Loading...
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.