Chapter 21.46 — CONDITIONAL USE PERMITS

A.

Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.

B.

Protect the integrity and character of the city. This chapter provides a process for reviewing Conditional Use Permit applications to allow for specified activities and uses as identified in the various zoning districts as requiring a Conditional Use Permit. These provisions are intended to protect the integrity and character of the residential, commercial, industrial, and mixed-use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan. This chapter also ensures adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.

C.

Weighing the public need and benefit. A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards. The purpose of the review is to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause.

(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

No use shall be established in any structure or on real property, nor shall any structure be constructed, created, enlarged, erected, installed, or placed on any site for which a Conditional Use Permit is required, in compliance with Article 2, (Zoning Districts), until the Conditional Use Permit has been granted, except as otherwise specified by Section 21.14.030.C.4 (Administrative authority).

(Ord. 2043 § 1 (part), 2004; Ord. No. 2213, § 12, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.46.030 - Application filing, processing, and review.

A.

Filing. An application for a Conditional Use Permit shall be filed with the Community Development Department in compliance with Chapter 21.38, (Application Filing, Processing and Fees).

B.

Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any other data/materials identified in the Community Development Department handout for Conditional Use Permit applications.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.46.040, (Findings and decision), below.

D.

Project review procedures. Following receipt of a completed application, the Community Development Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

E.

Notice and hearings.

1.

A public hearing shall be required for the Planning Commission's decision on a conditional use permit application.

A public hearing shall be scheduled once the Community Development Director has deemed the application complete.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

4.

A Notice of Decision shall be provided for Administrative Conditional Use Permits in compliance with Chapter 21.38 (Application Filing, Processing, and Fees).

(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.46.040 - Findings and decision.

A.

Approval may be granted by the appropriate decision-making body, of an Administrative Conditional Use Permit or Conditional Use Permit application in accordance with this Chapter if all of the following findings are made:

1.

The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;

2.

The proposed use is consistent with the General Plan;

3.

The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;

4.

The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;

5.

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and

6.

The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 2043 § 1 part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Applications for Conditional Use Permits that include development plans shall not require a separate site and architectural review permit application but are subject to site and architectural review in compliance with Chapter 21.42, which is herein incorporated by reference.

(Ord. 2043 § 1 (part), 2004).

In approving an Administrative Conditional Use Permit or Conditional Use Permit application, the Community Development Director or Planning Commission (or City Council, upon appeal) may impose reasonable and necessary specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure that:

A.

Compliance with findings. The project will comply with all of the findings listed in Section 21.46.040, above;

B.

On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable zoning district; and

C.

Time limits. Any time limits on the duration of the use are provided as determined to be necessary by the Community Development Director or Planning Commission.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed § 21.46.070, which pertained to special findings for liquor establishments and derived from Ord. 2043 § 1(part), adopted 2004; Ord. No. 2213, § 13, adopted Nov. 1, 2016; and Ord. No. 2266, § 4, adopted Sep. 1, 2020.

A.

Written notification to applicant. The Community Development Director shall give written notification of his or her decision or the decision of the Planning Commission to the applicant.

B.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the Community Development Director or the Planning Commission.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit

Implementation, Time Limits, and Extensions) shall apply following the decision on an Administrative Conditional Use Permit or Conditional Use Permit application.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.48 - VARIANCES

The planning commission is empowered to grant Variances in order to prevent or to lessen practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Zoning Code as would result from a strict or literal interpretation and enforcement of certain regulations prescribed by the Zoning Code. This chapter may not be applied to allow a use that is not in conformity with the uses specified by this Zoning Code for the zoning district in which the land is located.

(Ord. 2043 § 1(part), 2004).

The planning commission may grant a Variance to any development standard of this Zoning Code; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2 (Zoning Districts).

(Ord. 2043 § 1(part), 2004).

21.48.030 - Application filing, processing, and review.

A.

Filing. An application for a Variance shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)

B.

Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or any other data/materials identified in the community development department handout for Variance

applications.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.48.040 (Findings and Decision), below.

D.

Project review procedures. Following receipt of a completed application, the community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

E.

Notice and hearings.

1.

A public hearing shall be required for the planning commission's decision on a Variance application.

2.

A public hearing shall be scheduled once the community development director has deemed the application complete.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1 (part), 2004).

21.48.040 - Findings and decision.

A.

Planning commission action on a Variance. The planning commission may approve a Variance application, with or without conditions, only after first making all five of the findings identified in Subsection (B) (Variance findings) below.

B.

Variance findings.

1.

The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Zoning Code;

The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;

3.

There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district;

4.

The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

5.

The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

C.

Planning Commission shall deny. Following the public hearing, the planning commission (or the City Council, upon appeal) shall deny the application where information submitted by the applicant and/or presented at the public hearing fails to satisfactorily support the findings identified in subsection (B), above.

(Ord. 2043 § 1 (part), 2004).

In approving a Variance application, the planning commission (or City Council, upon appeal) may impose reasonable and necessary specific design and locational conditions relating to both on- and off-site improvements, which are intended to ensure that:

A.

Compliance with findings. The project will comply with all of the findings listed in Section 21.48.040, above;

B.

On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the applicable zoning district; and

C.

Time limits. Any time limits are provided as determined to be necessary by the planning commission.

(Ord. 2043 § 1(part), 2004).

21.48.060 - Notification of decision.

A.

Written notification to applicant. The secretary of the planning commission shall give written notification of the decision of the planning commission to the applicant.

B.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the planning commission.

(Ord. 2043 § 1(part), 2004).

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a Variance application.

(Ord. 2043 § 1(part), 2004).

Chapter 21.50 - REASONABLE ACCOMMODATIONS

It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair access to housing in the application of its zoning laws pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Form to be provided by the community development director. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law and building regulations which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the community development director.

B.

Filed with application for other permit or approval. If the project for which the request is being made also requires some other land use permit or approval, then the applicant shall file the request together with the application for the permit or approval.

C.

Review. The community development director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings provided by 21.50.040 (Notice of request for accommodation). Exception: If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.50.030 - Required information.

The applicant shall provide the following information:

A.

Name. Applicant's name, address, and telephone number;

B.

Address. Address of the property for which the request is being made;

C.

Use of property. The current actual use of the property;

D.

Relevant provision or regulation. The Zoning Code provision, regulation, or policy from which accommodation is being requested; and

E.

Basis for claim. The basis for the claim that the individual is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

(Ord. 2043 § 1(part), 2004).

21.50.040 - Notice of request for accommodation.

Written notice that a request for reasonable accommodation shall be given as follows:

A.

Mailed to all immediately adjacent property owners. In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

B.

Mailed in compliance with Chapter 21.64 (Public Hearings). In the event that the request is being made in conjunction with some other process, the notice shall be mailed along with the notice of the other proceeding, in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1(part), 2004).

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

B.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

D.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.50.060 - Notice of proposed decision.

A.

Notice of decision. Notice of the proposed decision shall be made in the same manner as provided in Section 21.50.040 (Notice of Request for Accommodation), above. Such notice shall inform property owners that within 10 days of the date the notice is mailed, any person may make a written request for a community development director's hearing.

B.

Decision shall become final. If no request for hearing is received, the proposed decision shall become a final community development director's decision.

C.

Community development director's hearing. If someone requests a hearing, the community development director shall conduct a hearing on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered.

(Ord. 2043 § 1 (part), 2004).

21.50.070 - Notice of community development director's decision.

A.

Decision notice. The community development director shall issue a notice of decision either granting the request, including any reasonable conditions, or disapproving the request after the required noticing period has ended or a community development director's hearing has been held.

B.

Notice shall contain findings. The notice of decision shall contain the community development director's factual findings, conclusions, and reasons for the decision.

C.

Mailing of notice. The notice of decision shall be mailed in the same manner as identified in Section 21.50.040 (Notice of Request for Accommodation), above.

(Ord. 2043 § 1(part), 2004).

21.50.080 - Appeal to planning commission.

A.

May appeal within thirty days. Within thirty [days] after the notice of community development director's decision, any person may appeal in writing to the planning commission in compliance with Chapter 21.62 (Appeals).

B.

Grounds for appeal. All appeals shall contain a statement of the grounds for the appeal in compliance with Chapter 21.62 (Appeals).

C.

Other remedies. Nothing in this section shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty day time period allotted, the request shall be deemed granted.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.52 - DEVELOPMENT AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of development agreements consistent with the provisions of State law.

(Ord. 2043 § 1(part), 2004).

21.52.020 - Application.

A.

Owner's request. An owner of real property may request and apply through the community development department to enter into a development agreement; provided, that:

1.

The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the community development director; and

2.

The application is accompanied by all documents, information, and materials required by the community development department.

B.

Community development director's review. the community development director shall receive, review, process, and prepare recommendations for planning commission and City Council consideration on all applications for development agreements.

C.

Concurrent processing and public hearings. All development related applications shall be processed and scheduled for public hearing concurrently with the application for a development agreement. The City Council shall be the decision-making body for the development agreement and all associated applications.

D.

Fees. The application for approval of a development agreement shall include the processing fee established by the city's schedule of fees and charges. Additionally, appropriate fees shall be established and collected

for periodic reviews conducted by the community development director in compliance with Section 21.52.070(A) below.

(Ord. 2043 § 1(part), 2004).

A.

Mandatory contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement Contents]).

B.

Permissive contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the City Council, including provisions for the payment to the city of monetary consideration.

(Ord. 2043 § 1(part), 2004).

21.52.040 - Public hearings.

A.

Notice and hearings required.

1.

Public hearings shall be required for the planning commission's recommendation and the City Council's decision on a development agreement application.

2.

The public hearing shall be scheduled once the community development director has determined the application complete.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

4.

The notice shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

B.

Planning commission hearing. Following conclusion of a public hearing, the planning commission shall adopt a resolution and make a written recommendation to the City Council that it approve, conditionally approve, or deny the application with appropriate findings in compliance with Subsection (E) (Required findings), below.

C.

City council hearing.

1.

Upon receipt of the planning commission's recommendation, the city clerk shall set a date for a public hearing before the City Council in compliance with Chapter 21.64 (Public Hearings). Following conclusion of the public hearing, the City Council shall approve, conditionally approve, or deny the application with appropriate findings in compliance with Paragraph (E), (Required findings), below.

2.

If the City Council proposes to adopt a substantial modification to the development agreement not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with State law (Government Code Section 65857).

3.

Failure of the planning commission to report back to the City Council within 40 days after the referral, or within a longer time set by the City Council, shall be deemed a recommendation for approval of the proposed modification.

D.

Adopting ordinance. Should the City Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the conditions and terms of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the City Council, in compliance with State law (Government Code Section 65867.5).

E.

Required findings. The ordinance shall contain the following findings and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings. The development agreement:

1.

Is in the best interests of the city, promoting the public interest and welfare;

2.

Is consistent with all applicable provisions of the General Plan and this Zoning Code;

Does not:

a.

Adversely affect the comfort, health, peace, or welfare, or valuation of property, of persons residing or working in the vicinity of the proposed development; or

b.

Endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare.

4.

Is in compliance with the conditions, requirements, restrictions, and terms of Sections 21.52.030(A) (Mandatory contents) and 21.52.030(B) (Permissive contents), above.

F.

Referendum. The ordinance is subject to referendum in compliance with State law (Government Code Section 65867.5).

(Ord. 2043 § 1(part), 2004).

21.52.050 - Execution and recordation.

A.

Effective date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

B.

Agreement deemed withdrawn. If the applicant has not executed the development agreement and returned the executed agreement to the city clerk within 30 days of the effective date of the entitlement, the development agreement application shall be deemed withdrawn. If this occurs, the mayor shall not execute the agreement. The City Council may extend the 30-day period if a written request is filed before the expiration.

C.

Other permits or entitlements. The provisions of this chapter shall not be construed to prohibit the community development director, planning commission, or City Council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

D.

Recordation. A development agreement shall be recorded with the county recorder no later than 10 days after it is executed, in compliance with State law (Government Code Section 65868.5).

(Ord. 2043 § 1(part), 2004).

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

(Ord. 2043 § 1(part), 2004).

A.

Periodic review. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic review by the community development director during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the contracting party in compliance with Section 21.52.020.D (Fees), above.

B.

Purpose of periodic review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the development agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

C.

Result of periodic review. If, as a result of a periodic review in compliance with this section, the community development director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the development agreement, the community development director shall notify the planning commission which may recommend to the City Council that the development agreement be terminated or modified.

D.

Pubic hearing and notice required. The procedures for the termination or modification hearing shall comply with Section 21.52.040 (Public Hearings), above.

(Ord. 2043 § 1(part), 2004).

21.52.080 - Amendment or cancellation of development agreement.

A.

Compliance required. A development agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Government Code Section 65868), or as identified in the agreement.

B.

Processed in same manner. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.

(Ord. 2043 § 1(part), 2004).

21.52.090 - Effect of development agreement.

A.

Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the development agreement.

B.

Application of new rules. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the city from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

(Ord. 2043 § 1(part), 2004).

21.52.100 - Approved development agreements.

Development agreements approved by the City Council shall be on file with the city clerk.

(Ord. 2043 § 1(part), 2004).

ARTICLE 5 - ZONING CODE ADMINISTRATION Chapter 21.54 - ADMINISTRATIVE RESPONSIBILITY

This chapter describes the authority and responsibilities of City staff and appointed officials in the administration of this Zoning Code.

(Ord. 2043 § 1(part), 2004).

As provided by State law (Government Code Section 65100), the Campbell City Planning Commission, Historic Preservation Board, Site and Architectural Review Committee, Community Development Director, and Community Development Department shall perform the functions of a Planning Agency.

(Ord. 2043 § 1(part), 2004).

A.

Appointment. The seven member Campbell Planning Commission is appointed and serves in compliance with Municipal Code Chapter 2.24 (Planning Commission).

B.

Duties and authority. The Planning Commission shall perform the duties and functions prescribed by municipal code Chapter 2.24 (Planning Commission) and the duties and functions prescribed in Article 4 (Land Use/Development Review Procedures), and other applicable provisions of this Zoning Code.

(Ord. 2043 § 1(part), 2004).

A.

Appointment. The five member Historic Preservation Board is appointed and serves in compliance with Municipal Code Chapter 2.38.

B.

Community Development Director's role.

1.

The Community Development Director or designee shall act as secretary to the Board and shall be the custodian of its records, conduct official correspondence, and generally supervise the clerical and technical work of the Board in administering Chapter 21.32, (Tree Protection Regulations).

2.

The Community Development Director shall assist and staff the Board.

(Ord. 2043 § 1(part), 2004; Ord. 2113 § 1(C), 2008; Ord. No. 2117, § 1A, 12-8-2008; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.54.050 - Site and Architectural Review Committee.

A.

Establishment. The Campbell Site and Architectural Review Committee, referred to in this Zoning Code as the "Committee," is established.

B.

Appointment and membership. The Site and Architectural Review Committee shall consist of two members of the Planning Commission to be appointed by, and to serve at the discretion of, the chairperson of the Planning Commission.

C.

Appointment of an architectural advisor.

1.

An architect or licensed building designer shall be appointed by the Planning Commission to serve as an advisor to the Site and Architectural Review Committee.

2.

The advisor shall serve at the discretion of the Planning Commission for a period of twelve months.

D.

Appointment of an Historic Preservation Advisor.

1.

An Historic Preservation Board member shall be appointed by the Historic Preservation Board to serve as an advisor to the Site and Architectural Review Committee for projects involving a City of Campbell listed historic resource.

2.

The Advisor shall serve at the discretion of the Historic Preservation Board for a period of twelve months.

E.

