses in
the surrounding area;
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood;
D. Not increase demand on services. The establishment will not significantly increase the demand on city
services; and
E. Downtown Alcohol Beverage Policy. The establishment would be consistent with the Downtown Alcohol Beverage Policy, when applicable.
21.36.120 Live/Work units.
A. Purpose. This section provides standards for the development of new live/work units and for the reuse of
existing commercial and industrial structures to accommodate live/work opportunities. Live/work units are
intended to be occupied by business operators who live in the same structure that contains the business
activity. A live/work unit is intended to function predominantly as workspace with incidental residential
accommodations that meet basic habitability requirements.
B. Applicability. The provisions of this section shall apply to live/work units where allowed in compliance with
Article 2 (Zoning Districts) and the following criteria and standards.
C. Limitations on use. A live/work unit shall not be established or used in conjunction with any of the following
activities:
1. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational
vehicles), vehicle detailing and painting, upholstery, etc.);
2. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential
use;
3. Other activities or uses, not compatible with residential activities and/or that have the possibility of
affecting the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials,
processes, products, or wastes.
D. Allowable density. One live/work unit shall be allowed for each 2,000 square feet of parcel area.
E. Development standards.
1. Floor area requirements. The minimum floor area of a live/work space shall be 1,000 square feet. All
floor area other than that reserved for living space shall be reserved and regularly used for working and
display space.
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2. Street frontage treatment. Each live/work unit fronting a public street at the ground floor level shall
have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential areas of
the structure. The first 50 feet of the floor area depth at the street-level frontage shall be limited to
display and sales activity.
3. Access to units. Where more than one live/work unit is proposed within a single structure, each
live/work unit shall be separated from other live/work units and other uses in the structure. Access to
each unit shall be clearly identified to provide for emergency services.
4. Integral layout.
a. The living space within the live/work unit shall be contiguous with, and an integral part of the
working/business space, with direct access between the two areas, and not as a separate stand-
alone dwelling unit.
b. The residential component shall not have a separate street address from the business
component.
5. Parking. Each live/work unit shall be provided with at least three off-street parking spaces. The decision
making body may modify this requirement for the use of existing structures with limited parking.
F. Operating standards.
1. Occupancy. A live/work unit shall be occupied and used only by a business operator, or a household of
which at least one member shall be the business operator.
2. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold.
3. Notice to occupants. The owner or developer of any structure containing live/work units shall provide
written notice to all live/work occupants and users that the surrounding area may be subject to levels
of dust, fumes, noise, or other impacts associated with commercial and industrial uses at higher levels
than would be expected in more typical residential areas. Noise and other standards shall be those
applicable to commercial or industrial properties in the applicable zoning district.
4. On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit;
provided, the retail sales activity shall be incidental to the primary production work within the unit.
These provisions shall allow open-studio programs and gallery shows.
5. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the
unit, unless this employment is prohibited or limited by the decision making body. The employment of
any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building
Code (UBC) requirements.
G. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or
entirely business use unless authorized through conditional use permit approval.
H. Required findings. The approval of a conditional use permit for a live/work unit shall require that the decision
making body first make all of the following findings, in addition to those findings required for conditional use
permit approval:
1. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in
the area where the project is proposed;
2. The structure containing live/work units and each live/work unit within the structure has been
designed to ensure that they will function predominantly as work spaces with incidental residential
accommodations meeting basic habitability requirements in compliance with applicable regulations;
and
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3. Any changes proposed to the exterior appearance of an existing structure will be compatible with
adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial
uses.
(Ord. 2043 § 1(part), 2004).
21.36.130 Reserved. Mixed-use development.
This section provides development and operational standards for the establishment of mixed-use
developments. For the purpose of this section, mixed-use projects are developments that combine both
commercial retail/office and residential uses or structures on a single parcel, or as components of a single
development.
A. Mix of uses. A mixed-use project shall only combine residential uses with commercial/office uses.
Mixed-use projects that provide commercial and/or office space on the ground floor with residential
units above (vertical mix) are encouraged over projects that provide commercial structures on the
front portion of the lot with residential uses placed at the rear of the lot (horizontal mix).
B. Development standards.
1. Density. The allowable density of a mixed-use project shall be as allowed in the underlying General Plan land use designation and any bonuses that may be approved by the city.
2. Parking. Parking shall be provided in compliance with Chapter 21.28, (Parking and Loading)
3. Floor area ratio. Residential uses shall be encouraged by not counting the FAR of the residential
units toward the allowable FAR of the project.
4. Open space. The decision-making body may approve a reduction in the required open space for the residential component of mixed-use developments when it finds that all reasonable attempts
to fulfill such requirement have been exhausted and the open space is not able to be
accommodated due to the urban infill characteristic of the development site.
C. Building design.
1. Design standards. A mixed-use project shall be designed and constructed to:
a. Be compatible with and complement adjacent land uses;
b. Maintain the scale and character of development in the immediate neighborhood;
c. Mitigate glare, light, noise, traffic, and other potential environmental impacts to the
maximum extent feasible.
2. Consistent style and use of materials. The architectural style and use of materials shall be
consistent throughout the entire project. Differences in materials and/or architectural details
shall only occur where the intent is to differentiate between the residential scale and character
of the structure and the commercial scale and character.
(Ord. 2043 § 1 (part), 2004).
(Ord. No. 2149, § 1(Exh. A), 6-7-2011)
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21.36.140 Motor vehicle repair facilities.
This section provides locational and operational standards for the establishment of motor vehicle repair
facilities, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and
standards.
A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and
egress, and safe and unimpeded on-site circulation.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the
surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor
vehicle repair facility, excluding the front yard setback area, those locations approved for ingress
and egress, and areas adjoining a street, other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any public street or highway, or adjoining properties, by a six-foot high decorative masonry
wall or other opaque material approved by the Ccommunity Ddevelopment Ddirector.
F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a vehicle sales
lot).
H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially
zoned or occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and
Saturdays, and before ten a.m. and after seven p.m. on Sundays and nationally recognized holidays.
I. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a
residential development or zoning district.
J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.36.150 Outdoor seating.
This section provides standards for the provision of outdoor seating/dining areas on private property where
they are allowed in compliance with the provisions of Article 2 (Zoning Districts).
A. Applicability. Outdoor seating/dining areas shall be allowed in the C-1 (Neighborhood Commercial), C-2
(General Commercial), and P-D (Planned Development) zoning districts. These provisions are not
applicable to outdoor seating in the CBDC-3 (Central Business District) zoning district. See Section
21.10.060(H), (Standards and permit requirements for outdoor seating and merchandise display within
the public right-of-way).
B. Permit requirements. Outdoor seating shall be allowed subject to approval of a zoning clearance by the
community development director in compliance with Chapter 21.40, (Zoning Clearances). The number
of outdoor seats that may be approved by the community development director shall be a maximum of
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twelve seats. If the outdoor seating exceeds twelve seats, a conditional use permit shall be required in
compliance with Chapter 21.46, (Conditional Use Permits).
C. Application requirements. Application for a zoning clearance for outdoor seating shall be filed with the
community development department. The application shall be accompanied by a plan set, drawn to
scale, depicting seating area dimensions and the location of tables, seating, and fence/landscape
buffers, together with other information and exhibits as required by the community development
director.
BD. General standards.
1. Buffer. The outdoor seating area shall be surrounded by a fence, landscape planters, or similar
appropriate barrier as necessary to buffer the seating area from the adjoining outdoor uses. The
fence, landscape planters, or other approved barrier shall be maintained in good appearance,
function and vitality.
2. Noise. Noise generated from an outdoor dining and seating area (e.g., amplified music) shall not
unreasonably offend the senses or interfere with the comfortable enjoyment of the adjoining
properties and shall comply with the noise standards in Section 21.16.070, (Noise).
3. Litter control. The permit holder is responsible for picking up litter associated with the outdoor
seating or display and shall maintain the area in a clean condition at all times.
4. Location of seating. Outdoor seating shall be located as indicated in the approved application and accompanying plans and shall not be placed within the area of disabled ramps, driveways,
doorways or the public right-of-way.
5. Quality. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall
be of a commercial grade and uniform design.
6. Securing of tables, seating, and associated umbrellas. Tables, chairs, and associated umbrellas shall be secured so as not to be moved by the wind. However, they may not be bolted into the
ground or secured to outdoor lights, trees, a building, or other furniture or objects.
7. Umbrella canopies. The canopies of umbrellas associated with outdoor tables shall provide a
minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the
outside edge of the table, and shall not extend into walkways.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.36.160 Outdoor storage.
This section provides development and operational standards for the establishment of outdoor storage
areas, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards.
A. Screening required. Outdoor storage areas shall be entirely enclosed and screened with a solid sight-
obscuring wall not less than six feet, or more than eight feet, in height. The enclosure shall be of a type
and design approved by the Ccommunity Ddevelopment Ddirector. The wall shall include sight-
obscuring gates. The wall and gate(s) shall be landscaped and continuously maintained in good repair.
B. Height of materials. Material shall not be stored above the height of the screen wall.
C. Site operations. Site operations in conjunction with outdoor storage, including the loading and
unloading of materials and equipment, shall be conducted entirely within a walled area.
D. Incidental or primary use. Incidental outdoor storage shall be allowed, subject to the above standards.
Outdoor storage that is a primary land use shall be subject to the applicable permitting requirements
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identified in Article 2, (Zoning Districts), and the above standards. Outdoor storage shall not be allowed
within fifty feet of a residentially zoned property.
(Ord. 2043 § 1 (part), 2004).
21.36.170 Public assembly uses.
A. Purpose. This section is designed to provide for and to regulate the establishment of public assembly uses
where they are allowed in compliance with the provisions of Article 2 (Zoning Districts).
B. Conditional Use Permit. A conditional use permit shall be required for public assembly uses in compliance
with Chapter 21.46 (Conditional Use Permits).
BC. LandConditional use permits shall expire no later than five years from the date of approval for public
assembly uses in the LIM-1 (Light Industrial) Zoning District. Notwithstanding the time limitations for the
conditional use permit, nothing within this section shall prohibit the owner or authorized representative to
re-apply for additional time limited approvals.
CD. Development Standards. Except as specifically allowed in this section, the premises on which a public
assembly use is located shall comply with the regulations and restrictions applicable to the zoning district in
which it is located.
1. Location. A public assembly use shall be located on a collector street or arterial street as designated in
the city's General Plan.
2. Parking and Loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking
and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons
using the public assembly facility shall be provided.
3. Circulation. The location of the public assembly use and the on-site improvements shall provide for
safe and efficient vehicular and pedestrian circulation. The decision-making body may require the
presence of one or more parking attendants and/or police officers to ensure the safe operation of
parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way.
4. Hours of Operation. The decision-making body through the discretionary review process shall
determine the allowable hours of operation of a public assembly use.
5. Noise. Regardless of decibel level and taking into consideration the noise levels generated by public
assembly uses, noise generated from a public assembly use shall not unreasonably offend the senses or
obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may
be required to minimize noise impacts (e.g., approved location of parking and loading areas, the
provision of sound attenuation barriers, etc.).
6. Overconcentration. A public assembly use shall not be located within three hundred feet of another
existing public assembly use or health and fitness center use unless the decision-making body grants an
exception. The decision-making body, in granting an exception, shall find that the proposed
concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare
of persons residing or working in the neighborhood of the proposed use.
7. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs).
(Ord. 2101 § 1(part), 2008: Ord. 2043 § 1(part), 2004).
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21.36.180 Residential care facilities.
This section provides development and operational standards for the establishment of residential care
facilities, in compliance with Article 2 (Zoning Districts) subject to the following criteria and standards.
A. Purpose. This chapter is intended to regulate residential care facilities with seven or more residents in
addition to the caregiver. Residential care facilities serving six or fewer residents, in addition to the
caregiver, are allowed in all zoning districts that permit single-family residences and shall not be
required to meet any requirement of this section.
B. Residential Care Facilities Criteria. When the proposed use meets the requirements of this section and
all the following criteria, residential care facilities serving seven or more residents in addition to the
caregiver may be allowed in compliance with Article 2 (Zoning Districts).
1. There shall be no other residential care facilities of any size within five hundred feet of the
subject property, measured from property boundary line to property boundary line, of another
existing residential care facility or a facility for wards of the juvenile court. The Ccommunity
Ddevelopment Ddirector may require, as a reasonable condition of approval, that the facility be
located farther than five hundred feet from the nearest similar facility, up to a distance of one
mile.
2. Residential occupancy of residential care facilities for the elderly, other than by the caregiver and
the immediate family, shall be limited to single persons over sixty years old or to married couples
of which one spouse is over sixty years old, who are provided varying levels and intensities of
care and supervision and personal care, and who have voluntarily chosen to reside in this type of
group housing arrangement.
3. The proposed use shall be licensed by the State and shall be conducted in a manner that
complies with applicable provisions of the California Health and Safety Code for this kind of
occupancy. If the State license is suspended or revoked, the conditional use permit may also be
suspended or revoked.
4. Facilities with persons in excess of 60 years of age or with physical disablements shall be
specifically designed and adapted to include safety bars and rails in bedrooms and bathrooms,
ramps, and other provisions required for elderly or disabled persons by State law or Federal
regulations. In addition, facilities shall include a common dining area as well as adequate
common living areas and amenities to facilitate program activities.
5. The use shall be specifically designed and maintained to have a residential appearance as
determined by review of the Ccommunity Ddevelopment Ddirector and be compatible with the
architectural character of the zoning district. In residential zoning districts, signs and any other
"non-residential" features visible from the public right-of-way shall not be allowed.
6. The facility shall be reviewed annually by the Ccommunity Ddevelopment Ddirector to verify
licensing, compliance with State standards, and compliance with the conditional use permit
conditions. Community development department staff shall be entitled to enter the premises of
the facility to conduct a review.
D. Density standards. Residential care shall have a total floor area that averages at least 350 square feet
of floor area per resident, excluding parking. Where existing structural constraints preclude meeting
this requirement, additional floor area to meet this requirement may be achieved through covered
patios and decks.
E. Revocation of zoning permit. A conditional use permit for a residential care facility may be revoked at
any time by the City Council, in compliance with Chapter 21.68. (Revocations and Modifications),
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provided that the City Council finds that the presence of the facility at its present location has resulted
in the surrounding neighborhood sustaining a disproportionate and unreasonable level of vandalism,
violence, or other acts of disruption.
F. Open space requirements.
1. Residential care facilities shall provide a minimum of one hundred square feet of common
outdoor usable open space area per resident and live-in caregiver.
2. Open space areas to be counted toward the requirements of this section shall have a minimum
dimension of not less than ten feet in any direction and be easily accessible to all residents.
3. Outdoor areas shall be designed to provide amenities and recreational areas compatible with the
needs of the residents, including pathways and sitting areas, flower and vegetable gardens,
shufflebBoard courts, putting greens, and similar active recreation areas.
4. The proposed improvement of required open space shall be designated on the plans submitted
with the application, and shall be considered a part of the conditional use permit.
G. Off-street parking.
1. Buildings constructed as residential care facilities serving from seven to fifteen residents shall be
required to provide one parking space for each five residents, in addition to one parking space for
each live-in caregiver. At least two of the parking spaces shall be covered.
2. Buildings constructed as residential care facilities serving more than fifteen residents shall be required to provide one parking space for each five residents in addition to one parking space for
each caregiver, employee, or doctor on-site at any one time.
3. Existing single-family residences to be converted into residential care facilities shall maintain
required covered parking. Additional parking to meet the requirement of Subsection (1) or (2)
above may be enclosed or uncovered.
H. Development standards.
1. Residential care facilities shall provide a six-foot high solid fence or decorative block wall along all
property lines, except in the front yard. Walls shall provide for safety with controlled points of
entry.
2. Quality of landscaping shall be consistent with that prevailing in the neighborhood and shall be
regularly maintained, including providing irrigation.
3. On-site lighting shall be stationary and shall be directed away from adjacent properties and
public rights-of-way.
4. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
5. Indoor furniture shall not be allowed outdoors.
(Ord. 2043 § 1(part), 2004).
21.36.190 Satellite dish antennas.
Satellite dish antennas of greater than three feet in diameter may be allowed in any zoning district subject to
the following criteria and standards.
A. Residential zoning districts. Dish antennas to be erected in any residential zoning district shall conform
to the following regulations:
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1. Shall not be visible from a public or private street, unless adequately screened by landscaping
and/or materials that harmonize with the elements and characteristics of the property;
2. Shall not be located in any front yard or any yard adjacent to a public or private street;
3. The maximum height shall be 14 feet;
4. Shall be set back from the property line a distance equal to the height of the antenna; and
5. Shall not be located in parking or driveway areas.
B. Nonresidential zoning districts. Dish antennas to be erected in any nonresidential zoning district shall
conform to the following regulations:
1. Shall not be located in parking or driveway areas;
2. Shall not be located in any front yard, yard adjacent to any public or private street, or in any
required setback;
3. Shall not be visible from any public or private street unless adequately screened by landscaping
and/or materials that harmonize with the elements and characteristics of the property;
4. Shall not be higher than the maximum height allowed by the district.
C. Exceptions. Users of satellite dish antennas may be granted deviations from the regulations of this
section as are necessary to ensure that the regulations will not:
1. Prevent or impose unreasonable limitations on the reception of satellite-delivered signals; or
2. Impose cost on the users of the antennas that are excessive in light of the purchase and
installation cost of the equipment. The deviation allowed by this Subsection may not be any
greater than is necessary to achieve the desired results.
D. Application for approval. Prior to installing a dish antenna regulated by this section, a site plan and
elevations shall be submitted for approval of the Ccommunity Ddevelopment Ddirector, along with
reasons for any requested deviation from the regulations. If no deviation is requested, the Ccommunity Ddevelopment Ddirector shall review the proposed placement for compliance with this section and
approve, disapprove, or modify the proposed placement. A building permit application shall be
obtained prior to installation.
(Ord. 2043 § 1(part), 2004).
21.36.200 Reserved.
Editor's note(s)—Ord. No. 2216, § 5, adopted Dec. 12, 2016, repealed § 21.36.200, which pertained to secondary
dwelling units and derived from Ord. 2043, § 1(part), adopted in 2004.
21.36.205 Sexually oriented businesses.
Community-wide adverse economic impacts, increased crime, decreased property values, and the
deterioration of neighborhoods which can be brought about by the concentration of sexually oriented businesses
in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches,
parks, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various
communities that the concentration of sexually oriented businesses causes an increase in the number of transients
in the area, and an increase in crime, and in addition to the effects described above can cause other businesses
and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform
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regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible
uses, while permitting the location of sexually oriented businesses in certain areas.
A. Definitions.
1. Municipal Code. As used herein, the terms and phrases shall have the same meaning as defined
in Chapter 5.55 of the Municipal Code.
2. Establishment of sexually oriented business. As used herein, to "establish" a sexually oriented
business shall mean and include any of the following:
a. The opening or commencement of any sexually oriented business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any
sexually oriented business defined herein;
c. The addition of any of the sexually oriented businesses defined herein to any other existing
sexually oriented business; or
d. The relocation of any such sexually oriented business.
B. Locational requirements. No sexually oriented business shall be established or located in any zone in
the city other than the LIM-1 (Light Industrial) zoning district, and shall not be within certain distances
of certain specified land uses or zones as set forth below:
1. Required distance from other sexually oriented businesses. No such business shall be established
or located within three hundred feet of any other sexually oriented business;
2. Required distance from other specified uses. No such business shall be established or located
within three hundred feet from any existing schools for minors, churches or religious institutions,
parks, and residentially zoned districts or uses; and
3. Measurement of distance. The distances set forth above shall be measured as a radius from the
primary entrance of the sexually oriented business to the property lines of the property so zoned
or used without regard to intervening structures.
C. Amortization of nonconforming sexually oriented business uses. Any use of real property lawfully
existing on July 1, 2019, which does not conform to the provisions of this section, but which was
constructed, operated, and maintained in compliance with all previous regulations, shall be regarded
as a nonconforming use which may remain indefinitely in accordance with CMC 21.58 (Nonconforming
Uses and Structures) except as provided for by this section.
1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of
any lot or structure as a sexually oriented business for a continuous period of sixty calendar days
shall result in a loss of legal nonconforming status of such use without the need for formal
revocation by the decision making body.
2. Annexed property. Any sexually oriented business which was a legal use at the time of
annexation of the property and which is located in the city, but which does not conform to the
provisions of subsection B of this section, shall be terminated within one year of the date of
annexation unless an extension of time has been approved by the planning commission in
compliance with the provisions of subsection D of this section.
3. Any nonconforming sexually oriented business in operation pursuant to this section shall obtain
and maintain a sexually oriented business permit, in compliance with Chapter 5.55 of the
Campbell Municipal Code.
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D. Extension of time for termination of nonconforming use. The owner or operator of a nonconforming
use as described in subsection C of this section, may apply under the provisions of this section to the
planning commission for an extension of time within which to terminate the nonconforming use.
1. Time and manner of application. An application for an extension of time within which to
terminate a use made nonconforming by the provisions of subsection C of this section, may be
filed by the owner of the real property upon which such use is operated, or by the operator of
the use. Such an application must be filed with the community development department at least
ninety days but no more than one hundred eighty days prior to the time established in
subsection C of this section, for termination of such use.
2. Content of application and required fees. The application shall state the grounds for requesting
an extension of time. The filing fee for such application shall be the same as that for a variance as
is set forth in the schedule of fees established by resolution from time to time by the city council.
3. Hearing procedure. A hearing shall set on the matter before the planning commission for within
forty-five days of receipt of the application. All parties involved shall have the right to offer
testimonial, documentary and tangible evidence bearing on the issues; may be represented by
counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence
may be admitted that is the sort of evidence upon which reasonable persons are accustomed to
rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the planning
commission shall be final and subject to judicial review in compliance with Code of Civil
Procedure Section 1094.8.
4. Approval of extension and required findings. An extension under the provisions of this section
shall be for a reasonable period of time commensurate with the investment involved, and shall
be approved only if the planning commission makes all of the following findings or such other
findings as are required by law:
a. The applicant has made a substantial investment (including but not limited to lease
obligations) in the property or structure on or in which the nonconforming use is
conducted; such property or structure cannot be readily converted to another use; and
such investment was made prior to the effective date of this section;
b. The applicant will be unable to recoup said investment as of the date established for
termination of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use
to a location in conformance with subsection B of this section.
(Ord. 2106 § 2 (Exh. A), 2008: Ord. 2043 § 1(part), 2004).
(Ord. No. 2127, § 1, 12-1-2009; Ord. No. 2250 , § 17, 9-3-2019)
Note(s)—Formerly § 21.10.090.
21.36.207 Single-room occupancy facilities.
This section provides locational and operational standards for the establishment of single-room occupancy
facilities, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards:
A. Unit Size. The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum
size shall be four hundred (400) square feet.
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B. Bathroom Facilities. A single-room occupancy (SRO) unit is not required to but may contain partial or
full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall
have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is
not provided, common bathroom facilities shall be provided in accordance with California Building
Code for congregate residences with at least one full bathroom per every three units on a floor.
C. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. For the
purposes of this section, a full kitchen includes a sink, a refrigerator, and a stove, range top, or oven
and a partial kitchen is missing at least one of these appliances. If a full kitchen is not provided,
common kitchen facilities shall be provided with at least one full kitchen per floor.
D. Closet. Each SRO shall have a separate closet.
E. Code Compliance. All SRO units shall comply with all requirements of the California Building Code.
21.36.210 SkatebBoard ramps.
This section establishes development and operational standards for skateBoard ramps in residential zoning
districts.
A. Allowed ramps. SkatebBoard ramps that are not higher than four feet above finished grade or
depressed not more than four feet below finished grade and are neither longer nor wider than four
feet are allowed in all residential zones subject to the following criteria and standards.
B. Standard requirements.
1. Not more than one skatebBoard ramp conforming to the provisions of this section shall be
allowed on any parcel of land within the city.
2. SkatebBoard ramps shall not be located in the public right-of-way.
3. The skatebBoard ramp shall be located in the rear yard and not in the front yard or side yard
(including a street side yard). In no case shall a skatebBoard ramp be visible from any public
street.
4. The skatebBoard ramp surface shall be covered with a smooth material (e.g., masonite to help
reduce noise.
5. Any required building permits shall be obtained prior to construction of a skatebBoard ramp.
6. In no case may-noise generated from a skatebBoard ramp create a nuisance for an adjoining
property owner or resident. For purposes of this paragraph, noise levels generated by the ramp
and its users in excess of sixty decibels measured on an adjoining residential parcel are
considered to be a nuisance.
7. In no case may a ramp be located closer than 10 feet to any property line.
C. Ramps requiring approval of a conditional use permit. SkatebBoard ramps that exceed the dimensions
specified in Subsection (A) of this section may be allowed subject to the approval of a conditional use
permit. Application for a conditional use permit shall comply with the requirements of Chapter 21.4672
of this code. Applications for approval of a conditional use permit shall comply with the standards
specified in subsection B of this section. In addition, skatebBoard ramps requiring approval of a
conditional use permit shall also comply with the following conditions:
1. The underside of the skatebBoard ramp shall be enclosed and include foam or other suitable
sound absorbing material.
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2. The setback requirements for ramps requiring approval of a conditional use permit is ten feet
from the rear and side property lines. The planning commission may require greater or lesser
setbacks for any skatebBoard ramp if the commission finds that greater or lesser setbacks would
adequately protect the surrounding properties from undue disturbance.
D. Exceptions.
1. Commercial and industrial areas. SkatebBoard ramps may be allowed in the commercial and
industrial zoning districts of the city in conjunction with a commercial skatebBoard park, subject
to approval of a conditional use permit.
2. Existing ramps. SkatebBoard ramps legally existing prior to January 1, 1990, may remain,
provided:
a. A valid building permit was obtained if required by the applicable law; or
b. A building permit was not required, or the ramp complies with all of the standard
requirements outlined in subsection B of this section. If the requirements outlined in
subsection B of this section have not been complied with or a building permit has not been
obtained, it will be presumed that the ramp is illegal and subject to enforcement powers of
the city.
3. Portable ramps. One portable ramp less than two feet in height and less than four feet in either
length or width may be allowed on a residential parcel of land and shall be exempt from the standards outlined in subsection B of this section.
(Ord. 2043 § 1 (part), 2004).
21.36.220 Solar energy systems.
This section establishes standards for the provision of solar energy panels in all zoning districts.
A. The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is
allowed within all zone districts, whether as a part of a structure or incidental to a group of structures
in the nearby vicinity.
B. Use of solar energy collectors is subject to the development standards (e.g., height, setback, etc.)
applicable to the zoning district where they are located.
C. Collection devices shall be integrated with the surface to which they are affixed, parallel with the wall
or roof to which they are attached, and not projecting from that surface more than is necessary for
attachment purposes.
D. Where the strict application of applicable development standards would prohibit or severely limit solar
access, the Ccommunity Ddevelopment Ddirector may approve minimum adjustments to the standards
necessary to achieve an adequate level of solar access. The decision to allow a modification to
standards shall be based on the following criteria:
1. Different levels of solar access available with regard to height, setback, and related development
standards;
2. Aesthetics of the specific area and project;
3. Characteristics of shading due to buildings and trees in determination of necessary solar access
plane;
4. Identification of possible conflicts with development regulations and individual landowner
preferences.
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(Ord. 2043 § 1 (part), 2004).
21.36.230 Reserved.
Editor's note(s)—Ord. No. 2182, § 4, adopted Oct. 7, 2014, repealed § 21.36.230, which pertained to transitional
housing and derived from Ord. 2070, § 1 (Exh. A)(part), adopted in 2006; Ord. 2043, § 1 (part), adopted in
2004.
21.36.240 Towing service and vehicle dismantling.
This section provides locational and operational standards for the establishment of towing and vehicle
dismantling service uses, in compliance with Article 2, (Zoning Districts), which shall be subject to the following
criteria and standards:
A. Location. The location of the proposed use shall not be detrimental to the adjoining area and shall not
be located within one hundred feet of residentially zoned property.
B. Storage of vehicles. The storage of wrecked or abandoned vehicles shall be kept at all times within an area completely enclosed by a six-foot high solid wall. Any gate needed to access this area shall be a
sight-obscuring gate. There shall be no stacking of wrecked or abandoned vehicles.
C. Enclosed building. All auto dismantling activities shall be conducted wholly within an enclosed building.
D. Fire access. Minimum gate opening of twelve feet in width shall be provided and a minimum of twelve
feet to be maintained between rows of automobiles to provide room for fire equipment.
E. Paving required. Storage yard to be paved as required by Chapter 21.28, (Parking and Loading).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
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 twelve months; and
3. 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;
2. Outdoor activities. All instructional activity shall occur within the interior of the tenant space; and
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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.
(Ord. No. 2240, § 3, 3-19-2019)
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 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 Chapter 21.45 (Temporary Uses)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.
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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
they will be equally responsible for compliance with all applicable laws and conditions related to the
collection containers for which they are seeking approval;
2. A non-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
twenty-four-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;
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;
2. A non-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
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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 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. Any 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 lLarge collection containers shall be located in compliance with Article 2, (Zoning Districts)outside of
a C-2, C-M or M-1 zoning district.
2. No sSmall collection containers shall be located in compliance with Article 2, (Zoning Districts)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 any 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;
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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. Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing
systems.
7. No more than one collection container shall be located on any parcel, except for those described in
paragraph (2) of subsection (d) of this section.
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 a tamper-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, twenty-four-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, twenty-four-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.
K. Maintenance and Operation.
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1. No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate 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.
6. 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.
7. 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 [Wiggins, SB 1016] 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.
8. Large collection containers shall have an attendant present at the container at all times that items are
being collected.
(Ord. No. 2222, § 8, 5-16-2017, eff. 6-15-2017)
21.36.250 Veterinary clinics and animal hospitals.
This section provides development and operational standards for the establishment of veterinary clinics and
animal hospitals, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and
standards.
A. Small animals only. Treatment at such clinic shall be confined to small animals, such as dogs, cats,
birds, and the like.
B. Overnight Boarding. All animals shall be treated on an outpatient basis and no overnight Boarding shall
be allowed except that three to five animals may be kept overnight on the premises for treatment
purposes only, unless otherwise approved by the planning commission.
C. Noise mitigation. The entire clinic, including treatment rooms, cages or pens shall be maintained with a
completely enclosed, soundproof building constructed of materials which will iensure that no sound
exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall also be
provided with air-conditioning that is adequate to prevent the necessity of opening doors and windows
for ventilation purposes.
