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PC Res 3983RESOLUTION NO. 3983 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT A TEXT AMENDMENT (PLN2010-67) TO AMEND THE CAMPBELL ZONING ORDINANCE PERTAINING TO SITE AND ARCHITECTURAL REVIEW PERMIT REQUIREMENTS (CMC §21.42.020) THAT WILL ACHIEVE CONSISTENCY WITH THE SAN TOMAS AREA NEIGHBORHOOD PLAN, AND THE PLANNED DEVELOPMENT ZONING DISTRICT (CMC §21.12.030) TO CORRECT TEXT THAT IS CURRENTLY INCONSISTENT WITH THE INTENT OF THE PROVISIONS. FILE NO.: PLN2010-67 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 Planning Commission did find as follows with respect to application PLN2010-67. 1. State law requires a City's General Plan and Zoning Ordinance to be internally consistent; and 2. The Planning Commission has identified text inconsistencies between language within the City's Zoning Ordinance and San Tomas Neighborhood Area Plan pertaining to review processes; and 3. The Planning Commission understands the importance of the City's Zoning Ordinance and San Tomas Neighborhood Area Plan processes being as similar as possible to ensure that the Area Plan is appropriately applied to development projects; and 4. The Planning Commission has determined that in the case of Gonzales v.Raich, the United States Supreme Court found that even though medicinal marijuana was approved for medical use in certain states, the cultivation, transportation, selling, and use of marijuana remains illegal under federal law; and 5. The City Council already approved text throughout the City's Zoning Ordinance to prohibit uses that are inconsistent with both state and federal law; and 6. The Planning Commission acknowledges that Section 21.12.030 within the P-D (Planned Residential Development) Zoning District was intended to be modified by the City Council in July 2008 but the required language was ultimately unchanged; and Planning Commission Resolution No. 3983 PLN2010-67 - Recommending a Text Amendment to CMC § 21.42.020 & §21.12.030 Page 2 7. The Planning Commission recommends that the language be modified to achieve consistency with the City Council's intended approval in 2008, with the other restrictions within the Zoning Ordinance and to achieve consistency with federal law. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; and 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and 3. The proposed amendment is internally consistent with other applicable provisions of the zoning code. THEREFORE, BE IT RESOLVED that the Planning Commission recommends that Council adopt a Text Amendment (PLN2010-67) to amend the Campbell Zoning Ordinance pertaining to Site and Architectural Review Permit requirements (CMC §21.42.020) that will achieve consistency with the San Tomas Area Neighborhood Plan and the Planned Development Zoning District (CMC §21.12.030) to correct text that is currently inconsistent with the intent of the provisions as per attached Exhibit A. PASSED AND ADOPTED this 27th day of April, 2010, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Roseberry None None None , APPROVED• ~ ~~~~~ ~~~~ eth Gibbons, Chair ATTEST: Pau K n oyan, Acting Secretary Deleted text stricken/Added text bold and underlined Exhibit A Page 1 21.12.030 P-D (Planned Development) zoning district. A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in other zoning districts so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. The zoning district allows within its boundaries a use or development, or a combination of uses or types of uses or types of developments, that is (are) determined to be in conformance with the underlying land use designation of the General Plan. It is not the intent of the P-D zoning district to allow more residential units than would normally be allowed by other residential zoning districts which are deemed consistent with the General Plan. B. General Plan. The P-D zoning district is consistent with the underlying land use designation of the General Plan. C. San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by reference. The San Tomas neighborhood area plan policies shall only apply to properties within the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is maintained at the community development department. In the case of conflict between the San Tomas area neighborhood plan policies and requirements contained in this chapter, the policies of the San Tomas area neighborhood plan shall prevail. D. Allowable uses in the P-D zoning district. Any use or development that is determined to be consistent with the General Plan of the city may be approved in the planned development zoning district, subject to the criteria established in subsection (G)(6) of this section. Development plans shall be approved either through an administrative planned development permit, in compliance with subsection (G)(1) of this section, or by City Council resolution or ordinance, in compliance with subsection (G)(9) of this section. In order to aid the City Council in adoption of a resolution or ordinance, the planning commission shall also hold a public hearing and shall transmit its findings and recommendations by resolution to the City Council. Establishment of a liquor establishments or a liquor store shall require approval of a conditional use permit pursuant to the requirements of Chapter 21.46, (Conditional Use Permits). E. Design guidelines. In its review of development projects, the decision-making body shall take into consideration any relevant design guidelines that have been adopted by the city. F Prohibited uses in the P-D (Planned Development) zoning district. The following uses are prohibited: 1. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 2. Any use inconsistent with state or federal law. G. ~. Establishing the P-D zoning district. 