Duties and authority. It shall be the duty of the Site and Architectural Review Committee to review all applications for site and architectural approval (other than administrative site and architectural approval) as required by this zoning code and to make reports and recommendations on each application to the Planning Commission. The Site and Architectural Review Committee shall not review any projects subject to Chapter 21.07 (Housing Development Regulations), Chapter 21.30 (Signs), or Appeals (21.62).

(Ord. 2043 § 1(part), 2004; Ord. 2113 § 1(D), 2008; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.54.060 - Community Development Director.

A.

Appointment. The Community Development Director is appointed and serves in compliance with Chapter 2.08, (Officers) and Section 2.08.120, (Community Development Director) of the Municipal Code.

B.

Duties and authority. The Community Development Director shall perform the duties prescribed in Municipal Code Section 2.08.120, (Community Development Director) and shall:

1.

Have the responsibility to perform all of the functions designated by state law (Government Code Section 65103 [Planning Agency Functions]); and

2.

Perform the duties and functions prescribed in this Zoning Code.

C.

Supervision. The responsibilities of the Community Development Director may be temporarily delegated to a designated Community Development Department staff person as follows:

1.

Except where otherwise provided by this Zoning Code, the responsibilities of the Community Development Director may also be carried out by Community Development Department staff under the supervision of the Community Development Director; and

2.

When the Community Development Director designates a Community Development Department staff person to act in place of the Community Development Director, the staff person shall perform the duties assigned by the Community Development Director in addition to those listed in subsection B of this section, as appropriate to the personnel title of the staff designee.

(Ord. 2043 § 1(part), 2004).

Chapter 21.56 - PERMIT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS

This chapter provides requirements for implementing or "exercising" the permits or entitlements approved in compliance with this Zoning Code, including time limits, and procedures for granting amendments and extensions of time.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Discretionary decisions by community development director or planning commission. Discretionary decisions made by the community development director or the planning commission shall become effective on the eleventh calendar day following the date a decision is rendered, unless an appeal is filed in compliance with Chapter 21.62, (Appeals). Time limits will extend to the following City Hall working day

where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. A decision shall be considered rendered as follows:

1.

Decisions made by the community development director. When a permit, including plans and conditions is approved by the community development director; or

2.

Decisions made by the planning commission following a public hearing. When a resolution is adopted by the planning commission without changes or with changes that are read into the record, if applicable.

B.

Ministerial permits. Ministerial community development director decisions shall be effective immediately upon being stamped and signed by the community development director, or his/her designee.

C.

Decisions by City Council.

1.

Development agreements and amendments to this Zoning Code and the zoning map shall become effective on the thirtieth day following the adoption of an ordinance by the City Council.

2.

A general plan amendment shall be effective on the thirtieth day following the adoption of a resolution by the City Council.

3.

A resolution adopted by the City Council, without changes or with changes that are read into the record, shall be effective immediately following the decision.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Permit time limits.

1.

Shall expire in twelve months. To ensure continued compliance with the provisions of this chapter, each approved permit shall expire twelve months after its effective date set by Section 21.56.020, (Effective date of permits), of this section or other date specified in the permit or approval, if the project has not been established on the site. Time extensions may be granted in compliance with subsection C of this section.

2.

Failure to establish project. If the project authorized by a permit has not been established within the required time, and a time extension is not granted, the permit shall expire and be deemed void, without any further action by the city.

3.

Phasing.

a.

Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the decision-making body has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this section, without prior decision-making body approval.

b.

Pre-approved phases.

(1)

If a project is to be built in pre-approved phases, each subsequent phase shall have twelve months from the previous phase's date of establishment to the next phase's date of establishment to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void, without any further action by the city.

(2)

If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be established before the expiration of the companion tentative map.

B.

Project established. An approved project shall be deemed to have been established when:

1.

Issuance of building permit. A building permit has been issued;

2.

Commencement of use. An approved use that did not require construction has commenced and has been diligently continued, including issuance of a business license, if applicable; or

3.

Recordation of a map. A map required by the Subdivision Map Act related to the project has been filed and recorded.

C.

Extensions of time.

1.

The applicant may request an extension of the permit expiration date by filing a written request for an extension no later than thirty days before the expiration of the permit, together with the filing fee required by the city's schedule of fees and charges.

2.

The permittee has the burden of proof to establish, with substantial evidence that the applicant has made a good faith effort to fulfill all the requirements of the permit approval, the justification for extension of the permit.

3.

The applicable decision-making body identified in subsection D of this section may grant an extension for a period of time that is deemed commensurate with the justification for the extension presented by the applicant, but in no event for more than an aggregate total extension of twenty-four months beyond the original approval time limit, unless conditions of approval authorize longer extensions.

4.

A request for an extension of time for property located within an overlay combining zoning district shall be reviewed pursuant to the terms of a master use permit as specified by Section 21.14.030.C.10 (Extensions).

D.

Decision-making body.

1.

Upon good cause shown, the first extension may be approved, approved with modifications, or denied by the community development director for a maximum period of twelve months beyond the original approval time limit. The community development director may defer action on the extension and refer the application to the planning commission. This provision shall not apply to property located within an overlay combining zoning district, as specified by Section 21.14.030.C.10 (Extensions).

2.

Subsequent extensions of permits approved by the planning commission, beyond those allowed by the community development director, may only be approved, approved with modifications or denied by the planning commission.

Subsequent extensions of permits approved by the City Council, beyond those allowed by the community development director, may only be approved, approved with modification, or denied by the City Council.

4.

Permit extension decisions may be appealed in compliance with Chapter 21.62, (Appeals).

E.

Public notice for extensions. Notice of a requested permit extension that requires approval by the planning commission or City Council shall be given in compliance with Chapter 21.64, (Public Hearings).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2213, §§ 15, 16, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Guarantee faithful performance. The applicant or owner may be required by a permit's conditions of approval or by action of the community development director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the decision-making body.

B.

Reasonable amount of security. The community development director shall set the amount of the required security at a level that is reasonable in relation to the specific conditions being guaranteed.

(Ord. 2070 § 1 (Exh.A) (part), 2006: Ord. 2043 § 1 (part), 2004).

Building permits for a project that is required to be authorized through the approval of a land use permit in compliance with this Zoning Code may be issued only after:

A.

Appeal period has expired. The appeal period provided by Chapter 21.62, (Appeals) has expired without an appeal being filed, or an appeal has been concluded by the appeal body approving the project; and

B.

All conditions of approval have been completed. All conditions of approval prerequisite to construction have been completed, or the community development director has authorized their deferral on the basis of a performance guarantee (see Section 21.56.040, Performance guarantees, of this chapter).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.

A.

Minor changes. Minor changes may be approved, modified, or denied by the community development director.

B.

Community development director's determination. The community development director shall determine whether a proposed change is minor or major.

C.

Minor changes. The community development director may authorize minor changes to an approved site plan and elevations that will not change the overall character of the proposed development, and only if the changes:

1.

Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the original approval; and

2.

Do not involve a feature of the project that was:

a.

A basis for findings in a negative declaration or environmental impact report for the project,

b.

A basis for conditions of approval for the project, or

c.

A specific consideration by the decision-making body (e.g., the community development director, planning commission or City Council) in granting the permit or approval.

D.

Major changes.

1.

Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section, and as specified by a master use permit authorized by Section 21.14.030.C (Master use

permit) and shall only be approved, modified, or denied by the decision-making body that originally approved the permit.

2.

A major change request shall be processed in the same manner as the original permit or approval.

E.

Legacy Permits. Legacy permits, including Planned Development Permits and Administrative Planned Development Permits, may not be amended and must be revoked in accordance with Section 21.68.030 (Permit revocation) in order to be modified in accordance with current zoning regulations.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2213, § 17, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Except for a home occupation permit, any land use permit or approval granted in compliance with the provisions of this Zoning Code shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Resubmittals prohibited within twelve months. For a period of twelve months following the date of denial of a discretionary permit, approval, or amendment, no application for the same or substantially similar discretionary permit, approval, or amendment for the same site shall be filed, except if the denial was without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances to an extent that further consideration is deemed warranted.

B.

Denial without prejudice. There shall be no limitation on subsequent applications for a site on which a project was denied without prejudice.

C.

Community development director's determination. The community development director shall determine whether the new application is for a discretionary permit, approval, or amendment which is the same or substantially similar to the previously approved or denied permit, approval, or amendment.

D.

Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 21.62, (Appeals).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

Chapter 21.58 - NONCONFORMING USES AND STRUCTURES

A.

Purpose. This chapter establishes regulations for legal nonconforming uses and structures. These are uses and structures within the city that were lawfully established and constructed before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or future amendments thereto.

B.

Intent. It is the intent of this chapter to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be eliminated or altered to conform to the zoning district standards in which they are located.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).

21.58.020 - Applicability.

A.

Nonconforming uses and structures. Nonconforming uses and structures within the city may continue to be used, and may be altered, maintained, expanded, reconstructed, or replaced only as allowed by this chapter.

B.

City properties. Any property with a nonconforming structure owned in whole or in part by the city of Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, or removal of a city-owned nonconforming structure.

C.

Status of designated cultural resource. Designated cultural resources shall not be considered nonconforming or illegal for purposes of maintenance and upkeep.

D.

Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable provisions of the Municipal Code or the Santa Clara County regulations when originally established, are in violation of this Zoning Code and are subject to the provisions of Chapter 21.70, (Enforcement). This chapter does not grant any right to continue the use or occupancy of property containing an illegal use or structure, or any use or structure that was not legally created.

E.

Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city, in compliance with Municipal Code Chapter 6.10, (Nuisance Abatement and Property Maintenance Regulations), or other applicable provisions of law.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).

21.58.030 - Definitions.

Nonconformities are defined as follows:

"Nonconforming structures" means a structure the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current requirements of this Zoning Code.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current use regulations for the zoning district in which it is located. Existing residential uses that do not fall between the minimum or maximum density range of their assigned General Plan land use designation(s) shall not be considered a nonconforming use.

"Nonconformity upon annexation" means a use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Zoning Code.

(Ord. 2043 § 1(part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023) 21.58.040 - Restrictions on nonconforming uses.

A.

Purpose. This section is intended to limit the number and extent of nonconforming uses by prohibiting expansion, enlargement, or intensification, re-establishment after abandonment, alteration of the structures they occupy, and restoration after destruction.

B.

Continuation of Use.

1.

The nonconforming use of a structure, lawfully established before the enactment of rezoning, reclassification, or change of regulations, may be continued only in compliance with the provisions of this chapter.

2.

Notwithstanding anything contained in this chapter to the contrary, any motor vehicle repair facility that is nonconforming with regard to the requirements of Section 21.36.140, (Motor vehicle repair facilities), shall

come into compliance with all applicable regulations of Section 21.36.140 of this title within twenty-four months of the latter of:

a.

The effective date of the ordinance codified in this chapter adopting this provision; or

b.

The date that the use became nonconforming. Nothing contained in subsection (B)(2) of this section shall be construed as prohibiting a lawfully established motor vehicle repair facility that is presently nonconforming solely due to the fact that it is not currently a permitted use in the zoning district in which is located from continuing to operate so long as the use complies with the operational requirements of Section 21.36.140 of this title.

3.

Any late-night activity nonconforming with regard to the requirements of Chapters 21.08 through 21.14, shall come into compliance by obtaining an administrative planned development permit subject to Section 21.12.030 (Planned development zoning district) within twenty-four months of the effective date of City Council Ordinance 2093 or by obtaining a Conditional Use Permit subject to Section 21.46 (Conditional Use Permits) within twenty-four months of the effective date of City Council Ordinance 2002.

C.

Change in Use.

1.

The nonconforming use of a site or structure may be changed to a use of the same or more restricted classification as determined by the community development director.

2.

Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it shall not thereafter be changed to a use of greater intensity.

D.

Enlargement or Expansion Prohibited. A nonconforming use shall not be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use.

E.

Discontinued Use.

1.

A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous period of at least twelve months shall not be re-established on the site and further use of the structure or parcel shall

comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

2.

Evidence of abandonment shall include, but is not limited to, the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation.

F.

Nonconforming Use of Land. The nonconforming use of land, on which no main structure is located, which was lawfully established before the enactment of zoning, rezoning, reclassification, or change of regulations, may be continued for a period of not more than five years from when it first became nonconforming; provided:

1.

No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

2.

The nonconforming use of land may be changed to a use of the same or lesser intensity (as determined by the community development director) but where the nonconforming use of land is changed to a use of lesser intensity it shall not thereafter be changed to a use of greater intensity.

3.

A nonconforming use of land that is abandoned or discontinued for a continuous period of at least twelve months shall not be re-established. Any further use of the site thereafter shall comply with all applicable provisions of this Zoning Code.

G.

Nonconforming Due to Lack of Conditional Use Permit. A use that is nonconforming due to the lack of a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation, type or intensity of use). Any change shall require conditional use permit approval.

H.

Previous Conditional Use Permits in Effect. A use that was established with conditional use permit approval but is a use no longer allowed by this Zoning Code within the applicable zoning district may continue in operation, but only in compliance with all of the provisions of the original conditional use permit. If the conditional use permit specified a termination date, the use shall be discontinued in compliance with that termination date.

I.

Nonconformance Due to Reclassification. The foregoing provisions of this Zoning Code shall also apply to uses and structures which thereafter become nonconforming due to any reclassification of zoning districts, in compliance with Chapter 21.60, (Amendments) or any subsequent change in the regulations of this chapter; provided, where a period of years is specified in this section for the removal of nonconforming uses or structures the period shall be computed from the date of the reclassification or change.

(Ord. 2043 § 1(part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2093 § 1(part), 2007; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.58.050 - Restrictions on nonconforming structures.

A.

Purpose. This section is intended to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, or moved, and by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be altered or eliminated to conform to all applicable provisions of this Zoning Code.

B.

Continuation of structure. A nonconforming structure, lawfully constructed before the enactment of rezoning, reclassification, or change of regulations may be continued only in compliance with the provisions of this chapter.

C.

Maintenance, repairs and minor alterations. Except as otherwise provided in this chapter, a nonconforming structure may be maintained, repaired, and minor alterations made; provided no structural alterations shall be made except those required by law or ordinance.

D.

Additions, enlargements and moving.

1.

A nonconforming structure shall not be added to or enlarged in any manner, except as identified in subsection F of this section.

2.

A structure that does not comply with the height or area regulations shall not be added to or enlarged in any manner, except as identified in subsection F of this section.

3.

A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided the required additional parking spaces are provided, in compliance with Chapter 21.28, (Parking and Loading).

4.

No nonconforming structure shall be moved in whole or in part to any other location on the parcel unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code.

E.

Reconstruction after damage or destruction. A nonconforming structure that is involuntarily damaged or partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy, clearly beyond the control of the property owner, may be reconstructed in compliance with the building code, only as follows:

1.

Cost does not exceed seventy-five percent. A nonconforming structure which is involuntarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) may be restored or reconstructed; provided, the restoration is started within twelve months of the date of damage, and the restoration is completed within twelve months thereafter;

untarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) may be restored or reconstructed; provided, the restoration is started within twelve months of the date of damage, and the restoration is completed within twelve months thereafter;

2.

Cost exceeds seventy-five percent. In the event the cost to repair the damage or destruction exceeds seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) no repairs or reconstruction shall be made unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code;

3.

Exceeds seventy-five feet in height. In compliance with the intent of Section 21.18.050, (Exceptions to height provisions), and notwithstanding any provisions to the contrary, a nonconforming structure that equals or exceeds seventy-five feet in height shall be allowed to be reconstructed or restored if it becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in subsection (E)(1) of this section.

4.

Residential structures.

a.

Nonconforming single- and multi-family residential dwelling units involuntarily damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards of the zoning title that applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards) at the time that it was originally constructed or modified.

b.

