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Chapt 21.40-Overlay Dist (1988)CITY COUNCIL MEETING JULY 5, 1988 Second Reading - Ordinance 1703 - City-initiated text amendment - Chapter 21.40 of the Campbell Municipal Code (O-Overlay District) - Second Reading of this Ordinance approves amendments to the Campbell Municipal Code clarifying the "0" Overlay zoning district regulations. ORDINANCE NO. 1703 BEING AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.40 (O-OVF~RI~Y DIS%~RICT) OF THE CAMPBELL MUNICIPAL CODE (TA 88-02). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. SECTION /540: mis 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 5th day of roll call vote: July, 1988 , by the following AYES: Councilmembers: Ashworth, Kotowski, Doetsch, Watson NOES: Councilmembers: None ABSENT: ATTEST: Councilmembers: P0dgorsek By: J~KNETIE WATSON, MAYOR PRO T£M B THE FOREGOING INSTRUMENT IS A TRUE A~.ID CORRECT COPY OF THE ORIGINAL ~"~! FI! E IH THIS OFFICE. '~m~T: [~ARBARA OLSASKY, CITY CLERK, O,T~CAMPBELL, CALl FOR~ EX.iBIT A BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING SECTIONS 21.40.020 AND 21.040.070 OF THE CAMPBELL MUNICIPAL CODE~ REVISED - CLARIFYING O OVERLAY DISTRICT REGULATIONS WHEREAS, the City finds that the language of Municipal Code needs to be applicability of the site regulations; NOW, THEREFORE, the City Campbell does ordain as follows: SECTION 1~ These amendments are clarifying the existing law, and shall effecting a change in the current law. development process Council of the City of Campbell Chapter 21.40 of the Campbell clarified with respect to the to city wide Council of the City of for the purpose of not be construed as SECTION 2: The second paragraph of Section 21.04.010 of the Campbell Municipal Code, Revised, shall be amended by adding the words "regulations applicable to all districts," between the words "regulations," and "or other requirements," so that the Section reads as follows: 21.04.010 Purpose. The purpose of the Overlay district is to provide modifications, additions, and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be treated satisfactorily. The "0" Overlay district may be combined with any of the zoning districts designated in the zoning code except the R1, PD and C-PD districts. The addition of an overlay district designated with any zoning district shall not operate to reduce or eliminate any requirements established by the ba~i~ distr~t regulations, re~ulations applicable to all distrlc=s, or o=ner requirements contained in this chapter applicable to any district with which the overlay district is added except variations to lot area, lot width, open space in yard, height and parking space requirements. SECTION 3~ Section 21.40.020 of the Campbell Municipal Code, Revised is hereby amended by striking the words "otherwise required by the regulations of the zoning district with which an 0 district is combined," from the second paragraph, so that the section reads: 21.40.020 & 21.40.070 0 Overlay District Regulations page 2. 21.40.020 ~ted tal s ~e/° menteserm~t' No building, structure, or use , hed, erected, constructed, enlarged, placed or installed in any zoning district with which the O district is combined until a special development permit is issued by the city council. No use permit or variance shall be required for uses, or building or structures, permitted in an approved special development permit. (Ord. 1617 Section I (part), 1986). SECTION 4= Section 21.40.070 of the Campbell Municipal Code, Revised is hereby amended by amending subsection (b) to read as follows: (b) The city council shall render its decision by ordinance within thirty days after conclusion of such public hearing. Upon finding that the property has unique or special characteristics and that the proposed project will be consistent with the General Plan and will aid in the harmo~0us development of the immediate area, the city council ma_y_, approve the application. In approving the application, the council may require such conditions as it deems necessary and appropriate to secure the purposes of this title and the General Plan. The council may impose time limits within which the conditions must be fulfilled and the proposed development started and completed. (Ord. 1617 Section i (part), 1986). CITY COUNCIL MEETING JUNE 7, 1988 Public Hearing - City-initiated text amendment - Chapter 21.40 of the Campbell ~.kunicipal Code (O-Overlay District ) - TA 88-02 (Ordinance 1703) This is the tim~ and place for a public hearing to consider a City-initiated text a~ndment to the "O-Overlay District" regulations. City Attorney Seligmann - Staff Sun, nary Report dated 6/7/88. The Mayor declared the public hearing open. M/S: Kotowski/Watson - to close the public hearing. Motion adopted unanimously. M/S: Watson/Kotowski - to give first reading to Ordinance 1703, and schedule second readgng for the July 5 regular meeting. Motion adopted by the following roll call vote: AYES: Councilmembers: Ashworth, Kotowski, Watson NOES: Councilmembers: Podgorsek ABSENT: Councilmembers: Doetsch The City Clerk read the Ordinance title. M/S: Kotowski/Watson - to waive further reading. Motion adopted unanimously. -6- CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: June 7, 1988 Item # PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Planning Department Public Hearing - City-initiated text amendment - Chapter 21.40 of the Campbell Municipal Code (O-Overlay District) TA 88-02. PLANNING COMMISSION RECOMMENDATION That the City Council give first reading to the attached Ordinance approving amendments to Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code clarifying the "0" Overlay Zoning District regulations. DISCUSSION As the Council is aware, a question has been raised by a developer as to the procedure required by the City in order to accept and process an application for a building in excess of the 75' height limitation. The City Council considered this issue at a recent study session and directed that the City Attorney draft amendments to the current "0" (Overlay) Zoning District regulations which would facilitate the processing of an application for a high rise building. The Planning Commission, at its meeting of May 10, 1988, adopted Resolution No. 2532 recommending approval of TA 88-02. A copy of the minutes are attached. Attachments 1. Ordinance, with Exhibit. 