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CC Ordinance 2129ORDI BEING AN ORDINANCE OF TI- CAMPBELL APPROVING A TE AMEND THE CAMPBELL ZONIN AND ARCHITECTURAL REVIEW 21.42.020) THAT WILL ACHIE' TOMAS AREA NEIGHBORHC DEVELOPMENT ZONING DISTR TEXT THAT IS CURRENTLY IN THE PROVISIONS. FILE NO: PL CE NO. 2129 E CITY COUNCIL OF THE CITY OF XT AMENDMENT (PLN2010-67) TO ~ ORDINANCE PERTAINING TO SITE / PERMIT REQUIREMENTS (CMC § /E CONSISTENCY WITH THE SAN OD PLAN, AND THE PLANNED ICT (CMC § 21.12.030) TO CORRECT CONSISTENT WITH THE INTENT OF X2010-67 After notification and public hearing, as ~pecified by law and after presentation by the Community Development Director, propo ents and opponents, the hearing was closed. After due consideration of all evidenc~ presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: Sections 21.42.020 a d 21.12.030 of the Campbell Municipal Code are hereby amended to read as set forth n Exhibit A. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be pu lished, one time within fifteen (15) days upon passage and adoption in the Campbell xpress, a newspaper of general circulation in the City of Campbell, County of Santa CI ra. PASSED AND ADOPTED this , s,- call vote: of ,7nnP , 2010, by the following roll AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APP towski, Kennedy, Furtado, Baker, Low ne e e ED C~ 2~ Evan D. Low, Mayor ATTEST: ""'" ~" nne Bybee, City Clerk Deleted text stricken/Added text bold and erlined Exhibit A Page 1 21.12.030 P-D (Planned Development) zoi A. Purpose. The P-D zoning distric is not available in other zoning districts so < with site characteristics while creating an o design. The zoning district allows within its combination of uses or types of uses or typ be in conformance with the underlying land intent of the P-D zoning district to allow mo allowed by other residential zoning districts Plan. ling district. is intended to provide a degree of flexibility that s to allow developments that are more consistent ~timum quantity and use of open space and good Boundaries a use or development, or a ;s of developments, that is (are) determined to use designation of the General Plan. It is not the ~e residential units than would normally be which are deemed consistent with the General B. General Plan. The P-D zoning d~strict is consistent with the underlying land use designation of the General Plan. C. San Tomas area. San Tomas ar herein by reference. The San Tomas neigh properties within the boundaries of the San of the San Tomas area is maintained at the case of conflict between the San Tomas ar~ contained in this chapter, the policies of the prevail. :a neighborhood plan policies are incorporated ~orhood area plan policies shall only apply to Tomas area. The map outlining the boundaries community development department. In the :a neighborhood plan policies and requirements San Tomas area neighborhood plan shall D. Allowable uses in the P-D zonin district. Any use or development that is determined to be consistent with the Gener I Plan of the city may be approved in the planned development zoning district, subje t to the criteria established in subsection (G)(6) of this section. Development plans shall be approved either through an administrative planned development permit, in compliant with subsection (G)(1) of this section, or by City Council resolution or ordinance, in complia ce with subsection (G)(9) of this section. In order to aid the City Council in adoption of a reso ution or ordinance, the planning commission shall also hold a public hearing and shall tr nsmit its findings and recommendations by resolution to the City Council. Establishme t of a liquor establishments or a liquor store shall require approval of a conditional use permi pursuant to the requirements of Chapter 21.46, (Conditional Use Permits). E. Design guidelines. In its review f development projects, the decision-making body shall take into consideration any relev nt design guidelines that have been adopted by the city. F. Prohibited uses in the P-D PI nned Develo ment zonin district. The following uses are prohibited: 1. Any business that include smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 2. Any use inconsistent with tate or federal law. G. ~. Establishing the P-D zoning istrict. 1. Unless initiated by the tit , an application for a zone change to a P-D zoning district for a specific parcel or area hall include a development plan. 2. The city may initiate a zon e change to a P-D zoning district for a specific parcel or area, without providing a develop ent plan, when the purpose of the zone change is determined to serve the best interests of he city. H. 6: Permit required. Unless othe ise specified in this chapter, no use or structure shall be constructed, created, enl rged, erected, established, installed, maintained, or placed within a P-D zoning district unles and until a planned development permit or an administrative planned development permit has been approved. An administrative planned Deleted text stricken/Added text bold and underlined Exhibit A Page 2 development permit shall be processed thr ugh the administrative decision process as prescribed in Chapter 21.71, (Administrativ Decision Process). An application for an administrative planned development permi shall be filed with the community development department in compliance with Chapter 21. 