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Chapt 21.59 Projections (1995)MEMORANDUM To: Curtis Banks Date: Community Development Department From: Jar~emsley Ci~ Clerk's Office Subject~rdinance 1918- "Pro3ections' Allowed Into Yards" CITY OF CAMPBELL May 18, 1995 At its regular meeting of May 16, 1995, the City Council adopted Ordinance No. 1918 amending Section 21.59.080 of the Municipal Code, entitled "Projections Allowed Into Yards" Please find certified copy of this Ordinance attached for your records. This Ordinance will be published one time in the Campbell Express of May 24, 1995, and will be forwarded to Book Publishing for codification. RECEIVED CITY OF CA~PSi::L~. PLANNING DEPT ORDINANCE NO. 1918 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, AMENDING CHAPTER 21.59.080 - "PROJECTIONS ALLOWED INTO YARDS,' OF THE CAMPBELL MUNICIPAL CODE. FILE NO. 95- 01 The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.59.080 of the Campbell Municipal Code is hereby amended as set forth in Attachment "A" attached hereto. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general drculation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 16 day of May, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: Watson, Dougherty, Conant, Wilkinson, Burr NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS: None APPROVED: x~~--~'~'~~ ~'~:~>~~ ~oonald R. Burr, Mayor ATTEST:: Anne Bybee, City Clerk 21.59.080 Projections allowed into yar~5 Attachment "A" Do F_ Cornices, eaves, belt courses, sills, Canopies, bay windows totaling no .more than ten (10) feet in width, or other similar architectural features f""' :'~'""~'~" ~' ..... ~'~" ........... ';~' '~'"~'~-'"~ may extend or project into a required side yard or rear yard not more than twenty-four inches and may extend or project into a required front yard not more than thirty inches. Chimneys may project into a required front, side, or rear yard not more than eighteen inches. No architectural feature may extend doser than three feet tO any property li~_o~ F~re Escapes. Open, unenclosed fire escapes may extend or project into any front, side or rear yard not more than four feet. Open Stairways and Balconies. Open unenclosed stairways, or balconies, not covered by a roof or canopy may extend or project into a required front yard not more than thirty inches. Trees, Shrubs, and Plants. Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any required front, side or rear yard provided they do not produce a hedge effect contrary to the provisions of Section 21.59.090. Nameplates, Bulletin Boards, and Signs. Nameplates, bulletin boards, or signs appertaining to the prospective sale, lease or rental of the premises on which they are located, as permitted int his title, shall be allowed in any required front, side or rear yard, provided that they do not impair pedestrian or vehicular safety as determined by the director of Public works. o 10. Minutes of Joint City Council/Planning Commbion Study Seuion of April 24, 199S This action approves the minutes of the Joint City Council/Planning Commission Study Session of April 24, 1995. Minutes of R~,ular Meeting of May 2, 1995 This action approves the minutes of the Regular ldeetin~ of May 2, 1995. Payment of Bills and CIMms This action approves the list of bills and claims for payment covering the period of April 24, 1995 through May 3, 1995, in the amount of $1,433,417.66. Ordinance 1918 Amending Section 21.$9.080 of the Campbell Municipal Code - Projections Allowed Into Yards" (Second Reading/Roll Call Vote) Second reading of Ordinance 1918 approves an amendment ~o SeCtion 21.59.080 of the Campbell Municipal Code entitled Projections Allowed Into Yards to allow bay windows totalling no more than 10' wide, and other architectural elements permitted to extend twenty-four inches into the required side and rear yard areas and thirty inches into the required front yard area. Campbell Lighting and Landscaping District, Fiscal Year 199~-96 - Engineer's Report/Resolution of Intention (Resolution/Roll Call Vote) Resolution 8816 preliminarily approves the Engineer's Report for the annual levy and collection of assessments for City of Campbell Lighting District LLA-1 for Fiscal Year 1995-96, and Resolution 8817 declares the City Council's intention to levy and collect assessments within City of Campbell Lighting District LLA-I for Fiscal Year 1995-96. Approval of Cable Rate Adjustments This action approves TCI Cablevision rate adjustments for "basic-tier" cable programming, service and equipment to the amounts permitted under FCC rules and regulations, and to note and file the staff report. Denial of Liability Claim - Maynard Rougier This action finds the legal liability for the claim of Maynard Rougier to be disputed and, therefore, denied. S/16/95 City Council Minutes 3 PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 16. 17. City-initiated Amendment to Campbell Municipal Code Section 21.$9.080 - "Projections Allowed/nto Yards" (Introduction of Ordinance/Roll Call Vote) This is the time and place to consider a City-initiated amendment to Campbell Municipal Code Section 21.59.080, "Projections Allowed Into Yards." Community Development Director Piasecld - Staff Report dated May 2, 1995. Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wi.~hlng to speak, Mayor Burr closed the public hearing. M/S: Conant/Watson - to introduce Ordinance 1918 amending Campbell Municipal Code Section 21.