CC Summary Ordinance 2293PROOF OF PUBLICATION
(2015.5 c. c. p.)
PROOF OF PUBLICATION
State of California
County of Santa Clara
I am a citizen of the United
States and a resident of the
State of California: I am over
the age of 18 years, and not
party to or interested in the
above -entitled matter. I 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, 7 988, Case No.
657274; 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:
May 10 - 2023
1 certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated: May 10, 2023
At San Jose, California
Da Miller
Filing Stamp
CC sunny, ool
-Ionn C fv))qp 3 COP-
SUMMARY OF ORDINANCE NO. 2293 OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ESTABLISHING A NEW ZONING MAP AND AMENDING TITLE 6 (HEALTH
AND SANITATION), TITLE 7 (ANIMALS), TITLE 20 (SUBDIVISION AND LAND
DEVELOPMENT AND TITLE 21 ZONING OF THE CAMPBELL MUNICIPAL CODE.
L (ZONING)
FILE NO. PLN-2022-80.
WHEREAS, after notification and public hearing, as specified by law and after presentation
by the Community Development Director, proponents and opponents, the hearing was
closed.
WHEREAS, the City of Campbell is adopting a new General Plan (Campbell 2040 General
Plan), inclusive of new 2023-2031 Housing Element and therefore, the must amend the
Campbell Municipal Code (CMC) and adopt a new Zoning Map for consistency with the
2040 General Plan and 2023-2031 Housing Element.
WHEREAS, upon the effective dale of the subject Ordinance, the preceding Campbell
Zoning Map, as most recently amended, shall be of no further force or effect.
WHEREAS, the subject Ordinance will amend Title 6 (Health and Sanitation), Title 7
(Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the
Campbell Municipal Code.
WHEREAS, a general summary of amendments to Title 6 (Health and Sanitation), Title 7
(Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the
Campbell Municipal Code, and where appropriate their relationship to implementation of
state or federal law, by Title and Chapter is as follows:
General Corrections
In addition to the Title and Chapter specific changes as noted below, typographical,
grammatical, and structural improvements have been made throughout the affected
sections. Further, changes have been made throughout the Zoning Ordinance to reflect the
new land uses and density ranges contemplated by the 2040 General Plan and 2023-2031
Housing Element updates and comply with state and federal law.
Title 6: Health and Sanitation
Chapter 6.40 Camping and Storage
1. Updated the location allowed for Camping to include all sites with a legally
established public assembly use onsite, striking previous language limiting such
activity to the P-F (Public Facilities) zoning district.
Title 7: Animals
Chapter 7.04 General Provisions
1. Updated the definition of "Animals" as to not prohibit the sale of live shellfish, crabs,
lobsters, or fish from grocery stores.
Title 20, Subdivision and Land Development
Chapter 20.16 Parcel Map Procedures
1. Added an exception to access requirements for projects subject to the Multi -Family
Development and Design Standards; with a requirement for shared improvements to
be provided on a common lot maintained by a homeowner's association.
2. Aligned the decision -making body for the parcel map with the decision -making body
established for the associated Housing Development Permit.
Chapter 20.24 Park Impact Fees and Park Land Dedication Subdivisions
1. Added a provision allowing for a reduction in fees for projects providing for public
open space meeting the requirements of Chapter 21.07 (Housing Development
Regulations) of the Campbell Municipal Code.
Title 21: Zoning
Chapter 21.01: General Provisions
Chapter 21.02: Interpretation of Provisions
Chapter 21.03; Land Use Permit Requirements
1. Updated references to Chapter 21.10 (Commercial, Office and Industrial Districts) as
renamed.
2. Adtled a reference to Chapter 21.11 (Mixed -Use Districts).
3. Removed antiquated references to the former city redevelopment agency.
4. Added a section exempting projects which reconfigure exisfing square footage to
increase the number of bedrooms from public hearings.
5. Added a provision to allow land use permits submitted on or before the effective date
of the zoning code update to be carried out in accordance with the development
standards and permitting procedures in effect at the time of project submittal.
Chapter 21.04: Establishment of Zoning Districts
1. Updated to reflect new land use designations and zoning districts.
2. Established a reference table to prior zoning districts.
3. Established P-D as a legacy zoning district.
Chapter 21.06: District Boundaries
anent Regulation;
1. Newt created chapter to establish objective standards for multi -family and mixed -
use hosing development projects.
