PC Res 2562RESOLUTION NO. 2562
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL
CODE, CHAPTER 21.26. (C3 CENTRAL BUSINESS DISTRICT)
TA 88-04
AFter notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after presentation
by the Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, and based upon the following
findings, the Commission did determine that there was a significant need to
amend Chapter 21.26 (C3 Central Business District) of the Campbell Municipal
Code to provide development and use regulations for the downtown area.
The C3 Zoning District will be consistent with the General Plan and
the adopted Downtown Development Plan.
Specific zoning regulations for downtown are needed in order to
implement the Downtown Development Plan.
The Planning Commission does hereby recommend that the City Council adopt the
attached Ordinance enacting the necessary legislation to make the proposed text
amendment effective.
PASSED AND ADOPTED this 25th day of October 1988 by the following roll call
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Stanton, Perrine, Olszewski, Walker,
Dickson, Christ
Kasolas
None
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER
21.26 (C3 CENTRAL BUSINESS DISTRICT)
OF THE CAMPBELL MUNICIPAL CODE (TA 88-04)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.26 (C3 Central Business District) of the
Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached
hereto.
SECTION TWO: This Ordinance shall become effective thirty days following its
passage and adoption and shall be published once within fifteen days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City ~f Campbell, County of Santa Clara.
PASSED AND ADOPTED this
roll call vote:
day of , 19
, by the following
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Jeanette Watson, Mayor
ATTEST:
Barbara Olsasky, City Clerk
EXHIBIT A
C3 CENTRAL BUSINESS DISTRICT
21.26.010
21.26.020
21.26.030
21.26.040
21.26.050
21.26.060
21.26.070
21.26.080
21.26.090
21.26.100
21.26.110
Purpose.
Uses permitted without use permit.
Uses permitted with use permit.
Uses prohibited.
Required setbacks.
Building height.
Floor area ratio.
Automobile parking.~
Development review regulations.
Signs.
Nonc?nforming buildings and uses.
21.26.010 Purpose.
The Central Business District Commercial zone is intended to be a
comprehensive zoning district for the downtown business area. The C3
District is specifically created to promote the following objectives in
the downtown area of Campbell:
To retain and enhance the downtown as a unique retail
environment.
To enhance the downtown as an economically viable retail and
business center serving primarily local and community commercial
needs.
To ensure the availability of adequate parking for retail and
service commercial customers and to encourage the joint
utilization of parking.
To promote ground floor retail use and to promote a mix of uses
dow~ltown.
To establish development intensities consistent with the scale of
the downtown area and the amount of parking which can be
accommodated within and adjacent to it.
To reinforce Campbell Ave. as a pedestrian orientated retail
street.
To maintain the comfortable scale, character, and diversity of a
small town business district.
To preserve and enhance significant historic buildings within the
downtown.
To improve pedestrian, visual, and vehicular connections between
downtown and adjacent areas.
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10.
To. insure that new building and remodeling in the downtown is of
high architectural design quality.
11. To encourage architectural diversity in the downtown.
21.26.020 Uses permitted without use permit.
The following uses are permitted without a use permit provided such
uses comply with all provisions of this chapter and are conducted entirely
within an enclosed building unless otherwise approved, in accordance with
Section 21.26.030:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13
14.
15.
17.
20.
22.
23
24.
25.
26.
27.
28.
29.
30.
31.
32.
Antique store
Art Gallery
Bakery
Barber shop.or beauty parlor
Clothes cleaning or pressing agency
Clothing or shoe store
Custom dressmaking, tailor, or millinery shop (no factory)
Department store
Drug store
Dry goods or notions store
Fabric store
Florist or gift shop
Food store
Furniture, electronics, or appliance store
Grocery store
Hardware store
Hobby or crafts store
Jewelry store
Luggage or leather goods store
Meat market or delicatessen
Offices, including administrative, executive, financial, real
estate, general business, and professional, except on the ground
floor for parcels abutting E. Campbell Ay. east of Second St.
