CC Ordinance 2311 - Adopting Urgency Measures to Implement Senate Bill No. 684 (2023) Ordinance No. 2311
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO.
684 (2023) (FILE NO. PLN-2024-69)
WHEREAS, on October 11, 2023, the Governor of the State California signed into law
Senate Bill No. 684 (Caballero), to "add Sections 65852.28, 65913.4.5, and 66499.41 to the
Government Code, relating to land use," which generally allows the streamlined approval
processes for small housing development projects of ten or fewer residential units on urban
lots under 5 acres. The bill requires local agencies to review applications that comply with the
bill's development requirements through a ministerial process, eliminating the need for
discretionary hearings. Additionally, local agencies are permitted to apply objective
development and design standards where applicable.
WHEREAS, certain standards, requirements, and permitting procedures of the City of
Campbell Municipal Code, are inconsistent with the provisions authorized by Senate Bill No.
684 (2023).
WHEREAS, the provisions of Senate Bill No. 684 (2023) shall be in effect on July 1,
2024, and without locally codified standards, requirements, and implementation procedures,
the law presents a current and immediate threat to the public peace, health, safety, and
welfare, in that certain existing standards, requirements, and permitting procedures of the City
of Campbell Municipal Code are in conflict with Senate Bill No. 684 (2023) and could create
confusion and hinder the type of housing development and activities the law authorizes.
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 Sections 65852.28(e), 65913.4.5(b) and Section 66499.41(i)
of the Government Code, a local agency may adopt an ordinance to implement Senate Bill
No. 684 (2023).
WHEREAS, this interim ordinance serves to establish standards, requirements, and
permitting procedures to allow for orderly housing development and activities authorized by
Senate Bill No. 684 (2023) while protecting the public peace, health, safety, or welfare in the
City of Campbell.
WHEREAS, it is not the intent of this Ordinance to adopt permanent standards,
requirements, or permitting procedures. The City Council reserves the right to adopt
permanent standards, requirements, and permitting procedures consistent with Senate Bill
No.684 (2023) that will supersede those contained in this interim ordinance.
WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of
housing development projects that are in compliance with Senate Bill No. 684 (2023).
WHEREAS, considering 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 adherence
to existing standards, requirements, and permitting procedures 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 Sections
65852.28(e), 65913.4.5(b) and Section 66499.41(i) relating to implementation of Senate Bill
No. 684 (2023).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE). This Ordinance establishes interim exceptions, clarifications, and
amendments to the City of Campbell's Subdivision Ordinance and Zoning Code to allow
proposed housing developments as specified by California Government Code Sections
65852.28, 65913.4.5, and 66499.41, as established by Senate Bill No. 684 (2023).
SECTION 2 (APPLICABILITY). Section 3 (State Law), Section 5 (Administration), Section 6
(General Eligibility), Section 7 (Application Process), and Section 8 (Exceptions to
Requirements) of this Ordinance shall be applicable only to proposed housing development
projects that apply for a permit from the City of Campbell under the streamlined, ministerial
review process established pursuant to Sections 65852.28, 65913.4.5, and 66499.41 of the
California Government Code.
SECTION 3 (STATE LAW). This Ordinance is intended to implement all provisions of
Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code, which shall
govern the implementation of this Ordinance. Nothing contained in this Ordinance shall be
construed to supersede any requirement of the law including, but not limited to, site eligibility,
density, affordability, and all applicable site development and design requirements.
SECTION 4 (SUPERSEDE). The provisions of this Ordinance shall supersede and take
precedence over any inconsistent provision of the Campbell Municipal Code to that extent
necessary to effectuate the provisions of this Ordinance for the duration of its effectiveness.
SECTION 5 (ADMINISTRATION). This Ordinance shall be administered by the Community
Development Director, who is hereby authorized to develop forms, policies, and regulations
for the implementation of this Ordinance and interpret its provisions to achieve compliance
with state law. Where a disagreement with the Community Development Director's application
of this Ordinance occurs, the procedures for an Interpretation provided in Section 21.20.030
(Procedures for Interpretations) of the Zoning Code shall be followed, including the provisions
for an appeal.
SECTION 6 (GENERAL ELIGIBILITY). This section serves to clarify which sites are eligible
for the streamlined, ministerial review process established pursuant to Sections 65852.28,
65913.4.5, and 66499.41 of the California Government Code.
A. Site Eligibility. The following criteria serve to clarify provisions of state law used to
determine site eligibility.
