CC Ordinance 2129ORDI
BEING AN ORDINANCE OF TI-
CAMPBELL APPROVING A TE
AMEND THE CAMPBELL ZONIN
AND ARCHITECTURAL REVIEW
21.42.020) THAT WILL ACHIE'
TOMAS AREA NEIGHBORHC
DEVELOPMENT ZONING DISTR
TEXT THAT IS CURRENTLY IN
THE PROVISIONS. FILE NO: PL
CE NO. 2129
E CITY COUNCIL OF THE CITY OF
XT AMENDMENT (PLN2010-67) TO
~ ORDINANCE PERTAINING TO SITE
/ PERMIT REQUIREMENTS (CMC §
/E CONSISTENCY WITH THE SAN
OD PLAN, AND THE PLANNED
ICT (CMC § 21.12.030) TO CORRECT
CONSISTENT WITH THE INTENT OF
X2010-67
After notification and public hearing, as ~pecified by law and after presentation by the
Community Development Director, propo ents and opponents, the hearing was closed.
After due consideration of all evidenc~ presented, the City Council of the City of
Campbell does ordain as follows:
SECTION ONE: Sections 21.42.020 a d 21.12.030 of the Campbell Municipal Code
are hereby amended to read as set forth n Exhibit A.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be pu lished, one time within fifteen (15) days upon
passage and adoption in the Campbell xpress, a newspaper of general circulation in
the City of Campbell, County of Santa CI ra.
PASSED AND ADOPTED this , s,-
call vote:
of ,7nnP , 2010, by the following roll
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APP
towski, Kennedy, Furtado, Baker, Low
ne
e
e
ED
C~ 2~
Evan D. Low, Mayor
ATTEST: ""'" ~"
nne Bybee, City Clerk
Deleted text stricken/Added text bold and
erlined Exhibit A
Page 1
21.12.030 P-D (Planned Development) zoi
A. Purpose. The P-D zoning distric
is not available in other zoning districts so <
with site characteristics while creating an o
design. The zoning district allows within its
combination of uses or types of uses or typ
be in conformance with the underlying land
intent of the P-D zoning district to allow mo
allowed by other residential zoning districts
Plan.
ling district.
is intended to provide a degree of flexibility that
s to allow developments that are more consistent
~timum quantity and use of open space and good
Boundaries a use or development, or a
;s of developments, that is (are) determined to
use designation of the General Plan. It is not the
~e residential units than would normally be
which are deemed consistent with the General
B. General Plan. The P-D zoning d~strict is consistent with the underlying land use
designation of the General Plan.
C. San Tomas area. San Tomas ar
herein by reference. The San Tomas neigh
properties within the boundaries of the San
of the San Tomas area is maintained at the
case of conflict between the San Tomas ar~
contained in this chapter, the policies of the
prevail.
:a neighborhood plan policies are incorporated
~orhood area plan policies shall only apply to
Tomas area. The map outlining the boundaries
community development department. In the
:a neighborhood plan policies and requirements
San Tomas area neighborhood plan shall
D. Allowable uses in the P-D zonin district. Any use or development that is
determined to be consistent with the Gener I Plan of the city may be approved in the
planned development zoning district, subje t to the criteria established in subsection (G)(6)
of this section. Development plans shall be approved either through an administrative
planned development permit, in compliant with subsection (G)(1) of this section, or by City
Council resolution or ordinance, in complia ce with subsection (G)(9) of this section. In order
to aid the City Council in adoption of a reso ution or ordinance, the planning commission
shall also hold a public hearing and shall tr nsmit its findings and recommendations by
resolution to the City Council. Establishme t of a liquor establishments or a liquor store shall
require approval of a conditional use permi pursuant to the requirements of Chapter 21.46,
(Conditional Use Permits).
E. Design guidelines. In its review f development projects, the decision-making
body shall take into consideration any relev nt design guidelines that have been adopted by
the city.
