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CC Ordinance 2070 ORDINANCE NO. 2070 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE CITY OF CAMPBELL ZONING CODE UPDATE - PHASE II, WHICH INCLUDES TEXT AND DIAGRAM AMENDMENTS TO THE ZONING CODE (TITLE 21 OF THE CAMPBELL MUNICIPAL CODE). After notification and public hearing as specified by law on the proposed City of Campbell Zoning Code Update - Phase II and after presentation by the Community Development Director, proponents and opponents, the City Council did determine that the adoption of the City of Campbell Zoning Code Update - Phase II, which includes text and diagram amendments to the Zoning Code (Title 21 of the Campbell Municipal Code) are warranted based upon the following findings: 1. The Zoning Code embodies the zoning regulations which identify the procedures and requirements for filing, reviewing, processing, approving, and implementing development applications while implementing the goals, policies, and strategies of the 2001 Campbell General Plan. 2. In May 2004, the City Council adopted Phase I of the Zoning Code Update which included a comprehensive update of the City's Zoning Code. 3. Phase II of the Zoning Code Update will address items that were not completed during Phase I, policy issues, and various code implementation issues that have arisen since the adoption of the revised Zoning Code in May 2004. 4. The City Council held three study sessions to address several policy issues that are a part of Phase II, including: sign regulations; noise regulations; and the code enforcement regulations. 5. The Planning Commission held one study session to provide specific direction on the code enforcement regulations and sign regulations. 6. The amendments to Zoning Code include text and diagram changes in the following: the Fence regulations; Enforcement Chapter; Site and Architectural Review Chapter; numerous permit processes and procedures (Article 5, Zoning Code Administration and Article 4, Land Use/Development Review Procedures); a new administrative decision process for discretionary staff level review and decisions; Tree Removal Regulations; Wireless Telecommunications Facilities Chapter; a 24-month amortization of legal non-conforming motor repair facilities; Sign Chapter; Planned Development Zoning District; and miscellaneous clerical errors. 7. A majority of the proposed amendments are to address changes to permit processes and procedures which affect many sections of the code through cross-referencing within the Code. City Council Ordinance Adopting the Zoning Code Update - Phase II Page 2 8. 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 non- commercial nature. However, the unregulated proliferation of signs creates a cluttered visual environment and can impede the free and safe flow of vehicular and pedestrian traffic, unnecessarily detracting from the public health, safety, and welfare in a manner that is indecent and offensive to the senses by unnecessarily cluttering the environment and constituting a public nuisance. 9. The proliferation of manual and/or electronic readerboard signs would detract from the visual quality of the City due to their potential to be visually cluttered and distracting. These types of signs also have the potential to create distractions to pedestrians and motorists if used in an animated fashion at inappropriate locations. The over proliferation of such signs will create a chaotic environment that is not architecturally compatible with the buildings and their surrounding environment within the community. However, the City recognizes that readerboard signs have a generally greater utility for theater of concert hall types of uses that have constantly changing offerings. In order to allocate the availability of readerboard signs in a manner that reduces uncontrolled proliferation, it makes sense to allocate the signs to the types of uses, such as theaters, for which they have a greater utility. 10. The regulation of signs along freeways and expressways is necessary to promote the safety and recreational value of public travel, and avoid visual clutter that detracts from the environment. However, the City recognizes that certain land uses, such as gasoline stations, hotels and motels, larger retail establishments that tend to have a regional draw, and larger regional commercial schools can be more dependent on freeway oriented signs than other types of uses. In order to allocate the availability of freeway oriented signs in a manner that reduces uncontrolled proliferation, it makes sense to allocate the signs to the types of uses, such as gasoline stations, hotels and motels, larger retail establishments that tend to have a regional draw, and larger regional commercial schools, for which such signs have a greater utility. 11. While the City recognizes the traditional placement of signs and advertising on vehicles that are regularly used for transportation by businesses and individuals, the City is also aware of an apparently increasing practice of using vehicle-mounted signs as de facto freestanding signs and off-site signs that are not used primarily for transportation, but used primarily as an additional sign in an effort to circumvent the uniform regulations that would apply to the sign if it were not on a vehicle. Consequently, the City recognizes the need to regulate vehicle signs in order to evenly, fairly and effectively apply the City's sign regulations to everyone. 