A.

Purpose. This chapter provides guidance for development and new land uses in addition to the standards and regulations of the primary zoning district, where important area, neighborhood, or site characteristics require particular attention in project planning.

B.

Applicability. The applicability of any overlay/combining zoning district to specific sites is illustrated by the overlay zoning map symbol established by Section 21.04.020 (Zoning Districts Established) and/or as described in accordance with this chapter and shall be indicated by a suffix appended to the symbol of the base zoning district (e.g., R-1-6-H, GC-O, TO-MU-CB) where the provisions of the overlay are exercised by a project. The provisions of this chapter apply to development and new uses in addition to all other applicable requirements of this Zoning Code. In the event of any conflict between the provisions of this chapter and any other provision of this Zoning Code, this chapter shall control.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2305, § 6, 4-16-2024)

A.

Creation. There is created an "H" overlay/combining zoning district for the purpose and intent of identifying, protecting, and preserving the historic and/or cultural resources of the city.

B.

Purpose. The purpose and intent of the "H" overlay/combining zoning district is to provide a means to preserve and enhance structures, properties, or areas of architectural, engineering, and historic significance located within the city, identified as landmarks or historic districts. The "H" overlay/combining zoning district shall be used in general accord with the policies and principles of the General Plan, and is consistent with the purpose and criteria of the historic preservation policy of the city of Campbell, as specified in Chapter 21.33 (Historic Preservation).

C.

Designation. All development within the "H" overlay/combining zoning district shall be subject to the provisions of Chapter 21.33 (Historic Preservation).

D.

Allowed uses. The principal, accessory, and conditional uses in the "H" overlay/combining zoning district shall be the same as those of the base zoning district with which it is combined.

E.

General provisions. When the "H" overlay/combining zoning district is applied, the general provisions of this section as well as those of the base zoning district with which the "H" district is combined, shall apply. Where a conflict occurs, the provisions identified in this section shall apply.

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

A.

Purpose. The purpose of the overlay district is to provide modifications, additions and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be treated satisfactorily. The "O" overlay district may only be combined with the commercial or industrial zoning districts identified by Chapter 21.10 (Commercial and industrial districts) , which are referred to by this section as the "base zoning district."

The addition of an overlay district designated with any zoning district shall not operate to reduce or eliminate any requirements established by the basic district regulations, regulations applicable to all districts, or other requirements contained in this chapter applicable to any district with which the overlay district is added except variations to lot area, lot width, open space in yard, setbacks, height and parking space requirements, and as otherwise specified by the zoning code.

B.

Conditional use permit required. No building, structure or use shall be created, established, erected, constructed, enlarged, placed or installed in any zoning district with which the overlay district is combined until a conditional use permit is issued by the City Council, upon recommendation of the Planning Commission, in conformance with the provisions of Chapter 21.46 (Conditional Use Permits). A conditional use permit may also restrict the allowable uses that may be allowed in the combined zoning district so long as such uses are not prohibited by the base zoning district.

C.

Master Use Permit. A conditional use permit for regional commercial center shall be referenced as a master use permit.

1.

Adoption. A master use permit shall be adopted by resolution of the City Council, and shall become effective upon project establishment in compliance with Section 21.56.030.B.1 (Issuance of Building Permit).

2.

Boundaries. A master use permit shall be operative over the area for which a Zoning Map Amendment has combined the "O" overlay district with a base zoning district in compliance with Chapter 21.60 (Amendments (General Plan, Zoning Code, and Zoning Map Amendments)).

3.

Amendments. Any action requiring an amendment to a master use permit shall be processed as follows:

a.

Eligibility. An Amendment may be initiated by written request of an owner's association, or by an owner or business operator with the written consent of the owner's association, if any.

b.

Content of Request and Filing fees. A written request for an amendment shall state the specific change(s) requested and the purpose for the request. The filing fee for an amendment shall be the same as that for a General Plan Amendment, as specified in the Schedule of Fees and Charges.

c.

Consideration Procedure. The City Council, upon recommendation of the Planning Commission, shall approve, conditionally approve, or deny a request for an amendment by resolution with respect to the considerations provided in subsection D (Consideration in review of applications) and the findings for a conditional use permit provided in Section 21.46.040 (Findings and decision) in compliance with procedures prescribed by Campbell Municipal Code Chapter 21.64 (Public Hearings):

4.

Administrative authority. Notwithstanding anything in Chapter 21.42 (Site and architectural review) or 21.46 (Conditional use permits), the Community Development Director shall be the decision-making authority for determination of a conditional use approval (termed "conditional use authorization") or site and architectural review approval (termed "architectural modification") as specified by a master use permit. The administrative procedures provided in Chapter 21.71 (Administrative decision process) shall be followed for all such requests.

5.

Allowable land uses. Conditional and permitted land uses shall be as specified by a master use permit.

6.

Living document. A master use permit may be administratively modified by the community development director as specified by procedures contained in the master use permit.

7.

Interpretation. The procedures for an Interpretation provided in Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be followed, including the provisions for an appeal, for any disagreement as to the meaning of any provision contained in a master use permit.

8.

Conflicts. Where a conflict may exist between the Zoning Code and a master use permit, the provisions of the Zoning Code shall prevail; provided, however, that any deviations from the requirements of the base zoning district that are enacted under the authority of subsection A of this section shall prevail over any conflicting requirements of the base zoning district.

9.

Master sign plan. A master sign plan may be considered as a component of a master use permit.

10.

Extensions. Request for extensions of time shall be processed as an Amendment pursuant to subsection 3 (Amendments).

D.

Consideration in review of applications. The community development director, site and architectural review committee, planning commission, and City Council shall consider the following matters and others when applicable to their review of development applications:

1.

Considerations relating to traffic safety, traffic congestion, and site circulation:

a.

The effect of the site development plan on traffic conditions on abutting streets;

b.

The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways and walkways;

c.

The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;

d.

The location, arrangement and dimensions of truck loading and unloading facilities;

e.

The circulation patterns within the boundaries of the development; and

f.

The surfacing and lighting of off-street parking facilities.

2.

Considerations relating to landscaping:

a.

The location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development;

b.

The planting of ground cover or other surfacing to prevent dust and erosion; and

c.

The unnecessary destruction of existing healthy trees.

3.

Considerations relating to buildings and site lay-out:

a.

Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood;

b.

Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of structures on the parcel; and

c.

Consideration of special conditions and situations concerning the property and the adjoining properties.

(Ord. 2043 § 1(part), 2004).

(Ord. No. 2213, § 9, 11-1-2016)

A.

Purpose. The purpose of the community benefit ("CB") overlay/combining district is to provide an alternative means of compliance for larger housing projects which choose to forgo one or more of the objective standards established by Chapter 21.07 (Housing Development Regulations). As housing development projects are required to comply with all objective standards to take advantage of the streamlined review process pursuant to Chapter 21.07 (Housing Development Regulations) or Chapter 21.39 (Ministerial Approvals), projects which pursue a community benefit overlay designation shall instead be subject to a discretionary review process as follows:

B.

Pre-application required. Prior to application for a community benefit overlay designation, a pre-application shall be required pursuant to Chapter 21.41 (Pre-Applications).

C.

Eligibility. Projects meeting all the following requirements shall be eligible for a community benefit overlay district designation:

1.

The project will result in the development of twenty-five or more additional residential units;

2.

The project will result in a clear community benefit (e.g., greater affordability, transportation network improvement, housing serving a special needs group identified in the Housing Element) and/or result in superior design outcomes than what is otherwise possible for a project meeting all objective standards established by Chapter 21.07 (Housing Development Regulations); and

3.

The property owners shall waive all rights under the Housing Accountability Act (HAA) or similar law intended to limit the discretionary review authority of the City of Campbell.

D.

Establishment of district. The CB overlay/combining district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.040.C. (Eligibility) and specify the characteristics of the project that were used to make such determination.

E.

Development criteria, permit processes, and uses. In lieu of, or in addition to, the development standards, permit processes, and uses otherwise applicable (e.g., zoning standards, area plan, neighborhood plan requirements), specific development criteria, permit processes, and/or uses may be established and applied to lots or areas upon which the community benefit overlay/combining district is imposed. Any specific development criteria, permit processes, and/or uses applicable to the community benefit overlay/combining district area shall adopted as part of the ordinance that establishes the overlay/combining district. All specific development criteria and permit processes established for creation of new housing development project units shall be objective. In the event no unique development standards, permit processes, and/or uses are established by the community benefit overlay/combining district, the development standards, permit processes, and uses shall be the same as the base zoning district with which it is combined.

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

A.

Purpose. The purpose of the By-Right Housing ("BRH") overlay/combining zoning district is to promote the development of housing on sites locally identified to satisfy the City's lower-income Regional Housing Needs Allocation (RHNA) shortfall pursuant to State statutes (Gov. Code 65583.2(h) and 65583.2(i)).

B.

Eligibility. Sites included in the BRH overlay/combining zoning district shall satisfy the following criteria:

1.

Density. Permit a minimum density of thirty units per acre, for the entirety of, or a portion of the site, in compliance with the General Plan Land Use Map.

2.

Minimum unit count. Permit a minimum of sixteen units per site.

C.

Development standards. The following development standards shall apply to sites where the BRH overlay/combining zoning district is applied.

1.

Residential projects. Sites shall be permitted to develop exclusively as residential uses.

2.

Mixed-use projects. Mixed-use projects shall be required to allocate a minimum of fifty percent of the total gross floor area to residential uses.

D.

Expedited permit processing. Housing development projects with at least twenty percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

E.

Establishment of district. The BRH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.050.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)

A.

Purpose. The purpose of the Reuse Sites ("RS") overlay/combining zoning district is to promote housing development on Housing Opportunity Sites used in one or more previously adopted Housing Elements consistent with the objectives of the General Plan, Housing Element, and State statutes.

B.

Eligibility. Sites included in the RS overlay/combining zoning district shall consist of the following:

1.

