CC Ordinance 2278 - Extending SB9 Urgency MeasuresORDINANCE NO. 2278
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
EXTENDING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 9 TO ALLOW
FOR TWO -UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICTS. (FILE NO. PLN-2021-187)
WHEREAS, on September 16, 2021, the Governor of the State California signed into
law Senate Bill No. 9 (Atkins), "An act to amend Section 66452.6 of, and to add Sections
65852.21 and 66411.7 to, the California Government Code, relating to land use," which
requires ministerial approval of a housing development of no more than two units in a single-
family zone (proposed housing development), the subdivision of a parcel zoned for residential
use into two parcels (urban lot split), or both.
WHEREAS, certain zoning and subdivision standards of the City of Campbell Zoning
and Subdivision Codes, respectively, and their permitting procedures are inconsistent with
the proposed housing developments and urban lot splits authorized by Senate Bill No. 9.
WHEREAS, the provisions of Senate Bill No. 9 went into effect on January 1, 2022,
and without locally codified objective design standards and implementation procedures, the
law presented a current and immediate threat to the public peace, health, safety, and welfare,
in that certain existing zoning and subdivision standards are in conflict with Senate Bill No. 9
and could create confusion and hinder the development of the additional residential units
enabled under Senate Bill No. 9.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to
adopt urgency measures as an interim ordinance.
WHEREAS, pursuant to Section 65852.210) and Section 66411.7(n) of the
Government Code, a local agency may adopt an ordinance to implement Senate Bill No. 9.
WHEREAS, on December 7, 2021, the City Council adopted an interim ordinance
(Ordinance No. 2277) to approve urgency objective zoning standards, objective subdivision
standards, and objective residential design standards as to allow for orderly housing
development and subdivision of land as authorized by Senate Bill No. 9 while protecting the
public peace, health, safety, or welfare in the City of Campbell.
WHEREAS, it was not the intent of the interim ordinance to adopt permanent
standards to govern the development of single-family zoned properties. The City Council
reserves the right to adopt permanent standards consistent with Senate Bill No. 9 that will
supersede those contained in this interim ordinance.
WHEREAS, it was not the intent of the interim ordinance to deny approvals needed for
the development of projects with a significant component of multifamily housing.
WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may
extend the interim ordinance for 10 months and 15 days after public notification and following
a public hearing.
WHEREAS, in light of the foregoing findings, the City Council finds that there is a
continuing and immediate threat to the public health, safety, or welfare, and that the approval
of additional subdivisions, use permits, variances, building permits, or any other applicable
entitlement for use which is in conflict with this ordinance would result in that threat to public
health, safety, or welfare.
WHEREAS, adoption of this ordinance is not a project under the California
Environmental Quality Act (CEQA) pursuant to California Government Code Section
65852.210) and Section 66411.7(n) relating to implementation of Senate Bill No. 9.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
the ordinance. The City Council hereby declares that it would have passed this ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 2 (REPEAL): If Senate Bill No. 9 is repealed or otherwise rescinded by the
California State Legislature or by the People of the State of California, this ordinance shall
cease to be in effect.
SECTION 3 (PUBLICATION): The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its adoption
in accordance with Government Code Section 36933.
SECTION 4 (APPLICABILITY): The interim ordinance shall apply to any land use or
subdivision proposal submitted on or after January 1, 2022 pursuant to Senate Bill No. 9.
SECTION 5 (EFFECTIVENESS) : Ordinance No. 2277 is hereby extended to October 1, 2022
or until it is repealed by the City Council, whichever comes first
PASSED AND ADOPTED this 1 st day of February, 2022 by the following roll call vote:
AYES: Councilmembers: Gibbons
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
( D lc-j-o'�-)--�
Dusty Christopherson, City Clerk
Lopez, Landry, Bybee, Resnikoff
APPROVED:
Paul Resnikoff, Mayor
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