12. The City is dedicated to the expedient processing of applications for sign permits, so as to afford everyone the certainty of a timely decision. However, the steps necessary to process a sign application include the inspection of the site, review of City Council Ordinance Adopting the Zoning Code Update - Phase II Page 3 the plans to determine if the signs will comply with the Sign regulations, and written notification by the Community Development Director. In addition, hearings before the Planning Commission entail public noticing, in compliance with the requirements of Chapter 21.64 (Public Hearings); and hearings before the City Council require public noticing, in compliance with the requirements of Chapter 21.64 (Public Hearings), and a recommendation by the Planning Commission. Consequently, the minimum, reasonable time frames to complete review of an application is thirty (30) days for decisions by the Community Development Director, forty-five (45) days for decisions by the Planning Commission, and sixty (60) days for decisions by the City Council. 13. An Initial Study and a Negative Declaration have been prepared for this project concluding that there are no significant impacts associated with this project, pursuant to the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed text and diagram amendments are consistent with the intent and purposes of the Zoning Ordinance, which is to implement the policies of the Campbell General Plan by classifying and regulating the uses of land and structures within the City to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the City. 2. The Zoning Code Update - Phase II will result in a Zoning Code which is more internally consistent. 3. The proposed amendments are consistent with the City of Campbell General Plan. 4. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 5. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project as currently presented will have a significant adverse impact on the environment. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: The following provisions of the Campbell Municipal Code are hereby amended as follows: A. Section 21.08.030 is hereby amended to read as set forth in Exhibit A; B. Section 21.08.040 is hereby amended to read as set forth in Exhibit A; City Council Ordinance Adopting the Zoning Code Update - Phase II Page 4 C. Section 21.08.050 is hereby amended to read as set forth in Exhibit A; D. Section 21.08.060 is hereby amended to read as set forth in Exhibit A; E. Section 21.08.070 is hereby amended to read as set forth in Exhibit A; F. Section 21.12.020 is hereby amended to read as set forth in Exhibit A; G. Section 21.12.030 is hereby amended to read as set forth in Exhibit A; H. Section 21.16.070 is hereby amended to read as set forth in Exhibit A; I. Section 21.18.060 is hereby amended to read as set forth in Exhibit A; J. Section 21.18.070 is hereby amended to read as set forth in Exhibit A; K. Section 21.18.090 is hereby amended to read as set forth in Exhibit A; L. Section 21.18.120 is hereby amended to read as set forth in Exhibit A; M. Section 21.18.140 is hereby amended to read as set forth in Exhibit A; N. Chapter 21.28 is hereby amended to read as set forth in Exhibit A; O. Chapter 21.30 is hereby amended to read as set forth in Exhibit A; P. Chapter 21.32 is hereby amended to read as set forth in Exhibit A; Q. Chapter 21.34 is hereby amended to read as set forth in Exhibit A; R. Section 21.36.140 is hereby amended to read as set forth in Exhibit A; S. Section 21.36.150 is hereby amended to read as set forth in Exhibit A; T. Section 21.36.230 is hereby amended to read as set forth in Exhibit A; U. Section 21.36.240 is hereby amended to read as set forth in Exhibit A; V. Chapter 21.38 is hereby amended to read as set forth in Exhibit A; w. Chapter 21.40 is hereby amended to read as set forth in Exhibit A; X. Chapter 21.42 is hereby amended to read as set forth in Exhibit A; Y. Chapter 21.44 is hereby amended to read as set forth in Exhibit A; Z. Chapter 21.56 is hereby amended to read as set forth in Exhibit A; City Council Ordinance Adopting the Zoning Code Update - Phase II Page 5 AA. Chapter 21.58 is hereby amended to read as set forth in Exhibit A; SB. Chapter 21.62 is hereby amended to read as set forth in Exhibit A; CC. Chapter 21.70 is hereby amended to read as set forth in Exhibit A; and DO. Chapter 21.72 is hereby added to read as set forth in Exhibit A. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 1st call vote: day of August I 2006, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Kennedy, Hernandez, Burr, Furtado, Watson COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMSERS: None APPROVED: Q ------ ~anette Watson, Mayor Development Feature R-l 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 10ft. 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 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. Maximum Lot Coverage 40% Main Structure Maximum Height 35 ft.l2 Y2 stories TABLE 2-3 GENERAL DEVELOPMENT STANDARDS - R-l ZONING DISTRICT TABLE 2-3 GENERAL DEVELOPMENT STANDARDS - R-l ZONING DISTRICT Development Feature R-l Distance Between Non-Accessory The distance equal to building wall height of the taller of the Structures on the Same Lot two structures. Accessory Structures Fences, Walls, Lattice and Screens Motor Vehicle Parking See Section 21.36.020 (Accessory Structures) See Section 21.18.060 (Fences, Walls, Lattice and Screens) See Chapter 21.28 (Parking and Loading) 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 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 Open Space Required for Two may be occupied by facilities such as a swimming pool, Family Dwelling Units 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 10ft. 