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CC Ordinance 2135ORDINANCE NO. 2135 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2010-159) TO AMEND CAMPBELL ZONING CODE SECTIONS 21.10.040 (C- 1/NEIGHBORHOOD COMMERCIAL); 21.10.050 (C-2/GENERAL COMMERCIAL); AND 21.10.060 (C-3/CENTRAL BUSINESS DISTRICT), TO REINTRODUCE TEXT INADVERTENTLY DELETED BY A PREVIOUS TEXT AMENDMENT (PLN2009-106). FILE NO: PLN2010-159 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: Sections 21.10.040, 21.10.050 and 21.10.060 of the Campbell Municipal Code are hereby amended to read as set forth in Exhibit A. SECTION TWO: This ordinance is intended as a clarification of the City Council's intent in enacting Ordinance Number 2126, and not as a statement of new law. It is the City Council's intent that the provisions of Ordinance Number 2126 shall be interpreted to be the same as set forth in this Ordinance. SECTION THREE: 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 nth day of September , 2010, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Kennedy, Furtado, Baker, Low NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Evan D. Low, Mayor ATTEST: ~ C..~,,c- Anne bee, City Clerk Exhibit A Page 1 of 28 21.10.040 C-1 (Neighborhood Commercial) zoning district. A. Purpose of C-1 (Neighborhood Commercial) zoning district. The C-1 zoning district is intended to provide for retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable and attractive commercial development which will be compatible with neighboring residential uses. This zoning district is designed to encourage the location of commercial uses at major intersections within residential areas. These areas should be designed to accommodate the auto in a manner that is also friendly to and harmonious with pedestrian and bicycle traffic. The architecture of the structures should be compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies, and restaurants are prime examples of neighborhood commercial uses. The C-1 zoning district is consistent with the neighborhood commercial land use designation of the General Plan. B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; 3. Catering business, only when ancillary to a restaurant; 4. Dry cleaning; 5. Grocery stores (under ten thousand square feet); 6. Hardware stores (under ten thousand square feet); 7. Laundromats, self-service; 8. Libraries, public; 9. Light rail passenger terminals; 10. Massage establishments; 11. Meat markets; 12. Offices, professional; 13. Outdoor seating, when twelve total seats or less; 14. Parking lots/structures, public; 15. Personal services, general; Exhibit A Page 2 of 28 16. Pharmacies/drug stores; 17. Photocopying; 18. Photography studio/supply shop; 19. Repair and maintenance, consumer products; 20. Restaurants or cafes (excluding fast food or drive-ins); 21. Retail stores, general merchandise; 22. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 23. Schools K-12, public; 24. Shopping centers (under ten thousand square feet); 25. Travel agencies; 26. Universities/colleges, public; 27. Vending machines; 28. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities; 2. Arcades; 3. Broadcast and recording studios; 4. Commercial day care centers; 5. Commercial schools; 6. Community/cultural/recreational centers; 7. Convalescent/rest homes; Exhibit A Page 3 of 28 8. Convenience markets/stores; 9. Conversion, commercial converted from residence; 10. Dancing and live entertainment; 11. Emergency shelters; 12. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 13. Furniture, furnishings, and equipment stores (under ten thousand square feet); 14. Garden centers/plant nurseries; 15. Gasoline stations; 16. Government offices and facilities (local, state or federal); 17. Grocery stores (greater than ten thousand square feet); 18. Hardware stores (greater than ten thousand square feet); 19. Health/fitness centers; 20. Hotel; 21. Late night activities; 22. Liquor establishments; 23. Liquor stores; 24. Medical services, clinics; 25. Medical services, extended care; 26. Motel; 27. Museums, public; 28. Music (recordings) stores; 29. Outdoor seating, when more than twelve total seats; 30. Pet stores; Exhibit A Page 4 of 28 31. Philanthropic collection trailers; 32. Public assembly uses; 33. Public utility structures and service facilities; 34. Radio or television transmitters; 35. Recycling facilities -reverse vending machines; 36. Recycling facilities -small collection facility; 37. Restaurants with late night activities or banquet facilities; 38. Restaurants, fast food (with or without drive-in service); 39. Schools - K-12, private; 40. Shopping centers (greater than ten thousand square feet); 41. Spa services; 42. Studios -art, dance, music, photography, etc.; 43. Tanning studios; 44. The use of any building that was constructed as a residential structure for a commercial or office use; 45. Transitional housing; 46. Universities/colleges, private; 47. Veterinarian clinics and animal hospitals; 48. Video rental stores; 49. Warehouse retail stores; 50. