CC Ordinance 2225Ordinance No. 2225
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADOPTING A TEXT AMENDMENT (PLN2016-406) TO AMEND VARIOUS SECTIONS OF
TITLE 20 (CAMPBELL SUBDIVISION AND LAND DEVELOPMENT), AND TITLE 21
(ZONING) OF THE CAMPBELL MUNICIPAL CODE TO IMPLEMENT THE PLAN.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does ordain as follows:
SECTION 1. The City Council finds and determines that the Text Amendment is
categorically exempt pursuant to Section 15060(c)2 (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) of the CEQA
Guidelines, California Code of Regulations, because the Text Amendment has no potential
for resulting in physical change to environment, directly or indirectly.
SECTION 2. No substantial evidence has been presented from which a reasonable
argument could be made that shows that the project, as currently presented will have an
adverse impact on the environment.
SECTION 3. The City Council further finds and determines that the proposed Text
Amendment is consistent with the goals, policies, and actions of the General Plan; would
not be detrimental to the public interest, health, safety, convenience, or general welfare of
the city; and is internally consistent with other applicable provisions of the Zoning Code.
SECTION 4. Title 20 (Subdivisions): Section 20.16.010 of the Campbell Municipal Code is
hereby amended to read as follows with underlining indicating new text and strikeouts
(etr+keei+l;) indicating deleted text:
A parcel map shall be filed and recorded for any subdivision for which a tentative and
final map is not required by the Subdivision Map Act except for subdivisions created by
short-term leases (terminable by either part on not more than thirty days notice in writing) of
a portion of an operating right-of- way of a railroad corporation defined as such by Section
230 of the Public Utilities Code; provided, however, that upon a showing made to the
planning director based upon substantial evidence that public policy necessitates such a
map, this exception shall not apply.
Such maps shall meet all requirements of the Subdivision Map Act and of this title and
shall show all dedications or offers of dedication thereon.
The cor~~munity develop~Yientp~~~~+~g director may require that such dedications or
offers of dedication be made by deed in lieu of or in addition to appearing on the map.
SECTION 5. Title 20 (Subdivisions): Section 20.16.030 of the Campbell Municipal Code is
hereby amended to read as follows with underlining indicating new text and strikeouts
(st~ikee~t) indicating deleted text:
The community developmentptafl-p-if~ director shall approve or deny an application to
subdivide lands into four or fewer lots. Applications therefor shall be accepted only upon
payment of a fee in an amount prescribed by resolution of the Ccity Ceouncil.
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Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
Before approval or conditional approval may be given, such subdivision must be
considered by the city engineer.
All conditions required by the city engineer shall be incorporated in the community
developmentq-lam+~+r~ director's conditional approval. Denial by the city engineer shall
require denial of the tentative map.
All lots created by such subdivision shall have frontage upon a street dedicated as a
public street, provided that the community developr7~entf~la~r~++~c~ director may approve not
more than one lot without such required frontage on a public street, hereinafter referred to
as "rear lot," under the following conditions:
(1) The front lot shall meet all of the requirements of the zoning district within which it is
located.
(2) The rear lot shall meet all of the requirements of the zoning district within which it is
located and, in addition, shall have an area which exceeds the lot area requirement
by ten percent exclusive of any access to a public street.
(3) Access to the public street for a rear lot shall not be over an easement but over land
under the same ownership as that of rear lot; such access shall have a minimum
width of fifteen feet and shall have a paved way not less than ten feet in width.
(4} The creation of a rear lot would be consistent with all applicable pecific plans
and/or area~lans.
The community developments+a-r~+r~g director shall have authority in granting such
application to impose such conditions as are deemed necessary to protect the best interests
of the surrounding property or neighborhood consistent with the general purpose and intent
of this title, including, but not limited to, adequate provisions for fire protection, easements
for public utilities and improvements of all proposed streets to the standard prescribed in
Title 11 or such lesser standards as may be approved by the community
developmentp-}a•nr~++~g director.
Before such subdivision is approved, the applicant shall pay all unpaid county and
municipal taxes except taxes not yet payable.
A denial of such application may be appealed by the applicant to the planning
commission within ten days after the mailing of notice of the decision of the communit
development~lar~f}++~ director to the applicant at the address shown on the application.
