Zone Change - 1991
ORDINANCE NO. 1838
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL AMENDING THE
ZONING MAP FOR PROPERTY KNOWN AS
33-226 SUNNYSIDE AVENUE, 45-105 KENNEDY
AVENUE (NORTH SIDE OF THE STREET), AND,
321 INDUSTRIAL WAY BRINGING THE ZONING
DESIGNATION INTO CONFORMANCE WITH THE
LOW-MEDIUM DENSITY RESIDENTIAL (6-13
UNITS PER GROSS ACRE) GENERAL PLAN
DESIGNATION, AS SHOWN ON THE ATTACHED
EXHIBIT, ZC 91-02).
The city Council of the city of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the city of Campbell is
hereby changed and amended by adopting the attached Exhibit A
entitled Map of Said Property, as per the City-initiated
application for approval of a Zone Change for property known as
33-226 Sunnyside Avenue, 45-105 Kennedy Avenue (north side of the
street), and, 321 Industrial Way from R-2-S (Multi-Family
Residential) to PD (Planned Development) Zoning District.
SECTION TWO: This Ordinance shall become effective thirty days
.following its passage and adoption and shall be published once
within fifteen days upon passage and adoption in the San Jose
Mercury News, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 18th day of
the following roll call vote:
June
, 19 91
by
AYES: Councilmembers: Ashworth, Conant, Burr
NOES: Councilmembers: None
ABSENT: Councilmembers: Kotowski
ABSTAIN: Counci1.members: Watson
ATTEST:
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CITY COUNCIL MINUTES - JUNE 18 1991
5. City-initiated Zone Change from R-2-S to PD -- 33-226 Sunnyside
Avenue, 45-105 Kennedy Avenue, 321 Industrial Way -- ZC 91-02
(Ordinance/Second Reading)
Second Reading of Ordinance 1838 approves a zone change from
R-2-S (Multiple-Family Residential) to PD (Planned Development).
CITY OF CAMPBELL - COUNCIL REPORT (i)
Meeting Date: June 18, 1991 Item # 5
Category: CONSENT CALENDAR
Initiating Dept: City Clerk
Title: City-initiated Zone Change from R-2-S to PD -- 33-226
Sunnyside Avenue, 45-105 Kennedy Avenue, 321
Industrial Way -- ZC 91-02 (Ordinance/Second Reading)
RECOMMENDATION
That the City Council give second reading to the subject ordinance.
DISCUSSION
The City Council held a public hearing on June ~, 1991 to consider
an ordinance approving a :zone change from R-2-S (Multiple-Family
Residential) to PD (Planned Development). The City Council, by a 5-0
vote, gave first reading to the proposed ordinance.
Second Reading
property into
July 18, 1981.
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Prepared by: tJ· W4>,);ð
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of Ordinance 1838 will bring the zoning for this
conformance with the adopted General Plan, effective
Approved by Department Head q ift¡~?
Approved by City Manager
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Meeting Date:
June 4,1991
COUNCIL REPORT __
CITY OF CAMPBELL
Item #
Category: Public Hearing and Introduction of Ordinances
Initiating Dept: Planning
Title: Adopt Ordinance - Zone Change from R-2-S to PD - 33-226
Sunnyside Avenue, 45-105 Kennedy Avenue, and 321 Industrial Way-
City-Initiated - ZC 91-02.
RECOMMENDATION
The Planning Commission recommends the following actions:
1. Accept the Negative Declaration that has been prepared for this project;
and,
2. Adopt the attached Ordinance approving a Zone Change from R-2-S
(Multiple-Family Residential) to PD (Planned Development).
DISCUSSION
Back~round. The subject properties are currently zoned R-2-S (Multiple-Family
Residential). The R-2-S zone permits a density range of 14 to 20 units per gross acre. On
March 6, 1990, the City Council adopted a General Plan Amendment in this area reducing
the allowable residential density from 14 to 20 units per gross acre to 6 to 13 units per
gross acre. This proposed zone change would bring the zoning into conformance with
the adopted General Plan, as required by State law.