F. Prohibited uses in the P-D PI nned Develo ment zonin district. The
following uses are prohibited:
1. Any business that include smoking tobacco on site (e.g., smoking
lounges, hookah lounges, etc.).
2. Any use inconsistent with tate or federal law.
G. ~. Establishing the P-D zoning istrict.
1. Unless initiated by the tit , an application for a zone change to a P-D
zoning district for a specific parcel or area hall include a development plan.
2. The city may initiate a zon e change to a P-D zoning district for a specific
parcel or area, without providing a develop ent plan, when the purpose of the zone change
is determined to serve the best interests of he city.
H. 6: Permit required. Unless othe ise specified in this chapter, no use or
structure shall be constructed, created, enl rged, erected, established, installed, maintained,
or placed within a P-D zoning district unles and until a planned development permit or an
administrative planned development permit has been approved. An administrative planned
Deleted text stricken/Added text bold and underlined
Exhibit A
Page 2
development permit shall be processed thr ugh the administrative decision process as
prescribed in Chapter 21.71, (Administrativ Decision Process). An application for an
administrative planned development permi shall be filed with the community development
department in compliance with Chapter 21. 8, (Application Filing, Processing and Fees).
The application shall be accompanied by a detailed and a fully dimensioned site plan, floor
plan and elevations and any other data/ma erials identified in the community development
department application for an administrativ planned development permit. All applications
shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is
the responsibility of the applicant to establi h the findings required by this section. The
decision by the community development di ector may be appealed as prescribed in Chapter
21.62, (Appeals).
1. Administrative planned d velopment permit required An administrative
planned development permit approved by t
required for the following:
a. The establishment
development plans are required (excluding
liquor store that requires the approval of a c
b. Anew single-family
an existing lot with only one single-family rE
c. Additions, remodel:
industrial buildings. In the case of an additic
the existing gross floor area or five thousan
d. New and existing I~
21.58.040(6)(3) (Nonconforming uses).
2. Planned development per
reviewed by the planning commission and
all projects that are not covered by the apps
permit, as provided above.
3. Modification of a planned
a. Minor modification.
approve a minor modification to a previous)
the change/modification does not add addit
alter the design or specifications approved
director may request that a minor modificati
b. Major modification.
that proposes to add additional square foot;
specifications approved by the site plan shy
approved by the City Council.
4. Application Filing and Cor
a. Application for a ply
planned development permit shall be filed v
applications shall be accompanied by a filin
resolution.
community development director shall be
~f a new use in an existing building when no
he establishment of a liquor establishment or
~nditional use permit);
home or an addition to asingle-family home on
~idence on the lot;
and facade improvements to commercial and
~, the addition shall be less than ten percent of
square feet, whichever is less.
e-night activities pursuant to Section
pit required. A planned development permit
proved by the City Council shall be required for
val of an administrative planned development
levelopment permit.
The community development director may
~ approved planned development permit when
onal building square footage or substantially
~y the site plan. The community development
~n be reviewed by the planning commission.
A modification to a planned development permit
ige or substantially alter the design or
II be reviewed by the planning commission and
nned development permit or modification to a
ith the community development department. All
~ fee in compliance with the City Council's fee
b. The community de elopment director shall prescribe the form of the
application and data and information to be f led with the application.
c. A development pla shall be required to accompany the application.
d. If development is t be carried out in stages, each stage shall be
shown on a master plan of development.
Deleted text stricken/Added text bold and underlined
e. The development I
(1) Indicate the
open spaces to show that the development
aid in the harmonious development of the i.
