City Council Agenda
City of Campbell, 70 N. First St., Campbell, California
NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Servi ces', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.
This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Cou ncil. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 2, 2023 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Presentation of Resolutions to Campbell Cha mber of Commerce Citizen and Business of the Year Recipients
Recommended Action: That the City Council present resolutions to the 2022 Chamber of Commerce Citizen of the Year recipient Nicholas Welzenbach and Business of the Year Recipient Sports Basement.
2. Proclamation Recognizing National Peace Officers Memorial Day and Declaring the Week of May 14-20, 2023 as National Police Week Recommended Action: That the City Council recognize May 14 -20, 2023 as “National Police Week” to honor the Campbell Police Department and May 15, 2023 as “National Peace Officers Memorial Day” for America’s law enforcement
officers who have lost their lives in the line of duty for the safety and p rotection of others.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
3. Minutes of City Council Regular Meeting of April 18, 2023 Recommended Action: Approve the regular meeting minutes of April 18, 2023.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,745,057.60.
5. Monthly Investment Transactions Report (March 2023)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for March 2023.
6. Monthly Treasurer's Report (March 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended March 31, 2023.
7. Second Reading of Ordinance 2293 Establishing a New Zoning Map and Amending Title 6 (Health and Sani tation), Title 7 (Animals), Title 20 (Subdivision and Land Development) , and Title 21 (Zoning) of the Campbell Municipal Code (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading and adopt Ordinance 2293 establ ishing a new zoning map and amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.
8. Adopt a Resolution Rescinding Stage 3 a nd Enacting Stage 1 of the City’s Drought Measures in Accordance with Recent Water Supply Updates (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to rescind Stage 3 and enact Stage 1 of the City’s Drought Measures , Section 8.34.022 of the Municipal Code, in accordance with actions taken by Governor Newsom, Santa Clara Valley Water District (Valley Water), and San Jose Water Company (SJWC).
9. Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending pay ranges for temporary positions.
10. Amendment to the Classification and Salary Plan
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Arborist.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
11. Public Hearing to Consider the R equest of Joma Studio Architects for Property Located at 24 -28 E. Campbell Avenue to Allow Construction of a 3-Story, Approximately 8,000 Square -Foot Mixed -Use Building, Consisting of Ground-Floor and 2Nd -Level (Mezzanine) Commercial/Office Space, and Three 1 -Bedroom Upper -Level Apartment Units. the Application Under Consideration Includes a Planned Development Permit. File No.: PLN -2022-
79. (Resolution/Roll Call Vote)
Recommended Actio n: The Planning Commission recommends that the City Council adopt a Re solution approving a Planned Development Permit to allow construction of a 3-story, approximately 8,000 square-foot mixed-use building.
12. Continued Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Variance for Property Loca ted at 68 Page Street to Allow Construction of an Approximately 1,053 Square -Foot One- Story Single -Family Dwelling, Inclusive of a 313 Square -Foot Junior Accessory Dwelling Unit (JADU), with a 529 Square -Foot Attached Accessory Dwelling Unit (ADU), with Su bstandard Front - and Street -Side Setbacks (14 ½ -Ft and 3 -Ft Respectively), Including Retention of an Existing Detached Non-Conforming Garage. File No.: PLN-2022-101.
Recommended Action: That the City Council continue the public hearing on the appeal of t he Variance approved by the Planning Commission related to the property located at 68 Page Street to allow the applicant time to revise the Variance plans in response to community concerns and to allow the applicant the opportunity to be present at the hearing.
13. Public Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2024 (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce and take a first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.
14. Approval of Fiscal Year 2024 Schedule of Fees and Charges (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Fiscal Year (FY) 2024 Schedule of Fees and Charges, effective July 1, 2023.
15. Assembly Bill 481, Military Equipment Annual Report (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution finding that each type of military equipment identified in the 2022 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce an ordinance for f irst reading renewing City of Campbell Ordin ance 2280, per the requirements set forth in California Government Code § 7070, et. seq.
NEW BUSINESS
16. Downtown Special Event Fee Waiver Request - Campbell Chamber of Commerce
Recommended Action: That the C ity Council consider and provide direction t o staff regarding the requests from the Campbell Chamber of Commerce to (1) approve a fee waiver allowing the Campbell Chamber of Commerce to pay no more than $25,000 in Downtown Special Event Permit fees to the City of Campbell for processing and staffing costs related to the Campbell Chamber of Commerce’s 2023 Boogie Music Festival; and (2) amend the existing Promissory Note between the City of Campbell and the Campbell Chamber of Commerce to reflect the same no t-to-exceed Downtown Special Event Permit fe e amount of $25,000 for the Campbell Chamber of Commerce’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
17. Council Committee Reports
Recommended Action: That the City Council rep ort on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for pu blic inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Presentation of Resolutions to Campbell Chamber of Commerce Citizen and Business of the Year Recipients
RECOMMENDED ACTION
That the City Council present resolutions to the 2022 Chamber of Commerce Citizen of the Year recipient Nicholas Welzenbach and Business of the Year Recipient Sports Basement.
BACKGROUND
The Chamber of Commerce annually recognizes an outstanding individual in the community as its “Citizen of the Year ;” and recognizes an outstanding business in the community and names that business as its “Business of the Year.” Nominees are chosen for their outstanding and unselfish contributions to the Campbell community.
The award recipients were honored at the Campbell Chamber of Commerce’s annual “Celebrate Campbell” event held on March 11, 2023.
This event is designed to give credit to those who dedicate their time and donate their services for the betterment of our community. T he Chamber has been honoring the community’s silent heroes for over 50 years.
Nicholas Welzenbach is a second-generation funeral professional. He has been serving families for nearly 20 years. He began his career in San Diego. He and his wife Kendall relocated to the Bay Area 10 years ago. Nicholas is the Managing Partner of Darling Fischer in Campbell & Los Gatos as well as Los Gatos Memorial Park.
Nicholas is an active member of the community. He serves on the Board for both the Campbell Chamber and the Los Gatos Chamber of Commerce and is an active Los Gatos Rotarian. He and his staff work daily to care for families, while also working to reinvent funeral service around Celebrations of Life and by helping families find new and unique ways to tell their loved one’s stories.
Sports Basement has grown from a one -off shop in a San Francisco warehouse open only on the weekends to 10 fully stocked Bay Area locations.
Ten percent of Sports Basement’s earnings are redistributed into the community through their Basementeers program, where they partner with thousands of local Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: May 2, 2023
1 Packet Pg. 5
Presentation of Chamber BOTY and COTY Page 2 of 2
schools and non -profits. Through this program and their partnerships for their events, fests, and races, the community has been given over 10 million dollars.
Sports Basement Campbell has been a supporter of the Campbell fun runs through the donation of store certificates.
DISCUSSION
At the April 4, 2023 City Council meeting, the City Council adopted Resolution 12959 (Attachment A) congratulating Nicholas Welzenbach on being selec ted “Citizen of the Year” and adopted Resolution 12960 (Attachment B) congratulating Sports Basement on being selected “Business of the Year.” These Resolutions have been signed by all five Councilmembers and framed for presentation to recognize the Business and Citizen of the Year recipients at tonight’s City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with presenting these adopted Resolutions.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. CC Resolution 12959 - Nicholas Welzenbach Citizen of the Year b. CC Resolution 12960 - Sports Basement Business of the Year 1 Packet Pg. 6
RESOLUTION NO. 12959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONGRATULATING NICHOLAS WELZENBACH AS 2022 CITIZEN OF THE YEAR WHEREAS, Nicholas Welzenbach was selected by the Campbell Chamber of Commerce as the 2022 Citizen of the Year in recognition of his commitment and significant contributions to the Campbell community, and was honored on March 11, 2023, at the annual " Celebrate Campbell" banquet; and
WHEREAS, Nicholas Welzenbach is a second - generation funeral professional, serving families for 20 years; and
WHEREAS, Nicholas Welzenbach began his career in San Diego and relocated to the Bay Area 10 years ago; and
WHEREAS, Nicholas Welzenbach is the Managing Partner of Darling Fischer in Campbell & Los Gatos and Los Gatos Memorial Park; and
WHEREAS, Nicholas Welzenbach is an active member of the community, serving on the Board for both the Campbell Chamber and the Los Gatos Chamber of Commerce; and
WHEREAS, Nicholas Welzenbach and his staff work daily to care for families to reinvent funeral service around Celebrations of Life and by helping families find new and unique ways to tell their loved ones stories; and
WHEREAS, Nicholas Welzenbach' s attitude and community spirit exemplifies the qualities of the Campbell Citizen of the Year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell congratulates Nicholas Welzenbach on being named Campbell' s 2022 Citizen of the Year and recognizes his service to and involvement in the Campbell community.
PASSED AND ADOPTED this 4t" day of April, 2023 by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
z dA:_
Anne Bybee, Mayor
ATT ST:
Andrea Sand r , City Clerk
1.a
Packet Pg. 7
Attachment: CC Resolution 12959 - Nicholas Welzenbach Citizen of the Year (Presentation of Chamber BOTY and COTY) RESOLUTION NO. 12960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONGRATULATING SPORTS BASEMENT ON THEIR SELECTION AS 2022
BUSINESS OF THE YEAR
WHEREAS, Sports Basement has been selected by the Campbell Chamber of Commerce as the 2022 Business of the Year in recognition of successful business operations in the Campbell community, and was honored on March 11, 2023 at the annual " Celebrate Campbell" banquet; and
WHEREAS, Sports Basement opened its Campbell location in 2013: and WHEREAS, Sports Basement has grown from a one- off shop in a San Francisco warehouse open only on the weekends to 10 fully stocked Bay Area locations; and WHEREAS, Sports Basement has added a rental program, and developed in-house ski shops and bike shops; and
WHEREAS, Ten percent of Sports Basement' s earnings are redistributed into the community through their Basementeers program; and
WHEREAS, the Sports Basement Basementeers program helps to partner with thousands of local schools and non -profits, and has donated over 10 million dollars to the community through these partnerships; and
WHEREAS, Sports Basement locations are a hub for local clubs, non - profits, and corporate partners, hosting over 7,000 events a year, which equates to about 20 events per day around the Bay; and
WHEREAS, the Sports Basement Campbell has been a supporter of the fun runs through the donation of store certificates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell congratulates Sports Basement, on being named Campbell' s 2022 Business of the Year and recognizes their valued service to the Campbell community and continued involvement in civic endeavors.
PASSED AND ADOPTED this 4thday of April, 2023 by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPR ED:
i 4 O-
Anne Bybee, Mayor
ATTEST:
Z& C& a
Andrea Sane , City Clerk
1.b
Packet Pg. 8
Attachment: CC Resolution 12960 - Sports Basement Business of the Year (Presentation of Chamber BOTY and COTY)
City
Council
Report
TITLE: Proclamation Recognizing National Peace Officers Memorial Day and Declaring the Week of May 14-20, 2023 as National Police Week
RECOMMENDED ACTION
That the City Council recognize May 14 -20, 2023 as “National Police Week” to honor the Campbell Police Department and May 15, 2023 as “National Peace Officers Memorial Day” for America’s law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.
BACKGROUND
In 1962, President John F. Kennedy proclaimed May 15 th as National Police Officer Memorial Day and the week in which May 15 th falls, as National Police Week.
Established by a joint resoluti on of Congress in 1962, National Police Officer Memorial Day pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. In 2023, National Police Week will be observed from May 14th through May 20th.
DISCUSSION
According to the National Law Enforcement Officers Memorial Fund, so far this year, 30 police officers have died in the line of duty which includes two police officers who have given their lives in the service of the citizens of California. In 2022, 245 police officers died in the line of duty in the United States.
In his Proclamation, President Kennedy stated, in part, “from the beginning of this Nation, law enforcement officers have played an important role in s afeguarding the rights and freedoms which are guaranteed by the Constitution and in protecting the lives and property of our citizens…I invite State and local government, patriotic, civic, and educational organizations, and the people of the United States generally, to observe Peace Officers Memorial Day and National Police Week.”
By lighting the water tower blue and resolving to recognize National Police Week, the City of Campbell will be showing its gratitude towards the officers of the Campbell Police Department who strive every day to safeguard the freedoms and protect the lives and property of the Campbell community. The City will also be recognizing all those who Item: 2
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: May 2, 2023
2 Packet Pg. 9
National Police Week Page 2 of 2
put on a law enforcement uniform to serve their communities throughout this nation; and, more importantly, will be honoring those who died in that service.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of this proclamation.
Prepared by:
Gary Berg, Police Chief
Approved by:
Brian Loventhal, City Manager
Attachment:
a. National Police Week Proclamation
2 Packet Pg. 10
PROCLAMATION
OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS, the United States Congress and President of the United States have designated May 14-20, 2023, as “National Police Week ” and May 15, 2023 as “Peace Officers Memorial Day”; and
WHEREAS, members of the Campbell Police Department strive e very day to safeguard the freedoms and protect the lives and property of the citizens of Campbell; and
WHEREAS, the Campbell Police Department provides outstanding police services to the community; and
WHEREAS, 275 law enforcement officers throughout the nation have l ost their lives in the service to their communities since 2022; and
WHEREAS, the City of Campbell ask s all community members to join in honoring the police officers, past and present, who have played an important role in safeguarding the rights and freedoms which are guaranteed by the constitution and in protecting the lives and property of Campbell residents.
NOW, THEREFORE, I, Anne Bybee, Mayor, of the City of Campbell, do hereby recognize the week of May 1 4-20, 2023, as “National Police Week” and observe May 15, 2023, as “National Peace Officer Memorial Day” in honor of those who have lost their lives in service to their communities, and direct that the Campbell Water Tower be lit blue in honor of “National Peace Officer Memorial Day”.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 2nd day of May, 2023.
___________________________________
Anne Bybee
Mayor of the City of Campbell
2.a
Packet Pg. 11
Attachment: National Police Week Proclamation (National Police Week)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 18, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursu ant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.cityofcampbell.com/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Remote
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Parks Supervisor, Bob Siudzinski in recognition of “Arbor Day” in the City of Campbell. Mayor Bybee presented Mr. Siudzinski a Certificate of Appreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Proclamation Declaring April 28, 2023, as "Arbor Day" in the City of Campbell
Recommended Action: It is recommended that the City Council proclaim April 28, 2023, as “Arbor Day” in the City of Campbell.
Mayor Bybee spoke of the significance of “Arbor Day” and presented Parks Supervisor Bob Siudzinski a Proclamation declaring April 28, 2023 as “Arbor Day” in the City of Campbell.
Parks Supervisor Siudzinski thanked the City Council for the recognition and spoke of the importance of Arbor Day.
3 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 2
Councilmembers thanked Mr. Siudzinski and the Parks Division for their efforts and service to the City of Campbell. T hey noted that the City ’s Arbor Day Tree Planting event will be held on April 28 at 10:00a.m. at John D. Morgan Park.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Amy Taylor, Downtown Campbell Business Association (DCBA) President, spoke of their upcoming Car Show event and their efforts to obtain final approval so they can begin promoting the event.
COUNCIL ANNOUNCEMENTS
April is National Volunteer Month. Volunteers are one of the City’s greatest resources.
Many city programs and services are enhanced by community members who volunteer their time and talents on a wide variety of interesting projects throughout city departments including the Museum, Theatre and Public Works.
Come enjoy a crisp evening and disc over the latest crop of wines from California’s wine growing regions. Campbell’s Spring Wine Walk is scheduled for tomorrow, Wednesday, April 19, from 6:00p.m. to 9:00p.m. Event and ticket information is available at downtowncampbell.com. Campbell’s wine walks benefit the Downtown Campbell Business Association to raise money to fund year -round events and activitie s for the whole community.
Saturday, April 22 is Earth Day. This annual event began on April 22, 1970 to demonstrate support for environmental protection. The official theme for 2023 is “Invest in our Planet.” Consistent with Co uncil policy, the water tower will be lit in green and blue on April 22 to recognize this event.
Please join the City Council and staff from 9:00a.m. to noon on Tuesday, April 25 for a Budget Study Session in the City Council Chambers to discuss the Opera ting Budget and Capital Improvement Projects.
For the fortieth consecutive year, the National Arbor Day Foundation has proclaimed the City of Campbell “Tree City USA.” In celebration of this award, the community is invited to participate in an Arbor Day celebration at 10:00a.m. on Friday, April 28 on the Rincon Avenue side of John D. Morgan Park.
Connecting businesses and job seekers. The Campbell Works Job Fair is scheduled for Thursday, May 4 from 10:00a.m. to 2:00p.m. at the Orchard City Banquet Hall located at One W. Campbell Avenue. Visit CampbellChamber.net for more information.
Campbell’s Farmers Market is open on most Sunday’s from 9:00a.m. to 1:00p.m.
Enjoy a large selection of locally grown fre sh produce, as well as, craft vendors, live music, and food booths. The Mercury News has named the Campbell’s Farmers’ 3 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 3
Market, the “Best Farmers’ Market in Silicon Valley.” Come and enjoy the festive and vibrant community atmosphere that attracts fans from all around.
The City of Campbell offers a wide range of youth, adult and 50+ classes. Art Classes including clay time, art journaling, adult pottery wheel; dance, music; special interest, including Play -Well LEGO camps; adult and youth sports fitness a nd more. Visit the City’s website at campbellca.gov to find out more about these classes and camps.
CONSENT CALENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.
Councilmember Scozzola comm ented on Item 8, stating he was excited the City is moving forward with Battery Backup Systems.
Vice Mayor Landry commented on Item 9 and expressed her appreciation to the Joan Evans Bohnett Living Trust for their donation.
Item 10 was pulled from the Consent Calendar by a member of the public.
The Consent Calendar was considered as follows:
2. Minutes of City Council Special Meeting of March 31, 2023 Recommended Action: Approve the special meeting minutes of March 31, 2023.
This action approves the special meeting minutes of March 31, 2023.
3. Minutes of City Council Executive Session Meeting of April 4, 2023 Recommended Action: Approve the executive session meeting minutes of April 4, 2023.
This action approved the executive session meeting minutes of April 4, 2023.
4. Minutes of City Council Study Session Meeting of April 4, 2023 Recommended Action: Approve the study session meeting minutes of April 4, 2023.
This action approves the study session meeting minutes of April 4, 2023.
5. Minutes of City Council Regular Meeting of April 4, 2023 Recommended Action: Approve the regular meeting minutes of April 4, 2023.
This action approves the regular meeting minutes of April 4, 2023.
6. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,169,364.57.
This action approves the bills and claims in the amount of $3,169,364.57 as follows: payroll checks dated March 16, 2023, in the amount of $32,503.30; bills and claims checks dated March 20, 2023, in the amount of $1,331,412.11; bills and claims checks dated March 27, 2023, in the amount of $1,734,721.76; and payroll checks dated March 30, 2023, in the amount of $70,727.40. 3 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 4
7. Authorization to Submit a Transportation Fund for Clean Air (T FCA) Program Grant Application for the Hamilton Avenue Resurfacing Project (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application to Santa Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project.
Resolution 12967 authorizes the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Applicati on to Santa Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project.
8. Authorization to Purchase Twelve (12) Tesco Model 2000VA Battery Backup Systems from Tesco Controls, in an Amount Not to Exceed $90,000, for Installation at Twelve Signalized Intersection Locations Throughout the City; and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Sections 3.20.030 (7) (8) (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a reso lution authorizing the City Manager to: (1) execute a purchase agreement with Tesco Controls, for twelve (12) Tesco Model 2000VA Battery Backup Systems, in the not -to-exceed amount of $90,000, for installation at twelve signalized intersection locations throughout the City; and (2) dispense with bidding requirements as authorized in Campbell Municipal Code Sections 3.20.030 (7) (8).
Resolution 12968 authorizes the City Manager to: (1) execute a purchase agreement with Tesco Controls, for twelve (12) Tesco Model 2000VA Battery Backup Systems, in the not -to-exceed amount of $90,000, for installation at twelve signalized intersection locations throughout the City; and (2) dispense with bidding requirements as authorized in Campbell Municipal Code Sections
3.20.030 (7) (8).
9. Accept Donation from Joan Evans Bohnett Living Trust (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution accepting the donation of $55,000 from the Joan Evans Bohnett Trust and approve a budget adjustment to recognize the donation in Fiscal Year 2023.
Resolution 12969 accepts the donation of $55,000 from the Joan Evans Bohnett Trust and approves a budget adjustment to recognize the donation in Fiscal Year 2023.
*11. Item moved to Public Hearings and Introduction of Ordinances - Live Entertainment Permit - Khartoum 300 Orchard City Drive Suite 101, Campbell, California
12. Approval of Plans and Specifications, Authorization for Advertisement of Bids, Contract Award, Necessary Budget Adjustments, and O ther Associated Actions for the Camden Avenue Resurfacing, Project 21 -SS (Resolution/Roll Call Vote)
3 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 5
Recommended Action: That the City Council adopt a resolution approving the plans and specifications; authorizing the Public Works Director to advertise f or bids and award the project; authorizing the City Manager to enter into a construction contract with the lowest responsive and responsible bidder in an amount not to exceed $1,218,500 and encumber a 10% construction contingency for a total construction c ontract amount of $1,340,350; authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; authorizing the Public Works Director to reject bids and rebid the project, should bids rec eived have unamenable irregularities; and authorizing the Finance Director to perform associated budget adjustments.
Resolution 12970 approves the plans and specifications; authorizes the Public Works Director to advertise for bids and award the project; autho rizes the City Manager to enter into a construction contract with the lowest responsive and responsible bidder in an amount not to exceed $1,218,500 and encumber a 10% construction contingency for a total construction contract amount of $1,340,350; authorizes the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; authorizes the Public Works Director to re ject bids and rebid the project, should bids received have unamenable irregularities; a nd authorizing the Finance Director to perform associated budget adjustments.
M/S: Landry/Furtado - That the City Council approve the consent calendar with the exception of Item 10. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
ITEMS CONSIDERED SEPARATE FROM CONSENT
10. Approve a Consultant Services Agreem ent with Maze & Associates for Interim Finance Manager Services, Dispense with Bidding Requirements Under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and Approve a Corresponding Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing the City Manager to approve a nd execute a Consultant Services Agreement with Maze & Associates for interim Finance Manager services, dispense with bidding requirements under Section 3.20.030(4) of th e Campbell Municipal Code (CMC), and authorize a corresponding budget adjustment.
Steve Saunders, Campbell resident, commented on the upcoming City budget process and noted the importance of having a strong Finance department. He appreciated Director Fue ntes and his teams’ efforts, especially in regard to the Measure O Bond process.
3 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 6
Councilmembers thanked Finance Manager Vong for his service and wished him well in his new position.
M/S: Landry/Lopez – That the City Council adopt Resolution 12971 authorizing the City Manager to approve and execute a Consultant Services Agreement with Maz e & Associates for interim Finance Manager services, dispense with bidding requirements under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and authorize a co rresponding budget adjustment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
*11. Item moved from the Consent Calendar - Live Entertainment Permit - Khartoum 300 Orchard City Drive Suite 101, Campbell, California (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resoluti on approving the issuance of a Live Entertainment Permit at Khartoum locat ed 300 Orchard City Drive suite 101, Campbell, California.
This is the time and place for a public hearing to consider issuance of a Live Entertainment Permit at Khartoum located 3 00 Orchard City Drive suite 101, Campbell, California.
Police Chief Berg presented a staff report dated April 18, 2023.
Following Council questions Mayor Bybee opened the public hearing.
Applicant Brandon Brigham was not in attendance. Seeing no one w ishing to speak, Mayor Bybee closed the public hearing.
After discussion, M/S: Furtado/Lopez – That the City Council adopt Resolution 12972 approving the issuance of a Live Entertainment Permit at Khartoum located 300 Orchard City Drive suite 101, Campbel l, California, including the desk item. The motion was ad opted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
3 Packet Pg. 17
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 7
13. Adoption of New Application Fees Related to the Processing of Housing Development Projects, to be Included in the City’s Fiscal Year 2022 -2023 Schedule of Fees and Charges. Project File No. PLN -2023-62 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution establishing new application fees related to the processing of Housing Development Projects, to be included in the City’s Fiscal Year 2022 - 2023 Schedule of Fees and Charges.
This is the time and place for a public hearing to consid er a doption of new application fees related to the processing of Housing Development Projects, to be Included in the City’s Fiscal Year 2022-2023 Schedule of Fees and Charges.
Senior Planner Rose presented a staff report dated April 18, 2023.
Following Council questions Mayor Bybee opened the public hearing.
Seeing no one wishing to speak, Mayor Bybee closed the public hearing.
After discussion, M/S: Landry/Lopez - That the City Council adopt Resolution 12973 establishing new application fees related to the processing of Housing Deve lopment Projects, to be included in the City’s Fiscal Year 2022 - 2023 Schedule of Fees and Charges. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
NEW BUSINESS
15. Acceptance of Fiscal Year 21/22 Annual Comprehensive Financial Report and Auditor’s Written Communication on Internal Controls Recommended Action: That the City Council accept the Fiscal Year 21/22 Annual Comprehensive Financial Report and Auditor’s written communication on internal control structure and the audit process as submitted with this report.
Finance Manager Vong presented a staff report dated April 18, 2023.
Following Council questions, Mayor Bybee asked if anyone from t he public wished to speak. There were no public speakers.
Councilmembers acknowledged the auditing firm Eide Bailly and the Finance department for their excellent work.
After discussion, M/S: Lopez/Furtado – That the City Council accept the Fiscal Year 2 1/22 Annual Comprehensive Financial Report and Auditor’s written communication on internal control structure and the audit process as submitted with the staff report. The motion was adopted by the following roll call vote:
3 Packet Pg. 18
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of April 18, 2023 City Council Meeting Page 8
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommended Action: That the City Council report on activities from thei r committee assignments.
Vice Mayor Landry attended Santa Clara County Supervisor Ellenberg’s event on Birthing Justice.
Councilmember Lopez attended the Bay Area Quality Management District meetings and Santa Clara Valley Transportation Authority meeting.
Mayor Bybee attended the Friends of the Heritage Theatre meeting.
ADJOURN
Mayor Bybee adjourned the meeting at 8:12p.m.
APPROVED:
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
3 Packet Pg. 19
Minutes Acceptance: Minutes of Apr 18, 2023 7:30 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,745,057.60
DISCUSSION
The bills and claims that have been audi ted and approved by staff for payments made are noted below:
Type Check Date Amount
Bills & Claims April 03, 2023 $442,825.29
Bills & Claims April 10, 2023 $1,302,232.31
Total $1,745,057.60
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Norite Vong, Finance Manager
Item: 4
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
4 Packet Pg. 20
Approving Bills and Claims Page 2 of 2
Approved by:
Angelique Gaeta, Assistant City
Manager
4 Packet Pg. 21
City
Council
Report
TITLE: Monthly Investment Transactions Report (March 2023)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for March 2023.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, cal led, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to the City Council within 30 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers March 2023. As shown in Attachment A, staff deposited $1.9 million into and withdrew $4.8 million from the City’s Local Agency Investment Fund (LAIF) account to manage weekly operating cash flows, mainly covering the $1.8 million payment due for the two Measure O debt service payments. $10,000 in interest from the City’s Bank of New York ( BNY) investment portfolio was posted to the City’s Wells Fargo cash account . Two $1.0 million FHLB securities were purchased; the first yielding 5.25% with a 1.0 year maturity and the 2 nd yielding 5.4% with a 1.5 year maturity. The March LAIF investment rate grew again to
2.831%. Consistent with the recommended FY 2022-23 Investment Strategy approved by the City Council on August 1 6, 202 2, staf f continues to watch for longer -term investment opportunities outside of LAIF, as interest rates continue to rise to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
There is no fiscal impact associated with the re view and acceptance of the Monthly Investment Transactions Report.
Item: 5
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
5 Packet Pg. 22
Monthly Investment Transactions Report (March 2023) Page 2 of 2
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Monthly Investment Activity Report-3.31.23
5 Packet Pg. 23
CITY OF CAMPBELL
Monthly Investment Transactions Report
March 1 to March 31, 2023
Account Trans. Date March 2023
LAIF - ******137
Average Monthly Yield 2.831%
Beginning Balance 73,599,222$
Transactions
Withdrawal 03/02/2023 (1,700,000)
Deposit 03/13/2023 500,000
Withdrawal 03/15/2023 (300,000)
Withdrawal 03/20/2023 (750,000)
Deposit 03/22/2023 500,000
Deposit 03/24/2023 900,000
Withdrawal 03/28/2023 (2,000,000)
Monthly Total (2,850,000)
Ending Balance 70,749,222$
Account*** Trans. Date March 2023
Bank of New York (BNY) - ******818
Beginning Balance 24,999,860$
Transactions
Cash witdrawal, March 1 purchase settlement 3/1/2023 (1,000,000) Invest. Purchase - FHLB (5.25% Yield; 1.0 Yr) 3/1/2023 1,000,000 Invest. Purchase - FHLB (5.4% Yield; 1.5 Yrs) 3/6/2023 1,000,000 Monthly Total 1,000,000
Ending Balance 25,999,860$
***Investment interest received and posted to Wells Fargo cash account 10,375$
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Attachment: Monthly Investment Activity Report-3.31.23 (Monthly Investment Transactions Report (March 2023))
City
Council
Report
TITLE: Monthly Treasurer's Report (March 2023)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended March 31, 2023.
BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finan ce Director has the responsibility of City Treasurer. This report is prepared to fulfill this requirement.
This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.
DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended March 31, 2023. As shown in Attachment A, the City recognized $ 7.7 million in revenues and incurred $ 7.9 million in expenditures i n total, for all City funds. The City’s overall ending fund balance for March 2023 is $ 95.5 million, a decrease of $1.4 million from the prior month.
For the month of March 2023, the City’s General Fund recognized $ 5.2 million in revenues and incurred $ 5.4 million in expenditures. Of the revenues received, $ 1.4 million and $1.3 million are attributed to property tax and sales tax, respectively. The City’s ending General Fund balance for March 2023 is $17.0 million, a decrease of $0.6 million from the prior month.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
6 Packet Pg. 25
Monthly Treasurer's Report (March 2023) Page 2 of 2
Prepared by:
Carolina Vargas, Accounting Clerk
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. 2023.03 Fund Balance Report
6 Packet Pg. 26
City of Campbell
Changes in Total Fund Balance
For the month ended March 31, 2023
Beginning Fund
Balance
07/01/2022
Increase/
Decrease
Jul - Feb
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
03/31/2023
General Fund
Restricted Fund Balance - - - - - - - -
Committed Fund Balance -
General Plan Update - - - - - - - Compensated Absences 994,762.00 - - - - - 994,762.00 Liability insurance 105,930.00 - - - - - 105,930.00 Available Capital Improvement Reserve 1,144,790.00 - - - - - 1,144,790.00 Committed Capital Improvement Reserve 897,782.36 - - - - - 897,782.36 Community Center Facility 71,019.06 - - - - - 71,019.06 Heritage Theater 268,542.19 - - - - - 268,542.19 Historic Preservation - - - - - - - -
Assigned Fund Balance -
Capital Projects (Construction Tax) 517,241.90 - - - - - 517,241.90 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00 OPEB 347,321.00 - - - - - 347,321.00 Encumbrances 711,874.11 - - - - - 711,874.11 -
Unassigned Fund Balance -
Unassigned 1,000,000.00 (2,337,632.52) 5,219,919.95 (5,372,442.04) 593,528.25 (3,057,785.75) (3,954,412.11) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 21,926,792.27 (2,337,632.52) 5,219,919.95 (5,372,442.04) 593,528.25 (3,057,785.75) 16,972,380.16 Special Revenue
Vehicle Impact 2,472,588.22 551,124.80 61,566.38 - - - 3,085,279.40 Gas Tax (365,514.38) (24.32) 631,376.26 (107,364.83) 1,385,475.00 - 1,543,947.73 Asset Forfeiture 113,752.93 17,276.61 270.35 - - - 131,299.89 Lighting & Landscape District 1,197,274.65 (573,331.82) 411,281.37 (266,223.83) 705,255.75 (83,475.00) 1,390,781.12 Housing & Community Development 345.85 - - - - - 345.85 Environmental Services 663,921.97 292,116.27 184,421.32 (312,608.85) 378,750.00 (893,828.25) 312,772.46 Supplemental Law Enforcement 268,112.52 (30,960.83) 8,753.32 (59,406.86) - - 186,498.15 State & Other Grants (1,765,042.94) 293,491.73 - - - - (1,471,551.21) TDA Grant 389,463.19 28,572.87 880.62 - - - 418,916.68 Federal Grants 485,117.55 20,579.40 347,826.31 - - - 853,523.26 ARPA Fund (48,224.63) 88,694.43 16,480.84 - - - 56,950.64 Housing Assistance 8,769,588.00 (163,746.46) 11,554.80 (8,597.28) - - 8,608,799.06 Community Restitution Fund - 47,448.80 4,922.85 - - - 52,371.65 Community Facilities District #1 3,373.66 82,325.94 19.90 (35,750.00) - (107,250.00) (57,280.50) Community Facilities District #2 181,495.32 20,117.99 402.26 (7,477.61) - (9,000.00) 185,537.96 Parkland Dedication 3,304,721.07 1,104,282.73 9,287.64 - - - 4,418,291.44 Recreation - Private Grants 5,891.46 132.23 12.69 - - - 6,036.38 Adult Center 16,320.94 365.82 35.15 - - - 16,721.91 Special Revenue Fund Total 15,693,185.38 1,778,466.19 1,689,092.06 (797,429.26) 2,469,480.75 (1,093,553.25) 19,739,241.87 Debt Service
Measure O 5,821,476.10 (1,914,381.73) 12,284.78 (966,800.00) - - 2,952,579.15 LID #30 31,630.40 708.99 68.12 - - - 32,407.51 2016 Refunding Lease Revenue Bond 11,951.65 (677,913.22) 191,451.12 - 574,350.00 - 99,839.55 Debt Service Fund Total 5,865,058.15 (2,591,585.96) 203,804.02 (966,800.00) 574,350.00 - 3,084,826.21 Internal Service Fund
Motor Vehicle Pool 1,211,824.41 261,836.25 129,678.64 (86,648.67) 368,150.00 (37,500.00) 1,847,340.63 Information Technology Pool 304,071.88 (159,367.32) 139,133.40 (133,935.57) 220,530.00 (37,200.00) 333,232.39 Worker's Compensation 405,180.01 255,748.37 81,707.64 (30,729.33) - - 711,906.69 Internal Service Fund Total 1,921,076.30 358,217.30 350,519.68 (251,313.57) 588,680.00 (74,700.00) 2,892,479.71 Trust/Agency
Successor Agency 281,097.15 787,527.45 2,705.11 - - - 1,071,329.71 West Valley Solid Waste JPA 291,540.27 325,995.27 86,400.32 (61,052.33) - - 642,883.53 SCC Specialized Enforcement Team - - - - - - Trust/Agency Fund Total 572,637.42 1,113,522.72 89,105.43 (61,052.33) - - 1,714,213.24 Capital Project
Capital Projects Fund 947,216.58 (2,854,354.49) - (374,982.99) - - (2,282,120.90) Measure O CIP Fund 50,462,160.78 2,847,316.40 112,205.17 (54,068.62) - - 53,367,613.73 Capital Project Fund Total 51,409,377.36 (7,038.09) 112,205.17 (429,051.61) - - 51,085,492.83 Total City 97,388,126.88 (1,686,050.36) 7,664,646.31 (7,878,088.81) 4,226,039.00 (4,226,039.00) 95,488,634.02 Fund Description
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Attachment: 2023.03 Fund Balance Report (Monthly Treasurer's Report (March 2023))
City
Council
Report
TITLE: Second Reading of Ordinance 2293 Establishing a New Zoning Map and Amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land De velopment) , and Title 21 (Zoning) of the Campbell Municipal Code (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council approve the second reading and adopt Ordinance 2293 establishing a new zoning map and amending Title 6 (Health and Sanit ation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.