8, (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/ma erials identified in the community development department application for an administrativ 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 establi h the findings required by this section. The decision by the community development di ector may be appealed as prescribed in Chapter 21.62, (Appeals). 1. Administrative planned d velopment permit required An administrative planned development permit approved by t required for the following: a. The establishment development plans are required (excluding liquor store that requires the approval of a c b. Anew single-family an existing lot with only one single-family rE c. Additions, remodel: industrial buildings. In the case of an additic the existing gross floor area or five thousan d. New and existing I~ 21.58.040(6)(3) (Nonconforming uses). 2. Planned development per reviewed by the planning commission and all projects that are not covered by the apps permit, as provided above. 3. Modification of a planned a. Minor modification. approve a minor modification to a previous) the change/modification does not add addit alter the design or specifications approved director may request that a minor modificati b. Major modification. that proposes to add additional square foot; specifications approved by the site plan shy approved by the City Council. 4. Application Filing and Cor a. Application for a ply planned development permit shall be filed v applications shall be accompanied by a filin resolution. community development director shall be ~f a new use in an existing building when no he establishment of a liquor establishment or ~nditional use permit); home or an addition to asingle-family home on ~idence on the lot; and facade improvements to commercial and ~, the addition shall be less than ten percent of square feet, whichever is less. e-night activities pursuant to Section pit required. A planned development permit proved by the City Council shall be required for val of an administrative planned development levelopment permit. The community development director may ~ approved planned development permit when onal building square footage or substantially ~y the site plan. The community development ~n be reviewed by the planning commission. A modification to a planned development permit ige or substantially alter the design or II be reviewed by the planning commission and nned development permit or modification to a ith the community development department. All ~ fee in compliance with the City Council's fee b. The community de elopment director shall prescribe the form of the application and data and information to be f led with the application. c. A development pla shall be required to accompany the application. d. If development is t be carried out in stages, each stage shall be shown on a master plan of development. Deleted text stricken/Added text bold and underlined e. The development I (1) Indicate the open spaces to show that the development aid in the harmonious development of the i. (2) Include pro appearance and materials of exterior walls, design of ingress and egress, landscaping, (3) Include a d which construction of the project is to begir f. The planning comrr information that it considers necessary to p 5. Consideration in Review c director, the site and architectural review cc Council shall consider the following matter determine if the project meets the criteria o' a. Considerations rely traffic safety: (1) The effect c on abutting streets, (2) The layout dimensions of vehicular and pedestrian ent (3) The arrange facilities to prevent traffic congestion, (4) The locatioi and unloading facilities, Exhibit A Page 3 plan shall: site location and planning of all structures and will be compatible with the general plan and will nmediate area; posed structures with elevations which show fences or walls used for screening or separation, and off-street parking and loading facilities; and :velopment schedule indicating the latest date on and the anticipated date of completion. fission or City Council may also require other -operly evaluate the project. f Applications. The community development mmittee, the planning commission, and the City in addition to others deemed necessary to this section, in their review of the application: ting to site circulation, traffic congestion, and the site development plan on traffic conditions the site with respect to locations and nces, exit driveways, and walkways, Went and adequacy of off-street parking arrangement, and dimensions of truck loading (5) The circulation patterns within the boundaries of the development, and (6) The surfacii b. Considerations rely (1) The locatioi and screen plantings to ensure harmony wi~ areas, utility installations, and other unsight (2) The planting dust and erosion, and fig and lighting of the off-street parking facilities; ling to landscaping: i, height, and material offences, walls, hedges, h adjacent development or to conceal storage y aspects of the development, I of groundcover or other surfacing to prevent (3) The prese ation of existing healthy trees; c. Considerations rata ing to structure and site lay-out: (1) Considerati n 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) Considerati n of exterior design in relation to adjoining structures in terms of area, bulk, height, op Wings, and breaks