PC Res 2532RESOLUTION NO. 2532
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 21.40 (O-OVERLAY DISTRICT),
CITY-INITIATED, TA 88-02.
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 City Attorney, 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 21.40 (O-Overlay District) of the
Campbell Municipal Code.
1. The purpose of the Overlay District is to provide modification,
additions, and limitations to zoning districts to meet special
conditions and situations concerning properties within such
zoning districts that cannot be otherwise treated satisfactorily.
2. The City Council finds that the language of Chapter 21.40 of the
Campbell Municipal Code needs to be clarified with respect to the
applicability of the site development process to city-wide
regulations.
The Planning Commission does hereby recommend that the City Council adopt
the attached Ordinance enacting the necessary legislation to ~mke the
proposed text amendment effective.
PASSED AND ADOPTED this 10th day of May 1988 by the following roll call
vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
Kasolas, Stanton, Perrine, Olszewski, Christ
None
Walker, Dickson.
APPROVED: Ronald W. Christ
Chairman
ATTEST: Arthur A. Kee
Secretary
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER
21.40 (O-OVERLAY DISTRICT) OF THE CAMPBELL
MUNICIPAL CODE (TA 88-02).
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 21.40 (O-Overlay District) 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
roll call vote:
, by the following
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
APPROVED:
BARBARA OLSASKY, CITY C!,~.~K
WILLIAM R. PODGORSEK, MAYOR
EXHIBIT A
BEING AN ORDINANCE
OF THE CXTY COUNCIL
OF TEE CITY OF CAMPBELL
AMENDING SECTIONS
21.40.020 AND 21.040.070
OF THE CAMPBELL MUNICIPAL CODE,
REVISED -CLARIFYXNG
O OVERLAY DISTRICT REGULATIONS
WHEREAS, t h e C i ty
finds that the language of
Municipal Code needs to be
applicability of the site
regulations;
development
Council of the City of Campbell
Chapter 21.40 of the Campbell
clarified with respect to the
process to city wide
NOW, THEREFORE, the City Council of
Campbell does ordain as follows:
SECTION lz These amendments are
clarifying the existing law, and shall
effecting a change in the current law.
the City of
for the purpose of
not be construed as
SECTION 2~ The second paragraph of Section 21.04.010
of the Campbell Municipal Code, Revised, shall be amended by.
adding the words "regulations applicable to all districts,"
between the words "regulations," and "or other requirements," so
that the Section reads as follows=
21.04.010~. The purpose of the Overlay
district ii %-~ ~vide modifications, additions, and limitations
to zoning districts to meet special conditions and situations
concerning properties within such zoning districts that cannot
otherwise be treated satisfactorily. The '0' Overlay district
may be combined with any of the zoning districts designated in
the zoning code except the R1, PD and C-PD districts.
The addition of an overlay district designated with any
zoning district shall not operate to reduce or eliminate any
requirements established by the basic district regulations,
regulations applicable to all districts, or other requirements
Contained in this chapter applicable to any district with which
the overlay district is added except variations to lot area, lot
width, open space in yard, height and parking space requirements.
SECTION 3~ Section 21.40.020 of the Campbell Municipal
Code, Revised is hereby amended by striking the words "otherwise
required by the regulations of the zoning district with which an
0 district is combined," from the second paragraph, so that the
section reads~
21.40.020 & 21.40.070
0 Overlay District Regulations
page 2.
21.40.020 Special development permit. No building,
structure, or use shall be created, established, erected,
constructed, enlarged, placed or installed in any zoning district
with which the O district is combined until a special development
permit is issued by the city council.
No use permit or variance shall be required for uses,
or building or structures, permitted in an approved special
development permit. (Ord. 1617 Section I (part), 1986).
SECTION 4~ Section 21.40.070 of the Campbell Municipal
Code, Revised is hereby amended by amending subsection (b) to
read as follows:
(b) The city council shall render its decision by
ordinance within thirty days after conclusion of such public
hearing. Upon finding that the property has unique or special
characteristics and that the proposed project will be consistent
with the General Plan and will aid in the harmonious development
of the immediate area, the city council mai. approve the
application. 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. The
council may impose time limits within which the conditions must.
be fulfilled and the proposed development started and completed.
(Ord. 1617 Section I (part), 1986).