A complete application for reconstruction shall be submitted within twelve months of the date of damage, reconstruction shall be commenced within one hundred eighty days of land use permit/building permit approval, and must be diligently pursued to completion.

c.

The new construction shall comply with current building and fire code requirements.

F.

Exceptions. The following exceptions apply to all lawfully constructed structures, including accessory dwelling units:

1.

Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning districts in which it is located may be added to or enlarged in compliance with the following criteria:

a.

The structure was lawfully constructed;

b.

The addition or enlargement is limited to the first floor;

c.

The addition or enlargement does not decrease the existing setbacks;

d.

Any upper story additions comply with the current setback requirements; and

e.

When required by Chapter 21.42 (Site and architectural review) the decision-making body approving the site and architectural review permit for the addition or enlargement finds that the addition or enlargement will not be detrimental to the public health, safety, or general welfare of persons residing in the neighborhood.

2.

Policy "E" of the San Tomas neighborhood plan.

a.

Additions to legally existing structures subject to the San Tomas Area Plan and located in the San Tomas area may be added to or enlarged as allowed under policy "E" of the San Tomas neighborhood plan.

b.

Policy "E" is incorporated herein by reference.

c.

The map outlining the boundaries of the San Tomas area is maintained at the community development department.

d.

In the case of conflict between the San Tomas neighborhood plan policy "E" and the requirements contained in this chapter, policy "E" of the plan shall prevail for projects subject to the San Tomas Area Plan.

3.

Campbell Village Neighborhood Plan.

a.

Extensions along existing non-conforming building walls as provided by the Campbell Village Neighborhood Plan.

b.

The Campbell Village Neighborhood Plan is incorporated herein by reference.

c.

The map outlining the boundaries of the Campbell Village Neighborhood Plan is maintained at the community development department.

d.

In the case of conflict between the Campbell Village Neighborhood Plan and the requirements contained in this chapter, the Campbell Village Neighborhood Plan shall prevail.

G.

Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without the cost limitations identified in subsection E of this section; provided the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements, including the applicable provisions of state law (e.g., Title 24, California Code of Regulations, etc.).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2225, § 16, 8-15-2017; Ord. No. 2252, § 15, 11-19-2019; Ord. No. 2286, § 15, 8-16-2022; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.60 - AMENDMENTS (GENERAL PLAN, ZONING CODE, AND ZONING MAP AMENDMENTS)

The purpose of this chapter is to provide procedures for processing and reviewing the following amendments, whenever the public necessity, convenience, and the general welfare require the amendment:

A.

General Plan. General plan amendment that may include revisions to, goals, policies, actions, land use designations, or text;

B.

Zoning Code. Zoning code amendment that may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the City; and

C.

Zoning Map. Zoning map amendment that has the effect of rezoning property from one zoning classification to another.

(Ord. 2043 § 1(part), 2004)

21.60.020 - Initiation of amendment.

A.

General Plan. An amendment to the General Plan may be initiated only by the City Council or City Manager.

B.

Zoning Code. An amendment to this Zoning Code may be initiated only by the City Council, City Manager, Community Development Director, or Planning Commission.

C.

Zoning Map. An amendment to the Zoning Map may be only initiated by the City Council, City Manager, Community Development Director, Planning Commission, by a written application of a person having a legal or equitable interest in the subject property, or by a majority of the property owners when an area is being considered for amendment.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

When initiated by a property owner(s) or an interested party, application filing, processing, and review for the amendment shall be conducted in the following manner:

A.

Filing. An application for an amendment shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)

B.

Contents. The application shall be accompanied by detailed data and materials identified in the community development department handout for amendment applications.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.60.070 (Findings and Decision), below.

D.

Project review procedures. Following receipt of a completed application, the community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

E.

General Plan and Zoning Map Amendments. Where an amendment to the General Plan and/or Zoning Map will introduce, or change, a residential or mixed-use land use designation or zoning district designation, an amendment to the Form-Based Zoning Map (FBZM) as set forth in Chapter 21.07 shall be required.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.60.040 - Notice and hearings.

A.

Public hearing required. Public hearings shall be required for the planning commission's recommendation and the City Council's decision on an amendment application.

B.

Determination of completeness. The public hearing shall be scheduled once the community development director has deemed the application complete.

C.

Notice and conduct of hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1(part), 2004)

A.

Planning Commission recommendation. The Planning Commission shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 21.60.070 (Findings and Decision), below.

B.

Planning commission resolution. The recommendation shall be by resolution carried by the affirmative vote of the majority of the planning commission.

C.

Transmittal within 40 days. The resolution shall be transmitted to the City Council within 40 days after its date of adoption.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.60.060 - City Council action on amendments.

A.

City council's action on amendment. Upon receipt of the planning commission's recommendation, the City Council shall approve, approve in modified form, or deny the proposed amendment based on the findings contained in Section 21.60.070 (Findings and Decision), below.

B.

Referral to planning commission. If the City Council proposes to adopt a substantial modification to the amendment not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Code/Map Amendments]).

C.

Failure to report back to the City Council. Failure of the planning commission to report back to the City Council within 45 days for General Plan amendments or 40 days for Zoning Code/map amendments after the referral, or within a longer time set by the City Council, shall be deemed a recommendation for approval of the modification.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.60.070 - Findings and decision.

A.

Findings for General Plan Amendments. An amendment to the General Plan may be approved only if all of the following findings are made:

1.

The amendment is deemed to be in the public interest;

2.

The amendment is consistent and/or compatible with the rest of the General Plan;

3.

The potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare; and

4.

The amendment has been processed in accordance with the applicable provisions of the California Government Code, the California Environmental Quality Act (CEQA), and the City's Municipal Code.

B.

Findings for Zoning Code and Zoning Map Amendments. An amendment to this Zoning Code or the zoning map may be approved only if the decision-making body first makes the following findings, as applicable to the type of amendment.

1.

Findings required for all Zoning Code and zoning map amendments:

a.

The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, overlay district, area plans, neighborhood plans, and specific plan(s); and

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.

2.

Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

3.

Additional Finding for Zoning Map Amendments. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation(s) and anticipated land uses/project.

(Ord. 2043 § 1(part), 2004; Ord. No. 2225, § 17, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The city clerk shall give written notification of the decision of the City Council to the applicant.

(Ord. 2043 § 1(part), 2004).

A.

Adoption of an urgency measure. The City Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law (Government Code Section 65858).

B.

Prohibiting uses in conflict with recommendations. If the community development department or the planning commission in good faith is conducting, or resolves to conduct, studies within a specified time for the purpose of holding a hearing(s) in order to provide recommendations to the City Council related to the adoption or amendment of this Zoning Code, or in the event that new property may be annexed to the city, the City Council, in order to protect the public health, safety, and welfare, may adopt as an urgency measure a temporary interim ordinance prohibiting uses which may be in conflict with the adopted or amended Zoning Code.

(Ord. 2043 § 1(part), 2004)

A.

Prezoning of unincorporated property. The city may prezone unincorporated property adjoining the city for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the city.

B.

Procedures for prezoning. The procedures for accomplishing the prezoning shall be as provided by this chapter for a zoning map amendment for property within the city.

C.

Effective date. The zoning shall become effective at the same time that the annexation becomes effective.

(Ord. 2043 § 1 (part), 2004).

Chapter 21.62 - APPEALS

This chapter provides procedures for filing appeals of determinations or decisions rendered by the Community Development Director or the Planning Commission.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.62.020 - Appeals from administrative decisions.

A.

Appeal of Community Development Director's or city official's interpretation. The applicant or any other interested party may file an appeal to the Planning Commission from an administrative interpretation made by the Community Development Director or any city official in compliance with this Zoning Code.

B.

Appeal of Community Development Director's decisions. The applicant or any other interested party may file an appeal to the Planning Commission from any of the following decisions made by the Community Development Director:

1.

Administrative Conditional Use Permits;

2.

Administrative Planned Development Permits;

3.

Administrative Site and Architectural Review Permits;

4.

Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority);

5.

Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative); authority);

6.

Fence Exceptions;

7.

Notice of Intent to record;

8.

Parking Modification Permits;

9.

Reasonable Accommodation;

10.

Temporary Use Permits; and

Tree Removal Permits.

C.

Appeal filed with the Community Development Department. The appeal shall be filed with the Community Development Department and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable.

D.

Ministerial actions. Ministerial actions granting or denying a building permit, zoning clearance, home occupation permit, or any other ministerial action pursuant to this Zoning Code are final and not subject to appeal.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 18, 11-1-2016; Ord. No. 2270, § 17, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.62.030 - Appeals from decisions of the Planning Commission.

A.

Appeal of Planning Commission Decision. The applicant or any other interested party may file an appeal to the City Council from any decision of the Planning Commission rendered in compliance with this Zoning Code.

B.

Appeal Filed with the City Clerk. The appeal shall be filed with the City Clerk and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable.

C.

Council Initiated Review: Notwithstanding any other provision of this section, the City Council may review any decision of the Planning Commission as follows:

1.

The City Council may initiate the review by vote of a majority of its members at any time prior to the expiration of the appeals period set forth in Section 21.62.040;

2.

The review shall be treated the same as an appeal, except that no application need be filed with the City Clerk.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Timing and form of appeal.

1.

Appeals shall be submitted in writing and filed with the Community Development Department or City Clerk within ten days after the date the Community Development Director or the Planning Commission renders the decision, respectively.

2.

The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.

3.

Appeals shall be accompanied by the filing fee set by the city's schedule of fees and charges, no part of which is refundable.

B.

Effect of filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.

C.

Required statement and evidence.

1.

Applications for appeals shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed.

2.

Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential project impacts.

3.

Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.

D.

Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant, by first class United States mail or comparable delivery service, postage prepaid, to the address listed on the application within seven days of its filing.

E.

Report and scheduling of hearing.

1.

When an appeal has been filed, the Community Development Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body, with notice provided in compliance with subsection F of this section.

2.

All appeals shall be considered in public hearings.

3.

The city may consolidate hearings on all timely filed appeal applications for the same project.

F.

Notice requirements.

1.

Public notice for a hearing on an appeal shall be provided in the same manner as required for the decision being appealed.

2.

The content of the notice shall comply with Chapter 21.64, (Public Hearings).

G.

Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the City Clerk with the signatures of all persons who originally filed the appeal.

H.

Decision shall be final after ten days. Any determination or decision not appealed within the ten-day period shall be final.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2169, § 5(Exh. D), 6-4-2013; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.62.050 - Action on appeals.

A.

Action. At the hearing, the decision-making body may consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions.

1.

Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.

2.

Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.

3.

Deny the permit. Deny the permit approved by the previous decision-making body, even though the appellant only requested a modification or elimination of one or more conditions of approval.

4.

Referral. If new or different evidence is presented in the appeal, the Planning Commission or City Council, may, but shall not be required to, refer the matter back to the Community Development Director or Planning Commission, as applicable, for further consideration. Any new evidence shall relate to the subject of the appeal.

5.

Required findings. The appeal body shall make the required findings in support of its final action.

B.

Deadlock Vote.

1.

By Planning Commission. In the event an appeal from an action of the Community Development Director results in a deadlock vote by the Planning Commission, the determination, interpreting decision, judgment, or similar action of the Community Development Director shall be recognized as final, unless appealed to the City Council.

2.

By City Council. In the event that an appeal from an action of the Planning Commission results in a deadlock vote by the City Council, the action of the Planning Commission shall become final.

C.

Effective Date of Decision.

1.

Final action by Planning Commission. An action of the Community Development Director appealed to the Planning Commission shall not become effective until the time for an appeal to the City Council has expired without an appeal.

Final action by City Council. An action of the Planning Commission appealed to the City Council shall not become effective until final action by the City Council.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.62.060 - Exhaustion of appeals.

A.

Except as provided in subsection B of this section, no action challenging a decision made pursuant to this title may be commenced unless all of the appeals afforded under this title have been exhausted.

B.

Notwithstanding subsection A, no one shall be required to exhaust the appeal rights afforded under this title prior to commencing an action to challenge any decision that violates free speech rights protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.

(Ord. No. 2143, § 1, 2-15-2011)

Chapter 21.64 - PUBLIC HEARINGS

21.64.010 - Purpose of chapter.

A.

This chapter provides procedures to be followed by the city in noticing public hearings.

B.

When public notice is required, it shall be given as provided by this chapter, whether or not this Zoning Code requires a public hearing.

C.

By following these procedures, it is intended that interested individuals and groups will be aware of the proposals under consideration and may offer their input into the decision-making process.

(Ord. 2043 § 1(part), 2004)

When a land use permit, amendment, or appeal, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094, and 66451.3 and Public Resources Code 21000 et seq.), or as otherwise required in this Zoning Code.

In the event of a conflict between the provisions of this chapter and other provisions in this Zoning Code, the provisions of this chapter shall prevail.

A.

Content of Notice. Notice of a public hearing shall include:

1.

Date, Time, and Place. The date, time, and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the property that is the subject of the hearing; and the phone number of the community development department for additional information; and

2.

Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider granting the proposed negative declaration or certification of the final environmental impact report.

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091):

1.

Publication. Notice shall be published at least once in a local newspaper of general circulation in the city at least ten days before the hearing;

2.

Mailing. Notice shall be mailed first class at least ten days before the hearing to the following:

a.

Applicant and Owner. The applicant and the owner of the property being considered, or the owner's agent at the address shown on the application form;

b.

Local Agencies. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

Surrounding Property Owners. All owner(s), as shown on the last equalized assessment roll adopted by the County of Santa Clara before the date the application was filed, of the parcels of land which either in their

entirety or in part are situated within 300 feet of any part of the parcel(s) of land which is the subject of the application. Notice to the owners shall be sent to their addresses as shown on the assessment roll; and

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the community development director and has paid the fee set by the current city's schedule of fees and charges for the notice.

C.

Zoning Code Text Amendments. For public hearings involving a Zoning Code text amendment where no specific properties are the subject of the application, notice shall be given as prescribed in Subsection B. (Method of notice distribution) above, with the exception of subparagraph B. 3., (or B. 2. c.) mailing of notices to all property owners within 300 feet of the subject property.

D.

Posting in a public place. A notice shall be posted in a public place in the offices of the city at least three days before the hearing.

E.

Alternative notice. If the number of property owners to whom notice would be mailed is greater than one thousand, the community development director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the city in compliance with State law (Government Code 65091).

F.

Additional notice. In addition to the methods of noticing required by Subsection b. above, the community development director may provide any additional notice using any distribution method (e.g., the internet) that the community development director determines is necessary or desirable.

G.

Official responsible for preparing notices.

1.

Planning commission public hearings. The community development director shall prepare all notices for planning commission public hearings.

2.

City council public hearings. The city clerk shall prepare all notices for City Council public hearings.

(Ord. 2043 § 1(part), 2004)

Failure of the community development director or city clerk to mail a notice required by this chapter or the failure of any person to receive the notice shall not affect, in any way whatsoever:

A.

Validity of any proceeding. The validity of any proceedings taken under this chapter;

B.

Any action or decision. Any action or decision of the community development director, planning commission, or City Council made or taken in any proceedings; or

C.

Proceeding with the hearing. The planning commission or City Council from proceeding with any hearing at the time and place identified in the notice.

(Ord. 2043 § 1(part), 2004)

21.64.040 - Hearing procedure.

A.

Holding of hearing. Public hearings as provided for in this chapter shall be held at the time and place for which notice has been given in compliance with this chapter.

B.

Hearing may be continued. A hearing may be continued without additional mailed notice, provided that the chairperson announces the time and place to which the hearing will be continued, before the adjournment or recess.

(Ord. 2043 § 1(part), 2004)

A.

Timing of decision. The decision-making body may announce and record the decision at the conclusion of a scheduled hearing, or defer action, take specified items under advisement, and continue the hearing.