2. Provides a connection in the code to the separately adopted Mutti-Family
Development and Design Standards and associated Form -Based Zoning Map,
3. Provides permitting procedures, public hearing procedures, conditions and time
limits, provisions providing for an amendment of the standards, phasing of projects,
and provisions describing what constitutes a major change to a housing development
project.
Chapter 21.08: Residential Districts
1. Consolidated purpose and symbol assigned to individual zoning districts in a single
P Po Y 9 9 9 e
section and established land uses allowed for newly established zoning districts as
well as for mobile home parks.
2. Expanded those uses allowed and prohibited by the MDR zoning district (formerly R-
3) to the newly established HDR zoning district.
3. Removed mobile home parks as an allowable use in the MHDR zoning district
(formerly R-3) and removed the reference to the maximum number of stories from
the land use description and added to the development standards table.
4. Consolidated allowable uses in the RD and RM uses, allowing the more permissive
of the two to prevail.
5. Consolidated permitted, conditional, and prohibited uses of individual zoning districts
in a zoning table.
6. Revised the land use table to establish "family chill day care homes, large"
as a permitted use in all residential zoning districts as required by state legislature.
7. Added short-term rentals to the list of expressly prohibited uses.
Chapter 21.10: Commercial and Industrial Districts
1. Renamed Chapter to capture the same land use groupings/distinctions made in the
General Plan and Chapter 21.04 (Zoning Districts Established) of the Campbell
Municipal Code.
2. Consolidated purpose and symbol assigned to individual zoning districts in a single
section and established land uses allowed for newly established zoning districts as
well as for mobile home parks.
3. Increased allowed FAR (Floor Area Ratio) up to 1.0.
4. Removed 21 10 060 - i.: f.11_;c (Central Business ) zoning
district from this chapter (added to Chapter 21.11 - Mixed -use districts).
5. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7
units, and 1.25 for projects between 8 to 10 units consistent with S3 473 (202 _l.
6. Consolidated permitted, conditional, and prohibited uses of individual zoning districts
in a zoning table.
7. Added a reference to Figure II-64 (Parcels Allowing Emergency Shelters) within the
Housing Element and removed language describing the boundaries of the area.
8. Removed distinctions between the RD and LI zoning districts which added specificity
on the square footage and bedroom count of caretaker/employee housing as is
separately regulated by CMC 21.36,040 (Caretaker or employee housing).
9. Revised the land use table to establish "family child day care homes, large'
as a permitted use in all residential zoning districts as required by state legislature.
1. Newly created chapter to establish new mixed -use zoning districts
2. Added a provision to ensure that a maximum FAR of 1.0 for projects between 3 to 7
units, and 1,25 for projects between 8 to 10 units consistent with
3. Added an allowance for live -work units for all mixed -use zoning districts excepting
the Commercial/Light Industrial and the CB -MU (Central Business Mixed -Use) zoning
district.
a. Updated the purpose statement of the zoning district to remove ambiguity as
to where residential uses shall be allowed and references to parking standards
which have been removed_
b. Removed parking standards and procedures and references to parking
standards, defaulting to those found within Chapter 21.28 (Parking and
Loading).
c. Removed reference to the allowable density range to avoid future conflicts
with land use designation.
d. Clarified that the increase in FAR up to 1.5 only applies to projects without a
residential component.
e. Updated the land use table referencing the standards contained within C-3 for
Area/Master Plan areas to establish uses as Conditional where previously
provided for through an Administrative Planned Development Permit (a legacy
permit type).
Chapter 21.12: Special Purpose Districts
1. Removed references to the management of how an overlay is shown on the map
which are addressed separately under Chapter 21.04 (Establishment of zoning
districts).
Chapter 21.14: Overlay Combining Districts
1 _ Removed language directing how an overlay district symbol should be applied when
shown on the zoning map, which is separately addressed by Chapter 21.04
(Establishment of zoning districts).
2. Removed limitations on where an overlay district may be applied in the city to
address newly created zoning districts, be more consistent with where overlays are
already applied, and provide greater flexibility for where overlays can be proposed in
the future - such as the Affordable Housing Overlay Zone (AHOZ) called for by
Program H-tc Affordable Housing Overlay Zone included in the Housing Element.
9 ( 9 Y ) 9
3. Established an 'opt -out' process for housing projects through the establishment of an
overlay for projects that may result in a community benefit or improved design.
4. Lowered the threshold for eligibility for consideration of a community benefit overlay
designation to 25 residential units.
Chapter 21.16: General Performance Standards
1. Added Section 21.16.105 establishing a reference in the code to the Valley Water
Guidelines and Standards for Land Uses Near Streams and assignment of
responsible department for oversight of related requirements.