Page 2 of 9
1. Land Use Designation. Properties with the following General Plan land use
designations, and all sites with a multi-family residential zoning designation,
shall be eligible sites:
a. Low-Medium Density Residential (8-16 Units / Gr. Acre)
b. Medium Density Residential (18-25 Units / Gr. Acre)
c. Medium-High Density Residential (26-33 Units / Gr. Acre)
d. High Density Residential (34-45 Units / Gr. Acre)
e. Mobile Home Park (8-16 Units / Gr. Acre
f. Professional Office Mixed Use (8-16 Units / Gr. Acre)
g. Neighborhood Commercial Mixed-Use (18-25 Units / Gr. Acre)
h. Medium-High Density Mixed-Use (26-33 Units / Gr. Acre)
i. Central Business Mixed-Use (26-33 Units / Gr. Acre)
j. General Commercial Mixed-Use (26-33 Units / Gr. Acre)
k. High Density Mixed-Use (34-45 Units / Gr. Acre)
I. Commercial-Corridor Mixed-Use (45-60 Units / Gr. Acre)
m. Transit-Oriented Mixed-Use (57-75 Units / Gr. Acre)
2. Legal Parcel. Parcels no larger than five (5) acres which have been legally
created in compliance with the Subdivision Map Act (Government Code Section
66410 et seq.) and the Subdivision Ordinance, as applicable at the time the
parcel was created. The City Engineer may require a certificate of compliance
to verify conformance with this requirement.
3. Historic Property. Parcels that are not listed on the City of Campbell Historic
Resource Inventory, as defined by Chapter 21.33 (Historic Preservation).
SECTION 7 (APPLICATION PROCESS). This section serves to provide exceptions and
clarifications to local permit processes to comply with prevailing state statues and streamline
the processing of qualifying projects consistent with the objectives of state law.
A. Permits Required. No other permit, or modification of any other permit, shall be
required other than as specified below:
1. Zoning Clearance Application. A zoning clearance application, including the
required application materials and fees, shall be filed with the Community
Development Department in compliance with Chapter 21.38 (Application Filing,
Processing and Fees) of the Zoning Code. A zoning clearance application may
only be found complete if it satisfies the requirements of this Chapter and other
applicable sections of the Campbell Municipal Code.
2. Tentative Parcel Map or Tentative Subdivision Map Application. When the
project includes a subdivision, the applicant shall include the required
application materials and fees for a Tentative Parcel Map when involving four
or fewer lots or condominium units, and a Tentative Subdivision Map when
involving five or more lots or condominium units concurrently with the
application for a zoning clearance. The Tentative Parcel Map or Tentative
Page 3 of 9
Subdivision Map shall be reviewed by the city engineer as a ministerial action
without discretionary review or a hearing.
3. Parcel Map or Final Map Application. Following the approval of a Tentative
Parcel Map or Tentative Subdivision Map, the applicant shall include all of the
required application materials and fees for a Parcel Map when implementing a
Tentative Parcel Map, and a Final Map when implementing a Tentative
Subdivision Map. The Parcel Map or Final Map shall be reviewed by the city
engineer as a ministerial action without discretionary review or a hearing.
4. Building Permits. No demolition, grading, or construction shall be permitted
without first receiving approval of a building permit. Further, the following
procedural requirements shall apply:
a. Submittal. Issuance of a zoning clearance shall be required prior to
acceptance of an application for a building permit(s).
b. Issuance. No building permit shall be issued until a tentative map has
been approved.
c. Building Permit Final. No building permit final, certificate of occupancy,
or temporary certificate of occupancy shall be granted until a Parcel Map
or Final Map has been recorded.
SECTION 8 (EXCEPTIONS TO REQUIREMENTS). This section serves to provide
exceptions and adjustments to standards and requirements to comply with prevailing state
statues and streamline the processing of qualifying projects consistent with the objectives of
state law.
A. Exceptions to Requirements.
1. Exceptions to Multi-Family Development and Design Standards (MFDDS).
Housing development projects shall be alleviated from all requirements
pertaining to Chapter 3 (Zones), Chapter 5 (Building Types), Chapter 6
(Specific to Frontage Types), Chapter 7 (Architectural Standards) and Chapter
8 (Specific to Large Sites), within the Multi-Family Development and Design
Standards (MFDDS), except as follows:
a. Chapter 3, Section 3.020.7 (Design Sites), where the term "design
sites" is used, the term shall instead refer to the new parcel(s)
proposed by the housing development project.
b. Within each form-based zone section of Chapter 3, (Sections 3.030
through 3.090), the following specific subsections shall remain
applicable:
(1) Building Form (subsection '4')
(2) Building Placement (subsection '5,' Setback)
(3) Encroachments (subsection '6')
(4) Parking (subsection '7')
Page 4 of 9
2. Exceptions to Parking. One parking stall per primary dwelling unit shall be
required, except for proposed housing developments located on parcels within
one-half mile walking distance of either a public transportation stop or one block
of a car share vehicle operating in accordance with California Vehicle Code
Section 22507.1.
3. Exceptions to Subdivision Ordinance. Housing development projects shall be
alleviated from the following:
a. Minimum Lot Size. In no event shall a new parcel be less than six
hundred (600) square feet in lot area.
b. Number of parcels. The proposed subdivision shall result in ten (10)
or fewer parcels, unless otherwise designated for internal circulation,
open space, or common area use.
c. Number of Remaining Units. Each parcel created through subdivision
under Section 66499.41 of the Government Code shall contain at
least one dwelling unit on each resulting parcel that does not already
contain an existing legally permitted residential structure or is
reserved for internal circulation, open space, or common area.
