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CC Ordinance 2101 ORDINANCE NO. 2101 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2008- 22) TO AMEND THE CAMPBELL ZONING ORDINANCE PERTAINING TO PUBLIC ASSEMBLY AND HEALTH AND FITNESS CENTER USES IN THE M-1-S (LIGHT INDUSTRIAL) AND C-M (CONTROLLED MANUFACTURING) ZONING DISTRICTS. City Council of the City of Campbell does ordain as follows: SECTION ONE: That Title 21 Zoning Code of the City of Campbell Municipal Code is hereby changed and amended to read as set forth in Exhibit A attached hereto. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California PASSED AND ADOPTED this 15th following roll call vote: day of April , 2008, by the AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Furtado, Kennedy, Low, Hernandez, Burr None None None APPROVEC' ~ ~~ Donald R. Burr, Mayor ATTEST: ~ Anne Bybee, City Clerk Exhibit A Page 1 of 3 Chapter 21.36 PROVISIONS APPLYING TO SPECIAL USES 21.36.010 Purpose. 21.36.020 Accessory structures. 21.36.030 Beer and wine festivals. 21.36.040 Caretaker or emplovee housinq. 21.36.050 Carqo storaqe containers. 21.36.060 Child care facilities. 21.36.070 Larqe familv child care homes. 21.36.080 Commercial child care centers. 21.36.090 Garaqe and private yard sales. 21.36.095 Health and fitness center uses. 21.36.100 Hobbv car restoration. 21.36.110 Liquor stores. 21.36.120 Live/Work units. 21.36.130 Mixed-use development. 21.36.140 Motor vehicle repair facilities. 21.36.150 Outdoor seatinq. 21.36.160 Outdoor storaqe. 21.36.170 Public assemblv uses. 21.36.180 Residential care facilities. 21.36.190 Satellite dish antennas. 21.36.200 Secondary dwellinq units. 21.36.210 Skateboard ramps. 21.36.220 Solar enerqy systems. 21.36.230 Transitional housinq. 21.36.240 Towinq service and vehicle dismantlinq. 21.36.250 Veterinary clinics and animal hospitals. Exhibit A Page 2 of 3 CMC 21.36.095 Health and Fitness Centers. A. Purpose. This section is designed to provide for and to regulate the establishment of health and fitness center uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for health and fitness uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional Use Permits shall expire no later than 5 years from the date of approval for health and fitness center uses in the M-1 (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts. Not withstanding the time limitations for the Conditional Use Permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. D. Development standards. Except as specifically allowed in this section, the premises on which a health and fitness center use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the health and fitness center use shall be provided. 2. Circulation. The location of the health and fitness center use and the on-site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 3. Hours of operation. The decision making body through the discretionary review process shall determine the allowable hours of operation of a health and fitness center use. 4. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by health and fitness center uses, noise generated from a health and fitness center uses shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 5. Overconcentration. A health and fitness center use within the M-1-S (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts shall not be located within 300 feet of another existing public assembly, or health and fitness use unless the decision making body grants an exception. The decision making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 6. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs). Exhibit A Page 3 of 3 CMC 21.36.170 Public Assembly Uses. A. Purpose. This section is designed to provide for and to regulate the establishment of public assembly uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for public assembly uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional Use Permits shall expire no later than 5 years from the date of approval for Public Assembly Uses in the M-1 (Light Industrial) Zoning District. Not withstanding the time limitations for the Conditional Use Permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. D. Development standards. Except as specifically allowed in this section, the premises on which a public assembly use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Location. A public assembly use shall be located on a collector street or arterial street as designated in the city's General Plan. 2. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the public assembly facility shall be provided. 3. Circulation. The location of the public assembly use and the on-site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 4. Hours of operation. The decision making body through the discretionary review process shall determine the allowable hours of operation of a public assembly use. 5. Noise. Regardless of decibel level and taking into consideration the noise levels generated by public assembly uses, noise generated from a public assembly use shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 6. Overconcentration. A public assembly use shall not be located within 300 feet of another existing public assembly use or health and fitness center use unless the decision making body grants an exception. The decision making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 7. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs).