Chapt 21.08-Setback Reqmts (89)CAMPBELL CITY COUNCIL
MEETING OF 2-7-89
Ordinance 1739 - amending
/-~'~Chapter 21.08.070 of the
Campbell Municipal Code as
it pertains to requiring
approval of adjacent
property owners for
residential additions -
Second reading of this ordinance approves an
amendment to the Campbell Municipal Code to
remove the requirement of approval of
adjacent property owners for residential
additions. It is the opinion of the City
Attorney that the "neighbor consent"
provision is unenforceable.
ORDINANCE NO. 1740
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER
21.08.070 OF THE CAMPBELL MUNICIPAL CODE
AS IT PERTAINS TO REQUIRING APPROVAL OF
ADJACENT PROPERTY OWNERS FOR RESIDENTIAL
ADDITIONS. (TA 88-07)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.08.070 of the Campbell Municipal Code is
hereby amended as follows:
21.08.070 Open Space and Setback Requirements.
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
Except as provided in Subsection B, open space and setbacks shall be
required as provided in Chapter 21.55, Residential Setbacks and Open
Space.
Notwithstanding Subsection A, the Planning Commission may permit a
minimum sideyard setback of 5 feet for buildings proposed for a second
story addition, when it finds:
That said sideyard will not be detrimental to the health, safety,
peace, comfort, or general welfare of persons in the
neighborhood, or the City as a whole; and
me
That said sideyards will not unreasonably interfer with the
ability of adjoining property owners to enjoy access to sunlight,
air, privacy, and quiet enjoyment of such owner's property.
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:
7th day of February
, 19 89 , by the following
AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, WATSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: ~ONE
ATTEST:
APPROVED:
Bar'~r-a Oisasky,-City Cler~
J~Jette Watson, ~=~SC~O%~TE~'S~O~
ON FiLE IN THIS OFFICE. ORIGINAL
ATTEST: BARBARA OLSASKy, CITy CLERK,
TA 88-07 - Chapter 21.08.070
PC Mtg: 12-13-88
EXISTING
21.08.070 Open Space and Setback Requirements.
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
Side Yard -- Existin~ One Story. The Planning Commission may permit a
minimum side yard of 5 feet for buildings proposed for a second story
addition when it finds that said side yards will not be detrimental to
the health, safety, peace, morals, comfort or general welfare of
persons residin8 in the neighborhood or general welfare of the City,
and consent of adjacent property owners is obtained.
PROPOSED
21.08.070 Open Space and Setback Requirements.
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
Except as provided in Subsection B, open space and setbacks shall be
required as provided in Chapter 21.55, Residential Setbacks and Open
Space.
Notwithstanding Subsection A, the Planning Comission my permit a
minimtun sideyard setback of 5 feet for buildings proposed for a second
story addition, when it finds:
That said sideyard will not be detrimental to the health, safety,
peace, comfort, or general welfare of persons in the
neighborhood,, or the City as a whole; and
That said sideyards will not unreasonably interfer with the
ability of adjoining property owners to enjoy access to sunlight,
air, privacy, and quiet enjoyment of such owner's property.
CITY COUNCIL MEETING OF JANUARY 17, 1989
Public Hearing -
Introduction of Ordinance -
amending Chapter 21.08.070
of the Campbell Municipal
Code as it pertains to
requiring approval of
adjacent property owners
for residential additions -
TA 88-07
(Ordinance 1739)
This is the time and place for a public
hearing to consider an amendment to the
Campbell Municipal Code pertaining to the
requirement of approval of adjacent property
owners for residential additions.
City Attorney Seligmann - Staff Sunm%ary
Report dated 1/17/89.
The Mayor declared the public hearing
opened.
M/S: Kotowski/Burr - to close the public
hearing. Motion adopted unanimously.
M/S: Kotowski/Burr - to introduce for first
reading Ordinance 1739. Motion adopted by
the following roll call vote:
AYES: Councilmembers: Ashworth, Kotowski,
Burr, Watson
NOES: Councilmembers: None
ABSENT: Counci~rs: None
The City Clerk read the ordinance title.
5rS: Kotowski/Ashw~rth - to waive further
reading. Motion adopted unanimously.
CITY OF CAMPBELL
COUNCIL REPORT
Meeting Date:
Category:
Initiating Dept:
Title:
January 17, 1989
Item #
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
Planning
Public Hearing - Introduction of Ordinance (1) - amending Chapter
21.08.070 of the Campbell Municipal Code as it pertains to
requiring approval of adjacent property owners for residential
additions - TA 88-07.
PLANNING COMMISSION RECOMMENDATION
That the City Council adopt the attached findings, and take first reading of
the attached Ordinance approving TA 88-07 amending Chapter 21.08.070 of the
Campbell Municipal Code.
DISCUSSION
As the Council may recall, the Planning Commission may recall, at its meeting
of October 26, 1988, raised concerns regarding the consent provision of
Section 21.08.070 of the Campbell Municipal Code pertaining to the requirement
of approval of adjacent property owners for residential additions. As a
consequence of these concerns, the City Attorney has presented his opinion
indicating that this provision is most likely unenforceable. A memorandum
discussing this issue is attached.
A copy of the present wording of Section 21.08.070 and the recommended wording
is attached as Exhibit A.
The Planning Commission, at its meeting of December 13, 1988, adopted
Resolution No. 2572 (vote: 5-0-2) recommending that the Council approve TA
88-07.
Attachments 1. Ordinance, including amendment.
2. Exhibit A - present wording and proposed wording.
3. City Attorney's memorandum.
4. Planning Commission minutes 12/13/88.
I iTY OF I kMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department.CT'l~
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Campbell
has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, January
17, 1989, 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 amendment to Chapter 21.08.070 of the Campbell Municipal
Code as it pertains to requiring approval of adjacent property owners for
residential additions.
Interested persons may attend this meeting and be heard. Questions may be
addressed to the City of Campbell Planning Office at 866-2140.
CITY COUNCIL
CITY OF CAMPBELL
BARBARA OLSASKY
CITY CLERK
Pr.FA.SE NOTE:
~When callin~A.~3out this project,
Please refer to File
RESOLUTION NO. 2572
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 AS IT PERTAINS TO REQUIRING APPROVAL OF
ADJACENT PROPERTY OWNERS FOR RESIDENTIAL ADDITIONS,
CHAPTER 21.08.070. TA 88-07
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 21.08.070 of the Campbell Municipal Code, as it pertains to
requiring approval of adjacent property owners for residential additions.
The current ordinance provision which purports to require the consent
of adjoining property owners prior to approval under Section 21.08.070
is a cause of disharmony among neighbors, and unduly restricts the
right of a property owner to make fair use of his property.
Consequently, it is determined that the current ordinance provision
poses a threat to the public peace of the Campbell neighborhoods, and
the present amendment is necessary for the immediate preservation of
the public peace.
me
That the establishment, maintenance, and operation of the proposed
amendment will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working
in the neighborhood of such use, or detrimental or injurious to
property and improvements in the neighborhood or the general welfare
of the City.
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 13th day of December 1988 by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Stanton, Perrine, Olszewski, Walker, Christ
None
Kasolas, Dickson
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
PLANNING COMMISSION MEETING
DECEMBER 13, 1988
TA 88-07
City-initiated
Public hearing to consider City-initiated
amendment to Chapter 21.08.070 of the
Campbell Municipal Code as it pertains to
requiring approval of adjacent property
owners for residential additions.
Principal Planner Stafford reviewed the Staff Report of December 13, 1988,
noting that Staff is recommending approval of this amendment.
Chairman Christ opened the public hearing and invited anyone to speak on this
item.
Commissioner Olszewski asked if the current situation limited the Commission's
ability to make a reasonable determination if another neighbor objects.
Commissioner Walker stated that he always appreciates the input of the
neighbors.
M/S:
Stanton, Perrine -
That the Planning Commission recommend that
the City Council accept the Negative
Declaration which has been prepared for the
Text Amendment; and, that the Planning
Commission adopt Resolution No. 2572
recommending that the City Council delete the
requirement for adjacent property owners'
consent in approvals of modifications to
sideyard setbacks. Motion carried with the
following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Stanton, Perrine, Olszewski, Walker, Christ
None
Kasolas, Dickson.
ITEM NO. 8
STAFF REPORT - PLANNING COMMISSION MEETING OF DECEMBER 13, 1988
TA 88-07
City-initiated
Public hearing to consider City-initiated
amendment to Chapter 21.08.070 of the Campbell
Municipal Code as it pertains to requiring
approval of adjacent property owners for
residential additions.
STAFF RECOMMENDATION
1. That the Planning Commission RECOMMEND that the City Council ACCEPT the
NEGATIVE DECLARATION which has been prepared for the Text Amendment; and
That the Planning Commission ADOPT a RESOLUTION RECOMMENDING that the City
Council DELETE the requirement for adjacent property owners consent in
approvals of modifications to sideyard setbacks.
STAFF DISCUSSION
As the Planning Commission may recall, at its meeting of October 26, 1988,
members of the Commission raised concerns regarding the consent provision of
Section 21.08.070 of the Campbell Municipal Code. As a consequence of these
concerns, the City Attorney has presented his opinion indicating that this
provision is most likely unenforceable. A memorandum discussing this issue is
attached.
A copy of the present wording of Section 21.08.070 and the recommended wording
is attached as Exhibit A.
IT¥ OF MPBI LL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department: Planning
December 1, 1988
DECLARATION THAT AN ENVIRONMENTAL
IMPACT REPORT IS NOT REQUIRED
(NEGATIVE DECLARATION)
APPLICANT
ADDRESS
: City of Campbell, Planning Department
: 70 N. First St.