The appeal shall be in writing, shall be filed with the secretary of the planning
commission, shall generally set forth the grounds of appeal and shall be accompanied by a
filing fee in accord with the schedule of fees as established by the Ccity Coouncil, no part of
which is refundable.
In any case, where the planning commission grants approval subject to conditions, said
conditions shall be fulfilled within twenty-four months after the decision of the planning
commission, or within such time as the planning commission may prescribe. If all of the
conditions are not fulfilled within such period, the application and any approval thereof shall
automatically be void and no building permit or other permit issued by the city shall be
issued to be used upon or with respect to the subdivision as approved until a new
application has been made and approved as provided in this section. Prior to the fulfillment
of all of the conditions, no building or other such permit shall be issued during the twenty-
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Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
four-month period for any structure or use which would not qualify for a permit in the event
the approval should become void under this section unless a proper bond is posted
guaranteeing fulfillment of such conditions.
SECTION 6. Title 20 (Subdivisions): Section 20.16.040 of the Campbell Municipal Code is
hereby amended to read as follows with underlining indicating new text and strikeouts
(~~+~~~t) indicating deleted text:
The requirement for a parcel map may be waived whenever the con~rnrrni~
developmentpl+r~ director finds that the proposed division of land meets all city
requirements as to 1) area, 2) improvement and design, 3) floodwater drainage control, 4)
appropriate improved public roads, 5) sanitary disposal facilities, 6) water supply availability,
7) environmental protection, 8) all other requirements of the Subdivision Map Act and any
applicable provisions of this title.
SECTION 7. Title 20 (Subdivisions): Section 20.36.090 of the Campbell Municipal Code is
hereby amended to read as follows with underlining indicating new text and strikeouts
(fit) indicating deleted text:
Streets and highways not shown on any general plan or incorporated in approved plan
lines or affected by proceedings initiated by the c:city Ccouncil or approved by the Ccity
C_t.ouncil upon initiation by other legally constituted governmental bodies shall not be of less
width than those set forth under this chapter, except where it can be shown by the
subdivider, to the satisfaction of the planning commission, that the topography or the small
number of lots served and the probable future traffic development are such as to
unquestionably justify a narrower width. Increased widths may be required where streets
are to serve commercial property, or where probable traffic conditions warrant such
increased widths.
(1) Local streets-minimum right-of-way: sixty feet;
(2) Cul-de-sac streets-if not over three hundred fifty feet in length, may provide fifty-six
feet right-of-way;
(3) Street widths in the San Tomas area shall be as specified in the transportation
issues section of the San Tomas neighborhood plan. The map outlining the
boundaries of the San Tomas area is maintained at the community development
department. In the case of conflict between the San Tomas neighborhood plan and
requirements contained in this chapter, the San Tomas neighborhood plan shall
prevail.
is maintained at the community development department. In the case of conflict
City Council Ordinance No.
Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
Page 4 of 8
SECTION 8. Title 21 (Zoning Code Regulations): Subsection E of Campbell Municipal Code
Section 21.02.020 (Rules of interpretation.) is amended to read as follows with underlining
indicating new text and strikeouts (etr~+44eet~-t} indicating deleted text:
E. Conflicting requirements. Any conflicts between different requirements of this Zoning
Code, or between this Zoning Code and other regulations, shall be resolved as follows:
1. Zoning Code provisions. In the event of any conflict between the provisions of this
Zoning Code, the most restrictive requirement shall control;
2. Development agreements, overly district<3rea Ealan. neighborhood plan.. or specific
plans. In the event of any conflict between the requirements of this Zoning Code
and standards adopted as part of any development agreement. overlay dish ~ ;t area
plan, neighborhood plan. or specific plan, the requirements of the development
agreement. overlay district, area plan, neighborhood plan, or specific plan shall
control;
3. Municipal Code provisions. In the event of any conflict between requirements of this
Zoning Code and other regulations of the city, the most restrictive shall control; and
4. Private agreements. It is not intended that the requirements of this Zoning Code
shall interfere with, repeal, abrogate, or annul any easement, covenant, or other
agreement that existed when this Zoning Code became effective. This Zoning Code
applies to all land uses and development regardless of whether it imposes a greater
or lesser restriction on the development or use of structures or land than an
applicable private agreement or restriction, without affecting the applicability of any
agreement or restriction. The city shall not enforce any private covenant or
agreement unless it is a party to the covenant or agreement.