Pet shop
Photographic studio or photo processing
Plant store
Print or publishing shop
Restaurant (standard restaurant only)
Shoe-repair
Sporting goods store
Travel agency
Variety/general merchandise store
Video rental store
Other uses similar to the above pursuant to Section 21.59.070.
21.26.030 Uses permitted with use permit.
The uses listed below are permitted subject to approval of a
conditional use permit as prescribed in Chapter 21.72 (Conditional Uses),
provided that such uses must be conducted wholly within an enclosed
building unless otherwise approved. Any use permit approved by the
Planning Commission in the C3 zoning district shall be referred to the
City Council for ratification. Use permits approved under the provisions
of this section shall not become effective unless and until such
ratification is given:
1. Those uses specified in Section 21.72.120, Additional Uses
Permitted
2. Arcade (containing amusement devices and games)
3. Bank or similar financial institution
4. Bookstore
5. Fast food restaurants
6. Health spa or figure salon
7. Liquor establishments (includes any business, private club, or
other activity which offers for sale any product containing
alcohol for the consumption by humans, either on or off the
premises, and for which a license or permit is required by the
State Alcoholic Beverage Control Department).
8. Night club or live entertainment
9. Offices, including administrative, executive, financial, real
estate, general business, and professional located on the ground
floor of parcels abutting E. Campbell Ay. east of Second St.
10. Record store
11. Residential condominiums or apartments (upper floors only)
12. Parking lot or structure
13. Second hand or thrift store
14. Theatre
15. Uses conducted outside of buildings, subject to the following:
A. The outside use shall not obstruct any public right-of-way
B. The outside use shall be limited to an area specifically set
forth in the conditional use permit, and to the use set
forth therein
C. The outside use shall be designed and maintained in a manner
that is aesthetically harmonious with the surrounding
structures
D. The outside use shall be operated, designed and maintained
in a manner to prevent any obnoxious or offensive noises or
odors from being perceptible beyond the boundaries of the
property.
16. Other uses similar to the above pursuant to Section 21.59.070.
21.26.040- Uses prohibited.
The following uses are prohibited in the C3 District and its
subdistricts:
Storage of industrial vehicles, except for the purpose of loading
and unloading.
The storage or warehousing of merchandise or products in the
building or on the premises for sale other than at retail on the
premises.
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The outdoor storage of merchandise or products, unless otherwise
approved, in accordance with Section 21.26.030.
The assembly, compoundin§, manufacturing, or processing of
merchandise or products, except such as are customarily
incidental or essential to permitted retail commercial and
service uses.
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 emission of dust, fumes, glare, heat,
liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance.
21.26.050 Required setbacks.
The following setbacks from the street property line are required in
the C3 district:
E. Campbell Ave.: None allowed, unless the City Council, upon
recommendation of the Planning Commission, finds that a setback
would better serve the public safety or welfare, and would not be
detrimental to the overall design of the area.
North and south streets intersecting with E. Campbell Ave.: None
allowed for a distance of 80 feet from E. Campbell Ave, unless
the City Council, upon recommendation of the Planning Commission,
finds that a setback would better serve the public safety or
welfare, and would not be detrimental to the overall design of
the area.
3. Civic Center and Orchard City Dr.: 10 feet, minimum.
North and south streets intersecting with Civic Center or Orchard
City Drive: 10 feet for a distance of 80 feet from Civic Center
or Orchard City Drive.
5. Elsewhere: Up to 10 feet (optional).
21.26.060 . Buildin~ heisht.
The maximum height in the C3 district shall be 45 feet, except that
with approval of a conditional use permit, pursuant to Section 21.26.030,
the maximum height shall be 75 feet.
21.26.070 Floor area ratio.
The maximum floor area ratio (FAR) in the C3 district shall be 2.0 to
1., except that with approval of a conditional use permit, pursuant to
Section 21.26.030, the maximum FAR shall be 4.0 to 1.
21.26.080 Automobile parking.
The provisions of Sections 21.50.010, 21.50.030, 21.50.040, and
21.50.060 of Chapter 21.50 (Parking & Loading) shall apply to the C3
district. However, the following requirements shall apply in the C3
district in lieu of Sections 21.50.020 and 21.50.050:
Parking Zone 1 and Parking Zone 2 are created as indicated on Map
1 which is incorporated within this Chapter.