2. Added Section 21,16.120 (Transportation demand management) and Section
21.16-130 (Transportation analysis and improvements) to implement actions TA j.
and T411 of the General Plan (Envision Campbell 2040).
Chapter 21.18: Star Development Standards
Chapter 21.20: Density Bonus.. :�:. ^, 1Io ,ing Incentives
1. Renamed Chapter from "Density Bonus and other incentives for affordable residential
units, senior housing and childcare facilities" to as indicated above.
2. Restructured Chapter to reference standards and tables contained in state law and
removed locally established standards and tables which were out of date.
3. Added clarity on how a density bonus is calculated.
4. Added clarity on how concessions and waivers are applied.
5. Added a definition to clarity that Accessory Dwelling Units, and Junior Accessory
Dwelling Units shall not count as a living unit for purposes of the Chapter.
6. Added a new density bonus income category for acutely low- and extremely low-
income units, which are provided an additional density bonus over that provided for
very low-income units in furtherance of Program H-5s (Density Bonus Incentives for
ELI Units) from the Housing Element.
7. Added a provision allowing for a 30% density bonus for projects that provide 5% of
the total living units as target units restricted to acutely or extremely very low-income
households.
8. Established a connection to the priority preference criteria established by the city's
Inclusionary Housing Ordinance for density bonus units.
Chapter 21.23: Accessory Dwelling Units
1. Incorporates amendments in response to SB-897 and AB-2221 as follows:
a. Recognize concept of "Statewide Exemption ADU" IS 800 SF, with 4-ft
side/rear setbacks, and not taller than 18-11) that are permitted exceptions to
FAR, Lot Coverage, building separations, open space, and front setback
requirements.
b. Allow for a minimum allowable ADD height of 18-ft, with an additional 2-ft
allowed to match the roof pitch of the primary home.
c. Eliminate the parking requirement for ADUs, recognizing that the multitude of
exceptions has essentially annulled any parking standard.
d. Establish an amnesty section to legalize unpermitted ADUs constructed prior
to January 1, 2018 that otherwise do not comply with local or State
development standards, subject to general provisions and restrictions.
Chapter 21.24: Inclusionary Housing Ordinance
1. Updated a reference to a former housing element policy to point to a new goal
established by the 2023-2031 Housing Element.
2. Added a definition for an extremely low-income household.
3. Updated the definition of living unit to clarify that Accessory Dwelling Units, and
Junior Accessory Dwelling Units shall not count as a living unit for purposes of the
Chapter.
4. Updated to require for -sale projects to provide the same allocation of units available
to lower -income and very low-income units that is required for rental projects
(partially implementing Program H-1a - Inclusionary Housing Ordinance
Implementation from the Housing Element).
Chapter 21.26: Landscaping Requirements
1. Established landscape standards for mixed -use districts.
2. Clarified the definition of landscaping.
Chapter 21.28: Parking and Loading
1. Removed a cross reference to parking standards contained in the C-3 zoning
ordinance.
2. Clarified that parking requirements are totaled for all uses prior to rounding.
3. AB 970 - Updated the code to reduce the number of parking spaces by the amount
necessary to accommodate the electrical vehide charging station it the electrical
vehicle charging station and associated equipment interferes with, reduces,
eliminates, or any way impacts the required parking spaces for existing uses.
4. AS 1100 - Updated the code to clarify that charging spaces count as at least one
standard vehicle space for complying with minimum parking space requirements and
that accessible charging spaces with an access aisle count as at least two standard
parking spaces.
5. AB 2097 - Updated the code to remove minimum parking requirements for
residential, commercial, and/or other development projects that is located within
mile of public transit. Clarified the meaning of bus routes, consistent with the
definition provided by the Metropolitan Transportation Commission (MTC), because a
specific definition of intersection is not provided by the statue.
6. Established provisions allowing for the reduction in the number of parking spaces
when necessary to meet minimum accessible access requirements.
7. Established standards for the pnontization of the assignment of parking spaces when
provided on property with residential uses.
8. Adjusted parking standards, primarily resulting in a reduction of parking requirements
for residential uses contained in Table 3-1.
9. Updated parking standards for emergency shelters consistent with Housing Element
Program H-3g.
10. Consolidated situations (i.e., proximity to public transit pursuant to AB 2097) and
parking reduction strategies which may be used reduce the number of required
parking spaces under a single section. Established new shared parking and
rideshare parking reduction strategies for mixed -use projects.