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.l2 12 stories Distance Between Non-Accessory The distance equal to building wall height of the taller of the two Structures on the Same Lot 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) TABLE 2-4 GENERAL DEVELOPMENT STANDARDS - R-D ZONING DISTRICT Development Feature R-M 6,000 square feet for a single-family dwelling. 7,000 square feet for a two-family dwelling. Minimum Parcel Size 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 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. Open Space Required for Multiple- When serving multiple-family dwelling units, a recreation area may be provided for each dwelling unit, or all the required space Family Dwelling Units 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 lOft. Setbacks Required Front 20 ft. Side (each) A minimum of five feet or one-half the height ofthe 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 Y2 stories Distance Between Non-Accessory The distance equal to building wall height of the taller of the two Structures on the Same Lot structures. TABLE 2-5 GENERAL DEVELOPMENT STANDARDS - R-M ZONING DISTRICT TABLE 2-5 GENERAL DEVELOPMENT STANDARDS - R-M ZONING DISTRICT Development Feature R-M :. ... 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) TABLE 2-6 GENERAL DEVELOPMENT STANDARDS - R-2 ZONING DISTRICT Development Feature R-2 6,000 square feet for a single-family dwelling. 7,000 square feet for a two-family dwelling. Minimum Parcel Size 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.ll5 ft. for flag lots Maximum Allowable Density 14 to 20 d.u./gross acre Open Space Required for Multiple- An area of not less than 300 square feet for each dwelling unit for Family Dwelling Units 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 10ft. 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 35 ft./2 ~ stories Distance Between Non-Accessory The distance equal to building wall height of the taller of the two Structures on the Same Lot structures. Development Feature R-2 i\ccessory Structures See Section 21.36.020 (i\ccessory 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) TABLE 2-6 GENERAL DEVELOPMENT STANDARDS - R-2 ZONING DISTRICT TABLE 2-7 GENERAL DEVELOPMENT STANDARDS - R-3 ZONING DISTRICT Development Feature R-3 6,000 square feet for a single-family dwelling. 7,000 square feet for a two-family dwelling. Minimum Parcel Size 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 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 Open Space Required for Multiple- may be provided for each dwelling unit, or all the required space Family Dwelling Units 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 lOft. Setbacks Required Front 20 ft. Side (each) A minimum of five feet or one-half the height ofthe 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 Distance Between Non-Accessory The distance equal to building wall height of the taller of the two Structures on the Same Lot structures. TABLE 2-7 GENERAL DEVELOPMENT STANDARDS - R-3 ZONING DISTRICT Development Feature R-3 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 Vehic1e Parking See Chapter 21.28 (Parking and Loading) I 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 paragraph E, below, 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. 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, Subsection 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 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 500 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 500 square feet of open space/recreation area, at least 300 square feet shall be provided for common use of each dwelling unit, 50 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. 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 qutlining 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(Approval Criteria). Development plans shall be approved either through an Administrative Planned Development Permit, in compliance with Subsection G.1 (Administrative Planned Development Permit required), or by City Council resolution or ordinance, in compliance with Subsection G.9 (Action by the City Council). 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 establishment 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. 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. G. Permit required. Unless otherwise specified in this Chapter, 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. 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 fac;ade improvements to commercial and industrial buildings. In the case of an addition, the addition shall be less than 10 percent of the existing gross floor area or 5,000 square feet, whichever is less. . An Administrative Planned Development Permit shall be processed through the administrative decision process as prescribed in Chapter 21.72 (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). 2. Planned Development Permit required. A Planned Development Permit reviewed by the Planning Commission and approved by the City Councilshall 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 ifthe 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; 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 of fences, 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 ground cover 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; and 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. 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 ofthe City as a whole. 7. 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 Perinit in compliance with Subparagraph G.l, above) and shall make reports and recommendations on each application to the Planning Commission. 