This Chapter establishes allowance for short- and intermediate-term land use activities, commonly known as temporary uses. Those temporary uses that the City Council has determined would not adversely affect the public health, safety and welfare are permitted by right without specific City approval. All other temporary uses shall require approval of a temporary use permit in compliance with this Chapter to ensure the activity will not interfere with the primary uses authorized for a particular property. It is not the intent of this Chapter to restrict the reasonable and customary use of private property in a manner that does not interfere with the reasonable use and enjoyment of other properties.

(Ord. No. 2270, § 3, 3-16-2021)

The meaning of the terms used in this Chapter shall be as defined by Chapter 21.72 (Definitions). Where a term is not defined, the most common dictionary definition shall be presumed to be correct as determined by the community development director.

(Ord. No. 2270, § 3, 3-16-2021)

This Chapter shall not apply to the following:

1.

Special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit);

2.

Property located within an overlay combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit);

3.

Private events not open to the general public occurring entirely within the interior of a commercial establishment, conducted in compliance with an existing City land use permit;

4.

Fundraising and commercial activities conducted by minor children (e.g., cookie sales, lemonade stands, etc.);

5.

Non-Commercial speech activity protected by the United States or California constitutions (e.g., the distribution of political or religious materials, initiative/petition signings, voter registration drives, etc.); and

6.

Entertainment performances conducted on public property (e.g., busking, "First Friday" musical performances, etc.), provided that such performances do not constitute a public nuisance as defined by Section 6.10.020 (Nuisance conditions).

(Ord. No. 2270, § 3, 3-16-2021; Ord. No. 2306, § 32, 4-16-2024)

A.

Allowed uses. The following temporary uses are permitted by right without the need to obtain a temporary use permit and without cost, when located on a non- residentially zoned private property, in compliance with Article 2, (Zoning Districts), subject to the specified general standards.

1.

Activity occurring on private property in association with a special event permit approved pursuant to Chapter 5.50, (Special Events Permit);

2.

Beer and wine festivals/walks occurring within the CB-MU Zoning District, held by a chamber of commerce or incorporated business association, and subject to issuance of a Daily (Special One-day Event Permit) from the California Department of Alcoholic Beverage Control;

3.

Bingo in compliance with CMC 21.36.035 (Bingo);

4.

Blood drives;

5.

Grand opening and ribbon cutting events sponsored by a chamber of commerce;

6.

Halloween pumpkin sales lots occurring from September 1st to October 31st;

7.

Holiday tree sales lots occurring from November 1st to December 25th;

8.

Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five parking stalls are utilized for a period of no more than six hours;

9.

Placement of on-site construction trailers on a property subject to an active building permit;

10.

Placement of up to two cargo containers on a property subject to an active building permit;

11.

Sales offices located on a property subject to an active building permit; and

12.

Social and/or fundraising events conducted on the property of a public assembly use (as defined by section 21.72.020.p) for a period not exceeding six hours, provided that such events do not occur more than twelve times per year.

B.

General standards. Temporary uses shall be conducted in compliance with the following general standards:

1.

Advanced notice. An individual or organization intending to conduct a temporary use as allowed by this section shall provide advanced written notice to the community development director forty-eight hours prior to commencing the temporary use.

2.

Hours of operation. All activity, including preparation and clean-up, shall occur between the hours of six a.m. to eleven p.m.

3.

Fire Lanes. Required emergency vehicle access lanes shall not be blocked.

4.

Parking lots. Activity within a parking lot shall maintain adequate vehicular or pedestrian circulation.

5.

Accessibility. Activities shall be made accessible to individuals with disabilities to the extent required by State and Federal law.

6.

Health and Sanitation. Appropriate health and sanitation facilities shall be provided in accordance with the standards of the Santa Clara County Department of Environmental Health.

7.

Fire Safety. Appropriate permits shall be obtained from the Santa Clara County Fire District for use of tents and/or open flames.

8.

Noise. Regardless of decibel level, and taking into consideration the surrounding noise environment, no noise shall obstruct the free use of neighboring properties and/or adjacent businesses so as to unreasonably interfere with the comfortable enjoyment of neighboring residents or employees.

