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:
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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.
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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.
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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.
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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.
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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.
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f: TA 90-01 chap2106