8. 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 Subparagraph G.6 (Approval criteria) have been satisfied (with regard to the elements identified in Subparagraph G.5 (Consideration in review of applications), above. 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. 9. 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 Subparagraph c., immediately below, 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 20,000 square feet of gross floor area; or 3. The project involves the construction of more than 20 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 Subparagraph G.6 (Approval criteria) have been satisfied with regard to the elements identified in Subparagraph G.5 (Consideration in review of applications). . 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. 10. 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. 11. Right of appeal. Any person aggrieved by the decision of the Community Development Director and/or Planning Commission may appeal within 10 days of the date of decision in compliance with Chapter 21.62 (Appeals). 12. Expiration, extension, and reinstatement. a. Unless otherwise approved, within 24-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 21.56 (Permit Implementation, Time Limits, and Extensions). LIST OF REVISED ILLUSTRATIONS IN ARCTICLE 3 1. New Figure 3-1 2. Figure 3-1 to Figure 3-2 3. Figure 3-2 to Figure 3-3 4. Figure 3-3 to Figure 3-4 5. Figure 3-4 to Figure 3-5 6. Figure 3-5 to Figure 3-6 7. Figure 3-6 to Figure 3-7 8. Figure 3-7 to Figure 3-8 9. Figure 3-8 to Figure 3-9 10. Figure 3-9 to Figure 3-10 11. Figure 3-10 to Figure 3-11 12. Figure 3-11 to Figure 3-12 13. Figure 3-12 to Figure 3-13 14. Figure 3-13 to Figure 3-14 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. A filter network designed to transform a frequency spectrum to that which is heard by the human ear. Decibel (dB). A unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure of zero decibels, which is 20 micropascals. Impulsive sound. 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. 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 Sl.l, Acoustic Terminology, Paragraph 2.9, or successor references. Noise level measurement. 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 3-1/2 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. Precision sound level meter. A sound pressure level measuring instrument that conforms to the American National Standards Institute (ANSI) specification S 1.4 for Type 1 or Type 2 measuring instruments. Powered equipment. 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. Sensitive receptor. 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 shall be 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 paragraph E, (Residential Interior Noise Standards), below, or paragraph G, (Exemptions), below, 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 ofthe sound measurements shall be at the discretion ofthe enforcement officer. E. Residential noise standards. 1. Noise from stationary sources: New residential development shall conform to a stationary source noise exposure standard of 65 dBA for exterior noise levels and 45 dBA for interior noise levels. 2. Traffic-related noise: New residential development shall conform to a traffic-related noise exposure standard of 60 dBA CNEL for outdoor noise in noise-sensitive outdoor activity areas and 45 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 non-sensitive 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 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 8:00 a.m. and 5:00 p.m. Monday through Friday, and between the hours of 9:00 a.m. and 4:00 p.m. Saturdays, in compliance with Section 18.04.052 ofthe 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 8:00 a.m. and 7:00 p.m. Monday through Friday, and between the hours of9:00 a.m. and 6:00 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 said 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). 21.18.060 - Fences, Walls, Lattice, and Screens 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 15 feet from the front property line. b. Side yards: Allowed up to and along the property line, except for the required 15-foot front yard setback. c. Rear yard: Allowed up to and along the property line. 2. Corner lot: a. Front yard: No closer than 15 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 15-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 30 feet along the front and street side property lines along the right-of-way from their "extended" intersection and connecting these two points. 30' . ,I I Street Side Yard ~ Figure 3-1 30' - CD CD .... en CD "0 en d. Driveways. No fence wall, lattice or screen over three and a half feet shall be allowed within the triangular area formed by measuring 10 feet along the street property line and 10 feet along the driveway from their "extended" intersection and connecting these two points. 10' 10' Street Street Fence not allowed in this area. ~ ~ <I) ;> 'C Q Front yard 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 comer properties, as specified in Subsection A (2) (c) and (d) above. D. Prohibited materials: 1. Chain link fences are prohibited in any required front yard or street side yard areas for residential 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 21.72 (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 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 50% open to the passage of light and air, as determined by the Community Development Director. ....."