Plannin5? Commission Action. On April 23, 1991, the Planning Commission
adopted Resolution No. 2746 recommending approval of a zone change for the
subject properties from R-2-S to PD.
AL TERNA TIVES
1. Refer the application back to the Plannini Commission to consider a
conventional RMS (Multiple-Family Residential) zoning district on these properties. The
RMS zone allows apartment units within a density range of 6 to 13 units per gross acre.
Approval under the RMS district rests with the Planning Commission. Development of
townhomes and condominiums could not be accomplished under this zoning district
and would necessitate a zone change to the Planned Development Zoning District.
2. Postpone action until a new zoning district is developed to permit both
apartments or townhome units within the 6-13 unit density range. Preparation of a new
zoning district will commence within the upcoming year.
Attachments:
1. Recommended Ordinance with exhibits
2. Planning Commission Resolution No. 2746
3. Planning Commission Minutes of April 23, 1991
4. City Council Ordinance 1797
5, Environmental Review
6. staff Report dated April 23. 1991
Prepared by: ~~
Approved by Department Head ?f7 ~ \Z ~
Approved by City Manager
RESOLUTION NO. 2746
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM R-2-S (MULTI-FAMILY
RESIDENTIAL) TO PD (PLANNED DEVELOPMENT)
ZONING DISTRICT, FOR PROPERTIES LOCATED
AT 33-226 SUNNYSIDE AVENUE, 45-105
KENNEDY AVENUE (NORTH SIDE OF THE STREET),
AND, 321 INDUSTRIAL WAY TO BRING THE
ZONING DESIGNATION INTO CONFORMANCE
WITH THE LOW-MEDIUM DENSITY RESIDENTIAL
(6-13 UNITS PER GROSS ACRE) GENERAL PLAN
DESIGATION, AS SHOWN ON THE ATTACHED
EXHIBIT (APPLICATION ZC 91-02).
After notification and public hearing as specified by law on the
proposed amendments to the Zoning Map of the City of Campbell,
and after presentation by the Planning Director, proponents and
opponents, the Planning Commission did determine that the change
as shown in the attached Exhibit A should be made to the Zoning
Map based on the following findings:
1. The proposed zone change from R-2-S to PD will establish
a zoning district which is consistent with the
Low-Medium Density Residential designation of the
General Plan.
2. The proposed Planned Development Zoning District will
allow development approval by the City Council upon
recommendation of the Planning commission.
Based upon the foregoing findings of fact, the Planning
commission further finds and concludes that:
1. The proposed zone change is consistent with the zoning
plan as provided in Chapter 21.01 of the Campbell
Municipal Code.
2. The proposed zone change will aid in the harmonious
development of this residential neighborhood.
The Planning Commission of the City of Campbell recommends that
the City Council enact the Ordinance attached hereto making
effective the recommended changes to the Zoning Map.
Resolution No. 2746
-2-
April 23, 1991
PASSED AND ADOPTED this 23rd day of April, 1991, by the following
roll call vote:
AYES: Commissioners: Alne, Higgins, Perrine, Wilkinson,
Dougherty, Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Fox
APPROVED: Jane P. Mever-Kennedv
Chairperson
ATTEST: Steve Piasecki
Secretary
Planning Commission Minutes
11
April 23, 1991
PLANNING COMMISSION MINTUES FOR APRIL 23, 1991
2.
ZC 91-02
City-initiated
Public Hearing to consider the City-initiated
application for a Zone Change from R-2-S (Multi-
Family Residential) to PD (Planned Development)
Zoning District, for properties located at 33-226
Sunnyside A venue, 45 -105 Kennedy A venue
(north side of the street), and, 321 Industrial Way
to bring the zoning designation into conformance
with the Low-Medium Density Residential (6-13
units per gross acre) General Plan designation.
The Chairperson read the application into the record.