B.

Contents of record.

1.

Findings and monitoring requirements. The record of the decision-making body shall contain applicable findings, all conditions and time limits, and the reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

2.

Mailing of record. Following the hearing, the record of the decision shall be mailed to the applicant at the address shown on the application.

a.

Official responsible for preparing the notification to the applicant.

(1)

The secretary of the planning commission shall give written notification of the action (e.g., recommendation or decision) of the planning commission to the applicant.

(2)

The city clerk shall give written notification of the decision of the City Council to the applicant.

b.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits, and the reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city.

(Ord. 2043 § 1(part), 2004)

The decision of the community development director or planning commission is final unless appealed in compliance with Chapter 21.62 (Appeals).

(Ord. 2043 § 1(part), 2004)

21.64.070 - Recommendation by planning commission.

A.

Planning commission's recommendation. At the conclusion of a public hearing on a proposed amendment to the General Plan, this Zoning Code, the zoning map, or a development agreement the planning commission shall forward a recommendation, including all required findings, to the City Council for final action.

B.

Mailing of recommendation. Following the hearing, a notice of the planning commission's recommendation shall be mailed to the applicant in compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).

(Ord. 2043 § 1(part), 2004)

A.

City council's action. For applications requiring City Council approval, the City Council shall announce and record its decision at the conclusion of the public hearing.

B.

Findings and monitoring requirements. The record of the decision shall contain the findings of the City Council, any conditions of approval, and reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city.

C.

Mailing of decision. Following the hearing, a notice of the decision shall be mailed to the applicant in compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).

(Ord. 2043 § 1(part), 2004)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed § 21.64.090, which pertained to notices in the San Tomas Area and derived from Ord. 2043 § 1(part), adopted 2004.

Chapter 21.68 - REVOCATIONS AND MODIFICATIONS

This chapter provides procedures for securing revocation or modification of previously approved permits and entitlements.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.68.020 - Hearing and Notice.

A.

Notice of noncompliance. The community development director may issue a notice of noncompliance for any failure to comply with a condition of a permit or for failure to comply with any code, law, ordinance, regulation, or statute of the city, State, or Federal governments, or if the use creates a nuisance.

B.

Failure to comply with notice. If the noncompliance or nuisance is not abated, corrected, or rectified, in compliance with Municipal Code Chapter 6.10 (Nuisance Abatement and Property Maintenance Regulations) within the time specified in the notice, the community development director may set a date for a public hearing.

C.

Appropriate decision-making body. The decision-making body that originally approved the permit may hold a public hearing to revoke or modify any permit granted in compliance with the provisions of this Zoning Code.

D.

Ten days before hearing. Notice shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least ten days before the public hearing.

E.

Deemed delivered. Notice shall be deemed delivered two days after being mailed, first class, to the owner as shown on the last equalized assessment roll adopted by the County of Santa Clara and to the project applicant, where the applicant is not the owner of the subject property.

F.

Stay on further approvals. Should the community development director convene a public hearing pursuant to this chapter for a property located within an overlay combining zoning district subject to a master use permit authorized by section 21.14.030.C (Master use permit), no further land use approvals shall be granted until all proceedings under this chapter have concluded or the instigating violation has been resolved.

(Ord. 2043 § 1(part), 2004).

(Ord. No. 2213, § 22, 11-1-2016)

A permit may be revoked by the decision-making body that originally approved the permit, or the decisionmaking body currently authorized to grant such a permit, if any one of the following findings can be made:

A.

Circumstances under which the permit was granted have been changed by the city or applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and/or the public convenience, health, interest, safety, or welfare require the revocation;

B.

The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit;

C.

One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

D.

The improvement authorized in compliance with the permit is in violation of a code, law, ordinance, regulation, or statute of the city, State, or Federal governments; or

E.

The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decisionmaking body.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.68.040 - Permit modification.

A.

Effect of Modification.

1.

The city's action to modify a permit, rather then to revoke it, shall have the effect of changing the operational aspects of the permit.

2.

The changes may include the operational aspects related to buffers, duration of the permit, hours of

operation, landscaping and maintenance, lighting, noise, odors, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and similar aspects.

B.

Required findings. A land use permit and any of its conditions of approval may be modified by the decisionmaking body that originally approved the permit, without the consent of the property owner or operator, if the decision-making body first determines that:

1.

Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the modification;

2.

The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit;

3.

One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

The improvement authorized in compliance with the permit is in violation of a code, law, ordinance, regulation, or statute of the city, State, or Federal governments; or

5.

The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the decisionmaking body.

(Ord. 2043 § 1(part), 2004)

A variance may be revoked or modified by the decision-making body which originally approved the application, if any one of the following findings can be made.

A.

Findings for revocation.

1.

Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the approval;

2.

The variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the Variance; or

3.

One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the approval.

B.

Findings for modification.

1.

Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has substantially exercised the rights granted by the approval;

2.

One or more of the conditions of the variance have not been met, or have been violated, and the grantee has substantially exercised the rights granted by the approval; or

3.

The conditions of approval are found to be inadequate to mitigate the impacts of the project allowed by the variance.

(Ord. 2043 § 1 (part), 2004).

Chapter 21.70 - ENFORCEMENT[[9]]

Footnotes:

--- ( 9 ) ---

Note— Prior ordinance history: Ord. 2043.

This chapter is intended to indicate the responsibilities for the enforcement of the Zoning Code and the penalties for violations.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

All departments, officials and employees of the city vested with the duty or authority to issue permits, certificates or licenses shall comply with the provisions of this title, and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

The community development director or such other person as the community development director may designate is authorized to enforce this title. The community development director may serve notice requiring removal of any structure or use in violation of this title. The community development director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate action to that end. The community development director may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Infractions. It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this title. Except as otherwise provided in subsection B of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this title, is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

B.

Misdemeanors. Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection A of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:

1.

The violation was committed willfully or with knowledge of its illegality;

2.

The violator does not cease, or otherwise abate the violation after receiving notice of such violation;

3.

The violator has previously been convicted of violating the same provision of this title within two years of the currently charged violation; or

4.

The provision violated specifies that such violation shall be a misdemeanor.

C.

Violations. Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this title shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. Any use not specifically permitted under the provisions governing the zone in which such use is located shall be considered a violation of this title.

D.

Recordation of violation. The community development director or his or her authorized representative may issue a twenty-day notice of intent to record the violation. The notice of intent is appealable pursuant to Section 21.62.020(B) of this title. Absent an appeal and after twenty days from issuance of the notice of intent, the violation may be recorded with the county recorder by parcel number.

E.

Unlawful use or structure. Any use or structure that is altered, enlarged, erected, established, maintained, moved, operated, or allowed to exist or continue in a manner contrary to the provisions of this Zoning Code, or any applicable condition of approval, is declared to be unlawful, and shall be subject to the

remedies and penalties identified in this chapter, and the revocation procedures initiated in compliance with Chapter 21.68, (Revocations and Modifications).

(Ord. 2070 § 1 (Exh. A)(part), 2006).

All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Allow access to property. Every applicant seeking an application, approval, permit, or any other action in compliance with this Zoning Code shall allow appropriate city officials access to any premises or property that is the subject of the application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and any conditions of approval.

B.

Failure to allow inspections. Failure to allow inspection of an approved use shall be grounds for revocation of any city issued permit and/or business license.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

A.

Purpose. Code enforcement fees are intended to compensate for administrative costs for repeated city inspections, and not as a penalty for violating this Zoning Code or the Municipal Code.

B.

Initial inspections. Code enforcement fees shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

C.

Zoning entitlement required. If a zoning entitlement is required to correct a violation (e.g., to legalize the establishment of a land use; or to alter, construct, enlarge, erect, maintain, or move a structure), the applicant shall pay the additional permit processing fee established by the city's schedule of fees and charges to process the application.

D.

Reinspection fee. A reinspection fee shall be imposed on each property owner who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted building code, or state law. The code enforcement reinspection fee amount shall be established by the city's schedule of fees and charges. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled or conducted and the violations have not been fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance.

E.

Continuing violation. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than one hundred eighty days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

Chapter 21.71 - ADMINISTRATIVE DECISION PROCESS

The purpose of this chapter is to provide procedures for processing and reviewing discretionary permits through a staff level administrative decision process. By following these procedures, it is intended that interested individuals and groups will be aware of the proposals under consideration by the Community Development Director and may offer their input into the decision-making process.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.71.020 - Approval authority and process.

A.

Approval authority. The Community Development Director is the approval authority for the following discretionary permits processed through the administrative decision process:

1.

Administrative Conditional Use Permits;

2.

Administrative Housing Development Project Permit;

3.

Administrative Site and Architectural Review Permits;

Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority);

5.

Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative authority);

6.

Fence Exceptions;

7.

Temporary Use permits; and

8.

Tree Removal Permits;

B.

Notice. Excepting applications for a Tree Removal Permit filed in compliance with Chapter 21.32, (Tree Protection Regulations), the Community Development Director shall mail a notice to owners of record within a three hundred-foot radius of the subject property indicating that an application has been filed with the Community Development Department. The notice shall be mailed a minimum of ten calendar days before a decision is rendered. The notice shall provide a brief description of the project, the project location, and the starting and ending dates for the ten calendar day comment period during which the city will receive comments on the project. The notice shall also require that any comments submitted from any interested individuals or groups shall be submitted to the planning division in writing prior to the end of the given comment period.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2169, § 4(Exh. C), 6-42013; Ord. No. 2213, § 14, 11-1-2016; Ord. No. 2270, § 18, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-22023)

An application may be approved only if all the applicable findings located in each respective chapter relating to each type of application are made by the Community Development Director.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director may take the following actions in approving an application:

A.

May impose conditions of approval. The Community Development Director may impose conditions of approval, as deemed reasonable and necessary under the circumstances, to carry out the intent of this

chapter and the general plan.

B.

May impose time limits. The Community Development Director may impose time limits within which the conditions of approval shall be fulfilled and the proposed development started or completed.

C.

Valid in ten calendar days. The decision shall become valid ten calendar days following the date of approval in compliance with Chapter 21.56, (Permit Implementation, Time Limits, and Extensions) unless appealed, in compliance with Chapter 21.62, (Appeals).

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Written notification to applicant. Written notification of the decision of the Community Development Director shall be provided to the applicant following a decision.

B.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the Community Development Director.

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation, Time Limits, and Extensions) shall apply following the decision.

(Ord. 2070 § 1 (Exh. A)(part), 2006).

ARTICLE 6. - DEFINITIONS Chapter 21.72 - DEFINITIONS

This chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code, except those specified by a master use permit authorized by section 21.14.030.C (Master use permit). If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.

(Ord. 2043 § 1 (part), 2004).

(Ord. No. 2213, § 25, 11-1-2016)

The following "land use" definitions are in alphabetical order.

A.

DEFINITIONS, "A."

"Accessory structure" means a structure that is physically detached from any other structure and subordinate to, a main building occurring on the same lot and which satisfies the provisions of Section 21.36.020 (Accessory structures). Examples of such structures include sheds, garages, gazebos, arbors, trellises, and pergolas. No structure designed, intended, or used for dwelling purposes, containing a sleeping quarters, or a kitchen, shall be considered an accessory structure. Fences, retaining walls, and garages and carports attached to a dwelling unit, are excluded from this definition.

"Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

"Adult day care facilities" means facilities of any capacity that provide programs for frail elderly and developmentally disabled and/or mentally disabled adults in a day care setting. The establishments shall be licensed by the State of California Department of Social Services.

"Adult day care facilities" means facilities of any capacity that provide programs for frail elderly and developmentally disabled and/or mentally disabled adults in a day care setting. The establishments shall be licensed by the State of California Department of Social Services.

"Alcohol sales, ancillary onsite" or "Ancillary onsite alcohol sales" means a retail activity that involves the selling of alcoholic beverages for consumption on the premises meeting the requirements of one of the facility types identified by Section 21.36.145.B. (Facility types). Retail activities meeting this definition are excluded from the definition of "Alcohol sales, onsite."

"Alcohol sales, offsite" or "Offsite alcohol sales" means a retail activity that involves the selling of alcoholic beverages for consumption off the premises. Retail activities that involve offsite alcohol sales shall comply with the provisions of Section 21.36.142 (Offsite alcohol sales) and may include, but are not limited to, the following land use types:

1.

Breweries;

2.

Convenience markets/stores;

3.

Distilleries;

Grocery stores;

5.

Liquor stores; and

6.

Wineries.

"Alcohol sales, onsite" or "Onsite alcohol sales" means a retail activity that involves the selling of alcoholic beverages for consumption on the premises. Retail activities that involve onsite alcohol consumption shall comply with the provisions of Section 21.36.144 (Onsite alcohol sales) and may include, but are not limited to, the following land use types:

1.

Arcades;

Banquet facilities;

Bars;

Breweries;

5.

Community/cultural/recreational center;

6.

Distilleries;

7.

Golf courses and golf driving ranges;

8.

Indoor amusement/entertainment/recreation centers;

9.

Hotels;

Motels;

Nightclubs;

Outdoor amusement/entertainment/recreation centers;

Public assembly uses;

Restaurants, full service;

Theaters, movie or performing arts; and

Wineries.

Retail activity meeting the definition of "Alcohol sales, ancillary onsite" are excluded from this definition.

"Alley" means a passageway that affords a secondary means of access to abutting property and not intended for general traffic circulation.

"Alteration, structural" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

"Alternative fuels and recharging facilities" means a commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles.

"Ambulance service" means a commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies.

"Amusement device" means a piece of equipment or a mechanism designed for the purpose of entertaining or creating a game for a person or persons to play. Examples of amusement devices include, but are not limited to, arcade video games, electro-mechanical games, air hockey tables, photo booths, and pinball machines. Merchandiser games (i.e., claw machines) and similar devices where an award is given in exchange for money are not included in this definition.

"Ancillary onsite alcohol sales." See "Alcohol sales, ancillary onsite."

"Ancillary retail uses serving industrial uses" means the retail sales of various products within an industrial area for the purpose of serving the employees and businesses and/or ancillary retail operations associated with an industrial use which occupy no more than twenty-five percent of the uses existing floor area.

"Apartment" means a single structure or complex of multiple structures incorporating five or more living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming and Boarding Houses," "Townhouse," "Condominiums," "Duplex," "Triplex," or "Fourplex."

"Arcades" means establishments providing three or more amusement devices within an indoor amusement and entertainment facility. Two or less amusement devices are not considered a land use separate from the primary use of the site.

"Artisan products, small-scale assembly" means commercial establishments manufacturing and/or assembling small products primarily by hand, including jewelry, ceramics, quilts, and other small glass and metal arts and crafts products.

Assembly Use. (See "Public assembly use").

"Assisted living facilities" means a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. The facilities shall be licensed by the State of California Department of Social Services.

and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. The facilities shall be licensed by the State of California Department of Social Services.

"Automated teller machines (ATM's)" means a pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with this Zoning Code.

B.

DEFINITIONS, "B."

"Banks and financial services" means financial institutions including:

Banks and trust companies;

2.

Credit agencies;

3.

Holding (but not primarily operating) companies;

Lending and thrift institutions;

5.

Other investment companies;

6.

Securities/commodity contract brokers and dealers;

7.

Security and commodity exchanges;

8.

Vehicle finance (equity) leasing agencies.

But "Banks and financial services" does not include "Check cashing or Payday lending.

"Banquet facilities" means a facility or hall available for lease by private parties and engaged in providing single event-based food services (e.g., graduation parties, wedding receptions, business or retirement luncheons, trade shows, etc.) The facility may have equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Does not include restaurants ("Restaurants").

"Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to two feet. If the finished floor directly above the space is more than two feet above grade at any point, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. As used in this definition, the term "grade" shall mean finished grade adjacent to the exterior walls of the structure. Light wells and exterior stairwells for basements shall meet any required setbacks.

==> picture [444 x 213] intentionally omitted <==

Figure 6-1 Basement

When the vertical distance ("A") is less than or equal to two feet from grade to the finished floor directly above, then the space described by "A" and "B" combined is considered a basement.

"Bay window" means a window or series of windows jutting out from the wall of a building and forming an alcove that does not contain a walkable surface or living area constituting part of a floor.

"Bed and breakfast inn" means a residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided. A bed and breakfast room with more than five guest rooms is considered a hotel or motel. Does not included room rental in a "Boarding house" situation ("rooming and Boarding houses").

"Bedroom" means any habitable area, within a dwelling, with an area not less than seventy square feet, designed as and meeting the standards of a sleeping area as described by California Building Code section 1208.3.

"Beer and wine festivals/walks" means a fair, exhibition, ceremony, art show, program, celebration, or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. Beer and wine festivals shall comply with the provisions of Chapter 21.45 (Temporary Uses).

"Bingo" means a game of chance in which prizes are awarded on the basis of designated letters, numbers, or symbols on a card which conform to letters, numbers, or symbols selected at random. Bingo activities are subject to the requirements of Section 21.36.035 (Bingo.)

"Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings, architectural plans, maps, or other images by blueprinting, photocopying, or other methods of duplication. This use is included in the definition of "Printing and publishing."

"Bookstore" means a retail establishment primarily engaged in the sale, rental, or other charge-for-use of books, magazines, newspapers, and other printed conveyed information or media, excluding sexually oriented bookstores as defined in Campbell Municipal Code Section 5.55.020 (Definitions).

"Building" means any structure having a roof supported by columns or walls and intended for any shelter, housing or enclosure of any individual, animal, process, equipment, goods, use, occupancy, or materials. When any portion of a structure is completely separated from every other portion of the structure by a masonry division or firewall without any window, door or other opening and the masonry division or firewall extends from the ground to the upper surface of the roof at every point, such portion shall be deemed to be a separate building.

"Building Height" means the vertical distance from the lowest finished grade adjacent to the building to the building's highest roof surface.

"Building wall height" means the vertical distance (to be used for the purpose of determining setbacks) from the finished grade adjacent to the building to the highest point of the roof surface for a flat roof, top of the deck line for a mansard roof, top of the plate height for a hipped roof, and the mean height level between the eave and the ridge for a gabled or gambrel roof.

Hipped Roof

==> picture [252 x 151] intentionally omitted <==

Gabled Roof

==> picture [252 x 155] intentionally omitted <==

Flat Roof

==> picture [204 x 128] intentionally omitted <==

Mansard Roof

==> picture [228 x 125] intentionally omitted <==

Figure 6-2 Building Wall Height

"Business support services" means establishments primarily within structures, providing other businesses with services including maintenance, repair, and service, testing, rental, etc., also includes:

1.

Business equipment repair services (except vehicle repair);

2.

Commercial art and design (production);

3.

Computer-related services (rental, repair);

4.

Copying and quick printing services;

5.

Equipment rental businesses within structures;

6.

Film processing laboratories;

7.

Heavy equipment repair services where repair occurs on the client site;

8.

Janitorial services;

9.

Mail advertising services (reproduction and shipping);

10.

Other "heavy service" business services;

11.

Outdoor advertising services;

12.

Photo developing/finishing/printing;

Protective services (other than office related);

Rental, repairs and distribution of office or business equipment;

Soils and materials testing laboratories;

Window cleaning.

C.

DEFINITIONS, "C."

Cafe. See "restaurants."

"Caretaker/employee housing" means a structure constructed to residential occupancy standards in compliance with the Uniform Building Code that is accessory to a nonresidential primary use and required for security, or 24-hour care or supervision. Caretaker/employee housing shall comply with the provisions of Section 21.36.040.

"Carport" means an accessory structure or portion of a main structure designed for the shelter or storage of automobiles and having a permanent roof and open on at least two sides.

"Cat Boarding facilities" means the keeping of cats for overnight or extended periods of time for commercial purposes.

"Cat and dog day care facilities" means facilities that provide nonmedical care and supervision of cats and/or dogs for periods of less than twenty-four consecutive hours per day. Does not include overnight stays ("Cat Boarding facilities" or "Dog Boarding facilities").

"Cat and dog grooming facilities" means facilities where cats and dogs are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Includes selfservice cat- and dog-washing facilities where the customers provide the labor.

"Catering businesses" means a use, independent of a restaurant, which involves the preparation and delivery of food and beverages for off-site consumption.

"Catering businesses," only when ancillary to a restaurant, means an ancillary use to a restaurant, which involves the preparation and delivery of food and beverages for off-site consumption. No additional vehicles or equipment (e.g. outside barbeques) are permitted to be stored on-site.

"Cemeteries" means establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Also includes animal cemeteries, cinerarium, columbarium, and mausoleum operations.

"Check cashing" means a business that serves only to exchange cash or money orders for checks from a third party.

"Chemical products manufacturing" means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals including acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including dry colors, pigments, plastic materials, and synthetic fibers; and (3) finished chemical products to be used for ultimate consumption including cosmetics, drugs, and soaps; or to be used as materials or supplies in other industries, including explosives, fertilizers, and paints.

"Child day care facilities" means facilities that provide non-medical care and supervision of minor children for periods of less than twenty-four consecutive hours per day. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1.

"Family child day care homes, large" means a day care facility located in a residence where an occupant of the residence provides care and supervision for seven to twelve children. A large family day care home may provide care for two additional children (up to a maximum of fourteen children) in compliance with Section 1597.46 of the Health and Safety Code. Children under the age of ten years who reside in the home count as children served by the day care facility. Large family child day care homes shall comply with the provisions of Section 21.36.060 (Child Care Facilities).

2.

"Family child day care homes, small" means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for six or fewer children. A small family day care home may provide care for two additional children (up to a maximum of eight children) in compliance with Section 1597.44 of the Health and Safety Code. Children under the age of ten years who reside in the home count as children served by the day care facility. Small family child day care homes shall comply with the provisions of Section 21.36.060 (Child Care Facilities).

3.

"Commercial child day care centers" means a commercial or non-profit child day care facility not operated as a small or large child day care home. Includes infant centers, preschools, sick child centers, and schoolage day care facilities. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use. Commercial child day care centers shall comply with the provisions of Section 21.36.080.

"Clothing products manufacturing" means manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including furs, leather, plastics, and rubberized fabrics. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Retail stores, general merchandise") are instead included under "Personal services, general."

cturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including furs, leather, plastics, and rubberized fabrics. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Retail stores, general merchandise") are instead included under "Personal services, general."

"Collection container" means a drop-off box, container, receptacle, trailer or similar facility that accepts textiles, shoes, books and/or other salvageable items of personal property.

"Collection container, small" means a collection container that occupies no more than eighty-four cubic feet.

"Collection container, large" means a collection container that occupies more than eighty-four cubic feet.

"Columbarium, Crematorium, Mausoleum"

"Columbarium" means a structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.

"Mausoleum" means a structure containing aboveground tombs.

"Commercial child day care center." See "Child care facilities."

"Commercial schools" means an establishment providing specialized trade or vocational classes as a part of a certificate or degree granting program, including but not limited to various construction trades, the practice of law, auto mechanics, and real estate licensure.

"Community/cultural/recreational centers" means multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor barbecue facilities, that are available for use by various groups for activities including dances, meetings, parties, receptions, exhibits, etc.

"Community apartment project" means an undivided interest in land coupled with the right to exclusive occupancy of the apartment located on the land.

"Community housing project" means and includes any of the following: a condominium development, a community apartment project, a membership association, or a stock cooperative.

"Common lot" means a parcel of land that is owned and maintained by a homeowners association or other entity responsible for managing and maintaining the shared improvements and facilities within a subdivision. Common lots are governed by a set of rules and regulations, known as the Covenants, Conditions, and Restrictions (CC&Rs), which outline the rights and responsibilities of the homeowners association and individual property owners.

"Condominiums" means a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

"Conservation or natural resource land" means land that possesses or encompasses conservation or natural resources.

"Conservation of natural resource" means and includes, but is not necessarily limited to ground water, natural vegetation, recharge, soils, special land forms, streams, watersheds, and wildlife habitat as defined

below.

"Construction equipment rentals" means retail establishments renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

"Contractor's equipment yards" means storage yard operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for uses including offices and repair facilities.

"Convalescent/rest homes," also known as nursing homes, means these are facilities licensed by the California State Department of Health Services. These facilities house one or more individuals in a single room with bathroom facilities and provide intensive medical and nursing care, including twenty-four hour availability of licensed nursing personnel. Residents are often convalescing from serious illness or surgery and require continuous observation and medical supervision, or will reside in the facility as a long-term resident. Does not include residential care facilities ("Residential Care Facilities") or assisted living facilities ("Assisted Living Facilities").

"Convenience markets/stores" means an establishment that includes the retail sale of shelf stable food,

beverages, and small personal convenience items. A minor portion of the food sold onsite may be perishable (e.g., coffee, hotdogs, slushies, snacks) when prepared for immediate consumption (i.e., the sale of raw meat is prohibited). These stores are included in the definition of "Retail stores, general merchandise" and excluded from the definition of "Grocery stores."

"Conversion" means a proposed change in the ownership of a parcel of land, together with the existing attached structures, to a community housing project, regardless of the present or prior use of the land and structures and or whether substantial improvements have been made to the structures.

"Conversion, commercial converted from residence" means a structure or use originally designed, constructed, or intended for residential use that is converted to a commercial use.

"Conversion, industrial converted from residence" means a structure or use originally designed, constructed, or intended for residential use that is converted to an industrial use.

"Covered area" means the total horizontal area within a lot that is covered or partially covered by structures, buildings, beams, slats, or projections when viewed from above. Covered area does not include cornices, eaves, sills, canopies, bay windows, and chimneys cumulatively measuring less than thirty-inches in depth as measured to the outside surface of exterior walls, or any basements, ground level paving, pools, spas and decks, landscape features, or light wells.

"Crematorium" means a location containing properly installed, certified apparatus intended for use in the act of cremation.

D.

DEFINITIONS, "D."

"Dancing and/or live entertainment establishment" means a commercial facility that offers a venue intended to allow patrons to dance and/or listen to live entertainment, as defined by Section 5.24.010(b). Does not include non-commercial expressive activity protected by the United States or California constitutions or the listening of recorded music without a dancing venue.

"Density bonuses" means a density bonus, as defined by California Government Code Section 65915 et seq., is an increased residential density over the maximum density allowed under the General Plan land use diagram which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of units to lower income households (e.g., very-low, low-, and/or moderate) or restricted housing types (e.g., senior housing) as set forth by the statute.

"Department store" means a retail store offering a full line of general merchandise items.

"Detached" means any structure that does not have a wall and roof in common with another structure.

"Dog Boarding facilities" means the keeping of dogs for overnight or extended periods of time for commercial purposes. May include ancillary dog grooming for customers.

"Drive-in theater" means a theater providing a large outdoor movie screen where patrons view the movie from the comfort of their private motor vehicles.

"Drive-in/drive-in service" means the act of serving food and beverages by a restaurant to occupants in motor vehicles for on-site consumption.

"Drive-through/drive-up service/drive-up window" means the rendering of services or the selling of food and beverages or other products for consumption or use off-site, to occupants in motor vehicles. Businesses with this type of activity include but are not limited to restaurants, cafes, pharmacies/drug stores, and banks.

"Driveway" means a paved access way leading from a public right-of-way, or from the edge of an easement or property line forming a private street, to a parking lot, drive aisle, parking circulation area, garage, offstreet parking space, or loading space.

"Dry cleaning" means an establishment maintained for the pickup and delivery of dry cleaning and/or laundry.

"Duplex" means a residential structure containing two dwelling units designed exclusively for occupancy by two families living independently of each other.

"Dwelling unit" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. A dwelling unit may not have more than one kitchen.

E.

DEFINITIONS, "E."

"Electrical transmission line, major" means a public utility transmission line utilized for the transmission of electrical energy for sale to multiple customers (e.g., residential, commercial, industrial, government, etc.) that cannot be installed underground due to technical constraints, safety constraints, or industry standards.

"Electronics and equipment manufacturing" means establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and use of electrical energy, including:

1.

Appliances (e.g., stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines);

2.

Aviation instruments;

3.

Electrical transmission and distribution equipment;

4.

Electronic components and accessories, and semiconductors, integrated circuits, related devices;

5.

Electronic instruments, components and equipment (e.g., calculators and computers);

Electrical welding apparatus;

7.

Lighting and wiring equipment (e.g., lamps and fixtures, wiring devices, vehicle lighting);

8.

Industrial apparatus;

9.

Industrial controls;

10.

Instruments for measurement, testing, analysis and control, associated sensors and accessories;

11.

Miscellaneous electrical machinery, equipment and supplies (e.g., batteries, x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines);

Motors and generators;

13.

Optical instruments and lenses;

Photographic equipment and supplies;

Pre-recorded magnetic tape;

Radio and television receiving equipment (e.g., television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies);

Surveying and drafting instruments;

Telephone and telegraph apparatus;

Transformers, switch gear and switchboards;

Watches and clocks.

Does not include testing laboratories (soils, materials testing, etc.)

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Entry feature" means a structural element, which leads to an entry door.

"Equipment rental establishments" means service establishments which offer a wide variety of materials and equipment for rent, including business equipment (e.g., computers, copiers, desks, projectors, etc.)

and equipment and supplies for parties and other social events (e.g., chairs, fountains, glassware, linens, tables, etc.), all available within an enclosed structure.

F.

DEFINITIONS, "F."

"Family" means an individual or group of persons living together who constitute a bonafide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club or other group of persons occupying a hotel, lodging house, or institution of any kind.

"Family child care homes, small and large." See "Child day care facilities."

"Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas that does not contain any horizontal feature.

"Floor area, gross" means the total horizontal floor area in square feet of all stories of all buildings measured to the outside surface of exterior walls. Stairways and elevator shafts shall be included on all floors.

"Floor area ratio" means the ratio of gross floor area to the net lot area. Floor area ratio shall include the floor area of all stories of all buildings and accessory structures and shall be measured to the outside surface of exterior walls. Floor area ratio does not include uninhabitable attic space, basements, belowgrade parking, nonresidential or multi-family building area devoted to structured or covered parking (i.e., parking garage, or ancillary utility rooms or elevators serving the parking garage), trash enclosures, unenclosed accessory structures (e.g., trellis), bay windows and covered porches.

==> picture [420 x 456] intentionally omitted <==

Figure 6-3 Floor Area Ratio

"Food and beverage product manufacturing" means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

Alcoholic beverages;

Bakeries;

Bottling plants;

Breweries;

5.

Candy, sugar and confectionery products manufacturing;

6.

Catering services separate from stores or restaurants;

7.

Coffee roasting;

Dairy products manufacturing;

9.

Fats and oil product manufacturing;

Fruit and vegetable canning, preserving, related processing;

Grain mill products and by-products;

12.

Meat, poultry, and seafood canning, curing, byproduct processing;

Miscellaneous food item preparation from raw products;

14.

Soft drink production.

Also may include tasting and accessory retail sales of beverages produced on site.

"Fourplex" means a single structure for four living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include "rooming and Boarding houses."

"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, and/or dead-end street, or city boundary,

measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

"Furniture/cabinet shops" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, lockers, shelving and store furniture; and miscellaneous drapery hardware, window blinds and shades. Also includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "lumber and wood products."

et shops" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, lockers, shelving and store furniture; and miscellaneous drapery hardware, window blinds and shades. Also includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "lumber and wood products."