11. Removed the option to apply for a parking modification permit to reduce the parking
obligation of residential uses.
12. Clarified that the minimum length for a driveway serving single-family and two-family
uses is exclusive of any public right-of-way.
13. Established a minimum guest parking ratio for residential projects where no other
standard is provided.
14. Established a minimum bicycle parking requirement for residential (one space per
unit) and non-residential (one space per 2,500 square feet of gross floor area) uses.
Note: The updates made to these sections do not address the streamlining/timeline or
checklist requirements of AB 970 or AB 1236, which are to be addressed in a future
update to the Campbell Municipal Code addressing permit processing times and shot
cocks related to other recently passed state legislation (e.g., ADUs, photovoltaic,
wireless facilities).
Chapter 21.30: Signs
Chapter 21.32: Tree Protection Standards
1. Added Findings for removal of trees that prevent development of a housing
development project (includes SB 9 properties)
Chapter 21.33: Historic Preservation
Chapter 21.34: Wireless Communications Facilities
1. Correcting references to FCC requirements.
Chapter 21.36: Provisions Applying to Special Uses
1. Removed 21.36.070 (Large family child care homes) in response to SB 234-(20191_
which prohibits treating family child care homes differently from any other residential
use.
2. Incorporated standards previously established by 21,36.070 (Large family child care
homes) into 21.36.080 (Commercial child care centers).
3. Updated 21,36.085 (Emergency shelters) to remove reference to a specific land use
permit type and location, which is established separately under Article 2 (Zoning
Districts).
4. Changed pemritting requirements for large family day care homes, removed appeal
procedures
5. Updated 21.36.095 (Health and fitness centers/studios) to remove reference to a
specific land use permit type.
6. Established Section 21.36.115 (Liquor establishments. as a special use and
relocated findings previously specified found under Section 21.46.070 (Special
findings for liquor establishments) to this newly created section.
7. Removed Section 21.36.130 (Mixed -use development) which standards have been
superseded by Chapter 21.07 (Multi -Family Development and Design Standards).
8- Updated 21,36,150 (Outdoor seating) to remove reference to a specific land use
permit type, removed reference to specific application submittal requirements which
are provided for by the city's established application forms.
9. Updated 21,36.170 (Public assembly uses) to remove reference to a specific land
use permit type relying instead on other sections of the code.
10. Updated 21.36.270 (Massage establishments) to add date of adopting Ordinance
and remove reference to a specific land use permit relying instead on other sections
of the code.
11. Added Chapter 21.36.207 (Single -room occupancy facilities) establishing
requirements for such facilities.
12. Updated 21.36,243 (Tutoring centers) to remove reference to a specific land use
permit type relying instead on other sections of the code.
Chapter 21.38: Application Filing, Processing, and Fees
1. Updated to include a reference to the establishment of an Administrative Conditional
Use Permit and assign decision making body and role.
2. Updated to reference new permit processes established by Chapter 21.07 (Housing
Development Regulations) and assign decision making body and role.
Chapter 21_39_ Ministerial Approvals
1. Established new permitting procedures and processing timelines consistent with
recent bills (e.g., SB 35, AS 2162, and AS 101) which require cities to evaluate
certain projects through a streamlined ministerial review process. This section serves
to implement California Government Code Sections 65650 et seq. ("Slate Supportive
Housing Law"), 65660 el seq. ("State Low Barrier Navigation Centers Law'), and
65913.4 ("State Streamlined Ministerial Approval Process").
Chapter 21.40: Zoning Clearances
1. Added eligible facilities requests (wireless) to be eligible for zoning clearances to
memorialize current practice.
Chapter 21.41: Pre -Applications
1. Revised the mandatory pre -application process to reflect permitting requirements in
Chapter 21.07,
2. Established a voluntary pre -application process for projects subject to the Specific to
Large Site Standards established by Chapter 21.07 (Housing Development
Regulations),
Chapter 21.42: Site and Architectural Review
1. Added language to clarify permitting procedures for reconfiguration of existing square
footage for residential to comply with AB 916,
2. Clarified applicability for projects within the Campbell Village Neighborhood Plan.
3. Added language to clarify permits filed under 21.07 (Multi -Family Development and
Design Standards) are not subject to the section.