Mr. Steve Piasecki, Director of Planning, presented the Staff Report noting the
following:
o Citýs intention to bring the zoning into compliance with the
General Plan, as mandated by the State.
o Properties affected.
o Surrounding uses.
o Proposed units per gross acre.
o Staff recommends approval.
Commissioner Perrine discussed the previous public hearing relative to the
Commission's intent to provide sensitivity regarding detached houses to
residents on the southside of Kennedy Avenue, and asked if this zone change
would provide for that same sensitivity. Mr. Piasecki stated that it would.
Chairperson Meyer-Kennedy opened the Public Hearing on ZC 91-02.
Mr. Woody Brown, 88 Sunnyside Avenue, asked that Site and Architectural
Approval be required for Planned Developments in the area.
Director of Planning, Mr. Piasecki, stated that Site and Architectural Approval
would be required for Planned Development Permits.
MOTION:
On motion of Commissioner Wilkinson, seconded by
Commissioner Higgins, it was unanimously approved that
the Public Hearing be closed, (6-0-1), Commissioner Fox being
absent.
Planning Commission Minutes
12
April 23. 1991
PAGE TWO
Commissioner Perrine expressed that the zone change would be appropriate,
since condominium and multiple-family development would be possible in
that area. Further, that this area adjoins an historic district, and is near the
downtown area.
Commissioners concurred with the above statements; however,
Commissioner Dougherty noted that feed-back from residents in his
community indicates that residents wonder why the whole City is not zoned
PD (Planned Development).
Mr. Piasecki explained that a town house ordinance was being examined at
staff level, and should such an ordinance be adopted, it could mitigate
problems associated with Planned Development zoning.
The Public Hearing was dosed.
MOTION:
On motion of Commissionèr Dougherty, seconded by
Commissioner Higgins, it was unanimously ordered that
Resolution No. 2746 be adopted, recommending that the
City Council approve ZC 91-02, changing the R-2-S (Multi-
Family Residential) to PD (Planned Development) by the
following roll call vote:
AYES: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty,
Meyer-Kennedy
NOES: Commissioners: None.
ABSENT: Commissioners: Fox
....
.
CITY OF CAMPBEll
70 NORTH FIRST
CAMPBELL, CALIFORNIA
(408) 866·2100
STREET
95008
Department:
CITY CLERK
No'rICE
o F
H EAR I N G
NOTICE,IS HEREBY GIVEN that the City Council of the City of Campbell has
set: tne hclJ.~· of ï-¡3C P.IL'., VL ¡;~~=tli" -:;~=r~·.::.f't~r: O~ ,!,~"Iesday~ Jur-e 4: 1991: in
the City Hall Council Chambers, 70 N. First Street, Campbell, California, as
the time and place for a public hearing to consider a City-initiated
application for a Zone Change from R-2-S (Multi-Family Residential) to PD
(Planned Development) Zoning District for properties located at 33-226
Sunnyside Avenue, 45-105 Kennedy Avenue (north side of the street), and 321
Industrial Way to bring the zoning designation into conformance with the
Low-Medium Density Residential (6-13 units per gross acre) General Plan
designation.
A Negative Declaration has been prepared for this project. Plans,
elevations, legal descriptions and/or other supporting documentation are on
file in the Planning Department, 70 North First Street, campbell, California.
Interested persons are invited to appear and be heard at said hearing.
Please be advised that if you challenge the nature of the above project in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this Notice, or in written
correspondence delivered to the City of Campbell City Clerk's Office at or
prior to the public hearing. Questions may be addressed to the City Planning
Office at 866-2140.
CITY COUNCIL
CI7Y ~F C~i?B~~L
BARBARA OLSASKY
CITY CLERK
ì
PLEASE NOTE: When calling about this Notice, please refer to File' tzc 91-02,
Address: 33-226 Sunnyside Ave., 45-105 Kennedy Ave. ,'Md~21.:.tn:du8trial Way
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ITEM NO. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 23, 1991
ZC 91-02
City-initiated
Public Hearing to consider the City-initiated
application for a Zone Change from R-2-S
(Multi-Family Residential) to PD (Planned
Development) Zoning District, for properties
located at 33-226 Sunnyside Avenue, 45-105
Kennedy Avenue (north side of the street), and,
321 Industrial Way bringing the zoning
designation into conformance with the Low-Medium
Density Residential (6-13 units per gross acre)
General Plan designation.