SECTION 9. Title 21 (Zoning Code Regulations): Subsection A of Campbell Municipal Code
Section 21.08.030 (R-1 (Single-family) zoning district) is amended to read as follows with
underlining indicating new text and strikeouts (str-+kee~t) indicating deleted text:
A. Purpose of R-1 (Single-family) zoning district.
The R-1 zoning district is intended to stabilize and protect the residential
characteristics of the district and to encourage a suitable environment for domestic
home life.
2. The R-1 zoning district is intended to provide for detached single-family homes on
larger parcels (ranging from six thousand to sixteen thousand square foot parcels).
The R-1 zoning district is consistent with the low density residential land use
designation of the General Plan.
3. The San Tomas area neighborhood plan land use policies are incorporated herein
by reference. The San Tomas area neighborhood plan policies shall only apply to
properties within the boundaries of the San Tomas area. The map outlining the
boundaries of the San Tomas area is maintained at the community development
department. In the case of conflict between the San Tomas area neighborhood plan
policies and other requirements contained in this chapter, the policies of the San
Tomas area neighborhood plan shall prevail.
4. The Campbell Village Neighborhood Plan land use policies are incorporated hereui
by reference. The Campbell Village Neighborhood Plan policies shall only apply to
City Council Ordinance No. Page 5 of 8
Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
properties within the boundaries of the Campbell Village Neighborhood Plan area.
shall prevail.
SECTION 10. Title 21 (Zoning Code Regulations): Campbell Municipal Code Section
21.18.060 is amended is amended by adding the following sentence, with underlining
indicating new text and strikeouts (~+I~t) indicating deleted text:__The stan;i~rds
contained in this section pertain to all~roperties except when otherwise provided for by an
area plan, neighborhood plan. or specific plan.- at the beginning of the section, before
subsection A.
SECTION 11. Title 21 (Zoning Code Reaulations): Campbell Municipal Code Section
21.18.070 is amended by revising the sentence at the beginning of the section, with
underlining indicating new text and strikeouts (~'r~-mgt) indicating deleted text: Except as
otherwise provided for by a deveEopra~ent agreement. overlay district. area plan,
neighborhood plan or specific plan. pPaving shall not amount to more than fifty percent of
the required front yard setback area. Increases in the amount of allowable paving may be
approved by the community development director if necessary to provide safe ingress and
egress for the site.
SECTION 12. Title 21 (Zoning Code Regulations): Campbell Municipal Code Section
21.26.030 is amended by adding the following sentence, with underlining indicating new text
and strikeouts (~+r~,~i) indicating deleted text: The standards contained in this se_etio~i
pertain to all properties except when otherwise provided for by a development agreei7~ent.
overlay district. area plan, neighborhood plan. or specific plan. at the beginning of the
section, before subsection A.
SECTION 13. Title 21 (Zoning Code Regulations): Campbell Municipal Code Section
21.36.020 is amended by adding the following sentence, with underlining indicating new text
and strikeouts (ee~+t) indicating deleted text: The standards contained in this sectiosr
t~ertain to all properties except when otherwise provided for by a development a~~eei~~er~t-d
overlay district. area pian neighborhood plan, or specific plan. at the beginning of the
section before subsection A and after the sentence "This section provides standards for
accessory structures that are physically detached from, and subordinate to, the main
structure on the site."
SECTION 14. Title 21 (Zoning Code Regulations): Subsection B of Campbell Municipal
Code Section 21.42.050 is amended to read as follows with underlining indicating new text
and strikeouts (et~r+IEee~+t) indicating deleted text:
B. Required findings. The community development director shall approve the application if
the following findings have been made:
The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area; and
City Council Ordinance No. Page 6 of 8
Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
3. The project is consistent with applicable adopted design guidelines, development
agreement. overlay district, area plan. neighborhood plan. and specific plan(s).
