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CC Ordinance 122 . 101, . ORDINANCE NO.122 AN ORDINANCE OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ADOPTING OFFICIAL PLAN LINES MAPS FOR CERTAIN ROADS AND STREETS WITHIN SAID CITY, PROHIBITING THE PLACING OF BUILDINGS OR STRUCTURES WITHIN SAID PLAN LINES, PROVIDING FOR UNIFORM STANDARDS OF PRO- CEDURE FOR VARIANCES AND ADJUSTMENTS TO BE ISSUED BY THE CITY COUNCIL WITH RESPECT TO SUCH PLAN LINES, AND REQUIRING THE RECORDING OF SAID PLAN LINES MAPS, BEING A PORTION OF ARTICLE IX, ENTITLED "PLANNING, ZONING, AND SUBDIVISION REGULATIONS OF CAMPBELL MUNICIPAL CODE" WHEREAS, the City Council of the City of Campbell did on the 22nd day of November, 1954, by Resolution No. 69 of said Council adopt a Master Plan of Streets and Highways for the City of Campbell; and, WHEREAS, to accomplish fully the purposes of said Master Plan there have heretofore been adopted certain Official Plan Lines Maps of the City of Campbell, which said maps are as follows, to wit: ( 1) Official Plan Lines Map of San Tomas Boulevard, which said map was adopted as a part of Ordinance No. 87 on the 21st day of November, 1955. (2) Official Plan Lines Map of Hamilton Avenue, which said map was adopted as a part of Ordinance No. 96 on the 7th day of May, 1956, and, WHEREAS, the City Council of City of Campbell finds it is for the public interest to establish additional plan lines, and to provide a uniform procedure for the granting of variances and the making of adjustments in connection with plan lines established, or as they may be hereafter established, -1- IMO NOW, THEREFORE, the City Council of City of Campbell does ordain as follows : SECTION 20:00.Plan Lines. There are hereby adopted certain additional Official Plan Lines Maps of the City of Campbell, copies of which are attached hereto and made a part hereof, and which are more particularly described as follows : (a) Official Plan Lines of Campbell Avenue as designated and delineated on the maps attached hereto, marked "Exhibit 'A ' ", and by this reference made a part hereof. (b) Official Plan Lines of Winchester Road as designated and delineated on the maps attached hereto, marked "Exhibit 'B' ", and by this reference made a part hereof. SECTION 20:cl.No.Buildings. No building, structure or other improvements shall hereafter be erected or placed within any official plan line, except that this provision shall not apply to lawns, crops, planting, shrubbery and the like; or such ordinary front yard fences and nonpermanent structures, which in the opinion of the City Planning Commission, will not defeat the purposes of this ordinance. SECTION 20:Q2.Procedure of Variances. The City Council of the City of Campbell, upon the recommendation of the City Planning Commission of said City, shall have power to grant adjustments or variances in the strict application of the provisions of Section 20:01 of this ordinance, in cases in which the strict application of such provisions would result in a serious impairment of substantial property rights, in accordance with the following procedure : -2- 11011 ( 1) Application for any adjustment or variance permissible under the provisions of this section shall be made to the City Planning Commission and shall include an application for a permit to erect or place the building, structure or other improvements. A filing fee of $15.00 shall accompany each application. ( 2) Upon the receipt of such application the City Planning Commission shall hold one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in said City not less than ten days prior to the date of said hearing. At said hearing the applicant shall present a statement and adequate evidence, in such form as the City Planning Commission may require, showing: (a) That there are special circumstances or conditions attached to the property upon which the proposed building, structure or other improvement is sought to be erected or placed . ( b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. ( 3) The City Planning Commission shall make its decision upon said application and shall report such decision to the City Council within thirty ( 30) days after the receipt of the application by the Secretary of the City Planning Commission. In recommending the granting of any adjustment or variance under the provisions of this Section the City Planning Commission shall designate such conditions in connection therewith as will, in its opinion, result in the adjustment or variance causing the minimum possible -3- interference with the purposes of this ordinance and with the ultimate accomplishment of the objectives of the Master Street and Highway Plan of the City of Campbell. ( 4 ) In reporting its decision to the City Council, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth any adjustment or variance which is recommended and the conditions designated in connection therewith. ( 5) Upon receipt of such report the City Council shall by resolution make its decision upon the aforesaid application. If such decision shall approve the granting of an adjustment or variance the permit applied for shall be issued, subject to the conditions designated by the City Council and the City Planning Commission. In all cases in which adjustments or variances are granted under the provisions of this section the City Council shall require such evidence and guarantees as it may deem necessary that the conditions designated in connection with such adjustment or variance are being and will be complied with. SECTION 20:03. The City Clerk of the said City of Campbell is hereby instructed to cause to be recorded in the Office of the County Recorder of the County of Santa Clara a full, true and correct copy duly attested, of each and every Official Plan Lines Map adopted as a part of any ordinance of the City of Campbell. PASSED AND ADOPTED this 28th day of January 195 7 , by the City Council of the City of Campbell, California, by the following roll call vote : -4- Olf 11110 gip , • . AYES: Councilmen: Fairchild, Rose, Schmidt, Chargin NOES: Councilmen: Morton ABSENT: Councilmen: None NOT VOTING: Councilmen: None rek227: t ayor ATTEST: .747,? .177 ity Clerk (7/ -5-