2. The requirements for Parking Zone 1 are as follows:
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All new parking shall be provided in shared parking
facilities, unless the City Council, upon recommendation of
the Planning Commission, finds that another parking
arranggment would better serve the public safety or welfare,
and would not be detrimental to the overall parking and
circulation in the area.
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 such shared
parking is in effect.
Legally existing uses shall be required to meet the new
parking standards when there is a change in use to one which
requires more parking than is currently provided, unless the
City Council, upon recommendation of the Planning
Commission, finds that the existing parking will adequately
meet the demands generated by the change in use, and will
not be detrimental to the overall parking and circulation in
the area.
The required shared facility parking ratios, based on gross
square footage of a building, unless otherwise indicated,
are as follows (parking spaces/square foot):
Retail
Office
Standard
Restaurant
Bank
Residential
Service
Commercial
1:345 sq.ft. (gross)
1:425 sq.ft. (gross)
1 space per 4 seats
1:200 sq.ft. (gross)
2 per unit
1:345 sq.ft. (gross)
3. The requirements for Parking Zone 2 are as follows:
Participation in public, shared parking facilities shall be
permitted only after all Parking Zone 1 uses have been
accommodated, subject to availability of adequate sites for
parking development.
Parking requirements may be reduced by the City Council for
mixed use projects, to the extent justified, when:
Adequate shared parking is provided to compensate for
the lack of parking designated for the business; and
An agreement acceptable to the City, which provides for
use and maintenance of the shared parking is entered
into.
Any adjustment made pursuant to this provision shall not
reduce the parking requirements of Zone 2 beyond the parking
requirements for Zone 1.
Legally existing uses shall be required to meet the new
parking standards when there is a change in use to one which
requires more parking than is currently provided, unless the
City Council, upon recommedation of the Planning Commission,
finds that the existing parking will adequately meet the
demands generated by the change in use, and will not be
detrimental to the overall parking and circulation in the
area.
The required parking ratios based on gross square footage of
a building, unless otherwise indicated, are as follows
(parking spaces/square foot):
Retail
Office
Standard
Restaurant
Bank
Residential
Service
Commercial
1:300 sq.ft. (gross)
1:385 sq.ft. (gross)
1 space per 3 seats
1:200 sq.ft. (gross)
2 per unit
1:300 sq.ft. (gross)
21.26.090 Development review re~ulations.
Downtown Development Permit. Unless otherwise specified in this
Chapter, no building, structure, or use shall be created,
maintained, established, erected, constructed, enlarged, placed,
or installed in the C3 District unless and until a Downtown
Development Permit (DDP) is issued.
Application: Application for a Downtown Development Permit shall
be filed with the Planning Director. All applications shall be
accompanied by a filing fee in accord with the schedule of fees
established by the City Council, no part of which is refundable.
The Planning Director shall prescribe the form of application and
data to be filed with the application. A development plan shall
be required to accompany the application. If development is to
be carried out in stages, each stage shall be shown on a master
plan of development. The 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 of the City
and will aid in the harmonious development of the immediate
area. The plan shall include proposed buildings or structures
with elevations which 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
or loading facilities.
The Planning Director may also require such other information as
it considers necessary. A development schedule indicating the
latest date on which construction of the project is to begin and
anticipated date of completion is required.
Design standards. 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 patti or style adopted for the project.
Architectural design shall be of high quality, measured against
contemporary standards.
The following sections (1) Building mass, (2) Building form and
composition, (3) Storefronts, (4) Materials, colors and finishes,
and (5) Other elements, are guidelines encouraging the relation
of specific project aspects to the designated architectural parti
or style.
Buildings and structures in the C3 District shall conform to the
following design standards:
A. Building mass.
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Large building facades greater than 40 feet in length
shall be divided into smaller elements 20 to 30 feet
long, to complement the intimate scale created by the
existing small property divisions.
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.
Roof design shall be consistent with the huildtng'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.
The existing residential building types of historical
significance should retain their character, including
features such as landscaped setbacks.
