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Chapt 21.42 Site & Arch (1989)CITY OF CA/,iPBnt. L CITY COUNCIL }qlNLrFES OF ,lilLY ~, 1989 DEFERRED ITEMS Planning Department - reccoraendod continuance - City-initiated text amendment - Chapter 21.61 - ding ~'(Cont d. 6/20/89 ) Planning Director Piasecki - reported that the staff would be meeting again with representatives of the skateboard conmunity, and requested continuance of this item to September 5, 1989. -4- CITY COUNCIL MTG MINUTES - JUNE 20, 1989 Second Reading - Ordinance No. 1753 - City-initiated text amendment - Chapter 21.42 (Site and Architectural)~ TA 89-02 ~ Second Reading of ordinance 1753 amends Section 21.42.020 of the Campbell Municipal Code adding the word "maintain" to clarify that a property owner cannot continue an illegal use created by the preceding owner. ORDINANCE NO. 1753 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.42 (SITE & ARCHITECTURAL) OF THE CAMPBELL MUNICIPAL CODE (T~i~'9-O~y The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter/Section 21.42 (Site & Architectural) of the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. 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 roll call vote: 20thday of June 19 89 · by the following AYES: Councilmembers: KOTOWSKI, ASMWORTH, BURR, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ATTEST: APPROVED: ~ '~ / . . . yne~te Watson, Mayor Barbara Olsasky, City Clerk / EXHIBIT A - CHAPTER 21.42 (SITE & ARCHITECTURAL) CAMPBELL MUNICIPAL CODE - TA 89-02 21.42.020 Site and Architectural Review Permit. No building, structure, or use shall be created, erected, constructed, enlarged, maintained, placed or installed on any site in any zoning district which has been combined with the S (Site and Architectural Review Area) until a Site and Architectural review permit is issued. Ail building, structures, developments, and uses issued a Site and Architectural Review Permit shall, at all times, comply with the approved plans and conditions of approval. (Ord. 1617 Sect. 1 (part), 1986). CITY COUNCIL MEETING MINUTES - JUNE 6, 1989 Public ~aring - Introduction of Ordinance (1753) - City-initiated text ar~endment - Chapter 21.42 (Site and Architectural) (TA 89-02) This is the time and place for a public hearing to consider a City-initiated text amendment to the Campbell Municipal Code. Planning Director Piasecki - Staff Summary Report dated 6/6/89. The Mayor declared the public hearing opened and asked if anyone in the audience wished to a~ress the City Council. M/S Ashworth/Burr - close the public hearing. Motion adopted unanimously. M/S: Ashworth/Burr - to intro~,ee for first reading Ordinance 1753. Motion adopted by the following roll call vote: Councilmembers: Kotowski, Ashworth, Conant, Burr, Watson Councilmembers: None Councilmembers: None CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: June 6, 1989 Item# PUBLIC HEARIING AND INTRODUCTION OF ORDINANCE Planning Department Public Hearing Introduction of Ordinance (1) - City-initiated text amendment - Chapter 21.42 (Site and Architectural) - TA 89-02. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the City Council take the first reading of the attached ordinance amending Section 21.42.020 (Site and Architectural) of the Campbell Municipal Code. BACKGROUND Section 21.42.020 (Site and Architectural) of the Zoning Ordinance specifies when a Site and Architectural Review Permit is required. A recent code enforcement action regarding the enforcement of this section indicated that this section may need to be clarified. Addition of the word "maintain" to Section 21.42.020 would clarify that a property owner cannot continue an illegal use created by the preceding owner. ZONING OR GENF2LkL PLAN CONSISTENCY: None. MAJOR ISSUES: None. RECOMMENDATION The Planning Commission, at its meeting of May 23, 1989, adopted Resolution No. 2592, recommending that this section be amended (vote: 4-0-3). Attachments: 1. Draft Ordinance 2. City Attorney memo - Confidential 3. Planning Commission minutes of May 9, 1989 f: ta89-02/pg.5 Aproved by the Planning Director: Approved by the City Manager: 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF CAMPBELL STATE OF CALIFORNIA COUNTY OF SANTA CLARA Ci.t~ of Campbell .................... .7.