CC Ordinance 1654c
ORDINANCE NO. 1654
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ESTABLISHING INTERIM ZONING
DISTRICT FOR THE PURPOSE OF INSURING REVIEW
OF PROPOSED CHANGES OF USE
The City Council of the City of Campbell does ordain as follows:
Section 1: The City Council of the City of Campbell finds that there
is a current and immediate threat to the public welfare from approval of
additional subdivisions, use permits, variances, building permits, or
other entitlements in the area described in the attached Exhibit A, unless
all proposed changes of use are reviewed by the City Council, in that:
(a) The area described in Exhibit A lies within 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 Exhibit A 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) Change of use 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: 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: The following temporary Interim Zoning regulations shall
apply to uses of properties within the area shown as Exhibit A:
(a) No change of use may occur on any property within the
Interim Zoning District without first obtaining approval
from the Campbell City Council.
(b) The City Council may deny any proposed change of use if such
change of use would be detrimental to the public health,
safety or welfare. In reaching its decision the City
Council may consider the impact of the proposed change of
use on the economic viability of the Interim Zoning
District, the concentration of similar uses in the area, the
probable traffic and parking impacts of the proposed use,
the compatability of the proposed use with other existing
uses in the area, and the compatibility of the proposed use
with future development of the area.
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Ordinance No. 1654
(c) The City Council may conditionally approve a proposed change
of use subject to such reasonable conditions as may be
necessary to ensure that the proposed use will not be
detrimental to the public health, safety, or welfare.
(d) "Change of Use," for purposes of this Interim Ordinance,
contemplates a change from one type of business or
residential use to another type of business or residential
use, or change in the services or accomodations offered on
the property. A change of use may exist even though it is a
change from one commercial use to another commercial use, or
from one light industrial use to another light industrial
use. For example, such changes of use may include, but are
not limited to, a change from a bakery to a restaurant, a
change from professional offices to a beauty shop, or a
change from single family residence to a multifamily
residence.
Section 4: Except as provided herein, this Interim Ordinance is
supplemental to all other existing regulations, and is not intended to
override any other existing laws. If, however, these interim regulations
are found to conflict with any provisions of the Campbell Municipal Code,
Revised, the Interim Ordinance shall control.
Section 5: Nothing in this section shall prevent a property owner
from maintaining, or repairing damages to, existing buildings or
structures.
Section 6: This ordinance shall be effective for a maximum period of
forty-five (45) days, unless otherwise extended pursuant to California
Government Code Section 65858(a) or (b).
Section 7: 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.
Section 8: 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.
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Ordinance No. 1654
Section 9: This ordinance shall apply to all prospective developments
or proposed changes of use for which all necessary permits or approvals
have not been obtained prior to the adoption of this ordinance.
PASSED AND ADOPTED this 18th day of August, 1987, by the following
roll call vote:
AYES Councilmembers: Kotowski, Podgorsek, Watson, Ashworth,
Doetsch
NOES Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
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ATTEST: