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Interim Ordinance 12/15 2021PROOF OF PUBLICATION (2015.5 c. c. p.) PROOF OF PUBLICATION State of California County of Santa Clara 1 am a citizen of the United States and a resident of the State of California: 1 am over the age of I8 years, and not party to or interested in the above -entitled matter. 1 am the principal clerk of the printer of Metro Silicon Valley's Weekly Newspaper, 380 South First Street, San Jose, California 95113 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the State of California by the Superior court of the county of Santa Clara, State of California, on April 7, 1988, Case No. 651274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates to with: December 15 - 2021 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: December 15, 2021 At San Jose, California y <;2 Dave Miller Filing Stamp s *' Ordinance No.2277 BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL \YL OF THE CITY OF CAMPBELL ADOPTING 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) N L� WHEREAS, on September 16, 2021, the Governor of the �; State California signed into law Senate Bill No. 9 (Atkins), LU m "An act to amend Section 66452.6 of, and to add Sections M 65852.21 and 66411.7 to, the California Government Code, w relating to land use;' which requires ministerial approval = w of a housing development of no more than two units in a o single-family zone (proposed housing development), the subdivision of a parcel zoned for residential use into two E parcels (urban lot split), or both. cr u > WHEREAS, certain zoning and subdivision standards 4' of the City of Campbell Zoning and Subdivision Codes, ro respectively, and their permitting procedures are c inconsistent with the proposed housing developments and o urban lot splits authorized by Senate Bill No. 9. o WHEREAS, the provisions of Senate Bill No. 9 shall be in effect on January 1, 2022, and without locally a codified objective design standards and implementation E procedures, the law presents a current and immediate threat to the public peace, health, safety, and welfare, in E that certain existing zoning and subdivision standards are u in conflict with Senate Bill No.9 and could create confusion ai and hinder the development of the additional residential p units enabled under Senate Bill No. 9. G ro WHEREAS, pursuant to Section 65858 of the Government _ Code and Section 21.60.090 of the Campbell Municipal E Code, the City Council may take appropriate action to adopt O urgency measures as an interim ordinance. v y WHEREAS, pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code, a local agency may ro adopt an ordinance to implement Senate Bill No. 9. 0 t WHEREAS, this interim ordinance adopts interim urgency E 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 is not the intent of this 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 is not the intent of this interim ordinance to deny approvals needed for the development of projects with a significant component of multifamily housing. WHEREAS, in light of the foregoing findings, the City Council further finds that there is a current 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 interim ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) 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(PURPOSE): This interim ordinance establishes interim exceptions to the Zoning Code to allow proposed housing developments and urban lot splits as specified by California Government Code Sections 66452.6, 65852.21, and 66411.7, as adopted and amended by Senate Bill No. 9. The provisions of this interim ordinance shall supersede any other provision to the contrary in the Zoning Code or Subdivision Code. Zoning standards and design review standards provided for in the Zoning Code that are not affected by this interim ordinance shall remain in effect. It is not the intent of this interim ordinance to override any lawful use restrictions as may be set Forth in Conditions, Covenants, and Restrictions (CC&Rs) of a common interest development. SECTION 2 (APPLICABILITY): This interim ordinance is applicable only to voluntary applications for proposed housing developments and urban lot splits. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code and Subdivision Code. Development applications that do not satisfy the definitions for a proposed housing development or an urban lot split provided in Section 3 (Definitions) shall not be subject to this interim ordinance. SECTION 3 (DEFINITIONS): In addition to the terms defined by Article 6 (Definitions) and Section 21.23.120 (Definitions), the following terms shall have the following meanings as used in this this interim ordinance. Where a conflict may exist, this Section shall prevail over any definition provided in the Zoning Code: "Acting in concert" means persons, as defined by Section 82047 of the Government Code as that section existed on the date of the adoption of this interim ordinance, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest; "Addition' means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area, "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure; "Building" means any structure having a roof supported by columns or walls and intended for any shelter, housing or enclosure of any individual, animal, process, equipment, goods, use, occupancy, or materials. When any portion of a structure is completely separated from every other portion of the structure by a masonry division or firewall without any window, door or other opening and the masonry division or firewall extends from the ground to the upper surface of the roof at every point, such portion shall be deemed to be a separate building; "Entry feature" means a structural element, which leads to an entry door; "Existing non -livable space(s)" and "portions of existing multifamily dwelling structures that are not used as livable space" as referenced in Section 21.23.050 of the Zoning Code and Section 65852.2(e)(1)(C) of the Government Code, respectively, refers to storage rooms, boiler rooms, passageways, attics, basements, garages, carports, and similar spaces that are located within or a part of existing multifamily dwelling structures that received a certificate of occupancy prior to January 1, 2022"Existing structure" means a lawfully constructed building that received final building permit clearance prior to January 1, 2022 and which has not been expanded on or after January 1, 2022; "Lot types" means "corner lot, "interior lot;' flag lot;' "double frontage lot," 'reversed corner lot;' and "key lot" as depicted in Figure 1-1 (Lot Types and Yards), below. A .cul-de-sac lot" is a lot located along the curved terminus formed by the bulb of a cul-de-sac street, as depicted by Figure Lot 1-2 (Cul-de-Sac Lots). Any other lot type not defined herein shall be considered an "irregular lot'; Figure 1-1- Lot Types and Yards ca-w, ca,narW� iar«w+ I la _ D-W koo "Wt r,T­n All - xa. w Kayla Rani Yard s" Sde Yard $9rdaFsbe YaM Figure 1-2-Cul-de-Sac Lots GWUe-Sac C:id-tx-soc W Lot Bulb [Front Yard [y Side Yard \�NNIM11 Rear Yard "Natural grade" means the average existing elevation of datum points located at each corner of a proposed primary dwelling unit, measured in feet above mean sea level (AMSQ; "Neighborhood plan" means both the San Tomas Area Neighborhood Plan and the Campbell Village Area Neighborhood Plan, as applicable; "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards; "Proposed housing development" means an application proposing no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Section 65852.21 of the California Government Code. A proposed housing development shall consist of either the construction of two new primary dwelling units, one new primary dwelling unit and retention of one existing primary dwelling unit, or retention of two existing legal non -conforming primary dwelling units where one or both units are subject to a proposed addition or alteration. A proposed housing development may also consist of one new or existing primary dwelling unit and an accessory dwelling unit(s) and/or a junior accessory dwelling unit located on a new parcel created from an urban lot split; "Public transportation" means a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; "Single-family residential zone" means an R-1(Single- family) zoning district as specified by Chapter 21.08 (Residential zoning districts) of the Zoning Code; "Subdivision code" means Title 20 of the Campbell Municipal Code; "Urban lot split" means a ministerial application for a parcel map to subdivide an existing parcel located within a single- family residential zone into two parcels, as authorized by Section 66411.7 of the Government Code; "Yards" means the open space formed by the required building setbacks, as illustrated by Figure 1-1 and Figure 1-2; "Zoning code" means Title 21 of the Campbell Municipal Code. SECTION 4 (GENERAL ELIGIBILITY): An urban lot split or a proposed housing development may only be created on parcels satisfying all of the following general requirements: A.Zoning District. A parcel that is located within a single- family residential zone; B. Historic Property. A parcel that is not listed on the City of Campbell Historic Resource Inventory, as defined by Chapter 21.33 (Historic Preservation) of the Zoning Code; C. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Code, as applicable at the time the parcel was created. The city engineer may require a certificate of compliance to verify conformance with this requirement; D. Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use; E. Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-yearflood) on the official maps published by the Federal Emergency Management Agency unless a Letter of Map Revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 21.22 (Flood Damage Prevention) of the Zoning Code as determined by the floodplain administrator; F. Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2; G. Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species; or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). SECTION 5 (PROPOSED HOUSING DEVELOPMENTS): Proposed housing developments shall comply with the following objective zoning standards, design review standards, and general requirements and restrictions. A.Zoning Standards The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Code or a neighborhood plan, as they pertain to a proposed housing development under Section 65852.21 of the Government Code. Proposed housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by Section E (Exceptions): 1. Air Conditioning Units. Air conditioning units and similar equipment such as generators, heating, and ventilation equipment shall be ground -mounted, screened from public view, and separated from property lines as required by Section 21.18.020 of the Zoning Code; 2. Building Height. Maximum building height shall be as specified by the applicable zoning district and/or a neighborhood plan for the main structure. Building height shall be measured from finished grade except for properties subject to a neighborhood plan which requires maximum building height to be measured from natural grade; 3. Driveways. Each parcel shall include a single driveway satisfying the following requirements: a. A minimum width of 9-feet up to a maximum width of 18-feet; b. A minimum depth of 25-Feet measured from the front property line; c. A minimum 5-foot setback from side property lines, except for flag -lots, and unless a single driveway shared with an adjacent parcel is proposed; d. Entirely paved with either concrete or pavers. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt, are prohibited, as are Hollywood drives; and e. Only a single driveway curb -cut shall be permitted per parcel designed in accordance with the City's Standard Specifications and Details for Public Works Construction. 4. Dwelling Unit Type. The primary dwelling units comprising a proposed housing development may take the form of detached single-family dwellings, attached townhomes, and/or duplexes. A duplex may consist of two dwelling units in a side -by -side or Front -to -back configuration within the same structure or one dwelling unit located atop of another dwelling unit within the same structure; 5. Fencing. All new fencing shall comply with the requirements of Section 21.18.060 of the Zoning Code. Proposed housing developments shall not be eligible for a Fence Exception; 6. Floor Area Ratio and Lot Coverage. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning district and/or a neighborhood plan; 7. Front Yard Paving. No more than fifty percent of the front -yard setback area shall be paved, inclusive of driveways and walkways, irrespective of the permeability of the paving material, IZI 72 1. Adjacent Parcels. Neither the owner of the parcel C.Approval Process being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to Applications for urban lot splits shall be submitted t create an adjacent parcel as provided for in this section; and processed in compliance with the Following 2. Dedication and Easements: The city engineer requirements: Shall not require dedications of rights -of -way nor the o construction of offsite improvements, however, may 1. Application Type. An urban lot split shall be reviewed r require recording of easements necessary for the by the city engineer as a ministerial application for a v provision of public services and facilities; parcel map. A tentative parcel map shall not be required. 