(2) Include pro
appearance and materials of exterior walls,
design of ingress and egress, landscaping,
(3) Include a d
which construction of the project is to begir
f. The planning comrr
information that it considers necessary to p
5. Consideration in Review c
director, the site and architectural review cc
Council shall consider the following matter
determine if the project meets the criteria o'
a. Considerations rely
traffic safety:
(1) The effect c
on abutting streets,
(2) The layout
dimensions of vehicular and pedestrian ent
(3) The arrange
facilities to prevent traffic congestion,
(4) The locatioi
and unloading facilities,
Exhibit A
Page 3
plan shall:
site location and planning of all structures and
will be compatible with the general plan and will
nmediate area;
posed structures with elevations which show
fences or walls used for screening or separation,
and off-street parking and loading facilities; and
:velopment schedule indicating the latest date on
and the anticipated date of completion.
fission or City Council may also require other
-operly evaluate the project.
f Applications. The community development
mmittee, the planning commission, and the City
in addition to others deemed necessary to
this section, in their review of the application:
ting to site circulation, traffic congestion, and
the site development plan on traffic conditions
the site with respect to locations and
nces, exit driveways, and walkways,
Went and adequacy of off-street parking
arrangement, and dimensions of truck loading
(5) The circulation patterns within the boundaries of the
development, and
(6) The surfacii
b. Considerations rely
(1) The locatioi
and screen plantings to ensure harmony wi~
areas, utility installations, and other unsight
(2) The planting
dust and erosion, and
fig and lighting of the off-street parking facilities;
ling to landscaping:
i, height, and material offences, walls, hedges,
h adjacent development or to conceal storage
y aspects of the development,
I of groundcover or other surfacing to prevent
(3) The prese ation of existing healthy trees;
c. Considerations rata ing to structure and site lay-out:
(1) Considerati n of the general silhouette and mass, including
location on the site, elevations, and relation to natural plant coverage, all in relationship to
the surrounding neighborhood,
(2) Considerati n of exterior design in relation to adjoining
structures in terms of area, bulk, height, op Wings, and breaks in the facade facing the
street, and
(3) Considerati
proposed uses in relation to the adjacent u:
6. Approval Criteria. The rev
finds that all of the following criteria have bE
~n of the appropriateness and compatibility of the
~s and the area as a whole.
;w authority shall approve the application if it
'n established:
Deleted text stricken/Added text bold and underlined Exhibit A
Page 4
a. The proposed dev lopment or uses clearly would result in a more
desirable environment and use of land tha would be possible under any other zoning
district classification;
b. The proposed dev lopment would be compatible with the general
plan and will aid in the harmonious develo ment of the immediate area;
c. The proposed dev lopment will not result in allowing more
residential units than would be allowed by ther residential zoning districts which are
consistent with the general plan designatio of the property; and
d. The proposed dev lopment would not be detrimental to the health,
safety or welfare of the neighborhood or of he city as a whole.
7. Additional Approval Criter a for Late Night Activities. Prior to approving an
administrative planned development permit for any late-night activity, the reviewing authority
shall first find all the following conditions, in addition to those findings identified in subsection
(G)(6) of this section, are satisfied.
a. Not Create a Nuis nce. The establishment will not create a
nuisance due to litter, noise, traffic, vandali m or other factors;
b. Not Disturb the Nei hborhood. The establishment will not
significantly disturb the peace and enjoyme nt of the nearby residential neighborhood; and
c. Proposed condition s of approval (if any), are sufficient to mitigate
any detrimental impacts specified that may be caused by the late-night establishment.
8. Action by the Site and Ar hitectural Review Committee. The site and
architectural review committee shall review all development plans (except those approved
by the administrative planned development permit in compliance with subsection (G)(1) of
this section) and shall make reports and re ommendations on each application to the
planning commission.
9. Action by the Planning Co mission.
a. The planning com ission shall hold a public hearing on a planned
development permit application. The hearin shall be noticed in compliance with Chapter
21.64, (Public Hearings).
b. Following close oft a public hearing, the planning commission shall
report its findings and recommendations to he City Council by resolution.
c. The planning com ission may recommend approval of the
proposed development if it finds that all aft a following criteria set forth in subsection (G)(6)
of this section have been satisfied (with reg rd to the elements identified in subsection
(G)(5) of this section).
d. In recommending a proval, the planning commission may also
recommend conditions of approval as it de ms reasonable and necessary under the
circumstances to carry out the intent of this hapter and the general plan.
e. The planning com ission may also recommend time limits within
which the conditions of approval shalt be ful filled and the proposed development started and
completed.