DISCUSSION
On April 18, 2023 the City Council held a public hearing to consider the adoption of the 2040 General Plan (Envision Campbell), 2023-2031 housing element, resolving that the South of Campbell Avenue Area Plan ( SOCA), North of Campbell Avenue Plan (NOCA), Central Campbell Redevelopment Plan (CCRP), and design guidelines for low- medium density residential projects shall be of no further force and effect, reestablishment of other existing area, streetscape, and neighborhood plans, establishment of a new Zoning Map, amendments to Title 6 ( Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development, and Title 21 (Zoning) of the Campbell Municipal Code, adoption of Multi-Family Development and Design Standards and a Form-Based Zone Map, and certification of a final programmatic Environmental Impact report ( EIR) with a statement of overriding considerati ons in accordance with CEQA.
This item was approved by a unanimous vote and the City Council took first reading of Ordinance 2293. A summary of Ordinance 2293 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of C ampbell, County of Santa Clara on April 26, 2023 and will be published again on May 10, 2023 , following approval of second reading. O rdinance 2293 will become effective 30 days following the second reading approval.
FISCAL IMPACT
Nominal publication costs are associated with approving the Ordinance second reading to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY Item: 7
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
7 Packet Pg. 28
Second Reading of Ordinance 2293 Page 2 of 2
2023 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on April 18, 2023.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Ordinance 2293
7 Packet Pg. 29
ORDINANCE NO. 2293
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ESTABLISHING A NEW ZONING MAP AND
AMENDING TITLE 6 (HEALTH AND SANITATION), TITLE 7
(ANIMALS), TITLE 20 (SUBDIVISION AND LAND
DEVELOPMENT), AND TITLE 21 (ZONING) OF THE
CAMPBELL MUNICIPAL CODE. FILE NO. PLN-2 022-90.
W
HEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
W
HEREAS, the City of Campbell is adopting a new General Plan (Campbell 2040 General Plan), inclusive of a new 2023-2031 Housing Element and therefore, the must amend the Campbell Municipal Code (CMC) and adopt a new Zoning Map for consistency with the 2040 General Plan and 2023-2031 Housing Element.
WHEREAS, upon the effective date of the subject Ordinance, the preceding Campbell Zoning Map, as most recently amended, shall be of no further force or effect.
WHEREAS, the subject Ordinance w ill amend Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code as set forth in Exhibit B.
WHEREAS, a general summary of amendments to Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code, and where appropriate their relationship to implementation of state or federal law, has been included as Exhibit C.
WHEREAS, the proposed amendments would be consistent with the following policies and strategies of the 2040 General Plan:
LU-1.a: Update the City’s Zoning Map to be consistent with the land use designations shown on Figure LU-01.
LU-1.b: Assign zoning to pr
operties consistent with the land use designations identified by the General Plan.
LU-1.c: Enact zoning amendments that reduce the City’s reliance on the P -D (Planned Development) and C -PD (Condominium Planned Development) zoning designation.
LU-1.e: Review the standards provided in the Campbell Municipal Code and Zoning Code (Title 21) and amend as necessary to ensure consistency with the General Plan.
WHEREAS, the proposed amendments would be consistent with the following program from the 2023-2031 Campbell Housing Element:
Program H-3a: Update the Municipal Code to reduce parking requirements consistent with the standards presented in Table II-33. The following parking reduction strategies in areas adjacent to light rail, and other parts of the City which will not present impacts to residential neighborhoods, are being proposed: Reducing the parking
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) City Council Ordinance No.
PLN-2022-90 – Zoning Map and Updates to Campbell Municipal Code Page 2 of 4
requirements for smaller units as a means of facilitating lower cost housing, and for sites located within walkable areas.
WHEREAS, the legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, review and adoption of the proposed amendments is done i n compliance with California government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration.
WHEREAS, the proposed amendments serve to implement the 2040 General Plan and 2023- 203 Housing Element and may therefore be found consistent with the Final Programmatic Environmental Impact Report (EIR) prepared for the Envision Campbell 2040 General Plan and Campbell’s Plan for Housing 2023- 2031 Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes may found categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not result in direct or indirect physical change in the environment pursuant, respectively.
WHEREAS, the proposed amendments related to park fees, within Title 20 of the Campbell Municipal Code, may be found categorically exempt pursuant to Public Resource Code Section 21065, which specifically excludes governmental fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment pursuant to CEQA Guidelines Section 15378.
WHEREAS, the proposed amendments are consistent with the goals, policies, and actions of the 2040 General Plan (which includes the 2023- 2031 Housing Element) and all applicable development agreements, area plans, neighborhood plans, and specific plan.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.
WHEREAS, the public interest, convenience, health, welfare and safety require that three acres of property be devoted and developed for park and recreational purposes for each one thousand persons currently residing or who may in the future reside within the city, as determined in the conservation and open space element of the 2040 General Plan.
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of this Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) City Council Ordinance No.
PLN-2022-90 – Zoning Map and Updates to Campbell Municipal Code Page 3 of 4
THEREFORE, BE IT ORDAINED by the City Council of the City of Campbell:
Section 1. That the City Council adopts an Ordinance ordaining that the preceding Campbell Zoning Map, as most recently amended, shall be of no further force or effect upon the effective date of the new Campbell Zoning Map as set forth in Exhibit A, establishing a new Campbell Zoning Map as set forth in Exhibit A , and amending Title 6 ( Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code as set forth in Exhibit B with underlining indicating new text and strikeouts indicating deleted text and directing the City Clerk to update placeholders referencing the date of adoption within the amended sections of the Campbell Municipal Code to indicate the effective date of the Ordinance.
Section 2. If any section, sentence, clause, phrase, word, or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.
Section 3. The proposed amendments serve to implement the 2040 General Plan and 2023- 203 Housing Element and are therefore found consistent with the Final Programmatic Environmental Impact Report (EIR) prepared for the Envision Campbell 2040 General Plan and Campbell’s Plan for Housing 2023- 2031 Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes are categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not result in direct or indirect physical change in the environment pursuant, respectively.
Section 4. The City Council finds and determines that the proposed amendments related to park fees, within Title 20 of the Campbell Municipal Code, are categorically exempt pursuant to Public Resource Code Section 21065, which specifically excludes governmental fiscal activities which do not i nvolve any commitment to any specific project which may result in a potentially significant physical impact on the environment pursuant to CEQA Guidelines Section 15378.
Section 5. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan and more specifically Policy COS-1.2 of the 2040 General Plan, by providing for new public open space that serve new residents created by new housing projects.
Section 6. The C ity Council further finds and determines that the purpose of the fees imposed, or land required to be dedicated, as modified by this ordinance, is for developing new or rehabilitating existing park or recreational facilities within the city. It is recognized and understood that the city is compact, comprising approximately six square miles, and consequently parks located throughout the city are a ccessible to, and used by persons residing in all parts of the City. The dedicated land and the fees imposed shall accordingly be used to develop or rehabilitate parks and recreational facilities within the City in accordance with the City's General Plan. Residential development increases the number of residents in
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) City Council Ordinance No.
PLN-2022-90 – Zoning Map and Updates to Campbell Municipal Code Page 4 of 4
the City, and thereby creates a greater demand for park and recreational facilities. The dedication and fee requirements imposed, as modified by this ordinance, are to provide for three acres of park and recreational facilities for each 1,000 new residents, or proportion thereof, generated by new residential development. The number of residents per unit of new development is determined by the average number of occupants revealed by the most recent census information. The fees are determined by multiplying a number no greater than the fair market value of real property in the City on a per acre basis with number of acres of land necessary to provide three acres for every 1,000 new residents generated by the new development. Where allowed by law, the cost of improving the land with park and recreational facilities is to serve the new residents is then added. Based on these findings, the City Council further finds and concludes: (a) there is a reasonable relationship between the use of the land or fee and the type of development project on which the dedication or fee is imposed; (b) there is a reasonable relationship between the need for the public facilities and the type of development project on which the dedication or fee is imposed; and there is a reasonable relationship between the amount of the dedication or fee and the cost of the public facility or portion of the public facility attributable to the development on which the dedication or fee is imposed taking into account any credits or reductions of fees as set forth by the code as amended.
Section 7. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one tim e within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) Exhibit A
Zoning Map
This file may be accessed by visiting the following website address:
https://www.campbellca.gov/DocumentCenter/View/19982/Zoning-Map-2023
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) Exhibit B
Amendments to Campbell Municipal Code
Title 6 (Health and Sanitation)
Title 7 (Animals)
Title 20 (Subdivision and Land Development)
Title 21 (Zoning)
This file may be accessed by visiting the following website address:
https://www.campbellca.gov/DocumentCenter/View/20055/Code-Amendments- Title-6-7-20-and-21
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) Exhibit C
Summary of Municipal Code Changes
General Corrections
In addition to the Title and Chapter specific changes as noted below, typographical, grammatical, and structural improvements have been made throughout the affected sections. Further, changes have been made throughout the Zoning Ordinance to reflect the new land uses and density ranges contemplated by the 2040 General Plan and 2023-2031 Housing Element updates and comply with state and federal law.
Title 6: Health and Sanitation
Chapter 6.40 Camping and Storage
1. Updated the location allowed for Camping to include all sites with a legally established public assembly use onsite, striking previous language limiting such activity to the P-F (Public Facilities) zoning district.
Title 7: Animals
Chapter 7.04 General Provisions
1. Updated the definition of “Animals” as to not prohibit the sale of live shellfish, crabs, lobsters, or fish from grocery stores.
Title 20: Subdivision and Land Development
Chapter 20.16 Parcel Map Procedures
1. Added an exception to access requirements for projects subject to the Multi-Family Development and Design Standards; with a requirement for shared improvements to be provided on a common lot maintained by a homeowner’s association.
2. Aligned the decision-making body for the parcel map with the decision-making body established for the associated Housing Development Permit.
Chapter 20.24 Park Impact Fees and Park Land Dedication Subdivisions
1. Added a provision allowing for a reduction in fees for projects providing for public open space meeting the requirements of Chapter 21.07 (Housing Development Regulations) of the Campbell Municipal Code.
Title 21: Zoning
Chapter 21.01: General Provisions
Chapter 21.02: Interpretation of Provisions
Chapter 21.03: Land Use Permit Requirements
1. Updated references to Chapter 21.10 (Commercial, Office and Industrial Districts) as renamed.
2. Added a reference to Chapter 21.11 (Mixed-Use Districts).
3. Removed antiquated references to the former city redevelopment agency.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
4. Added a section exempting projects which reconfigure existing square footage to increase the number of bedrooms from public hearings.
5. Added a provision to allow land use permits submitted on or before the effective date of the zoning code update to be carried out in accordance with the development standards and permitting procedures in effect at the time of project submittal.
Chapter 21.04: Establishment of Zoning Districts
1. Updated to reflect new land use designations and zoning districts.
2. Established a reference table to prior zoning districts.
3. Established P-D as a legacy zoning district.
Chapter 21.06: District Boundaries
Chapter 21.07: Housing Development Regulations
1. Newly created chapter to establish objective standards for multi-family and mixed-use hosing development projects.
2. Provides a connection in the code to the separately adopted Multi-Family Development and Design Standards and associated Form-Based Zoning Map.
3. Provides permitting procedures, public hearing procedures, conditions and time limits, provisions providing for an amendment of the standards, phasing of projects, and provisions describing what constitutes a major change to a housing development project.
Chapter 21.08: Residential Districts
1. Consolidated purpose and symbol assigned to individual zoning districts in a single section and established land uses allowed for newly established zoning districts as well as for mobile home parks.
2. Expanded those uses allowed and prohibited by the MDR zoning district (formerly R-3) to the newly established HDR zoning district.
3. Removed mobile home parks as an allowable use in the MHDR zoning district (formerly R-3) and removed the reference to the maximum number of stories from the land use description and added to the development standards table.
4. Consolidated allowable uses in the RD and RM uses, allowing the more permissive of the two to prevail.
5. Consolidated permitted, conditional, and prohibited uses of individual zoning districts in a zoning table.
6. SB 234
: Revised the land use table to establish “family child day care homes, large” as a permitted use in all residential zoning districts as required by state legislature.
7. Added short-term rentals to the list of expressly prohibited uses.
Chapter 21.10: Commercial, Office, and Industrial Districts
1. Renamed Chapter to capture the same land use groupings/distinctions made in the General Plan and Chapter 21.04 (Zoning Districts Established) of the Campbell Municipal Code.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
2. Consolidated purpose and symbol assigned to individual zoning districts in a single section and established land uses allowed for newly established zoning districts as well as for mobile home parks.
3. Increased allowed FAR (Floor Area Ratio) up to 1.0.
4. Removed 21.10.060 – CB-MUC-3 (Central Business Mixed-Use District) zoning district from this chapter (added to Chapter 21.11 - Mixed-use districts).
5. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7 units, and
1.25 for projects between 8 to 10 units consistent with SB 478 (2021).
6. Consolidated permitted, conditional, and prohibited uses of individual zoning districts in a zoning table.
7. Added a reference to the Figure II-64 (Parcels Allowing Emergency Shelters) within the Housing Element and removed language describing the boundaries of the area.
8. Removed distinctions between the RD and LI zoning districts which added specificity on the square footage and bedroom count of caretaker/employee housing as is separately regulated by CMC 21.36.040 (Caretaker or employee housing).
9. SB 234
: Revised the land use table to establish “family child day care homes, large” as a permitted use in all residential zoning districts as required by state legislature.
Chapter 21.11: Mixed-U se Districts
1. Newly created chapter to establish new mixed-use zoning districts.
2. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7 units, and
1.25 for projects between 8 to 10 units consistent with SB 478 (2021).
3. Added an allowance for live-work units for all mixed-use zoning districts excepting the Commercial/Light Industrial and the CB-MU (Central Business Mixed-Use) zoning district.
4. Added the CB-MU (Central Business Mixed-Use) zoning district to this chapter and incorporated the following changes:
a. Updated the purpose statement of the zoning district to remove ambiguity as to where residential uses shall be allowed and references to parking standards which have been removed.
b. Removed parking standards and procedures and references to parking standards, defaulting to those found within Chapter 21.28 (Parking and Loading). c. Removed reference to the allowable density range to avoid future conflicts with land use designation.
d. Clarified that the increase in FAR up to 1.5 only applies to projects without a residential component.
e. Updated the land use table referencing the standards contained within C-3 for Area/Master Plan areas to establish uses as Conditional where previously provided for through an Administrative Planned Development Permit (a legacy permit type).
Chapter 21.12: Special Purpose Districts
1. Removed references to the management of how an overlay is shown on the map which are addressed separately under Chapter 21.04 (Establishment of zoning districts).
Chapter 21.14: Overlay Combining Districts
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
1. Removed language directing how an overlay district symbol should be applied when shown on the zoning map, which is separately addressed by Chapter 21.04 (Establishment of zoning districts).
2. Removed limitations on where an overlay district may be applied in the city to address newly created zoning districts, be more consistent with where overlays are already applied, and provide greater flexibility for where overlays can be proposed in the future – such as the Affordable Housing Overlay Zone (AHOZ) called for by Program H-1c (Affordable Housing Overlay Zone) included in the Housing Element.
3. Established an ‘opt-out’ process for housing projects through the establishment of an overlay for projects that may result in a community benefit or improved design.