"Furniture, furnishings, and equipment stores" means retail stores primarily selling: home furnishings including draperies, floor coverings, furniture, glass and chinaware, refrigerators, stoves, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, spas, and hot tubs. Also includes the retail sale of office furniture and pianos.

G.

DEFINITIONS, "G."

"Garage, private" means an accessory building or portion of the main building designed for the shelter or storage of automobiles having a permanent roof and enclosed on all sides.

"Garage, public" means a building other than a private garage used for the shelter or storage of automobiles.

"Garage/yard sale, private" means a sale held for the purpose of selling, trading, or otherwise disposing of household furnishings, personal goods, or tangible property of a resident of the premises on which the sale is conducted on a residential property. The annual frequency and maximum number of days for garage sales are regulated by Section 21.36.090 (Garage and Private Yard Sales).

"Garden centers/plant nurseries" means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of houseplants or other nursery products entirely within a building is also included under "retail stores, general merchandise." Home greenhouses are included under "Accessory Uses and Structures."

"Gasoline stations" means a retail business selling gasoline or other motor vehicle fuels, which may also provide very limited motor vehicle repair and maintenance that are incidental to fuel services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles.

"Glass products manufacturing" means manufacturing establishments producing flat glass and other glass products which are blown, pressed, or shaped from glass produced in the same establishment. Also includes large-scale artisan and craftsman type operations producing primarily for the wholesale market.

"Golf courses" means public and private golf courses, with or without country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving

ranges (driving ranges separate from golf courses are instead classified under "golf driving ranges"); "proshops" for on-site sales of golfing equipment; and golf cart storage and sales facilities. Does not include miniature golf courses ("miniature golf course").

"Golf driving ranges" means public and private facilities providing an opportunity for driving golf balls and practicing one's golf swing. May be a separate stand-alone facility or in conjunction with a golf course.

"Government offices and facilities" means facilities owned or operated by a governmental entity (e.g., city, county, State, or Federal government).

"Grade, finished" means the final elevation of the ground surface after completion of construction on the site.

"Grade, natural" means the elevation of the ground surface in its natural state, prior to any disturbance related to construction on the site.

"Grocery stores" means an establishment which sells perishable food items (e.g., meat, eggs, dairy products, fruits, vegetables, etc.). Grocery stores may also sell household staples and supplies (e.g., soap, matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery services). Grocery stores include delicatessens and meat markets, but do not include uses meeting the definition of "Convenience markets/stores."

"Gross floor area." See "Floor area, gross."

"Gross lot area." See "Lot area, gross."

"Groundwater recharge facilities" means a public facility or place that is part of or supports the local, regional, or State water distribution, supply, or treatment system and where water is allowed to collect in order to recharge the underground water supply.

H.

DEFINITIONS, "H."

"Half story." See "story, half."

"Handicraft industries, small scale assembly" means manufacturing establishments not classified in another major manufacturing group, including: jewelry, musical instruments, pens, pencils, sporting and athletic goods, toys, and other artists' and office materials; brooms and brushes, buttons, costume novelties, and other miscellaneous small-scale manufacturing industries.

"Hardware store" means a facility of ten thousand or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery; if a facility is greater than ten thousand square feet, it is a building materials supply store/yard ("building materials stores/yards").

"Hazardous material" means a material that can be harmful to human health and to the environment if handled improperly. A material can be considered hazardous if it exhibits one of the following

characteristics:

1.

"Ignitability" means a material that is determined to be flammable under certain conditions.

2.

"Corrosivity" means a material that corrodes metals or has a very high or low pH.

3.

"Reactivity" means a material that readily explodes or undergoes violent reactions.

4.

"Toxicity" means a material that is known to be harmful or fatal when ingested and is known to leach into ground water at certain levels. For example, materials with high levels of arsenic, lead, or mercury.

"Health/fitness centers" means membership based fitness facilities, gymnasiums, athletic clubs, and similar establishments requiring membership for access.

"Historic structure" means a structure listed on the city's historic resources inventory.

"Hobby car restoration" means an activity in which resident owners engage in the restoration or modification of a motor vehicle and in compliance with the provisions of Section 21.36.100 (Hobby Car Restoration).

"Hollywood drive" means a type of driveway that consists of two strips of concrete or similar material leading from the street to an accessory garage or carport. The strips of concrete may be separated by turf or other similar vegetation that can be maintained at a very low height or by mulch, gravel, or similar decorative landscaping material. The strips are spaced approximately the width of a passenger vehicle's tires.

==> picture [150 x 180] intentionally omitted <==

==> picture [150 x 189] intentionally omitted <==

Figure 6-4 Hollywood Drive

"Home occupations" means an accessory business conducted in a residential dwelling unit, only by residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Chapter 21.44 (Home Occupation Permits).

"Hospitals" means an institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

"Hotels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual guest rooms are generally from an interior hallway. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).

guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual guest rooms are generally from an interior hallway. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).

"Housing development project" means any project meeting the criteria of Section 65589.5 of the California Government Code, applying under the provisions of the Housing Accountability Act (HAA) or similar law intended to limit the discretionary review authority of the local jurisdiction, with the added clarification that for the purposes of determining whether at least two-thirds of the square footage of a mixed-use development containing residential and non-residential uses is designated for residential use, the gross floor area of any shared areas (e.g., mail rooms, trash rooms, lobbies, elevators) shall be calculated and assigned proportionally to the uses which share the area based on the gross floor area of their non-shared areas. Example: A lobby with one hundred square feet of gross floor area which is shared by residential and nonresidential uses which non-shared areas respectively represent fifty percent of the gross floor area of the project, excepting shared areas, shall be proportionally assigned fifty square feet of area of the shared lobby to each use (i.e., fifty square assigned to the residential component, fifty square feet to the nonresidential component). For the purposes of this code, the definition of a housing development project shall also mean to include projects meeting the above requirements and involving an activity meeting the criteria of a development as provided by Section 65927 of the California Government Code.

I.

DEFINITIONS, "I."

"Indoor amusement/entertainment/recreation centers" means indoor establishments providing amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than being subordinate to a bar or restaurant; ice skating, and roller skating; skateboard ramps, and trampoline centers. Does not include "sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions).

J.

DEFINITIONS, "J."

"Junkyard" means the use of more than one hundred square feet of the area of a lot for the storage of junk, including scrap materials and metals, or wrecked or inoperable vehicles and machinery, whether or not sale of junk is made or proposed.

K.

DEFINITIONS, "K."

"Kitchen facilities" and "kitchen" means a room or area designed for the cooking, preparation, and storage of food. When found in a dwelling unit, a kitchen shall include a free-standing cooking range or built-in cooktop, oven, ventilation, sink, refrigerator, food preparation countertop, and food storage cabinetry.

L.

DEFINITIONS, "L."

"Laboratories" means an establishment providing medical or dental laboratory services; or an establishment providing photographic, analytical, or testing services.

"Landscaping" means the replacement of developed or excavated areas of a parcel of land with landscape.

"Landscape" and "landscaping" means the area(s) of a parcel of land containing living vegetation, consisting of turf, ground cover, shrubs, trees, and combinations thereof meeting the requirements of Chapter 21.26 (Landscaping).

"Land use designation, underlying" or "Underlying land use designation" means the land use designation of a parcel or property as indicated on the City of Campbell General Plan Land Use Map.

"Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties.

"Laundries/dry cleaning plants" means service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial), carpet/rug and upholstery

cleaners, diaper service, garment pressing and dry cleaning, industrial laundries, and linen supply. Does not include "laundromat, self-service" or "dry cleaning."

"Laundromat, self-service" means an establishment that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises.

"Library" means a public facility for the use, but not sale, or literary, musical, artistic, or reference materials.

"Light rail lines" means permanent light rail tracks that service the Valley Transportation Authority (VTA) light rail system and links Campbell to several other cities in the south bay, including Santa Clara, San Jose and Mountain View.

"Light rail passenger terminals" means passenger terminals that provide rider access to the valley transportation authority (VTA) light rail system and links Campbell to several other cities in the south bay, including Santa Clara, San Jose and Mountain View.

"Limited equity housing cooperative" means as defined in California Health and Safety Code Section 33007.5).

"Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages, including beer and wine, for consumption off the premises.

"Live/work units" means a structure that is intended to function predominantly as workspace with incidental residential accommodations that meet "basic habitability requirements" means live/work units are intended to be occupied by business operators who live in the same structure that contains the business activity. Live/work units shall comply with the provisions of Section 21.36.120.

"Living Unit" means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitutes an independent living unit.

"Loading area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.

"Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

"Lodging houses" means a structure or a portion of a structure, other than a hotel or motel, where lodging for five or more persons is provided for compensation. Also includes rooming houses ("rooming and Boarding houses").

"Lot" means any land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings together with such yards and/or open spaces and lot area as are required by this Zoning Code, and having its principal frontage upon a street, or a place approved by the decision-making body. The terms lot, plot, and parcel are interchangeable for the purposes of this code.

"Lot, corner" means a lot located at the intersection of two or more streets, where the streets intersect at an interior angle of not more than one hundred seventy-five degrees.

"Lot, cul-de-sac" means a lot at the end of a dead end street.

"Lot, flag" means a lot having access from the building site to a public street by means of a narrow private strip of land that is owned in fee.

"Lot, interior" means a lot other than a corner lot.

"Lot, line(s)" means the line(s) bounding a lot as defined herein, with the following specific classifications and criteria for determining setbacks:

1.

The front lot line means any lot line or combination of lot lines abutting the same side of a street except as follows:

a.

Corner lots. Corner lots shall have one front lot line and one or more street lot lines. The front lot line of a corner lot shall mean the line or combination of lines on the same side of the property abutting the public right of way with the shortest cumulative length and having a combined interior angle of not more than one hundred thirty-five degrees.

b.

Rear lots. The front lot line of a rear lot (i.e., flag lot) shall mean the line or combination of lines on the same side of a property abutting the interior terminus of any access area with the shortest cumulative length and having a combined interior angle of not more than one hundred thirty-five degrees.

c.

Through lots. The front lot line of a through lot shall mean:

i.

For low-density residential, low-medium density residential, medium density residential, and medium-high density residential land uses, the lot line, or combination of lot lines, abutting the same side of a street with the least intensive street classification (i.e., where abutting a residential collector instead of a Class I Arterial); and

ii.

For all other land uses other than low-density residential, low-medium density residential, medium density residential, and medium-high density residential land uses, the lot line, or combination of lot lines, abutting the same side of a street with the most intensive street classification (i.e., Class I Arterial instead of a residential collector) pursuant to the Roadway Network Classifications Diagram of the General Plan (Figure T-1.)

Exception: For any legal residential development or residential project with a planning or building permit application submitted prior to June 2, 2023, the front lot line shall mean the lot line, or combination of lot lines, abutting the same side of the street (or in the case of a flag lot, those lines on the same side of a

property abutting the interior terminus of any access area) that will result in the least number of nonconforming development standards for the property.

2.

The side lot line means any lot line or combination of lot lines that is not otherwise defined as a front, rear, or street side lot line.

3.

The street lot line means any line or combination of lines abutting the same side of a public street that is not determined to be a front lot line.

4.

The rear lot line is the line or combination of lines that are most distant and opposite the front lot line and yielding the greatest lot width. On a lot where the side lot lines converge to a point at the rear of the lot (i.e., triangle lot), a line ten feet long within the most parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the rear setback.

"Lot area, pre-dedication" means the total area within the lot lines of a lot, plus that area between the centerline of adjacent public right-of-way and the property lines.

"Lot, reverse corner" means a corner lot in which the rear property line abuts the side property line of an adjoining interior lot (as opposed to the rear property line of another corner lot).

"Lot, through" means a lot having frontage on two parallel or approximately parallel streets.

==> picture [348 x 219] intentionally omitted <==

Figure 6-5

Lot Types

"Lot area, net" means the total area within the lot lines of a legal parcel, after any public right-of-way dedication and not including land reserved as public right-of-way.

"Lot area, gross" means the total area within the lot lines of a legal parcel (or contiguous parcels) prior to public right-of-way dedication and not including land reserved as public right-of-way.

"Lot coverage" means the ratio of covered area to net lot area. See definition of "Covered area."

"Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. On a lot where the side lot lines converge to a point at the rear of the parcel (i.e., triangle lot), the rear lot line measurement shall be taken from the point of intersection of side lot lines most distant and opposite the front lot line.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. On a lot where the side lot lines converge to a point at the rear of the parcel (i.e., triangle lot), a line ten feet long within the parcel, most parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining lot width.

==> picture [348 x 258] intentionally omitted <==

Figure 6-7 Lot Lines and Lot Areas

"Lumber and wood products" means manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Also includes the following processes and products:

Containers, pallets and skids;

Milling operations;

Trusses and structural beams;

4.

Turning and shaping of wood products;

5.

Wholesaling of basic wood products;

6.

Wood product assembly.

"Craft-type shops" are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture/Cabinet Shops." The indoor retail sale of building materials, construction tools and equipment is included under "Building Material Stores/Yards."

M.

DEFINITIONS, "M."

"Machinery manufacturing" means the manufacturing of machinery and equipment for purposes and products including the following:

1.

Construction;

2.

Conveyors;

3.

Die casting;

4.

Dies;

5.

Dredging;

6.

Engines and turbines;

Farm and garden;

8.

Food products manufacturing;

9.

Gear cutting;

Heating, ventilation, air conditioning;

Industrial molds;

Laundry and dry cleaning; 13.

Materials handling;

Mining; 15.

Paper manufacturing;

Passenger and freight elevators;

Pistons;

Printing;

Pumps;

Refrigeration equipment;

Textile manufacturing.

"Main structure" means a structure that accommodates the primary use of the site.

Major Electrical Transmission Line. See "Electrical Transmission Line, Major."

"Manufactured housing" means a housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.).

"Marine sales" means retail establishments selling and/or renting new and/or used boats, and associated marine equipment (e.g., jet skis, trailers, etc.) Also includes parts sales or service facilities only when part of a dealership selling new marine equipment on the same site.

"Massage establishment" means an establishment having a fixed place of business where any person, firm, association, or corporation practices or otherwise permits massage for compensation. "Massage establishment" shall include any establishment providing off-premises massage services and establishments that offer services such as relaxation, hot tub, towel wraps, baths, health treatments, tanning, or any service where the essential nature of the interaction between the employee and the customer involves a massage.

"Massage therapy" means therapeutic (non-sexual) rubbing or kneading of parts of non-specified anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional.

"Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services. These include: medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); outpatient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.

"Medical services, extended care" means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; Board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "residential care homes."

"Medical services, laboratories" means facilities primarily engaged in furnishing medical and dental laboratory services.

"Medical stores" means a retail store specializing in the sale of medical equipment and devices that also includes related medical services in an ancillary capacity, such as an eyewear store with an on-site optometrist. This type of retail store is included in the definition of "Retail stores, general merchandise" and excluded from the definition of "Medical services, clinics."

Meeting halls. See "Public assembly uses."

"Membership organization facilities" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations, civic and social organizations, labor unions and similar organizations, political organizations, private clubs, professional membership organizations, private clubs, and other membership organizations.

"Metal products fabrication" means the assembly of metal parts, including blacksmith and welding shops, machine shops, sheet metal shops, and boiler shops, that produce metal duct work, cabinets and enclosures, metal doors and gates, tanks, towers, and similar products.

"Miniature golf course" means a theme-oriented recreational facility, typically comprised of nine or eighteen putting greens, each with a "cup" or "hole," where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last.