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The following uses are prohibited: 1. Storage of industrial vehicles, except for the purpose of loading and unloading. Exhibit A Page 5 of 28 2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises. 3. The outdoor storage of merchandise or products, unless otherwise approved. 4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses. 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances. 6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 7. Any use inconsistent with state or federal law. E General development standards for uses in C-1 (Nei>;hborhood Commercial) zoning_district New land uses and structures and alterations to existing uses or structures shall be designed constructed and/or established in compliance with the requirements in Table 2-9 (General Development Standards - C-1 Zoning Districts in addition to the general development standards~e ~ landscaping~parking_and loading etc.) in Article 3 (Development and Operational Standards). Table 2-9 General Development Standards - C-1 Zoning District Develo ment Feature C-1 Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a specific location when it determines that circumstances warrant an ad' ustment. Setbacks re uired Front 15 ft. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side propert~ne whichever is reater . Street side l5 ft. Rear 10 ft. Exhibit A Page 6 of 28 The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the arcel. Maximum hei ht limit 35 ft. Accessory structures See Section 21.36.020 {Accessory Structures Fences, walls, lattice and See Section 21.18.060 screens (Fences. Walls, Lattice and Screens Landscaping See Section 21.26.020 Landscaping Requirements for Individual Zonine Districts Motor vehicle parking See Chapter 21.28 (Parking and Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21.10.050 C-2 (General Commercial) zoning district. A. Purpose of C-2 (General Commercial) zoning district. The C-2 zoning district is intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city, and to promote a stable and attractive commercial development which will afford a pleasant shopping environment. The building forms should typically frame the street, with parking lots located either behind or under the structures they are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this zoning district. The C-2 zoning district is consistent with the general commercial land use designation of the General Plan. B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); 4. Banks and financial services; Exhibit A Page 7 of 28 5. Blueprinting shops; 6. Catering business, only when ancillary to a restaurant; 7. Dry cleaning; 8. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 9. Furniture, furnishings, and equipment stores (under ten thousand square feet); 10. Garden centers/plant nurseries; 11. Grocery stores (under ten thousand square feet); 12. Handicraft industries, small scale assembly; 13. Hardware stores (under ten thousand square feet); 14. Hotels; 15. Laundromats, self-service; 16. Libraries, public; 17. Light rail passenger terminals; 18. Massage establishments; 19. Medical services, laboratories; 20. Motels; 21. Offices, professional; 22. Outdoor seating, when twelve total seats or less; 23. Parking lots/structures, public; 24. Personal services, general; 25. Pharmacies/drug stores; 26. Photocopying; 27. Photography studio/supply shop; Exhibit A Page 8 of 28 28. Repair and maintenance, consumer products; 29. Restaurants or cafes (excluding fast food or drive-ins); 30. Retail stores, general merchandise; 31. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 32. Schools K-12, public; 33. Shopping centers (under ten thousand square feet); 34. Travel agencies; 35. Universities/colleges, public; 36. Vending machines; 37. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in C-2 (General Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities; 2. Alternative fuels and recharging facilities; 3. Arcades; 4. Banquet facilities; 5. Bed and breakfast inns (only in historic structures); 6. Broadcast and recording studios; 7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom); 8. Cat and dog day care facilities; 9. Cat and dog grooming facilities; Exhibit A Page 9 of 28 10. Cat Boarding facilities; 11. Check cashing; 12. Commercial day care centers; 13. Commercial schools; 14. Community/cultural/recreational centers; 15. Convalescent/rest homes; 16. Convenience markets/stores; 17. Conversion, commercial converted from residence; 18. Dancing and live entertainment; 19. Department stores; 20. Drive-in theaters; 21. Emergency shelters; 22. Equipment rental establishments; 23. Gasoline stations; 24. Golf courses and golf driving ranges; 25. Government offices and facilities (local, state or federal); 26. Grocery stores (greater than ten thousand square feet); 27. Hardware stores (greater than ten thousand square feet); 28. Health/fitness centers; 29. Hospitals; 30. Indoor amusement/entertainment/recreation centers; 31. Late night activities; 32. Liquor establishments (on-site