9.

Permits. Building permits shall be required as specified by the California Building Code.

C.

Termination. If necessary to protect against an immediate threat to the public peace, health, or safety, the city manager and authorized designees, including the community development director, chief of police, and fire chief, may order the immediate termination of the temporary use under the authority granted by Campbell Municipal Code Section 6.10.150 (Procedure in Case of Emergency).

(Ord. No. 2270, § 3, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2306, § 33, 4-16-2024)

A.

Temporary use permit required. The following temporary uses may be allowed subject to approval of a temporary use permit when located on a non-residentially zoned property, in compliance with Article 2, (Zoning Districts).

1.

Any activity requiring issuance of a Daily (Special One-day Event Permit) from the California Department of Alcoholic Beverage Control, except those specified by Section 21.45.030.

2.

Art, craft, car, and/or antique shows;

3.

Beer and wine festivals/walks (except those occurring within the CB-MU Zoning District);

4.

Fairs and carnivals;

5.

Food truck events;

6.

Late night holiday business hours;

7.

Night markets;

8.

Off-site construction staging yards;

9.

Outdoor music shows;

10.

Placement of cargo containers placed on a property not subject to an active building permit;

11.

Short-term valet parking programs;

12.

Use of a vacant property subject to an active or approved development application for an interim activity pending completion of the project; and

13.

Other uses determined by the community development director to be of the same general character as the above uses, in compliance with Section 21.02.020.F (Allowable uses of land).

B.

Application filing. An application for a temporary use permit, including the required materials and application fee, shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees), at least ninety days prior to the date of the proposed temporary use.

C.

Approval authority. The community development director shall review applications for a temporary use permit, impose conditions of approval, and establish time limits, in compliance with the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process).

D.

Findings. An application for a temporary use permit may only be approved if the community development director finds that:

1.

The temporary use is allowable by this Chapter and within the applicable zoning district, upon approval [of] a temporary use permit;

2.

The temporary use would not conflict with restrictions of an existing Conditional Use Permit or similar entitlement applicable to the subject property;

3.

The temporary use is consistent with the Campbell General Plan and the purpose of this Chapter;

4.

The temporary use is compatible with existing land uses on the subject property;

5.

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

6.

The subject property has adequate parking to reasonably accommodate the demand the temporary use would be expected to generate; and

7.

The conditions and time limits imposed by the community development director are sufficient to ensure that the temporary use will not, under the circumstances of the particular application, be detrimental to the health, safety or general welfare of persons residing or working near the subject property.

E.

Duration. Temporary uses authorized by this Chapter shall not be approved to occur for a period exceeding ninety days within any calendar year, except for the placement of construction trailers, cargo storage containers, and sales offices on properties subject to an active building permit, which may remain until the completion of construction activity.

F.

Reoccurrence. If requested by the applicant and approved by the community development director, approval of a temporary use permit may incorporate an allowance for the approved temporary use to reoccur at a specified interval within a single calendar year (e.g., every Friday, monthly, etc.) without additional approval by the City or payment of additional fees, subject to compliance with previously established conditions of approval. However, if circumstances have changed, the community development director may still require a new temporary use permit.

G.

Fees. The City Council, by resolution, may adopt a reduced application filing fee for proposed temporary uses sponsored by a non-profit organization. Other organizations may request use of the reduced application filing fee if the city manager determines that the proposed temporary use would benefit the public good. The city manager may refer such requests to the City Council for consideration.

H.

Appeals. A decision of the community development director may be appealed within ten calendar days of the date of the notice of decision, in compliance with Chapter 21.62, (Appeals).

(Ord. No. 2270, § 3, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Nothing in this Chapter eliminates the need for obtaining any permit, approval, or entitlement that may be required to comply with the regulations of any county, regional, State, or Federal agency.

(Ord. No. 2270, § 3, 3-16-2021)

Where a disagreement with the community development director's application or understanding of this Chapter occurs, 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.

(Ord. No. 2270, § 3, 3-16-2021)