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CC Ordinance 18024 ORDINANCE NO. 1802 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING TEXT AMENDMENT TO CHAPTER 21.06 OF THE CAMPBELL-MUNICIPAL CODE (TA 90-01). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.06 of the Campbell Municipal Code is hereby amended as set forth in Exhibit A, 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 1st day of May,1990 , by the following roll call vote: AYES: Councilmembers: KOTOWSKI, WATSON, CONANT, BURR, ASHWORTH NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ATTEST: APPROVED: JOHN J. ASHWORTH, MAYOR EXHIBIT A CHAPTER 21.06 PD - PLANNED DEVELOPMENT DISTRICT Sections: 21.06.010 Purpose. 21.06.020 Establishment of PD Zoning District. 21.06.030 Permitted Uses. 21.06.040 Planned Development Permit. 21.06.050 Application. 21.06.060 Consideration in review of applications. 21.06.070 Projects which may be approved with a Use Permit. 21.06.080 Action by the Planning Director. 21.06.090 Action by the Site and Architectural Review Committee. 21.06.100 Action by the Planning Commission. 21.06.110 Action by the City Council. 21.06.120 Notification of decision. 21.06.130 Right of appeal. 21.06.140 Development schedule expiration and revision. 21.06.150 Modification of approval. 21.06.160 Permits not to be issued if non-conformance exists. 21.06.170 Inspections by Planning Director. 21.06.180 Follow-up. 21.06.010 Purpose. The PD District is intended to provide a degree of flexibility which is not available in other zones so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. The district allows within its boundaries a use or development, or a combination of uses or types of uses or types of developments, which is (are) determined to be in conformance with the General Plan of the City. It is not the intent of the PD district to allow more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan. Ord. 1617 S2 (part), 1986). 21.06.020 Establishment of PD Zonine Districts. Unless initiated by the City, an application for a zone change to a Planned Development Zoning District for a specific parcel or area shall include a development plan as specified in Section 21.06.050. The City may initiate a zone change to a Planned Development Zoning District for a specific parcel or area without providing development plans when the purpose of such zone change is determined to serve the best interests of the City. (Ord. 1617 S1 (part), 1986). 21.06.030 Permitted Uses. Any use or development which is determined to be consistent with the General Plan of the City may be approved in the Planned Development Zoning District, subject to the criteria set forth in Section 21.06.110. Unless otherwise stated in this Chapter, under provisions for a Use Permit, development plans shall be approved by the City Council after public hearing. In order to aid the City Council, the Planning Commission shall also hold a public hearing and shall transmit its findings and recommendations by resolution to the City Council. 21.06.040 Planned Development Permit. Unless otherwise specified in this Chapter, no building, structure, or use shall be created, maintained, established, erected, constructed, enlarged, placed or installed in the PD District unless and until a Planned Development Permit is issued. 21.06.050 Application. Application for a Planned Development Permit shall be filed with the Planning Director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the City Council, no part of which is refundable. The Planning Director shall prescribe the form of application and data to be filed with the application. A development plan shall be required to accompany the application. If development is to be carried out in stages, each stage shall be shown on a master plan of development. The plan shall indicate the site location and planning of all open spaces and structures to show that the development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. The plan shall include proposed buildings or structures with elevations which show appearance and materials of exterior walls, landscaping, walls or fences used for screening or separation, design of ingress and egress, and off-street parking or loading facilities. A Development Schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion is required. The Planning Commission may also require such other information as it considers necessary. 21.06.060 Consideration in review of applications. The Planning Director, Site and Architectural Review Committee, the Planning Commission,'and the City Council shall consider the following matters and others when applicable in their review of applications: A. Considerations relating to traffic safety, traffic congestion, and site circulation: -2- ti 1. The effect of the site development plan on traffic conditions on abutting streets; 2. The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; 3. The arrangement and adequacy of off-street parking facilities to prevent traffic congestion; 4. The location, arrangement, and dimensions of truck loading and unloading facilities; 5. The circulation patterns within the boundaries of the development; 6. The surfacing and lighting of off-street parking facilities; B. Considerations relating to landscaping: 1. The location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage area, utility installations or other unsightly development; 2. The planting of ground cover or other surfacing to prevent dust and erosion; 3. The unnecessary destruction of existing healthy trees; C. Considerations relating to buildings and site layout: 1. Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood; 2. Consideration of exterior design in relation to adjoining structures in height, bulk and area openings, breaks in the facade facing onto the street. D. Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. ° 21.06.070 Projects which may be approved by a Use Permit. For projects in an existing Planned Development Zoning District, which have an estimated construction value to be established by the Building Department of less than $50,000 or to establish a use in an existing building when no development plans are required, a Use Permit may be considered and approved by the Planning Commission in accord with the provisions of Chapter 21.72 - - Conditional Uses. - 3 - 21.06.080 Action by the Planning Director. The Planning Director may review and decide applications for minor additions or alterations to existing buildings and minor changes in plans which have previously been approved. Minor changes are limited to modifications in the site plan and elevations that will not: A. Change the overall character of the proposed development; B. Substantially alter the design or specifications set forth in the site plans and elevations; or C. Result in the creation of a situation or condition contrary to the intent of the ordinance or resolution by which the development was originally approved. If the Planning Director finds that the proposed development 6f/444 will have a substantial effect on the surrounding area, he shall refer the application to the Planning Commission for consideration. 