Non-vacant Housing Opportunity Sites used in the previously adopted and current Housing Element; and

2.

Vacant Housing Opportunity Sites used in the two previously adopted and current Housing Element.

C.

Expedited permit processing. Housing development projects with at least twenty percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

D.

Establishment of district. The RS overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.060.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)

A.

Purpose. The purpose of the Affordable Housing ("AH") overlay/combining zoning district is to promote the development of affordable housing by providing incentives to projects that voluntarily elect to comply with all the requirements of this Section.

B.

Applicability. The AH overlay/combining zoning district applies to all properties except those with a "Low Density Residential," "Light Industrial," or "Research and Development" General Plan land use designation, or within an "H" (Historic) overlay/combining zoning district.

C.

Eligibility. The incentives set forth in Section 21.14.070.D. (Incentives) may only be applied to projects which satisfy all the following general requirements:

1.

Housing development project. The project satisfies the definition of a housing development project in accordance with CMC 21.72 (Definitions);

2.

Compliance with State Density Bonus Law. The project meets the criteria for a density bonus under State Density Bonus Law, as outlined in Sections 65915 to 65918 of the California Government Code, apart from the regulations of the Affordable Housing overlay/combining zoning district;

3.

Adherence to requirements. The project does not use State Density Bonus Law, or any other State or Federal law, to relieve the project from any of the requirements of the Affordable Housing overlay/combining zoning district;

4.

Mixed-use development. Where the City's adopted Form-Based Zone Map designates a "Tier 1" ground-floor non-residential requirement, the project must adhere to all corresponding regulations outlined in the adopted Multi-Family Development and Design Standards, established in accordance with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted); and

5.

Adjacency requirements. The project complies with the Adjacency Requirements of Section 3.100 of the adopted Multi-Family Development and Design Standards, established in accordance with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted).

D.

Incentives. The following incentives shall be provided to qualifying projects:

1.

Increased density bonus. The following density bonuses shall be offered to projects which provide a greater percentage of very-low, low-, or moderate-income housing units, by category, than otherwise required by State Density Bonus Law but less than required to qualify for an additional density bonus under state law. In no case shall the combination of the density granted under this Section and any other law result in a total density bonus that is greater than seventy percent. Further, density bonuses provided for by this Section may not be combined across income categories and shall be calculated consistent with CMC 21.20.050.A (Number of units) excepting that for Step 2 - the corresponding percentage density bonus shall be calculated based on the values indicated in the tables below.

2.

Expedited permit processing. Projects qualifying for a sixty percent or greater density bonus, in accordance with CMC Section 21.14.070.D.1., shall be eligible for expedited permit processing as follows:

i.

Ministerial approval. Where the project qualifies for a statutory, or categorical exemption, from the California Environmental Quality Act (CEQA) (PRC Sections 21000 et seq.) they shall be processed through a ministerial permit process in accordance with CMC 21.39 (Ministerial approvals).

ii.

Administrative Housing Development Project Permit. For projects that are ineligible for a ministerial permit process, they shall be processed through an Administrative Housing Development Project Permit with the exception that any appeal filed in accordance with the requirements of Chapter 21.62 (Appeals) shall be referred to the City Council, rather than the Planning Commission.

3.

Extended permit approval. Projects qualifying for an increased density bonus of any amount, in accordance with CMC Section 21.14.070.D.1., shall be granted a three-year permit approval for the first approval of all land use entitlements permits. The permit approval period of post-entitlement permits, such as building permits, and/or land use entitlements granting subsequent extensions of approval, and/or modifications to the first land use approval, shall not be extended as an incentive of this Section.

4.

Priority funding. Projects qualifying for a sixty-five percent or greater density bonus, in accordance with this Section, shall be eligible for the priority use of any local affordable housing funds allocated specifically to the purpose of supporting the development of affordable housing.

5.

Reduction in park in-lieu fees. Projects which meet one or more of the following criteria will qualify for reductions in the fee in lieu of land dedication required by Campbell Municipal Code Section 20.24.080 (Amount of fee in lieu of land dedication) as follows:

(1)

Includes units provided at an affordable ownership cost to moderate-income households, lower-income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) that are subject to an affordable housing agreement consistent with the requirements of CMC Section 21.24.060 (Continued affordability and city review of occupancy).

This incentive does not apply to projects receiving financial support of an equivalent or greater value from the City in accordance with CMC 21.14.070.D.4 (Priority funding) or any other City supportive housing program. This reduction in fees may be combined with other available credits against the park land dedication requirements in accordance with CMC Section 20.24.110 (Credits).

6.

Reduced requirements. Projects which provide one hundred percent of their units at an affordable ownership cost to moderate-income households, lower-income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) shall be alleviated from the following requirements without requiring the use of concessions or waivers under State Density Bonus Law:

i.

Multi-Family Development and Design Standards (MFDDS). All requirements pertaining to Chapter 5 (Building Types), Chapter 6 (Specific to Frontage Types), and Chapter 7 (Architectural Standards) except for Section 7.080 (Bird Safety).

E.

Establishment of district. The AH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.070.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)