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D. Odor mitigation. The clinic shall be designed and operated in a manner so as to guarantee that no
objectionable odors or noises shall be produced outside its walls, and provisions for the off-site
disposal of all dead animals and of all waste materials shall be made in compliance with county health
standards. The removal of waste material and dead animals shall be done so as to guarantee that no
obnoxious odor is produced. There shall be no burning or other disposal of dead animals on the
premises.
E. Location. The proposed operation shall be located no closer than fifty feet to any residentially zoned
property.
F. Hours of operation. The planning commission shall have the authority to determine the normal hours
of operation for each clinic dependent on location; however, emergency calls after hours shall not be
prohibited.
G. Finding. The planning commission shall find that the use in the proposed location is compatible with
other uses in the surrounding area.
H. Compliance with other regulations. Veterinary clinics and animal hospitals shall comply with other
state, county, and city ordinances that pertain to the use or zone where they are conducted.
(Ord. 2043 § 1 (part), 2004).
21.36.260 Payday Lending Establishments.
This section provides development and operational standards for the establishment of payday lending
establishments in compliance with Article 2, (Zoning Districts).
A. Conditional use permit required. Payday lending establishments shall be allowed by conditional use permit, in compliance with Chapter 21.46 (Conditional Use Permits), and subject to all of the restrictions of the C-2
(General Commercial) zoning district.
AB. Locational Requirements. Payday lenders shall meet all of the following conditions:
1. No payday lenders shall be located in any zone in the city other than the C-2 (General Commercial)
zoning district.
12. No payday lenders shall be located within a low income census tract, as defined by the area inside San
Tomas Expressway and South Winchester Boulevard, from the intersection of San Tomas Expressway
and South Winchester Boulevard, north to the city limits.
23. No payday lenders shall be located within five hundred feet from any off-site alcoholic establishment,
except grocery stores, either within or outside the city.
34. Except as provided in subsection C, in no event shall there be more than three payday lenders within
the City.
45. Payday lenders may be permitted in the following commercial quadrants as indicated in Figure 3-15,
upon filing an application for a Conditional Use Permit and satisfying the required findings to support
such use. In no event shall there be more than one payday lender in each commercial quadrant.
a. West Hamilton Avenue, west of San Tomas Expressway;
b. East Hamilton Avenue, east of South Winchester Boulevard and west of Highway 17;
c. South Bascom Avenue, north of Dry Creek Road;
d. Camden Avenue and South Bascom Avenue, south of Camden Avenue;
e. South Winchester Boulevard, south of Sunnyoaks Avenue
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BC. Nonconforming Uses. Any use of real property lawfully existing on the effective date of this section, which
does not conform to the provisions of this section, but which was constructed, operated, and maintained in
compliance with all previous regulations, shall be regarded as a nonconforming use and may continue in
compliance with the regulations of Section 21.58.040. Upon obtaining a Conditional Use Permit, a non-
conforming payday lender that was in existence prior to the effective date of this section may relocate at any
time into one of the commercial quadrants identified in paragraph 5 of subsection AB even if the total
number of payday lenders in the City exceeds three.
Notwithstanding the above provision, nonconforming uses shall come into compliance with the operational
requirements of subsection D of this section within thirty days of the effective date of the ordinance enacting this
section.
CD. Operational Requirements. Payday lenders shall meet all of the following conditions:
1. Hours of operation must be between the hours of seven a.m. to seven p.m. daily.
2. No security bars shall be placed on doors or windows.
3. Notwithstanding any other provision of the Municipal Code, window signs shall not exceed ten percent
of the window area per façade.
(Ord. No. 2196, § 14, 2-2-2016)
21.36.270 Massage Establishments.
A. Purpose. The City has broad control over land use regulation of massage establishments in order to manage
such establishments in the best interests of the City of Campbell. This Section is designed to provide for and
to regulate massage establishment uses where they are allowed in compliance with the provisions of Campbell Municipal Code Article 2 (Zoning Districts) and Chapter 5.48 (Massage Establishments and
Therapists).
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B. Conditional Use Permit.
1. On and after April 5, 2016[Effective Date of Ordinance], a land use conditional use permit shall be
required for massage establishment uses in compliance with the provisions of Campbell Municipal
Code Article 2 (Zoning Districts)Chapter 21.46 (Conditional Use Permits).
2. Mandatory Concurrent Application for Massage Establishment Permit. A massage establishment
permit, and any renewal thereof, shall be filed with the Chief of Police, pursuant to Section 5.48
(Massage Establishments and Therapists) of the Municipal Code. The A land use permitConditional Use
Permit shall not be granted until a massage establishment permit is issued by the Chief of Police.
C. Overconcentration / Location Requirements.
1. No massage establishment shall be located in any zone in the city other than the C-2 (General
Commercial) and P-O (Professional Office) zoning districts.
2. A massage establishment use shall not be located within three hundred feet of another existing
massage establishment use, as measured from the edge of the property line of each property.
3. Massage Establishments may be permitted in only the following commercial quadrants as indicated in
Figure 3, upon filing an application for a land use permit Conditional Use Permit and satisfying the
required findings to support such use. In no event shall there be more than two massage
establishments in each commercial quadrant.
a. West Hamilton Avenue and South Winchester Boulevard—west of Winchester Boulevard;
b. East Hamilton Avenue and South Winchester Boulevard—east of Winchester Boulevard and west
of Highway 17;
c. East Hamilton Avenue, east of Bascom Avenue
d. Bascom Avenue, north of Dry Creek Road;
e. Camden Avenue and South Bascom Avenue, south of Curtner Avenue;
f. South Winchester Boulevard, south of San Tomas Expressway
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D. Operational Standards. Except as specifically required in the Massage Establishment Permit issued by the
Chief of Police and pursuant to the provisions of Chapter 5.48, all massage establishments shall comply with
the regulations and restrictions applicable to the zoning district in which it is located and with the following
operating requirements:
1. Owner/Operator. It shall be unlawful for any operator to own, manage, or operate a massage
establishment in or upon any premises within the city without having a current massage establishment
permit issued by the Chief of Police pursuant to the provisions of Chapter 5.48;
2. Hours of Operation. No massage establishment shall be kept open for business and no massage
therapist shall administer massages before the hour of seven a.m. or after the hour of ten p.m.;
3. Window Coverage. No massage business located in a building or structure with exterior windows
fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility
into the interior reception or waiting area through the use of curtains, closed blinds, tints, or any other
material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of
this sub-section, there is an irrebuttable presumption that the visibility is impermissibly blocked if more
than ten percent of the interior reception or waiting area is not visible from the exterior window.
4. Nonconforming uses shall come into compliance with the operational standards of this subsection
within thirty days of the effective date of the ordinance enacting this Section.
E. Non-conforming Massage Establishments.
1. Any use of real property lawfully existing on the effective date of this section, which does not conform
to the provisions of this Section, but which was established, operated, and maintained in compliance
with all previous regulations, shall be regarded as a nonconforming use and may continue at its existing
location in compliance with the regulations of Section 21.58.040.
2. Discontinued Use. A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous period of at least twelve months shall not be re-established on the site and further use of
the structure or parcel shall comply with all of the regulations of the applicable zoning district and all
other applicable provisions of this Zoning Code. Evidence of abandonment shall include, but is not
limited to, the actual removal of equipment, furniture, machinery, structures, or other components of
the nonconforming use, the turning-off of the previously connected utilities, or where there are no
business receipts/records available to provide evidence that the use is in continual operation;
3. Annexed property. Any massage establishment that is a legal use at the time of annexation of the
property into the city, but which does not conform to the provisions of this Section, shall be terminated
within one year of the date of annexation.
(Ord. No. 2199, § 2, 4-5-2016)
Title 21 - ZONING
Chapter 21.38 APPLICATION FILING, PROCESSING AND FEES
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:04 [EST]
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Page 1 of 5
Chapter 21.38 APPLICATION FILING, PROCESSING, AND FEES
21.38.010 Purpose of chapter.
This chapter provides procedures and requirements for the preparation, filing, and processing of applications
for land use permits and other entitlements required by this Zoning Code.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.38.020 Authority for land use and zoning decisions.
Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing and making
decisions on each type of application, land use permit, and other entitlements required by this Zoning Code.
The Ccommunity Ddevelopment Ddirector may refer any request to the Pplanning Ccommission for a
decision. Additional fees shall not be charged to the applicant in the event of a Ccommunity Ddevelopment
Ddirector's referral.
Table 4-1
Decision-Making Body
Type of Permit
or Decision
Decision-making body and Role (1)
Procedures
are found
in:
Community
Development
Director (2)
Planning
Commission
City Council
Land Use Permits and other Development Entitlements
Administrative Housing
Development Permits
21.07 Decision Appeal Appeal
Administrative Planned
Development Permits
21.12.030 Decision Appeal Appeal
Administrative Site and
Architectural Review
Permits
21.42 Decision Appeal Appeal
Administrative Conditional
Use Permits
21.46 Decision Appeal Appeal
Conditional Use Permits 21.46 Decision(5) Appeal
Development Agreements 21.52 Recommend Decision
Fence Exceptions 21.18.060 Decision Appeal
Home Occupation Permits 21.44 Issuance
Major Housing
Development Permit
21.07 Recommend Decision
Minor Housing
Development Permit
21.07 Decision Appeal
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Parking Modification
Permit (3) (5)
21.28.050 Decision Decision/Appeal Decision/Appeal
Planned Development
Permits
21.12.030 Recommend Decision
Pre-applications 21.41 Comments(4) Comments(4)
Reasonable
Accommodations
21.50 Decision Appeal Appeal
Sign Permits 21.30 Issuance(2) Decision(2) Decision(2)
Appeal(2)
Site and Architectural
Review Permits
21.42 Decision(5) Appeal
Temporary Uuse Ppermits 21.45 Decision Appeal Appeal
Tree Removal Permits 21.32 Decision Appeal Appeal
Variances 21.48 Decision Appeal
Zoning Clearances 21.40 Issuance
General Plan and Zoning Code Administration and Amendments
General Plan Amendments 21.60 Recommend Decision
Interpretations 21.02 Decision Appeal Appeal
Zoning Code Amendments 21.60 Recommend Decision
Zoning Map Amendments 21.60 Recommend Decision
Multi-Family Development
and Design Standards
Amendments
21.07 Recommend Decision
Form-Based Zone Map
Amendments
21.07 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).
(2) A sign permit that meets the minimum requirements of the sign regulations (Chapter 21.30) shall be reviewed
and issued by the Ccommunity Ddevelopment Ddirector. Off-site signs, readerboard signs and signs that
exceed the minimum requirements of the sign regulations shall be reviewed by the Pplanning Ccommission and are appealable to the Ccity Ccouncil. Freeway-oriented signs shall be reviewed by the Ccity Ccouncil after
recommendation by the Pplanning Ccommission. Signs for property located within an overlay combining
zoning district subject to a Mmaster Uuse Ppermit 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 Ccity Ccouncil 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 Pplanning Ccommission or Ccommunity Ddevelopment Ddirector, render a decision
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Page 3 of 5
with regard to land use entitlements, and nothing contained in the process precludes either the Ccommunity
Ddevelopment Ddirector, Pplanning Ccommission or Ccity Ccouncil 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 Ccommunity Ddevelopment Ddirector for property located within an overlay combining zoning district
subject to a Mmaster Uuse Ppermit authorized by section 21.14.030.C (Master use permit).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
(Ord. No. 2122, § 1 (Exh. A), 10-20-2009; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2166, § 2(Exh. C), 5-7-2013;
Ord. No. 2169, § 3(Exh. B), 6-4-2013; Ord. No. 2213, § 23, 11-1-2016; Ord. No. 2270 , § 16, 3-16-2021)
21.38.030 Application filing and fees.
Applications for land use permits, entitlements, amendments (e.g., Ggeneral Pplan, Zoning Code, and
Zzoning Mmap), and other matters pertaining to this Zoning Code shall be filed with the Ccommunity
Ddevelopment Ddepartment as follows:
A. Eligibility for filing. An application 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.C.3 (Amendments). Any applicant may
be represented by an agent authorized in writing to file on behalf of the applicant;
B. Application contents. The application shall include the forms provided by the Ccommunity
Ddevelopment Ddirector, and all information and materials required by the Ccommunity
Ddevelopment Ddirector;
C. Filing fees. The application shall be accompanied by the processing fees established by the city's
schedule of fees and charges, and any additional fees or deposits required by this Zoning Code or the
Municipal Code. All fees for new land development, private revitalization, and new occupancy
approvals shall cover the costs of permit application processing, permit issuance, and administration;
D. Refunds.
1. Recognizing that filing fees cover the city's costs for public hearings, mailing, posting, transcripts,
and the staff time required to process applications, no refunds due to a denial are allowed.
2. In the case of a withdrawal, the Ccommunity Ddevelopment Ddirector may, at the request of the
applicant, authorize a partial refund based upon the pro-rated costs to-date and determination
of the status of the application at the time of withdrawal.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2213, § 10, 11-1-2016)
21.38.040 Initial application review.
All applications filed with the Ccommunity Ddevelopment Ddepartment in compliance with this Zoning Code
shall be initially processed as follows.
A. Review for completeness. The Ccommunity Ddevelopment Ddirector shall review all applications for
completeness and accuracy before being accepted as complete, in compliance with Section 21.38.030,
Created: 2022-12-01 08:36:04 [EST]
(Supp. No. 37)
Page 4 of 5
(Application filing and fees). The Ccommunity Ddevelopment Ddirector will consider an application
complete when:
1. All necessary application forms, documentation, exhibits, materials, and studies as established by
the community development department, have been provided and accepted as adequate;
2. All necessary fees and deposits have been paid and accepted; and
3. Any required community meetings have been held.
B. Notification of applicant. The Ccommunity Ddevelopment Ddirector shall notify the applicant in writing
within thirty calendar days of the filing of the application with the Ccommunity Ddevelopment
Ddepartment that either the application is complete and has been accepted for processing, or that the
application is incomplete and that additional information, specified in the letter, shall be provided.
C. Expiration of application. If the applicant does not provide the information and materials necessary for
a pending application to be deemed complete within one hundred eighty (180) calendar days after
notification of incompleteness, the application shall be deemed withdrawn. The Ccommunity
Ddevelopment Ddirector may grant one (1) one hundred eighty-day (180) calendar day extension. After
expiration of the application and extension, if granted, a new application, including fees, plans,
exhibits, and other materials will be required to commence processing of any project on the same
property.
D. Additional information. After an application has been accepted as complete, the Ccommunity Ddevelopment Ddirector may require the applicant to submit additional information needed for the
environmental review of the project in compliance with Section 21.38.050 of this chapter.
E. Ccommunity Ddevelopment Ddirector's determination. If the Ccommunity Ddevelopment Ddirector
determines that the application does not support a prima facie right to the granting of the application
(e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required general plan amendment application, or a request for a conditional use permit allowing a
use that is not allowable in the subject zoning district, etc.), the city shall not accept the application.
F. Not within Ccommunity Ddevelopment Ddirector's scope. In cases where the Ccommunity
Ddevelopment Ddirector considers the information identified in the application not to be within the
scope of the Ccommunity Ddevelopment Ddirector's review and approval procedure, the applicant
shall be so informed before filing, and if the application is filed, and the fees are accepted, the
application shall be signed by the applicant acknowledging prior receipt of this information.
G. Filing date. The filing date of an application shall be the date on which the Ccommunity Ddevelopment
Ddepartment receives the last fees, submittal, map, plan, or other material required as a part of that
application by subsection A of this section.
H. Referral of application. At the discretion of the Ccommunity Ddevelopment Ddirector, or where
otherwise required by this Zoning Code, state, or federal law, any application may be referred to any
city department, special district, or other public agency that may be affected by or have an interest in
the proposed land use activity.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.38.050 Environmental assessment.
A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with
the California Environmental Quality Act (CEQA) to determine whether:
1. The proposed project is not a project as defined by CEQA;
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2. The proposed project qualifies for a statutory or categorical exemption from the provisions of CEQA;
3. A negative declaration may be issued;
4. A mitigated negative declaration may be issued; or
5. An environmental impact report (E.I.R.) shall be required.
B. Compliance with CEQA. These determinations and, where required, the preparation of E.I.R.'s, shall be in
compliance with CEQA.
C. Special studies required. A special study, paid for in advance by the applicant, may be required to
supplement the city's CEQA compliance review.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.39 MINISTERIAL APPROVALS
Campbell, California, Code of Ordinances
Page 1 of 5
Chapter 21.39 MINISTERIAL APPROVALS
21.39.010 Purpose of Chapter.
The purpose of this Chapter is to:
A. Specify how the city will implement the review and approval requirements of California Government
Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier
Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"); and
B. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of
the city's General Plan Housing Element as may be amended from time to time.
21.39.020 Definitions.
A. All terms used in this Chapter that are defined in in Chapter 21.72 (Definitions) shall have the meaning
established in Chapter 21.72 (Definitions). Where terms defined in Chapter 21.72 (Definitions) are
inconsistent with terms that are defined in the State Supportive Housing Law, State Low Barrier Navigation
Centers Law, and the State Streamlined Ministerial Approval Process, the terms established by their
respective sections shall prevail.
B. Whenever the following terms are used in this Chapter, they shall have the meaning established by this
Section:
1. "Applicant" means the owner of the property, or person or entity with the written authority of the
owner, that submits and application for Ministerial Approval.
3. "Ministerial Approval" means any approval related to a housing development project or a Low Barrier
Navigation Center that meet the requirements of the State Supportive Housing Law, the State Low
Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process and does
not require the exercise of judgement or deliberation by the Community Development Director.
4. "Restricted Affordable Unit" means a dwelling unit within a housing development that will be available at an Affordable Rent or Affordable Housing Cost as specified in the State Supportive Housing Law and
the State Streamlined Ministerial Approval Process.
5. "State Housing Density Bonuses and Incentives Law" means Government Code Section 65915 et seq.
and all amendments and additions thereto, now or hereinafter enacted, that impose requirements
applicable to the city related to the provision of housing Density Bonus(es) and Incentives.
6. "State Low Barrier Navigation Centers Law" means Government Code 65660 et seq. and all
amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable
to the city related to Ministerial Approvals and Uses by Right.
7. "State Streamlined Ministerial Approval Process" means Government Code Section 65913.4 and all
amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable
to the city related to Ministerial Approvals.
8. "State Supportive Housing Law" means Government Code Sections 65650 et seq. and all amendments
and additions thereto, now or hereinafter enacted, that impose requirements applicable to the city
related to Ministerial Approvals and Uses by Right.
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21.39.030 Ministerial Approval.
A. Ministerially Approved Developments. The city will ministerially approve a housing development project or
Low Barrier Navigation Center that meets the requirements specified in the State Supportive Housing Law,
the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process
when an Applicant submits an application as specified by this Chapter.
B. Restricted Affordability and Supportive Housing Calculations.
1. If an Applicant seeks Ministerial Approval under the State Supportive Housing Law, the number of
required Restricted Affordable Units, Supportive Housing Units, and Supportive Services floor area will
be calculated in accordance with the State Supportive Housing Law.
2. If an Applicant seeks Ministerial Approval under the State Streamlined Ministerial Approval Process,
the number of required Restricted Affordable Units will be calculated in accordance with the State
Streamlined Ministerial Approval Process.
C. Replacement of Pre-Existing Lower Income Units. A housing development project seeking Ministerial
Approval under the State Supportive Housing Law shall replace any dwelling units on the site of the proposed
housing development in the manner required by the State Supportive Housing Law.
D. Parking Ratios. The city shall not require parking beyond the maximum ratios specified in the State
Streamlined Ministerial Approval Process if the project is Ministerially Approved under that section of state
law.
E. Development Standards. Notwithstanding the State Supportive Housing Law, the State Low Barrier
Navigation Centers Law, and the State Streamlined Ministerial Approval Process, Ministerially Approved housing developments and Low Barrier Navigation Centers shall meet all objective site, design, and
construction standards included in Title 6 (Health and Sanitation), Title 11 (Streets and Sidewalks), Title 14
(Sewers), Title 17 (Fire Protection), Title 18 (Building Codes and Regulations), Title 20 (Subdivision and Land
Development), and Title 21 (Zoning) of the Campbell Municipal Code, and shall also comply with all objective
design requirements included in applicable planning approvals, or otherwise adopted by the City Council,
and all administrative regulations adopted pursuant to Section 21.39.060 for the implementation of this
Chapter.
21.39.040 Application Requirements and Timing.
Applications for Ministerial Approvals shall be submitted and processed in compliance with the following
requirements:
A. Application Type. A proposed housing development project and/or Low Barrier Navigation Center shall be
reviewed ministerially by the Community Development Director through consideration of a zoning clearance
in compliance with Chapter 21.40 (Zoning Clearances). The permitting provisions of Chapter 21.07 (Housing
Development Regulations) and 21.42 (Site and Architectural Review) and by reference any neighborhood plan
or process established by an overlay/combining district (i.e., master use permit), shall not be applied.
B. Application Filing. A zoning clearance application for a proposed housing development project or Low Barrier
Navigation Center, including the required application materials and fees, shall be filed with, and in a form
prescribed by, the Community Development Department in compliance with Chapter 21.38 (Application Filing,
Processing and Fees). No application shall be deemed received until the following have been provided:
i. Fees. All fees for the application as set forth in the schedule of fees established by resolution
of the City Council have been paid. No fee shall be deemed received until any negotiable
instrument has been cleared and funds deposited on the city's account.
ii. Documents. All documents and information specified in this Chapter and on the application
form have been filed.
Page 3 of 5
C. Application Requirements. A zoning clearance application may only be found complete if it satisfies the
requirements of this Chapter, and the following:
a. Required signatures:
i. All owners of the real property included in the housing development or Low Barrier
Navigation Center; or
ii. The person or entity with written authority of the owner(s) to apply for Ministerial Approval
for a housing development or Low Barrier Navigation Center.
b. Required information:
i. A brief description of the proposed housing development or Low Barrier Navigation Center,
including, as applicable, the total number of dwelling units, Restricted Affordable Units,
Supportive Housing Units, and Low Barrier Navigation Center beds proposed.
ii. The current zoning district(s), form-based zone(s), and general plan land use designation(s)
and assessor's parcel number(s) of the project site.
iii. A vicinity map and site plan, drawn to scale, including building footprints, driveway, and
parking layout.
iv. Indication if the Applicant also seeks a density bonus, incentive, waiver, or modification.
v. A site plan showing location of, as applicable, Restricted Affordable Units, Supportive
Housing Units, onsite Supportive Services, Low Barrier Navigation Center beds, and all other dwelling units within the proposed housing development or Low Barrier Navigation Center.
vi. If the Applicant submits an application under the provisions of the State Supportive Housing
Law, a plan for providing supportive services, with documentation demonstrating that the
onsite supportive services provided meet the requirements of the Supportive Housing Law.
vii. If a reduction in Supportive Housing Units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an
explanation of good faith efforts by the owner to find other sources of financial support,
how any change in the number of Supportive Service Units is restricted to the minimum
necessary to maintain the project's financial feasibility, and how any change to the
occupancy of the Supportive Housing Units is made in a manner that minimizes tenant
disruption and only upon the vacancy of Supportive Housing Units.
viii. Level of affordability of any Restricted Affordable Units and proposed method to ensure
affordability.
ix. If the applicant submits an application under the provisions of the State Streamlined
Ministerial Approval Process and it is not entirely a public work, certification that the project
will pay prevailing wages.
x. If the applicant submits an application under the provisions of the State Streamlined
Ministerial Approval Process and the project meets the conditions specified in the Process,
certification that the project will employ a skilled and trained workforce.
21.39.050 Application Review and Decision Process.
A. General. An application for Ministerial Approval shall be acted upon by the Community Development
Director.
B. Findings for Approval. Before approving an application for Ministerial Approval, the Community
Development Director must make the following findings based on evidence in the record, as applicable, that:
1. The housing development or Low Barrier Navigation Center is eligible for Ministerial Approval.
Page 4 of 5
2. If the Ministerial Approval is based all or in part on the provision of Supportive Housing, a finding that
all the requirements for a Supportive Housing development that are specified in the State Supportive
Housing Law have been or will be met.
3. If the Ministerial Approval is for a Low Barrier Navigation Center, a finding that all the requirements for
a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have
been or will be met.
4. If the Ministerial Approval request is based all or in part on the State Streamlined Ministerial Approval
Process, a finding that all the requirements for a housing development approval that are specified in
the State Ministerial Approval Process have been or will be met.
5. If the application includes a request for a density bonus, incentive, waiver, or modification under
Chapter 20.20 (Density Bonus and Other Housing Incentives), a finding that all the requirements for
density bonuses and/or other incentives that are specified in Chapter 20.20 (Density Bonus and Other
Housing Incentives) have been or will be met.
C. Findings for Denial.
1. The Community Development Director may deny an application for Ministerial Approval if the findings
required by Subsection B above, as applicable, cannot be made.
2. The Community Development Director may deny a Ministerial Approval if doing so would be contrary
to state and federal law, and this finding is made in writing.
3. Nothing in this Chapter 21.39 limits the city's right to deny an affordable housing project under
Government Code Section 65589.5.
D. Permit Conditions.
1. Term. Unless otherwise required by state law, Ministerial Approvals shall automatically expire three
years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year
period, pursuant to and in accordance with the provisions of the Ministerial Approval. The duration of
the approval may be extended as provided for in state law.
2. Conditions. Following approval of an application under the Streamlined Ministerial Approval Process,
but prior to issuance of a building permit for the development, the Community Development Director
may require one-time changes to the development that are necessary to comply with the objective
uniform construction codes (including, without limitation building, plumbing, electrical, fire, and
grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the
public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without modifying the development. A "specific, adverse impact" has the meaning
defined in Government Code section 65589.5(d)(2).
3. Failure to install public improvements. It shall be a violation of this title for any person who has signed
the acceptance of a permit or approval issued pursuant to this chapter to fail to secure the completion
of the public improvements required by the permit or approval within the time period specified. If no
time period is specified, the time period for completion of improvements shall be deemed to be one
year from the issuance of a building permit unless an extension has been granted in writing by the
Community Development Director or, if no building permit is required, one year from the issuance of
the permit or approval.
4. Construction clean-up. It shall be a violation of this title for any person responsible for construction
including but not limited to the permit holder and any contractor thereof to fail to keep the public
right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at
least weekly.
Page 5 of 5
5. Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-
floor, ground floor windows for any commercial use shall consist of transparent glass.
6. Maintenance of Landscape. It shall be a violation of this title for any property owner or other person in
control of any site to fail to install or maintain any landscaping required by a permit or approval issued
pursuant to this chapter or otherwise in a manner that fails to fully comply with the provisions of this
Code. Any vegetation, required by a permit or approval, or otherwise by this Code, which is dead or
dying, shall be replaced within sixty days.
7. Hours of Construction. Hours of construction shall be as specified by Section 18.04.050 (Hours of
construction – time and noise limitations)
8. All projects approved under this Chapter shall follow the stormwater management requirements listed
in Chapter 14.02 (Stormwater Pollution Control) as applicable.
9. Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the
issuance of Building permits, whichever occurs first, all projects approved under this Chapter shall
satisfy all applicable Public Works clearance and Building Division clearance requirements.
10. All projects approved under this Chapter shall, if required by the Zoning Ordinance, satisfy the
performance standards of the applicable Zoning Districts.
D. Building Permits. Issuance of a zoning clearance shall be required prior to issuance of building permit(s)
consistent with Section 21.56.050 (Issuance of building permits).
E. Appeals. As specified by Chapter 21.62 (Appeals), zoning clearances are ministerial and are not subject to an
appeal.
21.39.060 Regulations.
The Community Development Director is hereby authorized to develop forms, policies, and regulations for
the implementation of this Chapter.
Title 21 - ZONING
Chapter 21.40 ZONING CLEARANCES
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:04 [EST]
(Supp. No. 37)
Page 1 of 2
Chapter 21.40 ZONING CLEARANCES
21.40.010 Purpose of chapter.
A zoning clearance is a ministerial permit that is used by the community development director to verify that
a proposed structure or land use activity complies with the list of allowed activities allowed in the applicable
zoning district, the development standards applicable to each type of use, and any conditions of approval of
permits previously issued for the subject site.
Before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or
reconstruction of any structure, or any addition to any structure, a building permit shall be obtained from the
building division and a zoning clearance from the community development department by an owner or agent. It is
unlawful to commence any work until all required permits have been obtained.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.40.020 Applicability/clearance required.
A zoning clearance shall be required as part of the community development department's review of any
construction permit, change in the type of use, business license (for a land use on the subject site), eligible facilities
requests, or other authorization required by the Municipal Code for the proposed use.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.40.030 Procedure.
A. Community development director's action.
1. The community development director may issue a zoning clearance only after first determining that
the request complies with all applicable standards and provisions for the category of use in the zoning
district of the subject parcel, in compliance with this Zoning Code.
2. The zoning clearance may take the form of an authorized signature on the application (e.g., building
permit, business license or zoning clearance) or on an approved set of plans, or a rubber stamp affixed
to an application or set of plans.
B. Need for on-site inspections.
1. When not required. A site inspection is not required for zoning clearances for projects determined by
the community development director to be uncomplicated and for which the submitted application
materials clearly comply with all applicable requirements of this Zoning Code.
2. When required. For projects determined by the community development director to potentially not
comply with all applicable requirements of this Zoning Code, or which are proposed on sites or in areas
of the city with known problems, the community development director shall perform an on-site
inspection before determining that the request complies with all applicable provisions of this Zoning
Code.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
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(Supp. No. 37)
Page 2 of 2
21.40.040 Post decision procedures.
Pursuant to Chapter 21.62, (Appeals) zoning clearances are ministerial and are not appealable.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.41 PRE-APPLICATIONS
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:05 [EST]
(Supp. No. 37)
Page 1 of 3
Chapter 21.41 PRE-APPLICATIONS
21.41.010 Purpose of chapter.
This chapter provides procedures and requirements for the preparation, filing, and processing of pre-
applications for land use permits and other entitlements required by this zoning code. The intent of this process is
to allow the review of significant development applications by the Pplanning Ccommission and/or Ccommunity
Ddevelopment Ddirector earlier in the development review process to avail an applicant of the Pplanning
Ccommission's and/or Ccommunity Ddevelopment Ddirector's comments and concerns prior to the formal
submittal of the land use application. The pre-application process does not replace, but is ancillary to the land use
application process and does not result in, nor can the Pplanning Ccommission or Ccommunity Ddevelopment
Ddirector, render a decision with regard to land use entitlements.