Building form and composition.
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Unique and historic building elements such as parapet
details and belt courses shall be retained and
~estored.
Traditional commercial building forms should be
incorporated whenever practical.
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Open air dining areas facing Campbell Ave. 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.
Upper stories in multi-story 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.
Architecturally exemplary design of high quality shall
be employed. Building should not be made to look "old
time" unless such design would be clearly more
appropriate and harmonious with the purposes of this
Chapter.
Buildings shall incorporate base, cornice, and other
elements appropriate to their architectural style.
Storefronts.
First floor frontages shall have an integrated design
including display windows, an entry and signing.
The design of the building storefront shall be
consistent with the building's architectural style.
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 with
the purposes of this Chapter than would be the case if
elements of visual interest were incorporated.
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Buildings facing Campbell Ave. shall have their primary
entries along that street.
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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 Chapter.
Doors and windows shall be of clear glass. Unglazed
wqod 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.
Storefront windows shall reflect the building's
character. For instance, on 1940's and 50's "showcase"
buildings exposed aluminum frame windows are
appropriate.
Ground floor offices facing Campbell Ave. are required
to maintain the same storefront character as retail
spaces.
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.
Materials, colors and finishes.
Primary facade materials shall be limited to those
which are characteristic of the buildtng's
architectural style.
Exterior wall finishes shall be smooth and of finished
quality, not deliberately rough in an attempt to look
antiqued or used.
Primary building colors shall be characteristic of the
butldtng's architectural style. Overly bright, garish,
or otherwise offensive colors or color combinations are
prohibited.
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.
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Painted trim shall coordinate with primary facade
colors to add more depth and interest to the buildings.
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A coordinated color scheme which 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.
E. Other elements.
Trash collection and storage areas shall be carefully
screened.
Mechanical equipment shall be screened from view.
Exhaust louvers shall not be located in the storefront
areas.
Colorfully landscaped planters are allowed. These are
especially appropriate below second floor windows.
d. Ail building maintenance shall be done conscientiously.
Action by Plannin~ Director. The Planning Director may, upon
recommendation of the Redevelopment Director, review and decide
applications for minor additions or alterations to existing
buildings and minor changes in plans which have previously been
approved. Minor changes are limited to modifications in the site
plan and elevations that will not change the overall character of
the proposed development. The Planning Director may also approve
new uses in existing buildings when the new use is similar in
character and intensity to the use originally approved. However,
if the Planning Director finds that the proposed development or
use will have a substantial effect on the surrounding area, he
shall refer the application to the Planning Commission for
consideration.
Action by the Site & Architectural Review Committee.
The Site and Architectural Review Committee (as specified in
Section 21.42.030) shall review all development plans (except
those approved by the Planning Director as specified in Section
21.26.100(4) and make reports and recommendation on each
application to the Planning Commission.
6. Action by the Plannin~ Commission.
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The Planning Commission shall hold a public hearing on a
Downtown Development Permit application. The hearing shall
be noticed as prescribed in Chapter 21.78, Public Rearing
Notice Procedures.
Following public hearing and within 60 days after the
acceptance of the application for a Downtown Development
Permit, the Planning Commission shall report its findings
and recommendation to the City Council by resolution, unless
the application is continued with the concurrence of the
applicant, in which case the 60-day period may be exceeded.
The Planning Commission may recommend conditions as it deems
reasonable and necessary under the circumstances to carry
out the intent of this Chapter and the General Plan. The
Plannipg Commission may also recommend time limits within
which the condition must be fulfilled and the proposed
development started and completed.
Action by City Council.
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 as
prescribed in Chapter 21.78, Public Hearing Notice
Procedures.
The City Council shall render its decision by resolution
within 30 days after the conclusion of such public hearing.
Upon a finding that the proposed development or uses is in
conformance with the provision of Title 21, the City Council
may approve the application.
In approving the application, the City Council may require
such conditions as it deems necessary and appropriate to
secure the purposes of this title and the General Plan, and
may require guarantees and evidence that such conditions are
being or will be complied with. The City Council may impose
time limits within which the conditions must be fulfilled
and the proposed development started and completed.
