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CC Ordinance 1639ORDINANCE NO. 1639 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.41.130 OF THE CAMPBELL MUNICIPAL CODE (TA 86-03). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.41.130 of the Campbell Municipal Code is hereby amended as set forth in Exhibit 'D•, attached hereto. SECTION TWO: This 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 7th day of April, 1987, by the following roll call vote: AYES: Councilmembers: Podgorsek, Watson, Ashworth, Doetsch NOES: Councilmembers: None ABSENT: Councilmembers: Kotowski APPROVED: Ralph Doetsch, Sr., Mayor ATTEST:%//.D�.✓ Darbara Olsasky, City Clerk by: Louise Pena, Deputy City Clerk 0 EXHIBIT D D R A F T SUBCOMMITTEE PROPOSED TEXT A. Any exterior change in any structure(s), through alteration or construction, which is determined by the Planning Director to be inconsistent with the architectural style and character of such structure(s) in an historic district shall require the granting of an Historic Development Permit as provided in this Section. B. No person shall carry out or cause to be carried out on a desiginated landmark any material change in exterior appearance of such structure(s) through alteration or construction without a review by the Board and the Planning Commission and until a Use Permit, as provided for in Chapter 21.72, has been granted by the Planning Commission. C. Demolition or relocation of a designated landmark or a structure in an historic district shall require review by the Historic Preservation Board and the granting of a Use Permit by the Planning Commission, as provided in Chapter 21.72. D. The Planning Department and the Building Department shall maintain a current record of designated landmarks and historic districts. When the Building Official or Planning Director receives an application for an exterior change cubject to the provisions of this Section, an application for an Historic Development Permit or a Use Permit shall be required as appropriate under this Section. E. An application for a Use Permit or an Historic Development Permit shall be filed with the Planning Department upon the prescribed form and shall contain the following data: 1. A clear statement of the proposed work. 2. Plans describing the size, height, and appearance of the proposed work. 3. A site plan showing all existing buildings and structures and the proposed work. 4. Where the application is for demolition, the necessity for demolition shall be justified. 5. Other information deemed necessary by the Board and/or Planning Commission. 6. Applicable fees. F. After receiving an application for such a Use Permit or Historic Development Permit, the Planning Department shall refer the application to the Historic Preservation Board. -2- G. The Board, in considering the appropriateness of an application, shall consider, among other things, the purposes of the Chapter and the historical architectural value and significance of the landmark or historic district. Among other things, the Board shall take into consideration the architecture and materials of the building or structure in question or its appurtenant fixtures, including signs, fences, parking, site plan, landscaping, and the relationship of such features to similar features of other buildings within an historic district, and the position of such building or structure in relation to the street or public way and to other buildings or structures. H. In the case of an application for a Historic Development Permit, the Historic Preservation Board may take one of the following actions: 1. Approve the application as presented; 2. Approve the application subject to such modifications as the Board finds necessary to conform the application to the purposes of this Chapter; or 3. Disapprove the application. The Historic Preservation Board may continue action on an application for an Historic Development Permit for a maximum of one month. I. In the case of an application for a Use Permit, the Historic Preservation Board may recommend any of the following actions to the Planning Commission: 1. Approval of the application as presented; 2. Approval of the application subject to such modifications as the Board finds necessary to conform the application to the purposes of this Chapter; or 3. Disapproval of the application. J. Prior to approval or modified approval of an Historic Development Permit, or prior to any recommendation for approval or modified approval of a Use Permit, the Historic Preservation Board shall find that: 1. The action proposed is consistent with the purposes of this Chapter, and 2. The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature, or L -3- 3. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 21.41.170, or 4. The applicant has demonstrated that the denial of the application will result in immediate or substantial hardship pursuant to Section 21.41.200. K. The Planning Commission may continue action on Use Permits for two meetings, not to exceed 65 days from the date of the first noticed public hearing, for purposes of reaching a mutually acceptable solution in keeping with the criteria of this ordinace. If, at the end of that time, an acceptable solution has not been achieved, the application shall be finally granted or denied. L. Upon approval of an application for a Use Permit, the Planning Commission shall issue the Use Permit, a copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the Planning Department, and one copy of which shall be forwarded to the Building Official. In addition, a copy shall be forwarded to the Civic Improvement Commission and any other department or agency requesting it or that the Secretary believes will be affected by the permit. M. Any Use Permit under this Section shall not become effective until it has been ratified by the City Council. N. The applicant shall have the right of appeal to the City Council as set forth in Chapter 21.80 (Appeals). 0. Nothing in the Section shall be construed to prevent the ordinary maintenance or repair of structures as provided in Section 21.41.180. P. Not withstanding Subsection A of this Section, only those portions of structures which are visible from the public right-of-way shall be regulated by this Section for residentially zoned historic districts. f: 2141proposed (pages 3-6)