1. Unless initiated by the city, an application for a zone change to a P-D zoning district for a specific parcel or area shall include a development plan. 2. The city may initiate a zone change to a P-D zoning district for a specific parcel or area, without providing a development plan, when the purpose of the zone change is determined to serve the best interests of the city. H. 6: Permit required. Unless otherwise specified in this chapter, no use or structure shall be constructed, created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning district unless and until a planned development permit or an administrative planned development permit has been approved. An administrative planned development permit shall be processed through the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). An application for an administrative planned Deleted text stricken/Added text bold and underlined Exhibit A Page 2 development permit shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and elevations and any other data/materials identified in the community development department application for an administrative planned development permit. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is the responsibility of the applicant to establish the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter 21.62, (Appeals). 1. Administrative planned development permit required. An administrative planned development permit approved by the community development director shall be required for the following: a. The establishment of a new use in an existing building when no development plans are required (excluding the establishment of a liquor establishment or liquor store that requires the approval of a conditional use permit); b. Anew single-family home or an addition to asingle-family home on an existing lot with only one single-family residence on the lot; c. Additions, remodels and facade improvements to commercial and industrial buildings. In the case of an addition, the addition shall be less than ten percent of the existing gross floor area or five thousand square feet, whichever is less. d. New and existing late-night activities pursuant to Section 21.58.040(6)(3) (Nonconforming uses). 2. Planned development permit required. A planned development permit reviewed by the planning commission and approved by the City Council shall be required for all projects that are not covered by the approval of an administrative planned development permit, as provided above. 3. Modification of a planned development permit. a. Minor modification. The community development director may approve a minor modification to a previously approved planned development permit when the change/modification does not add additional building square footage or substantially alter the design or specifications approved by the site plan. The community development director may request that a minor modification be reviewed by the planning commission. b. Major modification. A modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the City Council. 4. Application Filing and Contents. a. Application for a planned development permit or modification to a planned development permit shall be filed with the community development department. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. b. The community development director shall prescribe the form of the application and data and information to be filed with the application. c. A development plan shall be required to accompany the application. d. If development is to be carried out in stages, each stage shall be shown on a master plan of development. Deleted text stricken/Added text bold and underlined Exhibit A Page 3 e. The development plan shall: (1) Indicate the site location and planning of all structures and open spaces to show that the development will be compatible with the general plan and will aid in the harmonious development of the immediate area; (2) Include proposed structures with elevations which show appearance and materials of exterior walls, fences or walls used for screening or separation, design of ingress and egress, landscaping, and off-street parking and loading facilities; and (3) Include a development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion. f. The planning commission or City Council may also require other information that it considers necessary to properly evaluate the project. 5. Consideration in Review of Applications. The community development director, the site and architectural review committee, the planning commission, and the City Council shall consider the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application: a. Considerations relating to site circulation, traffic congestion, and traffic safety: (1) The effect of the site development plan on traffic conditions on abutting streets, (2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways, (3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion, (4) The location, arrangement, and dimensions of truck loading and unloading facilities, (5) The circulation patterns within the boundaries of the development, and (6) The surfacing and lighting of the off-street parking facilities; b. Considerations relating to landscaping: (1) The location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development, (2) The planting of groundcover or other surfacing to prevent dust and erosion, and (3) The preservation of existing healthy trees; c. Considerations relating to structure and site lay-out: (1) Consideration of the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood, (2) Consideration of exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street, and (3) Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 6. Approval Criteria. The review authority shall approve the application if it finds that all of the following criteria have been established: Deleted text stricken/Added text bold and underlined Exhibit A Page 4 a. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; b. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; c. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and d. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 7. Additional Approval Criteria for Late Night Activities. Prior to approving an administrative planned development permit for any late-night activity, the reviewing authority shall first find all the following conditions, in addition to those findings identified in subsection (G)(6) of this section, are satisfied. a. Not Create a Nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; b. Not Disturb the Neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that may be caused by the late-night establishment. 