Notification of decision. The Planning Director shall give
written notification of the decision to the applicant. In the
case of approval, the notification shall include all conditions
and time limits.
RiKht of appeal.
Any persons aggrieved by a decision of the Planning Director
or Planning Commission may appeal following the procedures
as prescribed in this Section.
An appeal may be made to the Planning Commission by the
applicant or any other interested party from any
discretionary administrative decision or interpretation made
by the Planning Director or any City Official under this
Chapter. Such appeal shall be filed with the Planning
Director. Ministerial actions granting or denying a permit
under this Chapter are final and may not be appealed.
An appeal may be made to the City Council by the applicant
or any other interested party from any decision of the
Planning Commission under this Chapter. Such appeal shall
be filed with the City Clerk.
All appeals shall be made by filing a written notice
thereof, signed by the appellant, clearly identifying the
decision or interpretation from which the appeal has been
taken and the grounds for the appeal. The notice of appeal
must be received by the Planning Director or the City Clerk
not later than ten calendar days following the date of the
action from which the appeal has been taken. Any decision
not appealed within the ten-day period shall be final.
Appeals to Planning Commission.
An appeal to the Planning Commission from a
discretionary administrative decision or interpretation
shall be scheduled for hearing at the earliest regular
meeting of the Planning Commission consistent with
agenda preparation requirements and meeting schedules.
The Planning Commission shall not be required to hold a
public hearing, however nothing herein shall prevent
the Planning Commission, in its discretion, from
receiving testimony or other evidence from any persons
pertaining to the subject of appeal.
The Planning Commission may affirm, reverse, or modify
the administrative decision or interpretation, and may
refer the matter back to the Planning Director or other
Gity Official for such further action as may be
directed by the Planning Commission. The Commission
shall make such findings as may be required to support
its decision.
Appeals to City Council.
An appeal to the City Council from a decision of the
Planning Commission shall be scheduled for hearing at
the earliest regular meeting of the City Council
consistent with agenda preparation requirements and
meeting schedules. The City Council shall not be
required to conduct a noticed public hearing unless
10.
11.
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the action by the Planning CommisSion was taken in
connection with a proceeding which required public
hearing; provided, however, that nothing herein shall
prevent the City Council, in its discretion from
receiving testimony or other evidence from any person
pertaining to the subject matter of appeal.
The City Council may affirm, reverse or modify the
decision of the Planning Commission, and may refer the
matter back to the Planning Commission for such further
action as may be directed by the City Council. The
City Council shall make such findings as may be
required to support its decision.
Development schedule expiration and revision. A development
schedule ip.dicating the latest date on which construction of the
project is to begin and the anticipated date of completion shall
be approved with the project. A development schedule may be
extended or reinstated by the City Council upon receipt of a
written request which includes a new development schedule.
All applications for an extension or a reinstatement of a
development schedule shall be accompanied by a filing fee in
accord with the schedule of fees established by the City Council,
no part of which is refundable.
Modification of approval. Unless approved under Section
21.26.090 (4), all application for modification to approved
Downtown Development Permits (such as a change in use or
conditions, or a modification to the plans) must be approved by
the City Council, by resolution, upon recommendation of the
Planning Commission. All applications for modifications must be
accompanied by a filing fee in accord with the schedule of fees
established by the City Council, no part of which is refundable.
12. Permits not to be issued if nonconformance exists. No Downtown
13.
Development Permit, building permit, business license, or any
other type of permit shall be issued for any use in a C3 District
where such use does not conform to the development plan as
approved by the City Council, except as provided for in Chapter
21.64 (Nonconforming Buildings) and Chapter 21.66 (Nonconforming
Uses.)
Inspection by Plannin~ Director. From time to time the Planning
Director shall compare the actual development accomplished in the
various C3 Districts with the approved development schedule, and
shall report his findings to the City Council.
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14. Revocation.