4. Lowered the threshold for eligibility for consideration of a community benefit overlay designation to 25 residential units.
Chapter 21.16: General Performance Standards
1. Added Section 21.16.105 establishing a reference in the code to the Valley Water Guidelines and Standards for Land Uses Near Streams and assignment of responsible department for oversight of related requirements.
2. Added Section 21.16.120 (Transportation demand management) and Section 21.16.130 (Transportation analysis and improvements) to implement actions T-4.j. and T-4.l. of the General Plan (Envision Campbell 2040).
Chapter 21.18: Site Development Standards
Chapter 21.20: Density Bonuses and Other Housing Incentives
1. Renamed Chapter from “Density Bonus and other incentives for affordable residential units, senior housing and childcare facilities” to as indicated above.
2. Restructured Chapter to reference standards and tables contained in state law and removed locally established standards and tables which were out of date.
3. Added clarity on how a density bonus is calculated.
4. Added clarity on how concessions and waivers are applied.
5. Added a definition to clarify that Accessory Dwelling Units, and Junior Accessory Dwelling Units shall not count as a living unit for purposes of the Chapter.
6. Added a new density bonus income category for acutely low- and extremely low-income units, which are provided an additional density bonus over that provided for very low-income units in furtherance of Program H-5s (Density Bonus Incentives for ELI Units) from the Housing Element.
7. Added a provision allowing for a 30% density bonus for projects that provide 5% of the total living units as target units restricted to acutely or extremely very low-income households.
8. Established a connection to the priority preference criteria established by the city’s Inclusionary Housing Ordinance for density bonus units.
Chapter 21.23: Accessory Dwelling Units
1. Incorporates amendments in response to SB-897 and AB-2221 as follows:
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293) a. Recognize concept of “Statewide Exemption ADU” (≤ 800 SF, with 4-ft side/rear setbacks, and not taller than 18-ft) that are permitted exceptions to FAR, Lot Coverage, building separations, open space, and front setback requirements. b. Allow for a minimum allowable ADU height of 18-ft, with an additional 2-ft allowed to match the roof pitch of the primary home.
c. Eliminate the parking requirement for ADUs, recognizing that the multitude of exceptions has essentially annulled any parking standard. d. Establish an amnesty section to legalize unpermitted ADUs constructed prior to January 1, 2018 that otherwise do not comply with local or State development standards, subject to general provisions and restrictions.
Chapter 21.24: Inclusionary Housing Ordinance
1. Updated a reference to a former housing element policy to point to a new goal established by the 2023-2031 Housing Element.
2. Added a definition for an extremely low-income household.
3. Updated the definition of living unit to clarify that Accessory Dwelling Units, and Junior Accessory Dwelling Units shall not count as a living unit for purposes of the Chapter.
4. Updated to require for-sale projects to provide the same allocation of units available to lower- income and very low-income units that is required for rental projects (partially implementing Program H-1a – Inclusionary Housing Ordinance Implementation from the Housing Element).
Chapter 21.26: Landscaping Requirements
1. Established landscape standards for mixed-use districts.
2. Clarified the definition of landscaping.
Chapter 21.28: Parking and Loading
1. Removed a cross reference to parking standards contained in the C-3 zoning ordinance.
2. Clarified that parking requirements are totaled for all uses prior to rounding.
3. AB 970 – Updated the code to reduce the number of parking spaces by the amount necessary to accommodate the electrical vehicle charging station if the electrical vehicle charging station and associated equipment interferes with, reduces, eliminates, or any way impacts the required parking spaces for existing uses.
4. AB 1100 – Updated the code to clarify that charging spaces count as at least one standard vehicle space for complying with minimum parking space requirements and that accessible charging spaces with an access aisle count as at least two standard parking spaces.
5. AB 2097 – Updated the code to remove minimum parking requirements for residential, commercial, and/or other development projects that is located within ½ mile of public transit.
Clarified the meaning of bus routes, consistent with the definition provided by the Metropolitan Transportation Commission (MTC), because a specific definition of intersection is not provided by the statue.
6. Established provisions allowing for the reduction in the number of parking spaces when necessary to meet minimum accessible access requirements.
7. Established standards for the prioritization of the assignment of parking spaces when provided on property with residential uses.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
8. Adjusted parking standards, primarily resulting in a reduction of parking requirements for residential uses contained in Table 3-1.
9. Updated parking standards for emergency shelters consistent with Housing Element Program H- 3g.
10. Consolidated situations (i.e., proximity to public transit pursuant to AB 2097) and parking reduction strategies which may be used reduce the number of required parking spaces under a single section. Established new shared parking and rideshare parking reduction strategies for mixed-use projects.
11. Removed the option to apply for a parking modification permit to reduce the parking obligation of residential uses.
12. Clarified that the minimum length for a driveway serving single-family and two-family uses is exclusive of any public right-of-way.
13. Established a minimum guest parking ratio for residential projects where no other standard is provided.
14. Established a minimum bicycle parking requirement for residential (one space per unit) and non- residential (one space per 2,500 square feet of gross floor area) uses.
15. Added a requirement for at least one loading parking space for apartment buildings and mixed- use developments with 16 or more units and direction for when to stripe a loading space white or yellow.
Note: The updates made to these sections do not address the streamlining/timeline or checklist requirements of AB 970 or AB 1236, which are to be addressed in a future update to the Campbell Municipal Code addressing permit processing times and shot clocks related to other recently passed state legislation (e.g., ADUs, photovoltaic, wireless facilities).
Chapter 21.30: Signs
Chapter 21.32: Tree Protection Standards
1. Added Findings for removal of trees that prevent development of a housing development project (includes SB 9 properties)
Chapter 21.33: Historic Preservation
Chapter 21.34: Wireless Communications Facilities
1. Correcting references to FCC requirements.
Chapter 21.36: Provisions Applying to Special Uses
1. Removed 21.36.070 (Large family child care homes) in response to SB 234 (2019) which
prohibits treating family child care homes differently from any other residential use.
2. Incorporated standards previously established by 21.36.070 (Large family child care homes) into
21.36.080 (Commercial child care centers).
3. Updated 21.36.085 (Emergency shelters) to remove reference to a specific land use permit type and location, which is established separately under Article 2 (Zoning Districts).
4. Changed permitting requirements for large family day care homes, removed appeal procedures
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
5. Updated 21.36.095 (Health and fitness centers/studios) to remove reference to a specific land use permit type.
6. Established Section 21.36.115 (Liquor establishments. as a special use and relocated findings previously specified found under Section 21.46.070 (Special findings for liquor establishments) to this newly created section.
7. Removed Section 21.36.130 (Mixed-use development) which standards have been superseded by Chapter 21.07 (Multi-Family Development and Design Standards).
8. Updated 21.36.150 (Outdoor seating) to remove reference to a specific land use permit type, removed reference to specific application submittal requirements which are provided for by the city’s established application forms.
9. Updated 21.36.170 (Public assembly uses) to remove reference to a specific land use permit type relying instead on other sections of the code.
10. Updated 21.36.270 (Massage establishments) to add date of adopting Ordinance and remove reference to a specific land use permit relying instead on other sections of the code.
11. Added Chapter 21.36.207 (Single-room occupancy facilities) establishing requirements for such facilities.
12. Updated 21.36.243 (Tutoring centers) to remove reference to a specific land use permit type relying instead on other sections of the code.
Chapter 21.38: Application Filing, Processing, and Fees
1. Updated to include a reference to the establishment of an Administrative Conditional Use Permit and assign decision making body and role.
2. Updated to reference new permit processes established by Chapter 21.07 (Housing Development Regulations) and assign decision making body and role.
Chapter 21.39: Ministerial Approvals
1. Established new permitting procedures and processing timelines consistent with recent bills (e.g., SB 35, AB 2162, and AB 101) which require cities to evaluate certain projects through a streamlined ministerial review process. This section serves to implement California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process").
Chapter 21.40: Zoning Clearances
1. Added eligible facilities requests (wireless) to be eligible for zoning clearances to memorialize current practice.
Chapter 21.41: Pre-Applications
1. Revised the mandatory pre-application process to reflect permitting requirements in Chapter
21.07. 2. Established a voluntary pre-application process for projects subject to the Specific to Large Site Standards established by Chapter 21.07 (Housing Development Regulations).
Chapter 21.42: Site and Architectural Review
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
1. Added language to clarify permitting procedures for reconfiguration of existing square footage for residential to comply with AB 916.
2. Clarified applicability for projects within the Campbell Village Neighborhood Plan.
3. Added language to clarify permits filed under 21.07 (Multi-Family Development and Design Standards) are not subject to the section.
Chapter 21.44: Home Occupation Permits
1. Updated to allow cottage food operations to comply with state law (AB 1616 and AB 1144) Chapter 21.45: (Temporary Uses)
1. Updated to correct formatting error in the title of the Chapter.
Chapter 21.46: Conditional Use Permits
1. Established Admin. Conditional Use Permit process.
2. Relocated Special Findings for Liquor Establishments to Chapter 21.36 (Special Uses) Chapter 21.50: Reasonable Accommodations
1. Updated to account for amendments in the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.
Chapter 21.54: Administrative Responsibility
1. Established provisions for the Community Development Director to establish a designee for the Historic Preservation Board, consistent with current practice.
2. Added clarity to the role of the Site and Architectural Review Committee in its role reviewing existing and newly established permits.
Chapter 21.56: Permit Implementation Timeline
1. Added a provision to allow recordation of a map to serve as grounds to establish a project.
2. Included provisions for the amendment of legacy permit types.
Chapter 21.58: Nonconforming Uses and Structures
1. Clarified the definition of nonconforming use to clarify that residential density does not constitute a nonconformity.
2. Updated the non-conforming use restrictions to include reference to specific ordinances where previously adopted.
3. Clarified that Policy “E” of the San Tomas Area neighborhood plan only pertains to projects subject to the plan and not all projects located within its limits.
Chapter 21.60: Amendments (General Plan, Zoning Code, and Zoning Map Amendments)
1. Updated findings required to approve a General Plan Amendment.
2. Extended authority to initiate an amendment to the General Plan to include the City Manager.
3. Extended authority to initiate an amendment to the Zoning Code or Zoning Map to include City Manager and Community Development Director.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
4. Added a requirement to update the Form-Based Zone Map with any proposed change to a residential land use or zoning.
Chapter 21.62: Appeals
1. Updated to add Administrative Conditional Use Permit and reordered section to reflect alphabetical order.
Chapter 21.64: Public Hearings
1. Standardized public noticing requirements for properties within the San Tomas Area.
Chapter 21.68: Revocations and Modifications
1. Broadened language related to revocations and modifications to account for non-punitive actions that may be taken to rescind a legacy permit type.
Chapter 21.70: Administrative Decision Process
2. Added Administrative Conditional Use Permit to 21.71.020
3. Reorganized order to 21.71.020 to alphabetical order.
Chapter 21.72: Definitions
1. Amended and added various definitions related to development and to support newly established sections of code not limited to their respective Chapters and comply with state and federal law.
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Attachment: Ordinance 2293 (Second Reading of Ordinance 2293)
City
Council
Report
TITLE: Adopt a Resolution Rescinding Stage 3 and Enacting Stage 1 of the City’s Drought Measures in Accordance with Recent Water Supply Updates (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution to rescind Stage 3 and enact Stage 1 of the City’s Drought Measures, Section 8.34.022 of the Municipal Code, in accordance with actions taken by Governor Newsom, Santa Clara Valley Water Dis trict (Valley Water), and San Jose Water Company (SJWC).
BACKGROUND
In 2015, the City created a new framework for implementing water use restrictions by adopting Ordinance 2190 amending Chapter 8.34 of Campbell’s Municipal Code - Potable Water Use Restri ctions (attached). Chapter 8.34 implemented permanent potable water use restrictions and identified drought measures that required additional water use restrictions when various stages of droughts are declared. Chapter 8.34 also gives the City Council the authority to adjust the stage of water restrictions by resolution when appropriate to correspond with conservation requirements established by both the Santa Clara Valley Water District (Valley Water) and the San Jose Water Company (SJWC).
On July 8, 2021 , California Governor Gavin Newsom announced an extension of his previous drought proclamation. This extension included Santa Clara County in a call for 15% water conservation. As a result, on August 3, 2021, the City implemented Stage 3 of the City’s Potable Water Use Restrictions (Municipal Code Section 8.34.020).
After three of the driest years on record, recent rain and snowfall have drastically changed the State’s water supply conditions. Many parts of California have received precipitation 50 to 150% above average. To date, 13 of the 17 major water supply reservoirs in the State are at or above their average capacity. In response to the new supply conditions, Governor Newsom ended the 15% call for water conservation on March 24, 2023. Following the Go vernor’s announcement, Valley Water rescinded its mandatory water shortage stage on April 11, 2023, and enacted a voluntary 15% conservation target with specific water waste restrictions in place. To align with Valley Water’s actions, SJWC, Campbell’s wate r retail supplier, ended its drought allocation and surcharge program, and enacted Stage 1 of its Water Shortage Contingency Plan.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
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Drought Measure Update Page 2 of 4
DISCUSSION
Governor Newsom’s recent announcement highlighted the continuous effort to “Make Water Conservation a Way of Life.” This includes resuming the ban of potable water use on ornamental turf located on commercial, institutional, and industrial sites. Valley Water and SJWC will continue to enforce water use restrictions related to outdoor water waste. SJWC has enacted St age 1 of its water shortage plan which limits irrigation during the day, washing hard surfaces, and prohibits runoff.
With the recent actions by both Valley Water and SJWC, it is important for the City to be consistent with their water conservation polic ies since both agencies will be implementing public education campaigns and will be providing the public with information regarding water conservation. Public Works staff has evaluated and compared Valley Water and SJWC water use policies and restrictions to the City’s drought measures and the corresponding drought stages. To align with the voluntary conservation efforts and outdoor water use restrictions, staff is recommending that the City rescind the Stage 3 drought measures and enact Stage 1. Stage 1 p otable water use restrictions include:
a. No watering between 10:00 a.m. and 8:00 p.m.; and irrigation cannot exceed fifteen minutes in any landscape zone on any parcel;
b. Residents must fix leaks, broken irrigation systems, or broken fixtures within five business days if notified to do so by SJWC;
c. Operation of decorative fountains, or the filling or topping off of decorative lakes or ponds is prohibited, except for maintenance purposes, and fountains, lakes, or ponds that utilize recycled (recirculated) water;
d. Restaurant water service is prohibited except upon request;
e. Hotels and motels must provide guests with the option of not having towels and linens laundered daily and promptly display notice of this option; and
f. No irrigation shall oc cur for forty-eight hours after measurable rainfall of one - quarter of an inch or more.
These measures are in addition to the permanent potable water use restrictions as defined in the Municipal Code, Section 8.34.020 which include restrictions on:
a. Water waste by flooding or runoff on sidewalks, streets, gutters or other paved areas;
b. Cleaning of sidewalks, driveways, patios, parking lots, or other paved or hard - surfaced areas in a manner which results in excessive run-off or waste; 8 Packet Pg. 46
Drought Measure Update Page 3 of 4
c. Use of water through a hose for washing vehicles without an automatic shutoff valve on the outlet end of the hose.
To be consistent with both Valley Water and SJWC, it is recommended that the City Council adopt a resolution rescinding the Stage 3 drought restrictions and enacting the Stage 1 drought restrictions as defined in the Campbell Municipal Code Section
8.34.022.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
1. Do not approve the proposed resolution and keep Stage 3 Drou ght Measures in affect.
2. Alternatively, Council could rescind the Stage 3 Drought Measures and focus efforts on Permanent Water Use Restrictions only, as outlined in the Municipal Code.
Prepared by:
Peri Newby, Environmental Program
Specialist
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
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Drought Measure Update Page 4 of 4
Attachment:
a. Resolution
b. Municipal Code_Chapter 8.34
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO RESCIND STAGE 3 AND ENACT STAGE 1 OF THE DROUGHT MEASURES AS DEFINED BY THE CAMPBELL MUNICIPAL CODE CHAPTER 8.34 IN
ACCORDANCE WITH RECENT WATER SUPPLY UPDATES
WHEREAS, on June 9, 2021, The Santa Clara Valley Water District (Valley Water) declared a water shortage emergency condition in Santa Clara County and ca lled for a 15% reduction in water usage County wide as compared to 2019 usage, 33% of 2013 usage; and
WHEREAS, on June 23, 2021, Campbell’s water retail supplier, San Jose Water Company, supported Valley Water’s call for water conservation and implemented Stage 3 of the agency’s Water Shortage Contingency Plan; and
WHEREAS, on July 8, 2021, California Governor Gav in Newsom extended his previous drought proclamation to include Santa Clara County; and
WHEREAS, on August 3, 2021, the City of Campbell City Council enacted Stage 3 of the City’s Drought Measures in correspondence with the State’s water conservation goal; and
WHEREAS, on March 24, 2023, as a result of water supply changes, Governor Newsom ended the call for water conservation across the State; and
WHEREAS, on April 11, 2023, Valley Water rescinded its mandatory water shortage stage and continued to leave specific water restrictions in place; and
WHEREAS, San Jose Water Company subsequently ended its drought allocati on and surcharge program, and enacted Stage 1 potable water use restrictions; and
WHEREAS, staff has evaluated the current water conservation policies from both Valley Water and San Jose Water Company and has identified the City’s Stage 1 Drought Measures to be consistent with these polices.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby as follows:
The City of Campbell City Council rescinds Stage 3 and enacts Stage 1 Drought Measure as defined in Chapter 8.34 of the Campbell Municipal Code to correspond with the Actions of Governor Newsom, Valley Water, and San Jose Water Company:
PASSED AND ADOPTED this 2nd day of May, 2023 by the following roll call vote:
AYES: Councilmembers:
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Attachment: Resolution (Drought Measure Update)
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Anne Bybee, Mayor
ATTEST:
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Drought Measure Update)
Chapter 8.34 ‐ POTABLE WATER USE RESTRICTIONS
8.34.010 ‐ Purpose.