consumption only); Exhibit A Page 10 of 28 33. Liquor stores (off-site consumption only); 34. Medical services, clinics; 35. Medical services, extended care; 36. Miniature golf courses; 37. Motor vehicle -cleaning, washing, and detailing; 38. Motor vehicle -oil change facilities; 39. Motor vehicle -parts and supplies (very limited maintenance/installation); 40. Motor vehicle -renting and leasing; 41. Motor vehicle -sales (new and/or used); 42. Museums, public; 43. Music (recordings) stores; 44. Nightclubs with or without food service; 45. Outdoor active activities (e.g., drive-up windows); 46. Outdoor amusement/entertainment/recreation centers; 47. Outdoor retail sales and activities; 48. Outdoor seating, when more than twelve total seats; 49. Personal services, limited; 50. Pet stores; 51. Pharmacies/drug stores, with drive-up service; 52. Philanthropic collection trailers; 53. Public assembly uses; 54. Public utility structures and service facilities; 55. Public works maintenance facilities and storage yards; Exhibit A Page 11 of 28 56. Radio or television transmitters; 57. Radio stations; 58. Recycling facilities -reverse vending machines; 59. Recycling facilities -small collection facility; 60. Restaurants with late night activities or banquet facilities; 61. Restaurants, fast food (with or without drive-in service); 62. Schools - K-12, private; 63. Second hand/thrift stores; 64. Shopping centers (greater than ten thousand square feet); 65. Sign shops; 66. Spa services; 67. Studios -art, dance, music, photography, etc.; 68. Tanning studios; 69. Theaters, movie or performing arts; 70. Transitional housing; 71. Universities/colleges, private; 72. Veterinary clinics and animal hospitals; 73. Video rental stores; 74. Warehouse retail stores; 75. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in C-2 (General Commercial) zoning district. The following uses are prohibited: 1. Storage of industrial vehicles, except for the purpose of loading and unloading. 2. The storage or warehousing of merchandise or products in the building or on the premises Exhibit A Page 12 of 28 for sale other than at retail on the premises. 3. The outdoor storage of merchandise or products, unless otherwise approved. 4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses. 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances. 6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 7. Any use inconsistent with state or federal law. E. General development standards for uses in C-2 (General Commercial zonin district. New land uses and structures and alterations to existing uses or structures shall be designed constructed and/or established in compliance with the requirements in Table 2-10 (General Development Standards - C-2 Zoning District), in addition to the general development standards ~e.~. landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-10 General Development Standards - C-2 Zoning District Develo ment Feature C-2 Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a specific location when it determines that circumstances warrant an ad' ustment. Setbacks re wired Front 10 ft. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line whichever is reater . Street Side 10 ft. Exhibit A Page 13 of 28 Rear 10 ft. The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the arcel. Maximum hei ht limit 75 ft. Accessory structures See Section 21.36.020 (Accessory Structures) Fences, walls, lattice and See Section 21.18.060 screens (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 Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21.10.060 C-3 (Central Business District) zoning district. A. Purpose of C-3 (Central Business District) zoning district. The C-3 zoning district is applied to the heart of the city including and surrounding parts of Campbell Avenue in downtown Campbell. The building forms in this zoning district edge the street and include retail commercial uses (e.g., entertainment, shopping, and services) on the ground floor, with either office or residential uses on the upper floors. Residential uses may be allowed where compatible with the general mix of downtown uses. The C-3 zoning district is consistent with the central commercial land use designation of the General Plan. The C-3 zoning district is specifically created to promote the following objectives in the central business area of Campbell: To retain and enhance the Downtown area as a unique and economically viable retail and business center serving local and area wide commercial needs; 2. To reinforce Campbell Avenue as apedestrian-orientated retail street; 3. To promote ground floor retail use, upper floor commercial and residential uses where appropriate and a suitable mix of uses in the Downtown area. 4. To establish development intensities consistent with the scale of the central business area and the amount of parking which can be accommodated within and adjacent to it; Exhibit A Page 14 of 28 5. To maintain the pedestrian scale, character, and diversity of a small town business district; 6. To maintain adequate parking