$9.080, "Projections Allowed Into Yards" for ih-St reading. Motion adopted by the following roll call vote: AYES: Councilmembers: Watson, Dougherty, Conant, Wilkinson, Burr NOES: Councilmembers: None The City Clerk read the title of Ordinance 1918. M/S: Conant/Watson - that further reading of Ordinance 1918 be waived. Motion adopted unanimously. · Amendment to Campbell Municipal Code Chapter 6.11 o Smoking Ordinance (Introduce Ordinance/Roll Call Vote) This is the time and place for a public hearing to consider a City-initiated amendment to Campbell Municipal Code Chapter 6.1 l, "Smoking Ordinance." Administrative Analyst Fialho - Staff Report dated May 2, 1995. S/2/95 City Council Minutes oty Council Report ITEM NO.: CATEGORY: MEETING DATE: Public Heatings -March. 2, 1995 City-initiated Amendment to Campbell Municipal Code, Section 21.59.080 -- 'Projections allowed into yards' (Introduction of Ordinance Roll Call Vote). R£GQMM£NDATION The Planning Commission recommends that the City Council adopt an ordinance modifying the Campbell Municipal Code, Section 21.59.080 - 'Projections allowed into yards". At the City Council meeting of March 7, 1995, the Council authorized staff to proceed with a text amendment to modify Chapter 21.59.080 of the Municipal Code. This section regulates the projection of architectural features into the required yard areas. Bo The ordinance permits cornices, canopies, eaves and other similar architectural features to extend up to twenty-four inches into a required yard area. However, the ordinance specifically prohibits bay windows from extending into the required yard areas. Prohibiting bay windows and other architectural elements from extending into the required yard area has become a design constraint for new homes and additions to existing homes. Bay windows provide articulation which · helps avoid home designs with long flat wall planes. Avoiding long unarticulated wall planes are part of the design criteria contained in both the San Tomas Neighborhood Plan and the City's Design Guidelines for Single Family Developments. Staff is proposing that bay windows totaling no more than 10' wide, and other architectural elements be permitted to extend twenty-four inches into the required side and rear yard areas and thirty inches into the required front yard area. The Planning Commission, at its meeting of April 11, 1995, adopted Resolution No. 2959 recommending that the City Council approve the proposed text amendment. FINANCIAL IMPACT None City Com~cil Repo~ 9,~-o~ Pa~ -2- May 2,1995 ALTERNATIVES Deny the retmest: The Municipal Code would not be modified. Modify the Text Amendment Direct staff to modify the Amendment to address any concerns of the Attachments 1. Proposed Ordinance 2. Planning Commission Resolution No. 2959 3. Planning Commission Minutes of April 11, 1995 4. Staff Report dated April 11, 1995 (without attachments) Prepared by: Submitted Curtis Banks, AICP Planner II Director of Planning Approved by: Mark Ochenduszko City Manager Planning Commission Minutes of April 11,1995 Page 2 ORAL REQUESTS: There were no oral requests. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. I into the record. 1. TA 95-01 Public Hearing to consider the City-initiated application for approval of a Text Amendment CrA 95-01) to amend Campbell Munidpal Code Section 21.59.080 - "Projections Allowed Into Yards." Mr. Curtis Banks, Planner II, presented the staff report noting the following: · The proposed amendment to the Campbell Munidpal Code will clarify Section 21.59.080 as it pertains to projections allowed into yards. · Currently the ordinance allows cornices, eaves, etc. to extend into yards by 24- inches on the side yard and by 30 inches on the front yard. · Proposed amendment would add bay windows to the architectural features that would be allowed to project into the required yard areas by 24 inches into the side yard and 30 inches into the front yard. · Staff believes that not including bay windows in the allowable projections list causes design constraints and recommends approval of this amendment. Commissioner Alne asked why the bay windows had been prohibited into the setback space. Mr. Curtis Banks replied that he was uncertain what reasoning was used as the ordinance had been in place for some time now. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 1. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing (6-0-1; Commissioner Perrine was absent). MOTION: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 2959, recommending approval of TA 95-01 (CMC Section 21.59.080 - "Projections Allowed Into Yards", by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Perrine None This recommendation will be forwarded to City Coundl on May 2, 1995. RESOLUTION ~.~ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE, AMENDING CHAPTER 21.59.080 - "PROJECTIONS ALLOWED INTO YARDS." CFI'Y-INITIATED APPLICATION, PLANNING FILE NO. TA 95-01. After notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the City Attorney, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a need to amend Chapter 21.59.080 to the Campbell Municipal Code. The Planning Commission does hereby recommend that the City Council adopt the attached modification to Chapter 21.59.080 (Exhibit "A") enacting the necessary legislation to make the proposed Text Amendment effective. PASSED AND ADOPTED this llth day of April, 1995, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, I-Iiggins, Kearns, Lowe, Lindstrom, Meyer-Kennedy None Perrine APPROVEEk Stev~--PPasecki, Secretary Jane Meyer-Kennedy, Chair ITeM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 11,1995 TA 95-01 - City Initiated Public Hearing to consider the City-initiated application for approval of a Text Amendment (TA 95-01) to amend Campbell Municipal Code Section 21.59.080 - "Projections Allowed Into Yards." STAFF RECOMMENDATION That the Planning Commission adopt a resolution incorporating the attached findings recommending that the City Council adopt the attached Text Amendment. ENVIRONMENTAL DETERMINATION This item is Categorically Exempt, under section 15305 of CEQA; hence no further environmental assessment is necessary. Ao Campbell Municipal Code Section 21.59.080 - "Projections Allowed Into Yards" permits cornices, canopies, eaves and other similar architectural features to extend up to twenty-four inches into a required side or rear yard area and thirty inches into the required front yard area. However, the ordinance specifically prohibits bay windows from extending into the required yard areas. Prohibiting bay windows and other architectural elements from extending into the required yard area has become a design constraint for new homes and additions to existing homes. Bay windows provide articulation which helps avoid home designs with long flat wall planes. Avoiding long unarticulated wall planes are part of the design criteria contained in both the San Tomas Neighborhood Plan and the City's Design Guidelines for Single Family Developments. Co Staff is proposing that bay windows totaling no more than 10' wide, and other architectural elements be permitted to extend twenty-four inches into the required side and rear yard areas and thirty inches into the required front yard area. Attachments: 1. Proposed modifications to Chapter 21.59.080 of the Campbell Municipal Code. Prepared by: Approved by: Curtis Banks, AICP Planner II 21.59.080 Projections allowed into yards Cornices, eaves, belt courses, sills, canopies, bay windows totaling no more than ten (10) feet in width, or other similar architectural features project into a requ/red si~e yard or rea~ yard not more tha~ ~wen~-four inches and may extend or project into a required front yard not more than thirty inches. Chimneys may project into a required front, side, or rear yard not more than eighteen inches. No architectural feature may extend closer than three feet to any property line. Fire Escapes. Open, unenclosed fire escapes may extend or project into any front, side or rear yard not more than four feet. Open Stairways and Balconies. Open unenclosed stairways, or balconies, not covered by a roof or canopy may extend or project into a required front yard not more than thirty inches. Do Trees, Shrubs, and Plants. Landscape features, such as trees, shrubs, flowers or plants, shall be permitted in any required front, side or rear yard provided they do not produce a hedge effect contrary to the provisions of Section 21.59.090. Eo Nameplates, Bulletin Boards, and Signs. Nameplates, bulletin boards, or signs appertaining to the prospective sale, lease or rental of the premises on which they are located, as permitted int his title, shall be allowed in any required front, side or rear yard, provided that they do not impair pedestrian or vehicular safety as determined by the director of public works. oty Council Report ITEM NO.: CATEGORY: MEETING DATE: Consent Calendar March 7, 1995 Authorization to proceed with a Text Amendment to Campbell Municipal Code, Section 21.59.080 - "Projections allowed into yards". RECOMMENDATION That the City Council authorize staff to amend section 21.59.080 of the Campbell Municipal Code (Projections allowed into yards) for areas zoned R-l-8 and greater. DISCUSSION Ao This is a staff initiated request to modify Chapter 21.59.080 of the Municipal Code. This section regulates the projection of architectural features into the required yard areas. The ordinance permits cornices, canopies, eaves and other similar architectural features to extend up to twenty-four inches into a required yard area. However, the ordinance specifically prohibits bay windows from extending into the required yard areas. The intent of prohibiting bay windows from extending into the required yard areas is due to the limited side yard setbacks of five feet in the R-l-6 zoning district. A bay window extending two feet into the yard area would leave a side yard of only three feet. The San Tomas Plan increased the setbacks to a minimum of ten feet on one side yard and eight feet on the other side yard for lots zoned R-l-8 or greater. Staff believes that the increased setbacks provide sufficient room to permit bay windows to extend into the yard area. The prohibition against allowing bay windows to extend into the side yard setback area has become a design constraint for developments in the San Tomas Area. Bay windows provide articulation which helps avoid homes design with long flat wall planes and should be encouraged within the R-1 zones that require a minimum of eight to ten foot setbacks. Avoiding long unarticulated wall planes are part of the design criteria contained in the San Tomas Neighborhood Plan. FINiCaL IMPACT None City Council Report - Authorization to Proceed with Text Amendment Page -2- March 7, 1995 ALTERNATIVES 1. Deny the reouest: The Municipal Code would not be modified. Attachments 1. Section 21.59.080 of the Campbell Muncipal Code. Prepared by: Curtis Banks, AICP Planner II Submitted by: Steven T. Piasecki, AICP Director of Planning Approved by: Mark Ochenduszko City Manager