(Ord. No. 2122, § 1 (Exh. A), 10-20-2009)
21.41.020 Pre-application required.
A. Mandatory pre-applications. Any land use proposal that falls into one of the categories listed in the threshold
table shall be required to submit a pre-application to the Ccommunity Ddevelopment Ddepartment for
review and processing, including a mandatory study session before the Pplanning Ccommission or City
Council, prior to submitting a formal land use application.
Threshold Table
Request Planning
Commission
City Council
1. Proposed privately initiated Zoning Map
Amendments, Form-Based Zone Amendments,
Area Plan Amendments, and/or General Plan
Map Amendments.
X
2. Non-residential building(s) exceeding twenty
thousand (20,000) gross square feet located adjacent to existing residential uses.
X
3. Non-residential projects resulting in significant
unavoidable environmental impacts.
X
4. Non-residential projects resulting in substantial
fiscal impacts to the city.
X
Mandatory Pre-applications Thresholds*
1 Proposed Zone Change/General Plan Amendments involving a minimum of one acre.
2 Projects involving over two acres or over 40 dwelling units or 20,000 square feet of building area.
3 Projects resulting in commercial/residential adjacencies on parcels exceeding 20,000 square feet.
4 Potential impacts on infrastructure that result in significant environmental impacts identified in an
environmental assessment or substantial fiscal impacts.
Created: 2022-12-01 08:36:05 [EST]
(Supp. No. 37)
Page 2 of 3
* Land use permits and other entitlements includes tentative subdivision maps, planned development
permits, condominium - planned development permits, zone changes, and general plan amendments,
and text amendments.
(Ord. No. 2122, § 1 (Exh. A), 10-20-2009)
21.41.025 Voluntary pre-application.
A. A prospective applicant is encouraged to request a pre-application study session with the City Council
prior to formal submittal of a permit application for housing development projects subject to the
Specific to Large Site standards, as established in Chapter 21.07 (Housing Development Regulations).
B. The purpose of this voluntary pre-application is to inform the applicant of requirements that apply to
the proposed development project, provide early feedback, examine possible alternatives or
modifications and identify any technical studies relating to future environmental or project permit
review. A voluntary pre-application study session shall not be considered a hearing for the purposes of
Government Code section 65905.
21.41.030 Procedure.
Application filing, processing, and review.
A. Filing. A pre-application shall be filed with the Ccommunity Ddevelopment Ddepartment in compliance
with Chapter 21.38 (Application Filing, Processing, and Fees.).
B. Application contents. The application shall include the information and forms provided by the
community development department, and all information and materials required by the Ccommunity
Ddevelopment Ddepartment and Ddirector.
C. Review by the community development director.
1. Mandatory pre-applications. Following receipt of a completed mandatory pre-application, the
community development director shall make an investigation of the facts bearing on the project
to provide the information necessary for the review of the proposal by the Pplanning
Ccommission. The Ccommunity Ddevelopment Ddepartment shall then schedule the pre-
application as a study session item before the Pplanning Ccommission for review and comment
within 60 days.
D. Study session: review by the planning commission.
1. The Pplanning Ccommission shall provide constructive review of the pre-application and provide
feedback and direction to the applicant early in the design review process.
2. A public hearing shall not be required for the Pplanning Ccommission's review of a pre-
application.
3. At the conclusion of the required study session, the applicant may file a formal application as
defined under section 21.38.030.
E. Advisory comments: Ccommunity Ddevelopment Ddirector and Pplanning Ccommission. 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 render a decision with regard to land use entitlements, and
nothing contained in the process precludes either the Pplanning Ccommission or Ccity Ccouncil from
approving or denying a subsequent formal land use application. Because the pre-application process
does not constitute a formal application review, comments are considered advisory recommendations
for the use of the applicant. Any such review or recommendation shall not be binding upon the
Created: 2022-12-01 08:36:05 [EST]
(Supp. No. 37)
Page 3 of 3
Pplanning Ccommission or the Ccity Ccouncil as to any further determinations to be made with respect
to the project.
(Ord. No. 2122, § 1 (Exh. A), 10-20-2009)
Title 21 - ZONING
Chapter 21.42 SITE AND ARCHITECTURAL REVIEW
Campbell, California, Code of Ordinances Created: 2022-12-01 08:36:05 [EST]
(Supp. No. 37)
Page 1 of 6
Chapter 21.42 SITE AND ARCHITECTURAL REVIEW
21.42.010 Purpose of chapter.
This chapter establishes review procedures and standards for proposed development and new land uses to:
ensure compliance with the required standards, design guidelines, and ordinances of the city; minimize potential
adverse effects on surrounding properties and the environment; implement the goals and policies of the general
plan; and promote the general health, safety, welfare, and economy of the residents of the city. Therefore, it is the
purpose of this chapter to:
A. Enhance the overall appearance of the city by improving the appearance of individual development
projects within the city;
B. Promote open space around structures, for access to and around structures, and the establishment
and maintenance of landscaping for aesthetic and screening purposes;
C. Promote areas of improved open space to protect access to natural light, ventilation, and direct
sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and
recreation;
D. Ensure that new or modified use and development will complement the existing or potential
development of surrounding neighborhoods, and to produce an environment of stable and desirable
character;
E. Ensure that all new development builds on the city's character and does not have an adverse aesthetic
impact upon existing adjoining properties, the environment, or the city in general;
F. Recognize the interdependence of land values and aesthetics and provide a method by which the city
may implement this interdependence to the benefit of its constituents;
G. Promote the use of sound design principles that result in creative, imaginative solutions and establish
structures of quality design throughout the city and which avoid monotony and mediocrity of
development;
H. Further communication between building interiors and their surroundings, and contribute meaning
and visual interest to the pedestrian environment;
I. Recognize that the greater the project (e.g., impact, location, size, etc.), the more important the need
to look at projects in greater detail; and
J. Promote maintenance of the public health, safety, general welfare, and property throughout the city.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.42.020 Site and architectural review permit required.
A. Planning Commission Ssite and Aarchitectural Rreview Ppermit required. No use or structure shall be
constructed, created, enlarged, erected, installed, maintained, or placed on any property in any zoning
district until a Ssite and Aarchitectural Rreview Ppermit 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.C.4
(Administrative authority), or Chapter 21.07 (Housing Development Regulations).
Created: 2022-12-01 08:36:05 [EST]
(Supp. No. 37)
Page 2 of 6
B. Administrative Ssite and Aarchitectural Rreview Ppermit required. An Aadministrative Ssite and
Aarchitectural Rreview Ppermit shall be required for the following:
1. Stealth wireless telecommunication facilities, pursuant to the requirements of Chapter 21.34,
(Wireless Telecommunications Facilities); or
2. Properties located in the R-1-6 zoning district that are subject to the San Tomas Aarea
Nneighborhood Pplan for:
a. Construction of a building or structure on an undeveloped lot,
b. Additions to the existing main residence, except additions that exceed 0.45 FAR which
would require a full Ssite and Aarchitectural Rreview Ppermit by the Planning
Commission.,
c. The conversion of attic space to living area on an existing single-story single-family
residence, and
d. The removal or reconstruction of more than fifty percent of the exterior walls of an
existing single-family residence., and
e. Reconfiguration of existing square footage to increase the number of bedrooms (not
to exceed two (2) additional bedrooms) within an existing dwelling unit.
3. Properties located in the R-1-8 zoning district that are not subject to the San Tomas area
neighborhood planthe Campbell Village Neighborhood Plan, for the construction of a new single-family dwelling, or an addition to an existing single-family dwelling that is seven hundred fifty
(750) square feet or greater in gross floor area or three hundred seventy-five (375) square feet or
greater in gross floor area on a second-story.
C. Exceptions to Ssite and Aarchitectural Rreview Ppermit Pprocess. The following types of projects shall be
exempt from Site and Architectural Review when the No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property listed below until the proposed
project is found to meet the requirements of the applicable zoning district regulations and a zoning
clearance is issued, pursuant to Chapter 21.40, (Zoning Clearances):
1. Properties located in the R-1-6 (Single-Family Residential) zoning district that are not subject to
the San Tomas Aarea Nneighborhood Pplan;
2. Additions to existing single-family residences located on properties in the R-1-8 (Single-Family
Residential) zoning district that are not subject to the San Tomas area neighborhood plan
Campbell Village Neighborhood Plan when all of the following are satisfied:
a. The gross floor area of the addition is less than seven hundred fifty (750) square feet
and less than three hundred seventy-five (375) square feet in gross floor area on a
second-story;
b. The property is not subject to a previously approved site and architectural review
permit (for which minor additions or alterations may be processed under subsection
4. below); and
c. The addition would not result in a "new dwelling using portions of the original
structure" as defined by Chapter 18.32.
3. Properties located in the R-D (Two-Family District) LMDR (Low-Medium Density Residential)
zoning district; and
4. Minor additions or alterations to existing structures and minor changes in plans, as defined by
Section 21.56.060 (Amendments to an approved project), that have previously been approved by
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the Pplanning Ccommission, provided that these minor changes are limited to modification in the
plot plan and elevations that will not substantially change the overall appearance, character, and
scale of the proposed development.;
5. Reconfiguring of existing legal square footage in a single-family dwelling on land zoned for
residential use to increase the number of bedrooms (not to exceed two (2) additional bedrooms)
within an existing dwelling unit; and
6. Projects subject to a permit pursuant to Chapter 21.07 (Housing Development Regulations).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2129, § 1, 6-1-2010; Ord. No. 2213, § 11, 11-1-2016; Ord. No. 2220, § 2(Exh. A-1), 7-18-2017, eff. 8-16-
2017)
21.42.030 Application filing, processing, and review.
A. Filing. An application for a Ssite and Aarchitectural Rreview Ppermit or an Aadministrative Ssite and
Aarchitectural Rreview Ppermit shall be filed with the Ccommunity Ddevelopment Ddepartment in
compliance with Chapter 21.38, (Application Filing, Processing and Fees.)
B. Application contents.
1. Detailed and fully dimensioned information. The application shall be accompanied by detailed and fully
dimensioned site development plan, floor plans, elevations, and/or any other data/materials identified
in the Ccommunity Ddevelopment Ddepartment application for a Ssite and Aarchitectural Rreview
Ppermit or Aadministrative Ssite and Aarchitectural Rreview Ppermit.
2. Site development plan required. A site development plan shall be required to accompany the application. If development is to be carried out in phases or stages, each phase shall be shown on a
master site plan of development.
3. Information required on site development plan. The site development plan shall indicate the site
location and planning of all open spaces and structures to show that the development will be
compatible with the general plan and will aid in the harmonious development of the immediate area.
The plan shall include proposed and/or existing structures with elevations which clearly show
appearance and materials of exterior walls, landscaping, walls or fences used for screening or
separation, design of ingress and egress and off-street parking, and loading facilities.
4. Other information. The Ccommunity Ddevelopment Ddirector or the Pplanning Ccommission may also
require other information, as it considers necessary in order to properly evaluate the proposal.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the
findings required by Sections 21.42.050(B), (Required findings) and 24.42.060(B), (Required findings).
D. Project review procedures. Following receipt of a completed application, the Ccommunity Ddevelopment
Ddirector shall make an investigation of the facts bearing on the project to provide the information
necessary for action consistent with the purpose of this chapter.
E. Notice and hearings.
1. Review by the Pplanning Ccommission. A public hearing shall be required for the Pplanning
Ccommission's decision on a site and architectural review permit application. A public hearing shall be
scheduled once the Ccommunity Ddevelopment Ddirector has determined that the application is
complete. Notice of the public hearing shall be provided, and the hearing shall be conducted in
compliance with Chapter 21.64, (Public Hearings).
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2. Review by the Ssite and Aarchitectural Rreview Ccommittee. The Ssite and Aarchitectural Rreview
Ccommittee shall review all applications for Ssite and Aarchitectural Rreview Ppermits reviewed by the
Pplanning Ccommission and shall make a recommendation to the Pplanning Ccommission regarding
the application. Review by the site and architectural review committee is conducted as a public
meeting which is open to the public. The meeting shall not require radius noticing but shall be
agendized and the agenda shall be posted at City Hall.
3. Review by the Ccommunity Ddevelopment Ddirector. A public hearing shall not be required for the
Ccommunity Ddevelopment Ddirector's decision on an Aadministrative Ssite and Aarchitectural
Rreview Ppermit application. The notice and decision for an Aadministrative Ssite and Aarchitectural
Rreview Ppermit shall be subject to the administrative decision process as prescribed in Chapter 21.71,
(Administrative Decision Process).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.42.040 Considerations in review of applications.
The Ccommunity Ddevelopment Ddirector, the Ssite and Aarchitectural Rreview Ccommittee, and the
Pplanning Ccommission shall consider the following matters, and others when applicable to making the determinations required by this chapter, in their review of Ssite and Aarchitectural Rreview Ppermit and
Aadministrative Ssite and Aarchitectural Rreview Ppermit applications:
A. Considerations relating to traffic safety, traffic congestion, and site circulation:
1. The traffic generated from the development should not have adverse affects on traffic conditions
on abutting streets;
2. The layout of the site should provide adequate vehicular and pedestrian entrances, exit
driveways, and walkways; and
3. The arrangement of off-street parking facilities should prevent traffic congestion and adequately
meet the demands of the users.
B. Considerations relating to landscaping:
1. The location, height, and material of walls, fences, hedges and screen plantings should ensure
harmony with adjacent development and/or conceal storage areas, utility installations, or other
potentially unsightly elements of the project;
2. The project should maximize open space around structures, for access to and around structures,
and the establishment and maintenance of landscaping for aesthetic and screening purposes;
3. The project should maximize areas of improved open space to protect access to natural light,
ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for
privacy, landscaping, and recreation; and
4. The project should minimize the unnecessary destruction of existing healthy trees.
C. Considerations relating to structures and site layout:
1. The project should enhance the overall appearance of the city by improving the appearance of
individual development projects within the city;
2. The project should complement the surrounding neighborhoods and produce an environment of
stable and desirable character;
3. The project should enhance the city's character and should not have an adverse aesthetic impact
upon existing adjoining properties, the environment, or the city in general;
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4. The project should promote the use of sound design principles that result in creative, imaginative
solutions and establish structures of quality design throughout the city and which avoid
monotony and mediocrity of development;
5. The project should promote maintenance of the public health, safety, general welfare, and
property throughout the city; and
6. The project should be consistent with the city's Ggeneral Pplan and all applicable design
guidelines and special plans.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.42.050 Action by community development director.
A. Applications decided by the Ccommunity Ddevelopment Ddirector. The Ccommunity Ddevelopment
Ddirector may review and decide applications for Aadministrative Ssite and Aarchitectural Rreview
Ppermit applications in compliance with the administrative decision process as prescribed in Chapter
27.71, (Administrative Decision Process).
B. Required findings. The Ccommunity Ddevelopment Ddirector shall approve the application if the
following findings have been made:
1. The project will be consistent with the Ggeneral Pplan;
2. The project conforms with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area; and
4. The project is consistent with applicable adopted design guidelines, development agreement,
overlay district, area plan, neighborhood plan, and specific plan(s).
C. Referral to the Ssite and Aarchitectural Rreview Ccommittee. If the Ccommunity Ddevelopment
Ddirector finds that the proposed development will have a substantial effect on the surrounding area or
is of sufficient size to warrant the consideration of the planning commission, the Ccommunity
Ddevelopment Ddirector shall refer the application first to the Ssite and Aarchitectural Rreview
Ccommittee and the planning commission for processing in the same manner as all other applications
for Ssite and Aarchitectural Rreview Ppermit approval.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2225, § 14, 8-15-2017)
21.42.060 Action by planning commission.
A. Time and place agreeable to the applicant. Before the public hearing the Ccommunity Ddevelopment
Ddirector shall arrange with the applicant a time and place of meeting between the applicant and the
Ssite and Aarchitectural Rreview Ccommittee.
B. Required findings. The Pplanning Ccommission shall approve the application if the following findings
have been made:
1. The project will be consistent with the Ggeneral Pplan;
2. The project will be consistent with the Zoning Code;
3. The project will aid in the harmonious development of the immediate area; and
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4. The project is consistent with applicable adopted design guidelines, development agreement,
overlay district, area plan, neighborhood plan, and specific plan(s).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2225, § 15, 8-15-2017)
21.42.070 Conditions and time limits.
The Ccommunity Ddevelopment Ddirector or the Pplanning Ccommission, as applicable, may take the
following actions in approving a Ssite and Aarchitectural Rreview Ppermit:
A. May impose conditions. The decision-making body may impose conditions, as it deems reasonable and
necessary under the circumstances, to carry out the intent of this chapter and the general plan.
B. May impose time limits. The decision-making body may impose time limits within which the conditions
shall be fulfilled and the proposed development started or completed.
C. Valid in ten days. The site and architectural review permit shall become valid ten days following the
date of approval unless appealed, in compliance with Chapter 21.62, (Appeals).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.42.080 Notification of decision.
A. Written notification to applicant. The secretary of the Pplanning Ccommission shall give written notification
of the decision of the Ccommunity Ddevelopment Ddirector or the Pplanning Ccommission to the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all conditions
and time limits imposed by the Ccommunity Ddevelopment Ddirector or the Pplanning Ccommission.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.42.090 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation,
Time Limits and Extensions) shall apply following the decision on a site and architectural review application and
Aadministrative Ssite and Aarchitectural Rreview Ppermit application.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.44 HOME OCCUPATION PERMITS*
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Chapter 21.44 HOME OCCUPATION PERMITS*
* Prior ordinance history: Ord. 2043.
21.44.010 Purpose of chapter.
The purpose of this chapter is to allow for the conduct of home occupations which are deemed incidental to
and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise
conducted by an occupant(s) of the dwelling. A home occupation permit is a ministerial permit that is issued by the
Ccommunity Ddevelopment Ddirector.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.020 Applicability.
The home occupation permit is intended to allow for low-intensity commercial enterprises:
A. Incidental and secondary. That are conducted within a dwelling (exclusive of an attached or detached
garage) located in a residential zoning district, and are clearly incidental and secondary to the use of
the dwelling for residential purposes; and
B. Compatible. That are compatible with the surrounding residential uses.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.030 Allowed home occupations.
A. Where allowed. Home occupations are allowed in all residential zoning districts.
B. Allowed home occupations. Certain commercial enterprises are deemed appropriate when conducted
by the resident(s) of a dwelling in a manner accessory to and compatible with the residential
characteristics of the surrounding neighborhood. For purposes of this chapter the following uses are
deemed compatible with residential activities, and shall be allowed upon issuance of a home occupation
permit:
1. Consulting services. Consulting services whose function is one of rendering a service and does
not involve the dispensation of goods or products;
2. Design services. Drafting, designing, and similar services, using only normal drafting equipment;
3. Salespersons. The home office of a salesperson when all sales are made by mail or internet order,
or similar means, with no commodities or displays on the premises; and
4. Secondary business offices. Secondary business offices where the business has its principal office,
staff, and equipment located elsewhere.
5. Cottage food Operation. Cottage food operations, as defined by Health and Safety Code Section
113758. Cottage food operations are allowed as home occupations when operating in
compliance with the requirements for those operations contained in the California Government
Code and the California Health and Safety Code, as amended. Where the provisions of State law
pertaining to cottage food operations, or state regulations promulgated thereunder, conflict with
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the performance criteria set forth in this section, such state law or regulations shall govern and
control over the criteria set forth in this section. Cottage food operations are limited to the
registered or permitted area by the County of Santa Clara Department of Environmental Health.
C. Incompatible home occupations. The following commercial uses are not incidental to or compatible with
residential activities and are not permitted in residential zoning districts:
1. Barber and beauty shops;
2. Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or
other animals on the premises;
3. Building trades contractor;
4. Seamstress;
5. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing,
etc.), towing services, and painting. (This does not prohibit "mobile" minor repair or detailing at
the customer's location); and
6. Any use not specifically listed in subsection B of this section.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.040 Application filing, processing and review.
A. Filing. An application for a home occupation permit shall be filed with the Ccommunity Ddevelopment
Ddepartment in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
1. Prior to filing an application for a home occupation permit, cottage food operations must first
obtain a cottage food license with the County of Santa Clara Department of Environmental
Health.
B. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the
operating standards required by Section 21.44.060, (Operating standards).
C. Project review procedures. Following receipt of a completed application, the Ccommunity
Ddevelopment Ddirector shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this chapter.
D. No public hearing required. A public hearing shall not be required for the Ccommunity Ddevelopment
Ddirector's decision on a home occupation permit application.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.050 Action by community development director.
A. Approval by Community Development Ddirector. A home occupation permit is a ministerial permit that is
issued by the community development director. The Ccommunity Ddevelopment Ddirector, in concurrence
with the Bbuilding Oofficial, shall approve a home occupation permit that would be operated in compliance
with this chapter and the operating standards identified in Section 21.44.060, (Operating standards).
(Ord. 2070 § 1 (Exh. A)(part), 2006).
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21.44.060 Operating standards.
This section provides locational and operational standards for the conduct of home enterprises that are
incidental to and compatible with surrounding residential uses. Home occupations shall comply with all of the
following standards:
A. No outside employees. No person shall be employed nor shall any assistant or associate be used who is
not residing on the premises, except for cottage food operators where one full-time employee may be
allowed (as stipulated in Section 113758 of the Health and Safety Code).
B. No storage or mechanical equipment. There shall be no use or storage of materials or mechanical
equipment not typically part of a normal household use.
C. Location of home occupation.
1. The home occupation business shall be carried on entirely within a dwelling and not in the yard
surrounding the dwelling, an attached or detached garage or detached accessory structure.
2. No more than one room in the dwelling shall be used for the home occupation(s).
D. No display, sales, or storage. There shall be no retail or wholesale displays, sales, or storage of
merchandise on the premises.
E. Use of commercial vehicles. The home occupation shall not involve the use of commercial vehicles for
delivery of materials to or from the premises in a manner different from normal residential usage,
except for FedEx, UPS, or other third-party home delivery/pick-up services.
F. No utilities or community facilities. The use shall not cause the increased use of utilities or community
facilities beyond that normal to the use of the property for residential purposes.
G. Not alter appearance of dwelling. There shall be no structural alterations for the purpose of conducting
the home occupation, nor shall any decorative change be made on the premises (either by color,
lighting, materials, or signs) of a nonresidential nature.
H. No hazards or nuisances.
1. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor,
smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or
nuisance.
2. Generation of pedestrian or vehicular traffic or parking demand in excess of that customarily
associated with the residential zoning district in which it is located shall not be allowed.
3. Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public
rights-of-way shall not be allowed.
I. Limited to one vehicle. Not more than one vehicle shall be used primarily in conjunction with the home
occupation and the unladen weight of the vehicle shall not exceed five thousand pounds or twenty-two
feet in overall length.
J. Permit nontransferable. A home occupation permit shall be limited to the specific business use for
which it was approved, and shall not be transferable to any other use.
K. Pre-existing home occupations. Home occupations existing at the time this section becomes effective
may be continued for a maximum period of twenty-four months. Thereafter all home occupations shall
be conducted in compliance with this chapter.
L. Appropriate time limits. In approving a home occupation permit, the Ccommunity Ddevelopment
Ddirector may establish time limits deemed appropriate for the subject use.
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M. No clients on premises. No clients or patrons of the business or business operator shall come to the
residence containing the home occupation for the purpose of the conduction of business, except one
pupil at any one time for music instruction is allowed.
N. Business license required. A home occupation shall not be initiated until a current business license is
obtained in compliance with Municipal Code Section 5.01.050, (Application).
O. No advertising. There shall be no form of advertising that identifies the home occupation by street
address.
P. Special conditions. Any special condition(s) established by the Ccommunity Ddevelopment Ddirector
shall be made part of the record of the home occupation permit, as deemed necessary to carry out the
purpose of this chapter.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.070 Inspections.
The Ccommunity Ddevelopment Ddirector shall have the right at any time, upon reasonable notice, to enter
and inspect the premises subject to a home occupation permit in order to verify compliance with the locational
and operational standards identified in Section 21.44.060, (Operating standards) of this chapter.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.44.080 Post decision procedures.
Pursuant to Chapter 21.62, (Appeals) home occupation permits are ministerial and are not appealable.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
Title 21 - ZONING
Chapter 21.45 (TEMPORARY USES)
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Chapter 21.45 (TEMPORARY USES)
Sections:
21.45.010 Purpose of Chapter.
This Chapter establishes allowance for short- and intermediate-term land use activities, commonly known as
temporary uses. Those temporary uses that the City Council has determined would not adversely affect the public
health, safety and welfare are permitted by right without specific City approval. All other temporary uses shall
require approval of a temporary use permit in compliance with this Chapter to ensure the activity will not interfere
with the primary uses authorized for a particular property. It is not the intent of this Chapter to restrict the
reasonable and customary use of private property in a manner that does not interfere with the reasonable use and
enjoyment of other properties.
( Ord. No. 2270 , § 3, 3-16-2021)
21.45.020 Definitions.
The meaning of the terms used in this Chapter shall be as defined by Chapter 21.72 (Definitions). Where a
term is not defined, the most common dictionary definition shall be presumed to be correct as determined by the
community development director.
( Ord. No. 2270 , § 3, 3-16-2021)
21.45.030 Exemptions.
This Chapter shall not apply to the following:
1. Special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit);
2. Property located within an overlay combining zoning district subject to a master use permit authorized
by Section 21.14.030.C (Master use permit);
3. Private events not open to the general public occurring entirely within the interior of a commercial
establishment, conducted in compliance with an existing City land use permit;
4. Fundraising and commercial activities conducted by minor children (e.g., cookie sales, lemonade
stands, etc.);
5. Non-Commercial speech activity protected by the United States or California constitutions (e.g., the
distribution of political or religious materials, initiative/petition signings, voter registration drives, etc.);
and
6. Entertainment performances conducted on private property (e.g., busking, "First Friday" musical
performances, etc.), provided that such performances do not constitute a public nuisance as defined by
Section 6.10.020 (Nuisance conditions).
( Ord. No. 2270 , § 3, 3-16-2021)
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21.45.040 Temporary uses allowed without a permit.
A. Allowed uses. The following temporary uses are permitted by right without the need to obtain a temporary
use permit and without cost, when located on a non- residentially zoned private property, in compliance
with Article 2, (Zoning Districts), subject to the specified general standards.
1. Activity occurring on private property in association with a special event permit approved pursuant to
Chapter 5.50, (Special Events Permit);
2. Beer and wine festivals/walks occurring within the CB-MUC-3 Zoning District, held by a chamber of
commerce or incorporated business association, and subject to issuance of a Daily (Special One-day
Event Permit) from the California Department of Alcoholic Beverage Control;
3. Blood drives;
4. Grand opening and ribbon cutting events sponsored by a chamber of commerce;
5. Halloween pumpkin sales lots occurring from September 1st to October 31st;
6. Holiday tree sales lots occurring from November 1st to December 25th;
7. Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five
parking stalls are utilized for a period of no more than six hours;
8. Placement of on-site construction trailers on a property subject to an active building permit;
9. Placement of up to two cargo containers on a property subject to an active building permit;
10. Sales offices located on a property subject to an active building permit; and
11. Social and/or fundraising events conducted on the property of a public assembly use (as defined by
section 21.72.020.p) for a period not exceeding six hours, provided that such events do not occur more
than twelve times per year.
B. General standards. Temporary uses shall be conducted in compliance with the following general standards:
1. Advanced notice. An individual or organization intending to conduct a temporary use as allowed by this
section shall provide advanced written notice to the community development director forty-eight
hours prior to commencing the temporary use.
2. Hours of operation. All activity, including preparation and clean-up, shall occur between the hours of
six a.m. to eleven p.m.
3. Fire Lanes. Required emergency vehicle access lanes shall not be blocked.
4. Parking lots. Activity within a parking lot shall maintain adequate vehicular or pedestrian circulation.
5. Accessibility. Activities shall be made accessible to individuals with disabilities to the extent required by
State and Federal law.
6. Health and Sanitation. Appropriate health and sanitation facilities shall be provided in accordance with
the standards of the Santa Clara County Department of Environmental Health.
7. Fire Safety. Appropriate permits shall be obtained from the Santa Clara County Fire District for use of
tents and/or open flames.
8. Noise. Regardless of decibel level, and taking into consideration the surrounding noise environment, no
noise shall obstruct the free use of neighboring properties and/or adjacent businesses so as to
unreasonably interfere with the comfortable enjoyment of neighboring residents or employees.
9. Permits. Building permits shall be required as specified by the California Building Code.
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C. Termination. If necessary to protect against an immediate threat to the public peace, health, or safety, the
city manager and authorized designees, including the community development director, chief of police, and
fire chief, may order the immediate termination of the temporary use under the authority granted by
Campbell Municipal Code Section 6.10.150 (Procedure in Case of Emergency).
( Ord. No. 2270 , § 3, 3-16-2021)
21.45.050 Temporary uses allowed by permit.
A. Temporary use permit required. The following temporary uses may be allowed subject to approval of a
temporary use permit when located on a non-residentially zoned property, in compliance with Article 2,
(Zoning Districts).
1. Any activity requiring issuance of a Daily (Special One-day Event Permit) from the California
Department of Alcoholic Beverage Control, except those specified by Section 21.45.030.
2. Art, craft, car, and/or antique shows;
3. Beer and wine festivals/walks (except those occurring within the CB-MUC-3 Zoning District);
4. Fairs and carnivals;
5. Food truck events;
6. Late night holiday business hours;
7. Night markets;
8. Off-site construction staging yards;
9. Outdoor music shows;
10. Placement of cargo containers placed on a property not subject to an active building permit;
11. Short-term valet parking programs;
12. Use of a vacant property subject to an active or approved development application for an interim
activity pending completion of the project; and
13. Other uses determined by the community development director to be of the same general character as
the above uses, in compliance with Section 21.02.020.F (Allowable uses of land).
B. Application filing. An application for a temporary use permit, including the required materials and application
fee, shall be filed with the community development department in compliance with Chapter 21.38,
(Application Filing, Processing and Fees), at least ninety days prior to the date of the proposed temporary
use.
C. Approval authority. The community development director shall review applications for a temporary use
permit, impose conditions of approval, and establish time limits, in compliance with the administrative
decision process as prescribed in Chapter 21.71, (Administrative Decision Process).
D. Findings. An application for a temporary use permit may only be approved if the community development
director finds that:
1. The temporary use is allowable by this Chapter and within the applicable zoning district, upon approval
[of] a temporary use permit;
2. The temporary use would not conflict with restrictions of an existing Conditional Use Permit or similar
entitlement applicable to the subject property;
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3. The temporary use is consistent with the Campbell General Plan and the purpose of this Chapter;
4. The temporary use is compatible with existing land uses on the subject property;
5. The subject property is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the temporary use would be expected to generate;
6. The subject property has adequate parking to reasonably accommodate the demand the temporary
use would be expected to generate; and
7. The conditions and time limits imposed by the community development director are sufficient to
ensure that the temporary use will not, under the circumstances of the particular application, be
detrimental to the health, safety or general welfare of persons residing or working near the subject
property.