and to encourage the joint utilization of parking; 7. To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent areas; To preserve and enhance significant historic structures within the Downtown area; and 9. To ensure that new construction in the Downtown area is of a high architectural design quality while accommodating suitable architectural diversity. B. Permitted uses in C-3 (Central Business District) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances.). Retail business, including but not limited to clothing stores, department stores, drugstores, furniture stores, toy stores, jewelry stores, shoe stores, florist shops and gift shops subject to standards for alcohol sales in compliance with paragraph (F) (Standards for alcohol sales in the C-3 zoning district), below. Does not include retail business uses specified in paragraph (C) (Uses permitted with a conditional use permit in the C-3 district). 2. Commercial schools and professional offices, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards can be met: a. The business is located in a separate tenant space that is a minimum of 50 feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. Service commercial establishments including but not limited to barber shops, beauty parlors, dry cleaning, massage services, photographic studio, shoe repair shops, and tailors, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards can be met: a. The business is located in a separate tenant space that is a minimum of 50 feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. Exhibit A Page 15 of 28 4. Outdoor seating and merchandise displays, subject to approval of an outdoor seating and merchandise display permit in compliance with paragraph (H) (Standards and permit requirements for outdoor seating and merchandise display), below. Restaurants, subject to the provisions of paragraph (F) (Standards for alcohol sales in the C-3 zoning district) and standards for live entertainment in compliance with paragraph (G) (Standards for live entertainment in the C-3 zoning district), below. 6. Wireless telecommunications facilities--stealth (requires approval of a site and architectural review permit). 7. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions). C. Uses permitted with conditional use permit in C-3 district. The following uses are permitted subject to approval of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Arcade (containing amusement devices and games). 2. Banks and financial services. 3. Fast-food restaurants. 4. Government offices and facilities. Grocery-stores and convenience markets. 6. Health spa, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street, unless the following standards can be met: a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. 7. Late night activities. 8. Liquor establishments, other than those establishments permitted to sell alcoholic beverages under subsection B of this section. 9. Liquor store. Exhibit A Page 16 of 28 10. Live entertainment (except as permitted under subsection B of this section). 11. Nightclub. 12. Public assembly uses. 13. Residential condominiums or apartments (upper floors only). 14. Parking lot or structure. 15. Secondhand/thrift store. 16. Theater. 17. Wireless telecommunications facilities -non-stealth. 18. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions). D. Prohibited uses in C-3 (Central Business District) zoning district. The following uses are prohibited in the C-3 district: 1. Storage of industrial vehicles, except for the purpose of loading and unloading; 2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises; 3. The outdoor storage of merchandise or products, unless otherwise approved, in compliance with subsection H of this section; 4. The assembly, compounding, manufacturing or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses; 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance; 6. Auto repair; 7. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.); 8. Any use inconsistent with state or federal law. Exhibit A Page 17 of 28 E. General development standards. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-11 (General Development Standards - C-3 Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-11 General Development Standards - C-3 Zoning District Develo ment Feature C-3 Maximum floor area ratio ~ to 1.25 The planning commission or City Council may approve an F.A.R. of up to 1.5 if it makes all of the followine findin s: a. The scale and intensity of the development does not create adverse traffic and parkine impacts on the Downtown. b. The balance of land uses emphasizes retail and restaurant uses consistent with the goals and objectives of the Redevelopment Agency Im lementation Plan. c. The design, scale, and context of the proiect are consistent with the Qoals and objectives established in the Downtown Develo ment Plan. d. A finding of community benefit be established stating how the development furthers the coals and obiectives of the Redevelopment Agency in the Downtown area that otherwise could not be achieved with a lesser F.A.R. Setbacks Re uired FrontNone, except as may be required by the Site and Architectural Review Permit. Side (each) Street side Rear Maximum Hei ht Limit 45 ft. Fences, Walls, Lattice and See Section 21.18.060 Screens (Fences, Walls, Lattice and Screens Exhibit A Page 18 of 28 F. Standards for alcohol sales in the C-3 Zoning District. 