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PC Res 4368RESOLUTION NO. 4368 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CAMPBELL MUNICIPAL CODE SEC. 21.42.020 (SITE AND ARCHITECTURAL REVIEW PERMIT REQUIRED) TO ADD AN EXCEPTION TO THE SITE AND ARCHITECTURAL REVIEW PROCESS FOR MINOR ADDITIONS TO EXISTING SINGLE-FAMILY RESIDENCES IN THE R-1-8 (SINGLE- FAMILY RESIDENTIAL) ZONING DISTRICT THAT ARE LOCATED OUTSIDE OF THE SAN TOMAS AREA NEIGHBORHOOD PLAN. FILE NO.: PLN2016-406 . After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2016-406: 1. The project consists of a Zoning Text Amendment to the Campbell Municipal Code Sec. 21.42.020 (Site and architectural review permit required) to add an exception to the site and architectural review process for minor additions to existing single-family residences in the R-1-8 (Single-Family Residential) Zoning District that are located outside of the San Tomas Area Neighborhood Plan. 2. The proposed Zoning Text Amendment would be consistent with the General Plan by furthering Policy LUT-5.1 and Strategy LUT-5.2a, which speak to protecting the integrity of the neighborhood and supporting the existing character of a neighborhood: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Strategy LUT-5.2a.: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support. the existing character and development pattern of the surrounding neighborhood,,especially in historic neighborhoods and neighborhoods with consistent design characteristics. 3. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry; 4. Review and adoption of this Text Amendment is done in compliance with California government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation- to the City Council for its consideration. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 4368 . PLN2016-406 -Recommending Approval of a Zoning Text Amendment _ Page 2 of 2 1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; -~ _ ~. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and 3. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt the attached Ordinance (reference Exhibit A) recommending approval of the above described Zoning Text Amendment. PASSED AND ADOPTED this 28th day of February, 2017, by the following roll call vote: AYES: Commissioners: Dodd, Hernandez, Kendall, Reynolds, Rich, Rivlin, and Young NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED: Yvonne Kendall, Chair ATTEST: Paul Kermoy~a'h, Secretary EXHIBIT A Ordinance No. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CAMPBELL MUNICIPAL CODE SECTION 21.42.020 (SITE AND ARCHITECTURAL REVIEW PERMIT REQUIRED) TO ADD AN EXCEPTION TO THE SITE AND ARCHITECTURAL REVIEW PROCESS FOR MINOR ADDITIONS TO EXISTING SINGLE-FAMILY RESIDENCES IN THE R-1-8 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT THAT ARE LOCATED OUTSIDE OF THE SAN TOMAS AREA NEIGHBORHOOD PLAN. 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 City Council of the City of Campbell does ordain as follows: SECTION 1: The City Council finds and determines that the adoption of the proposed Text Amendment qualifies as Exempt from the California Environmental Quality Act (CEQA) under Section 15061.b.3. which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. SECTION 2: Section 21.42.020 (Site and architectural review permit required) of the Campbell Municipal Code is hereby amended as set forth in attached Exhibit A-1. Additions are indicated by underlined text and deletions are indicated by c+riLc+hr,,,,nh text (where applicable). Portions of Section 21.42.020 not shown in underlined text or strikethrough type are not changed. SECTION 3: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this day of , 2017 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: APPROVED: Elizabeth Gibbons, Mayor ATTEST: Wendy Wood, City Clerk Exhibit A-1 21.42.020 -Site and architectural review permit required. A. Planning Commission site and architectural review permit required. No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property in any zoning district until a site and architectural review permit is approved by the Planning Commission, except as identified in subsections B and C of this section, and as otherwise specified by Section 21.14.030.0.4 (Administrative authority).. B. Administrative site and architectural review permit required. An administrative site and architectural review permit shall be required for the following: - 1. Stealth wireless telecommunication facilities, pursuant to the requirements of Chapter 21.34, (Wireless Telecommunications Facilities); 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. Additions to the existing main residence, except additions that exceed .45 FAR which would require a full site and architectural review permit by the Planning Commission. c. The conversion of attic space to living area on an existing single-story single-family residence, and d. The removal or reconstruction of more than fifty percent of the exterior walls of an existing single-family residence. 3. Additions to existing single-family residences located on properties in the R-1-8 (Single-Family Residential) zoning district that are not subject to the San Tomas area neiohborhood plan when all of the following are satisfied: a. The property is not subject to a previousl~pproved site and architectural review permit (for which minor additions or alterations may be processed under paragraph 4 of subsection C); b. The addition would not result in a net increase of more than 1,000 square feet of new floor area; and c. The addition would not result in a "new dwelling using portions of the original structure" as defined by Chapter 18.32. C. Exceptions to site and architectural review permit process. No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property listed below until the proposed project is found to meet the requirements of the applicable zoning district regulations and a zoning clearance is issued, pursuant to Chapter 21.40, (Zoning Clearances): 1. Properties located in the R-1-6 (Single-Family Residential) zoning district that are not subject to the San Tomas area neighborhood plan; 2. Additions to existing single-family residences located on properties in the R-1-8 (Single-Famiy Residential) zoning district that are not subject to the San Tomas area neighborhood plan when all of the following are satisfied: a. The property is not subject to a previously approved site and architectural review permit (for which minor additions or alterations may be processed under subsection `4' below; b. The addition would not result in a net increase of more than 500 square-feet of new floor area; would be limited to the first story of the residence and would match the colors materials, and design of the residence (including roof pitch and height) c. The addition would be located behind the residence (defined as the area between the existing residence and rear property line except for corner lots where this area is further restricted to area between the residence and the interior side property line) and Exhibit A-1 _._. Area between residence t 1 I and fP.af ~rYi(lef(y dine. t ~ O -t r ~ i ~ f t ~ ~i ~~ ~~~~ ~~` ~'j t C ~ t ~ ~ i ~ . `'` ~ ,- y u ~ , .* ~ ..,_ ~ . a,., CD .,~ ~ i L-- ' ' ----- - ~ -- i-- ---- -- -- ~ ,~ f 1 r + . T ~ J ¢~ L t, L, i i , ~"' i J rt 1 ~ St t Sid iii 'r_._. ree e _._._._._._._._._, _.~ _. f St Area between restAcrtm and re it t r uMty ne and . ree t. ' ~,.., d___ M_ _, brtwevri reudenrx amf interior ci~e ~ _ _ ttoper~y Ime. _l d. The addition would not result in a "new dwelling using portions of the original structure" as defined by Chapter 18.32. 2- 3. Properties located in the R-D (Two-Family District) zoning district; and ~- 4. Minor additions or alterations to existing structures and minor changes in plans as defined by Section 21.56.060 (Amendments to an approved project), that have previously been approved by the planning commission, provided that these minor changes are limited to modification in the plot plan and elevations that will not substantially change the overall appearance, character, and scale of the proposed development.