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
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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.
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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
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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)