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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).