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CC Ordinance 2122 ORDINANCE NO. 2122 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2009-47) TO AMEND CAMPBELL ZONING ORDINANCE SECTION 21.41 (PRE-APPLICATIONS) TO ESTABLISH SUBMITTAL REQUIREMENTS AND REVIEW PROCESS FOR SIGNFICANT DEVELOPMENT APPLICATIONS. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. . After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: 1. The purpose of this Zoning Code is to implement the policies of the Campbell General Plan by classifying and regulating the uses of land and structures within the city to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the city. 2. This Zoning Code is enacted based on the authority vested in the City of Campbell by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code 3. This Zoning Code and the Zoning Map are the primary tools used by the City of Campbell to implement the goals, objectives, and strategies of the Campbell General Plan, which is the overall policy document of the city, hereafter referred to as the "General Plan". 4. The City of Campbell recognizes the importance of promoting the public health, safety and general welfare. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed Zoning Code text amendment is consistent with the goals, polices, and actions of the General Plan; 2. The proposed Zoning Code text amendment is internally consistent with other applicable provisions of the Zoning Code; and, 3. The proposed Zoning Code text amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city. City Council Ordinance Adopting Text Amendments to Zoning Code Section 21.41 (Pre-Applications) Page 2 SECTION ONE: That this Ordinance be adopted to approve a Text Amendment (PLN2009-47) to update Campbell Zoning Code Section 21.41 (Pre-Applications) to establish submittal requirements and review process for significant development applications per attached Exhibit A. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 20th day of October, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kotowski, Furtado, Baker, Kennedy None Low None .~ APPRO ATTEST: .. ) .. ./.~/) /.{/' ! / / ~ L~. . Anne Bybee, City Clerk Exhibit A Page 1 of 4 Chapter 21.41 PRE-APPLICATIONS Sections: 21.41.010 Purpose of Chapter 21.41.020 Pre-Application Required 21.41.030 Procedure 21.41.010 Purpose of Chapter This chapter provides procedures and requirements for the preparation, filing, and processing of Pre-Applications for land use permits and other entitlements required by this Zoning Code. The intent of this process is to allow the review of significant development applications by the planning commission and/or community development director earlier in the development review process to avail an applicant of the planning commission's and/or community development director's comments and concerns prior to the formal submittal of the land use application. The Pre-Application process does not replace, but is ancillary to the land use application process and does not result in, nor can the planning commission or community development director, render a decision with regard to land use entitlements. 21.41.020 Pre-Application Required A. Mandatory Pre-applications. Any land use proposal that falls into one of the categories listed in the Threshold Table shall be required to submit a Pre-Application to the community development department for review and processing, including a mandatory study session before the planning commission, prior to submitting a formal land use application. Threshold Table Mandatory Pre-applications Thresholds* 1 Proposed Zone Change/General Plan Amendments involving a minimum of one acre. 2 Projects involving over two acres or over 40 dwelling units or 20,000 square feet of building area. 3 Projects resulting in commercial/residential adjacencies on parcels exceeding 20,000 square feet. 4 Potential impacts on infrastructure that result in significant environmental impacts identified in an environmental assessment or substantial fiscal impacts. Exhibit A Page 2 of 4 * Land Use Permits and Other Entitlements includes Tentative Subdivision Maps, Planned Development Permits, Condominium - Planned Development Permits, Zone Changes, and General Plan Amendments, and Text Amendments. 21.41.030 Procedure Application filing, processing, and review. A. Filinq. A pre-application shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing and Fees.) B. Application contents. The application shall include the information and forms provided by the community development department, and all information and materials required by the community development department and director. C. Review by the community development director. 1. Mandatory Pre-applications. Following receipt of a completed Mandatory Pre-application, the community development director shall make an investigation of the facts bearing on the project to provide the information necessary for the review of the proposal by the planning commission. The community development director shall then schedule the pre- application as a study session item before the planning commission for review and comment within 60 days. D. Study session: Review by the planninq commission. 1. The planning commission shall provide constructive review of the pre-application and provide feedback and direction to the applicant early in the design review process. 2. A public hearing shall not be required for the planning commission's review of a pre- application. 3. At the conclusion of the required study session, the applicant may file a formal application as defined under Section 21.38.030. E. Advisory comments: Community development director and planninq commission. The Pre-Application process does not replace, but is ancillary to the land use application process and does not result in, nor can the planning commission render a decision with regard to land use entitlements, and nothing contained in the process precludes either the planning commission or city council from approving or denying a subsequent formal land use application. Because the pre-application process does not constitute a formal application review, comments are considered advisory recommendations for the use of the applicant. Any such review or recommendation shall not be binding upon the planning commission or the city council as to any further determinations to be made with respect to the project. Exhibit A Page 3 of 4 ---------------------------------------------------------------------------------------------------------------------- Amend section 21.38.020 of the Zoning Code as indicated in italics: 21.38.020 Authority for land use and zoning decisions. Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code. The Community Development Director may refer any request to the Planning Commission for a decision. Additional fees shall not be charged to the applicant in the event of a community development director's referral. (Ord. 2070 ~1 (Exh. A)(part), 2006: Ord. 2043 ~1 (part), 2004). Table 4-1 Decision-Making Body Community Procedures are Development Type of Permit or Decision found in: Director (2) Use Permits and other Development Entitlements iAdm'inlstrativePlanned 21.12.030 Decision iDevelopment Permits iAdministrative'Siteand 'Architectural Review Permits Use Permits Development Agreements iFence Exceptions iHome Occupation Permits Development Permits iPre-applications Accommodations Permits 21.42 21 .46 21.52 21.18.060 21.44 21.12.030 21.41 21.50 21.30 ISite and Architectural Review iPermits Removal Permits !Underground Utility Waiver Variances Clearances 21.42 21.32 21.18.140 21.48 21.40 Decision-making body and Role (1) Planning Commission Appeal Decision Appeal Decision Decision Recommend Appeal Issuance Comments(5) Decision(3) Issuance(4) Recommend Comments(5) Appeal Decision( 4) Decision Decision Issuance Appeal Decision Issuance City Council Appeal Decision Decision Decision( 4) Appeal(4) Appeal Appeal Exhibit A Page 4 of 4 Code Administration and Amendments Plan Amendments 21.60 II nterpretations 21 .02 Zoning Code Amendments 21.60 Map Amendments 21.60 Decision Recommend Appeal Recommend Recommend Decision Decision Decision Notes: (1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body; "issuance" means that the permit is a ministerial action that is issued by the decision-making body; "decision" means that the decision-making body makes the final decision on the matter; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision- making body, in compliance with Chapter 21.62, (Appeals). (2) Appeals of community development director's decisions are final with the planning commission, in compliance with Chapter 21.62, (Appeals). (3) The community development director's authority with respect to the review and final action on reasonable accommodations shall be as identified in Chapter 21.50 of this title. (4) A sign permit that meets the minimum requirements of the signs regulations (Chapter 21.30) shall be reviewed and issued by the community development director. Off-site signs, readerboard signs and signs that exceed the minimum requirements of the sign regulations shall be reviewed by the planning commission and are appealable to the city council. Freeway-oriented signs shall be reviewed by the city council after recommendation by the planning commission. (5) The Pre-Application process does not replace, but is ancillary to the land use application process and does not result in, nor can the Planning Commission or Community Development Director, render a decision with regard to land use entitlements, and nothing contained in the process precludes either the Community Development Director, Planning Commission or City Council from approving or denying a subsequent formal land use application.