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
1. RECOMMEND that the City Council accept the Negative
Declaration which has been prepared for this project,
and
2. ADOPT a Resolution incorporating the attached findings,
recommending that the City Council approve a Zone Change
from R-2-S to PD for the subject properties.
APPLICANT' S PROPOSAL
This is a city-initiated application for approval of a Zone
Change for the subject properties from R-2-S (Multiple Family
Residential) to PD (Planned Development) bringing the zoning into
compliance with the City's General Plan designation.
BACKGROUND
The subject properties are currently zoned R-2-S (Multiple Family
Residential). This zoning designation permits a density range of
14-20 units per gross acre. The City Council on March 6, 1990
adopted a General Plan Amendment in this area, reducing the
allowable residential density from 14-20 units per gross acre to
6-13 units per gross acre. The proposed zoning change would
bring the zoning into conformance with this adopted General Plan
Amendment.
staff Report - Planning Commission Meeting of April 23, 1991
ZC 91-02 - City-initiated - 33-226 Sunnyside Avenue, 45-105
Kennedy Avenue, and 321 Industrial Way
Page 2
ZONING AND GENERAL PLAN CONSISTENCY
A. General Plan Desiqnation: This area is designated for
Low-Medium Density residential use which allows development
at 6-13 units per gross acre. The General Plan additionally
specifies development policies for these residential areas.
These development policies encourage the construction of one-
and two-story buildings with some three-story elements and
encourages the development of projects which have direct
entries to the public street.
B. Zoninq Desiqnation: The proposed zoning designation of PD
(Planned Development) would allow the development of
properties consistent with the General Plan designation
adopted by the city Council.
DISCUSSION
The City of Campbell currently has two zoning designations which
would be consistent with the Low-Medium Density designation shown
on the General Plan.
Traditional Zoninq District: The R-M-S (Multiple Family
Residential) Zoning District could be established on these
properties. This Zoning District would allow the development of
apartment units at a density range of 6-13 units per gross acre.
Approval of such applications would rest with the Planning
Commission.
Planned Develo~ment District: The Planned Development Zoning
District would allow the construction of apartments or townhomes
consistent with the 6-13 unit density range. A development
application under this zoning district would require City Council
approval upon recommendation of the Planning commission.
SUMMARY/RECOMMENDATION
staff is recommending the Planning commission adopt a resolution
supporting a Planned Development Zoning District for this area.
It is felt that the Planned Development District will allow a
wider array of development options which are consistent with the
staff Report - Planning commission Meeting of April 23, 1991
ZC 91-02 - city-initiated - 33-226 Sunnyside Avenue, 45-105
Kennedy Avenue, and 321 Industrial Way
Page 3
General Plan designation for this area, in that it would permit
the development of both apartments and townhomes under a Planned
Development Permit process.
* * *
Attachments:
1. Findings
2. Exhibits
3. City Council Ordinance No. 1797 (General Plan Amendment for
area)
4. Environmental Review
Submitted by:
Tim J. Halev~~
Planner II
steve Piasecki~
Director of Planning
Approved by:
tjh:lb
c:zc91-02jp4,5,6
Findings for Approval of a Zone Change
The Planning commission finds as follows with regard to File No.
ZC 91-02:
1. The proposed zone change from R-2-S to PD will establish
a zoning district which is consistent with the
Low-Medium Density Residential designation of the
General Plan.
2. The proposed Planned Development Zoning District will
allow development approval by the City Council upon
recommendation of the Planning Commission.