The Plannin§ Director may issue a notice of noncompliance
for any failure to comply with any condition of a downtown
development permit, deviation from approved plans, or for
failure to comply with any state law or local ordinance, or
if the use creates a nuisance. If the noncompliance or
nuisance is not abated, corrected, or rectified within the
time specified in said notice, the Plannin§ Director shall
set a date for public hearin§ before the Plannin§
Commission. The public hearing shall be noticed as
prescribed in Chapter 21.78, Public Hearin§ Notice
Procedures.
Following public hearing, the Planning Commission shall
report.its findings and recommendations to the City Council
by resolution. The Planning Commission may recommend
revocation, suspension, or modification of a downtown
development permit upon finding that:
A violation of one or more conditions of the Downtown
Development Permit exists and was not abated,
corrected, or rectified within the time specified on
the notice of noncompliance; or
A violation of any ordinance or state law exists and
was not abated, corrected, or rectified within the time
specified on the notice of noncompliance; or
c. The use as presently conducted creates a nuisance.
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Upon 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 as
prescribed in Chapter 21.78, Public Hearing Notice
Procedures. Following public hearing and after
consideration of the Planning Commission report, the City
Council shall render its decision by resolution. The City
Council may revoke, suspend, or modify a downtown
development permit upon finding that:
A violation of one or more conditions of the downtown
development permit exists and was not abated, corrected
or rectified within the time specified on the notice of
noncompliance; or
A violation of any ordinance or state law exists and
was not abated, corrected, or rectified within the time
specified on the notice of noncompliance; or
c. The use as presently conducted creates a nuisance.
21.26.100 Signs.
Signs may be erected in accordance with the provisions of Chapter
21.53 (Signs), except that the following standards shall supercede those
listed under Section 21.53.090:
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.
Allowable signs: Each business shall be allowed one square
foot of sign area for each one linear foot of business
frontage. A minimum of 20 square feet is allowed and a
maximum of 40 square feet allowed for each business.
Si~n materials: Appropriate sign materials include enameled
metal, neon tubing, painted wood, cast metal, painted fabric
and similar materials. Plastic signs should not be approved
unless it is demonstrated that the use of such plastic signs
at the proposed location would be more harmonious with the
purpose of this Chapter than the foregoing enumerated
materials.
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 multi-storied 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.
AwninKs: Awnings may be used in lieu of wall signs. An
insignia or name may be painted, silk screened or appliqued
onto the awning. Awnings may project 5 feet into the public
right-of-way on Campbell Ave. and must maintain a minimum
clearance of 8 feet from the ground. All other streets
shall be limited to a 2-foot projection and have a minimum
clearance of 8 feet. Awnings must be securely attached to
building and well maintained. No supports or poles may be
located in the public right-of-way. Awning forms must be
carefully chosen to complement the architectural style of
the building to which they are fixed.
6. ProjectinK SiKhS:
In lieu of a wall sign or awning sign, a business is
allowed one projecting sign. The projecting sign may
serve to identify more than one tenant in the
building. If the projecting sign is double-faced, its
area must be calculated for each side of the sign,
and the total area must fall within the total allowable
sign area for the business. Signs fronting E. Campbell
Ave. may project 4 feet over the public right-of-way
with a minimum 8 foot clearance from the ground. Signs
fronting the side streets and loop streets may project
2 feet into the public right-of-way and have a minimum
10 foot clearance above the ground.
Banners may be used as an alternate type of projecting
sign, if consistent with the architectural style of the
building to which they are fixed. Only fabric banners
may be used. The image may be painted, silk screened
or appliqued onto the fabric. Each side must be
calculated into the total allowable sign area. Ail
banners must be well maintained and of professional
quality.
Window graphics: In addition to other allowed signing, each
business may have one window graphics display. Letters
shall be gold, white or other light colors. The signing
must constitute 20 percent or less of a businesses' window
area.
LiKhtin~: Only external illumination of signs is allowed
except for neon or individual letter signs.
21.26.110
Design: Ail signs are required to be designed by a
professional architect, graphic designer, or designer
working for a sign company, or other design professional.
Nonconforming buildings and uses.
Nonconforming buildings and uses shall be governed by the standards
set forth in Chapter 21.64 (Nonconforming Buildings) and Chapter 21.66
(Nonconforming Uses).