10. Action by the City Counc I.
a. Upon the receipt of the report of the planning commission, the city
clerk shall set the matter for public hearing efore the City Council. The hearing shall be
noticed in compliance with Chapter 21.64, ( ublic Hearings).
b. For projects that do not exceed the limitations specified in
subsection (G)(9)(c) of this section, the City Council shall render its decision by resolution
after conclusion of the public hearing.
Deleted text stricken/Added text bold and
c. The City Council sl
conclusion of the public hearing for the folk
(1) The projecl
than two gross acres in total area;
(2) The projecl
thousand square feet of gross floor area; of
(3) The project
residential units.
d. The City Council sl
public hearing. The City Council shall apprc
the criteria set forth in subsection (G)(6) of
elements identified in subsection (G)(5) of t
e. In approving the a~
as it deems reasonable, necessary, and ap
Code and the general plan, and may requir~
are being or will be complied with.
f. The City Council m~
shall be fulfilled and the proposed develapn
11. Notification of decision. l
give written notification of the decision of th
planning commission, and the city clerk she
decision to the applicant. In the case of app
of approval.
12. Right of appeal. Any per;
development director and/or planning comn
decision in compliance with Chapter 21.62,
13. Expiration, extension anc
a. Unless otherwise a
approval is granted, a building permit shall I
b. The decision-makin
reinstate an expired approval in conformanc
Time Limits and Extensions).
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(p
§ 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part
21.42.020 Site and architectural review pE
A. Planning Commission site fit
or structure shall be constructed, created,
on any property in any zoning district until
by the Planning Commission, AEI-t~s~
except as identified i
B. Administrative site and architects
and architectural review permit shall be req~
1. Stealth wireless telecomrr
of Chapter 21.34, (Wireless Telecommunic~
erlined
Exhibit A
Page 5
all render its decision by ordinance after
wing types of projects:
is proposed for development on a site of more
consists of the construction of more than twenty
involves the construction of more than twenty
gall render its decision after conclusion of the
ve the proposed development if it finds that all of
his section have been satisfied with regard to the
its section.
plication, the City Council may require conditions
~ropriate to secure the purposes of this Zoning
guarantees and evidence that the conditions
impose time limits within which the conditions
:nt started and completed.
e secretary of the planning commission shall
community development director and/or the
provide written notification of the City Council's
rval, the notification shall include all conditions
on aggrieved by the decision of the community
fission may appeal within ten days of the date of
Appeals).
reinstatement.
proved, within twenty-four months from the date
e obtained or the approval shall be void.
t body may extend the expiration date or
with Chapter 12.56, (Permit Implementation,
irt), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070
2004).
***
nit required.
and architectural review permit required. No use
~larged, erected, installed, maintained, or placed
site and architectural review permit is approved
~ subsections B and C of this section.
ral review permit required. An administrative site
fired for the following:
.~nication facilities, pursuant to the requirements
lions Facilities);
Deleted text stricken/Added text bold and nderlined Exhibit A
Page 6
2. Properties located in the R-1-6 zoning district that are subject to the San
Tomas area neighborhood plan for:
a• Construction of a building or
structure on an undeveloped lot
b.
~:s~dense, Additions to the existin ain residence exce t additions that exceed .45
FAR which would re uire a full site n architectural review ermit b the Plannin
Commission.
c. The conversion of attic space to living area on an existing single-
story single-family residence, and
d. The removal or r construction of more than fifty percent of the
exterior walls of an existing single-family re idence.
