CC Ordinance 1609ORDINANCE NO.1609
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ESTABLISHING AN INTERIM ZONING
DISTRICT FOR THE DOWNTOWN AREA OF THE CITY OF
CAMPBELL, HEREIN DESCRIBED IN EXHIBIT A, ATTACHED
HERETO AND MADE A PART HEREOF, AND PROVIDING FOR
INTERIM REGULATIONS FOR THE USE OF LAND, CONSTRUCTION
REMODELLING, AND ALTERATION OF BUILDINGS THEREIN.
WHEREAS, The City of Campbell has retained consultants to conduct
land use and economic feasibility studies for the downtown area of the
City; and
WHEREAS, The City may adopt amendments to the General Plan and/or
Zoning Ordinance based upon the findings and recommendations of said
studies; and
WHEREAS, Section 65858 of the Government Code of the State of
California provides for the adoption of an interim zoning ordinance
prohibiting any uses which may be in conflict with a contemplated general
plan, specific plan, or zoning proposal which the City is considering or
studying.
NOW THEREFORE BE IT RESOLVED, That the City Council of the City of
Campbell does ordain as follows:
SECTION 1: City of Campbell finds that there is a current and
immediate threat to the public welfare from the approval of additional
subdivisions, use permits, variances, building permits, or other
entitlements in the area described in Exhibit A, in that:
(A) The City of Campbell has declared the majority of the area in
Exhibit A to be a Redevelopment District, which suffers from
economic blight;
(B) The City of Campbell has retained the consulting firm of Wurster,
Bernardi, and Emmons to conduct a land use and economic
feasibility study of the downtown area in order to alleviate the
existing and potential economic blight.
(C) It is contemplated that the aforementioned study may likely
recommend amendments to the General Plan and/or Zoning in the
area of Exhibit A; and
(D) New commercial, industrial, and multi -family residential
developments in the study area may be in conflict with the
results of the land use and economic feasibility study, and
thereby contribute to the economic blight of the area.
SECTION 2: That the area described and shown in Exhibit A, attached
hereto and made a part hereof, is hereby established as an Interim Zoning
District.
SECTION 3: That the following temporary Interim Zoning regulations
with respect to the use of properties shown in Exhibit A shall be as
follows:
(A) There shall be no construction of new commercial, industrial, or
multi -family residential buildings within the area described in
Exhibit A, that except that the Planning Director may approve
minor modifications to existing uses, buildings or structures
where that cost of such modifications does not exceed $50,000.
(B) No new single family homes shall be constructed, moved,
converted, remodelled or altered unless and until a use permit
shall first be approved by the Planning Commission and ratified
by the City Council, in conformance with Chapter 21.64
(Conditional Uses) and Chapter 21.42 ( "S" Special Zoning Area)
of Title 21 (Zoning) of the Campbell Municipal Code,
except that the Planning Director may approve minor modifications
to existing single family uses, buildings or structures where the
cost of such modifications does not exceed $50,000.
(C) Application for such permit shall be filed with the Planning
Department of the City of Campbell on forms provided by said
department.
(D) Nothing in this section shall prevent a property owner from
maintaining, or repairing damages to, existing buildings or
structures.
SECTION 4: This ordinance shall be effective for a maximum period of
45 days, as provided in Section 65858(b) of the Government Code of the
State of California.
SECTION 5: If any section, subsection, sentence, clause, or phrase of
this ordinance is, for any reason held by a court of competent
jurisdiction, to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance.
SECTION 6: This ordinance is adopted as an urgency measure by at
least a four -fifths vote of the City Council, and is in full force and
effect at the time of adoption.
SECTIO14 7: This ordinance shall be published one (1) time in the San
Jose Mercury Newsoa newspaper of general circulation in the City of
Campbell.
SECTION 8: This ordinance shall not apply to any and all prospective
developments that have submitted an application to the Planning Department
prior to the adoption hereof for such development.
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PASSED AND ADOPTED this 5th day of August, 1986, by the following roll
call vote:
AYES: Councilmembers: Doetsch, Watson, Podgorsek, Kotowski
NOES: Councilmembers: Ashworth
ABSENT: Councilmembers: None
APPROVED • C--
)iichael F. Kotowski, Mayor
4� .
ATTEST:C AALty
Louise Pena, Acting City Clerk
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