CC Ordinance 1739ORDINANCE NO. 1739
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER
21.08.070 OF THE CAMPBELL MUNICIPAL CODE
AS IT PERTAINS TO REQUIRING APPROVAL OF
ADJACENT PROPERTY OWNERS FOR RESIDENTIAL
ADDITIONS. (TA 88-07)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.08.070 of the Campbell Municipal Code is
hereby amended as follows:
21.08.070 Open Space and Setback Requirements.
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
A. Except as provided in Subsection B, open space and setbacks shall be
required as provided in Chapter 21.55, Residential Setbacks and Open
Space.
B. Notwithstanding Subsection A, the Planning Commission may permit a
minimum sideyard setback of 5 feet for buildings proposed for a second
story addition, when it finds:
1. That said sideyard will not be detrimental to the health, safety,
peace, comfort, or general welfare of persons in the
neighborhood, or the City as a whole; and
2. That said sideyards will not unreasonably interfer with the
ability of adjoining property owners to enjoy access to sunlight,
air, privacy, and quiet enjoyment of such owner's property.
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 February 19 89 , by the following
roll call vote:
AYES: Councilmembers: ROTOWSRI, ASHWORTH, BURR, WATSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
APPROVED:
i
ATTEST: �r
Bar ara Olsasky, City Cler
;Jn tte Watson, Mayor
TA 88-07 - Chapter 21.08.070
PC Mtg: 12-13-88
Exhibit A
EXISTING
21.08.070 Open Space and Setback Requirements
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
A. Side Yard -- Existing One Story. The Planning Commission may permit a
minimum side yard of 5 feet for buildings proposed for a second story
addition when it finds that said side yards will not be detrimental to
the health, safety, peace, morals, comfort or general welfare of
persons residing in the neighborhood or general welfare of the City,
and consent of adjacent property owners is obtained.
PROPOSED
21.08.070 Open Space and Setback Requirements
Open space and setbacks shall be provided as required in Chapter 21.55
(Residential Setbacks and Open Space) except as follows:
A. Except as provided in Subsection B, open space and setbacks shall be
required as provided in Chapter 21.55, Residential Setbacks and Open
Space.
B. Notwithstanding Subsection A, the Planning Commission may permit a
minimum sideyard setback of 5 feet for buildings proposed for a second
story addition, when it finds:
1. That said sideyard will not be detrimental to the health, safety,
peace, comfort, or general welfare of persons in the
neighborhood, or the City as a whole; and
2. That said sideyards will not unreasonably interfer with the
ability of adjoining property owners to enjoy access to sunlight,
air, privacy, and quiet enjoyment of such owner's property.