1. Alcohol sales by retail businesses. a. Gift shops and florists may include products containing alcohol in gift baskets, flower arrangements or other similar uses as approved b} the community development director upon finding that the sale of alcohol would be incidental to the primary activity on the site; b. Retail businesses permitted to sell alcohol in compliance with this paragraph shall obtain the required licenses or permits from the State Alcoholic Beverage Control Department. Uses meeting the definition of liquor store as defined by Section 21.72.020 ("Liquor Stores") shall not be considered as a florist or ig_ft shop; 2. Alcohol sales by restaurants. a. Beer and wine sales for on-site consumption only are permitted in restaurants without a separate bar area. b. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages. c. Restaurants that serve alcohol ma b~quired to establish a desi ng ated driver pro rg am. d. Restaurants shall obtain the required licenses or permits from the State Alcoholic Beverage Control Department. 3. Beer and wine festivals. See also Section 21.36.030 (Beer and Wine festivals). G. Standards for live entertainment in the.C-3 zoning district. Live entertainment, when clearly ancillary to the restaurant function, is permitted in restaurants subject to the following restrictions: 1. Permitted only in standard restaurants without a separate bar area. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages; 2. Maximum of four performers; 3. Hours of nine a.m. to eleven p.m.; 4. Alcoholic beverage service shall be restricted to Type 41 or 471icenses onl f Exhibit A Page 19 of 28 the State Alcoholic Beverage Control Department, and at no time shall off-site sales be allowed. Full food service shall be available during entertainment; 5. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from the businesses tenant space. However, in no case may noise from the live entertainment disrupt nei hg boring businesses; 6. No cover charge may be imposed; 7. Areas for dancing and festival seating are not allowed; 8. If the police department or community development department find that a business is in noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until a live entertainment permit is issued by the City Council subject to the requirements set forth by Section 5.24.010(a et seq_ (Live entertainment) of this Zoning H. Standards and permit requirements for outdoor seating and merchandise display within the public right-of-way. The following standards govern the provision of outdoor seating/dining areas and the outdoor display of merchandise within the public right-of--way sidewalk) in the C-3 zoning district. These standards are minimum standards and additional requirements may be added through the discretionary review process. 1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval of an outdoor seating and displaypermit by the community development director. Approval is subject to the standards provided below and any other conditions as may be deemed necessary by the communitydevelopment director in order to protect the health, safety, and welfare of the cites 2. Application. Aonlication for an outdoor seating and display Hermit shall be filed with the community development department. The application shall be accompanied by a plan set, drawn to scale, depicting sidewalk dimensions, the location of seating, tables, umbrellas, and merchandise displays together with other information and exhibits as required by the community development director. 3. General standards. a. Afour-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk. This walkway shall provide for pedestrian access to doorways, crosswalks, and along the public sidewalk. No part of the walkway shall be within two feet of the building face or within one foot of the face of curb, and the walkway shall not cross the path of outward- opening doors or windows. b. All tables, seats, and displays shall be placed inside at the end of each Exhibit A Page 20 of 28 business day. c. Material placed on the sidewalk shall be secured so as not to be moved by the wind. However, tables, seats, or displays may not be bolted into the ground or secured to the streetlights, trees, or other street furniture. d. The permit holder is responsible for picking up all litter associated with the outdoor seatin o~play and shall maintain the area in a clean condition at all times. 