"Mixed-use developments" means a combination of uses in a single building or on a single lot that contain residential and commercial uses that are part of an integrated development project with a significant functional inter-relationship. Residential and commercial uses may be mixed horizontally or vertically provided they are on a single parcel. Mixed-use development shall comply with the provisions of Section 21.36.130.

"Mobile home parks" means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Monastery, Convent, Parsonage, or Nunnery.

"Monastery, convent, or nunnery" means the dwelling units of a religious order or congregation.

"Mortuaries or funeral parlors" means establishments where deceased are prepared for burial or cremation, and funeral services may be conducted. Includes crematoriums, funeral homes, and funeral parlors.

"Most Common Dictionary Definition" means a definition from the Merriam-Webster Dictionary online, or next most common dictionary definition when a term or phrase is not defined.

"Motels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual guest rooms are generally from an exterior walkway. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).

Motor Vehicle Related Land Uses.

1.

"Motor vehicle cleaning, washing, and detailing" means facilities specializing in the cleaning, washing, detailing and polishing of motor vehicles.

"Motor vehicle dismantling" means customarily outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including wreckers engaged in dismantling motor vehicles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling. Does not include: places where these activities are conducted entirely within structures; pawnshops and other secondhand stores; or the sale of operative used cars. Motor vehicle dismantling shall comply with the provisions of Section 21.36.240.

3.

"Motor vehicle leasing" means retail establishments leasing motor vehicles (e.g., automobiles, trucks and vans).

4.

"Motor vehicle oil change facilities" means these facilities are limited to performing only oil changes and very limited incidental maintenance and only on light duty motor vehicles (e.g., automobiles, light duty trucks and vans).

5.

"Motor vehicle painting" means motor vehicle repair facilities dealing with entire vehicles, but only within a completely enclosed and soundproofed structure. These establishments customarily provide towing, collision repair, other body work, and painting services.

6.

"Motor vehicle parking facilities" means and includes short-term commercial garages, parking lots, and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Code.)

7.

"Motor vehicle parts and supplies" means retail stores that sell new motor vehicle parts, tires, and accessories. May also include very limited vehicle maintenance and parts installation connected with the retail sales.

8.

"Motor vehicle renting" means retail establishments renting motor vehicles (e.g., automobiles, trucks, recreational vehicles and vans).

9.

"Motor vehicle repair and maintenance, minor and major" means major vehicle repair facilities deal with the entire vehicle; minor repair facilities generally specialize in limited aspects of repair (e.g., muffler and radiator shops, tire shops.) All repair activities (minor and major) are conducted within a completely enclosed and soundproofed structure. Does not include: motor vehicle dismantling yards which are

included under "motor vehicle dismantling." Motor vehicle repair facilities shall comply with the provisions of Section 21.36.140.

10.

"Motor vehicle repair and maintenance, minor only" means minor repair facilities generally specialize in limited aspects of repair (e.g., muffler and radiator shops, oil change shops, smog shops, tire shops, tune up shops, window tinting.) All repair activities are conducted within a completely enclosed and soundproofed structure. Does not include: motor vehicle dismantling yards which are included under "motor vehicle dismantling." Motor vehicle repair facilities shall comply with the provisions of Section 21.36.140.

11.

"Motor vehicle sales" means retail establishments selling new and/or used motor vehicles (e.g., automobiles, trucks, and vans). May also include service and repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership.

12.

Motor vehicle tune-up. See "motor vehicle repair and maintenance, minor only."

13.

Motor vehicle tune-up, limited to light duty only. See "motor vehicle repair and maintenance, minor only;" however, these shops are limited to performing only tune ups and only on light duty motor vehicles (e.g., automobiles, light duty trucks and vans).

14.

Motor vehicle window tinting. See "motor vehicle repair and maintenance, minor only."

"Multi-family dwelling" means an apartment, townhome, or condominium development.

"Museums, public" means public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, museums, and planetariums, which are generally non-commercial in nature.

"Music (recordings) store" means an establishment primarily engaged in retailing new prerecorded audio and video tapes, compact discs (CDs), digital video discs (DVDs), and phonograph records.

N.

DEFINITIONS, "N."

"Nature preserves" means areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education for present and future generations.

"Nightclubs" means commercial establishments, with or without food service, providing opportunities for dancing, music, and other related forms of entertainment, including cabarets. These establishments may be part of a restaurant, where the food service is subordinate to the dancing and entertainment.

"Nonconforming building" means a building or structure the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of this Zoning Code.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the use regulations for the zoning district in which it is located.

"Nonresidential" means a property, use, or building that is not used as a place of residence. Exception: Mixed-use development not meeting the definition of a "Housing development project" are included in this definition. The terms nonresidential and non-residential are interchangeable for the purposes of this code.

"Nontransient" with respect to occupancy of a residential or residentially zoned property means the occupancy of, or the legally binding commitment to occupy a unit by the same natural person for one year or longer.

"Nuisance per se" means an activity that in and of itself is inherently considered to be a nuisance. Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement, and illegal signs. See "Public Nuisance."

O.

DEFINITIONS, "O."

"Offices, professional" means professional or government offices including:

Administrative;

2.

Accounting, auditing and bookkeeping services;

3.

Advertising agencies;

4.

Architectural, engineering, planning, and surveying services;

5.

Attorneys;

Counseling services;

7.

Court reporting services;

8.

Data processing and computer services;

9.

Detective agencies and similar services;

10.

Educational, scientific and research organizations;

11.

Employment, stenographic, secretarial and word processing services;

12.

Insurance agencies;

13.

Government offices including agency and administrative office facilities;

14.

Management, public relations and consulting services philanthropic enterprises;

15.

Philanthropic enterprises;

16.

Photography and commercial art studios;

17.

Public utilities;

Real estate services;

Travel agencies;

20.

Writers and artists offices outside the home.

Does not include: medical offices, which are allowed under "medical services—clinics," financial institutions, or offices that are incidental and accessory to another business or sales activity that is the principal use" means Incidental offices that are customarily accessory to another use are allowed in any non-residential zoning district as part of an approved principal use.

"Offsite alcohol sales." See "Alcohol sales, offsite."

"Oil change facilities." See "Motor vehicle oil change facilities."

"Onsite alcohol sales." See "Alcohol sales, onsite."

"Open space" means that portion of a lot or property which is required to be open and unobstructed by structures, except as specifically provided by law, from the ground to the sky.

"Open space, required for multiple-family dwelling units" means a private or common space serving multiple-family dwelling units that is specifically designed for recreational use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways between structures.

"Open space, usable private" means the area shall exclude the required front setback between the structure and the street property line. The open space area may be occupied by recreation facilities (e.g., deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and not covered by a roof or canopy.

"Open space land" means any parcel or area of land essentially unimproved in its natural state; devoted to an open space use; and which is designated in the open space element in the General Plan for open space.

"Open space zoning district" means any area of land or water designated O-S (open space) and subject to all of the terms and regulations of this Zoning Code.

"Open space use" means the use of land for:

1.

Containment and structuring of urban development;

2.

Conservation or use of natural resources;

3.

Enjoyment of scenic beauty;

Production of food or fiber;

5.

Protection of man and his artifacts (property, structures, etc.); and

6.

Public recreation.

"Outdoor amusement/entertainment/recreation centers" means facilities for various outdoor participant sports, entertainment, and most types of recreational activities where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "golf courses"); skateboard ramps and parks and water slides; recreation equipment rental (for example, bicycles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, (e.g., bars and restaurants [both table service and counter service], and video game arcades.)

"Outdoor retail sales and activities" means permanent outdoor sales and rental establishments including auction yards, flea markets, flower stands, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of vehicles/equipment, and other uses where the business is not conducted entirely within an enclosed structure. Does not include the sale of automobiles and recreational vehicles ("motor vehicle sales").

"Outdoor seating" means an outdoor dining area provided by a restaurant for its customers that is furnished with tables, chairs, umbrellas, and other items necessary for the consumption of food and beverages served by the restaurant, either with or without waiter service. Outdoor seating shall comply with the provisions of Section 21.36.150.

"Outdoor storage" means the storage of various materials, including contractors' equipment, outside of a structure other than fencing, either as an accessory or principal use, suitably screened from public view, but not within fifty feet of a residentially zoned parcel. Outdoor storage shall comply with the provisions of Section 21.36.160.

"Owner's Association" means an organization established under State law operated in compliance with adopted covenants, codes, and restrictions (CCR's) or comparable instrument, which collectively represents individuals with fee interest in property within a subdivision, planned development, or condominium.

P.

DEFINITIONS, "P."

"Paper products manufacturing" means the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including boxes, envelopes, paper bags, wallpaper, etc.

"Parking lots/structures, public" means service establishments in the business of storing operative cars, buses, recreational vehicles, trucks, vans, and other motor vehicles for clients. Includes day use commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Code.) Also includes sites where vehicles are stored for rental or leasing.

"Parking space" means an area off the street or highway for the temporary storage of an automobile or other motor vehicle. A parking space shall not include space needed for driveway or loading area.

"Parks, public" means and includes public parks, play lots, playgrounds, and non-professional/ noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.

"Parsonage" means the official residence usually provided by a religious institution for its minister, parson, rabbi, etc.

"Payday lender" means a retail business owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time.

"Personal services" means establishments providing non-medical services as a primary use, including:

Barber and beauty shops;

2.

Clothing rental;

3.

Dry cleaning pick-up stores with limited equipment;

4.

Home electronics and small appliance repair;

5.

Laundromats (self-service laundries);

6.

Nail shops;

7.

Shoe repair shops;

Tailors;

9.

Palm and psychic readers.

The term "personal services" does not include massage establishments. The term "personal services" does not include body piercing, tattoo parlors, or any of the other uses listed under "Personal services, limited."

"Personal services, limited" means establishments providing nonmedical services of a very limited and restricted nature as a primary use, including body piercing, and tattoo parlors.

Pet Clinics. See "Veterinary clinics and animal hospitals."

"Pet store" means a retail sales establishment primarily engaged in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals.

"Pharmaceutical manufacturing" means establishments engaged in the production of drugs and related therapeutical products for distribution to clinics, hospitals, medical-related facilities, and pharmacies drug stores.

"Pharmacies/drug stores" means a retail store where a licensed pharmacist prepares prescription medicines for sale, which may also sell over-the-counter medicines, personal care products, and other miscellaneous products.

Pharmacies/Drug Stores, With Drive-Up Service. See (Pharmacies/drug stores;" however these facilities sell their products either through over-the-counter sales or drive-up window service.

"Philanthropic enterprise" means an organization or institution engaged in collecting donations of money, goods, or services in order to provide humanitarian or charitable assistance.

"Philanthropic collection trailer" means a portable trailer that is parked on private property for the purpose of collecting donations of household goods (e.g., clothing, books, toys, furniture, kitchen utensils, bedding, lamps, rugs, etc.) from area residents. An attendant from the sponsoring philanthropic enterprise is usually present at the trailer during prescribed hours to assist donors in placing their donations in the trailer, to dispense tax receipts, and to maintain the cleanliness of the area surrounding the trailer.

s of household goods (e.g., clothing, books, toys, furniture, kitchen utensils, bedding, lamps, rugs, etc.) from area residents. An attendant from the sponsoring philanthropic enterprise is usually present at the trailer during prescribed hours to assist donors in placing their donations in the trailer, to dispense tax receipts, and to maintain the cleanliness of the area surrounding the trailer.

"Photocopying" means an establishment (except private mail centers) engaged in providing a range of office support services (except printing services), such as document copying services, facsimile services, word processing services, on-site PC rental services, and office product sales.

"Photography studio/supply shop" means an establishment primarily engaged in providing still, video, or digital portrait photography services. Also an establishment primarily engaged in either retailing new cameras, photographic equipment, and photographic supplies or retailing new cameras and photographic equipment in combination with activities, such as repair services and film developing.

"Plastics and rubber products" means the manufacture of rubber products including: rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade, and

manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.

"Primary dwelling unit" means a building that is the principle use of the lot on which it is situated. This definition does not include accessory dwelling units or junior accessory dwelling units as provided for by Chapter 21.23 (Accessory Dwelling Unit), or caretaker or employee housing as provided by Section 21.36.040 (Caretaker or employee housing.).

"Printing and publishing" means establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices. Printing and publishing establishments also include "Blueprinting shops."

"Public assembly uses" means a facility or place where groups of people gather for civic, educational, political, religious, or social purposes. "Public assembly uses" include the following:

Auditoriums;

Conference centers;

Convention and exhibition halls;

Lecture halls;

Meeting halls;

6.

Religious institutions.

Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions). Public assembly uses shall comply with the provisions of Section 21.36.170.

"Public nuisance" means an act or omission that interferes with the interests of the community or interferes with the public health, safety, and welfare. A public nuisance affects an entire community or neighborhood,

or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. California Civil Code Section 3480.

"Public utility structures and service facilities" means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

1.

Corporation and maintenance yards;

2.

Electrical substations and switching stations;

3.

Natural gas regulating and distribution facilities;

4.

Public water system wells, treatment plants and storage;

5.

Service uses/structures;

6.

Telephone switching facilities;

7.

Wastewater treatment plants, settling ponds and disposal fields.

"Public works maintenance facilities and storage yards" means publicly owned or operated structures and open storage yards designed to accommodate motor vehicles, construction equipment, and the storage of materials used by the governmental agency. Also includes enclosed structures designed to warehouse space parts and service the above listed equipment.

R.

DEFINITIONS, "R."

"Radio or television transmitter" means usually a tall, fabricated structural metal tower designed and equipped to receive and transmit radio and television signals.

"Radio station" means a commercial facility that serves as the base-of-operations for an on-air radio broadcasting company. These facilities may also contain administrative offices and equipment of the type and scale customarily associated with wireless telecommunications facilities.

"Recreation land" means any area of land or water suitable for recreational purposes.

"Recreational vehicle" means the same as set forth in California Health and Safety Code section 18010, as that section exists and may be amended and decodified in the future.

"Recycling facilities" means a variety of facilities involved with the collection, sorting, and processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

ed" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

1.

"Collection facilities (large and small)" means a center where the public may donate, redeem, or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a.

Large collection facilities which occupy an area of more than eighty-four cubic feet, including but not limited to large collection containers and/or permanent structures;

b.

Small collection facilities which occupy an area of eighty-four cubic feet or less and may include:

(1)

A mobile unit;

(2)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than eighty-five cubic feet;

(3)

Kiosk-type units, which may include permanent structures; and

(4)

Small collection container.

c.

Reverse vending machine(s);

2.

"Processing facilities" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by means of baling, briquetting,

cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types:

a.

Light processing facility occupies an area of under forty-five thousand square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact, or shred ferrous metals other than food and beverage containers; and

b.

A heavy processing facility is any processing facility other than a light processing facility.

3.

"Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials.

4.

"Reverse vending machines" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than eighty-five cubic feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

"Regional Commercial Center" means a group or cluster of retail businesses, offices, and hotel(s) sharing common pedestrian and off-street parking, and which are located on parcel(s) of land having the following characteristics:

1.

Minimum area of twenty acres uninterrupted or undivided by public streets; and

2.

Abutted on at least two sides by public streets that intersect at one corner of the commercial center, and by a freeway on one other side.

May consist of one or more legal parcels tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access, and one or more ownerships.

"Repair and maintenance, consumer products" means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; furniture repair; television and

radio and other appliance repair; reupholstery; and watch, clock and jewelry repair. Does not include shoe repair (included under "Personal services, general"). Does not include heavy equipment repair businesses, which are included under "Business support services."

"Research and development" means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies, soils and other materials testing laboratories, or medical laboratories.

"Residential care homes, small (serving six or fewer persons)" means a facility licensed by the State of California where care, services, or treatment is provided to persons living in a community residential setting. The facilities are designed for and limited to six or fewer residents and are usually housed in a private residential home setting.