The city council finds and determines that the purposes in adopting this chapter are to wisely manage our water resources, practice voluntary efficient water use, avoid water waste and to preserve the health and safety of the people of this municipality. (Ord. 1868 § 1(part), 1993).
8.34.020 ‐ Permanent potable water use restrictions.
It shall be unlawful to make any of the following uses of potable water:
(1) Water waste by flooding or runoff on sidewalks, streets, gutters or other paved areas; (2) Cleaning of sidewalks, drivew ays, patios, parking lots, or other paved or hard-surfaced areas in a manner which results in excessive run-off or waste;
(3) Use of water through a hose for washing cars, buses, boats, trailers, or other vehicles without a positive automatic shutoff valve on the outlet end of the hose. Exceptions include washing vehicles at commercial or fleet vehicle washing facilities oper ated at fixed locations where equipment using water is properly maintained to avoid wasteful use. (Ord. No. 2190, § 1, 9-1-2015)
Editor's note— Ord. No. 2190, § 1, adopted Sept. 1, 2015, amended § 8.34.020 in its entirety to read as herein set out. Former § 8.34.020, pertained to potable water use restrictions, and derived from Ord. 1868, § 1(part), adopted in 1993.
8.34.022 ‐ Drought measures.
(a) Drought Stages. For purpose s of this Chapter, drought conditions shall be categorized as follows:
(1) Stage 1. A Stage 1 drought i s characterized by a water use reduction goal of ten to fifteen percent;
(2) Stage 2. A Stage 2 drought is characterized by a water use reduction goal of fifteen to twenty- five percent;
(3) Stage 3. A Stage 3 drought is characterized by a water use reduction goal of twenty-five to forty percent;
(4) Stage 4. A Stage 4 drought is characterized by a water use reduction goal of forty percent or greater;
(b) Declaration of Drought. When the City Council finds that o ne of the four stages of drought affects the City, the City Council may adopt a resolution declaring the existence of the drought, and the applicable stage of the drought.
(c) Drought Restrictions. When the City Council adopts a resol ution declaring the existence of a drought the following provisions shall immediately apply in add ition to the permanent restrictions set forth in Section 8.32.020:
(1) Stage 1—Conservation. During Stage 1 - Conservation, the f ollowing mandatory conservation measures must be followed:
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Attachment: Municipal Code_Chapter 8.34 (Drought Measure Update) a. No watering between 10:00 a.m. and 8:00 p.m.; and irrigatio n cannot exceed fifteen minutes in any landscape zone on any parcel, unless the zone is exclusively using drip irrigation, low precipitation sprinkler heads that apply water at or less than one inch per hour, a hose with a positive shutoff device, or hand held bucket or similar container; b. Customers must fix leaks, broken irrigation systems, or bro ken fixtures within five business days if notified to do so by San Jose Water Company.
c. Operation of decorative f ountains, or the filling or topping off of decorative lakes or ponds is prohibited, except for maintenance purposes or fountains, lakes , or ponds which utilize recycled (recirculated) water;
d. Restaurant water service is prohibited except upon request; e. Hotels and motels must provide guests with the option of no t having towels and linens laundered daily and promptly display notice of this option; and f. No irrigation shall occur for forty-eight hours after measu rable rainfall of one-quarter of an inch or more;
(2) Stage 2—Water Reduction Needed. During Stage 2 - Water Red uction Needed, the following mandatory conservation measures must be followed in addition to the measures required for Stage 1:
a. Use of potable water for construction purposes, including w ashing streets, backfill, and dust control is prohibited, unless no other source of water or other method can be used; b. Watering or irrigating of l awns, landscape or other vegetat ed area with potable water is limited to three days per week. Irrigation will be allowed Mond ay, Wednesday, and Friday for odd numbered and numberless addresses and will be allowed o n Tuesday, Thursday and Saturday for even numbered addresses.; and
c. Customers must fix leaks, bro ken irrigation systems, or bro ken fixtures within three days (seventy-two hours) if notified to do so by San Jose Water Company; In the event of a conflict between the restrictions of Stage 1 and Stage 2, the most restrictive measures shall apply;
(3) Stage 3—Critical Water Reduction. During Stage 3 - Critica l Water Reduction, the following mandatory conservation measures must be followed in addition to the measures required for Stage 1 and Stage 2:
a. Watering or irrigating of l awns, landscape or other vegetat ed area with potable water is limited to two days per week. I rrigation will be allowed on: Mo nday and Thursday for odd numbered and numberless addresses and on Tuesday and Friday for even numbered addresses;
b. Use of water for the filling or refilling of swimming pools is prohibited, except for topping off pools up to one foot from the top of the pool. Leaking pools th at need repair are exempt from this paragraph;
c. Customers must fix leaks, broken irrigation systems, or bro ken fixtures within two days (forty-eight hours) if notified to do so by San Jose Water Company. d. Customers shall not use potable water for the filling or re -filling of decorative fountains, ornamental lakes or ponds except to the extent needed to sustai n aquatic life, provided that such animals are of significant value.
In the event of a conflict between the restrictions of Stage 1, Stage 2 or Stage 3, the most restrictive measures shall apply;
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Attachment: Municipal Code_Chapter 8.34 (Drought Measure Update) (4) Stage 4—Emergency Water Reduction. During Stage 4 - Emerge ncy Water Reduction, the following mandatory conservation measures must be followed in a ddition to the measures required for Stage 1, Stage 2 and Stage 3:
a. Watering or irrigation of l awn, landscape or other vegetate d area with potable water is prohibited. This restriction does not apply to the following categories of use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand- held bucket or similar container, hand-held hose equipped with a positive action shut- off nozzle or device;
2. Maintenance of existing land scape necessary for fire protection;
3. Maintenance of existing land scape for soil erosion control;
4. Maintenance of plant materia ls identified to be rare or ess ential to the well-being of a protected species;
5. Maintenance of landscape within active public parks or play ing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week;
b. Customers must fix leaks, broken irrigation systems, or bro ken fixtures within one day (twenty-four hours) if notified to do so by San Jose Water Company; In the event of a conflict between the restrictions of Stage 1, Stage 2, Stage 3, or Stage 4, the most restrictive measures shall apply.
(Ord. No. 2190, § 2, 9-1-2015)
8.34.030 ‐ Penalty.
(a) It is unlawful for any person, firm or corporation to viol ate any provision, or fail to comply with any mandatory requirement of this chapter. Except as otherwise prov ided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this chapter is guilty of an infraction, and upon conviction shall b e punished by a fine of not more than one hundred dollars.
(b) 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 tho usand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:
(1) The violation wa s committed willfully or with knowledge of its illegality; (2) The violator does not cease or otherwise abate the violati on after receiving notice of such violation; or
(3) The violator has previously been convicted of violating th e same provision of this title within one year of the currently charged violation;
(c) Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this chapter shall be deemed guilty of a separa te offense for each and every day during any portion of which any violation of any provision of t his chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. (d) The administrative penalties of Chapter 6.10 of the Campbe ll Municipal Code shall apply to a violation of this Chapter.
(Ord. 1868 § 1(part), 1993).
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Attachment: Municipal Code_Chapter 8.34 (Drought Measure Update) (Ord. No. 2190, § 3, 9-1-2015)
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Attachment: Municipal Code_Chapter 8.34 (Drought Measure Update)
City
Council
Report
TITLE: Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution amending pay ranges for temporary positions.
DISCUSSION
The purpose of this staff report is to request the adoption of the attached resolution amending pay ranges for temporary positions. The proposed changes are necessary to align with California's minimum wage adjust ments that took effect on January 1, 2023 and factor in minor Cost-of-Living adjustments.
Annually, pay ranges for temporary positions are revised to align with California's minimum wage adjustments, which take effect at the start of each year. As of January 1, 2023, the minimum wage in California was increased to $15.50 per hour, prompting staff to propose a new salary range to the Council to account for the resulting minimum wage impacts.
Temporary employees affected by the minimum wage order were give n a raise of $0.50 in December 2022 to meet the new minimum wage standards, which took effect in January 2023.
These temporary salary range changes do not translate to increased costs for current temporary employees. They merely provide authorization to compensate temporary positions within ranges that staff believes are reasonable for the individual positions listed.
Staff conducted a salary survey utilizing t he City of Campbell benchmarked cities to propose reasonable pay ranges for temporary position s based on minor Cost -of-Living adjustments. Upon conducting the survey, it was found that the per diem rate for Public Safety Dispatcher was below market value. To align with the City's full -time Public Safety Dispatcher classification, the rate was adju sted to the top step. Moreover, for the position of Police Officer - Extra Help, which is a retired annuitant position, the hourly rate must be equal to the maximum monthly salary paid to other employees performing similar duties listed on the current sala ry schedule, as per the CalPERS retired annuitant rules.
Item: 9
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
9 Packet Pg. 55
Amending Temporary Employees Pay Ranges Page 2 of 2
A complete listing of temporary positions with their proposed pay ranges is provided in Attachment B. It is important to note that the adoption of changes to this schedule is not intended to adjust the salaries of current temporary employees, but rather to reflect current market conditions and practices and serve as a guideline for wage rates.
FISCAL IMPACT
Any increased costs projected for individual temporary employees were included in temporary employee expenditure accounts in the various programs for the FY 2023 Adopted Budget. No further budgetary adjustments are needed at this time.
ALTERNATIVES
1. Provide staff with alternate direction.
Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution -TempPayRangeAdjustment042023
b. City of Campbell Salary Schedule Temporary Employees 2023 9 Packet Pg. 56
RESOLUTION NO. _____________
RESOLUTION AMENDING PAY RANGES FOR FULL AND PART-TIME
TEMPORARY POSITIONS
WHEREAS, Section 2.16.010 of the Campbell Municipal Code requires that salaries and wages of all employees of the City be fixed by ordinance or resolution; and
WHEREAS, the City of Campbell does utilize temporary employees in a number of departments where their compensation is an hourly pay rate; and
WHEREAS, a review of the pay ranges previously established by resolution indicates a need for updating.
NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell does hereby approve the pay range schedule as outlined in the attached Attachment B.
PASSED AND ADOPTED this 2nd day of May, 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Resolution -TempPayRangeAdjustment042023 (Amending Temporary Employees Pay Ranges) Effective: 12/12/2022
JOB TITLE
ACCOUNTING ASSISTANT $27.00 - $55.00
AEROBICS INSTRUCTOR $21.00 - $40.00
AQUATICS/FITNESS SPECIALIST/POOL MANAGER $15.50 - $26.00 ASSISTANT SWIM TEAM COACH $15.50 - $20.00
BUILDING ATTENDANT $15.50 - $20.00
BUILDING INSPECTOR $29.75 - $45.00
CAD OPERATOR $15.50 - $41.50
CLERICAL-ADMIN SUPPORT, RECORDS CLERK, OTHERS $15.50 - $32.00 CROSSING GUARD $16.00 - $23.00
ENGINEERING ASSISTANT $15.50 - $22.00
ENGINEERING INTERN $15.50 - $22.00
ENGINEERING TECHNICIAN $16.85 - $36.00
FIELD ATTENDANT $15.50 - $18.00
GRAPHICS TECHNICIAN $16.85 - $33.75
INSTRUCTOR/LIFEGUARD/LAP SWIM PROGRAM ATTDNT $15.50 - $20.00 INTERN $15.50 - $22.50
IT TECHNICIAN $35.00 - $54.00
MAINTENANCE WORKER (ALL) $15.50 - $26.00
MECHANIC ASSISTANT $15.50 - $26.00
MECHANIC JOURNEYMAN $20.00 - $32.00
MUSEUM AIDE $15.50 - $21.00
PLANNER $30.00 - $54.00
POLICE OFFICER - EXTRA HELP $73.25
PRE-SCHOOL INSTRUCTOR/TEACHER $20.00 - $27.00
PRE-SCHOOL TEACHER'S AIDE $15.50 - $19.00
PROJECT ENGINEER $34.50 - $52.00
PROJECT MANAGER $26.00 - $75.00
PUBLIC SAFETY ASSISTANT $26.00 - $36.00
PUBLIC SAFETY DISPATCHER $25.00 - $58.79
PUBLIC WORKS INSPECTOR $22.50 - $62.50
RECREATION LEADER I $15.50 - $16.00
RECREATION LEADER II $16.00 - $18.00
RECREATION LEADER III $17.00 - $19.00
RECREATION SPECIALIST $17.00 - $23.00
RELIEF FOOD SERVER/SENIOR NUTRITION PROGRAM $15.50 - $17.00 RELIEF SITE MANAGER/SENIOR NUTRITION PROGRAM $15.50 - $21.00
HOURLY STEP RANGES
Range
[Page]1
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Attachment: City of Campbell Salary Schedule Temporary Employees 2023 (Amending Temporary Employees Pay Ranges) Effective: 12/12/2022
JOB TITLE HOURLY STEP RANGES
Range
SENIOR ACCOUNTING SPECIALIST $43.00 - $70.00
SENIOR INSTRUCTOR/LIFEGUARD $15.50 - $20.00
SENIOR RECREATION SPECIALIST $23.00 - $34.00
SIGNAL & LIGHTING TECHNICIAN AND ASSISTANT $15.50 - $28.00 SKATE PARK ATTENDANT $15.50 - $18.00
SPECIAL INTEREST CLASS INSTRUCTOR $15.50 - $41.50
SPORTS OFFICIAL $15.50 - $26.00
SPORTS ATTENDANT/SCOREKEEPER $15.50 - $18.00
SWIM TEAM COACH $17.00 - $27.00
TRAFFIC ENGINEERING ASSISTANT, TRAFFIC ASSISTANT $15.50 - $22.00 WORK CREW SUPERVISOR $15.50 - $28.00
[Page]2
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Attachment: City of Campbell Salary Schedule Temporary Employees 2023 (Amending Temporary Employees Pay Ranges)
City
Council
Report
TITLE: Amendment to the Classification and Salary Plan
RECOMMENDED ACTION
That the City Council adopt the Resolution amending the Classification and Salary Plan for Arborist.
DISCUSSION
Human Resources regularly updates job descriptions in response to recruitment needs and operational requirements within departments. This includes evaluating and classifying employee positions. However, the Arborist classification h as remained unchanged since its creation in 2015.
A recruitment for the currently vacant Arborist position is scheduled for May 2023. To attract the best candidates and align with the department's operational needs, a revision of the job description is necessary.
The Arborist will continue to report to the Park Maintenance Supervisor, but the job specifications will be updated to allow for leadership and direction of both temporary and permanent Parks Maintenance staff as needed for specific projects. Add itionally, the revised job specifications will enable the Arborist to manage contractual activities, including tree trimming and removal, stump removal, and potentially other maintenance tasks as well.
Attached is a resolution proposing changes to the Arb orist job classification specification.
FISCAL IMPACT
The classification is currently fully funded in the FY 2023 adopted Budget. As such, no budgetary adjustments are necessary.
ALTERNATIVES
1. Do not amend the Classification and Salary Plan by modifyi ng the attached class specification.
2. Recommend alternative changes to the class specification.
Item: 10
Category: CONSENT CALENDAR
Meeting Date: May 2, 2023
10 Packet Pg. 60
Amendment to the Classification and Salary Plan Page 2 of 2 Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution_Classification and Salary Plan_Update Arborist b. Arborist_ Job Spec Final
c. Arborist_Track Changes
10 Packet Pg. 61
RESOLUTION NO. __________
RESOLUTION AMENDING THE CLASSIFICATION AND SALARY PLAN
WHEREAS, the City Manager is required by Section 2.12.030 of the Campbell Municipal code to prepare and submit to the City Council recommendations for the reorganization of offices, departments, and positions which are considered to be in the best interest of efficient, effective and economical conduct of the municipal services provided by the City; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code prov ides that the City Council may, from time to time, by resolution, change the compensation of employees of said City, and may, by resolution, adopt salary and wage scales; and
WHEREAS, a review has been conducted; and
WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Municipal Code Section 2.12.030.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve the revision of the class specification for Arborist.