E. Duration. Temporary uses authorized by this Chapter shall not be approved to occur for a period exceeding
ninety days within any calendar year, except for the placement of construction trailers, cargo storage
containers, and sales offices on properties subject to an active building permit, which may remain until the
completion of construction activity.
F. Reoccurrence. If requested by the applicant and approved by the community development director, approval
of a temporary use permit may incorporate an allowance for the approved temporary use to reoccur at a
specified interval within a single calendar year (e.g., every Friday, monthly, etc.) without additional approval
by the City or payment of additional fees, subject to compliance with previously established conditions of approval. However, if circumstances have changed, the community development director may still require a
new temporary use permit.
G. Fees. The City Council, by resolution, may adopt a reduced application filing fee for proposed temporary uses
sponsored by a non-profit organization. Other organizations may request use of the reduced application
filing fee if the city manager determines that the proposed temporary use would benefit the public good. The
city manager may refer such requests to the City Council for consideration.
H. Appeals. A decision of the community development director may be appealed within ten calendar days of
the date of the notice of decision, in compliance with Chapter 21.62, (Appeals).
( Ord. No. 2270 , § 3, 3-16-2021)
21.45.060 Other approvals required.
Nothing in this Chapter eliminates the need for obtaining any permit, approval, or entitlement that may be
required to comply with the regulations of any county, regional, State, or Federal agency.
( Ord. No. 2270 , § 3, 3-16-2021)
21.45.070 Recourse.
Where a disagreement with the community development director's application or understanding of this
Chapter occurs, 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.
( Ord. No. 2270 , § 3, 3-16-2021)
Title 21 - ZONING
Chapter 21.46 CONDITIONAL USE PERMITS
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Chapter 21.46 CONDITIONAL USE PERMITS
21.46.010 Purpose of chapter.
A. Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness so that
their effect on the surrounding environment cannot be determined in advance of the use being proposed
for a particular location.
B. Protect the integrity and character of the city. This chapter provides a process for reviewing Cconditional
Uuse Ppermit applications to allow for specified activities and uses as identified in the various zoning
districts as requiring a Cconditional Uuse Ppermit. These provisions are intended to protect the integrity
and character of the residential, commercial, industrial, and mixed-use areas of the city, consistent with
the objectives, policies, general land uses, and implementation programs of the Ggeneral Pplan. This
chapter also ensures adequate review and input for development projects that potentially impact the
community, and adequate review to ensure that development in each zoning district protects the
integrity of that district.
C. Weighing the public need and benefit. A project requiring Cconditional Uuse Ppermit approval is reviewed
as to its location, design configuration, and potential impacts by comparing the project to established
standards. The purpose of the review is to determine whether the permit should be approved by weighing
the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
(Ord. 2043 § 1 (part), 2004).
21.46.020 Conditional use permit required.
A. No use shall be established in any existing structure or on real property, nor shall any structure be
constructed, created, enlarged, erected, installed, or placed on any site for which a Cconditional Uuse
Ppermit is required, in compliance with Article 2, (Zoning Districts), until the Cconditional Uuse Ppermit
has been granted, except as otherwise specified by Section 21.14.030.C.4 (Administrative authority).
(Ord. 2043 § 1 (part), 2004).
(Ord. No. 2213, § 12, 11-1-2016)
21.46.030 Application filing, processing, and review.
A. Filing. An application for a Cconditional Uuse Ppermit shall be filed with the Ccommunity Ddevelopment
Ddepartment in compliance with Chapter 21.38, (Application Filing, Processing and Fees).
B. Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any
other data/materials identified in the Ccommunity Ddevelopment Ddepartment handout for Cconditional
Uuse Ppermit applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the
findings required by Section 21.46.040, (Findings and decision), below.
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D. Project review procedures. Following receipt of a completed application, the Ccommunity Ddevelopment
Ddirector shall make an investigation of the facts bearing on the case to provide the information necessary
for action consistent with the purpose of this chapter.
E. Notice and hearings.
1. A public hearing shall be required for the Pplanning Ccommission's decision on a conditional use permit
application.
2. A public hearing shall be scheduled once the Ccommunity Ddevelopment Ddirector has deemed the
application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with
Chapter 21.64 (Public Hearings).
4. A Notice of Decision shall be provided for Administrative Conditional Use Permits in compliance with
Chapter 21.38 (Application Filing, Processing, and Fees).
(Ord. 2043 § 1 (part), 2004).
21.46.040 Findings and decision.
A. Approval may be granted by the appropriate decision-making body, of an Administrative Conditional Use Permit or Conditional Use Permit application in accordance with this Chapter if all of the following
findings are made: A Conditional Use Permit may be approved, with or without conditions, only if the
Planning Commission (or the City Council, upon appeal) first finds that:
1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit
approval, and complies with all other applicable provisions of this Zoning Code and the Campbell
Municipal Code;
2. The proposed use is consistent with the General Plan;
3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls,
landscaping, parking and loading facilities, yards, and other development features required in order
to integrate the use with uses in the surrounding area;
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate;
5. The design, location, size, and operating characteristics of the proposed use are compatible with the
existing and future land uses on-site and in the vicinity of the subject property; and
6. The establishment, maintenance, or operation of the proposed use at the location proposed will not
be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the city.
(Ord. 2043 § 1 part), 2004).
21.46.050 Site and architectural review.
Applications for Conditional Use Permits that include development plans shall not require a separate site and
architectural review permit application but are subject to site and architectural review in compliance with Chapter
21.42, which is herein incorporated by reference.
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(Ord. 2043 § 1 (part), 2004).
21.46.060 Action by the Community Development Director or Pplanning Ccommission.
In approving an Administrative Conditional Use Permit or Conditional Use Permit application, the
Ccommunity Ddevelopment Ddirector or Pplanning Ccommission (or City Council, upon appeal) may impose
reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site
improvements, which are intended to ensure that:
A. Compliance with findings. The project will comply with all of the findings listed in Section 21.46.040,
above;
B. On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting,
traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable
zoning district; and
C. Time limits. Any time limits on the duration of the use are provided as determined to be necessary by
the Community Development Director or Pplanning Ccommission.
(Ord. 2043 § 1(part), 2004).
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.C (Master use permit):
A. Over concentration of uses. The establishment will not result in an over concentration of these uses in
the surrounding area;
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood; and
D. Not increase demand on services. The establishment will not significantly increase the demand on city
services.
E. Downtown Alcohol Beverage Policy. The establishment would be consistent with the Downtown
Alcohol Beverage Policy, when applicable.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2213, § 13, 11-1-2016; Ord. No. 2266 , § 4, 9-1-2020)
21.46.070 Reserved.
21.46.080 Notification of decision.
A. Written notification to applicant. The Community Development Director secretary of the Planning
Commission shall give written notification of his or her decision or the decision of the Planning Commission
to the applicant.
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B. Shall include conditions and time limits. In the case of approval, the notification shall include all conditions
and time limits imposed by the Community Development Director or the Pplanning Ccommission.
(Ord. 2043 § 1(part), 2004).
21.46.090 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit Implementation,
Time Limits, and Extensions) shall apply following the decision on an Administrative Conditional Use Permit or
Conditional Use Permit application.
(Ord. 2043 § 1(part), 2004).
Title 21 - ZONING
Chapter 21.50 REASONABLE ACCOMMODATIONS
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Chapter 21.50 REASONABLE ACCOMMODATIONS
21.50.010 Purpose of chapter.
It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair
access to housing in the application of its zoning laws. The purpose of this chapter is to provide a process for
making a request for reasonable accommodation. pursuant to the Federal Fair Housing Amendments Act of 1988
and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with
disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to
housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a
procedure for making requests for reasonable accommodation in land use, zoning and building regulations,
policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing
laws.
(Ord. 2043 § 1(part), 2004).
21.50.020 Application filing, processing, and review.
A. Form to be provided by the community development director. Any person who requires reasonable
accommodation, because of a disability, in the application of a zoning law and building regulations which
may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the
community development director.
B. Filed with application for other permit or approval. If the project for which the request is being made also requires some other land use permit or approval, then the applicant shall file the request together with the
application for the permit or approval.
C. Review. The community development director shall issue a written decision on a request for reasonable
accommodation within thirty (30) days of the date of the application and may either grant, grant with
modifications, or deny a request for reasonable accommodation in accordance with the required findings provided by 21.50.040 (Notice of request for accommodation). Exception: If necessary to reach a
determination on the request for reasonable accommodation, the reviewing authority may request further
information from the applicant consistent with fair housing laws, specifying in detail the information that is
required. In the event that a request for additional information is made, the thirty (30) day period to issue a
decision is stayed until the applicant responds to the request.
(Ord. 2043 § 1(part), 2004).
21.50.030 Required information.
The applicant shall provide the following information:
A. Name. Applicant's name, address, and telephone number;
B. Address. Address of the property for which the request is being made;
C. Use of property. The current actual use of the property;
D. Relevant provision or regulation. The Zoning Code provision, regulation, or policy from which
accommodation is being requested; and
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E. Basis for claim. The basis for the claim that the individual is considered disabled under the Fair Housing
Act and why the accommodation is necessary to make the specific housing available to the individual.
(Ord. 2043 § 1(part), 2004).
21.50.040 Notice of request for accommodation.
Written notice that a request for reasonable accommodation shall be given as follows:
A. Mailed to all immediately adjacent property owners. In the event that there is no approval sought
other than the request for reasonable accommodation, the notice shall be mailed to the owners of
record of all properties which are immediately adjacent to the property which is the subject of the
request.
B. Mailed in compliance with Chapter 21.64 (Public Hearings). In the event that the request is being made
in conjunction with some other process, the notice shall be mailed along with the notice of the other
proceeding, in compliance with Chapter 21.64 (Public Hearings).
(Ord. 2043 § 1(part), 2004).
21.50.050 Grounds for accommodation.
The written decision to grant, grant with modifications, or deny a request for reasonable accommodation
shall be consistent with fair housing laws and based on the following factors:
A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used
by an individual with disabilities protected under fair housing laws;
B. Whether the requested accommodation is necessary to make housing available to an individual with
disabilities protected under the fair housing laws;
C. Whether the requested accommodation would impose an undue financial or administrative burden on
the jurisdiction; and
D. Whether the requested accommodation would require a fundamental alteration in the nature of the
jurisdiction’s land use and zoning or building program.
In making a determination regarding about the reasonableness of a requested accommodation, the following
factors shall be considered:
A. Special needs. Special need created by the disability;
B. Potential benefit. Potential benefit that can be accomplished by the requested modification;
C. Potential impacts. Potential impact on surrounding uses;
D. Physical attributes. Physical attributes of the property and structures;
E. Alternative accommodations. Alternative accommodations which may provide an equivalent level of
benefit;
F. A single housekeeping unit. In the case of a determination involving a single-family dwelling, whether
the household would be considered a single housekeeping unit if it were not using special services that
are required because of the disabilities of the residents;
G. Imposition of financial or administrative burden. Whether the requested accommodation would
impose an undue financial or administrative burden on the city.
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(Ord. 2043 § 1(part), 2004).
21.50.060 Notice of proposed decision.
A. Notice of decision. Notice of the proposed decision shall be made in the same manner as provided in Section
21.50.040 (Notice of Request for Accommodation), above. Such notice shall inform property owners that
within 10 days of the date the notice is mailed, any person may make a written request for a community
development director's hearing.
B. Decision shall become final. If no request for hearing is received, the proposed decision shall become a final
community development director's decision.
C. Community development director's hearing. If someone requests a hearing, the community development
director shall conduct a hearing on the request for reasonable accommodation at which all reasonable
evidence and credible testimony shall be considered.
(Ord. 2043 § 1 (part), 2004).
21.50.070 Notice of community development director's decision.
A. Decision notice. The community development director shall issue a notice of decision either granting the
request, including any reasonable conditions, or disapproving the request after the required noticing period
has ended or a community development director's hearing has been held.
B. Notice shall contain findings. The notice of decision shall contain the community development director's
factual findings, conclusions, and reasons for the decision.
C. Mailing of notice. The notice of decision shall be mailed in the same manner as identified in Section
21.50.040 (Notice of Request for Accommodation), above.
(Ord. 2043 § 1(part), 2004).
21.50.080 Appeal to planning commission.
A. May appeal within thirty (30)10 days. Within thirty (30)10 days after the notice of community development
director's decision, any person may appeal in writing to the planning commission in compliance with Chapter
21.62 (Appeals).
B. Grounds for appeal. All appeals shall contain a statement of the grounds for the appeal in compliance with
Chapter 21.62 (Appeals).
C. Other remedies. Nothing in this section shall preclude an aggrieved individual from seeking any other state
or federal remedy available.
(Ord. 2043 § 1(part), 2004).
21.50.090 Information identified as confidential.
Any information identified by an applicant as confidential shall be retained in a manner so as to respect the
privacy rights of the applicant and shall not be made available for public inspection.
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21.50.100 Deemed granted.
If the reviewing authority fails to render a written decision on the request for reasonable accommodation
within the thirty (30) day time period allotted, the request shall be deemed granted.
Title 21 - ZONING
Chapter 21.54 ADMINISTRATIVE RESPONSIBILITY
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Chapter 21.54 ADMINISTRATIVE RESPONSIBILITY
21.54.010 Purpose of chapter.
This chapter describes the authority and responsibilities of City staff and appointed officials in the
administration of this Zoning Code.
(Ord. 2043 § 1(part), 2004).
21.54.020 Planning Agency defined.
As provided by State law (Government Code Section 65100), the Campbell City Planning Commission, Historic
Preservation Board, Site and Architectural Review Committee, Community Development Director, and Community
Development Department shall perform the functions of a Planning Agency.
(Ord. 2043 § 1(part), 2004).
21.54.030 Planning Commission.
A. Appointment. The seven member Campbell Planning Commission is appointed and serves in compliance with
Municipal Code Chapter 2.24 (Planning Commission).
B. Duties and authority. The Planning Commission shall perform the duties and functions prescribed by
municipal code Chapter 2.24 (Planning Commission) and the duties and functions prescribed in Article 4
(Land Use/Development Review Procedures), and other applicable provisions of this Zoning Code.
(Ord. 2043 § 1(part), 2004).
21.54.040 Historic Preservation Board.
A. Appointment. The five member Historic Preservation Board is appointed and serves in compliance with
Municipal Code Chapter 2.38.
B. Community Development Director's role.
1. The Community Development Director or designee shall act as secretary to the Board and shall be the
custodian of its records, conduct official correspondence, and generally supervise the clerical and
technical work of the Board in administering Chapter 21.32, (Tree Protection Regulations).
2. The Community Development Director shall assist and staff the Board.
(Ord. 2113 § 1(C), 2008: Ord. 2043 § 1(part), 2004).
(Ord. No. 2117, § 1A, 12-8-2008)
21.54.050 Site and Architectural Review Committee.
A. Establishment. The Campbell Site and Architectural Review Committee, referred to in this Zoning Code as the
"Committee," is established.
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B. Appointment and membership. The Site and Architectural Review Committee shall consist of two members
of the Planning Commission to be appointed by, and to serve at the discretion of, the chairperson of the
Planning Commission.
C. Appointment of an architectural advisor.
1. An architect or licensed building designer shall be appointed by the Planning Commission to serve as an
advisor to the Site and Architectural Review Committee.
2. The advisor shall serve at the discretion of the Planning Commission for a period of twelve months.
D. Appointment of an Historic Preservation Advisor.
1. An Historic Preservation Board member shall be appointed by the Historic Preservation Board to serve
as an advisor to the Site and Architectural Review Committee for projects involving a City of Campbell
listed historic resource.
2. The Advisor shall serve at the discretion of the Historic Preservation Board for a period of twelve
months.
E. Duties and authority. It shall be the duty of the Site and Architectural Review Committee to review all
applications for site and architectural approval (other than administrative site and architectural approval) as
required by this zoning code and to make reports and recommendations on each application to the Planning
Commission. The Site and Architectural Review Committee shall not review any projects subject to Chapter
21.07 (Housing Development Regulations), Chapter 21.30 (Signs), or Appeals (21.62).
(Ord. 2113 § 1(D), 2008: Ord. 2043 § 1(part), 2004).
21.54.060 Community Development Director.
A. Appointment. The Community Development Director is appointed and serves in compliance with Chapter
2.08, (Officers) and Section 2.08.120, (Community Development Director) of the Municipal Code.
B. Duties and authority. The Community Development Director shall perform the duties prescribed in Municipal
Code Section 2.08.120, (Community Development Director) and shall:
1. Have the responsibility to perform all of the functions designated by state law (Government Code
Section 65103 [Planning Agency Functions]); and
2. Perform the duties and functions prescribed in this Zoning Code.
C. Supervision. The responsibilities of the Community Development Director may be temporarily delegated to a
designated Community Development Department staff person as follows:
1. Except where otherwise provided by this Zoning Code, the responsibilities of the Community
Development Director may also be carried out by Community Development Department staff under
the supervision of the Community Development Director; and
2. When the Community Development Director designates a Community Development Department staff
person to act in place of the Community Development Director, the staff person shall perform the
duties assigned by the Community Development Director in addition to those listed in subsection B of
this section, as appropriate to the personnel title of the staff designee.
(Ord. 2043 § 1(part), 2004).
Title 21 - ZONING
Chapter 21.56 PERMIT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS
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Chapter 21.56 PERMIT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS
21.56.010 Purpose of chapter.
This chapter provides requirements for implementing or "exercising" the permits or entitlements approved
in compliance with this Zoning Code, including time limits, and procedures for granting amendments and
extensions of time.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.56.020 Effective date of permits.
A. Discretionary decisions by community development director or planning commission. Discretionary decisions
made by the community development director or the planning commission shall become effective on the
eleventh calendar day following the date a decision is rendered, unless an appeal is filed in compliance with
Chapter 21.62, (Appeals). Time limits will extend to the following City Hall working day where the last of the
specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. A
decision shall be considered rendered as follows:
1. Decisions made by the community development director. When a permit, including plans and
conditions is approved by the community development director; or
2. Decisions made by the planning commission following a public hearing. When a resolution is adopted
by the planning commission without changes or with changes that are read into the record, if
applicable.
B. Ministerial permits. Ministerial community development director decisions shall be effective immediately
upon being stamped and signed by the community development director, or his/her designee.
C. Decisions by City Council.
1. Development agreements and amendments to this Zoning Code and the zoning map shall become
effective on the thirtieth day following the adoption of an ordinance by the City Council.
2. A general plan amendment shall be effective on the thirtieth day following the adoption of a resolution
by the City Council.
3. A resolution adopted by the City Council, without changes or with changes that are read into the
record, shall be effective immediately following the decision.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.56.030 Permit time limits and extensions.
A. Permit time limits.
1. Shall expire in twelve months. To ensure continued compliance with the provisions of this chapter,
each approved permit shall expire twelve months after its effective date set by Section 21.56.020,
(Effective date of permits), of this section or other date specified in the permit or approval, if the
project has not been established on the site. Time extensions may be granted in compliance with subsection C of this section.
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2. Failure to establish project. If the project authorized by a permit has not been established within the
required time, and a time extension is not granted, the permit shall expire and be deemed void,
without any further action by the city.
3. Phasing.
a. Where the permit or approval provides for development in two or more phases or units in
sequence, the permit or approval shall not be approved until the decision-making body has
approved the final phasing plan for the entire project site. The project applicant shall not be
allowed to develop one phase in compliance with the pre-existing base zoning district and then
develop the remaining phases in compliance with this section, without prior decision-making
body approval.
b. Pre-approved phases.
(1) If a project is to be built in pre-approved phases, each subsequent phase shall have twelve
months from the previous phase's date of establishment to the next phase's date of
establishment to have occurred, unless otherwise specified in the permit or approval, or
the permit or approval shall expire and be deemed void, without any further action by the
city.
(2) If the application for the permit or approval also involves the approval of a tentative map,
the phasing shall be consistent with the tentative map and the permit or approval shall be
established before the expiration of the companion tentative map.
B. Project established. An approved project shall be deemed to have been established when:
1. Issuance of building permit. A building permit has been issued; or
2. Commencement of use. An approved use that did not require construction has commenced and has
been diligently continued, including issuance of a business license, if applicable; or .
3. Recordation of a map. A map required by the Subdivision Map Act related to the project has been filed
and recorded.
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.C.10
(Extensions).
D. Decision-making body.
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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 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.C.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).
E. Public notice for extensions. Notice of a requested permit extension that requires approval by the planning
commission or City Council shall be given in compliance with Chapter 21.64, (Public Hearings).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2213, §§ 15, 16, 11-1-2016)
21.56.040 Performance Guarantees.
A. Guarantee faithful performance. The applicant or owner may be required by a permit's conditions of
approval or by action of the community development director to provide adequate security to guarantee the
faithful performance of any or all conditions of approval imposed by the decision-making body.
B. Reasonable amount of security. The community development director shall set the amount of the required
security at a level that is reasonable in relation to the specific conditions being guaranteed.
(Ord. 2070 § 1 (Exh.A) (part), 2006: Ord. 2043 § 1 (part), 2004).
21.56.050 Issuance of building permits.
Building permits for a project that is required to be authorized through the approval of a land use permit in
compliance with this Zoning Code may be issued only after:
A. Appeal period has expired. The appeal period provided by Chapter 21.62, (Appeals) has expired
without an appeal being filed, or an appeal has been concluded by the appeal body approving the
project; and
B. All conditions of approval have been completed. All conditions of approval prerequisite to construction
have been completed, or the community development director has authorized their deferral on the
basis of a performance guarantee (see Section 21.56.040, Performance guarantees, of this chapter).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.56.060 Amendments to an approved project.
An approved development or new land use shall be established only as specified by the approved land use
permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved
permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.
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A. Minor changes. Minor changes may be approved, modified, or denied by the community development
director.
B. Community development director's determination. The community development director shall
determine whether a proposed change is minor or major.
C. Minor changes. The community development director may authorize minor changes to an approved
site plan and elevations that will not change the overall character of the proposed development, and
only if the changes:
1. Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the
original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a negative declaration or environmental impact report for the
project,
b. A basis for conditions of approval for the project, or
c. A specific consideration by the decision-making body (e.g., the community development
director, planning commission or City Council) in granting the permit or approval.
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.C (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.
E. Legacy Permits. Legacy permits, including Planned Development Permits and Administrative Planned Development Permits, may not be amended and must be revoked in accordance with Section
21.68.030 (Permit revocation) in order to be modified in accordance with current zoning regulations.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2213, § 17, 11-1-2016)
21.56.070 Permits to run with the land.
Except for a home occupation permit, any land use permit or approval granted in compliance with the
provisions of this Zoning Code shall run with the land and continue to be valid upon a change of ownership of the
business, parcel, service, structure, or use that was the subject of the permit application.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.56.080 Resubmittals.
A. Resubmittals prohibited within twelve months. For a period of twelve months following the date of denial of
a discretionary permit, approval, or amendment, no application for the same or substantially similar
discretionary permit, approval, or amendment for the same site shall be filed, except if the denial was
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without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances to an
extent that further consideration is deemed warranted.
B. Denial without prejudice. There shall be no limitation on subsequent applications for a site on which a
project was denied without prejudice.
C. Community development director's determination. The community development director shall determine
whether the new application is for a discretionary permit, approval, or amendment which is the same or
substantially similar to the previously approved or denied permit, approval, or amendment.
D. Appeal. The determination of the community development director may be appealed to the planning
commission, in compliance with Chapter 21.62, (Appeals).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.58 NONCONFORMING USES AND STRUCTURES
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Chapter 21.58 NONCONFORMING USES AND STRUCTURES
21.58.010 Purpose of chapter.
A. Purpose. This chapter establishes regulations for legal nonconforming uses and structures. These are uses
and structures within the city that were lawfully established and constructed before the adoption or
amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under
the current terms of this Zoning Code or future amendments thereto.
B. Intent. It is the intent of this chapter to limit the number and extent of nonconforming structures by
prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by prohibiting their
restoration after destruction. Eventually, all nonconforming structures are to be eliminated or altered to
conform to the zoning district standards in which they are located.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
21.58.020 Applicability.
A. Nonconforming uses and structures. Nonconforming uses and structures within the city may continue to be
used, and may be altered, maintained, expanded, reconstructed, or replaced only as allowed by this chapter.
B. City properties. Any property with a nonconforming structure owned in whole or in part by the city of
Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or
extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be
construed to require the discontinuance, or removal of a city-owned nonconforming structure.
C. Status of designated cultural resource. Designated cultural resources shall not be considered nonconforming
or illegal for purposes of maintenance and upkeep.
D. Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable provisions of
the Municipal Code or the Santa Clara County regulations when originally established, are in violation of this
Zoning Code and are subject to the provisions of Chapter 21.70, (Enforcement). This chapter does not grant
any right to continue the use or occupancy of property containing an illegal use or structure, or any use or
structure that was not legally created.
E. Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a public
nuisance, appropriate action may be taken by the city, in compliance with Municipal Code Chapter 6.10,
(Nuisance Abatement and Property Maintenance Regulations), or other applicable provisions of law.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
21.58.030 Definitions.
Nonconformities are defined as follows:
"Nonconforming structures" means a structure the size, dimensions or location of which was lawful prior to
the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or
amendment to conform to the current requirements of this Zoning Code.
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"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment
of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current
use regulations for the zoning district in which it is located. Existing residential uses that do not fall between the
minimum or maximum density range of their assigned General Plan land use designation(s) shall not be considered
a nonconforming use.
"Nonconformity upon annexation" means a use, structure, or parcel that legally existed in the
unincorporated territory and after annexation does not comply with the provisions of this Zoning Code.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
21.58.040 Restrictions on nonconforming uses.
A. Purpose. This section is intended to limit the number and extent of nonconforming uses by prohibiting
expansion, enlargement, or intensification, re-establishment after abandonment, alteration of the structures
they occupy, and restoration after destruction.
B. Continuation of Use.
1. The nonconforming use of a structure, lawfully established before the enactment of rezoning,
reclassification, or change of regulations, may be continued only in compliance with the provisions of
this chapter.
2. Notwithstanding anything contained in this chapter to the contrary, any motor vehicle repair facility
that is nonconforming with regard to the requirements of Section 21.36.140, (Motor vehicle repair
facilities), shall come into compliance with all applicable regulations of Section 21.36.140 of this title
within twenty-four months of the latter of:
a. The effective date of the ordinance codified in this chapter adopting this provision; or
b. The date that the use became nonconforming. Nothing contained in subsection (B)(2) of this
section shall be construed as prohibiting a lawfully established motor vehicle repair facility that is
presently nonconforming solely due to the fact that it is not currently a permitted use in the
zoning district in which is located from continuing to operate so long as the use complies with the
operational requirements of Section 21.36.140 of this title.
3. Any late-night activity nonconforming with regard to the requirements of Chapters 21.08 through
21.14 Section 21.12.030(G)(1)(d) (Administrative planned development permit required) requiring an
administrative planned development permit, shall come into compliance by obtaining an
administrative planned development permit subject to Section 21.12.030 (Planned development
zoning district) within twenty-four months of the effective date of the City Council oOrdinance 2093 or
by obtaining a Conditional Use Permit subject to Section 21.46 (Conditional Use Permits) within
twenty-four months of the effective date of City Council oOrdinance 2002codified in this chapter
adopting this provision.
C. Change in Use.
1. The nonconforming use of a site or structure may be changed to a use of the same or more restricted
classification as determined by the community development director.
2. Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it shall not
thereafter be changed to a use of greater intensity.
D. Enlargement or Expansion Prohibited. A nonconforming use shall not be enlarged or increased to occupy a
greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use.
E. Discontinued Use.
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1. A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous
period of at least twelve months shall not be re-established on the site and further use of the structure
or parcel shall comply with all of the regulations of the applicable zoning district and all other
applicable provisions of this Zoning Code.
2. Evidence of abandonment shall include, but is not limited to, the actual removal of equipment,
furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the
previously connected utilities, or where there are no business receipts/records available to provide
evidence that the use is in continual operation.
F. Nonconforming Use of Land. The nonconforming use of land, on which no main structure is located, which
was lawfully established before the enactment of zoning, rezoning, reclassification, or change of regulations,
may be continued for a period of not more than five years from when it first became nonconforming;
provided:
1. No nonconforming use of land shall in any way be expanded or extended either on the same or
adjoining property.
2. The nonconforming use of land may be changed to a use of the same or lesser intensity (as determined
by the community development director) but where the nonconforming use of land is changed to a use
of lesser intensity it shall not thereafter be changed to a use of greater intensity.
3. A nonconforming use of land that is abandoned or discontinued for a continuous period of at least twelve months shall not be re-established. Any further use of the site thereafter shall comply with all
applicable provisions of this Zoning Code.
G. Nonconforming Due to Lack of Conditional Use Permit. A use that is nonconforming due to the lack of a
conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area
occupied by the use, hours of operation, type or intensity of use). Any change shall require conditional use
permit approval.
H. Previous Conditional Use Permits in Effect. A use that was established with conditional use permit approval
but is a use no longer allowed by this Zoning Code within the applicable zoning district may continue in
operation, but only in compliance with all of the provisions of the original conditional use permit. If the
conditional use permit specified a termination date, the use shall be discontinued in compliance with that
termination date.
I. Nonconformance Due to Reclassification. The foregoing provisions of this Zoning Code shall also apply to
uses and structures which thereafter become nonconforming due to any reclassification of zoning districts, in
compliance with Chapter 21.60, (Amendments) or any subsequent change in the regulations of this chapter;
provided, where a period of years is specified in this section for the removal of nonconforming uses or
structures the period shall be computed from the date of the reclassification or change.
(Ord. 2093 § 1(part), 2007; Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
21.58.050 Restrictions on nonconforming structures.
A. Purpose. This section is intended to limit the number and extent of nonconforming structures by prohibiting
their being altered, enlarged, or moved, and by prohibiting their restoration after destruction. Eventually, all
nonconforming structures are to be altered or eliminated to conform to all applicable provisions of this
Zoning Code.
B. Continuation of structure. A nonconforming structure, lawfully constructed before the enactment of
rezoning, reclassification, or change of regulations may be continued only in compliance with the provisions
of this chapter.