21.06.090 Action by the Site and Architectural Review Committee. The Site and Architectural Review Committee (as specified in Section 21.42.030) shall review all development plans (except those approved by the Planning Director as specified in Section 21.06.080) and make reports and recommendations on each application to the Planning Commission. 21.06.100 Action by the Planning Commission. A. The Planning Commission shall hold a public hearing on a Planned Development application. The hearing shall be noticed as prescribed in Chapter 21.78 (Public Hearing Notice Procedures). B. Following public hearing and within 60 days after the acceptance of the application for a Planned Development Permit, the Planning Commission shall report its findings and recommendations to the City Council by resolution, unless the application is continued with the concurrence of the applicant, in which case the 60 day period may be exceeded. The Commission may recommend approval of the proposed development if it finds that all of the following criteria have been satisfied with regard to the elements set forth in Section 21.06.060: 1. The proposed development or uses would clearly result in a more desireable environment and use of land than would be possible under any other zoning classification; 2. The proposed development would be compatible with the General Plan of the City, and will aid in the harmonious development of the immediate area; 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property; and 4. The proposed development would not be detrimental to the health, safety, or welfare of the neighborhood or of the City as a whole. -4- In recommending approval, the Commission may also recommend conditions as it deems reasonable and necessary under the circumstances to carry out the intent of this Chapter and the General Plan. The Commission may also recommend time limits within which the condition -must be fulfilled and the proposed development started and completed. C. Following the hearing and within 60 days after the acceptance of the application for a Use Permit, pursuant to Chapter 21.06.070, the Planning Commission shall make a determination in accord with Chapter 21.72--Conditional Uses. Such Use Permit shall not become effective unless and until ratification is given by the City Council. 21.06.110 Action by City Council. A. Upon the receipt of the report of the Planning Commission, the City Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed as presented in Chapter 21.78 (Public Hearing Notice Procedures). B. For projects which meet or exceed any of the following criteria, the City Council shall render its decision by Ordinance after the conclusion of such public hearing: 1. The project is proposed for development on a land area of more than 2 acres (gross area). 2. The project consists of the construction of more than 20,000 square feet of gross floor area. 3. The project involves the construction of more than 20 residential units. C. For projects which do not exceed the criteria specified above, the City Council shall render its decision by resolution after conclusion of such public hearing. D. The City Council shall render its decision after conclusion of such public hearing. The Council may approve the proposed development if it finds that all of the following criteria have been satisfied with regard to the elements set forth in Section 21.06.060: 1. The proposed development or uses would clearly result in a more desireable environment and use of the land than would be possible under any other zoning classification. 2. The proposed development would be compatible with the General Plan of the City, and will aid in the harmonious development of the immediate areas. 3. The proposed development would not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the General Plan designation of the property; and 4. The proposed development would not be detrimental to the health, safely or welfare of the neighborhood or the City as a whole. - 5 - In approving the application, the Council may require such conditions as it deems necessary and appropriate to secure the purposes of this Title and the General Plan, and may require guarantees and evidence that -such conditions are being or will be complied with. The Council may impose time limits within which the conditions must be fulfilled and the proposed development started and completed. 21.06.120 Notification of decision. The Secretary of the Planning Commission shall give written notification of the decision of the Planning Director, Planning Commission, or City Council to the applicant. In the case of approval, the notification shall include all conditions and time limits. 21.06.130 Right of appeal. Any person aggrieved by the decision of the Planning Director and/or Planning Commission may appeal within ten days of the date of decision in the manner specified in Chapter 21.80--Appeals. 21.06.140 Development schedule expiration and revision. A development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion shall be approved with the project. A Planned Development Permit shall expire upon expiration of the Development Schedule A Development Schedule may be extended or reinstated by the Planning Commission upon receipt of a written request which includes a new Development Schedule. All applications for an extension or a reinstatement of a Development Schedule shall be accompanied by a filing fee in accord with the schedule of fees established by the City Council, no part of which is refundable. 21.06.150 Modification of approval. Unless approved under Section 21.06.070 or 21.06.080, all application for modification to approved Planned Development Permits (such as a change in use or conditions or a modification to the plans) must be approved by the City Council upon recommendation of the Planning Commission. All applications for modifications must be accompanied by a filing fee in accord with the schedule of fees established by the City Council, no part of which is refundable. 21.06.160 Permits not to be issued if nonconformance exists. No Planned Development Permit, building permit, business license, or any other type of permit shall be issued for any use in a Planned Development District where such use does not conform to the development plan as approved by the City Council. No building permit is to be issued unless it is first ascertained that a valid Planned Development Permit exists for the use in question. - 6 - 21.06.170 Inspection by Planning Director. From time to time the Planning Director shall compare the actual development accomplished in the various Planned Development Districts with the approved Development Schedule and shall report his findings to the Planning Commission. 21.06.180 Follow-up. If, in the opinion of the Planning Commission, the owner(s) of the property in any Planned Development District are failing or have failed to meet the approved schedule, the Commission may initiate proceedings to remove the Planned Development District from the Zoning Map or the amendment of the development plan. -7- f: TA 90-01 chap2106