Chapter 21.44: Home Occupation Permits
1. Updated to allow cottage food operations to comply with state law (AB 1616 and AB
1144)
Chapter 21.45: Temporary Uses
1. Updated to correct formatting error in the title of the Chapter
Chapter 21.48: Conditional Use Permits
1. Established Admin. Conditional Use Permit process.
2. Relocated Special Findings for Liquor Establishments to Chapter 21.36 (Speci
Uses)
Chapter 21.50: Reasonable Accommodations
1 Updated to account for amendments in the Federal Fair Housing Amendments
1988 and the California Fair Employment and Housing Ad,
Chapter 21.54: Administrative Responsibility
1. Established provisions for the Community Development Director to establish a
designee for the Historic Preservation Board, consistent with current practice.
2. Added clarity to the role of the Site and Architectural Review Committee in its role
reviewing existing and newly established permits.
Chapter 21.56: Permit Implementation Timeline
1. Added a provision to allow recordation of a map to serve as grounds to establish a
project.
2. Included provisions for the amendment of legacy permit types.
Chapter 21.58: Nonconforming Uses and Structures
1. Clarified the definition of nonconforming use to clarify that residential density does
not constitute a nonconformity.
2. Updated the non -conforming use restrictions to include reference to specific
ordinances where previously adopted.
3. Clarified that Policy -E" of the San Tomas Area neighborhood plan only pertains to
projects subject to the plan and not all projects located within its limits -
Chapter 21.60: Amendments (General Plan, Zoning Code, and Zoning Map
Amendments)
1. Updated findings required to approve a General Plan Amendment.
2. Extended authority to initiate an amendment to the General Plan to include the City
Manager.
3. Extended authority to initiate an amendment to the Zoning Code or Zoning Map to
include City Manager and Community Development Director.
4. Added a requirement to update the Fonm-Based Zone Map with any proposed
change to a residential land use or zoning.
Chapter 21.62: Appeals
1. Updated to add Administrative Conditional Use Permit and reordered section to
reflect alphabetical order.
Chapter 21.64: Public Hearings
1. Standardized public noticing requirements for properties within the San Tomas Area.
Chapter 21.68: Revocations and Modifications
1. Broadened language related to revocations and modifications to account for non -
punitive actions that may be taken to rescind a legacy permit type.
Chapter 21.70: Administrative Decision Process
2. Added Administrative Conditional Use Permit to 21.71,020
3. Reorganized order to 21.71,020 to alphabetical order.
Chapter 21.72: Definitions
1. Amended and added various definitions related to development and to support newly
established sections of code not limited to their respective Chapters and comply with
state and federal law.
WHEREAS, the proposed amendments would be consistent with the following policies and
strategies of the 2040 General Plan:
LU-1.a: Update the City Zoning Map to be consistent win Ne land use designations
sh- on Figure LU-01
LU-1.b: Assign zoning to propemas conststant with the land use designations identified
by the General Plan.
LU-1.c: En zoning amendments that reduce the CO'. rely on the P-D (Planned
Developmem) and C-PD (Condominium Planned N,se pmefx) zoning
designation.
LU-1.e. Review the standards provided in the Campbell Municipal Code and Zm'ng
Code (Title 21) and amend as necessary to ensure consistency with the
General plan.
WHEREAS, the proposed amendments would be consistent with the following program
from the 2023-2031 Campbell Housing Element:
Program H-3a: Update the Mumapal Code to reduce parking requiremsnts consistent with the
standards presented m Table II-33. The following parking reduction amasses in
areas adlacem b light roil, and omen parts of the City which wfl riot pfesim
"Pests b residemial neighborhoodsare being proposed. Red,mrg the
parking requirements for smaller units as means of faalmibng lower t
twuaino and for sites located w m walkable meascos
WHEREAS, the legislature of the State of California has, in Government Code Sections
65302. 65580 and 65800T conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, review and adoption of the proposed amendments is done in compliance with
California government Code Sections 65853 through 65857, which require a duly noticed
public hearing of the Planning Commission whereby the Planning Commission shall provide
its written recommendation to the City Council for its consideration.
WHEREAS, the proposed amendments serve to implement the 2040 General Plan and
2023-203 Housing Element and may therefore be found consistent with the Final
Programmatic Environmental Impact Report (EIR) prepared for the Envision Campbell 2040
General Plan and Campbell's Plan for Housing 2023-2031 Housing Element. Where the
proposed amendments are not within the scope of the EIR, such changes may found
categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines, California Code of Regulations, because they have no potential for resulting in
physical change to environment, directly or indirectly, or are administrative activities of
government that will not result in direct or indirect physical change in the environment
pursuant, respectively.