PASSED AND ADOPTED this 2nd day of May 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Resolution_Classification and Salary Plan_Update Arborist (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: May 2, 2023
ARBORIST
DEFINITION
Under general supervision, performs a variety of tree maintenance work including trimming; assists with the coordination and implementation of the City’s tree and landscap e and median maintenance programs; performs tree assessments and prepares arborist reports; prepares daily records and reports; prepares and monitors program budget; manages City contractors in tree trimming and removal activities; works with and leads fie ld crews and employees in involving the care and maintenance of trees; may supervise, provide lead direction, and evaluate the work of Parks Maintenance personnel; ex ercises judgment in appraising condition of trees, especially with regard to public safety; supervises the use of rigging and other equipment ; provide work assignments and technical direction for Parks Maintenance teams; does related work as required.
TYPICAL DUTIES
Assists in planning, developing , and coordinating the prepara tion of City t rees, park strip , and maintenance contracts; assists in the planning, developing and coordinating of the City’s median landscaping program, weed abatement , and insect and disease control; coordinates landscape and tree trimming activities wit h appropriate City departments and other public agencies; performs tree risk and condition assessments and reports; consults and review s with public and private contractors on landscape tree and median island maintenance projects; assists in handling citiz en service req uests regarding tree and landscape problems; responds to inquiries regarding tree and landscape problems from citizens and other City departments; review tree removal applications for private development for small and medium scale projects; reviews and administers routine contractual work on trimming a nd removing trees in City parks and in Public right -of-ways; prepares contracts for subdivision tree planting, trimming of young and mature trees, replacement tree planting and tree and stump rem oval; assists in the training of City landscape maintenance crews; assists in review of herbicides and pesticides used by City crews; plants, transplants, trims and removes trees utilizing climbing equipment or aerial truck; removes tree stumps with stump grinder or tru ck and chain gear; sets up traffic control devices and directs traffic; operates a variety of power and motorized equipment; maintains equipment and tools; applies chemicals to trees and shrubs, conducts tree inspections, maintains basic work records, prepares daily records and reports; work irregular hours in the performance of storm patrol and emergency repair work as necessary; provides lead direction to Parks Maintenance crews and City contractors in pruning and removal of trees and limbs; supervises the use of rigging and other equipment; supervises subordinates engaged in hazardous tree topping operations ; supervises the work of others, is responsible for maintaining department standards; performs other related duties as required.
EMPLOYMENT STANDARDS
Education and Experience: Equivalent to completion of the twelfth grade. Four years of related experience in tree maintenance work , including lead worker experience. A current Arborist Certification from the
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Attachment: Arborist_ Job Spec Final (Amendment to the Classification and Salary Plan) International Society of Arboriculture.
Knowledge of: Trees/plant materials and problems associated with each species; methods and techniques used in planting, nurturing, and maintaining a variety of trees and landscape properties; techniques, tools , and equipm ent used in tree maintenance work; tr ee species, chemicals , and insects; supervision and organizational principles; customer service and basic supervisory principles and safe work practices. Public agency procurement and contract management techniques.
Ability to: Effectively and safely use tools and equipment; perform heavy physical labor; operate trucks and other appropriate motorized equipment; work in inclement weather, work extended or
irregular hours; accurately maintain basic records; understand and carry out oral and written instructions; establish and maintain effective working relationships; and deal effectively with the public; supervise, train, and evaluate subordinate personnel; frequently sit, stand, walk, use hands and fingers to handle or feel objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, or crouch work in an environment with frequently loud noise, exposure to wet and/or humid conditions and vibration, and exposure to street/road traffic, regularly lift and/or move up to 60 pounds and occasionally lift and/or move up to 100 pounds. Must also possess physical ability to load, unload, and maneuver a variety of materials such as brush, limbs, and mulch weighing up to 150 pounds from truck beds or trailers with equipment.
Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.
Possession of: Valid California Driver's License.
Valid Certification by the International Society o f Arboriculture (ISA)
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Division
The City of Campbell is and Equal Opportunity Employer
Rev. ’15, ‘23
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Attachment: Arborist_ Job Spec Final (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: April 18,
2023May 2, 2023
ARBORIST
DEFINITION
Under general supervision, performs a variety of tree maintenance work including trimming; assists with the coordination and implementation of the City’s tree and landscape and median maintenance programs; performs tree assessments and prepares arborist reports; prepares daily records and reports; prepares and monitors program budget; manages City contractors in tree trimming and removal activities; works with and leads field crews and employees in involving the care and maintenance of trees; may supervise, provide lead direction, and evaluate the work of Parks Maintenance personnel; ex ercises judgment in appraising condition of trees, especially with regard to public safety; supervises the use of rigging and other equipment ; provide work assignments and technical direction for Parks Maintenance teams; does related work as required.
TYPICAL DUTIES
Assists in planning, developing , and coordinating the prepara tion of City trees, park strip , and maintenance contracts; assists in the planning, developing and coordinating of the City’s median landscaping program, weed abatement , and insect and disease control; coordinates landscape and tree trimming activities wit h appropriate City departments and other public agencies; performs tree risk and condition assessments and reports; consults and review s with public and private contractors on landscape tree and median island maintenance projects; assists in handling citiz en service requests regarding tree and landscape problems; responds to inquiries regarding tree and landscape problems from citizens and other City departments; review tree removal applications for private development for small and medium scale projects; reviews and administers routine contractual work on trimming a nd removing trees in City parks and in Public right -of-ways; prepares contracts for subdivision tree planting, trimming of young and mature trees, replacement tree planting and tree and stump rem oval; assists in the training of City landscape maintenance crews; assists in review of herbicides and pesticides used by City crews; plants, transplants, trims and removes trees utilizing climbing equipment or aerial truck; removes tree stumps with stump grinder or truck and chain gear; sets up traffic control devices and directs traffic; operates a variety of power and motorized equipment; maintains equipment and tools; applies chemicals to trees and shrubs, conducts tree inspections, maintains basic work records, prepares daily records and reports; work irregular hours in the performance of storm patrol and emergency repair work as necessary; Supervises provides lead direction to and directs Parks Maintenance crews and City contractors in pruning and remo val of trees and limbs; supervises the use of rigging and other equipment; supervise s subordinates engaged in hazardous tree topping operations; supervises the work of others, is resp onsible for maintaining department standards; performs other related duties as required.
EMPLOYMENT STANDARDS
Education and Experience: Equivalent to completion of the twelfth grade. Four years of related experience in tree maintenance work , including lead worker experience. A current Arborist Certification from the Formatted: Font: (Default) Arial
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Attachment: Arborist_Track Changes (Amendment to the Classification and Salary Plan) International Society of Arboriculture.
Knowledge of: Trees/plant materials and problems associated with each species; methods and techniques used in planting, nurturing, and maintaining a variety of trees and landscape properties; techniques, tools , and equipm ent used in tree maintenance work; tree species, chemicals , and insects; supervision and organizational principles; customer service and basic supervisory principles and safe work practices. Public agency procurement and contract management techniques.
Ability to: Effectively and safely use tools and equipment; perform heavy physical labor; operate trucks and other appropriate motorized equipment; work in inclement weather, work extended or
irregular hours; accurately maintain basic records; understand and carry out oral and written instructions; establish and maintain effective working relationships; and deal effectively with the public; supervise, train, and evaluate subordinate personnel; frequently sit, stand, walk, use hands and fingers to handle or feel objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, or crouch,. work in an environment with frequently loud noise, exposure to wet and/or humid conditions and vibration, and exposure to street/road.
RThe noise level in the work environment is frequently loud.
The employee is frequently exposed to wet and/or humid
conditions and vibration; is exposed to street/road traffic.
Regularly lift and/or move up to 60 pounds and occasionally lift and/or move up to 100 pounds. Must also possess physical ability to load, unload, and maneuver a variety of materials such as brush, limbs, and mulch weighing up to 150 pounds from truck beds or trailers with equipment. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.
Possession of: Valid California Driver's License.
A current Arborist Certification from the International Society of Arboriculture.Valid Certification by the International Society of Arboriculture (ISA)
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation to qualified individuals with disabilities and encourages
both prospective and current employees to discuss potential accommodations with the Human Resources Division
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Attachment: Arborist_Track Changes (Amendment to the Classification and Salary Plan) The City of Campbell is and Equal Opportunity Employer
EstRev.. 8/15’15, ‘23
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Attachment: Arborist_Track Changes (Amendment to the Classification and Salary Plan)
City
Council
Report
TITLE: Public Hearing to Consider the Request of Joma Studio Architects for Property Located at 24 -28 E. Campbell Avenue to Allow Construction of a 3 -Story, Approximately 8,000 Square -Foot Mixed - Use Building, Consisting of Ground-Floor and 2Nd-Level (Mezzanine) Commercial/Office Space, and Three 1 -Bedroom Upper -Level Apartment Units. the Application Under Consideration Includes a Planned Development Permit. File No.: PLN-2022-79. (Resolution/Roll Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council adopt a Resolution approving a Planned Development Permit to allow construction of a 3 -story, approximately 8,000 square-foot mixed-use building.
ENVIRONMENTAL (CEQA) DETERMINATION
The Planning Commission recommend that the City Council accept a determination that this project is Categorically Exempt from environmental review under Section 15332 of the California Environmental Quality Act (CEQ A), pertaining to In -Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses.
PROJECT DATA
Zoning Designation: P-D (Planned Development)
General Plan Designation: Central Commercial
Proposed Density: 23.3 units/gr. acre (up to 27 units/gr. acre Max.
Density)
Lot Area
Gross Lot Area: 5,600 square-feet (to Street Centerline) Existing Net Lot: 4,400 square-feet (current)
New Lot Area: 4,320 square-feet (post-dedication)
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: May 2, 2023
11 Packet Pg. 68
PLN-2022-79 ~ 24-28 E. Campbell Ave Page 2 of 11
Building Height (New): 41 feet1 45 feet (Max. Allowed)
Building Square Footage : 7,943 square-feet
Parking: 0 stalls 0 stalls (per AB 2097)
Floor Area Ratio (FAR) 1.052 1.5 (Max. Allowed)
Building Setbacks Proposed Required
Front (north): ¾ feet N/A
Sides (west): 0 feet N/A
Sides (east): ½ feet N/A
Rear (south): 15 feet N/A
BACKGROUND
The Planning Commission considered this application at its meeting of March 28, 2023 .
The Commission's discussion was largely limited to parking (reference Attachment B – PC Meeting Minutes). As discussed in this report, the project is not required to provide parking pursuant to AB-2097, which restricts the City from applying a parking standard for any project within one-half mile of major public transit. Upon conclusion of the public hearing, the Planning Commission unanimously (6 -0) recommended approval of the application (Ching absent).
DISCUSSION
Project Site: The project site consists of two small parcels, approximately 4,400 square- feet in area, located along East Campbell Avenue, one parcel east of South Winchester Boulevard, within the P-D (Planned Development) Zoning District and the Central Commercial General Plan Land Use District, and subject to the Downtown Development Plan. The site borders retail buildings to the east and west, and residential uses to the south, as shown, below. The property is currently developed with a retail building (Heroes Comics) and a two-level dwelling on the rear parcel. Both structures would be demolished as part of the proposed project.
1 Building height is measured to the top "building's highest roof surface," except for "roof structures for th e housing of elevators, stairways, tanks…" (CMC Sec. 21.18.05). As such, the building height is measured to the top roof surface of the rooftop restroom rather than the elevator or stairway enclosures or the surface level of the primary building roof.
2 For a mixed-use building, the FAR excludes the residential component of the building per CMC Sec.
21.36.130.B.3, and consistent with Housing Element Program H-4.2a (Mixed-Use Development). 11 Packet Pg. 69
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Proposed Project: The submitted application for a Planned Development Permit would allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building, consisting of ground -floor and 2nd -level (mezzanine) commercial/office space, three one-bedroom upper-level apartment units, and a rooftop deck (with a restroom facility), as depicted in the submitted Project Plans (referenced Attachment C)
Scope of Review: This application does not constitute a "housing development project" under the Housing Accountability Act in that less than two -thirds of the square footage comprises residential use (approximately 49% of the building). 3 As such, the City Council may exercise its discretion to apply non -objective design criteria in its review of the proposal, as it finds necessary to establish the findings for approval, as discussed, below.
ANALYSIS
Consideration in Review of Applications : In review of a Planned Development Pe rmit, the Zoning Code (CMC Sec. 21.12.030.H.5) directs the decision -making body to consider certain design and layout aspects of the proposal prior to rendering a decision, referenced to as "considerations". The following identifies these considerations an d application consistency.
A. Considerations relating to site circulation, traffic congestion, and traffic safety:
Traffic Congestion: The proposed mixed-use building did not require a traffic study per the thresholds established by the VTA Congestion Management Program; therefore the project will not have a discernable effect on traffic conge stion in the area. Additionally, since the project site is within one -half mile of the Downtown Campbell Light -Rail
3 The project is also not subject to the Housing Crisis Act's replacement requirement of "protected units" for this reason.
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Station, it is exempted from Vehicles -Miles-Traveled (VMT) analysis per the City's VMT policy.
Traffic Safety and Site Circulation : Under the recently adopted law, AB -2097, the City is precluded from applying a parking standard for any project within one - half mile of major public transit. As such, the pro ject is not required to provide, nor is proposing to provide, any parking facilities. Therefore, there are no traffic safety or site circulation issues since the site would lack these features.
B. Considerations relating to landscaping: There is no landscapin g requirements applicable to this project. However, a small quantity of landscaping is proposed along the sides of the building as shown on the site plan.
C. Considerations relating to structure and site layout:
Structure Siting : As an urban in -fill project within the P -D Zoning District, the proposed building will be situated to occupy the majority of the project site. This would result in the lack of traditional open -space areas. However, the project would include an accessible rooftop deck spanning the ent irety of the building that will provide recreational space for the residents (enhanced by a rooftop restroom). Additionally, each of the units will also have a private balcony or terrace.
Site Layout : The proposed building would be placed immediately behin d the public sidewalk, comparable to most of the buildings in Downtown Campbell. The Public Works Department is requiring that the project dedicate two -feet of property along the frontage to allow for a widened 10 -foot public sidewalk. This is a lesser imp rovement than that described in the Winchester Boulevard Master Plan. Although the project site is located within the Downtown Development Plan, the Winchester Boulev ard Master Plan has a slight overlap in this area, in the street improvement section of document, where it recommends that the City evaluate new curbside parking, as excerpted, below. Given the already compact size of this property, staff determined that r equiring such a large dedication of land (7 -8 feet) would represent a disproportional exaction with respect to the proposed development.
[Page 35] Improvements are recommended for the southerly portion of the Winchester/Campbell Avenue intersection as well . These include new sidewalk and street lighting, a bulb -out at the southwest corner (no lane modification required), and reconfiguration of the southerly frontage of East Campbell Avenue to accommodate curbside parking if new development occurs, similar t o conditions within Downtown. This would require dedication of 7 to 8 feet of property along frontage to allow for this parking area and a sidewalk space.
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Design Guidelines: The Zoning Code also directs the decision-making body to "take into consideration any relevant design guidelines that have been adopted by the city" (CMC Sec. 21.12.030.E). As such, the following provides an analysis of the design guidelines found in the Downtown Campbell Development Plan:
• Building Articulation: Given the unique character of the Downtown district, new development and major rehabilitation projects shall incorporate the traditional architectural style, articulation and det ails that reflect the City’s history and promote its future.
Three primary building materials are proposed —stacked stone, stucco, and composite siding—accented with metal elements that along with varied wall planes and ample fenestration, result in well -articulated elevations that lend layers of depth to the building. The overall design approach provides a contemporary appearance using traditional materials and building forms, consistent with newer development in the Downtown. A condition of approval will require the applicant to provide physical samples of all materials prior to issuance of a building permit to ensure that their quality satisfies the design expectations of the Downtown Development Plan and the Campbell General Plan.
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Of note, the design treatment extends along the west elevation, shown, below, which will be visible through the adjacent parking lot until such time that the neighboring property (Subway/ Psycho Donuts) is itself developed in the future.
• Building Orientation and Layout : New development and major rehabilitation projects shall orient buildings on the street to create a continuous development pattern geared to the pedestrian.
The ground floor showroom/retail space will connect directly onto the Campbell Avenue sidewalk to provi de a strong pedestrian -connection (residential access will be taken from the side of the building via a walkway). Due to the property's narrowness, this storefront would extend only 35 -feet in width, which is roughly equal to the width of the neighboring " The Energy House" building, which would maintain the development pattern of this segment of East Campbell Avenue 11 Packet Pg. 73
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• Ground-Level Design Features : The Ground -Level in the Downtown shall include design features, such as consistent streetscape patterns, outdoor areas, display windows, and building articulation, which is attractive and pedestrian - oriented.
The proposed building will incorporate expansive street -level glazing with a two - level high ground-floor. As illustrated in the project's streetscape drawing, b elow, the proposed building aligns with the linear extent of the adjacent building and is only approximately 50% taller. The building's massing is also minimized such that the upper-level, beyond the terrace, is stepped back from the lower two -levels by 20-feet, which will result in a 2 -story feel at the street -level. This will maintain a pedestrian-oriented scale that is consistent with the established streetscape pattern of this portion of E. Campbell Avenue:
Findings for Approval : To g rant a land use approval, the decision -making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditi ons of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under revie. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them.
Planned Development Permit Findings
A. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification.
