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CC Ordinance 1661ORDINANCE NO. 1661 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING THE INTERIM ZONING DISTRICT ESTABLISHED BY ORDINANCE NO. 1654 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. (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. Ordinance No. Page 2 (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 accommodations 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 four (4) months, 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 Ordinance No. 1654 expires on October 2, 1987. 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. 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 15th day of September 1987, by the following roll call vote: AYES Councilmembers: Podgorsek, Ashworth, Kotowski, Watson, Doetsch NOES Councilmembers: None ABSENT: Councilmembers: None APPROVED: f� R 1p Doetsch, Sr., Mar iR1q0P94rWMW.ffl- EXHIBIT A AREA OF PROPOSED INTERIM ZONE ,t (SHADED AREA) LLg= I tiYX jjr Y ti• 1 i