WHEREAS, the proposed amendments related to park fees, within Title 20 of the Campbell
Municipal Code, may be found categorically exempt pursuant to Public Resource Code
Section 21065, which specifically excludes governmental fiscal activities which do not
involve any commitment to any specific project which may result in a potentially significant
physical impact on the environment pursuant to CEQA Guidelines Section 15378.
WHEREAS, the proposed amendments are consistent with the goals, policies, and actions
of the 2040 General Plan (which includes the 2023-2031 Housing Element) and all
applicable development agreements, area plans, neighborhood plans, and specific plan.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city.
WHEREAS, the public interest, convenience, health, welfare and safety require that three
acres of property be devoted and developed for park and recreational purposes for each
one thousand persons currently residing or who may in the future reside within the city, as
determined in the conservation and open space element of the 2040 General Plan.
WHEREAS, the proposed amendments are internally consistent with other applicable
provisions of this Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Counci
provided due consideration of all evidence presented and provided in the entire
administrative record.
THEREFORE, BE IT ORDAINED by the City Council of the City of Campbell:
Section 1. That the City Council adopts an Ordinance ordaining that the preceding Campbel
Zoning Map, as most recently amended, shall be of no further force or effect upon the effective
date of the new Campbell Zoning Map as set forth in Exhibit A, establishing a new Campbell
Zoning Map as set forth in Exhibit A in the April 18, 2023 City Council staff report, and
amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land
and Campbell's Plan for Housing 2023-2031 Housing Element. Where the proposed
amendments are not within the scope of the EIR, such changes are categorically exempt
pursuant to Sections 15050(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code
of Regulations, because they have no potential for resulting in physical change to
environment, directly or indirectly, or are administrative activities of government that will not
result in direct or indirect physical change in the environment pursuant, respectively.
Section 4. The City Council finds and determines that the proposed amendments related to
park fees, within Title 20 of the Campbell Municipal Code, are categorically exempt
pursuant to Public Resource Code Section 21065, which specifically excludes governmental
fiscal activities which do not involve any commitment to any specific project which may
result in a potentially significant physical impact on the environment pursuant to CEQA
Guidelines Section 15378.
Section 5. The City Council further finds and determines that the proposed Ordinance is
consistent with the goals, policies, and actions of the 2040 General Plan and more
specifically Policy COS-1.2 of the 2040 General Plan, by providing for new public open
space that serve new residents created by new housing projects.
Section 6. The City Council further finds and determines that the purpose of the fees
imposed, or land required to be dedicated, as modified by this ordinance, is for developing
new or rehabilitating existing park or recreational facilities within the city. It is recognized
and understood that the city is compact, compnsing approximately six square miles, and
consequently parks located throughout the city are accessible to, and used by persons
residing in all parts of the City. The dedicated land and the fees imposed shall accordingly
be used to develop or rehabilitate parks and recreational facilities within the City in
accordance with the Citys General Plan. Residential development increases the number of
residents in the City, and thereby creates a greater demand for park and recreational
facilities. The dedication and fee requirements imposed, as modified by this ordinance, are
to provide for three acres of park and recreational facilities for each 1,000 new residents, or
proportion thereof, generated by new residential development. The number of residents per
unit of new development is determined by the average number of occupants revealed by the
most recent census information. The fees are determined by multiplying a number no
greater than the fair market value of real property in the City on a per acre basis with
number of acres of land necessary to provide three acres for every 1,000 new residents
generated by the new development. Where allowed by law, the cost of improving the land
with park and recreational facilities is to serve the new residents is then added. Based on
these findings, the City Council further finds and concludes: (a) there is a reasonable
relationship between the use of the land or tee and the type of development project on
which the dedication or fee is imposed; (b) there is a reasonable relationship between the
need for the public facilities and the type of development project on which the dedication or
fee is imposed; and there is a reasonable relationship between the amount of the dedication
or fee and the cost of the public facility or portion of the public facility attributable to the
development on which the dedication or fee is imposed taking into account any credits or
reductions of fees as set forth by the code as amended.
Section 7. That this Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, or summary thereof, one time within fifteen (15) days
upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation
for the City of Campbell, County of Santa Clara.
This is a summary version of Ordinance 2293. A certified copy of the full text of the
proposed Ordinance is posted and available for public review at the City Clerk's Office, City
of Campbell, 70 N. First Street, Campbell, California.
PASSED AND ADOPTED this 2nd day of May, 2023 by the following roll call vote
AYES. COUNCILMEMBERS: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City of Campbell
Andrea Sanders, City Clerk
Publish Date: May 10, 2023