Since the project site is already zoned P -D (Planned Development) the applicant is compelled to build under the provisions of this zoning district, such that this finding is not directly applicable. Nonetheless, based on consistency with the considerations for review and the design guidelines of the Downtown Development Plan, the proposed project would serve the further the intent of the P-D (Planned Development) Zoning District by resulting an appropriately scaled 11 Packet Pg. 74
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and well -designed urban -infill building at the westerly edge of the City's Downtown.
B. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area.
The property's Central Commercial land use designation is described by the General Plan as intending to accommodate urban -scale development designed to enhance the pedestrian-oriented of the broader Downtown area.
Central Commercial: The Central Commercial designation is used for the heart of Campbell including parts of Campbell and Winchester Avenues in Downtown Campbell. This a rea is intended to provide shopping, services and entertainment within a pedestrian oriented, urban environment.
Building forms in this designation edge the street and should include retail commercial uses on the ground floor with either office or resident ial uses on the second and third floors.
The proposed mixed -use building would further the vision by providing street - level commercial space, with upper -level apartments units. This outcome would be consistent with Downtown Development Plan Policy LU -5.1 and General Plan Strategies LUT-14.6 and LUT -19.1a, which encourages mixed -use development in the Downtown area, and generally within the City, respectively.
Policy LU-5.1: Mixed Use Projects : Encourage property owners and developers to consider residenti al mixed use projects
where appropriate, particularly east of the light rail
tracks, to facilitate housing adjacent to mass transit
and to help create a "24 hour" Downtown community.
Strategy LUT-14.6: Mixed Residential and Non -residential Uses: Allow residential uses that are mixed whether horizontally or vertically with non-residential uses.
Strategy LUT-19.1a: Mix of Uses : Encourage a compatible mix of uses (i.e. professional offices, services and retail
uses) with ground floor retail uses.
The proposed project will also maximize the use of a small property with a 3 - story mixed -use building in an urban -scale, appropriate for a downtown environment, without exceedance of any applicable development standards (height, FAR, density), consistent with Downtown Development Plan Policies LU-
1.1 and LU-7.1:
Policy LU-1.1: Development Potential: To maximize the development potential of property within the C -3 zone, particularly ground floor retail, restaurants, and other pedestrian
oriented uses.
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Policy LU-7.1: Urban/Small Town Densities: Downtown development should achieve densities and development patterns
consistent with urban centers and central businesses
districts, while maintaining a small town scale.
Moreover, the project would add new development beyond the Downtown's traditional core (i.e., the area bounded by the loop streets) that will serve to strengthen the connection between Downtown Campbell and the Winchester Boulevard corridor, in furtherance of Goal LU-6 and Policy LU-6.1.
Goal LU-6: To promot e and encourage development along the loop streets, and beyond.
Policy LU-6.1: Expansion of Downtown: Facilitate and encourage the evolution of the Downtown beyond the loop streets,
eastward to the Hwy 17 overpass and westward to
the Community Center, thr ough public improvements,
urban design and land use patterns that connect, both
visually and physically this stretch of Campbell
Avenue.
The project site is located ⅓ mile (7 -minute walk) from the Downtown Campbell Light-Rail Station and also within the bo undary of the City's "Priority Development Area" (PDA),and is therefore considered a transit -oriented development. As it such, the project also satisfies the intent of General Plan Strategy LUT -1.5a and Strategy LUT -2.11 to locate housing closer to public transit and services to lower greenhouse gas emissions and improve air quality by reducing private automobile usage.
Strategy LUT-1.5a: Transit-Oriented Development : Encourage transit - oriented developments including employment centers
such as office and research and development
facilities and the city’s highest density residential
projects by coordinating the location, intensity, and
mix of land uses with transportation resources, such
as Light Rail.
Strategy LUT-2.1l: Transit-Oriented Development: Coordinate with regional transportation agencies including VTA and
the Metropolitan Transportation Commission (MTC) to
improve public transportation service and promote
public transit as a viable alternative to driving,
particularly within the Priority Developm ent Areas
(PDA).
Furthering the transit-orientation of the project, no parking is proposed, which will serve to encourage greater of alternative transportation solutions, consistent with Policy LUT-2.1:
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Policy LUT-2.1: Encourage the use of alternative t ransportation such as ridesharing, public transit, walking and bicycling to reduce reliance on automobile use.
With regard to achieving planned -for densities, Housing Element Policy H -4.3 directs certain projects to achieve 75% of the maximum allowable density. With a maximum density of 27 units/gr. acre, a minimum density 20.25 gr. acre is required for this project, which is satisfied by the proposed density of 23.3 units/gr. acre.
Policy H-4.3: Planned For Densities: To encourage the efficient and sustainable use of land, the City encourages
residential development that is proposed near existing
light rail stations (within ¼ mile radius) and/or within the boundaries of the Winchester Boulevard Plan and
East Campbell Avenue plan areas, to achieve at least
75 percent of the maximum General Plan Land Use
category densities.
Lastly, as discussed above, the proposed project reflects a contextually - appropriate architectural approach that will incorporate a palette of high -quality materials, consistent with Pol icy LUT -9.3 and supporting Strategies LUT -9.3d and 9.3e:
Policy LUT-9.3: Design and Planning Compatibility : Promote high quality, creative design and site planning that is
compatible with surrounding development, public
spaces, and natural resources.
Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the
street, including human scale details and massing
that engages the pedestrian.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to
ensure the long-term quality of the built environment.
C. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning di stricts which are consistent with the general plan.
The comparable zoning district that is consistent with the subject property's Central Commercial land use designation is the C -3 (Central Business District) Zoning District. As specified by CMC Sec. 21.1 0.060.D, Table 2 -11b (General Development Standards) , the C -3 Zoning District has a maximum residential 11 Packet Pg. 77
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density of up 27 units/gr. acre. The proposed project would result in a density of
23.3 units/gr. acre in compliance with this maximum.
D. The proposed d evelopment would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole.
A small -mixed use building, consistent with the General Plan, does not present any potential to be injurious to the public health and safety.
FISCAL IMPACT
This application will result in the payment of building permit fees and park in-lieu fees.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. 2-28 E Campbell Ave Item ( Abridged Planning Commission Meeting Minutes) c. Project Plans
11 Packet Pg. 78
RESOLUTION NO. ___
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO
ALLOW CONSTRUCTION OF A 3 -STORY, APPROXIMATELY 8,000
SQUARE-FOOT MIXED -USE BUILDING, CONSISTING OF
GROUND-FLOOR AND 2ND -LEVEL (MEZZANINE) COMMERCIAL/
OFFICE SPACE, AND THREE 1 -BEDROOM UPPER -LEVEL
APARTMENT UNITS , FOR PROPERTY LOCATED AT 24-28 E.
CAMPBELL AVENUE. FILE NO.: PLN-2022-79
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to the recommended approval of a Planned Development Permit (PLN-2022-79):
1. The Proposed Project is application for a Planned Development Permit ( PLN-2022- 79) to allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building, consisting of ground -floor and 2nd -level (mezzanine) commercial/office space, and three 1-bedroom upper-level apartment units.
2. The Project Site consists of two small parcels, approximately 4,400 square -feet in area, located along East Campbell Avenue, one parcel east of South Winchester Boulevard.
3. The Project Site is designated by the Campb ell Zoning Map as P -D (Planned Development) and by the Campbell General Plan Land Use Diagram as Central Commercial.
4. The Project Site is within the boundaries of the Downtown Development Plan, which is incorporated as an appendix to the Campbell General Plan.
5. The Proposed Project does not constitute a "housing development project" under the Housing Accountability Act in that less than two -thirds of the square footage comprises residential use (approximately 49% of the building).
6. The Proposed Pro ject's three residential units would result in a density of 23 .3 units/gr. acre ( 3 units ÷ . 0.128 acres), consistent with the density range of the Central Commercial (up to 27 units/gr. acre) designation , as established by the corresponding C-3 (Central Business District) Zoning District.
7. The Proposed Project is not subject to a Parking Modification Permit requirement pursuant Government Code § 65863.2, which precludes the City from imposing or enforcing a parking requirement for a development project located within one -half mile of public transit. The Project Site is within one -half mile of the Downtown Campbell Light-Rail Station.
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8. Pursuant to CMC Sec. 21.36.130.B.3 and consistent with Housing Element Program H-4.2a (Mixed-Use Development), the proposed floor area ratio (FAR), excludes the residential component of the building.
9. Pursuant to CMC 21.18.05, b uilding height is measured to the top "building's highest roof surface," except for "roof structures for the housing of elevators, stairways, tanks…"As such, the building height is measured to the top roof surface of the rooftop restroom rather than the elevator or stairway enclosures or the surface level of the primary building roof.
10. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual , the Proposed Project would result in less than 100 new AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact Analysis (TIA) Guidelines.
11. The City evaluated the potential for new curbsi de parking along the Project Site's East Campbell Avenue street frontage, as specified by the Winchester Boulevard Master Plan ('Community Center / Downtown Link,' Pg. 35-36) and determined that in in consideration of the compact size of the subject property, requiring such a large dedication of land (7 -8 feet) would represent a disproportional exaction that would infringe on the owner's property rights.
12. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LU-5.1: Mixed Use Projects : Encourage property owners and developers to consider residential mixed use projects where appropriate, particularly east of the light ra il tracks, to facilitate housing adjacent to mass transit and to help create a "24 hour" Downtown community.
Strategy LUT-14.6: Mixed Residential and Non -residential Uses: Allow residential uses that are mixed whether horizontally or vertically with non-residential uses.
Strategy LUT-19.1a: Mix of Uses : Encourage a compatible mix of uses (i.e. professional offices, services and retail uses) with ground floor retail uses.
Policy LU-1.1: Development Potential : To maximize the development potential of property within the C -3 zone, particularly ground floor retail, restaurants, and other pedestrian oriented uses.
Policy LU-7.1: Urban/Small Town Densities : Downtown development should achieve densities and development patterns consistent with urban centers and central businesses districts, while maintaining a small town scale.
Strategy LUT-1.5a: Transit-Oriented Development : Encourage transit -oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail.
Strategy LUT-2.1l: Transit-Oriented Development: Coordinate with regional transportation agencies including VTA and the Metropolitan Transportation Commission (MTC) to improve public transportation service and promote public transit
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PLN-2022-79 – Planned Development Permit
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as a viable alternative to driving, particularly within the Priority Development Areas (PDA).
Policy LUT-2.1: Encourage t he use of alternative transportation such as ridesharing, public transit, walking and bicycling to reduce reliance on automobile use.
Policy H-4.3: Planned For Densities : To encourage the efficient and sustainable use of land, the City encourages residential development that is proposed near existing light rail stations (within ¼ mile radius) and/or within the boundaries of the Winchester Boulevard Plan and East Campbell Avenue plan areas, to achieve at least 75 percent of the maximum General Plan Land Use category densities.
Policy LUT-9.3: Design and Planning Compatibility : Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.
Strategy LUT-9.3d: Building Desi gn: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long -term quality of the built environment.
13. The City Council took into consideration the design guidelines of the Downtown Development Plan, including, but not limited to, Policy D-1.1 (Building Orientation and Layout), Policy D -1.2 (Building Articulation), and Policy D -2.1 (Ground-Level Design Features).
14. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, inc luding the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of o ff-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities.
15. The City Council further considered the landscaping design of the proposed project, including the location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, a nd other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees.
16. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole.
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PLN-2022-79 – Planned Development Permit
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17. There is a reasonable relationship and a rough proportionality bet ween the Conditions of Approval and the impacts of the project.
18. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
19. No substantial evidence has been presented which shows that the p roject, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6)
1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification;
2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would be allo wed by other residential zoning districts, which are consistent with the General Plan designation of the property;
4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole;
5. There is a re asonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project;
6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project; and
7. No subs tantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
Environmental Findings (CMC Sec. 21.38.050):
8. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects; and
9. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
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PLN-2022-79 – Planned Development Permit
24-28 E. Campbell Avenue
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit (PLN-2022-79) to allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building, consisting of ground -floor and 2nd -level (mezzanine) commercial/office space, and three 1 -bedroom upper-level apartment units, for property located at 24-28 E. Campbell Avenue , subject to the attached recommended Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this _______ day of ________________, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Draft Resolution (PLN-2022-79 ~ 24-28 E. Campbell Ave)
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2022-79
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval , adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of t he City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project : Approval is granted for a Planned Development Permit (PLN- 2022-79) to allow construction of a 3 -story, approximately 8,000 square -foot mixed- use building, consisting of ground -floor and 2nd -level (mezzanine) commercial/office space, and three 1 -bedroom upper-level apartment units , for property located at 24- 28 E. Campbell Avenue. The Approved Project shall substantially conform to the Approved Project Plans, included as Attachment 'C', in the May 2, 2023, City Council Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration : The Planned Development Permit approved herein ("Approval") shall be valid for two (2) years from the effective date of City Council approval (expiring May 2, 2025 ). Within this two-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Planning Final Required : Planning Division clearance is required prior to Building Permit final . Construction not in substantial compliance with the Approved Project Plans shall not pass inspection without prior authorization of the necessary approving body.
4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise adm inistrative remedies to compel timely completion of work.
5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.
6. Sample Materials : The applicant shall furnish physical samples of all proposed exterior materials for review by the Community Development Director. A building permit shall not be issued until the Community Development Dire ctor has approved the submitted material samples.
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7. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A.
8. Fencing: The construction plans shall reflect installation of new fencing along the side property lines, in compliance with CMC Sec. 21.18.060.
9. Utility Boxes and Back -Flow Preventers : The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back-flow preventers, indicating the location of the boxes for approval by the Community Development Director . Visible transformer(s) shall be screened with landscaping and/or artistically painted.
10. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with th e City of Campbell Lighting Design Standards (CMC Sec. 21.18.090) and shall not exceed one (1) footcandle at property line, as demonstrated by a photometric plan.
11. Noise Attenuation: In compliance with CMC Sec. 21.16.070.E, the construction plans shall incorporate all of the design recommendations of the "Environmental Noise Study," prepared by CSDA Design Group , dated October 7, 2022, and be accompanied with an updated noise study documenting compliance with its prior recommendations.
12. Rooftop Deck : Prior to issuance of a Certificate of Occupanc y, the applicant shall submit proposed usage regulations for the rooftop deck for review by the Community Development Director. The proposed usage regulations shall provide for regul ation of outdoor furnishings (e.g., umbrellas, tables, chairs), decorative plants, grills/BBQs, clotheslines, pets, noise, allowable hours of use, hot-tubs/spas, and smoking/vaping, and shall be prepared to the satisfaction of the Community Development Director .
13. Commercial Operational Standards: Use of the ground -floor commercial space is subject to the following general operational standards:
a. Land Use Restriction : The use of the gr ound-floor commercial space is limited to those land uses identified as allowable in the C -3 (Central Business District) Zoning District. Uses identified as "permitted" shall be allowable by issuance of a Zoning Clearance. Uses identified as "conditional" may be allowed by issuance of an Administrative Planned Development Permit (or successor discretionary land use permit). b. Hours of Operation : Unless otherwise authorized by a Administrative Planned Development Permit (or successor discretionary land use permit) , the hours of operation of any commercial use is limited to 6:00 AM to 11:00 PM, daily.
c. Loud Speakers : Exterior loud speakers, exterior audio sound systems, and/or public address systems are prohibited.
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d. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Sec. 6.11.060.
e. Noise: Regardless of decibel level, no noise generated within the approved buildings shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents.
f. Trash Disposal and Clean -Up: Refuse and recycling receptacles shall be kept within the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal).
g. Loitering: There shall be no loitering allowed on the premises. The business owner is responsible for monitoring the premises to prevent loitering. h. Property Maintenance: All exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property, in compliance with CMC Section 21.16.110 (Site Maintenance).
i. Landscape Maintenance : All landscaping shall be maintained in compliance with Ca mpbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance). Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.
j. Outdoor Storage: No outdoor stor age is permitted on the subject property , including the storage equipment, materials, and inoperable vehicles. k. Storefront Glazing : All storefront glazing shall remain unobscured, except for the 25% of window area permitted to be occupied with window signage.
14. Construction Activities: The applicant shall abide by the following requirements during construction:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
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e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive receptors such as existing residences and businesses.
Building Division
15. Permit Require d: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.
17. Construction Fencing : The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done.
18. Review Comments: The review comments provided by O’Brien Code Consulting, Inc., in the review letter entitled, " 2019 CBC/CRC Accessibility Only Design Review", dated July 28 , 2022, as included in the administrative record, are herein incorporated by reference.
PUBLIC WORKS DEPARTMENT
19. Scope of Review: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The existing sidewalk along the East Campbell Avenue frontage is substandard and shall be constructed to the City standard commercial sidewalk width of ten feet. The applicant will also be required to merge the two separate lots i nto one parcel through a lot line adjustment.
20. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements
b. Building Permit for On -Site / Grading & Drainage Plans: The on -site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here: https://www.campbellca.gov/DocumentCenter/View/16594
c. Street / Easement Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430
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21. Lot Line Adjustm ent for Lot Merger : Prior to issuance of any building permits for the site, the applicant shall fully complete a lot line adjustment for lot merger process.
