PC Res 2441RESOLUTION NO. 2441
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, CHAPTERS 21.41.130 AND 21.41.140. TA 86-03
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
~~~-~rin7 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 Chapters 21.41.130 and 21.41.140 of the
Campbell Municipal Code to modify the review procedure of applications for
change of use, construction, demolition, relocation or material change in
an Historic District.
1. The amendment would reduce the review procedure time and the number of
reviewin bodies involved in applications for additions and alterations
in historic districts.
2. The amendment would still provide for sufficient review of proposed
applications for changes in the historic 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 10th day of February 1987 by the following roll
call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ATTEST: Arthur A. Kee
Kasolas, Stanton, Olszewski, Dickson, Christ
None
Perrino
APPROVED: Ronald W. Christ
Acting Chairman
Secretary
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTERS
41.41,130 AND 21,41,140 OF THE CAMPBELL
MUNICIPAL CODE (TA 86-03)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter/Section 21.41.130 and 21.41.140 of the Campbell
Municipal Code is hereby amended as set forth in Exhibit A, attached
;~,r:~r~~o.
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.
PAS;;ED AND ADOPTED this day of , 19 , by the
following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Mayor
ATTEST:
City Clerk
........ ., PROPOSED ORDINANCE
CHAPTER 1.41 - "STORK PRESERVATION
21_._41.130 Procedure to 1-uthorize Construction, Demolition,
Relocation, or Material Change on a Desi Hated
Landmark or in an Historic District_
A. No person shall carry .nt or cause to be carried out on a
designated landr~:~rk any material change in exterior appearance of
such struccures or districts through alteration, construction,
re?cation, or demolition, without a review by the Board and
Planning Commission and until a use permit as provided for in
Chapter 21.72 has. been granted by the Planning Commission.
B. No person shall carry out or cause to be carried out in an
historic district any material change in exterior appearance of a
Planning structure or property through alteration or construction without
Commission----- a review by the ~K3Ed and. until .approval of a Special Development
Permit has been granted by the S~~-t6f~E-Ci~y ~ouriciT upon --°-Planning
appeal) pursuant to this section. A Ose Permit, issued following Commission
review by both the Board and_the Planning Commission, in
accordance with Chapter 21.72 and the standards set forth in this
Section, shall be required for relocation or demolition of a i
structure. in an historic district.
C. The Planning Department shall maintain with the Building
Department a curremi record of designated landmarks and historic
districts. when the Building Official receives an application
for a penait which indicates a possible material change to the
exterior appearance of the building, structure oz portion
II thereof, the Stcretary or<8uildinq Official shall require an
._ application for a use penait or Special Development Permit.
[ADD:j The Planning Director may review and decide applications for ~-~~
Special Development Permits where the estimated cost of con-
struction is less than S15,000 and where, in the Planning
Director's opinion, the proposed change satisfies the findings
as set forth in Subsection I of this section. If the Planning
Director finds that the proposed modification will have a
substantial adverse effect on the integrity of the historic
district, he shall deny the request or may refer the application
to the 8fst~iu~xRSascBSwcIiSBS~ for its review and decision.
Planning Commission
D. An application for a use permit or Special Development Permit
shall be filed with the Planning Department upon the prescribed
form and shall contain the following data:
1. A clear statement of the proposed work.
2. Plans describing the size, height, and appearance of the
proposed work.
3. 11 site plan showing all existing buildings and structures
and the proposed work.
4. Mhere the application is for demolition, the necessity for
demolition shall be justified.
5. Other information deemed necessary by the Board. and/or
Planning Commission. .
6. Applicable fees.
z . _~,
E. After receiving an application for such a use permit or Special
Development Permit, the Planning Department shall refer it to the
Planning Commission $eazd which shall review the application, and take appropriate
action under this Section.
Planning Commission The SBazd, in considering the appropriateness of the application,
shall consider, among other things, the purposes of the Chapter
and the historical architectural value and significance of the
landmark or historic district. Among other things, the ~saz~ Planning Commissio
shall take into consideration the texture and materials of the
building or structure in question or its appurtenant fixtures,
including signs, fences, parking, site plan, landscaping, and the
relationship of such features to similar features of other
buildings within an historic district, and the position of such
building or structure in relation to the street or public way and
to other buildings or structures.
G. In the case of an application for a Special Development Permit,
Planning Commission the DDS may take one of the following actions:
1. Approve the application as presented;
2. Approve the application subject to such modifications as the --
Board finds necessary to conform the application to the
purposes of this Chapter; or
3. Disapprove the application.
Planning Commission The~Baaexlcmay continue action on an application for a Special
Development Permit for a maximum of sixty (60) days.
H. In the case of an application for a use permit, the Board may
recommend any of the following actions to the Planning
Commission:
1. Approval of the application as presented;
2. Approval of the application subject to such modifications as
the Board determines are necessary to conform the
application to the purposes of this Chapter; or
3. Disapproval of the application.
I. Prior to approval or modified approval of a Special Development
Permit, 163tX~63tZ~]~XY#XliR~fXi~~i~diii~iA~id~i3CYi3~iXY~I~fXY~~~GK~id~~d
ii~S3~i63~liZXB1`XIiXBi~IFXx~it~dYi£yXiIX~FXH~I7IifdX#iKZZXX~Cg}CX or Use Permit, the Board
and Planning Commission shall find that: ..
1. The action proposed is consistent with the purposes of this --
Chapter, and
2. The action proposed will not be detrimental to a structure
or feature of significant aesthetic, cultural,
architectural, or engineering interest or value of a
historical nature, or
t'
3.
3. The applicant has demonstrated that the. action proposed is
necessary to correct an unsafe or dangerous condition on the
property pursuant to Section 21.41.170, or
4. The applicant has demonstrated the denial of the application
will result in immediate or substantial hardship pursuant to
Section 21.41.200.
J. The Planning Commission may continue action on use permits for
two meetings, not to exceed 65 days from the date of public
hearing for purposes of reaching a mutually acceptable solution
in keeping with the criteria of this ordinance. If, at the end
of that time, an acceptable solution has not been achieved, the
application shall be finally granted or denied.
X. Upon approval of an application for a Use Permit, the Planning
Commission shall issue the use permit, a copy of which shall be
forwarded to the applicant, one copy of which shall be retained
in the files of the Planning Department, and one copy of which
shall be forwarded to the Building Official. In addition, a copy
shall be forwarded to the Civic Improvement .Commission and any
other department or agency requesting it or the Secretary
believes will be affected by the permit.
L. Any use permit undez the Section shall not becaae effective until
it has been ratified by the City Council.
M. The applicant shall have the right of appeal to the City Council
as set forth in Chapter 21.60 (Appeals).
21.41.140 Appeal of Demolition of Designated Landmarks.
A. If an appeal is made on an application for a use permit to
demolish a designated landmark, the City Council may continue
action on the appeal for a period of up to 180 days .from the date
of its public hearing, or longer if agreeable to the owner. If
the City Council fails to act in this period of up to 180 days,
the application shall be deemed to have been approved.
B. During this period, the City Council, with the advise and
assistance of the Board, may take such steps as it determines are
necessary to preserve the structure concerned in accordance with
the purposes of this Chapter. Such steps may include, but shall
not be limited to, consultations with civic groups, public
agencies, and interested citizens, recommendations for
acquisition of property by public or private bodies or agenices,
and exploration of the possibility of moving one or more
structures or other features.