Moratorium - Density - 2001ORDINANCE NO. 2001
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL EXTENDING A MORATORIUM FOR ONE YEAR ON THE
APPROVAL OF ANY APPLICATION INCONSISTENT WITH THE
RESIDENTIAL DENSITY RANGE OF LOW-DENSITY -LESS THAN 6 UNITS
PER GROSS ACRE, AND/OR INCONSISTENT WITH THE REQUIREMENTS
OF THE R-1 ZONING DISTRICT IN THE AREA DESCRIBED IN
ATTACHMENT A. COMMONLY REFERED TO AS THE RESIDENTIAL AREA
OF NORTH HARRISON AVENUE AND CENTRAL AVENUE BETWEEN
HAMILTON AVENUE AND GRANT STREET
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: The City Council hereby finds that this ordinance is necessary for the
immediate preservation of the public peace, health and safety, in that there is a current
and immediate threat to the public health, safety, and welfaze, and that the approval of
additional subdivisions, use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a zoning ordinance would
result in that threat to public health, safety, and welfare, as is more particularly set forth
below:
A. The City Council has authorized an update to the General Plan to consider city-wide
modifications in Land Use Policies and General Plan Map Designations that could affect
the development policies as they relate to the residential area of North Central Avenue
and Harrison Avenue between Grant Street and Hamilton Avenue ("azea"); and
B. The "area" is currently designated on the General Plan Map asLow-Medium Density
Residential and has a Zoning Designation ofMultiple-Family Residential; and
C. The General Plan Task Force, appointed by the City Council to oversee the
development of the draft General Plan Update, has recommended reducing the residential
density of this "area", and
D. On April 4, 2000, the City Council adopted Ordinance No. 1985, establishing a 45-day
moratorium on any development in the "azea" that does not conform to Low-Density
Residential designation of the General Plan or the requirements of the R-1 Zoning
District;
E. On May 2, 2000, the City Council adopted Ordinance No. 1987, extending the
moratorium, for up to 10 months and 15 days which will expire on Apri13, 2001, on any
development in the "area" that does not conform to Low-Density Residential designation
of the General Plan or the requirements of the R-1 Zoning District;
F. The General Plan is scheduled to be presented to the City Council for adoption in
September 2001, and
G. There are properties in the subject "area" that could be brought forward for a
development application before the completion of the General Plan adoption; and
H. The development of dwellings at a higher density than may ultimately be adopted
would result in an inconsistent development pattern that is disruptive to the
neighborhood, and could negatively impact property values and the quality of life of
persons residing in the "area;" and
I. The City has held public hearings on the General Plan Update that were continued to
evaluate traffic concerns; and
J. The City has entered into a contract with an environmental consulting firm to complete
an Environmental Impact Report on the General Plan Update that will be completed and
the adoption hearings held by September 2001.
SECTION TWO: Ordinance 1985 is hereby extended to Apri13, 2002, or until it is
repealed by the City Council, whichever comes first.
PASSED AND ADOPTED this 3ra day of April 2001, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
J
ATTEST: -~ t~~-
Anne Bybee, City Clerk
M ew Dean, Mayor
ORDINANCE NO. 1987
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL EXTENDING A MORATORIUM ON THE
APPROVAL OF ANY APPLICATION INCONSISTENT WITH THE
RESIDENTIAL DENSITY RANGE OF LOW-DENSITY -LESS
THAN 6 UNITS PER GROSS ACRE, AND/OR INCONSISTENT
WITH THE REQUIlZEMENTS OF THE R-1 ZONING DISTRICT IN
THE AREA DESCRIBED IN ATTACHMENT A, AND
DECLARING THE URGENCY THEREOF.