8. Action by the Site and Architectural Review Committee. The site and architectural review committee shall review all development plans (except those approved by the administrative planned development permit in compliance with subsection (G)(1) of this section) and shall make reports and recommendations on each application to the planning commission. 9. Action by the Planning Commission. a. The planning commission shall hold a public hearing on a planned development permit application. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. Following close of the public hearing, the planning commission shall report its findings and recommendations to the City Council by resolution. c. The planning commission may recommend approval of the proposed development if it finds that all of the following criteria set forth in subsection (G)(6) of this section have been satisfied (with regard to the elements identified in subsection (G)(5) of this section). d. In recommending approval, the planning commission may also recommend conditions of approval as it deems reasonable and necessary under the circumstances to carry out the intent of this chapter and the general plan. e. The planning commission may also recommend time limits within which the conditions of approval shall be fulfilled and the proposed development started and completed. 10. Action by the City Council. a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of this section, the City Council shall render its decision by resolution after conclusion of the public hearing. Deleted text stricken/Added text bold and underlined Exhibit A Page 5 c. The City Council shall render its decision by ordinance after conclusion of the public hearing for the following types of projects: (1) The project is proposed for development on a site of more than two gross acres in total area; (2) The project consists of the construction of more than twenty thousand square feet of gross floor area; or (3) The project involves the construction of more than twenty residential units. d. The City Council shall render its decision after conclusion of the public hearing. The City Council shall approve the proposed development if it finds that all of the criteria set forth in subsection (G)(6) of this section have been satisfied with regard to the elements identified in subsection (G)(5) of this section. e. In approving the application, the City Council may require conditions as it deems reasonable, necessary, and appropriate to secure the purposes of this Zoning Code and the general plan, and may require guarantees and evidence that the conditions are being or will be complied with. f. The City Council may impose time limits within which the conditions shall be fulfilled and the proposed development started and completed. 11. Notification of decision. The secretary of the planning commission shall give written notification of the decision of the community development director and/or the planning commission, and the city clerk shall provide written notification of the City Council's decision to the applicant. In the case of approval, the notification shall include all conditions of approval. 12. Right of appeal. Any person aggrieved by the decision of the community development director and/or planning commission may appeal within ten days of the date of decision in compliance with Chapter 21.62, (Appeals). 13. Expiration, extension and reinstatement. a. Unless otherwise approved, within twenty-four months from the date approval is granted, a building permit shall be obtained or the approval shall be void. b. The decision-making body may extend the expiration date or reinstate an expired approval in conformance with Chapter 12.56, (Permit Implementation, Time Limits and Extensions). (Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004). *** 21.42.020 Site and architectural review permit required. A. Planning Commission site bite and architectural review permit required. No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property in any zoning district until a site and architectural review permit is approved by the Planning Commission, A;',--~u:e: °+r„^+„r°°--a~ ^",~s---+ssu°~' ~~+° '"~' except as identified in subsections B and C of this section. B. Administrative site and architectural review permit required. An administrative site and architectural review permit shall be required for the following: 1. Stealth wireless telecommunication facilities, pursuant to the requirements of Chapter 21.34, (Wireless Telecommunications Facilities); Deleted text stricken/Added text bold and underlined Exhibit A Page 6 2. Properties located in the R-1-6 zoning district that are subject to the San Tomas area neighborhood plan for: a. r~~--r~T°~~_fomil,i r°~„~°c;;o` Construction of a building or structure on an undeveloped lot, b. r°°°',~,~;se, Additions to the existing main residence, except additions that exceed .45 FAR which would require a full site and architectural review permit by the Planning Commission. c. The conversion of attic space to living area on an existing single-story single-family residence, and d. The removal or reconstruction of more than fifty percent of the exterior walls of an existing single-family residence. C. Exceptions to site and architectural review permit process. No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any property listed below until the proposed project is found to meet the requirements of the applicable zoning district regulations and a zoning clearance is issued, pursuant to Chapter 21.40, (Zoning Clearances): I. Properties located in the R-1-6 (Single-Family Residential) zoning district that are not subject to the San Tomas area neighborhood plan; 2. Properties located in the R-D (Two-Family District) zoning district; and 3. Minor additions or alterations to existing structures and minor changes in plans that have previously been approved by the planning commission, provided that these minor changes are limited to modification in the plot plan and elevations that will not substantially change the overall appearance, character, and scale of the proposed development. (Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).