3. Existing Structures. Existing structures located on a 2.Concurrent Submittal. A parcel map for an urban ° parcel subject to an urban lot split shall not be subject lot split may not be approved except in conjunction to a setback requirement. However, any such existing with a concurrently submitted application for a zoning m structures shall not be located across the shared clearance pursuant to Section 5 (Proposed Housing ul property line resulting from an urban lot split, unless Developments) of this interim ordinance. Development W the structure is converted to an attached townhome on the resulting parcels is limited to the proposed L:l unit as provided for in Table 1-1 (Setback Requirements, housing development approved by the zoning clearance. - Exception No. 3). All other existing structures shall be 3.Application Filing. An application for a parcel map modified, demolished, or relocated prior to recordation of for an urban lot split, including the required application o a parcel map; materials and filing fee, shall be filed with the public 4.Grading. Grading activity shall not result in a change works department in compliance with Chapter 20.16 f v in elevation (AMSQ of more than 6-inches from natural (Parcel Map Procedures) of the Subdivision Code; grade, as demonstrated by a grading and drainage plan 4.Referral. The city engineer shall refer the parcel map c prepared by a registered civil engineer; application to the community development director, fire o 5. Intent to Occupy. The applicant shall sign an affidavit chief, and utility agencies for review prior to recordation; provided by the community development director 5. Denial. The city engineer may deny an urban lot split attesting that the applicant intends to occupy one of the only if the building official makes a written finding, *, o newly created parcels as their principal residence for a based upon a preponderance of the evidence, that a w minimum of three years from the date of the approval of proposed housing development located on the proposed E the urban lot split. The affidavit shall be recorded on the new parcels would have a specific, adverse impact, as - title of the parcel concurrently with recordation of the defined and determined in paragraph (2) of subdivision parcel map. (d) of Section 65589.5, upon public health and safety o This requirement shall not apply to an applicant that or the physical environment and for which there is no is "community land trust;' as defined in clause (ii) of feasible method to satisfactorily mitigate or avoid the (n subparagraph (C) of paragraph (11) of subdivision (a) of specific, adverse impact; Section 402.1 of the Revenue and Taxation Code, or a 6.Appeals. A decision of the city engineer on a parcel "qualified nonprofit corporation" as described in Section map for an urban lot split is a ministerial action and not 214.15 of the Revenue and Taxation Code, appealable. % - 6.Non-Conforming Conditions. The City shall not E require, as a condition of approval, the correction SECTION 7 (SEVERABILITY): If any section, subsection, o of nonconforming zoning conditions. However, no sentence, clause, or phrase of this interim ordinance is a new nonconforming conditions may result from the for any reason held to be invalid or unconstitutional by > urban lot split other than substandard interior -side a decision of any court of competent jurisdiction, such u and rear setbacks as specified by Table 1-1 (Setback decision shall not affect the validity of the remaining mo Requirements, Exception No. 2); portions of the interim ordinance. The City Council 7. Number of Remaining Units. No parcel created hereby declares that it would have passed this interim E through an urban lot split shall be allowed to include ordinance and each and every section, subsection, more than two existing dwelling units as defined by sentence, clause, or phrase not declared invalid or Government Code section 66411.7(j)(2). Any excess unconstitutional without regard to whether any portion dwelling units that do not meet these requirements shall of the ordinance would be subsequently declared invalid be relocated, demolished, or otherwise removed prior to or unconstitutional. approval of a parcel map; B.Park Impact Fee. A fee in -lieu of parkland dedication SECTION 8 (STATE LAW). Any provision of this interim pursuant to Chapter 20.24 (Park Impact Fees and Park ordinance which is inconsistent with Senate Bill No. Land Dedication Subdivisions) of the Subdivision Code 9 shall be interpreted in a manner which is the most shall be paid prior to recordation of the parcel map; limiting on the ability to create a proposed housing 9. Prior Subdivision. A parcel created through a prior development or urban lot split, but which is consistent urban lot split may not be further subdivided under the with State law. The provisions of this interim ordinance provisions of this interim ordinance. The subdivider shall shall supersede and take precedence over any sign a