C. Exceptions to site and ar hi ectural review ermit rocess. No use or
structure shall be constructed, created, a larged, erected, installed, maintained, or placed
on any property listed below until the prop sed project is found to meet the requirements of
the applicable zoning district regulations nd a zoning clearance is issued, pursuant to
Chapter 21.40, (Zoning Clearances):
I. Properties located in the -1-6 (Single-Family Residential) zoning district
that are not subject to the San Tomas area eighborhood plan;
2. Properties located in the -D (Two-Family District) zoning district; and
3. Minor additions or alterati ns to existing structures and minor changes in
plans that have previously been approved y the planning commission, provided that these
minor changes are limited to modificatio in the plot plan and elevations that will not
substantially change the overall appear nce, character, and scale of the proposed
development.
(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 20 3 § 1 (part), 2004).
F • ~A,y~
MEMORANDUM ~~ °~~ CITY OF CAMPBELL
~F. ~-~ City Clerk's Office
Fciinuv
To: Sharon Teeter, Housing oordinator Date: June 4, 2010
From: Wendy Wood, Deputy Cit Clerk
Subject: Application for Funding under the Building Growth in
Neighborhoods (BEGAN Program
At its regular meeting of June 1, 2010, the City Council adopted resolution 11167
authorizing the submittal of an applica ion to the State Department of Housing and
Community Development (HCD) for $2 256,000 in BEGIN funds for the development
of the 40-unit housing development pr posed at 511 & 555 W. Campbell Avenue
(former water district site).
A certified copy of resolution 11167 is ~ttached for departmental records.
RESOLUTI
AUTHORIZES THE SUBMITTAL OF
NO. 11167
APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND CaM~UNITY DEVELOPMENT FOR FUNDING UNDER
THE BUILDING GROWTH IN NEIGHBO HOODS (BEGIN) PROGRAM, THE EXECUTION
OF A STANDARD AGREEMENT IF ELECTED FOR SUCH FUNDING AND ANY
AMENDMENTS THERETO; AND AN RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE BEGIN PROGRAM
WHEREAS, the City of Campbell, a political subdivision of the State of California,
wishes to apply for and receive an allocatio of funds through the BEGIN Program; and
WHEREAS, California Department
issued a Notice of Funding Availability (NC
14.5 Sections 50860 through 50866 of Par
"statute". Pursuant to the statute, HCD is
monies made available by the State Legisl
amended by HCD on 05/21 /07; and
Housing and Community Development (HCD) has
A) for the BEGIN Program established by Chapter
2 of Division 31 of the Health and Safety Code the
authorized to approve funding allocations utilizing
Cure to the BEGIN Program Guidelines adopted as
WHEREAS, the City of Campbell desires to re-submit a Streamlined application to
obtain from HCD a maximum allocation pf EGIN Program funds in the amount of $2,256,000.
IT IS NOW THEREFORE RESOD
HCD an application to participate in the B
April 20, 2010 which will request a funding
555 W. Campbell Avenue, Campbell, Califc
• $1,128,000 for 12 low income units
• $1,128,000 for 12 moderate inc
homebuyers.
.D THAT (1) the City of Campbell shall submit to
GIN Program in response to the NOFA issued on
location for the following activities located at 511 &
iia:
affordable housing for first time homebuyers
me units of affordable housing for first time
(2) If the application for funding is appi-ov d, the City of Campbell hereby agrees to use the
BEGIN Program funds for eligible activiti s in the manner presented in the application as
approved by HCD and in accordance with rogram guidelines cites above. It also may execute
any and all other instruments necessary r required by HCD for participation in the BEGIN
Program.
(3) The City of Campbell authorizes Da~ni I Rich, City Manager to execute in the name of the
City of Campbell, the application, the Stand rd Agreement, and all other documents required by
HCD for participation in the BEGIN Progra ,and any amendments thereto.
PASSED AND ADOPTED this ~ d y of June, 2010, by the following vote:
AYES: Councilmembers: K towski, Kennedy, Furtado, Baker Low
NOES: Councilmembers:
ABSTAIN: Councilmembers
ABSENT: Councilmembers
Anne Byb e, City Clerk
one
one
one
'~~"
Evan D. Low, Mayor