-'-"'''''_uf Front Yard Fence Rear Yard Fence 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, 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. 21.18.070 - Front Yard Paving Paving shall not amount to more than 50 percent of the required front yard setback area. 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. 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. }>ermanently 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 requirement~. 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 modem 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 20 feet. 2. Color-corrected lamps of appropriate intensity should be used m 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. 21.18.140 - Undergrounding of Utilities Proposed development and substantial remodels, including residential subdivisions, shall provide for the undergrounding of existing and proposed utility facilities in compliance with this section. A. Undergrounding of utilities required. All electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development, or any modification to existing utility facilities that directly serve the site, shall be installed underground at the time of development except for equipment appurtenant to underground facilities, including surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. All utilities shall be taken from the nearest aboveground utility service and no new poles or overhead lines shall be allowed. All new commercial developments, industrial developments, and residential developments with more than five units shall be required to underground all overhead utility lines along the project's public street frontages, unless otherwise approved by the decision making body. B. Coutrol boxes and cabinets. 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. C. Exemptions. The requirements of this Section do not apply to: 1. Existing or proposed major electrical transmission lines; and 2. Service upgrades to an existing electrical panel. D. Underground Utility Waiver. The Community Development Director, upon recommendation from the City Engineer, may approve an Underground Utility Waiver to allow the installation of overhead facilities in lieu of underground facilities when topographical, soil, or other conditions make underground installation unreasonable or impractical. Pursuant to Chapter 21.62 (Appeals) Underground Utility Waivers are ministerial and are not appealable. E. Application for an Underground Utility Waiver. An application for an Underground Utility Waiver shall be made on a form supplied by and filed with the Community Development Department and shall be accompanied by the following: 1. A written explanation of why a waiver should be granted; 2. Photographs of the subject site; 3. Scaled site plan, including the location of the utility panel and connection to PG&E facility or other utility; and 4. Application fee. F. Factors for a decision. The Community Development Director shall use the following factors in making a decision on an Underground Utility Waiver: 1. The estimated cost of underground utilities as compared to overhead installation; 2. The location of the nearest above ground utility service; and 3. Other pertinent environmental features. 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 non-residential 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. 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 ouUnto 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 25 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. Car pool and bicycle spaces. Car pool and bicycle spaces shall be located as close as is practical to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks. 7. Guest parking spaces. Guest parking spaces shall be clearly marked for guest parking only and shall be dispersed throughout the development site. 8. 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 20 feet. 2. Nonresidential uses. Minimum parking dimensions shall be as follows: a. Standard parking space dimensions shall be nine feet by 20 feet. b. Compact parking space dimensions shall be eight feet by 16 feet. The total number of compact parking spaces on any site shall not exceed 25 percent of the total required parking. c. Un i-stall parking space dimensions shall be eight and a half feet by 18 feet. Developments shall not use uni-stalls in conjunction with standard or compact parking spaces. d. Parallel parking space dimensions shall be nine feet by 22 feet. 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. 300 Parking Spaces F E 1-0 ~ 600 Parking Spaces D-I 450 Parking Spaces · F O-f E t-O ~A tB 900 Parking Spaces 1 -----ro-I A [ILl 1_ ~. F E ! ..L I. I I I 00 Parking (Parallel) Figure 3-7 Illustration of Parking Dimensions Angle Stall Width Stall Length Stall Depth Aisle Width Total Module Width (A) (B) (C) (D) (One Way Aisle) (F) E 00 9' 22' 9' 12' 30' 300 9' 20' 17'-9" 15' 50' -6" 450 9' 20' 20' -6" 15' 56' 600 9' 20' 21 '-9" 16' 59'-6" 900 9' 20' 20' 25' * 65' 300 450 600 900 8' 8' 16' 15' 15' 16' -9" 15' 1 7' -9" 16' 16' 25' * 45' 16' 48' -6" 8' 16' 51 ' -6" 8' 16' 57' 00 8' -6" 22' 8' -6'" 12' 29' 300 8' -6" 18' 16' -6" 15' 48' 450 8' -6" 18' 18-9" . 15' 52'-6" 600 8' -6" 18' 19' -9" 16' 55'-6" 900 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 150 feet in length and 12 feet in width. The queuing lane shall not block any parking space of any portion of a traffic lane. 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). G. Landscaping. Parking lot landscaping shall be provided in compliance with Chapter 21.26 (Landscaping Requirements) 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). 