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PC Res 3036RESOLUTION NO. 3036 BEING A KESOLUTION OF THE PLANNING COMMIS SION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE ZONING ORDINANCE (PER EXHIBIT #1) TO REQUIRE GREATER SIDEYARD SETBACKS FOR CORNER RESIDENTIAL LOTS. FILE NO. TA 96-01. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Hanning Commission did find as follows with respect to application TA 96-01: This proposed text amendment is consistent with the General Plan and the purposes of providing adequate residential setbacks on comers. The proposed amendment will require desirable building setbacks on comer lots to ensure adequate light, air and recreational areas. The proposed text amendment will ensure adequate sight visibility at comers to improve traffic safety. 4. The proposed text amendment will not have a si~ificant effect on the environment. The proposed text amendment will not have a significant effect on plant and ~nimal life or resources. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed text amendment will require a more desirable setback for residential buildings on comer lots. The increased side yard setback will aid in the harmonious development of the community. The increased setback will not be detrimental to the health, safety or welfare of the city Planning Commission Resolution No. 3036 TA 96-01 - Sideyard Setbacks Page 2 4. The proposed setback permits a reasonable building area for comer residential lots. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. PASSED AND ADOPTED this 23rd day of July, 1996, by the following roll call vote: AYES: COMMISSIONERS: Alne, Gibbons, Keams, Lindstrom, Lowe, Meyer-Kennedy NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Jones ///~,~/ ~ Exhibit # 1 Recommended Amendments: New language shown in italics. Add: Chapter 21.55 Residential Setbacks and Open Space 21.55.030 Side yard setback. Unless otherwise provided in this title, a minimum side yard of the greater of five feet, or one-half the height of the building wall adjacent to the property line, shall be maintained on all residentially zoned lots, except that corner lots shall maintain a minimum street side yard setback of 12 feet from the building wall to the street property line. Replace: Existing Section 21.64.060 Exceptions to Non-Conforming Buildings 21.64.60 21.64.050 Exceptions. A..4 building or structure that fails to meet the setback that fails to meet the setback requirements for the district in which it is located may be added to or enlarged in conformance with the following criteria: 1. The building or structure was lawfully constructe& 2. The addition or enlargement is limited to the first floor; 3. The addition or enlargement does not decrease the existing setbacks 4. Any upper story additions comply with the current setback requirements; and The decision maker of the Site and Architectural review of the addition or enlargement finds that the addition or enlargement fincls that the addition or enlargement finds that the addition or enlargement will not be detrimental to the public health, safety or general welfare of persons residing in the neighborhood. San Tomas Neighborhood Plan - Land Use Policies - Section B: Setbacks Add: Corner Lots. A minimum street side yard setback of 12feet shah be provided on corner lots.