WHEREAS, the City Council has authorized an update to the General Plan to consider
city-wide modifications in Land Use Policies and General Plan Map Designations that
could affect the development policies as they relate to the residential area of North
Central Avenue and Harrison Avenue between Grant Street and Hamilton Avenue
("area"); and
WHEREAS, the "area" is designated on the General Plan Map as Medium-Low Density
Residential and has a Zoning Designation of Multiple-Family Residential; and
WHEREAS, the General Plan Task Force, appointed by the City Council to oversee the
development of the draft General Plan Update, has discussed reducing the residential
density of this "area", and
WHEREAS, the General Plan is scheduled to be presented to the City Council for
adoption in September 2000, and
WHEREAS, there are properties in the subject "area" that could be brought forward for a
development application before the completion of the General Plan adoption; and
WHEREAS, on April 4, 2000, the City Council adopted Ordinance No. 1985,
establishing a 45-day moratorium on any development in the "area" that does not
conform to Low-Density Residential designation of the General Plan or the requirements
of the R-1 Zoning District;
WHEREAS, the study of General Plan and Zoning designation of the "area" is not
complete, and any changes resulting from the study may not become effective for three to
ten months;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
ORDAIN AS FOLLOWS:
SECTION l: Findings in Support of Extension and Declaration of Urgency. This
ordinance is declared an urgency measure and shall be in full force and effect upon its
enactment. There is an urgent need for enactment of this ordinance for the immediate
preservation of the public peace and in that there is a current and immediate threat to the
public health, safety, or welfare, in that the approval of additional subdivisions, use
permits, variances, building permits, or any other applicable entitlement for use which is
required in order to comply with a zoning ordinance would result in that threat to public
health, safety, or welfare, in that:
• Properties exist in the subject area that have the potential to be developed as
multi-family developments and/or at a density range of 6 to 13 units per gross
acre (Low -Medium Density Residential) and the City Council anticipates
development applications, permit applications and inquiries regarding such
development, and
• The "area" is primarily developed as low density (less than 6 units per acre)
single-family residences, and
• The General Plan is in the process of being updated and is tentatively scheduled
for final adoption in September 2000, and
• The development of higher density development may have a detrimental effect on
the general welfare of the area, and
• A task force of the City is considering the possibility of recommending reducing
the allowable density in the "area" to Low Density (less than 6 units per acre) and
rezoning the "area" to single-family residential, and
• There is a need to complete the evaluation of land use alternatives and impacts in
conjunction with the preparation of the draft General Plan before bringing the
policy issues before the City Council for adoption, and
• The City is concerned that applications may be submitted for development of
multi-family dwellings and/or developments with a density exceeding the low-
density residential designation (less than 6 units per gross acre) prior to the
adoption of the General Plan, and
• The development of dwellings at a higher density than may ultimately be adopted
would result in an inconsistent development pattern that is disruptive to the
neighborhood, and could negatively impact property values and the quality of life
of persons residing in the "area;" and
• On April 4, 2000, the City Council adopted Ordinance No. 1985, establishing a
45-day moratorium on any development in the "area" that does not conform to
Low-Density Residential designation of the General Plan or the requirements of
the R-1 Zoning District; and
• The study of General Plan and Zoning designation of the "area" is not complete,
and any changes resulting from the study may not become effective for three to
ten months.
SECTION 2: Extension. Ordinance 1985 is hereby extended to April 3, 2001 shall
remain in effect until April 3, 2001, or until it is repealed by the City Council, whichever
comes first.
PASSED AND ADOPTED this 16th day of May 2000, by the
following roll call vote:
AYES: COUNCILMEMBERS: Dougherty, Furtado, Watson, Dean, Kennedy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN; COUNCILMEMBERS: None
APPROVE ~~~
~rl ne P. Kennedy, Mayor
f
ATTEST: ~ ~~=~.. '~ ~ "--~~z-`~.