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C. Maintenance, repairs and minor alterations. Except as otherwise provided in this chapter, a nonconforming
structure may be maintained, repaired, and minor alterations made; provided no structural alterations shall
be made except those required by law or ordinance.
D. Additions, enlargements and moving.
1. A nonconforming structure shall not be added to or enlarged in any manner, except as identified in
subsection F of this section.
2. A structure that does not comply with the height or area regulations shall not be added to or enlarged
in any manner, except as identified in subsection F of this section.
3. A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided the
required additional parking spaces are provided, in compliance with Chapter 21.28, (Parking and
Loading).
4. No nonconforming structure shall be moved in whole or in part to any other location on the parcel
unless every portion of the structure is made to conform to all applicable provisions of this Zoning
Code.
E. Reconstruction after damage or destruction. A nonconforming structure that is involuntarily damaged or
partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy,
clearly beyond the control of the property owner, may be reconstructed in compliance with the building
code, only as follows:
1. Cost does not exceed seventy-five percent. A nonconforming structure which is involuntarily damaged
or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of
the cost of construction of a comparable new structure (as determined by the building official) may be
restored or reconstructed; provided, the restoration is started within twelve months of the date of
damage, and the restoration is completed within twelve months thereafter;
2. Cost exceeds seventy-five percent. In the event the cost to repair the damage or destruction exceeds
seventy-five percent of the cost of construction of a comparable new structure (as determined by the
building official) no repairs or reconstruction shall be made unless every portion of the structure is
made to conform to all applicable provisions of this Zoning Code;
3. Exceeds seventy-five feet in height. In compliance with the intent of Section 21.18.050, (Exceptions to
height provisions), and notwithstanding any provisions to the contrary, a nonconforming structure that
equals or exceeds seventy-five feet in height shall be allowed to be reconstructed or restored if it
becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in
subsection (E)(1) of this section.
4. Residential structures.
a. Nonconforming single- and multi-family residential dwelling units involuntarily damaged or
destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s)
using the same development standards of the zoning title that applied to the damaged or
destroyed structure(s) (e.g., building envelope and footprint standards) at the time that it was
originally constructed or modified.
b. A complete application for reconstruction shall be submitted within twelve months of the date of
damage, reconstruction shall be commenced within one hundred eighty days of land use
permit/building permit approval, and must be diligently pursued to completion.
c. The new construction shall comply with current building and fire code requirements.
F. Exceptions. The following exceptions apply to all lawfully constructed structures, including accessory
dwelling units:
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1. Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning
districts in which it is located may be added to or enlarged in compliance with the following criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback requirements; and
e. When required by Chapter 21.42 (Site and architectural review) the decision-making body
approving the site and architectural review permit for the addition or enlargement finds that the
addition or enlargement will not be detrimental to the public health, safety, or general welfare of
persons residing in the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures subject to the San Tomas Area Plan and located in the San
Tomas area may be added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained at the community
development department.
d. In the case of conflict between the San Tomas neighborhood plan policy "E" and the requirements contained in this chapter, policy "E" of the plan shall prevail for projects subject to
the San Tomas Area Plan.
3. Campbell Village Neighborhood Plan.
a. Extensions along existing non-conforming building walls as provided by the Campbell Village
Neighborhood Plan.
b. The Campbell Village Neighborhood Plan is incorporated herein by reference.
c. The map outlining the boundaries of the Campbell Village Neighborhood Plan is maintained at
the community development department.
d. In the case of conflict between the Campbell Village Neighborhood Plan and the requirements
contained in this chapter, the Campbell Village Neighborhood Plan shall prevail.
G. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce
unreinforced masonry structures or to comply with building code requirements shall be allowed without the
cost limitations identified in subsection E of this section; provided the retrofitting and code compliance are
limited exclusively to compliance with earthquake safety standards and other applicable building code
requirements, including the applicable provisions of state law (e.g., Title 24, California Code of Regulations,
etc.).
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004; Ord. No. 2225, § 16, 8-15-2017; Ord. No. 2252 , §
15, 11-19-2019; Ord. No. 2286 , § 15, 8-16-2022)
Title 21 - ZONING
Chapter 21.60 AMENDMENTS (GENERAL PLAN, ZONING CODE, AND ZONING MAP AMENDMENTS)
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Chapter 21.60 AMENDMENTS (GENERAL PLAN, ZONING CODE, AND ZONING
MAP AMENDMENTS)
21.60.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for processing and reviewing the following
amendments, whenever the public necessity, convenience, and the general welfare require the amendment:
A. General Plan. General plan amendment that may include revisions to, goals, policies, actions, land use
designations, or text;
B. Zoning Code. Zoning code amendment that may modify any procedures, provisions, requirements, or
standards, applicable to the development, and/or use of property within the City; and
C. Zoning Map. Zoning map amendment that has the effect of rezoning property from one zoning
classification to another.
(Ord. 2043 § 1(part), 2004)
21.60.020 Initiation of amendment.
A. General Plan. An amendment to the General Plan may be initiated only by the City Council or City Manager.
B. Zoning Code. An amendment to this Zoning Code may be initiated only by, the City Council, City Manager,
Community Development Director, or the pPlanning cCommission.
C. Zoning Map. An amendment to the Zzoning Mmap may be only initiated by the City Council, City Manager,
Community Development Director, the pPlanning cCommission, by a written application of a person having a
legal or equitable interest in the subject property, or by a majority of the property owners when an area is
being considered for amendment.
(Ord. 2043 § 1(part), 2004)
21.60.030 Application filing, processing, and review.
When initiated by a property owner(s) or an interested party, application filing, processing, and review for
the amendment shall be conducted in the following manner:
A. Filing. An application for an amendment shall be filed with the community development department in
compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)
B. Contents. The application shall be accompanied by detailed data and materials identified in the
community development department handout for amendment applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the
findings required by Section 21.60.070 (Findings and Decision), below.
D. Project review procedures. Following receipt of a completed application, the community development
director shall make an investigation of the facts bearing on the case to provide the information
necessary for action consistent with the purpose of this chapter.
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E. General Plan and Zoning Map Amendments. Where an amendment to the General Plan and/or Zoning
Map will introduce, or change, a residential or mixed-use land use designation or zoning district
designation, an amendment to the Form-Based Zoning Map (FBZM) as set forth in Chapter 21.07 shall
be required.
(Ord. 2043 § 1(part), 2004)
21.60.040 Notice and hearings.
A. Public hearing required. Public hearings shall be required for the planning commission's recommendation
and the City Council's decision on an amendment application.
B. Determination of completeness. The public hearing shall be scheduled once the community development
director has deemed the application complete.
C. Notice and conduct of hearing. Notice of the public hearing shall be provided, and the hearing shall be
conducted in compliance with Chapter 21.64 (Public Hearings).
(Ord. 2043 § 1(part), 2004)
21.60.050 Planning Ccommission action on amendments.
A. Planning Ccommission recommendation. The Pplanning Ccommission shall make a written recommendation
to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based
on the findings contained in Section 21.60.070 (Findings and Decision), below.
B. Planning commission resolution. The recommendation shall be by resolution carried by the affirmative vote
of the majority of the planning commission.
C. Transmittal within 40 days. The resolution shall be transmitted to the City Council within 40 days after its
date of adoption.
(Ord. 2043 § 1(part), 2004)
21.60.060 City Ccouncil action on amendments.
A. City council's action on amendment. Upon receipt of the planning commission's recommendation, the City
Council shall approve, approve in modified form, or deny the proposed amendment based on the findings
contained in Section 21.60.070 (Findings and Decision), below.
B. Referral to planning commission. If the City Council proposes to adopt a substantial modification to the
amendment not previously considered by the planning commission during its hearings, the proposed
modification shall be first referred back to the planning commission for its recommendation, in compliance
with State law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Code/Map
Amendments]).
C. Failure to report back to the City Council. Failure of the planning commission to report back to the City Council within 45 days for General Plan amendments or 40 days for Zoning Code/map amendments after the
referral, or within a longer time set by the City Council, shall be deemed a recommendation for approval of
the modification.
(Ord. 2043 § 1(part), 2004)
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21.60.070 Findings and decision.
A. Findings for General Plan Amendments. An amendment to the General Plan may be approved only if all of
the following findings are made:
1. The amendment is deemed to be in the public interest;
2. The amendment is consistent and/or compatible with the rest of the General Plan;
3. The potential impacts of the amendment have been assessed and have been determined not to be
detrimental to the public health, safety, or welfare; and
4. The amendment has been processed in accordance with the applicable provisions of the California
Government Code, the California Environmental Quality Act (CEQA), and the City’s Municipal Code.
1. The proposed amendment is internally consistent with the goals, policies, and actions of the General
Plan; and
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience,
or general welfare of the city; and
3. If applicable, the parcel is physically suitable (including absence of physical constraints, access,
compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.
B. Findings for Zoning Code and Zoning Map Amendments. An amendment to this Zoning Code or the zoning
map may be approved only if the decision-making body first makes the following findings, as applicable to
the type of amendment.
1. Findings required for all Zoning Code and zoning map amendments:
a. The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, overlay district, area plans, neighborhood plans, and
specific plan(s); and
b. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the city.
2. Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent
with other applicable provisions of this Zoning Code.
3. Additional Finding for Zoning Map Amendments. The parcel is physically suitable (including absence of
physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the
requested zoning designation(s) and anticipated land uses/project.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2225, § 17, 8-15-2017)
21.60.080 Notification of decision.
The city clerk shall give written notification of the decision of the City Council to the applicant.
(Ord. 2043 § 1(part), 2004).
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21.60.090 Interim ordinance.
A. Adoption of an urgency measure. The City Council may take appropriate action to adopt an urgency
measure, as an interim ordinance, in compliance with State law (Government Code Section 65858).
B. Prohibiting uses in conflict with recommendations. If the community development department or the
planning commission in good faith is conducting, or resolves to conduct, studies within a specified time for
the purpose of holding a hearing(s) in order to provide recommendations to the City Council related to the
adoption or amendment of this Zoning Code, or in the event that new property may be annexed to the city,
the City Council, in order to protect the public health, safety, and welfare, may adopt as an urgency measure
a temporary interim ordinance prohibiting uses which may be in conflict with the adopted or amended
Zoning Code.
(Ord. 2043 § 1(part), 2004)
21.60.100 Prezoning.
A. Prezoning of unincorporated property. The city may prezone unincorporated property adjoining the city for
the purpose of determining the zoning that will apply to the property in the event of subsequent annexation
to the city.
B. Procedures for prezoning. The procedures for accomplishing the prezoning shall be as provided by this
chapter for a zoning map amendment for property within the city.
C. Effective date. The zoning shall become effective at the same time that the annexation becomes effective.
(Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.62 APPEALS
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Chapter 21.62 APPEALS
21.62.010 Purpose of chapter.
This chapter provides procedures for filing appeals of determinations or decisions rendered by the
Ccommunity Ddevelopment Ddirector or the Pplanning Ccommission.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
21.62.020 Appeals from administrative decisions.
A. Appeal of Ccommunity Ddevelopment Ddirector’s or city official's interpretation. The applicant or any
other interested party may file an appeal to the Pplanning Ccommission from an administrative
interpretation made by the Ccommunity Ddevelopment Ddirector or any city official in compliance with
this Zoning Code.
B. Appeal of Ccommunity Ddevelopment Ddirector’s decisions. The applicant or any other interested party
may file an appeal to the Pplanning Ccommission from any of the following decisions made by the
Ccommunity Ddevelopment Ddirector:
1. Administrative Conditional Use Permits;
2. Administrative Pplanned Ddevelopment Ppermits;
3. Administrative Ssite and Aarchitectural Rreview Ppermits;
4. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority);
5. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative);
authority);
6. Fence Eexceptions;
7. Notice of Iintent to record;
8. Parking Mmodification Ppermits;
9. Reasonable Aaccommodation;
10. Temporary Uuse Ppermits; and
11. Tree Rremoval Ppermits.;
12. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative
authority); and
13. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority).
C. Appeal filed with the Ccommunity Ddevelopment Ddepartment. The appeal shall be filed with the
Community Ddevelopment Ddepartment and accompanied by a filing fee in compliance with the city's
schedule of fees and charges, no part of which is refundable.
D. Ministerial actions. Ministerial actions granting or denying a building permit, zoning clearance, home
occupation permit, or any other ministerial action pursuant to this Zoning Code are final and not subject to
appeal.
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(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 18, 11-1-2016; Ord. No. 2270
, § 17, 3-16-2021)
21.62.030 Appeals from decisions of the Pplanning Ccommission.
A. Appeal of Planning Commission Decision. The applicant or any other interested party may file an appeal to
the City Council from any decision of the Pplanning Ccommission rendered in compliance with this Zoning
Code.
B. Appeal Filed with the City Clerk. The appeal shall be filed with the Ccity Cclerk and accompanied by a filing
fee in compliance with the city's schedule of fees and charges, no part of which is refundable.
C. Council Initiated Review: Notwithstanding any other provision of this section, the City Council may review
any decision of the Pplanning Ccommission as follows:
1. The City Council may initiate the review by vote of a majority of its members at any time prior to the
expiration of the appeals period set forth in Section 21.62.040;
2. The review shall be treated the same as an appeal, except that no application need be filed with the
Ccity Cclerk.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2143, § 1, 2-15-2011)
21.62.040 Filing and processing of appeals.
A. Timing and form of appeal.
1. Appeals shall be submitted in writing and filed with the Ccommunity Ddevelopment Ddepartment or
Ccity Cclerk within ten days after the date the Ccommunity Ddevelopment Ddirector or the Pplanning
Ccommission renders the decision, respectively.
2. The number of days shall be construed as calendar days. Time limits will extend to the following City
Hall working day where the last of the specified number of days falls on a weekend, holiday, or other
day when City Hall is officially closed.
3. Appeals shall be accompanied by the filing fee set by the city's schedule of fees and charges, no part of
which is refundable.
B. Effect of filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the
effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on
the decision being appealed except as allowed by the outcome of the appeal.
C. Required statement and evidence.
1. Applications for appeals shall include a statement specifying the basis for the appeal and the specific
aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to
mitigate potential project impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
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D. Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant,
by first class United States mail or comparable delivery service, postage prepaid, to the address listed on the
application within seven days of its filing.
E. Report and scheduling of hearing.
1. When an appeal has been filed, the Ccommunity Ddevelopment Ddirector shall prepare a report on the
matter, and schedule the matter for consideration by the appropriate appeal body, with notice
provided in compliance with subsection F of this section.
2. All appeals shall be considered in public hearings.
3. The city may consolidate hearings on all timely filed appeal applications for the same project.
F. Notice requirements.
1. Public notice for a hearing on an appeal shall be provided in the same manner as required for the
decision being appealed.
2. The content of the notice shall comply with Chapter 21.64, (Public Hearings).
G. Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the
Ccity Cclerk with the signatures of all persons who originally filed the appeal.
H. Decision shall be final after ten days. Any determination or decision not appealed within the ten-day period
shall be final.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2169, § 5(Exh. D), 6-4-2013)
21.62.050 Action on appeals.
A. Action. At the hearing, the decision-making body may consider any issue involving or related to the matter
that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the
proceedings with one of the following actions.
1. Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action
that is the subject of the appeal.
2. Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt additional
conditions of approval involving or related to the subject matter of the appeal.
3. Deny the permit. Deny the permit approved by the previous decision-making body, even though the
appellant only requested a modification or elimination of one or more conditions of approval.
4. Referral. If new or different evidence is presented in the appeal, the Pplanning Ccommission or City
Council, may, but shall not be required to, refer the matter back to the Ccommunity Ddevelopment
Ddirector or Pplanning Ccommission, as applicable, for further consideration. Any new evidence shall
relate to the subject of the appeal.
5. Required findings. The appeal body shall make the required findings in support of its final action.
B. Deadlock Vote.
1. By Pplanning Ccommission. In the event an appeal from an action of the Ccommunity Ddevelopment
Ddirector results in a deadlock vote by the Pplanning Ccommission, the determination, interpreting
decision, judgment, or similar action of the Ccommunity Ddevelopment Ddirector shall be recognized
as final, unless appealed to the City Council.
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2. By City Council. In the event that an appeal from an action of the Pplanning Ccommission results in a
deadlock vote by the City Council, the action of the Pplanning Ccommission shall become final.
C. Effective Date of Decision.
1. Final action by Pplanning Ccommission. An action of the Ccommunity Ddevelopment Ddirector
appealed to the Pplanning Ccommission shall not become effective until the time for an appeal to the
City Council has expired without an appeal.
2. Final action by City Council. An action of the Pplanning Ccommission appealed to the City Council shall
not become effective until final action by the City Council.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).
(Ord. No. 2143, § 1, 2-15-2011)
21.62.060 Exhaustion of appeals.
A. Except as provided in subsection B of this section, no action challenging a decision made pursuant to this title
may be commenced unless all of the appeals afforded under this title have been exhausted.
B. Notwithstanding subsection A, no one shall be required to exhaust the appeal rights afforded under this title
prior to commencing an action to challenge any decision that violates free speech rights protected by the
First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
(Ord. No. 2143, § 1, 2-15-2011)
Title 21 - ZONING
Chapter 21.64 PUBLIC HEARINGS
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Chapter 21.64 PUBLIC HEARINGS
21.64.010 Purpose of chapter.
A. This chapter provides procedures to be followed by the city in noticing public hearings.
B. When public notice is required, it shall be given as provided by this chapter, whether or not this Zoning Code
requires a public hearing.
C. By following these procedures, it is intended that interested individuals and groups will be aware of the
proposals under consideration and may offer their input into the decision-making process.
(Ord. 2043 § 1(part), 2004)
21.64.020 Notice of hearing.
When a land use permit, amendment, or appeal, or other matter requires a public hearing, the public shall
be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094,
and 66451.3 and Public Resources Code 21000 et seq.), or as otherwise required in this Zoning Code.
In the event of a conflict between the provisions of this chapter and other provisions in this Zoning Code, the
provisions of this chapter shall prevail.
A. Content of Notice. Notice of a public hearing shall include:
1. Date, Time, and Place. The date, time, and place of the hearing; the name of the hearing body; a
general explanation of the matter to be considered; a general description, in text or by diagram,
of the location of the property that is the subject of the hearing; and the phone number of the
community development department for additional information; and
2. Environmental Document. If a proposed negative declaration or final environmental impact
report has been prepared for the project in compliance with the CEQA guidelines, the hearing
notice shall include a statement that the hearing body will also consider granting the proposed
negative declaration or certification of the final environmental impact report.
B. Method of Notice Distribution. Notice of a public hearing required by this chapter for a land use
permit, amendment, or appeal shall be given as follows, as required by State law (Government Code
Sections 65090 and 65091):
1. Publication. Notice shall be published at least once in a local newspaper of general circulation in
the city at least ten days before the hearing;
2. Mailing. Notice shall be mailed first class at least ten days before the hearing to the following:
a. Applicant and Owner. The applicant and the owner of the property being considered, or
the owner's agent at the address shown on the application form;
b. Local Agencies. Each local agency expected to provide water, schools, or other essential
facilities or services to the project, whose ability to provide the facilities and services may
be significantly affected;
c. Surrounding Property Owners. All owner(s), as shown on the last equalized assessment roll
adopted by the County of Santa Clara before the date the application was filed, of the
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parcels of land which either in their entirety or in part are situated within 300 feet of any
part of the parcel(s) of land which is the subject of the application. Notice to the owners
shall be sent to their addresses as shown on the assessment roll; and
d. Persons Requesting Notice. Any person who has filed a written request for notice with the
community development director and has paid the fee set by the current city's schedule of
fees and charges for the notice.
C. Zoning Code Text Amendments. For public hearings involving a Zoning Code text amendment where no
specific properties are the subject of the application, notice shall be given as prescribed in Subsection
B. (Method of notice distribution) above, with the exception of subparagraph B. 3., (or B. 2. c.) mailing
of notices to all property owners within 300 feet of the subject property.
D. Posting in a public place. A notice shall be posted in a public place in the offices of the city at least
three days before the hearing.
E. Alternative notice. If the number of property owners to whom notice would be mailed is greater than
one thousand, the community development director, in lieu of mailed or delivered notice, may provide
notice by placing a display advertisement of at least one-eighth page in a newspaper of general
circulation in the city in compliance with State law (Government Code 65091).
F. Additional notice. In addition to the methods of noticing required by Subsection b. above, the
community development director may provide any additional notice using any distribution method
(e.g., the internet) that the community development director determines is necessary or desirable.
G. Official responsible for preparing notices.
1. Planning commission public hearings. The community development director shall prepare all
notices for planning commission public hearings.
2. City council public hearings. The city clerk shall prepare all notices for City Council public
hearings.
(Ord. 2043 § 1(part), 2004)
21.64.030 Failure to mail or receive notice.
Failure of the community development director or city clerk to mail a notice required by this chapter or the
failure of any person to receive the notice shall not affect, in any way whatsoever:
A. Validity of any proceeding. The validity of any proceedings taken under this chapter;
B. Any action or decision. Any action or decision of the community development director, planning
commission, or City Council made or taken in any proceedings; or
C. Proceeding with the hearing. The planning commission or City Council from proceeding with any
hearing at the time and place identified in the notice.
(Ord. 2043 § 1(part), 2004)
21.64.040 Hearing procedure.
A. Holding of hearing. Public hearings as provided for in this chapter shall be held at the time and place for
which notice has been given in compliance with this chapter.
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B. Hearing may be continued. A hearing may be continued without additional mailed notice, provided that the
chairperson announces the time and place to which the hearing will be continued, before the adjournment
or recess.
(Ord. 2043 § 1(part), 2004)
21.64.050 Record of decision.
A. Timing of decision. The decision-making body may announce and record the decision at the conclusion of a
scheduled hearing, or defer action, take specified items under advisement, and continue the hearing.
B. Contents of record.
1. Findings and monitoring requirements. The record of the decision-making body shall contain applicable
findings, all conditions and time limits, and the reporting or monitoring requirements deemed
necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
2. Mailing of record. Following the hearing, the record of the decision shall be mailed to the applicant at
the address shown on the application.
a. Official responsible for preparing the notification to the applicant.
(1) The secretary of the planning commission shall give written notification of the action (e.g.,
recommendation or decision) of the planning commission to the applicant.
(2) The city clerk shall give written notification of the decision of the City Council to the
applicant.
b. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits, and the reporting or monitoring requirements deemed necessary to
mitigate any impacts and protect the public health, safety, and welfare of the city.
(Ord. 2043 § 1(part), 2004)
21.64.060 Finality of decision.
The decision of the community development director or planning commission is final unless appealed in
compliance with Chapter 21.62 (Appeals).
(Ord. 2043 § 1(part), 2004)
21.64.070 Recommendation by planning commission.
A. Planning commission's recommendation. At the conclusion of a public hearing on a proposed amendment to
the General Plan, this Zoning Code, the zoning map, or a development agreement the planning commission
shall forward a recommendation, including all required findings, to the City Council for final action.
B. Mailing of recommendation. Following the hearing, a notice of the planning commission's recommendation
shall be mailed to the applicant in compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).
(Ord. 2043 § 1(part), 2004)
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21.64.080 Record of City Council decision.
A. City council's action. For applications requiring City Council approval, the City Council shall announce and
record its decision at the conclusion of the public hearing.
B. Findings and monitoring requirements. The record of the decision shall contain the findings of the City
Council, any conditions of approval, and reporting or monitoring requirements deemed necessary to mitigate
any impacts and protect the public health, safety, and welfare of the city.
C. Mailing of decision. Following the hearing, a notice of the decision shall be mailed to the applicant in
compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).
(Ord. 2043 § 1(part), 2004)
21.64.090 Notices in the San Tomas Area.
A. Notices in Compliance with Section 21.64.020. Notices of public hearings for a General Plan or zoning map
amendment within the San Tomas area shall be given as specified in Section 21.64.020 (Notice of Hearing),
above.
B. On-Site Posting of Notice. In addition, a notice containing the time, place, and general purpose of the hearing
shall be posted on the subject parcel(s) at least 10 days before the hearing for applications involving a
specific parcel(s).
C. San Tomas Map. The map outlining the boundaries of the San Tomas area is available at the community
development department.
(Ord. 2043 § 1(part), 2004)
Title 21 - ZONING
Chapter 21.68 REVOCATIONS AND MODIFICATIONS
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Chapter 21.68 REVOCATIONS AND MODIFICATIONS
21.68.010 Purpose of chapter.
This chapter provides procedures for securing punitive revocation or modification of previously approved
permits and entitlements.
(Ord. 2043 § 1(part), 2004)
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 overlay combining zoning district subject to a master use
permit authorized by section 21.14.030.C (Master use permit), no further land use approvals shall be granted
until all proceedings under this chapter have concluded or the instigating violation has been resolved.
(Ord. 2043 § 1(part), 2004).
(Ord. No. 2213, § 22, 11-1-2016)
21.68.030 Permit revocation.
A permit may be revoked by the decision-making body that originally approved the permit, or the decision-
making body currently authorized to grant such a permit, if any one of the following findings can be made:
A. Circumstances under which the permit was granted have been changed by the city or applicant to a
degree that one or more of the findings contained in the original permit can no longer be made in a
positive manner, and/or the public convenience, health, interest, safety, or welfare require the
revocation;
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B. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the permit;
C. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
D. The improvement authorized in compliance with the permit is in violation of a code, law, ordinance,
regulation, or statute of the city, State, or Federal governments; or
E. The improvement or use allowed by the permit has become detrimental to the public health, safety, or
welfare or the manner of operation constitutes or is creating a nuisance, as determined by the
decision-making body.
(Ord. 2043 § 1(part), 2004)
21.68.040 Permit modification.
A. Effect of Modification.
1. The city's action to modify a permit, rather then to revoke it, shall have the effect of changing the
operational aspects of the permit.
2. The changes may include the operational aspects related to buffers, duration of the permit, hours of operation, landscaping and maintenance, lighting, noise, odors, parking, performance guarantees,
property maintenance, signs, surfacing, traffic circulation, and similar aspects.
B. Required findings. A land use permit and any of its conditions of approval may be modified by the decision-
making body that originally approved the permit, without the consent of the property owner or operator, if
the decision-making body first determines that:
1. Circumstances under which the permit was granted have been changed by the applicant to a degree
that one or more of the findings contained in the original permit can no longer be made in a positive
manner, and the public convenience, health, interest, safety, or welfare require the modification;
2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the permit;
3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
4. The improvement authorized in compliance with the permit is in violation of a code, law, ordinance,
regulation, or statute of the city, State, or Federal governments; or
5. The improvement or use allowed by the permit has become detrimental to the public health, safety, or
welfare or the manner of operation constitutes or is creating a nuisance, as determined by the
decision-making body.
(Ord. 2043 § 1(part), 2004)
21.68.050 Variance revocation or modification.
A variance may be revoked or modified by the decision-making body which originally approved the
application, if any one of the following findings can be made.
A. Findings for revocation.
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1. Special circumstances applicable to the property upon which the variance was granted have been
changed by the applicant to a degree that one or more of the findings contained in the original
approval can no longer be made in a positive manner, and the grantee has not substantially
exercised the rights granted by the approval;
2. The variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the Variance; or
3. One or more of the conditions of the variance have not been met, or have been violated, and the
grantee has not substantially exercised the rights granted by the approval.
B. Findings for modification.
1. Special circumstances applicable to the property upon which the variance was granted have been
changed by the applicant to a degree that one or more of the findings contained in the original
approval can no longer be made in a positive manner, and the grantee has substantially exercised
the rights granted by the approval;
2. One or more of the conditions of the variance have not been met, or have been violated, and the
grantee has substantially exercised the rights granted by the approval; or
3. The conditions of approval are found to be inadequate to mitigate the impacts of the project
allowed by the variance.
(Ord. 2043 § 1 (part), 2004).
Title 21 - ZONING
Chapter 21.71 ADMINISTRATIVE DECISION PROCESS
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Chapter 21.71 ADMINISTRATIVE DECISION PROCESS
21.71.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for processing and reviewing discretionary permits
through a staff level administrative decision process. By following these procedures, it is intended that interested
individuals and groups will be aware of the proposals under consideration by the Ccommunity Ddevelopment
Ddirector and may offer their input into the decision-making process.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.71.020 Approval authority and process.
A. Approval authority. The Ccommunity Ddevelopment Ddirector is the approval authority for the following
discretionary permits processed through the administrative decision process:
1. Administrative Conditional Use Permits;
2. Administrative Housing Development Project Permit;
3. Administrative planned development permits;
4. Administrative Ssite and Aarchitectural Rreview Ppermits;
5. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority).;
6. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative
authority); and
7. Fence Eexceptions;
8. Temporary Uuse permits; and
9. Tree Removal Permits;
10. Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative
authority); and
11. Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority).
B. Notice. Excepting applications for a Ttree Rremoval Ppermit filed in compliance with Chapter 21.32, (Tree
Protection Regulations), the Ccommunity Ddevelopment Ddirector shall mail a notice to owners of record
within a three hundred-foot (300) radius of the subject property indicating that an application has been filed
with the Ccommunity Ddevelopment Ddepartment. The notice shall be mailed a minimum of ten (10)
calendar days before a decision is rendered. The notice shall provide a brief description of the project, the
project location, and the starting and ending dates for the ten calendar day (10) comment period during
which the city will receive comments on the project. The notice shall also require that any comments
submitted from any interested individuals or groups shall be submitted to the planning division in writing
prior to the end of the given comment period.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
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(Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2169, § 4(Exh. C), 6-4-2013; Ord. No. 2213, § 14, 11-1-2016; Ord.
No. 2270 , § 18, 3-16-2021)
21.71.030 Findings and decision.
An application may be approved only if all the applicable findings located in each respective chapter relating
to each type of application are made by the Ccommunity Ddevelopment Ddirector.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.71.040 Conditions and time limits.
The Ccommunity Ddevelopment Ddirector may take the following actions in approving an application:
A. May impose conditions of approval. The Ccommunity Ddevelopment Ddirector may impose conditions
of approval, as deemed reasonable and necessary under the circumstances, to carry out the intent of
this chapter and the general plan.
B. May impose time limits. The Ccommunity Ddevelopment Ddirector may impose time limits within which the conditions of approval shall be fulfilled and the proposed development started or
completed.
C. Valid in ten (10) calendar days. The decision shall become valid ten (10) calendar days following the
date of approval in compliance with Chapter 21.56, (Permit Implementation, Time Limits, and
Extensions) unless appealed, in compliance with Chapter 21.62, (Appeals).
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.71.050 Notification of decision.
