PC Res 2572RESOLUTION NO. 2572
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL
OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL
CODE AS IT PERTAINS TO REQUIRING APPROVAL OF
ADJACENT PROPERTY OWNERS FOR RESIDENTIAL ADDITIONS,
CHAPTER 21.08.070. TA 88-07
After notification and public hearing as specified by law on proposed
amendments to the text of the Campbell Municipal Code, and after presentation
by the Planning Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, and based upon the following
findings, the Commission did determine that there was a significant need to
amend Chapter 21.08.070 of the Campbell Municipal Code, as it pertains to
requiring approval of adjacent property owners for residential additions.
The current ordinance provision which purports to require the consent
of adjoining property owners prior to approval under Section 21.08.070
is a cause of disharmony among neighbors, and unduly restricts the
right of a property owner to make fair use of his property.
Consequently, it is determined that the current ordinance provision
poses a threat to the public peace of the Campbell neighborhoods, and
the present amendment is necessary for the immediate preservation of
the public peace.
That the establishment, maintenance, and operation of the proposed
amendment will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working
in the neighborhood of such use, or detrimental or injurious to
property and improvements in the neighborhood or the general welfare
of the City.
The Planning Commission does hereby recommend that the City Council adopt the
attached Ordinance enacting the necessary legislation to make the proposed text
amendment effective.
PASSED AND ADOPTED this 13th day of December 1988 by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Stanton, Perrine, Olszewski, Walker, Christ
None
Kasolas, Dickson
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
ORDINANCE NO.
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:
Except as provided in Subsection B, open space and setbacks shall be
required as provided in Chapter 21.55, Residential Setbacks and Open
Space.
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:
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
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
roll call vote:
day of , 19
, by the following
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
Barbara Olsasky, City Clerk
APPROVED:
Jeanette Watson, Mayor