The applicant shall submit an application for approval by the City Engineer, pay the current applic ation processing fees, process the application with City staff’s comments and fully complete the lot line adjustment.
22. Right-of-Way for Public Street Purposes: Prior to issuance of any building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the East Campbell Avenue frontage to accommodate the standard ten (10) foot commercial sidewalk, unless otherwise approved by the City Engineer. The applicant sha ll submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right - of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation.
23. Storm Drain Area Fee : Prior to issuance of any building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,650.00 per net acre, set for commercial land use.
24. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in -lieu fee shall be equal to the fee for three (3 ) new dwelling units based on the Multi-family rate, less credit for any existing legal dwelling units. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due.
25. Stormwater Pollution Prevention Measures : Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regardi ng stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.
26. Water Meter(s) and Sewer Cleanout(s) : Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line.
27. Plans / Encroachment Permit / Fees / Deposits : Prior to issuance of an y building permits for the site, the applicant shall cause plans for public street improvements to
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be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Removal of existing sidewalk, curb and gutter.
c. Installation of City standard commercial curb, gutter, and sidewalk along the project frontage.
d. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. e. Installation of new City standard storm drain manhole and a City standard storm drain lateral to provide the project a connection to the City storm drain system.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as necessary.
h. Submit final plans in a digital format acceptable to the City.
28. Street Improvements Completed for Occupancy and Building Permit Final : Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as -built drawings to the City.
29. Utility Coordination Plan : Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and s ize of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.
30. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be sub ject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.
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31. Utility Encroachment Permit : Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.
32. Additional Street Improvements : Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.
FIRE DEPARTMENT
33. Fire Sprinklers Required : (As noted on Sheet T) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor( s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C -16) Fire Protection Contractor shall s ubmit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903
34. Fire Alarm Requirements : (As noted on Sheet T) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 341-4420 for more information.
35. Standpipes Required: (As noted on Sheet T) Standpipe systems shall be provided in new buildings and structures where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high -piled combustible storage, fire hose protection shall b e in accordance with Chapter 32 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905.
36. Required Aerial Access : (As noted on Sheet A5.2) Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
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access roadway. 2 Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. [CFC Chp. 5 and SCCFD SD&S A-1].
37. Public/Private Fire Hydrant(s) Required: (As noted on Sheet A1.0) Provide public fire hydrant(s) at location(s) to be determined jointl y by the Fire Department and Cal Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1000 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public st reets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. Submit hydrant spotting plan to SCCFD office. New public fire hydrant spotting plans shall be approved by SCCFD and San Jose Water company prior to building permit approval.
38. Ground ladder access: (As noted on Sheet A5.2) Ground -ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
39. Standpipes Required: (As Noted on Sheet T) Standpipe sy stems shall be provided in new buildings and structures in accordance with this section. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire departmen t hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high -piled combustible storage, fire hose protection shall be in accordance with Chapter 32.
Installation standard. Standpipe systems shall be installed in acc ordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905.
40. Emergency Gate/Access Gate Requirements : (As noted on Sheet T) Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required 20' width for emergency access roadways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access device. If t he gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. CFC Sec. 503.6 and 506.
41. Required Fire Flow : (Letter received) The minimum require fireflow for this project is 1,000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3].
42. Two-way communication system : (As noted on Sheet T) Two -way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition),
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the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2016 edition), and the city ordinances where two way system is being installed, policies, and standards. Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA 72.
43. Fire Department Connection : (As Noted on Sheet A1.0) The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two -and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose l ines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].
44. Emergency responder radio coverage in new buildings : (As noted on Sheet T) All new buildings shall have approve d radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.
45. Buildings and Facilities Access : (As Noted on Sheet A1.0) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an ap proved route around the exterior of the building or facility. [CFC, Section 503.1.1].
46. Address identification: (As Noted on Sheet T) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and t he building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.
Address numbers shall be maintained. CFC Sec. 505.1.9.
47. Water Supply Requirements: (As Noted on Sheet T) Potable water suppli es shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water - based fire protection systems, and/or fire suppression water
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supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are doc umented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
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Applicant spoke and stated that the warehouse is storage for business.
Chair Buchbinder closed public comment.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission adopted Resolution No. 46 66 approving a Site and Architectural Review Permit to allow construction of an approximately 5,350 square -foot industrial building with a requested increase to the allowable Floor Area Ratio (FAR), elimination of the side and rear setbacks, and a reduction to the requir ed landscaping ar ea, on property located at 911. S.
McGlincy Lane in the M -1 (Light Industrial) zoning district. File No.:
PLN-2019-58., by the following roll call vote:
AYES: Fields, Ostrowski, Krey, Buchbinder, Kamkar, Zisser NOES: None
ABSENT: Ching
ABSTAIN: None
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Fields, the Planning Commission adopted Resolution No. 46 67 denying without prejudice a variance to allow retention of existing overhead utility lines to serve a proposed development on property located at 911 S McGlincy Lane, by the following roll call vote:
AYES: Fields, Ostrowski, Krey, Buchbinder, Kamkar, Zisser NOES: None
ABSENT: Ching
ABSTAIN: None
Chair Buchbinder read Agenda Item No. 3 into the record as follows:
3. PLN-2022-79 Public Hearing to consider the request of Joma Studio Architects for property located at 24-28 E. Campbell Avenue to allow construction of a 3 -story, approximately 8,000 square-foot mixed-use building, consisting of ground-floor and 2nd-level (mezzanine) commercial/office space, and three 1 - bedroom upper -level apartment units. The application under consideration incl udes a Planned Development Permit. File No.: PLN -2022-79. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City
Council Meeting Date: May 2, 2023. Project Planner: Daniel Fama, Senior Planner
Senior Planner Fama presented staff report to allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building, consisting of ground -floor and 2nd-level (mezzanine) commercial/office space, and three 1 -bedroom upper -level apartment units
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Planning Commissioners confirmed with Senior Planner Fama that parking could not be required on this type of project.
Senior Planner Fama confirmed that the narrow sidewalk will be broadened and become a standard commercial sidewalk of 10 feet..
Dan Sarkisian, neighbor, stated that he does not see much parking incorporated in the project and wants to know where tenants of the property will be parking.
Architect, Anthony Joma. Feel stated that in lieu fee can work in their case. Would like to keep mass similar to the adjacent building. Have integrated a separate residential entry to the building. Would like to maintain commercial continuity. Would like to maintain street character and façade.
Planning Commissioners asked applicant what lot is being shared; whether the parking agreement is for business; quantity of parking stalls; and where the tenants will park.
Applicant Payman Farzaneh clarified that the lot where the Subway is located will be shared with the business, per the parking agreement, and that the four stalls located at the rear of the property will be for tenants.
Chair Buchbinder closed public comment.
Planning Commissioners were in support of project and proposed design. Were glad to hear there was a parking agreement in an area where there is not much available parking.
Motion: Upon motion by Commissioner Zisser, seconded by Commissioner Kamkar, the Planning Commission adopted Resolution No. 46 68 recommending that the City Council approve a Planned Development Permit to allow construction of a 3 -story, approximately 8,000 square - foot mixed use building, consisting of ground -floor and 2 nd level (mezzanine) commercial/office space, and three 1 -Bedroom upper level apartment units, for property located at 24-28 E. Campbell Avenue. File No.: PLN-2022-79., by the following roll call vote:
AYES: Fields, Ostrowski, Krey, Buchbinder, Kamkar, Zisser NOES: None
ABSENT: Ching
ABSTAIN: None
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. During Spring of 2022, Cal Poly students presented a Campbell Development Plan, students applied for a planning award and were awarded. Email last spring for cal poly. Applied for planning award and were awarded.
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2. City Council will be considering items from 3/27/23 PC Special Meeting on April 18, 2023 at 4pm.
3. There was an appeal on 68 Page St. City Council continued the item. Item will come back to City Council on May 3rd.
Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Krey, the Planning Commission agreed to agendize discussion of a declaration of Shelter Crisis according to California Government Code 8698.4, by the following roll call vote:
AYES: Fields, Ostrowski, Krey, Buchbinder, Kamkar, Zisser NOES: None
ABSENT: Ching
ABSTAIN: None
ADJOURNMENT
The Planning Commission regular meeting adjourned at 8:45p.m. to the next Regular Planning Commission Meeting on Tuesday, April 11 , 2023, at City Hall, Council Chambers, 70 N. First Street, Campbell, CA.
SUBMITTED BY: ______________________________________
Ken Ramirez, Administrative Analyst
APPROVED BY: ______________________________________
Adam Buchbinder, Chair
ATTEST: ______________________________________
Rob Eastwood, Secretary
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Attachment: 2-28 E Campbell Ave Item ( Abridged Planning Commission Meeting Minutes) (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/i255/3/4/5/6/7
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11.c
Packet Pg. 97
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/i255/3/4/5/6/7/1/8/0/9/6/10/i255/i255
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11.c
Packet Pg. 98
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/i255/i255
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11.c
Packet Pg. 99
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/i255/i255
/7/8/9/10/4/1/11/i255/12/9/5/i255/13/14/13/15/16 /2/11/4/5/i255/i255/i255/14/14/17/13/15/17/13/15/13/13/i255/i255/i255 /2/7/12/5/i255/18/14/13/19/15/20/19/15/21/18/i255/22/i255/18/14/13/19/15/20/19/15/21/23 /2/0/i255/12/9/11/4/16
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11.c
Packet Pg. 100
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/i255/i255
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/14
/13
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/7/8/9/10/4/1/11/i255/0/25/11/4
11.c
Packet Pg. 101
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/i255/i255
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11.c
Packet Pg. 102
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/i255/i255/1/4/5/1/i255/i255/6/5/7/8/9/10/i255/i255/11/i255/i255/12/13/10/7/14/4/15/12/14/8/13/10/0/1/2/i255/i255/1/4/5/1/i255/i255/6/5/7/8/9/10/i255/i255/11/i255/i255/12/13/10/7/14/4/15/12/14/8/13/10 /16/17/18/19/20/21/16/17/18/19/16/17/21 /16/17/18/19/20/21 /22/23/18/19/24/21/23/18/19/20/21
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11.c
Packet Pg. 103
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/6/7/3/8/i255/10/i255/1/11/8/3/2/12/8/i255/10/i255/13/6/8/i255/5/14/13/8/i255/10/i255/0/1/2/3/i255/4/1/12/8/i255/10/i255/15/6/11/12/3/5/8 /16/17/18/19/20/21/i255/19/23/24/25/20/26 /27/28/29/30/31/32/33/34 /16/25/35/23/36/35/26/18
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11.c
Packet Pg. 104
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/i255/6/7/3/8/9/3/i255/0/1/2/3/i255/2/10/8/2/i255 /2/10/3/i255/11/12/1/0/2/i255/13/12/14/i255/11/7/1/1/12/i255 /2/12/3/7/7/15/9/i255/10/8/9/i255/16/3/3/0/i255/1/17/15/2/2/3/14/i255
11.c
Packet Pg. 105
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/i255/i255/1/4/5/1/i255/i255/6/5/7/8/9/10/i255/i255/11/i255/i255/12/13/10/7/14/4/15/12/14/8/13/10 /16/17/18/19/20/i255/22/23/24/25/26/i255/27
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11.c
Packet Pg. 106
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/6/1/2/3/4/5/5/1/2/6/4/7/1/2/3/4
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11.c
Packet Pg. 107
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/1/2/6/4 /7/1/2/6/4
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11.c
Packet Pg. 108
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/1/5/i255/7/2/8/0/9/i255/10/5/1/11/11/12/0/13 /14/4/8/0/2/i255/9/5/9/15/1/2/12/8/0/i255/16/i255/9/17/i255/10/1/18/19/20/9/5/5/i255/1/15/9/17 /7/10/1/5/9/21/i255/i255
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11.c
Packet Pg. 109
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/3/4/5/i255/7/4/8/9/2/10/i255/5/11/9/12/13/4/0
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11.c
Packet Pg. 110
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/4/5/6/i255/8/6/2/9/10
11.c
Packet Pg. 111
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/0/2/3/4/5/6/7/i255/2/5/0/9
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11.c
Packet Pg. 112
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2/3/0/1/4/5/6/7/1
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11.c
Packet Pg. 113
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave)
11.c
Packet Pg. 114
Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave) /0/1/2
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Attachment: Project Plans (PLN-2022-79 ~ 24-28 E. Campbell Ave)
City
Council
Report
TITLE: Continued Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Variance for Property Located at 68 Page Street to Allow Construction of an Approximately 1,053 Square - Foot One -Story Single -Family Dwelling, Inclusive of a 313 Square - Foot Junior Accessory Dwelling Unit (JADU), with a 529 Square -Foot Attached Accessory Dwelling Unit (ADU), with Substandard Fron t- and Street-Side Setbacks (14 ½ -Ft and 3 -Ft Respectively), Including Retention of an Existing Detached Non -Conforming Garage. File No.:
PLN-2022-101.
RECOMMENDED ACTION
That the City Council continue the public hearing on the appeal of the Variance approved by the Planning Commission related to the property located at 68 Page Street to allow the applicant time to revise the Variance plans in response to community concerns and to allow the applicant the opportunity to be present at the hearing.
BACKGROUND
On March 21, 2023, t he City Council held a public hearing to consider an appeal of the Planning Commission's February 14, 2023 approval of a Variance for property located at 68 Page Street . Specifically, the Variance would allow construction of an approximately 1,053 square-foot, one-story Single-Family Dwelling, inclusive of a 313 square-foot Junior Accessory Dwelling Unit (JADU), with a 529 square-foot attached Accessory Dwelling Unit (ADU), with substandard front- and street-side setbacks (14 ½- ft a nd 3 -ft, respectively), and include the retention of an existing detached Non - Conforming garage. At this hearing, members of the public raised concerns about the plans and conditions of the Variance. The City Council continued the public hearing to May 2, 2023, and directed staff to work with the applicant on potentially revising the Variance plans to address the community feedback from the March 21st hearing.
DISCUSSION
Following the City Council meeting, staff met with the applicant to discuss potenti al changes to the Variance plans . Although the applicant was agreeable to making a number of revisions, his architect was unable to prepare revised plans in time for the May 2, 2023 public hearing . The applicant also shared that he would be out of town on Item: 12
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: May 2, 2023
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68 Page St. - Variance Appeal Page 2 of 2
May 2, 2023, and continuing through mid-June and requested the matter be continued to a later date.
As such, staff recommends that this item be continued to a later date to allow the applicant’s architect to submit the revised Variance plans and provide the applicant with an opportunity to participate in the City Council’s public hearing . A continuation of t his item will require a new public hearing notice to be sent to the community when the item is scheduled to return to the City Council with the revised plans.
ALTERNATIVE
As allowed by Campbell Municipal Code Sec. 21.62.050.4, the City Council may instead refer the matter back to the Planning Commission for further consideration.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Angelique Gaeta, Assistant City
Manager
12 Packet Pg. 118
City
Council
Report
TITLE: Public Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2024 (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council introduce and take a first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.
BACKGROUND
As part of Measure M , approved by the voters in November 2010, Campbell Municipal Code (CMC) Section 5.01.170 (Business Licenses and Regulations ) was amended by Ordinance 2132 to provide that the City Council may, by ordinance, increase the amount of any tax set forth in this title by no more than two percent (2%) per year to account for inflation. For reference, business license tax rates were last increased by 2% in Fiscal Year (FY) 2020. Due to negative econ omic impacts to the business community caused by the COVID-19 pandemic, Council chose to keep rates unchanged for FY 2021, 2022, and 2023.
DISCUSSION
The process for implementing amended Business License Tax Rates requires a first and second reading of t he proposed ordinance. Consistent with public noticing requirements contained within California Government Code (GC) section 54954.6, if the first reading is approved on May 2, the second reading will be presented at the May 16 Council meeting . A nd, if app roved at the second reading , the FY 202 4 rates will become effective on July 1, 2023.
Ordinance 2132 again includes a provision that allows Business License Tax rates to be increased by ordinance in an amount not to exceed 2% on an annual basis, subject t o Council approval. As such, s taff is recommending increasing the existing Business License Tax rate schedule by the allowed 2% factor. Exceptions include the sub - category per -unit fees for Apartments, Hotels, Mobile Home Parks, Taxicabs, and Trailer Court s which result in fractional amounts. The rental dispute fee is a pass - through collection that goes to Project Sentinel for landlord -tenant mediation services Item: 13
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: May 2, 2023
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FY 2024 Business License Ordinance Page 2 of 2
during the fiscal year. It will also remain unchanged.
Attachment A is the authorizing ordinance. Attachment B is the updated comparative schedule of fees reflecting recommended changes noted above . The latter has also been published in the City’s designated newspaper of general circulation ; along with a notice of the public hearing dates of May 2 and May 16.
FISCAL IMPACT
The fiscal impact of approving the proposed Ordinance with a 2% increase to Business License Tax rates will be an estimated increase in FY 202 4 General Fund revenue of approximately $14,200; based on annual expected Business Licen se Tax revenue of $709,200 prior to the proposed rate increases.
ALTERNATIVES
Do not approve an increase in business license fees , and provide alternate direction to staff.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Business License Tax Ordinance FY 2024
b. Comparative Business License Tax Schedule FY 2024
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