A. Written notification to applicant. Written notification of the decision of the Ccommunity Ddevelopment
Ddirector shall be provided to the applicant following a decision.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all conditions
and time limits imposed by the Ccommunity Ddevelopment Ddirector.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
21.71.060 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation,
Time Limits, and Extensions) shall apply following the decision.
(Ord. 2070 § 1 (Exh. A)(part), 2006).
Title 21 - ZONING
Chapter 21.72 DEFINITIONS
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Chapter 21.72 DEFINITIONS
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 permit). 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.
(Ord. 2043 § 1 (part), 2004).
(Ord. No. 2213, § 25, 11-1-2016)
21.72.020 Definitions of specialized terms and phrases.
The following "land use" definitions are in alphabetical order.
A. DEFINITIONS, "A."
"Accessory structure" means a structure that is physically detached from any other structure and,
subordinate to, a main building occurring on the same lot and which satisfies the provisions of Section
21.36.020 (Accessory structures). Examples of such structures include sheds, garages, gazebos, arbors, trellises,
and pergolas. No structure designed, intended, or used for dwelling purposes, containing a sleeping quarters,
or a kitchen, shall be considered an accessory structure. Fences, retaining walls, and garages and carports
attached to a dwelling unit, are excluded from this definition. whose use is clearly incidental to that of the main
structure and which does not contain sleeping quarters, a kitchen or storage for commercial motor vehicles in
excess of a three-quarter-ton size. Accessory structures shall comply with the provisions of Section 21.36.020.
"Addition" means any construction which increases the size of a building or facility in terms of site
coverage, height, length, width, or gross floor area.
"Adult day care facilities" means facilities of any capacity that provide programs for frail elderly and
developmentally disabled and/or mentally disabled adults in a day care setting. The establishments shall be
licensed by the State of California Department of Social Services.
"Alley" means a passageway that affords a secondary means of access to abutting property and not
intended for general traffic circulation.
"Alteration, structural" means any change in either the supporting members of a building, such as
bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior
walls.
"Alternative fuels and recharging facilities" means a commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric
powered vehicles.
"Ambulance service" means a commercial facility where ambulances are stored, and from which
ambulances and emergency personnel are dispatched to emergencies.
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"Ancillary retail uses serving industrial uses" means the retail sales of various products within an
industrial area for the purpose of serving the employees and businesses.
"Apartment" means a single structure or complex of multiple structures incorporating five or more
living units that are independent of each other with each one having a kitchen and direct access to the
outside or to a common hall. Does not include "Rooming and Boarding Houses," "Townhouse,"
"Condominiums," "Duplex," "Triplex," or "Fourplex."
"Arcades" means establishments providing three or more arcade machines within an indoor
amusement and entertainment facility. Two or less arcade machines are not considered a land use separate
from the primary use of the site. This land use does not include arcade games or other activities located
within private entertainment facilities.
"Artisan products, small-scale assembly" means commercial establishments manufacturing and/or
assembling small products primarily by hand, including jewelry, ceramics, quilts, and other small glass and
metal arts and crafts products.
Assembly Use. (See "Public assembly use").
"Assisted living facilities" means a special combination of housing, supportive services, personalized
assistance, and health care designed to respond to the individual needs of those who need help with
activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities,
with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. The
facilities shall be licensed by the State of California Department of Social Services.
"Automated teller machines (ATM's)" means a pedestrian-oriented machine used by bank and financial
service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without
contact with financial institution personnel. The machines may be located at or within banks, or in other
locations, in compliance with this Zoning Code.
B. DEFINITIONS, "B."
"Banks and financial services" means financial institutions including:
1. Banks and trust companies;
2. Credit agencies;
3. Holding (but not primarily operating) companies;
4. Lending and thrift institutions;
5. Other investment companies;
6. Securities/commodity contract brokers and dealers;
7. Security and commodity exchanges;
8. Vehicle finance (equity) leasing agencies.
But "Banks and financial services" does not include "Check cashing or Payday lending.
"Banquet facilities" means a facility or hall available for lease by private parties and engaged in
providing single event-based food services (e.g., graduation parties, wedding receptions, business or
retirement luncheons, trade shows, etc.) The facility may have equipment and vehicles to transport meals
and snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are
included in this industry. Does not include restaurants ("Restaurants").
"Basement" means a space in a structure that is partly or wholly below grade and where the vertical
distance from grade to a finished floor directly above such space is less than or equal to two feet. If the
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finished floor directly above the space is more than two feet above grade at any point, such space shall be
considered a story, and the entire space shall be included in the calculation of gross floor area. As used in this
definition, the term "grade" shall mean finished grade adjacent to the exterior walls of the structure. Light
wells and exterior stairwells for basements shall meet any required setbacks.
Figure 6-1
Basement
When the vertical distance ("A") is less than or equal to two feet from grade to the finished floor directly
above, then the space described by "A" and "B" combined is considered a basement.
"Bay window" means a window or series of windows jutting out from the wall of a building and forming
an alcove that does not contain a walkable surface or living area constituting part of a floor.
"Bed and breakfast inn" means a residential structure with one family in permanent residence with up
to five bedrooms rented for overnight lodging, where meals may be provided. A bed and breakfast room
with more than five guest rooms is considered a hotel or motel. Does not included room rental in a
"Boarding house" situation ("rooming and Boarding houses").
"Bedroom" means any habitable area, within a dwelling, with an area not less than 70 square feet,
designed as and meeting the standards of a sleeping area as described by California Building Code section
1208.3.
"Beer and wine festivals/walks" means a fair, exhibition, ceremony, art show, program, celebration, or
other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer
or wine. Beer and wine festivals shall comply with the provisions of Chapter 21.45 (Temporary Uses).
"Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings,
architectural plans, maps, or other images by blueprinting, photocopying, or other methods of duplication.
Does not include printing and publishing services ("printing and publishing") or other business support
services ("business support services").
"Bookstore" means a retail establishment primarily engaged in the sale, rental, or other charge-for-use
of books, magazines, newspapers, and other printed conveyed information or media, excluding sexually
oriented bookstores as defined in Campbell Municipal Code Section 5.55.020 (Definitions).
"Building" means any structure having a roof supported by columns or walls and intended for any
shelter, housing or enclosure of any individual, animal, process, equipment, goods, use, occupancy, or
The picture can't be displayed.
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materials. When any portion of a structure is completely separated from every other portion of the structure
by a masonry division or firewall without any window, door or other opening and the masonry division or
firewall extends from the ground to the upper surface of the roof at every point, such portion shall be
deemed to be a separate building.
"Building Height" means the vertical distance from the lowest finished grade adjacent to the building to
the building's highest roof surface.
"Building wall height" means the vertical distance (to be used for the purpose of determining setbacks)
from the finished grade adjacent to the building to the highest point of the roof surface for a flat roof, top of
the deck line for a mansard roof, top of the plate height for a hipped roof, and the mean height level
between the eave and the ridge for a gabled or gambrel roof.
Hipped Roof
Gabled Roof
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Flat Roof
Mansard Roof
Figure 6-2
Building Wall Height
"Business support services" means establishments primarily within structures, providing other
businesses with services including maintenance, repair, and service, testing, rental, etc., also includes:
1. Business equipment repair services (except vehicle repair);
2. Commercial art and design (production);
3. Computer-related services (rental, repair);
4. Copying and quick printing services;
5. Equipment rental businesses within structures;
6. Film processing laboratories;
7. Heavy equipment repair services where repair occurs on the client site;
8. Janitorial services;
9. Mail advertising services (reproduction and shipping);
10. Other "heavy service" business services;
11. Outdoor advertising services;
12. Photo developing/finishing/printing;
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13. Protective services (other than office related);
14. Rental, repairs and distribution of office or business equipment;
15. Soils and materials testing laboratories;
16. Window cleaning.
C. DEFINITIONS, "C."
Cafe. See "restaurants."
"Caretaker/employee housing" means a structure constructed to residential occupancy standards in
compliance with the Uniform Building Code that is accessory to a nonresidential primary use and required for
security, or 24-hour care or supervision. Caretaker/employee housing shall comply with the provisions of
Section 21.36.040.
"Carport" means an accessory structure or portion of a main structure designed for the shelter or
storage of automobiles and having a permanent roof and open on at least two sides.
"Cat Boarding facilities" means the keeping of cats for overnight or extended periods of time for
commercial purposes.
"Cat and dog day care facilities" means facilities that provide nonmedical care and supervision of cats
and/or dogs for periods of less than twenty-four consecutive hours per day. Does not include overnight stays
("Cat Boarding facilities" or "Dog Boarding facilities").
"Cat and dog grooming facilities" means facilities where cats and dogs are bathed, clipped, or combed
for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Includes self-
service cat- and dog-washing facilities where the customers provide the labor.
"Catering businesses" means a use, independent of a restaurant, which involves the preparation and
delivery of food and beverages for off-site consumption.
"Catering businesses," only when ancillary to a restaurant, means an ancillary use to a restaurant,
which involves the preparation and delivery of food and beverages for off-site consumption. No additional
vehicles or equipment (e.g. outside barbeques) are permitted to be stored on-site.
"Cemeteries" means establishments engaged in subdividing property into cemetery lots and offering
burial plots or air space for sale. Also includes animal cemeteries, cinerarium, columbarium, and mausoleum
operations.
"Check cashing" means a business that serves only to exchange cash or money orders for checks from a
third party.
"Chemical products manufacturing" means manufacturing establishments that produce or use basic
chemicals and establishments creating products predominantly by chemical processes. Establishments
classified in this major group manufacture three general classes of products: (1) basic chemicals including
acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including
dry colors, pigments, plastic materials, and synthetic fibers; and (3) finished chemical products to be used for
ultimate consumption including cosmetics, drugs, and soaps; or to be used as materials or supplies in other
industries, including explosives, fertilizers, and paints.
"Child day care facilities" means facilities that provide non-medical care and supervision of minor
children for periods of less than twenty-four consecutive hours per day. These facilities include the following,
all of which are required to be licensed by the California State Department of Social Services:
1. "Family child day care homes, large" means a day care facility located in a residence where an
occupant of the residence provides care and supervision for seven to twelve children. A large
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family day care home may provide care for two additional children (up to a maximum of fourteen
children) in compliance with Section 1597.46 of the Health and Safety Code. Children under the
age of ten years who reside in the home count as children served by the day care facility. Large
family child day care homes shall comply with the provisions of Section 21.36.060 (Child Care
Facilities) and Section 21.36.070 (Large Family Child Care Homes).
2. "Family child day care homes, small" means a day care facility located in a single-family residence
where an occupant of the residence provides care and supervision for six or fewer children. A
small family day care home may provide care for two additional children (up to a maximum of
eight children) in compliance with Section 1597.44 of the Health and Safety Code. Children under
the age of ten years who reside in the home count as children served by the day care facility.
Small family child day care homes shall comply with the provisions of Section 21.36.060 (Child
Care Facilities).
3. "Commercial child day care centers" means a commercial or non-profit child day care facility not
operated as a small or large child day care home. Includes infant centers, preschools, sick child
centers, and school-age day care facilities. These may be operated in conjunction with a business,
school, or religious facility, or as an independent land use. Commercial child day care centers
shall comply with the provisions of Section 21.36.080.
"Clothing products manufacturing" means manufacturing establishments producing clothing, and
fabricating products by cutting and sewing purchased textile fabrics, and related materials including furs,
leather, plastics, and rubberized fabrics. Custom tailors and dressmakers not operating as a factory and not
located on the site of a clothing store ("Retail stores, general merchandise") are instead included under
"Personal services, general."
"Collection container" means a drop-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 eighty-four cubic
feet.
"Collection container, large" means a collection container that occupies more than eighty-four cubic
feet.
"Columbarium, Crematorium, Mausoleum"
"Columbarium" means a structure or building substantially exposed above ground intended to be used
for the interment of the cremated remains of a deceased person or animal.
"Crematorium" means a location containing properly installed, certified apparatus intended for use in
the act of cremation.
"Mausoleum" means a structure containing aboveground tombs.
"Commercial child day care center." See "Child care facilities."
"Commercial schools" means an establishment providing specialized trade or vocational classes as a
part of a certificate or degree granting program, including but not limited to various construction trades, the
practice of law, auto mechanics, and real estate licensure.
"Community/cultural/recreational centers" means multi-purpose meeting and recreational facilities
typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor barbecue
facilities, that are available for use by various groups for activities including dances, meetings, parties,
receptions, exhibits, etc.
"Community apartment project" means an undivided interest in land coupled with the right to
exclusive occupancy of the apartment located on the land.
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"Community housing project" means and includes any of the following: a condominium development,
a community apartment project, a membership association, or a stock cooperative.
"Common lot" means a parcel of land that is owned and maintained by a homeowners association or
other entity responsible for managing and maintaining the shared improvements and facilities within a
subdivision. Common lots are governed by a set of rules and regulations, known as the Covenants,
Conditions, and Restrictions (CC&Rs), which outline the rights and responsibilities of the homeowners
association and individual property owners.
"Condominiums" means a development where undivided interest in common in a portion of real
property is coupled with a separate interest in space called a unit, the boundaries of which are described on
a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or
any combination thereof, and need not be physically attached to any land except by easements for access
and, if necessary, support.
"Conservation or natural resource land" means land that possesses or encompasses conservation or
natural resources.
"Conservation of natural resource" means and includes, but is not necessarily limited to ground water,
natural vegetation, recharge, soils, special land forms, streams, watersheds, and wildlife habitat as defined
below.
"Construction equipment rentals" means retail establishments renting heavy construction equipment,
including cranes, earth moving equipment, heavy trucks, etc.
"Contractor's equipment yards" means storage yard operated by, or on behalf of a contractor for
storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of
business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and
structures for uses including offices and repair facilities.
"Convalescent/rest homes," also known as nursing homes, means these are facilities licensed by the
California State Department of Health Services. These facilities house one or more individuals in a single
room with bathroom facilities and provide intensive medical and nursing care, including twenty-four hour
availability of licensed nursing personnel. Residents are often convalescing from serious illness or surgery
and require continuous observation and medical supervision, or will reside in the facility as a long-term
resident. Does not include residential care facilities ("Residential Care Facilities") or assisted living facilities
("Assisted Living Facilities").
"Convenience markets/stores" means an establishment that includes the retail sale of food, beverages,
and small personal convenience items, primarily for off-premises consumption and typically found in
establishments with long or late hours of operation and in a relatively small building; but excluding
delicatessens and other specialty food shops and also excluding establishments which have a sizeable
assortment of fresh fruits and vegetables and fresh-cut meat. These stores can be part of a gasoline station
or an independent facility.
"Conversion" means a proposed change in the ownership of a parcel of land, together with the existing
attached structures, to a community housing project, regardless of the present or prior use of the land and
structures and or whether substantial improvements have been made to the structures.
"Conversion, commercial converted from residence" means a structure or use originally designed,
constructed, or intended for residential use that is converted to a commercial use.
"Conversion, industrial converted from residence" means a structure or use originally designed,
constructed, or intended for residential use that is converted to an industrial use.
"Covered area" means the total horizontal area within a lot that is covered or partially covered by
structures, buildings, beams, slats, or projections when viewed from above. Covered area does not include
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cornices, eaves, sills, canopies, bay windows, and chimneys cumulatively measuring less than 30-inches in
depth as measured to the outside surface of exterior walls, or any basements, ground level paving, pools,
spas and decks, landscape features, or light wells.
D. DEFINITIONS, "D."
"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue
intended to allow patrons to dance and/or listen to live entertainment, as defined by Section 5.24.010(b).
Does not include non-commercial expressive activity protected by the United States or California
constitutions or the listening of recorded music without a dancing venue.
"Density bonuses" means a density bonus, as defined by California Government Code Section 65915 et
seq., is an increased residential density of up to twenty-five percent over the maximum density allowed
under the General Plan land use diagram which is granted to an owner/developer of a housing project
agreeing to construct a prescribed percentage of units to lower income households (e.g., very-low, low-,
and/or moderate) or restricted housing types (e.g., senior housing) as set forth by the statute very low,
and/or low income dwelling units and/or senior housing units.
"Department store" means a retail store offering a full line of general merchandise items.
"Detached" means any structure that does not have a wall and roof in common with another structure.
"Dog Boarding facilities" means the keeping of dogs for overnight or extended periods of time for
commercial purposes. May include ancillary dog grooming for customers.
"Drive-in theater" means a theater providing a large outdoor movie screen where patrons view the
movie from the comfort of their private motor vehicles.
"Drive-in/drive-in service" means the act of serving food and beverages by a restaurant to occupants in
motor vehicles for on-site consumption.
"Drive-through/drive-up service/drive-up window" means the rendering of services or the selling of
food and beverages or other products for consumption or use off-site, to occupants in motor vehicles.
Businesses with this type of activity include but are not limited to restaurants, cafes, pharmacies/drug stores,
and banks.
"Driveway" means a paved access way leading from a public right-of-way, or from the edge of an
easement or property line forming a private street, to a parking lot, drive aisle, parking circulation area,
garage, off-street parking space, or loading space.
"Dry cleaning" means an establishment maintained for the pickup and delivery of dry cleaning and/or
laundry.
"Duplex" means a residential structure containing two dwelling units designed exclusively for
occupancy by two families living independently of each other.
"Dwelling unit" means one or more rooms designed, occupied, or intended for occupancy as separate
living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household. A dwelling unit may not have more than one
kitchen.
E. DEFINITIONS, "E."
"Electrical transmission line, major" means a public utility transmission line utilized for the transmission
of electrical energy for sale to multiple customers (e.g., residential, commercial, industrial, government, etc.)
that cannot be installed underground due to technical constraints, safety constraints, or industry standards.
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"Electronics and equipment manufacturing" means establishments engaged in manufacturing
machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and use of
electrical energy, including:
1. Appliances (e.g., stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners,
sewing machines);
2. Aviation instruments;
3. Electrical transmission and distribution equipment;
4. Electronic components and accessories, and semiconductors, integrated circuits, related devices;
5. Electronic instruments, components and equipment (e.g., calculators and computers);
6. Electrical welding apparatus;
7. Lighting and wiring equipment (e.g., lamps and fixtures, wiring devices, vehicle lighting);
8. Industrial apparatus;
9. Industrial controls;
10. Instruments for measurement, testing, analysis and control, associated sensors and accessories;
11. Miscellaneous electrical machinery, equipment and supplies (e.g., batteries, x-ray apparatus and
tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal
combustion engines);
12. Motors and generators;
13. Optical instruments and lenses;
14. Photographic equipment and supplies;
15. Pre-recorded magnetic tape;
16. Radio and television receiving equipment (e.g., television and radio sets, phonograph records and
surgical, medical and dental instruments, equipment, and supplies);
17. Surveying and drafting instruments;
18. Telephone and telegraph apparatus;
19. Transformers, switch gear and switchboards;
20. Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.)
"Emergency shelter" means housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or less by a homeless person. No individual or household may be denied
emergency shelter because of an inability to pay.
"Entry feature" means a structural element, which leads to an entry door.
"Equipment rental establishments" means service establishments which offer a wide variety of
materials and equipment for rent, including business equipment (e.g., computers, copiers, desks, projectors,
etc.) and equipment and supplies for parties and other social events (e.g., chairs, fountains, glassware,
linens, tables, etc.), all available within an enclosed structure.
F. DEFINITIONS, "F."
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"Family" means an individual or group of persons living together who constitute a bonafide single
housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club or
other group of persons occupying a hotel, lodging house, or institution of any kind.
"Family child care homes, small and large." See "Child day care facilities."
"Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other
manufactured material or combination of materials erected to enclose, screen, or separate areas that does
not contain any horizontal feature.
"Floor area, gross" means the total horizontal floor area in square feet of all stories of all buildings
measured to the outside surface of exterior walls. Stairways and elevator shafts shall be included on all floors.
"Floor area ratio" means the ratio of gross floor area to the net lot area. Floor area ratio shall include the
floor area of all stories of all buildings and accessory structures and shall be measured to the outside surface
of exterior walls. Floor area ratio does not include uninhabitable attic space, basements, below-grade parking,
nonresidential or multi-family building area devoted to structured or covered parking (i.e., parking garage, or
ancillary utility rooms or elevators serving the parking garage), trash enclosures, unenclosed accessory
structures (e.g., trellis), bay windows and covered porches.
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Figure 6-3
Floor Area Ratio
"Food and beverage product manufacturing" means manufacturing establishments producing or
processing foods and beverages for human consumption, and certain related products. Includes:
1. Alcoholic beverages;
2. Bakeries;
3. Bottling plants;
4. Breweries;
5. Candy, sugar and confectionery products manufacturing;
6. Catering services separate from stores or restaurants;
7. Coffee roasting;
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8. Dairy products manufacturing;
9. Fats and oil product manufacturing;
10. Fruit and vegetable canning, preserving, related processing;
11. Grain mill products and by-products;
12. Meat, poultry, and seafood canning, curing, byproduct processing;
13. Miscellaneous food item preparation from raw products;
14. Soft drink production.
Also may include tasting and accessory retail sales of beverages produced on site.
"Fourplex" means a single structure for four living units that are independent of each other with each
one having a kitchen and direct access to the outside or to a common hall. Does not include "rooming and
Boarding houses."
"Frontage" means all the property fronting on one side of a street between intersecting or intercepting
streets, or between a street and a right-of-way, waterway, and/or dead-end street, or city boundary,
measured along the street line. An intercepting street shall determine only the boundary of the frontage on
the side of the street that it intercepts.
"Furniture/cabinet shops" means manufacturers producing: wood and metal household furniture and
appliances; bedsprings and mattresses; all types of office furniture and partitions, lockers, shelving and store
furniture; and miscellaneous drapery hardware, window blinds and shades. Also includes wood and cabinet
shops, but not sawmills or planing mills, which are instead included under "lumber and wood products."
"Furniture, furnishings, and equipment stores" means retail stores primarily selling: home furnishings
including draperies, floor coverings, furniture, glass and chinaware, refrigerators, stoves, other household
electrical and gas appliances including televisions and home sound systems and outdoor furniture including
lawn furniture, spas, and hot tubs. Also includes the retail sale of office furniture and pianos.
G. DEFINITIONS, "G."
"Garage, private" means an accessory building or portion of the main building designed for the shelter
or storage of automobiles having a permanent roof and enclosed on all sides.
"Garage, public" means a building other than a private garage used for the shelter or storage of
automobiles.
"Garage/yard sale, private" means a sale held for the purpose of selling, trading, or otherwise disposing
of household furnishings, personal goods, or tangible property of a resident of the premises on which the
sale is conducted on a residential property. The annual frequency and maximum number of days for garage
sales are regulated by Section 21.36.090 (Garage and Private Yard Sales).
"Garden centers/plant nurseries" means commercial agricultural establishments engaged in the
production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores
selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale
of houseplants or other nursery products entirely within a building is also included under "retail stores,
general merchandise." Home greenhouses are included under "Accessory Uses and Structures."
"Gasoline stations" means a retail business selling gasoline or other motor vehicle fuels, which may
also provide very limited motor vehicle repair and maintenance that are incidental to fuel services. Does not
include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the
rental of vehicle storage or parking spaces. Includes alternative fuels and recharging facilities which are
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commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations
(e.g., LPG) as well as equipment to recharge electric powered vehicles.
"Glass products manufacturing" means manufacturing establishments producing flat glass and other
glass products which are blown, pressed, or shaped from glass produced in the same establishment. Also
includes large-scale artisan and craftsman type operations producing primarily for the wholesale market.
"Golf courses" means public and private golf courses, with or without country clubs, and accessory
facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges
(driving ranges separate from golf courses are instead classified under "golf driving ranges"); "pro-shops" for
on-site sales of golfing equipment; and golf cart storage and sales facilities. Does not include miniature golf
courses ("miniature golf course").
"Golf driving ranges" means public and private facilities providing an opportunity for driving golf balls
and practicing one's golf swing. May be a separate stand-alone facility or in conjunction with a golf course.
"Government offices and facilities" means facilities owned or operated by a governmental entity (e.g.,
city, county, State, or Federal government).
"Grade, finished" means the final elevation of the ground surface after completion of construction on
the site.
"Grade, natural" means the elevation of the ground surface in its natural state, prior to any disturbance
related to construction on the site.
"Grocery stores" means an establishment which sells staple food items (e.g., coffee, sugar, flour, etc.)
and usually meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household supplies (e.g.,
soap, matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or
bakery services). Food stores specializing in a single type of these items (e.g., candy stores, produce only
shops, coffee and tea shops, etc.) are not classified as grocery stores.
"Gross floor area." See "Floor area, gross."
"Gross lot area." See "Lot area, gross."
"Groundwater recharge facilities" means a public facility or place that is part of or supports the local,
regional, or State water distribution, supply, or treatment system and where water is allowed to collect in
order to recharge the underground water supply.
H. DEFINITIONS, "H."
"Half story." See "story, half."
"Handicraft industries, small scale assembly" means manufacturing establishments not classified in
another major manufacturing group, including: jewelry, musical instruments, pens, pencils, sporting and
athletic goods, toys, and other artists' and office materials; brooms and brushes, buttons, costume novelties,
and other miscellaneous small-scale manufacturing industries.
"Hardware store" means a facility of ten thousand or fewer square feet gross floor area, primarily
engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and
electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery; if a
facility is greater than ten thousand square feet, it is a building materials supply store/yard ("building
materials stores/yards").
"Hazardous material" means a material that can be harmful to human health and to the environment if
handled improperly. A material can be considered hazardous if it exhibits one of the following
characteristics:
1. "Ignitability" means a material that is determined to be flammable under certain conditions.
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2. "Corrosivity" means a material that corrodes metals or has a very high or low pH.
3. "Reactivity" means a material that readily explodes or undergoes violent reactions.
4. "Toxicity" means a material that is known to be harmful or fatal when ingested and is known to
leach into ground water at certain levels. For example, materials with high levels of arsenic, lead,
or mercury.
"Health/fitness centers" means membership based fitness facilities, gymnasiums, athletic clubs, and
similar establishments requiring membership for access.
"Historic structure" means a structure listed on the city's historic resources inventory.
"Hobby car restoration" means an activity in which resident owners engage in the restoration or
modification of a motor vehicle and in compliance with the provisions of Section 21.36.100 (Hobby Car
Restoration).
"Hollywood drive" means a type of driveway that consists of two strips of concrete or similar material
leading from the street to an accessory garage or carport. The strips of concrete may be separated by turf or
other similar vegetation that can be maintained at a very low height or by mulch, gravel, or similar
decorative landscaping material. The strips are spaced approximately the width of a passenger vehicle's tires.
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Figure 6-4
Hollywood Drive
"Home occupations" means an accessory business conducted in a residential dwelling unit, only by
residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding
neighborhood, and in compliance with the provisions of Chapter 21.44 (Home Occupation Permits).
"Hospitals" means an institution, designed within an integrated campus setting for the diagnosis, care,
and treatment of human illness, including surgery and primary treatment.
"Hotels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to
the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual
guest rooms are generally from an interior hallway. Also includes accessory guest facilities (including
accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).
"Housing development project" means any project meeting the criteria of Section 65589.5 of the
California Government Code, applying under the provisions of the Housing Accountability Act (HAA) or
similar law intended to limit the discretionary review authority of the local jurisdiction, with the added
clarification that for the purposes of determining whether at least two-thirds of the square footage of a
mixed-use development containing residential and non-residential uses is designated for residential use, the
gross floor area of any shared areas (e.g., mail rooms, trash rooms, lobbies, elevators) shall be calculated and
assigned proportionally to the uses which share the area based on the gross floor area of their non-shared
areas. Example: A lobby with 100 square feet of gross floor area which is shared by residential and
nonresidential uses which non-shared areas respectively represent 50% of the gross floor area of the project,
excepting shared areas, shall be proportionally assigned 50 square-feet of area of the shared lobby to each
use (i.e., 50 square assigned to the residential component, 50 square feet to the nonresidential component).
For the purposes of this code, the definition of a housing development project shall also mean to include
projects meeting the above requirements and involving an activity meeting the criteria of a development as
provided by Section 65927 of the California Government Code.
I. DEFINITIONS, "I."
"Indoor amusement/entertainment/recreation centers" means indoor establishments providing
amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing
coin operated amusements and/or electronic games; bowling alleys; card rooms; dance halls, clubs and
ballrooms, and billiard parlors and pool halls, that are principal uses rather than being subordinate to a bar
or restaurant; ice skating, and roller skating; skateboard ramps, and trampoline centers. Does not include "
sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions).
J. DEFINITIONS, "J."
"Junkyard" means the use of more than one hundred square feet of the area of a lot for the storage of
junk, including scrap materials and metals, or wrecked or inoperable vehicles and machinery, whether or not
sale of junk is made or proposed.
K. DEFINITIONS, "K."
"Kitchen facilities" and "kitchen" means a room or area designed for the cooking, preparation, and
storage of food. When found in a dwelling unit, a kitchen shall include a free-standing cooking range or built-
in cooktop, oven, ventilation, sink, refrigerator, food preparation countertop, and food storage cabinetry.
L. DEFINITIONS, "L."
"Laboratories" means an establishment providing medical or dental laboratory services; or an
establishment providing photographic, analytical, or testing services.
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"Landscaping" means the replacement of developed or excavated areas of a parcel of land with
landscape.
"Landscape" and “landscaping” means the area(s) of a parcel of land containing living vegetation,
consisting of turf, ground cover, shrubs, trees, and combinations thereof meeting the requirements of
Chapter 21.26 (Landscaping).
"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00
a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities
such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar
activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses
or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other
properties.
"Laundries/dry cleaning plants" means service establishments engaged primarily in high volume
laundry and garment services, including: power laundries (family and commercial), carpet/rug and
upholstery cleaners, diaper service, garment pressing and dry cleaning, industrial laundries, and linen supply.
Does not include "laundromat, self-service" or "dry cleaning."
"Laundromat, self-service" means an establishment that provides washing, drying, and/or ironing
machines for hire to be used by customers on the premises.
"Library" means a public facility for the use, but not sale, or literary, musical, artistic, or reference
materials.
"Light rail lines" means permanent light rail tracks that service the Valley Transportation Authority
(VTA) light rail system and links Campbell to several other cities in the south bay, including Santa Clara, San
Jose and Mountain View.
"Light rail passenger terminals" means passenger terminals that provide rider access to the valley
transportation authority (VTA) light rail system and links Campbell to several other cities in the south bay,
including Santa Clara, San Jose and Mountain View.
"Limited equity housing cooperative" means as defined in California Health and Safety Code Section
33007.5).
"Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
"Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages,
including beer and wine, for consumption off the premises. Liquor stores shall comply with the provisions of
Section 21.36.110.
