PC Res 2565RESOLUTION N0. 2565
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, CHAPTER 21.06 (PD - PLANNED DEVELOPMENT
DISTRICT). TA 88-06
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 21.06 of the Campbell Municipal Code.
1. The proposed text amendment maintains the notification procedures for a
public hearing and notification to surrounding property owners currently
required for a Planned Development Permit.
2. The City Council is still retained as the decision-making body for projects
involving Planned Development Permits.
3. The proposed modification from approval by Ordinance to Resolution will
reduce publication cost and Staff time required to produce such publication
notices.
4. The proposed modifications to the text amendment would make adjustments to
reform and clarify the basic procedures of the PD Zoning District.
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 25th day of October 1988 by the following roll call
vote:
AYES: Commissioners: Stanton, Perrine, Olszewski, Walker, Christ
NOES: Commissioners: None
ABSENT: Commissioners: Kasolas, Dickson
APPROVED: Ronald W. Christ
Chairman
ATTEST: Arthur A. Kee
Secretary
. _ ..,,_ , _. . _,_. __ . T _ _ __ r . _ __.-_._
ORDINANCE N0.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER 21.06
(PD - PLANNED DEVELOPMENT DISTRICT)
OF THE CAMPBELL MUNICIPAL CODE (TA 88-06)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 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 day of 19 by the following
roll call vote:
AYES:-~ Councilmembers:
- NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Jeanette Watson, Mayor
ATTEST:
Barbara Olsasky, City Clerk
DRAFT BY CITY ATTORNEY
EXHIBIT A
PROPOSED REVISIONS IF CHANGE TO RESOLUTION PROCEDURE
CHAPTER 21.06
PD -- PLANNED DEVELOPMENT DISTRICT
Sections:
21.06.010
21.06.020
21.06.030
21.06.040
21.06.050
21.06.060
21.06.070
21.06.080
21.06.090
21.06.100
21.06.110
21.06.130
21.06.130
21.06.140
21.06.150
21.06.160
21.06.170
21.06.180
Purpose.
Establishment of PD Zoning District.
Permitted Uses.
Planned Development Permit.
Application.
Consideration in review of applications.
Projects which may be approved with a Use Permit.
Action by the Planning Director.
Action by the Site and Architectural Review Committee.
Action by the Planning Commission.
Action by the City Council.
Notification of decision.
Right of appeal.
Development schedule expiration and revision.
Modification of approval.
Permits not to be issued if non-conformance exists.
Inspections by Planning Director.
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.
21.06.020 Establishment of PD Zoning 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.
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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, if subiect 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 City ~~d~~~~~k
resolution by the City Council after public hearing. In order to aid the
City Council in adoption of an ordinance, 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 Proiects 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 X50,000 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. Any Use Permit approved
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by the Planning Commission in the Planned Development Zoning District
shall be referred to the City Council for ratification. Use Permits
approved under provision of this section shall not become effective unless
and until such ratification is given.
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 change the
overall character of the proposed development. The .Planning Director may
also approve new uses in existing buildings when the new use is similar in
character and intensity to the use originally approved. However, if the
Planning Director finds that the proposed development or use 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. K~6d/d/fXddXd~lK~ltxdl¢b~iXddXbd/tKdt
tKE/~t6~6ddd/dk~dX6~~kdt/6t/dddd/dXkdtX~lK6d1d/tdddXt/Xd/dl~6tk
dddXtdKXd/dd~Xt6~(iddt/dKd/ddk/6t/Xddd/tKdd/~6KXd/~d/~6ddXKtd
Ktiddt/ddd/dtKkt/d6d~d#/kXdddXtikdtt6dl/ddd/tKdt/Xt/~6KXd/td
Eb~~dtX~Xd/~itK/tKd/~dKktdX/~Idd/dt/tHd/~it~/ddd/~XXI/dXd/Xd/tKd
Kdtd~bdXbdd/dd~klb~~ddt/6t/tKd/X~diddidtk/dtddl/tKdl~6~-XddXdd
dKdXX/tdd~didKd/d~~t6~d1/6f/tKd/d~~XXddtX6dl/btHEt~bXdd/Xt/dKd1X
tdEb~Kd/dddXdl/bf/tKk/d~~XXddtX6dl The Commission may
recommend suproval of the proposed development if it finds that
all of the_followinA criteria have been satisfied with regard to
the elements set forth in Sectinn ~;_n~_nan.
1.
2.
ible with
development of the immediate area;
3. The proposed development will not result in allowinst 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 the City
as a whole.
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. The City Council shall render its decision byKtd~LKKK~k/~b~tK{K/~~
dk~k resolution after conclusion of such public. hearing. d~bd/~
fiddiL~i~/fKkt/tKk/~tb~dkkd/dk~kXd~~k/if/6t/Ekkk/kXkktX~/~6bdXd
tkfidXf/Xd/dl~btk/dkkXtdkXk/k~i#Xt6d~bfit/kid/dkk/bf/XEdd/tKk~i/~66fiXd
#kl~bkkXl6Xk/d~idkt/Ed~l6tY-ktl#6di~i~/E-XkkkXfikkti(b~il /1dd/tKkt/ it
~bkdXd/fk/kk~6~ktXkXk/~6XfK/fKE/~kdktl~X/~Xk~i/bf /tKk/~Xtt/kdd/~4XXX
dXd/ Xti! fKE/Y-Et~b/-Xb#id/dE~bEX6~~k/-t /df /fY-E/X~idikdiEf E/dtkdl / tKk
~ddt-k~tX/kKkXX/k~6~tb~bE/tKk/d~~XX.k#tXbt-t /6tKEfi6XdE/Xf/kKEXX/dE~i~
fKk/E~~X~.tdti6~il The Council may approve the proposed
development if it_ finds that all of the followinit criteria have
been satisfied with regard to the elements set forth in Section
21.06.060:
1.
2.
3.
4. The proposed development would not be detrimental to the
health, safety, or welfare of the neighborhood or the City
as a whole.
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.;
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 Dchedule. 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 21.06.080, 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 by resolution 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.
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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