2. Planning Commission minutes of May 10, 1988. ITY OF I AMPBULL 70 NORTH ~'IRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: CITY May 18, 1988 NOTICE OF HEARING Notice is hereby given that the City Council of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, June 7, 1988, in the City Hall Council Chambers, 70 N. First St., Can~bell, California for public hearing to consider the following proposed projects: TS 88-02 - 660-679 Sweetbriar Dr. - Tentative Subdivision Map - 9 single family lots - Lands of Pipeyard, Inc. - APN 412-35-005 & 023. A t~gative Declaration has been prepared. TA 88-03 - City-initiatedtext amendment - adding Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. A Negative Declaration has been prepared. TA 88-02 - City-initiated - proposed text amendment to Chapter 21.40 (O-Overlay District) of the Can%3bell Municipal Code. A Negative Declaration has been prepared. Plans, elevations, legal descriptions, and/or other supporting docturentation are on file in the Planning Department, 70 N. First Street, Campbell, California. Interested persons may appear and be heard. Please be advised that if you challenge the nature of any of the 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 Clerk at, or prior to, the public hearing. Questions may be addressed to the City Clerk's Office at 866-2116. CITY COUNCIL CITY OF CAMPRk3',~'. BARBARA OLSASKY CITY C]'.RRK PU~LISH!iONETIMEONLYONWEDNESDAY, MAY 25,i:~1988, CITY IX]GO 8-POINTTYPE EXTRA. SECTION PLANNING COMMISSION MEmTING M~Y 10, 1988 TA 88-02 City-initiated Public hearing to consider proposed City- initiated amendments to Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code, clarifying "O" Overlay Zoning District regulations. City Attorney Seligmann reviewed the Staff Report of May 10, 1988; and, answered questions from the Commission. Commissioner Olszewski asked if the "0" District superceded the district that it is placed over. Mr. Seligmann indicated that it would supercede, only with regard to things that you could normally get a variance to (height, setbacks, parking, etc.) not as to use. The use would be controlled by the existing zoning. Commissioner Olszewski asked if there were other overlay districts in the City, other than the Pruneyard. Planning Director Kee indicated that the Pruneyard is the only commercial use with an overlay district. Commissioner Olszewski asked if the overlay district applied to the entire property, the footprint of the buildings, or just a portion of the property. Mr. Kee responded that the overlay district covers the entrance to the circular turnaround from Campbell Avenue - the western portion of the site has an overlay district on it at the present time, including more than just the footprint of the buildings. Chairman Christ opened the public hearing and invited anyone to speak on this item. Commissioner Kasolas asked if this would allow consideration of any additions or modifications to the existing structures in those areas where there is an overlay district; and could one also propose to change something on that property, whether under or over 75 feet. Mr. Seligmann noted that this would allow such applications. Commissioner Olszewski asked if Measure N would apply for the overlay district. Mr. Seligmann indicated that there are still some unresolved legal issues concerning this. The issue is not pending in any court, but there has been no judicial decision at this time. M/S: Olszewski, Perrine - That the public hearing on TA 88-02 be closed. Motion carried unanimously (5-0-2). M/S: Kasolas, Stanton - That the Planning Commission adopt Resolution No. 2532, incorporating findings as indicated in the Staff Report of May 10, 1988, recommending that the City Council approve TA 88-02. PLANNING COMMISSION MEmTING MAY 10, 1988 PAGE 2. Discussion Commissioner Olszewski stated that he is viewing this issue as a matter of clarification which has nothing to do with any development or possibilities; therefore, his vote will be from an issue of clarification only. Commissioner Kasolas stated that this was a good comment, noting that judgement cannot be passed on something that has not been before the Commission. Vote on motion Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ None Walker, Dickson. RESOLUTION NO. 2532 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 21.40 (O-OVERLAY DISTRICT), CITY-INITIATED, TA 88-02. 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 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 significant need to amend Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code. The purpose of the Overlay District is to provide modification, additions, and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot be otherwise treated satisfactorily. The City Council finds that the language of Chapter 21.40 of the Campbell Municipal Code needs to be clarified with respect to the applicability of the site development process to city-wide regulations. 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 10th day of May 1988 by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ None Walker, Dickson. APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kee Secretary iTEM NO. 8 STAFF REPORT - PLANNING COMMISSION MEETING OF MAY 10, 1988 TA 88-02 City-initiated Public hearing to consider proposed City-initiated amendments to Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code, clarifying "0" Overlay Zoning District regulations. STAFF RECOMMENDATION That the Planning Commission adopt a RESOLUTION, incorporating the attached findings, recommending that the City Council APPROVE the proposed text amendment clarifying the "O" (Overlay) Zoning District regulations. STAFF DISCUSSION As the Commission is aware, a question has been raised by a developer as to the procedure required by the City in order to accept and process an application for a building in excess of the 75' height limitation. The City Council considered this issue at a recent study session and directed that the City Attorney draft amendments to the current "O" (Overlay) Zoning District regulations which would facilitate the processing of an application for a high rise building. Attached for the Commission's review is a copy of the draft amendments to the ordinance as recommended by the City Attorney. Also enclosed in the Commission's agenda packet is a confidential memorandum from the City Attorney regarding the proposed amendments to the "O" (Overlay) Zoning District regulations.