Campbell, CA 95008
FILE NO. : TA 88-07
SITE ADDRESS : n/a
Campbell, CA
95008
Pursuant to the applicable sections of the California Environmental
Quality Act of 1970 and City of Campbell Resolution No. 5164; and
After review of plans and information supplied by the applicant
pertaining to the captioned project, and after completing the
attached initial study, the undersigned does hereby determine
that the captioned project will have no significant effect (no
substantial adverse impact) on the environment within the terms
and meaning of said Act and Resolution.
Executed at Campbell, California this 1st day of December , 1988 .
Arthur A. Kee, Planning Director
DIRECTOR OR OFFICIAL
B~: Tim J. Haley, Planner II
CITY OF CAMPBELL
Item No. 1
M 88-22
Wiseman, F.
CII"Y (~CIL/JU3VI.~ CX3t, I,II~IO~I/STAFF
TO Planning Commission
City Council
INSTi~UCTI(31~I$ F13R USE OF' THIS F~
THIS FORM SHOULD BE UTILIZED NHENEVER A REFERRAL IS MADE FROM ONE
ELECTED OR ADVISORY BODY TO THE CITY COUNCIL OR ADVISORY COMMISSION OR
CITY MANAGER- THE INFORMATION REQUIRED TO'COMPLET~ THIS FORM SHOULD BE
PROVIDED BY THE INITIATOR AT THE TIME THE REFERRAL IS MADE- THE STAFF
ADVISOR'glLL BE RESPONSIBLE FOR COMPLETING' THE' F~ORM FOR REVIEW AND
SIGNATURE BY THE MAYOR OR COMMISSION CHAIRMAN-
Planning Commission Referral - Urgency Ordinance - M.C. section 21.08.070
SUBJECT (A SPeCIFiC SU~RYOF TH~ REFERRAL)
The City Council on 1]/1/~8 considered the Pla~i~q Commission re-
ferral that the Council consider an Urgency Ordinance to eliminate
the provision under Municipal Code Section 21.08.070 to require
consent from an adjacent property owner relative to second story
additions and setback requirements. Upon consideration of a ~ublic
opinion rendered by the City Attorney regarding the validity of the
consent requirement, the Council took action to note and file the
City Attorney's opinion, and that an Urgency Ordinance not be
considered.
ACTI (~N RE~QUI;STE~D
[~ IHF'ORMATION ONLY rq REVIEW AND ~ TAKE ACTION
R~COMM~ND ACT ION
~~ (IF ~C~S~) This action will en~le the staff to
proceed with the necessary text ~endment to the M~icipal Code
for approval by the Planning Commission and City Council.
RI~SP0t~£ REQUESTI;D BY (BY t~ff~AT DAT~ 'rt-[E ACTION SHOULD B~ CC3MPL;T£D. IF'
NO DATE IS SPECIFIED, THAT SHOULD BE INDICATED.)
DAT~ Nov. 4, 1988
CITY COUNCIL MEETING OF NOVEMBER l, 1988
Planning Co~mission
Referral - Urgency
Ordinance amending Section
21.08.070 of the Campbell
Municipal Code
City Attorney Seligmann - Staff Stm~n~ry
Report dated 11/1/88.
Council consensus - that the City Attorney
provide a public analysis re the validity of
the consent requirement.
City Attorney Seligmann - reported that
research indicates in similar cases this
requirement violates the due process clause
of the U.S. Constitution. Therefore, if the
matter w~re referred back to the Planning
C~,,,~ssion, it would be with the intention
to recommend the provision be treated as
unenforceable.
M/S: Ashworth/Kotowski - to note and file
the City Attorney's c~,~nts. Motion
adopted unanimously.
CITY OF CAMPBELL.
Meeting Date: November 1, 1988
COUNCIL REPORT
Item #
Category: ADVISORY COMMISSIONS
Initiating Dept: Planning
Title:
Planning Commission Referral - Urgency Ordinance amending
Section 21.08.070 of the Campbell Municipal Code.
PLANNING COMMISSION RECOMMENDATION
That the City Council find that the current ordinance provision which
purports to require the consent of adjoining property owners prior to
approval under Section 21.08.070 is a cause of genuine disharmony
among neighbors, and unduly restricts the right of a property owner to
make fair use of his property; and
2. That the City Council adopt the attached Exhibit A as an urgency
ordinance.
DISCUSSION
At its meeting of October 25, 1988, the Planning Commission continued the
consideration of an applicant's request to construct a second story
addition with a 6' setback rather than an 8.75' setback. Section
21.08.070 allows the Planning Commission to approve such requests if it
makes certain findings and if consent from adjacent property owners is
obtained. The Commission expresses reservation regarding the second
requirement that consent from an adjacent property owner may determine if
a request can or cannot be approved.
The Commission (vote: 4-3) consequently requested that the City Council
consider an Urgency Ordinance to eliminate the requirement for consent
from an adjacent property owner in such situations. The attached Exhibit
A would accomplish the request of the Planning Commission.
An Urgency Ordinance would require a 3/4 vote of the City Council.
Attachment
1. Urgency Ordinance.
f: adjoinprop