"Live/work units" means a structure that is intended to function predominantly as workspace with
incidental residential accommodations that meet "basic habitability requirements" means live/work units are
intended to be occupied by business operators who live in the same structure that contains the business
activity. Live/work units shall comply with the provisions of Section 21.36.120.
"Living Unit" means a room or group of internally connected rooms that have sleeping, cooking, eating
and sanitation facilities, but not more than one kitchen, which constitutes an independent living unit.
"Loading area" means an open area, other than a street or alley, used for the loading or unloading of
vehicles.
"Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a
group of buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street or other appropriate means of access.
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"Lodging houses" means a structure or a portion of a structure, other than a hotel or motel, where
lodging for five or more persons is provided for compensation. Also includes rooming houses ("rooming and
Boarding houses").
"Lot" means any land occupied or to be occupied by a building, or unit group of buildings, and
accessory buildings together with such yards and/or open spaces and lot area as are required by this Zoning
Code, and having its principal frontage upon a street, or a place approved by the decision-making
bodyplanning commission. The terms lot, plot, and parcel are interchangeable for the purposes of this code.
"Lot" includes "plot."
"Lot, corner" means a lot located at the intersection of two or more streets, where the streets intersect
at an interior angle of not more than 175 degrees.
"Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or
upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.
"Lot, cul-de-sac" means a lot at the end of a dead end street.
"Lot, flag" means a lot having access from the building site to a public street by means of a narrow
private strip of land that is owned in fee.
"Lot, interior" means a lot other than a corner lot.
"Lot, line(s)" means the line(s) bounding a lot as defined herein, with the following specific classifications
and criteria for determining setbacks:
1. The front lot line means any lot line or combination of lot lines abutting the same side of a street
except as follows:
a. Corner lots. Corner lots shall have one front lot line and one or more street lot lines.
The front lot line of a corner lot shall mean the line or combination of lines on the
same side of the property abutting the public right of way with the shortest
cumulative length and having a combined interior angle of not more than 135
degrees.
b. Rear lots. The front lot line of a rear lot (i.e., flag lot) shall mean the line or
combination of lines on the same side of a property abutting the interior terminus of
any access area with the shortest cumulative length and having a combined interior
angle of not more than 135 degrees.
c. Through lots. The front lot line of a through lot shall mean:
i. For low-density residential, low-medium density residential, medium density
residential, and medium-high density residential land uses, the lot line, or
combination of lot lines, abutting the same side of a street with the least
intensive street classification (i.e., where abutting a residential collector
instead of a Class I Arterial); and
ii. For all other land uses other than low-density residential, low-medium
density residential, medium density residential, and medium-high density
residential land uses, the lot line, or combination of lot lines, abutting the
same side of a street with the most intensive street classification (i.e., Class I
Arterial instead of a residential collector) pursuant to the Roadway Network
Classifications Diagram of the General Plan (Figure T-1.)
Exception: For any legal residential development or residential project with a planning or building
permit application submitted prior to June 2, 2023, the front lot line shall mean the lot line, or
combination of lot lines, abutting the same side of the street (or in the case of a flag lot, those lines
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on the same side of a property abutting the interior terminus of any access area) that will result in
the least number of non-conforming development standards for the property.
2. The side lot line means any lot line or combination of lot lines that is not otherwise defined as a
front, rear, or street side lot line.
3. The street lot line means any line or combination of lines abutting the same side of a public street
that is not determined to be a front lot line.
4. The rear lot line is the line or combination of lines that are most distant and opposite the front lot
line and yielding the greatest lot width. On a lot where the side lot lines converge to a point at the
rear of the lot (i.e., triangle lot), a line 10 feet long within the , most parallel to and at a maximum
distance from the front lot line, shall be deemed to be the rear lot line for the purpose of
determining the rear setback.
"Lot area, pre-dedication" means the total area within the lot lines of a lot, plus that area between the
centerline of adjacent public right-of-way and the property lines.
"Lot, reverse corner" means a corner lot in which the rear property line abuts the side property line of an
adjoining interior lot (as opposed to the rear property line of another corner lot).
"Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
Figure 6-5
Lot Types
"Lot area, net" means the total area within the lot lines of a legal parcellot, after any public right-of-way
dedication and not including land reserved as public right-of-way excluding any street right-of-way.
"Lot area, gross" means the total area within the lot lines of a legal parcel (or contiguous parcels) prior to
public right-of-way dedication and not including land reserved as public right-of-way lot, plus that area between
the centerline of adjacent public streets and the property lines.
"Lot coverage" means the ratio of covered area to net lot area. See definition of “Covered area”.
horizontal area measured within the outside of the exterior walls on the ground floor of all buildings and
accessory structures on a lot including garages, carports and covered porches.
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Figure 6-5
Lot Coverage
"Lot depth" means the horizontal distance between the front and rear lot lines, measured along the
median between the two side lot lines. On a lot where the side lot lines converge to a point at the rear of the
parcel (i.e., triangle lot), the rear lot line measurement shall be taken from the point of intersection of side
lot lines most distant and opposite the front lot line.
"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the
lot depth at a point midway between the front and rear lot lines. On a lot where the side lot lines converge
to a point at the rear of the parcel (i.e., triangle lot), a line 10 feet long within the parcel, most parallel to
and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose
of determining lot width. The community development director shall determine the lot width for parcel of
irregular shape.
Figure 6-7 Lot Lines and Lot Areas
"Lumber and wood products" means manufacturing, processing, and sales uses involving the milling of
forest products to produce rough and finished lumber and other wood materials for use in other
manufacturing, craft, or construction processes. Also includes the following processes and products:
1. Containers, pallets and skids;
2. Milling operations;
3. Trusses and structural beams;
4. Turning and shaping of wood products;
5. Wholesaling of basic wood products;
6. Wood product assembly.
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"Craft-type shops" are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood
and cabinet shops are included under "Furniture/Cabinet Shops." The indoor retail sale of building materials,
construction tools and equipment is included under "Building Material Stores/Yards."
M. DEFINITIONS, "M."
"Machinery manufacturing" means the manufacturing of machinery and equipment for purposes and
products including the following:
1. Construction;
2. Conveyors;
3. Die casting;
4. Dies;
5. Dredging;
6. Engines and turbines;
7. Farm and garden;
8. Food products manufacturing;
9. Gear cutting;
10. Heating, ventilation, air conditioning;
11. Industrial molds;
12. Laundry and dry cleaning;
13. Materials handling;
14. Mining;
15. Paper manufacturing;
16. Passenger and freight elevators;
17. Pistons;
18. Printing;
19. Pumps;
20. Refrigeration equipment;
21. Textile manufacturing.
"Main structure" means a structure that accommodates the primary use of the site.
Major Electrical Transmission Line. See "Electrical Transmission Line, Major."
"Manufactured housing" means a housing unit that is either wholly or partially constructed or
assembled off the site in compliance with California Health and Safety Code Section 18551, and certified
under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections
5401 et seq.).
"Marine sales" means retail establishments selling and/or renting new and/or used boats, and
associated marine equipment (e.g., jet skis, trailers, etc.) Also includes parts sales or service facilities only
when part of a dealership selling new marine equipment on the same site.
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"Massage establishment" means an establishment having a fixed place of business where any person,
firm, association, or corporation practices or otherwise permits massage for compensation. "Massage
establishment" shall include any establishment providing off-premises massage services and establishments
that offer services such as relaxation, hot tub, towel wraps, baths, health treatments, tanning, or any service
where the essential nature of the interaction between the employee and the customer involves a massage.
"Massage therapy" means therapeutic (non-sexual) rubbing or kneading of parts of non-specified
anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional.
"Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental
health, surgical, and other personal health services. These include: medical, dental, and psychiatric offices
(counseling services by other than medical doctors or psychiatrists are included under "offices"); outpatient
care facilities; emergency room services; and allied health services. Associations or groups primarily engaged
in providing medical or other health services to members are included.
"Medical services, extended care" means residential facilities providing nursing and health-related care
as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for
physically or mentally disabled persons, where care is less than that provided by an acute care facility);
extended care facilities; Board and care homes. Long-term personal care facilities that do not emphasize
medical treatment are classified in "residential care homes."
"Medical services, laboratories" means facilities primarily engaged in furnishing medical and dental
laboratory services.
Meeting halls. See "Public assembly uses."
"Membership organization facilities" means permanent, headquarters-type and meeting facilities for
organizations operating on a membership basis for the promotion of the interests of the members, including
facilities for: business associations, civic and social organizations, labor unions and similar organizations,
political organizations, private clubs, professional membership organizations, private clubs, and other
membership organizations.
"Metal products fabrication" means the assembly of metal parts, including blacksmith and welding
shops, machine shops, sheet metal shops, and boiler shops, that produce metal duct work, cabinets and
enclosures, metal doors and gates, tanks, towers, and similar products.
"Miniature golf course" means a theme-oriented recreational facility, typically comprised of nine or
eighteen putting greens, each with a "cup" or "hole," where patrons in groups of one to four pay a fee to
move in consecutive order from the first hole to the last.
"Mixed-use developments" means a combination of uses in a single building or on a single lot that
contain residential and commercial uses that are part of an integrated development project with a significant
functional inter-relationship. Residential and commercial uses may be mixed horizontally or vertically
provided they are on a single parcel. Mixed-use development shall comply with the provisions of Section
21.36.130.
"Mobile home parks" means any site that is planned and improved to accommodate two or more
mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased,
or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision,
cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for
residential purposes.
Monastery, Convent, Parsonage, or Nunnery.
"Monastery, convent, or nunnery" means the dwelling units of a religious order or congregation.
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"Parsonage" means the official residence usually provided by a religious institution for its minister,
parson, rabbi, etc.
"Mortuaries or funeral parlors" means establishments where deceased are prepared for burial or
cremation, and funeral services may be conducted. Includes crematoriums, funeral homes, and funeral
parlors.
"Most Common Dictionary Definition" means a definition from the Merriam-Webster Dictionary online,
or next most common dictionary definition when a term or phrase is not defined.
"Motels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to
the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual
guest rooms are generally from an exterior walkway. Also includes accessory guest facilities (including
accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).
Motor Vehicle Related Land Uses.
1. "Motor vehicle cleaning, washing, and detailing" means facilities specializing in the cleaning,
washing, detailing and polishing of motor vehicles.
2. "Motor vehicle dismantling" means customarily outdoor establishments primarily engaged in
assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or
reusable scrap and waste materials, including wreckers engaged in dismantling motor vehicles for
scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy
processing facilities for recycling. Does not include: places where these activities are conducted
entirely within structures; pawnshops and other secondhand stores; or the sale of operative used
cars. Motor vehicle dismantling shall comply with the provisions of Section 21.36.240.
3. "Motor vehicle leasing" means retail establishments leasing motor vehicles (e.g., automobiles,
trucks and vans).
4. "Motor vehicle oil change facilities" means these facilities are limited to performing only oil
changes and very limited incidental maintenance and only on light duty motor vehicles (e.g.,
automobiles, light duty trucks and vans).
5. "Motor vehicle painting" means motor vehicle repair facilities dealing with entire vehicles, but
only within a completely enclosed and soundproofed structure. These establishments
customarily provide towing, collision repair, other body work, and painting services.
6. "Motor vehicle parking facilities" means and includes short-term commercial garages, parking
lots, and structures, except when accessory to a primary use. (All primary uses are considered to
include any customer or public use off-street parking required by the Zoning Code.)
7. "Motor vehicle parts and supplies" means retail stores that sell new motor vehicle parts, tires,
and accessories. May also include very limited vehicle maintenance and parts installation
connected with the retail sales.
8. "Motor vehicle renting" means retail establishments renting motor vehicles (e.g., automobiles,
trucks, recreational vehicles and vans).
9. "Motor vehicle repair and maintenance, minor and major" means major vehicle repair facilities
deal with the entire vehicle; minor repair facilities generally specialize in limited aspects of repair
(e.g., muffler and radiator shops, tire shops.) All repair activities (minor and major) are conducted
within a completely enclosed and soundproofed structure. Does not include: motor vehicle
dismantling yards which are included under "motor vehicle dismantling." Motor vehicle repair
facilities shall comply with the provisions of Section 21.36.140.
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10. "Motor vehicle repair and maintenance, minor only" means minor repair facilities generally
specialize in limited aspects of repair (e.g., muffler and radiator shops, oil change shops, smog
shops, tire shops, tune up shops, window tinting.) All repair activities are conducted within a
completely enclosed and soundproofed structure. Does not include: motor vehicle dismantling
yards which are included under "motor vehicle dismantling." Motor vehicle repair facilities shall
comply with the provisions of Section 21.36.140.
11. "Motor vehicle sales" means retail establishments selling new and/or used motor vehicles (e.g.,
automobiles, trucks, and vans). May also include service and repair shops and the sales of parts
and accessories, incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership.
12. Motor vehicle tune-up. See "motor vehicle repair and maintenance, minor only."
13. Motor vehicle tune-up, limited to light duty only. See "motor vehicle repair and maintenance,
minor only;" however, these shops are limited to performing only tune ups and only on light duty
motor vehicles (e.g., automobiles, light duty trucks and vans).
14. Motor vehicle window tinting. See "motor vehicle repair and maintenance, minor only."
"Multi-family dwelling" means an apartment, townhome, or condominium development.
"Museums, public" means public facilities including aquariums, arboretums, art exhibitions, botanical
gardens, historic sites and exhibits, museums, and planetariums, which are generally non-commercial in
nature.
"Music (recordings) store" means an establishment primarily engaged in retailing new prerecorded
audio and video tapes, compact discs (CDs), digital video discs (DVDs), and phonograph records.
N. DEFINITIONS, "N."
"Nature preserves" means areas intended to remain in a predominately natural or undeveloped state
to provide resource protection and possible opportunities for passive recreation and environmental
education for present and future generations.
"Nightclubs" means commercial establishments, with or without food service, providing opportunities
for dancing, music, and other related forms of entertainment, including cabarets. These establishments may
be part of a restaurant, where the food service is subordinate to the dancing and entertainment.
"Nonconforming building" means a building or structure the size, dimensions, or location of which was
lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails by reason of such
adoption, revision, or amendment, to conform to the present requirements of this Zoning Code.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision, or
amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to
conform to the use regulations for the zoning district in which it is located.
"Nonresidential" means a property, use, or building that is not used as a place of residence. Exception:
Mixed-use development not meeting the definition of a “Housing development project” are included in this
definition. The terms nonresidential and non-residential are interchangeable for the purposes of this code.
"Nontransient" with respect to occupancy of a residential or residentially zoned property means the
occupancy of, or the legally binding commitment to occupy a unit by the same natural person for one year or
longer.
"Nuisance per se" means an activity that in and of itself is inherently considered to be a nuisance.
Examples of activities that are nuisances per se include water pollution by discharge, structures which
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amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement, and
illegal signs. See "Public Nuisance."
O. DEFINITIONS, "O."
"Offices, professional" means professional or government offices including:
1. Administrative;
2. Accounting, auditing and bookkeeping services;
3. Advertising agencies;
4. Architectural, engineering, planning, and surveying services;
5. Attorneys;
6. Counseling services;
7. Court reporting services;
8. Data processing and computer services;
9. Detective agencies and similar services;
10. Educational, scientific and research organizations;
11. Employment, stenographic, secretarial and word processing services;
12. Insurance agencies;
13. Government offices including agency and administrative office facilities;
14. Management, public relations and consulting services philanthropic enterprises;
15. Philanthropic enterprises;
16. Photography and commercial art studios;
17. Public utilities;
18. Real estate services;
19. Travel agencies;
20. Writers and artists offices outside the home.
Does not include: medical offices, which are allowed under "medical services—clinics,"
financial institutions, or offices that are incidental and accessory to another business or sales
activity that is the principal use" means Incidental offices that are customarily accessory to
another use are allowed in any non-residential zoning district as part of an approved principal
use.
"Oil change facilities." See "Motor vehicle oil change facilities."
"Open space" means that portion of a lot or property which is required to be open and unobstructed
by structures, except as specifically provided by law, from the ground to the sky.
"Open space, required for multiple-family dwelling units" means a private or common space serving
multiple-family dwelling units that is specifically designed for recreational use, whether active or passive, and
shall not be occupied by driveways, parking spaces, or walkways between structures.
"Open space, usable private" means the area shall exclude the required front setback between the
structure and the street property line. The open space area may be occupied by recreation facilities (e.g.,
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deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and
not covered by a roof or canopy.
"Open space land" means any parcel or area of land essentially unimproved in its natural state;
devoted to an open space use; and which is designated in the open space element in the General Plan for
open space.
"Open space zoning district" means any area of land or water designated O-S (open space) and subject
to all of the terms and regulations of this Zoning Code.
"Open space use" means the use of land for:
1. Containment and structuring of urban development;
2. Conservation or use of natural resources;
3. Enjoyment of scenic beauty;
4. Production of food or fiber;
5. Protection of man and his artifacts (property, structures, etc.); and
6. Public recreation.
"Outdoor "active" activities" means an accessory activity to an allowed commercial retail or service
land use that is active in nature (e.g., drive-up windows, sales stations, etc.)
"Outdoor amusement/entertainment/recreation centers" means facilities for various outdoor
participant sports, entertainment, and most types of recreational activities where a fee is charged for use,
including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf
courses are included under the definition of "golf courses"); skateboard ramps and parks and water slides;
recreation equipment rental (for example, bicycles, roller skates); health and athletic clubs with
predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial
facilities customarily associated with the above outdoor commercial recreational uses, (e.g., bars and
restaurants [both table service and counter service], and video game arcades.)
"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments
including auction yards, flea markets, flower stands, lumber and other material sales yards, newsstands,
outdoor facilities for the sale or rental of vehicles/equipment, and other uses where the business is not
conducted entirely within an enclosed structure. Does not include the sale of automobiles and recreational
vehicles ("motor vehicle sales").
"Outdoor seating" means an outdoor dining area provided by a restaurant for its customers that is
furnished with tables, chairs, umbrellas, and other items necessary for the consumption of food and
beverages served by the restaurant, either with or without waiter service. Outdoor seating shall comply with
the provisions of Section 21.36.150.
"Outdoor storage" means the storage of various materials, including contractors' equipment, outside
of a structure other than fencing, either as an accessory or principal use, suitably screened from public view,
but not within fifty feet of a residentially zoned parcel. Outdoor storage shall comply with the provisions of
Section 21.36.160.
"Owner's Association" means an organization established under State law operated in compliance with
adopted covenants, codes, and restrictions (CCR's) or comparable instrument, which collectively represents
individuals with fee interest in property within a subdivision, planned development, or condominium.
P. DEFINITIONS, "P."
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"Paper products manufacturing" means the manufacture of paper and paperboard, from both raw and
recycled materials, and their conversion into products including boxes, envelopes, paper bags, wallpaper,
etc.
"Parking lots/structures, public" means service establishments in the business of storing operative cars,
buses, recreational vehicles, trucks, vans, and other motor vehicles for clients. Includes day use commercial
garages, parking lots and structures, except when accessory to a primary use. (All primary uses are
considered to include any customer or public use off-street parking required by the Zoning Code.) Also
includes sites where vehicles are stored for rental or leasing.
"Parking space" means an area off the street or highway for the temporary storage of an automobile or
other motor vehicle. A parking space shall not include space needed for driveway or loading area.
"Parks, public" means and includes public parks, play lots, playgrounds, and non-professional/
noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.
"Payday lender" means a retail business owned or operated by a "licensee" as that term is defined in
California Financial Code section 23001(d), as amended from time to time.
"Personal services" means establishments providing non-medical services as a primary use, including:
1. Barber and beauty shops;
2. Clothing rental;
3. Dry cleaning pick-up stores with limited equipment;
4. Home electronics and small appliance repair;
5. Laundromats (self-service laundries);
6. Nail shops;
7. Shoe repair shops;
8. Tailors;.
9. Palm and psychic readers.
The term "personal services" does not include massage establishments. The term "personal services"
does not include body piercing, psychic readers, tattoo parlors, or any of the other uses listed under
"Personal services, limited."
"Personal services, limited" means establishments providing nonmedical services of a very limited and
restricted nature as a primary use, including body piercing, palm readers, psychic readers, and tattoo parlors.
Pet Clinics. See "Veterinary clinics and animal hospitals."
"Pet store" means a retail sales establishment primarily engaged in the sale of domestic animals, such
as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals.
"Pharmaceutical manufacturing" means establishments engaged in the production of drugs and related
therapeutical products for distribution to clinics, hospitals, medical-related facilities, and pharmacies drug
stores.
"Pharmacies/drug stores" means a retail store where a licensed pharmacist prepares prescription
medicines for sale, which may also sell over-the-counter medicines, personal care products, and other
miscellaneous products.
Pharmacies/Drug Stores, With Drive-Up Service. See (Pharmacies/drug stores;" however these facilities
sell their products either through over-the-counter sales or drive-up window service.
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"Philanthropic enterprise" means an organization or institution engaged in collecting donations of
money, goods, or services in order to provide humanitarian or charitable assistance.
"Philanthropic collection trailer" means a portable trailer that is parked on private property for the
purpose of collecting donations of household goods (e.g., clothing, books, toys, furniture, kitchen utensils,
bedding, lamps, rugs, etc.) from area residents. An attendant from the sponsoring philanthropic enterprise is
usually present at the trailer during prescribed hours to assist donors in placing their donations in the trailer,
to dispense tax receipts, and to maintain the cleanliness of the area surrounding the trailer.
"Photocopying" means an establishment (except private mail centers) engaged in providing a range of
office support services (except printing services), such as document copying services, facsimile services, word
processing services, on-site PC rental services, and office product sales.
"Photography studio/supply shop" means an establishment primarily engaged in providing still, video,
or digital portrait photography services. Also an establishment primarily engaged in either retailing new
cameras, photographic equipment, and photographic supplies or retailing new cameras and photographic
equipment in combination with activities, such as repair services and film developing.
"Plastics and rubber products" means the manufacture of rubber products including: rubber footwear;
mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed
rubber. Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing
miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
"Primary dwelling unit" means a building that is the principle use of the lot on which it is situated. This
definition does not include accessory dwelling units or junior accessory dwelling units as provided for by
Chapter 21.23 (Accessory Dwelling Unit), or caretaker or employee housing as provided by Section 21.36.040
(Caretaker or employee housing.).
"Printing and publishing" means establishments engaged in printing by gravure, letterpress,
lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other
"quick printing" services; and establishments serving the printing trade including bookbinding, electrotyping,
engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish
books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices.
"Public assembly uses" means a facility or place where groups of people gather for civic, educational,
political, religious, or social purposes. "Public assembly uses" include the following:
1. Auditoriums;
2. Conference centers;
3. Convention and exhibition halls;
4. Lecture halls;
5. Meeting halls;
6. Religious institutions.
Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or
concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "sexually
oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions). Public assembly
uses shall comply with the provisions of Section 21.36.170.
"Public nuisance" means an act or omission that interferes with the interests of the community or
interferes with the public health, safety, and welfare. A public nuisance affects an entire community or
neighborhood, or any considerable number of persons at the same time, although the extent of the
annoyance or damage inflicted upon individuals may be unequal. California Civil Code Section 3480.
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"Public utility structures and service facilities" means fixed-base structures and facilities serving as
junction points for transferring utility services from one transmission voltage to another or to local
distribution and service voltages. These uses include any of the following facilities that are not exempted
from land use permit requirements by Government Code Section 53091:
1. Corporation and maintenance yards;
2. Electrical substations and switching stations;
3. Natural gas regulating and distribution facilities;
4. Public water system wells, treatment plants and storage;
5. Service uses/structures;
6. Telephone switching facilities;
7. Wastewater treatment plants, settling ponds and disposal fields.
"Public works maintenance facilities and storage yards" means publicly owned or operated structures
and open storage yards designed to accommodate motor vehicles, construction equipment, and the storage
of materials used by the governmental agency. Also includes enclosed structures designed to warehouse
space parts and service the above listed equipment.
R. DEFINITIONS, "R."
"Radio or television transmitter" means usually a tall, fabricated structural metal tower designed and
equipped to receive and transmit radio and television signals.
"Radio station" means a commercial facility that serves as the base-of-operations for an on-air radio
broadcasting company. These facilities may also contain administrative offices and equipment of the type
and scale customarily associated with wireless telecommunications facilities.
"Recreation land" means any area of land or water suitable for recreational purposes.
"Recreational vehicle" means the same as set forth in California Health and Safety Code section 18010,
as that section exists and may be amended and decodified in the future.
"Recycling facilities" means a variety of facilities involved with the collection, sorting, and processing of
recyclable materials. 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 feet, including
but not limited to large collection containers and/or permanent structures;
b. Small collection facilities which occupy an area of eighty-four cubic 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 eighty-five cubic feet;
(3) Kiosk-type units, which may include permanent structures; and
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(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, flattening, grinding, mechanical sorting,
remanufacturing, and shredding. Processing facilities include the following types:
a. Light processing facility occupies an area of under forty-five thousand 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 eighty-five cubic 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.
"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.
"Repair and maintenance, consumer products" means service establishments where repair of
consumer products is the principal business activity, including: electrical repair shops; furniture repair;
television and radio and other appliance repair; reupholstery; and watch, clock and jewelry repair. Does not
include shoe repair (included under "Personal services, general"). Does not include heavy equipment repair
businesses, which are included under "Business support services."
"Research and development" means indoor facilities for scientific research, and the design,
development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance
of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes
chemical and biotechnology research and development. Does not include computer software companies,
soils and other materials testing laboratories, or medical laboratories.
"Residential care homes, small (serving six or fewer persons)" means a facility licensed by the State of
California where care, services, or treatment is provided to persons living in a community residential setting.
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The facilities are designed for and limited to six or fewer residents and are usually housed in a private
residential home setting.
"Residential care homes, large (serving seven or more persons)" means a facility licensed by the State
of California where care, services, or treatment is provided to persons living in a community residential
setting. The facilities are designed for seven or more residents and are usually housed in a private residential
home setting. Residential care homes shall comply with the provisions of Section 21.36.180.
"Residential service facility, small (six or fewer)" means a residential facility serving six or fewer natural
persons, other than a residential care facility or single housekeeping unit, where the operator receives
compensation for the provision of personal services, in addition to housing including protection, supervision,
assistance, guidance, training, therapy, or other nonmedical care.
"Residential service facility, large (seven or more)" means a residential facility serving seven or more
natural persons, other than a residential care facility or single housekeeping unit, where the operator
receives compensation for the provision of personal services, in addition to housing including protection,
supervision, assistance, guidance, training, therapy, or other nonmedical care.
"Residential recreational facilities, private" means playground equipment, swimming pools and spas,
tennis and other sport courts, and similar facilities and accessory structures that are operated for the
residents of a specific residential development and their invited guests, and are not open to the general
public. Does not include these facilities for individual homes, which are defined as "accessory uses and
structures."
Restaurants.
1. Restaurants, drive-through. (See "drive-through/drive-up service/drive-up window").
2. Restaurants, drive-in. (See "Drive-in/drive-in service").
3. "Restaurants, fast food" means establishments whose primary business is the sale of food and
beverages to customers for consumption on-site or off-site. Customarily less than fifty percent of
the total gross floor area is used for customer seating. Interior furnishings include standardized
floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to
order. Plates and cutlery are disposable. Condiment bars and trash disposal are self-service.
4. "Restaurants or cafes" means establishments whose primary business is the sale of food and
beverages to customers for their consumption within the restaurant or restaurant patio area.
Customarily at least fifty percent of the total gross floor area is used for the seating of customers.
The restaurant may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carry-
out food service are allowed if they are incidental to the primary purpose of consumption of food
and beverages in the restaurant.
5. "Restaurants, standard" means any establishment whose principal business is the sale of foods,
desserts, or beverages to the customer in a ready-to-consume state, and whose design or
principal method of operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods, desserts, or
beverages on tableware by a restaurant employee at the same table or counter at which
said items are consumed.
b. A cafeteria-type operation where foods, desserts, or beverages generally are consumed
within the restaurant building.
"Retail stores, general merchandise" means retail trade establishments selling many lines of
merchandise. These stores and lines of merchandise include:
1. Art stores/ galleries;
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2. Antiques;
3. Artists' supplies;
4. Bakeries (retail only);
5. Boat supplies;
6. Beauty supply;
7. Bicycles;
8. Cameras and photographic supplies;
9. Candy stores;
10. Clothing and accessories;
11. Collectibles;
12. Drug and discount stores;
13. Fabrics and sewing supplies;
14. Florists and houseplant stores (indoor sales only—outdoor sales are "garden centers/plant
nurseries");
15. Gifts, novelties and souvenirs;
16. Delicatessens;
17. Handcrafted items (stores may include crafting preparations subordinate to retail sales);
18. Hobby materials;
19. Jewelry;
20. Luggage and leather goods;
21. Meat market;
22. Newsstands;
23. Orthopedic supplies;
24. Photography studio/supply shops;
25. Shoes;
26. Small wares;
27. Specialty shops;
28. Sporting goods and equipment;
29. Stationery;
30. Toys and games;
31. Variety stores.
"Rooming and Boarding houses" means houses with individual bedrooms that are rented to between
three to five persons for profit, whether or not meals are provided.
Rugs and Upholstery Cleaning. See "Laundries/dry cleaning plants."
S. DEFINITIONS, "S."
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Satellite Television or Personal Internet Broadband Dishes/Antenna. See "wireless telecommunications
facilities"; however these facilities shall be less than three feet or two meters in diameter. Satellite television
or personal internet broadband dishes/antenna shall comply with the provisions of Section 21.36.190.
"Scenic land" means any area of land or water that possesses scenic qualities suitable for preservation.
"Schools, commercial." See "Commercial schools."
"Schools—K—12, private." See "Schools—K—12, public;" however, these schools are privately owned
and operated, and also may include denominational and sectarian, Boarding schools, and military academies.
"Schools—K—12, public" means an institution which offers instructions in the several branches of
learning and study required to be taught in the public schools by the State Education Code. Includes
elementary, middle, junior high, and high schools serving kindergarten through 12th grade students. Pre-
schools and child day care are included under the definitions of "Child day care facilities."
"Secondhand/thrift stores" means indoor retail establishments that buy and sell used products,
including books, clothing, furniture, and household goods. The sale of cars and other used vehicles is
included under "Motor Vehicle Sales."
"Senior citizen housing" means housing reserved for senior citizens or other qualified residents as
defined by California Civil Code Section 51.3 et seq.