in the facade facing the street, and (3) Considerati proposed uses in relation to the adjacent u: 6. Approval Criteria. The rev finds that all of the following criteria have bE ~n of the appropriateness and compatibility of the ~s and the area as a whole. ;w authority shall approve the application if it 'n established: Deleted text stricken/Added text bold and underlined Exhibit A Page 4 a. The proposed dev lopment or uses clearly would result in a more desirable environment and use of land tha would be possible under any other zoning district classification; b. The proposed dev lopment would be compatible with the general plan and will aid in the harmonious develo ment of the immediate area; c. The proposed dev lopment will not result in allowing more residential units than would be allowed by ther residential zoning districts which are consistent with the general plan designatio of the property; and d. The proposed dev lopment would not be detrimental to the health, safety or welfare of the neighborhood or of he city as a whole. 7. Additional Approval Criter a 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 Nuis nce. The establishment will not create a nuisance due to litter, noise, traffic, vandali m or other factors; b. Not Disturb the Nei hborhood. The establishment will not significantly disturb the peace and enjoyme nt of the nearby residential neighborhood; and c. Proposed condition s 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 Ar hitectural 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 re ommendations on each application to the planning commission. 9. Action by the Planning Co mission. a. The planning com ission shall hold a public hearing on a planned development permit application. The hearin shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. Following close oft a public hearing, the planning commission shall report its findings and recommendations to he City Council by resolution. c. The planning com ission may recommend approval of the proposed development if it finds that all aft a following criteria set forth in subsection (G)(6) of this section have been satisfied (with reg rd to the elements identified in subsection (G)(5) of this section). d. In recommending a proval, the planning commission may also recommend conditions of approval as it de ms reasonable and necessary under the circumstances to carry out the intent of this hapter and the general plan. e. The planning com ission may also recommend time limits within which the conditions of approval shalt be ful filled and the proposed development started and completed. 10. Action by the City Counc I. a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter for public hearing efore the City Council. The hearing shall be noticed in compliance with Chapter 21.64, ( ublic 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 c. The City Council sl conclusion of the public hearing for the folk (1) The projecl than two gross acres in total area; (2) The projecl thousand square feet of gross floor area; of (3) The project residential units. d. The City Council sl public hearing. The City Council shall apprc the criteria set forth in subsection (G)(6) of elements identified in subsection (G)(5) of t e. In approving the a~ as it deems reasonable, necessary, and ap Code and the general plan, and may requir~ are being or will be complied with. f. The City Council m~ shall be fulfilled and the proposed develapn 11. Notification of decision. l give written notification of the decision of th planning commission, and the city clerk she decision to the applicant. In the case of app of approval. 12. Right of appeal. Any per; development director and/or planning comn decision in compliance with Chapter 21.62, 13. Expiration, extension anc a. Unless otherwise a approval is granted, a building permit shall I b. The decision-makin reinstate an expired approval in conformanc Time Limits and Extensions). (Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(p § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part 21.42.020 Site and architectural review pE A. Planning Commission site fit or structure shall be constructed, created, on any property in any zoning district until by the Planning Commission, AEI-t~s~ except as identified i B. Administrative site and architects and architectural review permit shall be req~ 1. Stealth wireless telecomrr of Chapter 21.34, (Wireless Telecommunic~ erlined Exhibit A Page 5 all render its decision by ordinance after wing types of projects: is proposed for development on a site of more consists of the construction of more than twenty involves the construction of more than twenty gall render its decision after conclusion of the ve the proposed development if it finds that all of his section have been satisfied with regard to the its section. plication, the City Council may require conditions ~ropriate to secure the purposes of this Zoning guarantees and evidence that the conditions impose time limits within which the conditions :nt started and completed. e secretary of the planning commission shall community development director and/or the provide written notification of the City Council's rval, the notification shall include all conditions on aggrieved by the decision of the community fission may appeal within ten days of the date of Appeals). reinstatement. proved, within twenty-four months from the date e obtained or the approval shall be void. t body may extend the expiration date or with Chapter 12.56, (Permit Implementation, irt), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 2004). *** nit required. and architectural review permit required. No use ~larged, erected, installed, maintained, or placed site and architectural review permit is approved ~ subsections B and C of this section. ral review permit required. An administrative site fired for the following: .