covenant provided by the community development inconsistent provision of the Campbell Municipal Code director documenting this restriction. The convent shall to that extent necessary to effect the provisions of this be recorded on the title of each parcel concurrent with interim ordinance for the duration of its effectiveness. recordation of the parcel map; 10. Restrictions on Demolition. The proposed urban lot SECTION 9 (REPEAL): If Senate Bill No. 9 is repealed or split shall not require the demolition or alteration of any otherwise rescinded by the California State Legislature of the following types of housing: or by the People of the State of California, this interim a. Housing that is subject to a recorded covenant, ordinance shall cease to be in effect. ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low SECTION 10 (PUBLICATION): The City Clerk shall cause income; this interim ordinance to be published at least once in a b. Housing that is subject to any form of rent or price newspaper of general circulation within 15 days after its control through a public entity's valid exercise of its adoption in accordance with Government Code Section police power; 36933. c. Housing that has been occupied by a tenant in the last three years; SECTION 11 (EFFECTIVENESS): This interim ordinance 11. Storm Drain Area Fee. Prior to recordation of a shall become effective on January 1, 2022 for a period of parcel map, the applicant shall pay the required Storm 45 days, unless extended by the City Council. Drain Area fee, as set by the City's Schedule of Fees and Charges; PASSED AND ADOPTED this 7th day of December, 2021 12. Stormwater Management. The subdivision shall by the following roll call vote: comply with the requirements of the City's National Pollution Discharge Elimination System (NPDES) Permit AYES: Councilmembers: Bybee, Landry, Lopez, Gibbons as implemented by Chapter 14.02 of the Campbell NOES: Councilmembers: None Municipal Code, and as demonstrated by a grading and ABSENT: Councilmembers: Resnikoff drainage plan prepared by a registered civil engineer; 13. Utility Providers. The requirements of the parcel's APPROVED: Elizabeth "Liz" Gibbons, Mayor utility providers shall be satisfied prior to recordation of ATTEST: Dusty Christopherson, City Clerk a parcel map. 46 NOTICE OF UNCLAIMED PROPERTY PLEASE TAKE NOTICE that the following persons or entities have not claimed the following sums of money from the City of Campbell for more than three (3) years. The money will become the property of the City of Campbell on March 30, 2022 unless you take the action specified in California Government Code Section 50052. Publish: December 22 and 29, 2021 Name Amount Fund Name Amount Fund AT&T 502.16 General LexmarDevelopemt 3,548.25 General AT&T 69.89 General Lila Misty Booth 40.00 General Addison-Penzak 332.50 General Lissia Jarboe 186.00 General Adriana Rangel 7.00 General Los Gatos Foreign Car 6.05 General Andrea M Sola 254.00 General Matthew Johnson 18.99 General Bank of America 530.00 General Melissa Venter 15.00 General Charles N Luna Huffman 30.47 General Millicent Falk 22.00 General Charles N Luna Huffman 45.70 General Obihai Technology, Inc 95.00 General Chenie Locke 300.00 General Peggy Page 46.17 General Ebay, Inc 140.00 General Peggy Page 69.25 General Elijah M Spicer-Yancy 18.47 General Peter M Cushman 119.23 General First Fijian Christian Fellowship 169.68 General Peter M Cushman 159.28 General George Frank 4.00 General Rachael Prewett 25.00 General Grant A Klos 8.31 General Ravi Shankar 400.00 General Jacob M Walter 42.47 General Ravi Shankar 803.25 General Janet Howard 3.00 General Robert J Gill 752.93 General Jeena, Inc 300.00 General SCC Office of Education 56.00 General Jennifer Calhoun 1.50 General Sadra Medical 917.00 General Jeremy A Lewis 203.03 General Sara C Quilici 61.17 General Jeremy A Lewis 38.78 General Sara Graver 292.73 General John F Kennedy University 400.00 General Sara Graver 45.24 General John L Ahrens 60.94 General Sterling Vineyard 872.78 General Joshua A T Paguirigan 24.23 General Taryn Leger 332.62 General Kimberly Romero Gomez 123.27 General The Wellness Spot 100.00 General Lauren P Cruz 494.23 General Veronica Gunawan 116.34 General Puzzle on page 67 moo 000000 m0000 ©©M 0000 ©©moon Bono© 000 onso 0000000MO©©©00©O m©©000© moo n0©B 00000 00000©BOB00E©© 000 ©0©0©O0 M©0M ©Bon unmauumun©muumm ©0n ©umnumm©0 u0nmum ©0©©© Bm© nommu Bunn ©uou 0mm0©u noun Humn umummu©unm© Boom Emen ommoo©D Bonn M0©Bn © MB© ©©0©UB nammun©m© ©MM ©BOm©©U©©M©0000 mmun Munn ©ummans Bun ©mmunme©nummon ©EHOM mu00 0R© On©©BB© 00©0M©mEn©0©00©B ©©um 0r" MMMMW-10 "©MBE© unum