4. Outdoor seating. a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set forth in the approved application and accompanying lp ans. b. Tables, seating or displays shall not be placed within the area of any disabled ramps, driveways, or doorways. c. Tables or seating shall not beplaced in the street, or on the sidewalk within two feet of the face of curb. d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not extend past the curb. e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be attractive, made of durable materials, and be maintained in o~pair and in a manner to enhance the downtown area. 5. Outdoor Displays. a. Outdoor merchandise displays shall be placed against the building face abutting the permit holder's tenant space and shall be limited to 50 percent of the business frontage. b. Tenants on corner lots are permitted displays along one frontage only. c. Merchandise shall be attractively displayed on appropriate racks or other similar stands. Displa sag card tables, cardBoard cartons, plastic milk cases, or plywood boxes are not permitted. Merchandise too lar eg_to be placed on a display may be freestanding. d. Displayed merchandise shall be the same type of merchandise sold in the existing business at the site. Exhibit A Page 21 of 28 e. Displays, including the merchandise placed on them, may not be more than four feet high. The community development director may approve displays greater than four feet if it can be found that the display will not block the visibility of windows of that business. £ One sign, not to exceed one square foot, per display is permitted for pricing. "A" framed signs and other types of signage shall not be considered displays. 6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the city its agents officers, attorneys, employees, and officials harmless from any and all claims causes of action, injuries, or dama e~n~ out of any negligent acts on part of the permit holder, its agents, officers, employees, or anyone rendering services on their behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending_any action covered by this provision. a. The permit holder during the continuance of this permit and at no cost to the city shall maintain a comprehensive liability_policy in the amount of $1 000 000 and if applicable a workers compensation liability policy each with a minimum cover~e of $100,000. b. The policy shall include the city as additional insured and shall apply as primary insurance and shall stipulate that no other insurance effected by the city will be called on to contribute to a loss. c. Before the issuance of apermit, the permit holder shall furnish to the city a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this permit. d. If the insurance policy is canceled, terminated, suspended, or materially changed the outdoor seating and display permit shall be suspended until the time that compliance with the requirements of this subparagraph has been fully satisfied. I. Standards for parking in the C-3 (Central Business District zoning district. In addition to other applicable parking_requirements in Chapter 21.28 (Parking and Loading), the following requirements shall apply in the C-3 (Central Business District) Zoning District. 1. Shared parking facilities. All new parking spaces shall be provided in shared parking facilities, unless the City Council, upon recommendation of the planning commission finds that another parkin~gement would better serve the public safety or welfare and would not be detrimental to the overall parking and circulation in the area. Exhibit A Page 22 of 28 2. Parking requirement computation. In computing the total parking requirement, credit shall be allowed for existing on-site parking or for existing shared off-site parkin ig fan agreement, acceptable to the city, which provides for the use and maintenance of shared parking is in effect. 3. Change in use. Legally existing buildings shall be required to meet the current parking standards upon expansion of the building or when there is a change in use which requires more parking than is currentlyprovided, unless the City Council rg_ants a parking adjustment by finding that the existing_parkin~ will adequately meet the demands generated by the change in use and will not be detrimental to the overall parking and circulation in the area. a. Retail uses and standard restaurants mawoccupy an existing building and shall not be required to provide additional parking unless the buildin;; is expanded. b. Existing_parking associated with the building shall not be reduced beyond that of current requirements. 4. Parking ratios. The required shared-facility parking ratios, based on dross square footage of a buildin;; unless otherwise indicated, shall be as follows: (parking spaces/square foot Retail 1:345 sq. ft. gross floor area Office 1:425 sq. ft. gross floor area Restaurant 1 s ace er 4 seats Banks 1:350 sq. ft. gross floor area Residential 2 s aces er unit Service commercial 1:345 sq . ft. gross floor area J. Development review regulations for projects in the C-3 (Central Business) zoning district. 