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PC Res 3475RESOLUTION NO. 3475 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A TEXT AMENDMENT (PLN2002-157) TO ADD A SECTION TO CHAPTER 21.59 (GENERAL PROVISIONS AND EXCEPTIONS) OF THE CAMPBELL MUNICIPAL CODE REQUIRING THE SCREENING OF GARBAGE, RECYCLING AND YARD WASTE CONTAINERS AND PROHIBITING THEM TO BE STORED WITHIN ANY FRONT YARD OR STREET SIDE YARD ON CORNER LOTS ON SINGLE-FAMILY RESIDENTIAL PROPERTIES. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2002-157: The screening of garbage containers is required under General Plan Strategy CNR-9. lj. The City is required to amend its Zoning Code within a reasonable time to ensure consistency with the updated General Plan under Government Code Section 65860. o The addition of the proposed section to Chapter 21.59 (General Provisions and Exceptions) of the Campbell Municipal Code would prohibit garbage, yard waste or recycling containers from being stored within any front yard or street side yard on comer lots and require them to be fully screened from view from the public right-of-way by a structure, fence, or wall that is as tall as the tallest container(s) on single-family residential properties, unless otherwise approved by the Community Development Director. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed text amendment is consistent with the intent and purposes of the Zoning Ordinance, which is to encourage the most appropriate use of land throughout the city; to stabilize and conserve the value of property; to provide adequate light, air and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public health, safety, peace, morals, comfort, and welfare, all in accordance with a comprehensive zoning code and general plan; and 2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.59 (General Provisions and Exceptions) of the Campbell Municipal Code; and 3. The proposed text amendment is consistent with the goals, policies, and strategies of the General Plan. Planning Commission Resolution 3475 PLN2002-157 - Text Amendment -- Chapter 21.59 of the Municipal Code Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve a Text Amendment (PLN2002-157) to allow the addition of a section to Chapter 21.59 (General Provisions and Exceptions) of the Campbell Municipal Code per Attachment #1, requiring the screening of garbage, recycling and yard waste containers and prohibiting them to be stored within any front yard or street side yard on comer lots on single- family residential properties. PASSED AND ADOPTED this 14th day of January 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Alderete, Doorley, Francois, Gibbons, Hemandez, Jones and Rocha Commissioners: None Commissioners: None Commissioners: None ~f-~-> --?, APPROVE .'~- ,~/'~ J'~ He~dTir /~'aron Fierro, Secretary Attachment A Recommended Text Amendment: It is recommended that the following section be added to Chapter 21.59 (General Provisions and Exceptions) of the Municipal Code: 21.59.100 Screening of Garbage Containers for Single-family Residential Properties. Except during the period of time specified in Chapter 6.04 of the Municipal Code, no garbage, yard waste or recycling containers may be placed, kept or stored within any front yard or street side yard on comer lots and all garbage, yard waste or recycling containers shall be fully screened from view from the public street right-of-way by a solid structure, fence, or wall that is as tall as the tallest container(s), unless otherwise approved by the Community Development Director. This text amendment shall be effective six months from the date of adoption.