SECTION 15. Title 21 (Zoning Code Regulations): Subsection B of Campbell Municipal
Code Section 21.42.060 is amended to read as follows with underlining indicating new text
and strikeouts (fit) indicating deleted text:
B. Required findings. The planning commission shall approve the application if the
following findings have been made:
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines. developr,~ent
agreer~ient. overlay district. area plan. neighborhood plan. anti specific plariis}.
SECTION 16. Title 21 (Zoning Code Regulations): Subsection F of Campbell Municipal
Code Section 21.58.050 is amended to read as follows with underlining indicating new text
and strikeouts (str+l) indicating deleted text:
F. Exceptions.
1. Failure to meet setbacks. A structure that fails to meet the setback requirements for
the zoning districts in which it is located may be added to or enlarged in compliance
with the following criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback requirements; and
e. The decision-making body approving the site and architectural review permit for
the addition or enlargement finds that the addition or enlargement will not be
detrimental to the public health, safety, or general welfare of persons residing in
the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures in the San Tomas area may be added to
or enlarged as allowed under policy "E" of the San Tomas neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained at the
community development department.
d. In the case of conflict between the San Tomas neighborhood plan policy "E"
and the requirements contained in this chapter, policy "E" of the plan shall
prevail.
3. Campbell Village Neighborhood Plan.
a. Extensions along existing non-conforming building walls as provided by the
Campbell Village Neighborhood Plan.
City Council Ordinance No.
Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
Page 7 of 8
b. The Campbell Village Neighborhood Plan is incorporated herein by reference.
c. The map outlining the boundaries of the Campbell Village Neighborhood Plan is
maintained at the community development department.
d. In the case of conflict between the Campbell Village Neighborhood Plan and
the requirements contained in this chapter, the Campbell Village Neighborhood
Plan shall prevail.
~~ Repairs or alterations otherwise required by law shall be allowed. Reconstruction
required to reinforce unreinforced masonry structures or to comply with building
code requirements shall be allowed without the cost limitations identified in
subsection E of this section; provided the retrofitting and code compliance are
limited exclusively to compliance with earthquake safety standards and other
applicable building code requirements, including the applicable provisions of state
law (e.g., Title 24, California Code of Regulations, etc.).
SECTION 17. Title 21 (Zoning Code Regulations): Campbell Municipal Code Section
21.58.070 is amended to read as follows with underlining indicating new text and strikeouts
(~+~~~) indicating deleted text:
21.60.070 -Findings and decision.
A. Findings for General Plan Amendments. An amendment to the General Plan may be
approved only if all of the following findings are made:
1. The proposed amendment is internally consistent with the goals, policies, and
actions of the General Plan; and
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city; and
3. If applicable, the parcel is physically suitable (including absence of physical
constraints, access, compatibility with adjoining land uses, and provision of utilities)
for the requested/anticipated project.
B. Findings for Zoning Code and Zoning Map Amendments. An amendment to this Zoning
Code or the zoning map may be approved only if the decision-making body first makes
the following findings, as applicable to the type of amendment.
Findings required for all Zoning Code and zoning map amendments:
a. The proposed amendment is consistent with the goals, policies, and actions of
the General Plan and all applicable development agreements. Grt:a ;Mans.
neiohborhood plans, and specific plan(s~; and
b. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or general welfare of the city.
2. Additional Finding for Zoning Code Amendments. The proposed amendment is
internally consistent with other applicable provisions of this Zoning Code.
3. Additional Finding for Zoning Map Amendments. The parcel is physically suitable
(including absence of physical constraints, access, compatibility with adjoining land
uses, and provision of utilities) for the requested zoning designation(s) and
anticipated land uses/project.
City Council Ordinance No.
Adoption of a Text Amendment to Title 20 & Title 21 of the CMC
Page 8 of 8
Review and adoption of the Text Amendment to Title 20 & Title 21 of the Campbell
Municipal Code is done in compliance with California government Code Sections
65853 through 65857, which required a duly noticed public hearing of the Planning
Commission, and the Planning Commission to provide its written recommendation
to the City Council for its consideration.
SECTION 18. This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 15th day of August, 2017 by the following roll call vote:
AYES: Councilmembers: Cristina, Landry, Resnikoff, Gibbons
NOES: Councilmembers: Waterman
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
1 '~. a
Wendy ood, City Clerk