~. Nor,~h Central Avenue ........................ ~aqag?.h~.~-.,...~& ...... ~.~.Q.Q.~ .............................................................. ................. ~Z~-CK.~E..H~ARIN~ ...... No ...... (-]-690~.XX~ ..................................... STATE OF CALIFORNIA, \ COUNTY OF SANTA CLARA] ss. Trve u~. being r~s! ~ IWOd'T% ~ S~d Say'S: T~! It Il I~ hereafter ~nli~d ~fl~ was ~ ~ ~s ~ ~ta~. ~t~ a~ ~ ~ ~t~ w~ ~t ~ t~ ~t ~ t~n ~r~a~ was pr~e~d ~1~ IO ~ g~ t~l ~ c~ ~ ~h ~ I~ ~ v' NOTICE OF. HEARING Notice is hereby given that the City Council o! the City of Campbell has, set the time of 7'"30 P.m., or shortly thmeafter, on Tuesday, Jharte 6, 1989 in the City Hall ~Council tubers, 70 N. First Street, Campbell. ~alifomia for a pub~ heming to conskler a elto-initiated text ame~lme~t · to ~ Chapter o.42 (Site and Archit~he eing Ordinance. FILE ~ I~ans, elevations, legal description, and/or Qthe~ suppoding documentation is on file in the Planning Department. 70 N. Firsl St.. ~mpbell, California. t~le~ested persons may appear, and be ~ard at this hearing..Please be advised [hat. d you.challenge the nature of the above pr o~ect in court, you may be limited to raising only those issues you or someone ~se raised at the public healing described i~ this Notice. or in written correspondence delivered to the City Clerk at, or prior to, the i:~.fotic hearing. Ouestions may be ad- ~'essed to Ihe Planning Office at 866-2t 40. '~' CITY COUNCIL - CITY OF CAMPBELL = · BARBARA,OLSASKY. m,~'-. CITY CLERK' ~.~;~, (1690-EX) EAS E NOTEi When calling about this. rice..please refer to FILE '~rTA89-02. . May 17 lqgq 'e ~ pe,r~y o~ pe~J,.a7 thai the Icx*~ Is In.m ~ cX.~ prater ~ ~l::d~,,~ c~ the S~n RESOLUTION NO. 2592 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE, CHAPTER 21.42 (SITE AND ARCHITECTURAL). TA 89-02 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 Planning Director, 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 significant need to amend Chapter 21.42 (Site and Architectural) of the Campbell Municipal Code. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 9th day of May 1989 by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Christ, Walker, Olszewski None Kasolas, Stanton, Dickson ATTEST: Arthur A. Kee Secretary APPROVED: Bruce J. Olszewski Chairman PLANNING COMMISSION MEETING MINUTES - MAY 9, 1989 PUBLIC HEARINGS TA 89-02 City-initiated Public hearing to consider a City-initiated text amendment to Chapter 21.42 (Site and Architectural) of the Zoning Ordinance. City Attorney William Seligmann reviewed the Staff Report of May 9, 1989. The public hearing on TA 89-02 was opened. No one wished to speak at this time. M/S: M/S: Perrine, Christ - Walker, Christ - That the public hearing on TA 89-02 be closed. Motion carried unanimously (5-0-2). That the Planning Commission adopt Resolution No. 2592, including the attached findings, recommending approval of TA 89-02. Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Perrine, Christ, Walker, Olszewski None Kasolas, Stanton, Dickson. ITEM NO. 5 STAFF REPORT - PLANNING COMMISSION MEETING OF MAY 9, 1989 TA 89-02 City- in it iated Public hearing to consider a City-initiated text amendment to Chapter 21.42 (Site and Architectural) of the Zoning Ordinance. STAFF RECOMMENDATION That the Planning Commission ADOPT a RESOLUTION, incorporating the finding that the proposed amendment clarifies the intent of the existing law requiring a Site and Architectural Approval Permit, RECOMMENDING that the City amend Section 