2. Interior parking lot landscaping. Where 25 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 20 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 25 or more parking spaces are provided, a minimum of one tree per 8 parking spaces, or any fraction thereof, shall be required. Tree spacing shall be provided at aminimum to provide a tree canopy over the parking lot. 5. Screening. A combination of landscaping and decorative walls, in compliance with Section 21.18.060 (Fence, Walls, Lattice and Screens) 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 6-inches high and 6-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 4-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. Compact and carpool spaces shall be clearly identified for compact vehicle and carpool usage. 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. 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: 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. '.'. :..' . " , , 'S' I S' '. ~~'. , 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 50 feet. Exceptions to this standard shall be subject to the approval of the City Engineer. B. Driveway width and length. 1. Single-family and two-family uses. a. Each single-family dwelling shall provide a mlDlmum eight-foot wide paved driveway 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 25 feet. 2. Multi-family, townhome, condominium, and nonresidential uses. Driveways 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 be less than 10 feet in width and a two way driveway be less than 20 feet in width. CHAPTER 21.30 - SIGNS Sections: 21.30.010 - Purpose 21.30.020 - Definitions 21.30.030 - Administrative Procedures 21.30.040 - Exemptions 21.30.050 - Prohibited Signs 21.30.060 - Number and Surface Area 21.30.070 - Temporary Signs 21.30.080 - Permanent Signs 21.30.090 - Substitution of Non-Commercial Message 21.30.100 - Nonconforming Signs 21.30.110 - Maintenance and Repair 21.30.120 - Abatement of Temporary Signs 21.30.130 - Preemeption 21.30.140 - Judicial Review 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 non-commercial nature. This Chapter is intended to allow a reasonable amount of signing for business, product, building identification, and non-commercial 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. 21.30.020 - Definitions Animated. 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. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Business. 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. 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. 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. A nonprofit organization whose activities benefit the community (e.g., chamber of commerce, fire fighters association, boy scouts, girl scouts, churches, and school districts). Commercial center. 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. 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. Any sign that directly or indirectly names, advertises or calls attention to a business, product, accommodation, service or other commercial activity. Flag. 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. A sign substantially or completely detached from a building and not projecting through the roof or eaves of a building. 'ISIGN [, "->~:_-;;;~>;*'Y~':':;~..,;;>:":,"'''' ';''; <"-; Figure 3-9 Freestanding sign Freeway-oriented signs. Signs which are proposed to be oriented to or which are intended to be viewed primarily from freeways, expressways, or public facilities. Height. 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. Non-Commercial message. Any message that is not a commercial message as defined in this Chapter. Non-Commercial sign. Any sign that is not a commercial sign as defined in this Chapter. Off-site sign. 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. A sign advertising or identifying property, products, accommodations, services, or activities provided on the site on which the sign is located. Permanent sign. Every sign except "Temporary Sign" as defined in this section. Political sign. 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. Signs that are not permanently attached to the ground or a permanent structure (e.g. A-frame signs and sandwich-board signs). Promotional devices. Temporary items other than signs used to attract attention toward a business (e.g., streamers, flags, searchlights, balloons, etc.). Readerboard sign, electronic. 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. A sign intended for a periodically changing advertising message whereby the individual letters or words are manually changed from the exterior ofthe sign. Real estate sign. 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). Roof sign. 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. Figure 3-10 Roof sign Running neon. 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. 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. Except as otherwise provided in this Chapter, 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. Temporary sign. Any sign displayed for infrequent and/or limited time periods. Wall sign. A sign that is painted on, attached to, or erected against a wall of a building or structure. SIGN Figure 3-11 Wall sign Window sign. 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. .,"- '"i',. :';'"__' ',,':' ::.~ .'. "\',;'. ,.~ '. ~..-"....: ';.~. ....-....~..',.~. " '0 1, ISIGNI ISIGNI :. " ::.::,:..._:.~::-:: Figure 3-12 Window sign 21.30.030 - Administrative Procedures A. Sign Permit required. Signs, including temporary and permanent signs (except those exempt from these regulations as provided in Section21.30.040) shall not be erected, created, altered, or allowed to be located (regardless of whether or not it is initially erected, or painted by the property owner or lessee) unless: 1. A Sign Permit has been issued by the Community Development Director in compliance with the regulations of this Chapter. 