Anne Bybee, City Clerk
ORDINANCE NO. 1985
BEING AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF
CAMPBELL ESTABLISHING A 45-DAY MORATORIUM ON THE
APPROVAL OF ANY APPLICATION INCONSISTENT WITH THE
RESIDENTIAL DENSITY RANGE OF LOW-DENSITY -LESS THAN 6
UNITS PER GROSS ACRE, AND/OR INCONSISTENT WITH THE
REQUIREMENTS OF THE R-1 ZONING DISTRICT IN THE AREA
DESCRIBED IN ATTACHMENT A, AND DECLARING THE URGENCY
THEREOF.
WHEREAS, the City Council has authorized an update to the General Plan to consider city-wide
modifications in Land Use Policies and General Plan Map Designations that could affect the
development policies as they relate to the residential area of North Central Avenue and Harrison
Avenue between Grant Street and Hamilton Avenue ("area"); and
WHEREAS, the "area" is designated on the General Plan Map as Medium-Low Density
Residential and has a Zoning Designation of Multiple-Family Residential; and
WHEREAS, the General Plan Task Force, appointed by the City Council to oversee the
development of the draft General Plan Update, has discussed reducing the residential density of
this "area", and
WHEREAS, the General Plan is scheduled to be presented to the City Council for adoption in
September 2000, and
WHEREAS, there are properties in the subject "area" that could be brought forward for a
development application before the completion of the General Plan adoption.
NOW, THEREFORE, THE CITY COUNCII. OF THE CITY OF CAMPBELL DOES ORDAIN
AS FOLLOWS:
SECTION 1: Moratorium on the approval of development applications or issuance of any
permits inconsistent with the residential densit~ge of Low-Density Residential -Less Than 6
Units Per Gross Acre and/or inconsistent with the requirements of the R-1 Zoning District in the
area described in Attachment A: The City of Campbell shall not issue or approve any new use or
development approval or permit, including but not limited to any subdivision approval, use
permit, variance, building permit, or other entitlement, that is inconsistent with the residential
density range of Low-Density Residential -Less Than 6 Units Per Gross Acre of the General
Plan, and/or inconsistent with the City's requirements for properties in an R-1 Zoning District
with respect to properties located in the area described in Attachment A during the pendency of
this ordinance.
Council Ordinance
Development Moratorium
Harrison Avenue and N. Central Avenue between Grant Street and Hamilton Avenue
Page 2
SECTION 2: Effective Dates: This ordinance shall remain in effect until it is repealed by the
City Council or until it terminates by operation of law, whichever comes first.
SECTION 3: Urgency: This ordinance is declared an urgency measure and shall be in full force
and effect upon its enactment. There is an urgent need for enactment of this ordinance for the
immediate preservation of the public peace and in that there is a current and immediate threat to
the public health, safety, or welfare, in that the approval of additional subdivisions, use permits,
variances, building permits, or any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in that threat to public health, safety, or welfare,
in that:
• Properties exist in the subject area that have the potential to be developed as multi-family
developments and/or at a density range of 6 to 13 units per gross acre (Low -Medium
Density Residential) and the City Council anticipates development applications, permit
applications and inquiries regarding such development, and
• The "area" is primarily developed as low density (less than 6 units per acre) single-family
residences, and
• The General Plan is in the process of being updated and is tentatively scheduled for final
adoption in September 2000, and
• The development of higher density development may have a detrimental effect on the
general welfare of the area, and
• A task force of the City is considering the possibility of recommending reducing the
allowable density in the "area" to Low Density (less than 6 units per acre) and rezoning
the "area" to single-family residential, and
• There is a need to complete the evaluation of land use alternatives and impacts in
conjunction with the preparation of the draft General Plan before bringing the policy
issues before the City Council for adoption, and
• The City is concerned that applications may be submitted for development of multi-
family dwellings and/or developments with a density exceeding the low-density
residential designation (less than 6 units per gross acre) prior to the adoption of the
General Plan, and
• The development of dwellings at a higher density than may ultimately be adopted would
result in an inconsistent development pattern that is disruptive to the neighborhood, and
could negatively impact property values and the quality of life of persons residing in the
"area."