1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are architectural) exemplary of the variety of historic periods in which they were constructed. These design standards are intended to both promote the conservation and rehabilitation of buildings and to encourage new building and remodeling which is simultaneous) iy n keeping with existing buildings and architectural exemplary of contemporary design. In this wa~the architectural history and richness of downtown will be continued and expanded. Each new building and remodeling_project in the downtown shall adhere both in its large- and small-scale parts to the architectural parts or style adopted for the project. Exhibit A Page 23 of 28 Architectural design shall be of high quality measured against contemporary standards. 2 Intent The guidelines below govern building mass; building form and composition• storefronts• materials colors and finishes• and other elements. They are intended to encourage the relation of specific project aspects to the designated architectural arts or style. 3 Site and Architectural Review required. Buildings and structures in the C-3 Central Business zoning district shall conform to the design standards in paragraphs 4--8 below and are subject to approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review): 4. Building mass. a Large building facades shall be divided into smaller elements to complement the intimate scale created by the existin sg mall property divisions. b Second floor decks or terraces at the rear of buildings for use by adiacent offices or restaurants should be incorporated whenever practical to add a sense of vitality to the rear building facades. c Roof design shall be consistent with the building's architectural style. Mansard shed or residential type roofs are prohibited unless it is demonstrated that such a roof style is structurally or architecturally suitable for the particular project or location. d The existing residential building_types of historical significance should retain their character including features such as landscaped setbacks. 5. Building form and composition. a Unique and historic building elements such as parapet details and belt courses shall be retained and restored. b Traditional commercial building forms should be incornorated whenever practical. c Open air dining areas facing Campbell Avenue should be employed to the greatest extent practical The buildings should not be set back from the street but should contain the dining areas within their architectural framework. d Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows augmented with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are Exhibit A Page 24 of 28 the only structurally or architecturally suitable form of wall for the particular project or location. e. Architecturall e~plary design of high quality shall be employed. Buildings should not be made to look "old time" unless such design would be clearly more appropriate and harmonious with the purpose of this chapter. £ Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style. Storefronts. a. First floor frontages shall have an integrated design including display windows, an entry, and si ng inf. b. The design of the building storefront shall be consistent with the building's architectural style. c. Walls facing pedestrian ways should have elements_of visual interest, such as fenestration displays signing, or landscaping, unless the effect of such elements would be clearly contrary to the purposes of this chapter. Large areas of blank walls should not be permitted unless it is demonstrated that such blank areas are clearly more appropriate and harmonious than would be the case if elements of visual interest were incorporated. d. Buildin sg facing Campbell Avenue shall have their primary entries along that street. e. Entries should be recessed, as they add depth to storefront, and act as transition areas between the street and shop interiors, unless the effects of such entries would be clearly contrary to the purposes of this paragraph. £ Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or windows of heavily tinted or reflective glass should not be approved unless it is demonstrated that such doors and windows are the only structurally or architecturally suitable form for the particular project or location. ~_ . Storefront windows shall reflect the building's character. For instance, on 1940's and 50's "showcase" buildings, exposed aluminum frame windows are appropriate. h. Ground floor offices facing Campbell Avenue are required to maintain the same storefront character as retail spaces. Exhibit A Page 25 of 28 i. Awnings on building facades should be employed when appropriate, as they add color weather protection, and opportunities for signing. As in other architectural elements, the awnings should be designed to reflect the building's geometry. 