Based upon the foregoing findings of fact, the Planning
commission further finds and concludes that:
1. The proposed zone change is consistent with the zoning
plan as provided in Chapter 21.01 of the Campbell
Municipal Code.
2. The proposed zone change will aid in the harmonious
development of this residential neighborhood.
Planning
April 12, 1991
NOTICE OF HEARING
Notice is hereby given that the Planning Commission of the City
of Campbell has set the time of 7:30 p.m., or shortly thereafter,
on Tuesday, April 23, 1991, in the City Hall Council Chambers, 70
North First street, Campbell, California, for public hearing to
consider the City-initiated application for a Zone Change from
R-2-S (Multi-Family Residential) to PD (Planned Development)
Zoning District, for properties located at 33-226 Sunnyside
Avenue, 45-105 Kennedy Avenue (north side of the street), and,
321 Industrial street, to bring the zoning designation into
conformance with the Low-Medium Density Residential (6-13 units
per gross acre) General Plan designation. File #ZC 91-02.
A Negative Declaration has been prepared for this project.
Plans, elevations, legal descriptions, and/or other supporting
documentation is on file in the Planning Department, 70 North
First street, Campbell, California.
Interested persons may appear and be heard at this hearing.
Please be advised that if you challenge the nature of the above
project in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in
this Notice, or in written correspondence delivered to the city
of Campbell Planning Commission at, or prior to, the public
hearing. Questions may be addressed to the Planning Office at
866-2140.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE: When calling about this Notice, please
refer to File # ZC 91-02; Address: 33-226 Sunnyside
Avenue; 45-105 Kennedy Avenue, and 321 Industrial
street.
Planning
April 12, 1991
Dear Property Owner:
The Campbell City Council at its meeting of March 6, 1990 amended
the General Plan in your neighborhood, changing the permitted
residential density of your property from Medium Density
Residential (14-20 units per gross acre) to Low-Medium Density
Residential (6-13 units per gross acre). On April 23, 1991, the
Campbell Planning Commission will consider a Zone Chanqe of your
property to bring the zoning into conformance with amended
General Plan, a notice of hearing for this meeting is attached
for your information.
If you should have any questions regarding the above information,
please do not hesitate to contact me at the Planning Department
at 866-2144.
~~.
Tim JS-iia¡ey v
Planner II
tjh:lb
c:zc91-02
Attachments:
1. Notice of Hearing
2. Location Map
17~
CITY OF CAMPBELL
FILED
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70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
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Department:
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ZC 91-02 '~ \ ·
33-226 Sunnyside Avenue t-, t~ .....
45-105 Kennedy Avenue (north~ ' of
street) -, :
321 Industr ial Way "
PUBLIC NOTICE OF
NEGATIVE DECLARATION
File No.:
proiect Description:
Project Description: Zone Change from R-2-S (Multiple
Family Residential) to P-D (Planned
Development) to bring zoning into
conformance with the City's Géneral
Plan Land Use of Low-Medium De-nsity
Residential::: -
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The purpose of this notice is to inform you that the Plannii~~{\:·;':
Commission or City Council intends to determine that the project
described above will not have a significant adverse impact on the
environment. This notice is being posted to inform interested
persons of the preparation of a Negative Declaration and to
provide the opportunity for public participation and input into
the environmental review process.
The Negative Declaration for this project will be considered for
adoption by the Planning Commission/City Council on April 23,
1991, 7:30 p.m., City council Chambers, 70 North First street,
Campbell. Any interested person may submit comments concerning
this Negative Declaration, and the basis for determination of no
significant impact on the environment on or before that date.
Such comments should be based on specific environmental concerns.
It should be noted that adoption of a Negative Declaration does
not constitute approval of the project under consideration. The
decision to approve or deny the project will be made separately
as required by City ordinance.
The Negative Declaration to be considered is available for
inspection by interested persons at the address shown above. For
further information, please call (408) 866-2140.
Sincerely,
S'\W€ 0Q~ecki
STEVE PIASECKI ~
DIRECTOR OF PLANNING
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