2. A Building Permit has been issued by the Building Official, as required by the codes and ordinances of the City. 3. Any illegal or nonconforming signs associated with the business are made to comply with the provisions of this Chapter. 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): 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. 2. Off-site signs. Off-site signs shall require approval by the Planning Commission pursuant to the provisions of Section 2IJO.080.F. 3. Readerboard signs. Readerboard signs shall require approval by the Planning Commission pursuant to the provisions of Section 21.30.080.0. 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 45 feet in height or 350 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 CA. (Increased sign area or increased sign height), above; 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 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; and 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), in accordance with the criteria set forth in this Chapter. The failure of an applicant to exercise the applicant's right tq 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 10 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 the Chapter, major rehabilitation means adding more than 50 percent to the total square footage of the buildinglbuildings, or exterior redesign of more than 50 percent of the length of the building's fayade within the development; or c. A sign application for a non-residential project with four or more tenants, which seeks approval of two or more signs. 2. 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; c. Uniform sign type (e.g., channel letters or cabinet sign); and d. Uniform location with building's design. 3. 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.2 (Design elements); 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. 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 32 square feet in area for each display surface for any multifamily 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. 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 50 percent of the sign; 2. The maintenance is other than facial copy replacement; and 3. The sign is repaired within 30 days of the date of its damage. H. Real estate signs in residential zoning districts. Temporary on-site signs not exceeding 12 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 12 square feet in total sign area, and are removed at the end of each day of the open house event. I. Repainting or re-facing. Repainting or re-facing 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 non-commercial signs. Non-commercial signs, including but not limited to political signs, posted for no more than 75 days, subject to the following conditions: 1. Signs shall be removed within 15 days after any event to which it relates, such as an election; 2. Signs shall be a maximum of 12 square feet and no more than 8 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 25 percent of the window area per fas:ade. 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: 1. Signs as necessary to convey transit information to transit users; 2. Other signage of up to 50 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. 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: A. Abandoned signs. Signs located on property that became vacant and unoccupied for a period of 90 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. 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 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. 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. Ilr2) 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.CA. See Figure 3- 14 (Sign Area). 2. Running neon shall be counted in the computation of sign area. lC!Ctl!ri"lwlth Slpt '-d I- I r.-----....,.- I Joe's IL t-_J. L -'1 l~/eaner~ I I LeCteri"l WIth No Sip ltoatd ;Jj I I I I 1-., r.l L-__lt 2 3. t 4 x ..dilll I" oJ Sign Area Figure 3-14 Sign Area 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. 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 30 days within any 180- 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 40 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 III compliance with the following standards: a. The site is vacant; the buildings on the site are undergoing or have recently been remodeled or newly constructed in excess of 25 percent of the building area; or the applicant can reasonably demonstrate the building on a single building site or the commercial center is currently, or will be at least 25 percent un-leased at the time the sign is to be erected. b. One real estate sign shall be allowed per street frontage. c. The sign shall be a maximum of 8 feet in height. d. The sign shall be a maximum of 32 square feet per sign face, with a maximum of two faces per sign. e. 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 25 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. a. Building-mounted real estate signs may be used in-lieu of a freestanding SIgn described in Subsection C.1, above. b. One building-mounted real estate sign shall be allowed per street frontage. c. Signs shall be a maximum of 12 square feet in area. d. Signs may be displayed until the property, building, or space is sold, rented, or leased. 