7. Materials, colors, and finishes. a. Primary facade materials shall be limited to those that are characteristic of the building's architectural std b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt to look antiqued or used. c. Primary building colors shall be characteristic of the building's architectural style. Overly bright garish, or otherwise offensive colors or color combinations are prohibited. d. Accent materials such as the bases shall be carefully chosen to complement the building style and coordinate with adjacent buildings. The use of shingles lava rock sheet metal siding or any other residential or industrial materials should not be approved unless it is demonstrated that such material would be the only structurally or architecturally suitable materials for the project or location. e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the buildings. f. A coordinated color scheme that responds to the style of the structure shall be developed for each building. The colors of signing, awnings, planters, accent materials and primary facade colors should all be considered. The number of colors should be limited. 8. Other elements. a. Trash collection and storage areas shall be carefully screened. b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the storefront areas. c. Colorfully landscaped planters are allowed. These are especially a~~ropriate below second floor windows. d. All building maintenance shall be done conscientiously. K. Sign regulations for C-3 (Central Business zoning district. The following provisions shall apply to the C-3 (Central Business District zoning district only and shall Exhibit A Page 26 of 28 supersede those listed under Chapter 21.30 (Suns): 1 Intent. The intent of these regulations is to stimulate creative, good quality signing which will complement the intimate scale and architectural character of the area, and which will complement the architectural style of the building to which the signing is fixed. 2 Allowable suns. Each business shall be allowed one square foot of sign area for each one linear foot of business frontage. A minimum of 20 square feet is allowed and a maximum of 40 sguare feet is allowed for each business. 3 Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal painted fabric and similar materials. Plastic signs should not be ~~roved unless it is demonstrated that the use of the plastic signs at the proposed location would be more harmonious with the purpose of this paragraph than the foregoing enumerated materials. 4 Wall signs. Each business may have one wall sign, except corner businesses, which may have two. This sign shall be located below the top of parapet on single story buildings and below the second floor sill on multistoried buildings. It may be painted directly on a wall a sign panel attached to a parapet wall, or of individually formed letters attached to a wall. 5 Awnings Awnings may be used in lieu of wall signs. An insignia or name may be painted silk screened or appliqued onto the awning. Awnings may proiect five feet into the public right-of--way on Campbell Avenue and shall maintain a minimum clearance of eight feet from the ground. All other streets shall be limited to a two-foot projection and have a minimum clearance of ei hg t feet. Awnings shall be securerattached to buildings and well maintained. No supports or poles maybe located in the public right-of--way. Awning forms shall be carefully chosen to complement the architectural style of the building to which they are fixed. Fi urg_ e 2-1 Awnin Canopy Exhibit A Page 27 of 28 6. Projecting signs. a In addition to a wall sign or awning sign, a business is allowed one, non- illuminated double-sided proLcting sign. The projecting sign may be a maximum of six square feet and may serve to identify more than one tenant in the building. b Si ng s mawproject a maximum of four feet over the public right-of-way with a minimum eight-foot clearance from the ground. Signs shall not ~roiect above anYroofline or facade of the building. c Pr~ecting si ng s shaped as symbols depicting the goods or services being sold bathe business are encouraged. d Wood suns that are carved painted stained or feature raised letters and symbols are specifically encouraged. e Sign colors should relate to material or paint scheme of the building. Fluorescent colors are not allowed. f Internally or externally illuminated signs are not allowed, nor are can signs metal signs neon signs, or flashing signs. ~ Projecting signs shall be mounted perpendicular to the street and may be hung from coverings over sidewalks or affixed to the building wall. (1) Signs shall be structurally attached to the building with wood, metal brackets, chain or other similar materials in a manner compatible with the architectural style of the building. (~ Fabric suns shall be anchored to the building from both the top and bottom of the si n. Exhibit A Page 28 of 28 SIGN Projecting ~- 4' Fi urg e 2=2 Projecting Sign 7 Lighting_ Only external illumination of suns is allowed except for individual letter signs. L Nonconforming uses and structures in the C-3 (Central Business District) zoning district Nonconforming uses and structures shall be governed by the standards set forth in Chapter 21 58 (Nonconforming Uses and Structures except that whenever a nonconforming use has been abandoned or discontinued for a continuous period of six months, the nonconforming use shall not be reestablished• and the use of the structure and the site shall comply with the regulations for the C-3 zoning district.