~nication facilities, pursuant to the requirements lions Facilities); Deleted text stricken/Added text bold and nderlined 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• Construction of a building or structure on an undeveloped lot b. ~:s~dense, Additions to the existin ain residence exce t additions that exceed .45 FAR which would re uire a full site n architectural review ermit b the Plannin Commission. c. The conversion of attic space to living area on an existing single- story single-family residence, and d. The removal or r construction of more than fifty percent of the exterior walls of an existing single-family re idence. C. Exceptions to site and ar hi ectural review ermit rocess. No use or structure shall be constructed, created, a larged, erected, installed, maintained, or placed on any property listed below until the prop sed project is found to meet the requirements of the applicable zoning district regulations nd a zoning clearance is issued, pursuant to Chapter 21.40, (Zoning Clearances): I. Properties located in the -1-6 (Single-Family Residential) zoning district that are not subject to the San Tomas area eighborhood plan; 2. Properties located in the -D (Two-Family District) zoning district; and 3. Minor additions or alterati ns to existing structures and minor changes in plans that have previously been approved y the planning commission, provided that these minor changes are limited to modificatio in the plot plan and elevations that will not substantially change the overall appear nce, character, and scale of the proposed development. (Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 20 3 § 1 (part), 2004). F • ~A,y~ MEMORANDUM ~~ °~~ CITY OF CAMPBELL ~F. ~-~ City Clerk's Office Fciinuv To: Sharon Teeter, Housing oordinator Date: June 4, 2010 From: Wendy Wood, Deputy Cit Clerk Subject: Application for Funding under the Building Growth in Neighborhoods (BEGAN Program At its regular meeting of June 1, 2010, the City Council adopted resolution 11167 authorizing the submittal of an applica ion to the State Department of Housing and Community Development (HCD) for $2 256,000 in BEGIN funds for the development of the 40-unit housing development pr posed at 511 & 555 W. Campbell Avenue (former water district site). A certified copy of resolution 11167 is ~ttached for departmental records. RESOLUTI AUTHORIZES THE SUBMITTAL OF NO. 11167 APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND CaM~UNITY DEVELOPMENT FOR FUNDING UNDER THE BUILDING GROWTH IN NEIGHBO HOODS (BEGIN) PROGRAM, THE EXECUTION OF A STANDARD AGREEMENT IF ELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND AN RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM WHEREAS, the City of Campbell, a political subdivision of the State of California, wishes to apply for and receive an allocatio of funds through the BEGIN Program; and WHEREAS, California Department issued a Notice of Funding Availability (NC 14.5 Sections 50860 through 50866 of Par "statute". Pursuant to the statute, HCD is monies made available by the State Legisl amended by HCD on 05/21 /07; and Housing and Community Development (HCD) has A) for the BEGIN Program established by Chapter 2 of Division 31 of the Health and Safety Code the authorized to approve funding allocations utilizing Cure to the BEGIN Program Guidelines adopted as WHEREAS, the City of Campbell desires to re-submit a Streamlined application to obtain from HCD a maximum allocation pf EGIN Program funds in the amount of $2,256,000. IT IS NOW THEREFORE RESOD HCD an application to participate in the B April 20, 2010 which will request a funding 555 W. Campbell Avenue, Campbell, Califc • $1,128,000 for 12 low income units • $1,128,000 for 12 moderate inc homebuyers. .D THAT (1) the City of Campbell shall submit to GIN Program in response to the NOFA issued on location for the following activities located at 511 & iia: affordable housing for first time homebuyers me units of affordable housing for first time (2) If the application for funding is appi-ov d, the City of Campbell hereby agrees to use the BEGIN Program funds for eligible activiti s in the manner presented in the application as approved by HCD and in accordance with rogram guidelines cites above. It also may execute any and all other instruments necessary r required by HCD for participation in the BEGIN Program. (3) The City of Campbell authorizes Da~ni I Rich, City Manager to execute in the name of the City of Campbell, the application, the Stand rd Agreement, and all other documents required by HCD for participation in the BEGIN Progra ,and any amendments thereto. PASSED AND ADOPTED this ~ d y of June, 2010, by the following vote: AYES: Councilmembers: K towski, Kennedy, Furtado, Baker Low NOES: Councilmembers: ABSTAIN: Councilmembers ABSENT: Councilmembers Anne Byb e, City Clerk one one one '~~" Evan D. Low, Mayor