21.30.080 - Permanent Signs A. Commercial and/or industrial development. On-site signs for commercial (except the C-3 District) and industrial uses shall comply with the following standards. Standards for the C-3 zoning district are provided in Section 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 50 square feet. Each sign shall be allowed a minimum of 20 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 50 square feet. Each sign shall be allowed a minimum of 20 square feet; c. The maximum height of a freestanding sign shall be 14 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 10 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 16 square feet each. The sign(s) shall be attached to an approved freestanding sign, building, canopy, or secured to the property. B. Office development. On-site signs for office buildings shall comply with the following standards: 1. The total display area for all signs for anyone parcel or commercial center, whichever is less, shall be no greater than 80 square feet and no single sign shall have a display surface greater than 40 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 14 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 10 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 2I.30.030.H. (Master Sign Plan required) 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 40 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 anyone complex shall not be greater than 80 square feet and no single sign shall have a display surface greater than 40 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 oriented to freeways or expressways shall comply with the following standards: 1. Permanent signs oriented to freeways or expressways shall be limited to one on-site sign for each parcel or commercial center, whichever is less, that adjoins an expressway or freeway. Notwithstanding the definition of "site" contained in section 21.30.020, as applied to freeway-oriented signs, 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; 2. The signs shall be limited to parcels that have the following businesses that traditionally draw a significant number of patrons from persons using regional expressways and freeways: a. Gasoline stations; b. Hotels and motels; c. Commercial schools occupying at least 15,000 square feet of building space; d. Retail stores that occupy at least 50,000 square feet of building space. 3. The business itself is not directly identifiable from the freeway or expressway; 4. The sign shall be the minimum height and size necessary to achieve visibility from the freeway or expressway, and shall not exceed 45 feet in height and 350 square feet in area. F. Off-site signs. Off-site signs shall comply with the following standards: 1. The sign shall be a non-commercial sign; 2. The total display area of an off-site sign shall not exceed 40 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. Readerboard signs. Readerboard signs shall comply with the following standards: 1. An electronic readerboard sign or manual readerboard sign shall be allowed for ''theaters, movie or performing arts and concert halls" uses with 200 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, as applied to electronic readerboard 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 readerboard 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 readerboard sign shall be allowed for "public assembly uses" with 50 or more fixed seats; 3. A readerboard sign, either electronic or manual, shall not change the message that is displayed on the sign more frequently than once every five minutes; 4. A readerboard sign, either electronic or manual, which is located inside a building within five feet of an exterior window shall be subject to the readerboard sign regulations pursuant to this Chapter and shall not be exempt under Section 21.30.040.L (Window signs ); 5. A readerboard sign, either electronic or manual, shall also comply with the standards contained in Section 21.30.080.A. (Commercial and/or industrial development), Section 21.30.080.B. (Office development), or Section 21.30.080.C. (Public/semi':'public and institutional development), depending on the type of development the readerboard sign is intended for. 21.30.090 - Substitution of Non-Commercial Message In each instance and under the same conditions to which this Chapter permits any sign, a sign containing an ideological, political or other non-commercial message shall be permitted where ever commercial signage is permitted. 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 to 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 free-standing 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. 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. 21.30.120 - Abatement of Temporary Signs Temporary signs posted or maintained in violation of this Chapter are hereby 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 (30) 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 10 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 10 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 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 10 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 10 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 10 days prior to the time for hearing objections, in the same manner as notice was sent pursuant to subsection B.2 above; 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 10 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. 21.30.130 - Preemeption 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. 21.30.140 -Judicial Review Judicial actions brought challenging any decision made pursuant to this Chapter are subject to the provisions of Cali fomi a Code of Civil Procedure Section 1094.8.