"Residential care homes, large (serving seven or more persons)" means a facility licensed by the State of California where care, services, or treatment is provided to persons living in a community residential setting. The facilities are designed for seven or more residents and are usually housed in a private residential home setting. Residential care homes shall comply with the provisions of Section 21.36.180.

"Residential service facility, small (six or fewer)" means a residential facility serving six or fewer natural persons, other than a residential care facility or single housekeeping unit, where the operator receives compensation for the provision of personal services, in addition to housing including protection, supervision, assistance, guidance, training, therapy, or other nonmedical care.

"Residential service facility, large (seven or more)" means a residential facility serving seven or more natural persons, other than a residential care facility or single housekeeping unit, where the operator receives compensation for the provision of personal services, in addition to housing including protection, supervision, assistance, guidance, training, therapy, or other nonmedical care.

"Residential recreational facilities, private" means playground equipment, swimming pools and spas, tennis and other sport courts, and similar facilities and accessory structures that are operated for the residents of a specific residential development and their invited guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "accessory uses and structures."

Restaurants.

1.

Restaurants, drive-through. (See "drive-through/drive-up service/drive-up window").

2.

Restaurants, drive-in. (See "Drive-in/drive-in service").

3.

"Restaurants or cafes, quick service" or "restaurants, fast casual" or "fast casual restaurants" or "quick service restaurants or cafes" means establishments whose primary business is the sale of food and

beverages to customers for consumption on-site or off-site. This type of restaurant provides onsite seating and typically includes the following operational characteristics:

•

High turnover rates for eat-in customers (typically less than forty minutes);

High percentage of carry-out clientele and/or presence of a dedicated food/beverage pickup area;

•

Very limited or no table service;

•

Does not accept dining reservations;

•

Drink dispensers, condiment bars, and/or trash disposal areas are provided in locations accessible to customers to accommodate self-service;

•

Customers typically order from a menu board or electronic system and pay before receiving food and beverages; and

•

Food and beverages are served with disposal tableware.

4.

"Restaurants, full service" or "Full service restaurants" means establishments whose primary business is the sale of food and beverages to customers for their consumption within the restaurant or restaurant patio area. This type of restaurant provides onsite seating and typically includes the following operational characteristics:

•

Low turnover rates for eat-in customers (typically more than forty minutes);

•

Low percentage of carry-out clientele and/or lack of a dedicated food/beverage pickup area;

•

Provides table service;

•

Accepts dining reservations;

•

Drink dispensers, condiment bars, and/or trash disposal areas are not accessible to customers;

•

Customers typically order from a menu where they are seated and pay after receiving food and beverages; and

•

Food and beverages are served with non-disposal tableware.

"Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include:

1.

Antiques;

2.

Art stores/ galleries;

3.

Artists' supplies;

4.

Bakeries;

5.

Boat supplies;

6.

Beauty supply;

7.

Bicycles;

8.

Cameras and photographic supplies;

Candy stores;

Clothing and accessories;

Collectibles;

Convenience markets/stores;

Department stores;

Drug and discount stores;

Fabrics and sewing supplies;

Furniture, furnishings, and equipment stores;

17.

Florists and houseplant stores (indoor sales only—outdoor sales are "garden centers/plant nurseries");

Gifts, novelties and souvenirs;

19.

Handcrafted items (stores may include crafting preparations subordinate to retail sales);

Hardware stores;

Hobby materials;

Jewelry;

23.

Luggage and leather goods;

24.

Medical stores;

Music (recordings) stores; 26.

Newsstands;

Pharmacies/drug stores; 28.

Photography studio/supply shops;

Secondhand/thrift stores without onsite acquisition; 30.

Shoes;

Small wares;

Specialty shops;

Sporting goods and equipment;

Stationery;

Toys and games; and

Variety stores.

Retail stores included in this definition may provide limited indoor seating for customer convenience, provided that no more than twelve seats are provided when the tenant space is less than ten thousand gross square-feet in area.

"Rooming and Boarding houses" means houses with individual bedrooms that are rented to between three to five persons for profit, whether or not meals are provided.

Rugs and Upholstery Cleaning. See "Laundries/dry cleaning plants."

S.

DEFINITIONS, "S."

Satellite Television or Personal Internet Broadband Dishes/Antenna. See "wireless telecommunications facilities"; however these facilities shall be less than three feet or two meters in diameter. Satellite television or personal internet broadband dishes/antenna shall comply with the provisions of Section 21.36.190.

"Scenic land" means any area of land or water that possesses scenic qualities suitable for preservation.

"Schools, commercial." See "Commercial schools."

"Schools—K—12, private." See "Schools—K—12, public;" however, these schools are privately owned and operated, and also may include denominational and sectarian, Boarding schools, and military academies.

"Schools—K—12, public" means an institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the State Education Code. Includes elementary, middle, junior high, and high schools serving kindergarten through 12th grade students. Pre-schools and child day care are included under the definitions of "Child day care facilities."

"Secondhand/thrift stores without onsite acquisition" means indoor retail establishments that sell used products, including books, clothing, furniture, and household goods onsite. This type of retail store does not accept products for sale onsite and is included in the definition of "Retail stores, general merchandise" and excluded from the definition of "Secondhand/thrift stores, with onsite acquisition." The sale of cars and other used vehicles is included under "Motor Vehicle Sales."

"Secondhand/thrift stores with onsite acquisition" means indoor retail establishments that acquire and sell used products onsite including books, clothing, furniture, and household goods. Used products may be purchased, received in donation, or placed in care of the store for consignment. The sale of cars and other used vehicles is included under "Motor Vehicle Sales."

"Senior citizen housing" means housing reserved for senior citizens or other qualified residents as defined by California Civil Code Section 51.3 et seq.

"Service bay" means a space within a motor vehicle related land use (herein defined), where a motor vehicle can be located for maintenance or repairs.

"Setback" means the distance by which a structure, parking area, or other development feature must be separated from a lot line. Setbacks from private streets are measured from the edge of the easement. See also "Yard." Figure 6-8 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks.

==> picture [384 x 404] intentionally omitted <==

Figure 6-8 Setbacks

"Sexually oriented businesses" has the same meaning as defined in Campbell Municipal Code Section 5.55.020 (Definitions).

"Shopping centers" means a group or cluster of retail businesses and offices sharing common pedestrian and off-street parking, and which are located on parcel(s) of land having the following characteristics:

Minimum area of three acres uninterrupted or undivided by public streets;

Abutted on at least two sides by public streets that intersect at one corner of the shopping center;

3.

May consist of one or more lots tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access, and one or more ownerships;

4.

Combination of commercial and office use with commercial uses to be at least seventy-five percent of gross floor area.

"Short term rental" means use of a residential property for lodging purposes as defined by Government Code Section 19822.4(1).

"Sign" means any structure, device, figure, painting, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

"Sign shops" means commercial establishments that market and design signs and create banners. Does not include assembly, fabrication, installation, repair, or service of signs.

"Sign manufacturing" means industrial establishments that market, design, assemble, fabricate, install, repair, and service signs of all types, sizes, and materials.

"Single-family dwellings" means a structure designed for and/or occupied exclusively by one family and containing only one kitchen. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/ manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

ns a structure designed for and/or occupied exclusively by one family and containing only one kitchen. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/ manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

"Single housekeeping units" means a functional equivalent of a traditional family; whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas in sharing household activities and responsibilities such as meals, chores, and expenses.

"Single Room Occupancy facility" means a residential facility providing dwelling units where each unit has a minimum floor area of one hundred fifty square feet and a maximum floor area of two hundred twenty square feet, and are rented to a one- and/or two-person household. These dwelling units may have kitchen and/or bathroom facilities, and are provided for a weekly or monthly period of time, in exchange for an agreed payment of a fixed amount of money or other compensation based on the period of occupancy.

"Small-lot single-family dwelling" means a single-family dwelling (as defined herein) constructed on a lot of less than six thousand square feet in net lot area, located within the P-D (Planned Development) zoning district.

"Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding a title to, either in fee simple or for a term of years, improved real property. All, or substantially all, of the shareholders of the corporation must receive a right of exclusive occupancy in a portion of the real

property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share(s) of stock in the corporation held by the persons having the right of occupancy.

"Storage facilities" means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Includes personal-, self-, or mini-storage."

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

"Story, half" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

==> picture [312 x 247] intentionally omitted <==

Figure 6-9 Half Story

"Structural alteration" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

"Structure" means anything constructed or erected, which requires location on the ground or attachment to something having a location on the ground.

"Studios, small" means an establishment that offers instruction to twelve or fewer participants at any one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training, martial arts and fine arts.

"Studios, large" means an establishment that offers instruction to more than twelve participants any one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training, martial arts and fine arts.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

T.

DEFINITIONS, "T."

"Tanning studio" means an establishment that uses artificial lighting systems to produce a tan on an individual's body. This use specifically excludes health and fitness centers ("Health/fitness center").

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Temporary use" means a land use activity described in Chapter 21.45, whether profit or non-profit, conducted solely on private property for a limited period of time.

"Tennis courts, private" means one or more tennis courts designed and maintained for the sole and exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests.

"Textile products manufacturing" means manufacturing establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of braids, threads, twine cordage, yarn; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fabric, fiber, yarn, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles; and upholstery manufacturing.

"Theaters, movie or performing arts, and concert halls" means indoor facilities for public assembly and group entertainment, other than sporting events, including public and semi-public auditoriums; civic theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly uses. Does not include uses categorized as "sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions) or as "Public Assembly Uses."

c assembly and group entertainment, other than sporting events, including public and semi-public auditoriums; civic theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly uses. Does not include uses categorized as "sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions) or as "Public Assembly Uses."

"Towing services" means service establishments where the primary function is the dispatching of tow trucks to motorists in need of a tow to a third location. The facility provides space for the parking of the tow trucks and the private motor vehicles of the tow truck drivers. Also includes administrative offices for the tow truck company and indoor accommodations for servicing (minor maintenance and repair) the tow trucks.

Does not include the short-term storage of towed vehicles ("Motor vehicle parking facilities") or the longterm storage of towed vehicles ("Motor vehicle storage facilities"). Also does not include motor vehicle repair of towed vehicles ("Motor vehicle repair and maintenance, minor and major"). Towing services shall comply with the provisions of Section 21.36.240.

"Townhouse" means a single-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation.

"Trailer sales" means an open paved area, other than a public street, used for the display, sale, or rental of new or used trailers. Also includes minor incidental repair and service of the trailers displayed or sold on the premises.

"Transit-Oriented Development (TOD)" means a residential or mixed-use development, located within ¼ mile of a light rail passenger terminal (defined herein).

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

"Travel agency" means an establishment primarily engaged in acting as an agent in selling travel, tour, and accommodation services to the general public and commercial clients.

"Triplex" means a single structure for three living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming and Boarding Houses."

"Trucking/freight terminals" means this land use consists of transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

Freight forwarding services;

Freight terminal facilities;

3.

Joint terminal and service facilities;

4.

Packing, crating, inspection and weighing services;

5.

Postal service bulk mailing distribution centers;

6.

Transportation arrangement services;

Trucking facilities, including transfer and storage.

"Tutoring center, small" means an establishment providing instruction to twelve or fewer students at any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, wine appreciation, and computer training.

"Tutoring center, large" means an establishment providing instruction to more than twelve students at any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, wine appreciation, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are included under the definition of "commercial school."

U.

DEFINITIONS, "U."

Universities/colleges, private. See "universities/colleges, public"; however, these universities/colleges are privately owned and operated.

"Universities/colleges, public" means and includes community colleges, public colleges, universities, and technical schools granting associate arts degrees, certificates, undergraduate, and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training.

V.

DEFINITIONS, "V."

"Vending machine" means an unattended self-service device that, upon insertion of coin(s) or token(s) or by similar means, dispenses anything of value including food, beverages, goods, wares, merchandise, or services.

"Veterinary clinics and animal hospitals" means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. A maximum of five animals may be kept overnight only if they are receiving medical treatment at the clinic/hospital. Veterinary clinics and animal hospitals shall comply with the provisions of Section 21.36.250.

"Video rental store" means an establishment primarily engaged in the retail rental or lease of videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic media. Sales of videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic merchandise associated with VCR's, video cameras, DVD players, and electronic games are permitted accessory uses.

W.

DEFINITIONS, "W."

"Warehouse retail stores" means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original

shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

Warehousing, wholesaling, and distribution facility, incidental. See "warehousing, wholesaling, and distribution facilities," primary; however, these facilities are only incidental to a manufacturing facility, and serve only as the warehouse for that facility. These incidental facilities do not exceed fifty percent of the total gross floor area of the manufacturing facility that it serves.

Warehousing, wholesaling, and distribution facilities, primary.

1.

Warehousing. Warehouse facilities provide for the storage of furniture, household goods, or other commercial goods of any nature. Also includes cold storage. Does not include: warehouse, storage, or personal or mini-storage facilities offered for rent or lease to the general public. For these see "Storage facilities."

2.

Wholesaling and distribution facilities. Wholesaling and distribution facilities include establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to these persons or companies. Includes the following establishments:

a.

Agents, merchandise or commodity brokers, and commission merchants;

b.

Assemblers, buyers and associations engaged in the cooperative marketing of farm products;

c.

Merchant wholesalers;

d.

Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

"Wildlife habitat" means any area of land or water valuable or necessary to or suitable for the preservation or enhancement of wildlife resources.

"Width, Public Right-of-Way" means the horizontal width of the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways, bike lanes or boulevards dedicated or acquired as right-of-way.

Wireless Telecommunications Facilities—Non-Stealth. See wireless telecommunications facilities—stealth; however, these facilities do not meet the definition of a stealth facility, defined below.

"Wireless telecommunications facilities—stealth" means a land use facility supporting antennas that sends and/or receives radio frequency signals.

1.

Wireless telecommunications facilities. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of these signals; telecommunication towers or similar structures built to support the required equipment; equipment cabinets, Base Transceiver Stations, and other accessory development. Also referred to as a "Telecommunication facility."

"Stealth facility" means any telecommunications facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with the existing structure. Also known as "Concealed telecommunications facilities."

Y.

DEFINITIONS, "Y."

"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code.

==> picture [360 x 387] intentionally omitted <==

Figure 6-10. Yards

"Yard, front" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto to the lot.

"Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of the main building.

"Yard, side" means a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.

"Yard sale." See "garage/yard sales, private."

"Year" means three hundred sixty-five calendar days.

Z.

DEFINITIONS, "Z."

"Zoning district, base" means the zoning district of a parcel or property as indicated on the City of Campbell Zoning Map, in accordance with Campbell Municipal Code Chapter 21.06 (District Boundaries), other than the Overlay/Combining District.

(Ord. 1617 Sl(part), 1986; Ord. 2093 § 1(part), 2007; Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2182, § 5(Exh. D), 10-7-2014; Ord. No. 2196, §§ 15, 16, 2-2-2016; Ord. No. 2199, §§ 3, 4, 4-5-2016; Ord. No. 2213, §§ 26, 27, 11-1-2016; Ord. No. 2216, § 13, 12-12-2016; Ord. No. 2222, §§ 9, 10, 5-16-2017, eff. 6-15-2017; Ord. No. 2250, §§ 18—22, 9-3-2019; Ord. No. 2251, § 5, 10-15-2019; Ord. No. 2252, §§ 17, 18, 11-19-2019; Ord. No. 2266, § 6, 9-1-2020; Ord. No. 2270, §§ 14, 19, 3-16-2021; Ord. No. 2286, § 9, 8-16-2022; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2305, §§ 8—10, 4-16-2024; Ord. No. 2306, §§ 34—56, 4-16-2024)