"Service bay" means a space within a motor vehicle related land use (herein defined), where a motor
vehicle can be located for maintenance or repairs.
"Setback" means the distance by which a structure, parking area, or other development feature must
be separated from a lot line. Setbacks from private streets are measured from the edge of the easement. See
also "Yard." Figure 6-8 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks.
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Figure 6-8
Setbacks
"Sexually oriented businesses" has the same meaning as defined in Campbell Municipal Code Section
5.55.020 (Definitions).
"Shopping centers" means a group or cluster of retail businesses and offices sharing common
pedestrian and off-street parking, and which are located on parcel(s) of land having the following
characteristics:
1. Minimum area of three acres uninterrupted or undivided by public streets;
2. Abutted on at least two sides by public streets that intersect at one corner of the shopping
center;
3. May consist of one or more lots tied together by a binding legal agreement providing rights of
reciprocal vehicular parking and access, and one or more ownerships;
4. Combination of commercial and office use with commercial uses to be at least seventy-five
percent of gross floor area.
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"Short term rental" means use of a residential property for lodging purposes as defined by Government
Code Section 19822.4(1).
"Sign" means any structure, device, figure, painting, display, message placard, or other contrivance, or
any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to
advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an
object, person, institution, business, service, event, or location by any means, including words, letters,
figures, designs, symbols, fixtures, colors, illumination, or projected images.
"Sign shops" means commercial establishments that market and design signs and create banners. Does
not include assembly, fabrication, installation, repair, or service of signs.
"Sign manufacturing" means industrial establishments that market, design, assemble, fabricate, install,
repair, and service signs of all types, sizes, and materials.
"Single-family dwellings" means a structure designed for and/or occupied exclusively by one family and
containing only one kitchen. Also includes factory-built housing (modular housing) units, constructed in
compliance with the Uniform Building Code (UBC), and mobile homes/ manufactured housing on permanent
foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a
primary tenant.
"Single housekeeping units" means a functional equivalent of a traditional family; whose members are
a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of
common areas in sharing household activities and responsibilities such as meals, chores, and expenses.
"Single Room Occupancy facility" means a residential facility providing dwelling units where each unit
has a minimum floor area of one hundred fifty square feet and a maximum floor area of two hundred twenty
square feet, and are rented to a one- and/or two-person household. These dwelling units may have kitchen
and/or bathroom facilities, and are provided for a weekly or monthly period of time, in exchange for an
agreed payment of a fixed amount of money or other compensation based on the period of occupancy.
"Small-lot single-family dwelling" means a single-family dwelling (as defined herein) constructed on a
lot of less than six thousand square feet in net lot area, located within the P-D (Planned Development) zoning
district.
"Spa Services/Health Spa" means an establishment that provides a combination of hair, nail, and/or
skin care; waxing; facials; massage; and other similar services to customers for financial compensation and
may include a sauna, whirlpool, and other similar amenities for the incidental use of patrons. Spa Services /
Health Spa shall not mean a beauty shop, nail shop, barber shop, or massage establishment where the active
primary use of the establishment does not encompass a full range of services identified in the preceding
sentence, but is focused on only one or two of the uses listed in this sentence.
"Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of
holding a title to, either in fee simple or for a term of years, improved real property. All, or substantially all,
of the shareholders of the corporation must receive a right of exclusive occupancy in a portion of the real
property, title to which is held by the corporation, which right of occupancy is transferable only concurrently
with the transfer of the share(s) of stock in the corporation held by the persons having the right of
occupancy.
"Storage facilities" means a structure or group of structures containing generally small, individual,
compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking
demand. Includes personal-, self-, or mini-storage."
"Story" means that portion of a building included between the surface of any floor and the surface of
the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next
above it.
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"Story, half" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two
opposite exterior walls are not more than four feet above the floor of such story.
Figure 6-9
Half Story
"Structural alteration" means any change in either the supporting members of a building, such as
bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior
walls.
"Structure" means anything constructed or erected, which requires location on the ground or
attachment to something having a location on the ground.
"Studios, small" means an establishment that offers instruction to twelve or fewer participants at any
one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness
training, martial arts and fine arts.
"Studios, large" means an establishment that offers instruction to more than twelve participants any
one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness
training, martial arts and fine arts.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target
population, and that is linked to an onsite or offsite service that assists the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
T. DEFINITIONS, "T."
"Tanning studio" means an establishment that uses artificial lighting systems to produce a tan on an
individual's body. This use specifically excludes health and fitness centers ("Health/fitness center").
"Target population" means persons with low incomes who have one or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for
services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5
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(commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other
populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary use" means a land use activity described in Chapter 21.45, whether profit or non-profit,
conducted solely on private property for a limited period of time.
"Tennis courts, private" means one or more tennis courts designed and maintained for the sole and
exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests.
"Textile products manufacturing" means manufacturing establishments engaged in performing any of
the following operations: Preparation of fiber and subsequent manufacturing of braids, threads, twine
cordage, yarn; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fabric, fiber,
yarn, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of
knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, nonwoven
fabrics and miscellaneous textiles; and upholstery manufacturing.
"Theaters, movie or performing arts, and concert halls" means indoor facilities for public assembly and
group entertainment, other than sporting events, including public and semi-public auditoriums; civic
theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly
uses. Does not include uses categorized as "sexually oriented businesses" as defined in Campbell Municipal
Code Section 5.55.020 (Definitions) or as "Public Assembly Uses."
"Towing services" means service establishments where the primary function is the dispatching of tow
trucks to motorists in need of a tow to a third location. The facility provides space for the parking of the tow
trucks and the private motor vehicles of the tow truck drivers. Also includes administrative offices for the
tow truck company and indoor accommodations for servicing (minor maintenance and repair) the tow
trucks.
Does not include the short-term storage of towed vehicles ("Motor vehicle parking facilities") or the
long-term storage of towed vehicles ("Motor vehicle storage facilities"). Also does not include motor vehicle
repair of towed vehicles ("Motor vehicle repair and maintenance, minor and major"). Towing services shall
comply with the provisions of Section 21.36.240.
"Townhouse" means a single-family dwelling unit, with a private entrance, which is part of a structure
whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front
and rear wall to be used for access, light, and ventilation.
"Trailer sales" means an open paved area, other than a public street, used for the display, sale, or
rental of new or used trailers. Also includes minor incidental repair and service of the trailers displayed or
sold on the premises.
"Transit-Oriented Development (TOD)" means a residential or mixed-use development, located within
¼ mile of a light rail passenger terminal (defined herein).
"Transitional housing" means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and recirculating of the assisted unit
to another eligible program recipient at a predetermined future point in time that shall be no less than six
months from the beginning of the assistance.
"Travel agency" means an establishment primarily engaged in acting as an agent in selling travel, tour,
and accommodation services to the general public and commercial clients.
"Triplex" means a single structure for three living units that are independent of each other with each
one having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming and
Boarding Houses."
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"Trucking/freight terminals" means this land use consists of transportation establishments furnishing
services incidental to air, motor freight, and rail transportation including:
1. Freight forwarding services;
2. Freight terminal facilities;
3. Joint terminal and service facilities;
4. Packing, crating, inspection and weighing services;
5. Postal service bulk mailing distribution centers;
6. Transportation arrangement services;
7. Trucking facilities, including transfer and storage.
"Tutoring center, small" means an establishment providing instruction to twelve or fewer students at
any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including
but not limited to academics, language instruction, wine appreciation, and computer training.
"Tutoring center, large" means an establishment providing instruction to more than twelve students at
any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including
but not limited to academics, language instruction, wine appreciation, and computer training. Establishments
providing instruction as a part of a certificate or degree granting program are included under the definition
of "commercial school."
U. DEFINITIONS, "U."
Universities/colleges, private. See "universities/colleges, public"; however, these universities/colleges
are privately owned and operated.
"Universities/colleges, public" means and includes community colleges, public colleges, universities,
and technical schools granting associate arts degrees, certificates, undergraduate, and graduate degrees, and
requiring for admission at least a high school diploma or equivalent general academic training.
V. DEFINITIONS, "V."
"Vending machine" means an unattended self-service device that, upon insertion of coin(s) or token(s)
or by similar means, dispenses anything of value including food, beverages, goods, wares, merchandise, or
services.
"Veterinary clinics and animal hospitals" means office and indoor medical treatment facilities used by
veterinarians, including large and small animal veterinary clinics, and animal hospitals. A maximum of five
animals may be kept overnight only if they are receiving medical treatment at the clinic/hospital. Veterinary
clinics and animal hospitals shall comply with the provisions of Section 21.36.250.
"Video rental store" means an establishment primarily engaged in the retail rental or lease of
videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic media. Sales
of videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic
merchandise associated with VCR's, video cameras, DVD players, and electronic games are permitted
accessory uses.
W. DEFINITIONS, "W."
"Warehouse retail stores" means retail stores that emphasize the packaging and sale of products in
large quantities or volumes, some at discounted prices, where products are typically displayed in their
original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or
may not be required to pay membership fees.
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Warehousing, wholesaling, and distribution facility, incidental. See "warehousing, wholesaling, and
distribution facilities," primary; however, these facilities are only incidental to a manufacturing facility, and
serve only as the warehouse for that facility. These incidental facilities do not exceed fifty percent of the
total gross floor area of the manufacturing facility that it serves.
Warehousing, wholesaling, and distribution facilities, primary.
1. Warehousing. Warehouse facilities provide for the storage of furniture, household goods, or
other commercial goods of any nature. Also includes cold storage. Does not include: warehouse,
storage, or personal or mini-storage facilities offered for rent or lease to the general public. For
these see "Storage facilities."
2. Wholesaling and distribution facilities. Wholesaling and distribution facilities include
establishments engaged in selling merchandise to retailers; to industrial, commercial,
institutional, farm, or professional business users; or to other wholesalers; or acting as agents or
brokers in buying merchandise for or selling merchandise to these persons or companies.
Includes the following establishments:
a. Agents, merchandise or commodity brokers, and commission merchants;
b. Assemblers, buyers and associations engaged in the cooperative marketing of farm
products;
c. Merchant wholesalers;
d. Stores primarily selling electrical, plumbing, heating and air conditioning supplies and
equipment.
"Wildlife habitat" means any area of land or water valuable or necessary to or suitable for the
preservation or enhancement of wildlife resources.
"Width, Public Right-of-Way" means the horizontal width of the area of real property in which the city has
a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above
the present and future streets, alleys, avenues, roads, highways, parkways, bike lanes or boulevards dedicated
or acquired as right-of-way.
Wireless Telecommunications Facilities—Non-Stealth. See wireless telecommunications facilities—
stealth; however, these facilities do not meet the definition of a stealth facility, defined below.
"Wireless telecommunications facilities—stealth" means a land use facility supporting antennas that
sends and/or receives radio frequency signals.
1. Wireless telecommunications facilities. Wireless telecommunications facilities include antennas
and all other types of equipment for the transmission or receipt of these signals;
telecommunication towers or similar structures built to support the required equipment;
equipment cabinets, Base Transceiver Stations, and other accessory development. Also referred
to as a "Telecommunication facility."
"Stealth facility" means any telecommunications facility which is designed to blend into the
surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include
architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as
architectural elements to blend with the existing structure. Also known as "Concealed telecommunications
facilities."
Y. DEFINITIONS, "Y."
"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the
ground upward, except as otherwise provided in this Zoning Code.
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Page 40 of 41
Figure 6-10. Yards
"Yard, front" means a yard extending across the full width of the lot, the depth of which is the
minimum horizontal distance between the front lot line and a line parallel thereto to the lot.
"Yard, rear" means a yard extending across the full width of the lot between the most rear main
building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the
nearest point of the rear lot line toward the nearest part of the main building.
"Yard, side" means a yard between the main building and the side lot line, extending from the front
yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard
shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main
building.
"Yard sale." See "garage/yard sales, private."
Figure 6-10. Yards
Created: 2022-12-01 08:36:08 [EST]
(Supp. No. 37)
Page 41 of 41
"Year" means 365 calendar days.
(Ord. 1617 Sl(part), 1986; Ord. 2093 § 1(part), 2007; Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-
2011; Ord. No. 2182, § 5(Exh. D), 10-7-2014; Ord. No. 2196, §§ 15, 16, 2-2-2016; Ord. No. 2199, §§ 3, 4, 4-5-2016;
Ord. No. 2213, §§ 26, 27, 11-1-2016; Ord. No. 2216, § 13, 12-12-2016; Ord. No. 2222, §§ 9, 10, 5-16-2017, eff. 6-15-
2017; Ord. No. 2250 , §§ 18—22, 9-3-2019; Ord. No. 2251 , § 5, 10-15-2019; Ord. No. 2252 , §§ 17, 18, 11-19-2019;
Ord. No. 2266 , § 6, 9-1-2020; Ord. No. 2270 , §§ 14, 19, 3-16-2021; Ord. No. 2286 , § 9, 8-16-2022)
Exhibit C
Summary of Municipal Code Changes
General Corrections
In addition to the Title and Chapter specific changes as noted below, typographical, grammatical, and
structural improvements have been made throughout the affected sections. Further, changes have been
made throughout the Zoning Ordinance to reflect the new land uses and density ranges contemplated
by the 2040 General Plan and 2023-2031 Housing Element updates and comply with state and federal
law.
Title 6: Health and Sanitation
Chapter 6.40 Camping and Storage
1. Updated the location allowed for Camping to include all sites with a legally established public
assembly use onsite, striking previous language limiting such activity to the P-F (Public Facilities)
zoning district.
Title 7: Animals
Chapter 7.04 General Provisions
1. Updated the definition of “Animals” as to not prohibit the sale of live shellfish, crabs, lobsters, or
fish from grocery stores.
Title 20: Subdivision and Land Development
Chapter 20.16 Parcel Map Procedures
1. Added an exception to access requirements for projects subject to the Multi-Family
Development and Design Standards; with a requirement for shared improvements to be
provided on a common lot maintained by a homeowner’s association.
2. Aligned the decision-making body for the parcel map with the decision-making body established
for the associated Housing Development Permit.
Chapter 20.24 Park Impact Fees and Park Land Dedication Subdivisions
1. Added a provision allowing for a reduction in fees for projects providing for public open space
meeting the requirements of Chapter 21.07 (Housing Development Regulations) of the Campbell
Municipal Code.
Title 21: Zoning
Chapter 21.01: General Provisions
Chapter 21.02: Interpretation of Provisions
Chapter 21.03: Land Use Permit Requirements
1. Updated references to Chapter 21.10 (Commercial, Office and Industrial Districts) as renamed.
2. Added a reference to Chapter 21.11 (Mixed-Use Districts).
3. Removed antiquated references to the former city redevelopment agency.
4. Added a section exempting projects which reconfigure existing square footage to increase the
number of bedrooms from public hearings.
5. Added a provision to allow land use permits submitted on or before the effective date of the
zoning code update to be carried out in accordance with the development standards and
permitting procedures in effect at the time of project submittal.
Chapter 21.04: Establishment of Zoning Districts
1. Updated to reflect new land use designations and zoning districts.
2. Established a reference table to prior zoning districts.
3. Established P-D as a legacy zoning district.
Chapter 21.06: District Boundaries
Chapter 21.07: Housing Development Regulations
1. Newly created chapter to establish objective standards for multi-family and mixed-use hosing
development projects.
2. Provides a connection in the code to the separately adopted Multi-Family Development and
Design Standards and associated Form-Based Zoning Map.
3. Provides permitting procedures, public hearing procedures, conditions and time limits,
provisions providing for an amendment of the standards, phasing of projects, and provisions
describing what constitutes a major change to a housing development project.
Chapter 21.08: Residential Districts
1. Consolidated purpose and symbol assigned to individual zoning districts in a single section and
established land uses allowed for newly established zoning districts as well as for mobile home
parks.
2. Expanded those uses allowed and prohibited by the MDR zoning district (formerly R-3) to the
newly established HDR zoning district.
3. Removed mobile home parks as an allowable use in the MHDR zoning district (formerly R-3) and
removed the reference to the maximum number of stories from the land use description and
added to the development standards table.
4. Consolidated allowable uses in the RD and RM uses, allowing the more permissive of the two to
prevail.
5. Consolidated permitted, conditional, and prohibited uses of individual zoning districts in a
zoning table.
6. SB 234: Revised the land use table to establish “family child day care homes, large” as a
permitted use in all residential zoning districts as required by state legislature.
7. Added short-term rentals to the list of expressly prohibited uses.
Chapter 21.10: Commercial, Office, and Industrial Districts
1. Renamed Chapter to capture the same land use groupings/distinctions made in the General Plan
and Chapter 21.04 (Zoning Districts Established) of the Campbell Municipal Code.
2. Consolidated purpose and symbol assigned to individual zoning districts in a single section and
established land uses allowed for newly established zoning districts as well as for mobile home
parks.
3. Increased allowed FAR (Floor Area Ratio) up to 1.0.
4. Removed 21.10.060 – CB-MUC-3 (Central Business Mixed-Use District) zoning district from this
chapter (added to Chapter 21.11 - Mixed-use districts).
5. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7 units, and
1.25 for projects between 8 to 10 units consistent with SB 478 (2021).
6. Consolidated permitted, conditional, and prohibited uses of individual zoning districts in a
zoning table.
7. Added a reference to the Figure II-64 (Parcels Allowing Emergency Shelters) within the Housing
Element and removed language describing the boundaries of the area.
8. Removed distinctions between the RD and LI zoning districts which added specificity on the
square footage and bedroom count of caretaker/employee housing as is separately regulated by
CMC 21.36.040 (Caretaker or employee housing).
9. SB 234: Revised the land use table to establish “family child day care homes, large” as a
permitted use in all residential zoning districts as required by state legislature.
Chapter 21.11: Mixed-Use Districts
1. Newly created chapter to establish new mixed-use zoning districts.
2. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7 units, and
1.25 for projects between 8 to 10 units consistent with SB 478 (2021).
3. Added an allowance for live-work units for all mixed-use zoning districts excepting the
Commercial/Light Industrial and the CB-MU (Central Business Mixed-Use) zoning district.
4. Added the CB-MU (Central Business Mixed-Use) zoning district to this chapter and incorporated
the following changes:
a. Updated the purpose statement of the zoning district to remove ambiguity as to where
residential uses shall be allowed and references to parking standards which have been
removed.
b. Removed parking standards and procedures and references to parking standards,
defaulting to those found within Chapter 21.28 (Parking and Loading).
c. Removed reference to the allowable density range to avoid future conflicts with land
use designation.
d. Clarified that the increase in FAR up to 1.5 only applies to projects without a residential
component.
e. Updated the land use table referencing the standards contained within C-3 for
Area/Master Plan areas to establish uses as Conditional where previously provided for
through an Administrative Planned Development Permit (a legacy permit type).
Chapter 21.12: Special Purpose Districts
1. Removed references to the management of how an overlay is shown on the map which are
addressed separately under Chapter 21.04 (Establishment of zoning districts).
Chapter 21.14: Overlay Combining Districts
1. Removed language directing how an overlay district symbol should be applied when shown on
the zoning map, which is separately addressed by Chapter 21.04 (Establishment of zoning
districts).
2. Removed limitations on where an overlay district may be applied in the city to address newly
created zoning districts, be more consistent with where overlays are already applied, and
provide greater flexibility for where overlays can be proposed in the future – such as the
Affordable Housing Overlay Zone (AHOZ) called for by Program H-1c (Affordable Housing
Overlay Zone) included in the Housing Element.
3. Established an ‘opt-out’ process for housing projects through the establishment of an overlay
for projects that may result in a community benefit or improved design.
4. Lowered the threshold for eligibility for consideration of a community benefit overlay
designation to 25 residential units.
Chapter 21.16: General Performance Standards
1. Added Section 21.16.105 establishing a reference in the code to the Valley Water Guidelines and
Standards for Land Uses Near Streams and assignment of responsible department for oversight
of related requirements.
2. Added Section 21.16.120 (Transportation demand management) and Section 21.16.130
(Transportation analysis and improvements) to implement actions T-4.j. and T-4.l. of the General
Plan (Envision Campbell 2040).
Chapter 21.18: Site Development Standards
Chapter 21.20: Density Bonuses and Other Housing Incentives
1. Renamed Chapter from “Density Bonus and other incentives for affordable residential units,
senior housing and childcare facilities” to as indicated above.
2. Restructured Chapter to reference standards and tables contained in state law and removed
locally established standards and tables which were out of date.
3. Added clarity on how a density bonus is calculated.
4. Added clarity on how concessions and waivers are applied.
5. Added a definition to clarify that Accessory Dwelling Units, and Junior Accessory Dwelling Units
shall not count as a living unit for purposes of the Chapter.
6. Added a new density bonus income category for acutely low- and extremely low-income units,
which are provided an additional density bonus over that provided for very low-income units in
furtherance of Program H-5s (Density Bonus Incentives for ELI Units) from the Housing Element.
7. Added a provision allowing for a 30% density bonus for projects that provide 5% of the total
living units as target units restricted to acutely or extremely very low-income households.
8. Established a connection to the priority preference criteria established by the city’s Inclusionary
Housing Ordinance for density bonus units.
Chapter 21.23: Accessory Dwelling Units
1. Incorporates amendments in response to SB-897 and AB-2221 as follows:
a. Recognize concept of “Statewide Exemption ADU” (≤ 800 SF, with 4-ft side/rear
setbacks, and not taller than 18-ft) that are permitted exceptions to FAR, Lot Coverage,
building separations, open space, and front setback requirements.
b. Allow for a minimum allowable ADU height of 18-ft, with an additional 2-ft allowed to
match the roof pitch of the primary home.
c. Eliminate the parking requirement for ADUs, recognizing that the multitude of
exceptions has essentially annulled any parking standard.
d. Establish an amnesty section to legalize unpermitted ADUs constructed prior to January
1, 2018 that otherwise do not comply with local or State development standards,
subject to general provisions and restrictions.
Chapter 21.24: Inclusionary Housing Ordinance
1. Updated a reference to a former housing element policy to point to a new goal established by
the 2023-2031 Housing Element.
2. Added a definition for an extremely low-income household.
3. Updated the definition of living unit to clarify that Accessory Dwelling Units, and Junior
Accessory Dwelling Units shall not count as a living unit for purposes of the Chapter.
4. Updated to require for-sale projects to provide the same allocation of units available to lower-
income and very low-income units that is required for rental projects (partially implementing
Program H-1a – Inclusionary Housing Ordinance Implementation from the Housing Element).
Chapter 21.26: Landscaping Requirements
1. Established landscape standards for mixed-use districts.
2. Clarified the definition of landscaping.
Chapter 21.28: Parking and Loading
1. Removed a cross reference to parking standards contained in the C-3 zoning ordinance.
2. Clarified that parking requirements are totaled for all uses prior to rounding.
3. AB 970 – Updated the code to reduce the number of parking spaces by the amount necessary to
accommodate the electrical vehicle charging station if the electrical vehicle charging station and
associated equipment interferes with, reduces, eliminates, or any way impacts the required
parking spaces for existing uses.
4. AB 1100 – Updated the code to clarify that charging spaces count as at least one standard
vehicle space for complying with minimum parking space requirements and that accessible
charging spaces with an access aisle count as at least two standard parking spaces.
5. AB 2097 – Updated the code to remove minimum parking requirements for residential,
commercial, and/or other development projects that is located within ½ mile of public transit.
Clarified the meaning of bus routes, consistent with the definition provided by the Metropolitan
Transportation Commission (MTC), because a specific definition of intersection is not provided
by the statue.
6. Established provisions allowing for the reduction in the number of parking spaces when
necessary to meet minimum accessible access requirements.
7. Established standards for the prioritization of the assignment of parking spaces when provided
on property with residential uses.
8. Adjusted parking standards, primarily resulting in a reduction of parking requirements for
residential uses contained in Table 3-1.
9. Updated parking standards for emergency shelters consistent with Housing Element Program H-
3g.
10. Consolidated situations (i.e., proximity to public transit pursuant to AB 2097) and parking
reduction strategies which may be used reduce the number of required parking spaces under a
single section. Established new shared parking and rideshare parking reduction strategies for
mixed-use projects.
11. Removed the option to apply for a parking modification permit to reduce the parking obligation
of residential uses.
12. Clarified that the minimum length for a driveway serving single-family and two-family uses is
exclusive of any public right-of-way.
13. Established a minimum guest parking ratio for residential projects where no other standard is
provided.
14. Established a minimum bicycle parking requirement for residential (one space per unit) and non-
residential (one space per 2,500 square feet of gross floor area) uses.
15. Added a requirement for at least one loading parking space for apartment buildings and mixed-
use developments with 16 or more units and direction for when to stripe a loading space white
or yellow.
Note: The updates made to these sections do not address the streamlining/timeline or checklist
requirements of AB 970 or AB 1236, which are to be addressed in a future update to the Campbell
Municipal Code addressing permit processing times and shot clocks related to other recently passed
state legislation (e.g., ADUs, photovoltaic, wireless facilities).
Chapter 21.30: Signs
Chapter 21.32: Tree Protection Standards
1. Added Findings for removal of trees that prevent development of a housing development
project (includes SB 9 properties)
Chapter 21.33: Historic Preservation
Chapter 21.34: Wireless Communications Facilities
1. Correcting references to FCC requirements.
Chapter 21.36: Provisions Applying to Special Uses
1. Removed 21.36.070 (Large family child care homes) in response to SB 234 (2019) which
prohibits treating family child care homes differently from any other residential use.
2. Incorporated standards previously established by 21.36.070 (Large family child care homes) into
21.36.080 (Commercial child care centers).
3. Updated 21.36.085 (Emergency shelters) to remove reference to a specific land use permit type
and location, which is established separately under Article 2 (Zoning Districts).
4. Changed permitting requirements for large family day care homes, removed appeal procedures
5. Updated 21.36.095 (Health and fitness centers/studios) to remove reference to a specific land
use permit type.
6. Established Section 21.36.115 (Liquor establishments. as a special use and relocated findings
previously specified found under Section 21.46.070 (Special findings for liquor establishments)
to this newly created section.
7. Removed Section 21.36.130 (Mixed-use development) which standards have been superseded
by Chapter 21.07 (Multi-Family Development and Design Standards).
8. Updated 21.36.150 (Outdoor seating) to remove reference to a specific land use permit type,
removed reference to specific application submittal requirements which are provided for by the
city’s established application forms.
9. Updated 21.36.170 (Public assembly uses) to remove reference to a specific land use permit
type relying instead on other sections of the code.
10. Updated 21.36.270 (Massage establishments) to add date of adopting Ordinance and remove
reference to a specific land use permit relying instead on other sections of the code.
11. Added Chapter 21.36.207 (Single-room occupancy facilities) establishing requirements for such
facilities.
12. Updated 21.36.243 (Tutoring centers) to remove reference to a specific land use permit type
relying instead on other sections of the code.
Chapter 21.38: Application Filing, Processing, and Fees
1. Updated to include a reference to the establishment of an Administrative Conditional Use
Permit and assign decision making body and role.
2. Updated to reference new permit processes established by Chapter 21.07 (Housing
Development Regulations) and assign decision making body and role.
Chapter 21.39: Ministerial Approvals
1. Established new permitting procedures and processing timelines consistent with recent bills
(e.g., SB 35, AB 2162, and AB 101) which require cities to evaluate certain projects through a
streamlined ministerial review process. This section serves to implement California Government
Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier
Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process").
Chapter 21.40: Zoning Clearances
1. Added eligible facilities requests (wireless) to be eligible for zoning clearances to memorialize
current practice.
Chapter 21.41: Pre-Applications
1. Revised the mandatory pre-application process to reflect permitting requirements in Chapter
21.07.
2. Established a voluntary pre-application process for projects subject to the Specific to Large Site
Standards established by Chapter 21.07 (Housing Development Regulations).
Chapter 21.42: Site and Architectural Review
1. Added language to clarify permitting procedures for reconfiguration of existing square footage
for residential to comply with AB 916.
2. Clarified applicability for projects within the Campbell Village Neighborhood Plan.
3. Added language to clarify permits filed under 21.07 (Multi-Family Development and Design
Standards) are not subject to the section.
Chapter 21.44: Home Occupation Permits
1. Updated to allow cottage food operations to comply with state law (AB 1616 and AB 1144)
Chapter 21.45: (Temporary Uses)
1. Updated to correct formatting error in the title of the Chapter.
Chapter 21.46: Conditional Use Permits
1. Established Admin. Conditional Use Permit process.
2. Relocated Special Findings for Liquor Establishments to Chapter 21.36 (Special Uses)
Chapter 21.50: Reasonable Accommodations
1. Updated to account for amendments in the Federal Fair Housing Amendments Act of 1988 and
the California Fair Employment and Housing Act.
Chapter 21.54: Administrative Responsibility
1. Established provisions for the Community Development Director to establish a designee for the
Historic Preservation Board, consistent with current practice.
2. Added clarity to the role of the Site and Architectural Review Committee in its role reviewing
existing and newly established permits.
Chapter 21.56: Permit Implementation Timeline
1. Added a provision to allow recordation of a map to serve as grounds to establish a project.
2. Included provisions for the amendment of legacy permit types.
Chapter 21.58: Nonconforming Uses and Structures
1. Clarified the definition of nonconforming use to clarify that residential density does not
constitute a nonconformity.
2. Updated the non-conforming use restrictions to include reference to specific ordinances where
previously adopted.
3. Clarified that Policy “E” of the San Tomas Area neighborhood plan only pertains to projects
subject to the plan and not all projects located within its limits.
Chapter 21.60: Amendments (General Plan, Zoning Code, and Zoning Map Amendments)
1. Updated findings required to approve a General Plan Amendment.
2. Extended authority to initiate an amendment to the General Plan to include the City Manager.
3. Extended authority to initiate an amendment to the Zoning Code or Zoning Map to include City
Manager and Community Development Director.
4. Added a requirement to update the Form-Based Zone Map with any proposed change to a
residential land use or zoning.
Chapter 21.62: Appeals
1. Updated to add Administrative Conditional Use Permit and reordered section to reflect
alphabetical order.
Chapter 21.64: Public Hearings
1. Standardized public noticing requirements for properties within the San Tomas Area.
Chapter 21.68: Revocations and Modifications
1. Broadened language related to revocations and modifications to account for non-punitive
actions that may be taken to rescind a legacy permit type.
Chapter 21.70: Administrative Decision Process
2. Added Administrative Conditional Use Permit to 21.71.020
3. Reorganized order to 21.71.020 to alphabetical order.
Chapter 21.72: Definitions
1. Amended and added various definitions related to development and to support newly
established sections of code not limited to their respective Chapters and comply with state and
federal law.