21.42.020 as indicated below: 21.42.020 Site and Architectural Review Permit. No building, structure, or use shall be created, erected, constructed, enlarged, maintained, placed or installed on any site in any zoning district which has been combined with the S (Site and Architectural Review Area) until a Site and Architectural review permit is issued. Ail building, structures, developments, and uses issued a Site and Architectural Review Permit shall, at all times, comply with the approved plans and conditions of approval. (Ord. 1617 Sect. 1 (part), 1986). DISCUSSION Back~round: Section 21.42.020 of the Zoning Ordinance specifies when a Site and Architectural Review Permit is required. A recent code enforcement action regarding the enforcement of this section indicated that this section may need to be clarified. Addition of the word "maintain" to Section 21.42.020 would clarify that a property owner cannot continue an illegal use created by the preceding owner. f:TA89-02 ks I-'I~UU~ UI"' t'"U~LIUA! IUN 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF CAMPBELL STATE OF CALIFORNIA COUNTY OF SANTA CLARA City of Campbell 75 North Central Avenue Camobell, CA 95008 STATE OF CALIFORNIA, \ COUNTY OF SANTA CLARA] ss. was ii I~ ~ I~ ~ I~ I~ $li ~ t~ ~1 ~k ~ Ir~ ~te~ and ~ t~n ~r~8~ wis ~ ~th w~dS ~t~ ~ ~-Ia~ ~ nol ~ ~ ~h i ~x~ ~ 8 t~ ~l~ c~y, wis ~ ~ ~1~ ~ April 26, 1989 NOTICE OF HEARINGS II the hour of 7:30 p.m., or .txxlly thereafter, II Tue~lay, May 9 1989 in PLANNING COMMISSK)N CITY OF CAMPBELL STEVE PIASECKI ......... CI'z'Y OF CA~BELL, CALIFORNIA NOTICE OF EXEMPTION TO: Secretary for Resources 1416 Ninth St., Rm. 1311 Sacramento, CA 95814 County Clerk's Office Santa Clara County 191 N. First St. San Jose, CA 95113 FROM: CiTY OF CAMPBELL PLANNING DEPARTMENT 70 N. FIRST ST. CAMPBELL CA 95008 PROJECT TITLE: TA 89-02 PROJECT LOCATION: Specific PROJECT LOCATION: City Campbell County Santa Clara ' DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: 7ext Amendment to Zoning Ordinance (Chp 2].42) NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Campbell Planning Commission NAME OF PERSON/AGENCY CARRYING OUT PROJECT: C|t¥ of Campbell EXEMPT STATUS (Check One): YY __ Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)&(c)) Emergency Project (Sec. 15071 (b)&(C)) Categorical Exemption - State Type & Section Number £1~ ~l (~ REASONS WHY PROJECT IS EXEMPT: -ord|nance to permit enforcement ' ' ' Clarification of wording in existing CONTACT PERSON: Tim J..Haley TEL. NO.: (408) 866-2140 IF FILED BY APPLICANT: 1. Attach certified document of exemption finding. 2. Has a notice of exemption finding been filed by the public agency approving the project? __ Yes No. DATE RECEIVED FOR FILING: S I GNATURE: TITLE: 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning April 19, 1989 NOTICE OF HEARINGS Notice is hereby given that the Planning Commission of the City of Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, May 9, 1989 in the City Hall Council Chambers, 70 N. First St., Campbell, California, for public hearing to consider the following proposed projects: UP 89-05 - 555 W. Campbell Ave. Rev. Cherie Newlandi, New Jerusalem Church - Conditional Use Permit to allow establishment of a community religious center in an existing office building - P-F (Public Facilities/Public, Semi-Public) Zoning District. APN 305-24-49 TA 89-02 - City-initiated Text Amendment to Zoning Ordinance - Chapter 21.42 (Site and Architectural Approval). Plans, elevations, legal descriptions, and/or other supporting documentation is on file in the Planning Office, 70 N. First St., Campbell, California. Interested persons may attend this meeting and be heard. Please be advised that if you challenge the nature of any of the above projects 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 PUBLISH ONE TIME: WEDNESDAY, EXTRA SECTION April 26, 1989 CITY LOGO, 8-PT. TYPE