4. Adjustments to Standards. To the least extent necessary to comply with state
law, adjustments to otherwise applicable site development and design
standards shall be granted according to the following order of priority until the
physical constraint(s) to are resolved, provided that if an exception does not
remove a physical constraint, the exception shall not be granted.
a. Reduction of the garage entry setback/minimum driveway depth to
allow a minimum of twenty-five feet;
b. Reduction of the street side setback to allow a minimum setback of 4
feet except to ensure adequate site visibility for pedestrian and
vehicular safety, consistent with Figures 3-1 and 3-2 of Section
21.18.060 (Fences, walls, lattice and screens);
c. Reduction of the front setback to allow a minimum setback of five feet;
d. Increase to the maximum height as to allow one additional story than
would otherwise be allowed; then
e. Reduction or elimination of any other standard not otherwise
identified.
SECTION 9 (SUBDIVISION STANDARDS). Chapter 21.13 (Subdivision Standards) of the
Campbell Municipal Code is hereby added to read as follows:
20.13.010 Purpose.
This Chapter establishes standards for subdivision of properties in Campbell.
Page 5 of 9
20.13.010 Applicability.
The requirements of this Chapter shall apply to all subdivisions, including parcel maps
and final maps. No subdivision, except as provided for by Chapter 20.14 (Urban Lot Splits),
shall be approved except when meeting the requirements of this section.
20.13.020 Site Access.
All lots created by a subdivision shall have frontage upon a street dedicated as a public
street, provided that the community development director may approve not more than one
lot without such required frontage on a public street, hereinafter referred to as "rear lot,"
under the following conditions:
A. The front lot shall meet all of the requirements of the zoning district within which it is
located.
B. The rear lot shall meet all of the requirements of the zoning district within which it is
located and, in addition, shall have an area which exceeds the lot area requirement by
ten percent exclusive of any access to a public street.
C. Access to the public street for a rear lot shall not be over an easement but over land
under the same ownership as that of rear lot; such access shall have a minimum width
of fifteen feet and shall have a paved way not less than ten feet in width.
D. The creation of a rear lot would be consistent with all applicable specific plans and/or
area plans.
20.13.030 - Exception to Site Access Requirement.
The applicable approving body may approve a subdivision which creates lots which do
not have frontage on a public street when all of the following requirements are satisfied:
A. The subdivision is zoned to allow multi-family development multi-family residential
uses.
B. Permanent vehicular and pedestrian access is assured through recordation of
reciprocal ingress/egress easements for all parcels within the subdivision boundary,
including access rights for all property owners, guests, employees, clients and
customers of all business entities or tenants lawfully located within the subdivision
boundary; and
C. Each independent parcel is self-sufficient in terms of parking requirements to serve the
existing or proposed uses on the parcel unless off-site parking is assured through
permanent parking easements located nearby (within three hundred feet of the
building's or center's public entrance) on adjoining parcels; and
D. Utility connections are located within easements benefitting the independent parcels
which exist or are proposed within the subdivision; and
Page 6 of 9
E. Where available, the utility company serving the property shall be responsible for
maintaining all utility lines and related infrastructure up to the individual services or
laterals. Beyond this point, the property owner is responsible for all maintenance of the
utility infrastructure.
F. Homeowner's Association.
1. Where a homeowner's association is established, the following requirements
shall apply.
a. Prior to issuance of a building permit(s) or recordation of the Parcel
Map of Final Map, whichever occurs first, the property owners shall sign
and record Covenants, Conditions and Restrictions (CC&Rs) which
shall:
(1) Ensure the joint maintenance of reciprocal rights of way and
utilities within common easements, unless such utilities are
maintained by the respective service provider.
(2) Obligate the joint development and maintenance of landscaping
improvements along the public street perimeter encompassing all
parcels within the subdivision boundaries.
2. Where a homeowner association is not established, the following standards
shall apply:
a. All impervious surfaces outside of a building roofline or building
envelope, shall be constructed with pervious materials (pervious
pavers, pervious concrete) designed to fully meet the stormwater
treatment requirements consistent with Chapter 14.02 (Stormwater
Pollution Control).
b. Prior to approval of the Parcel Map or Final Map, the property shall be
annexed into the City's Community Facilities District No. 2 to provide
maintenance of stormwater treatment facilities placed in the public
right-of-way.
G. Prior to issuance of a building permit(s) or recordation of a subdivision map, whichever
occurs first, the property owners shall sign and record a "Covenants for the Operation
and Maintenance of Stormwater Facilities" and submit a Stormwater Management Plan
to the satisfaction of the City Engineer, which shall obligate the property owner and
successors in interest to preserve and maintain the stormwater facility and allow for
periodic inspections by City employees.
H. In instances when more than one of the proposed parcels will remain under one
ownership, the above easements and/or covenants shall be placed in escrow and
recorded simultaneously with any transfer of ownership of any of the affected parcels,
at no cost to the city.
Page 7 of 9
SECTION 10 (ACTION ON TENTATIVE PARCEL MAPS). Section 20.16.035 (Exception to
access requirement.) of the Campbell Municipal Code is hereby amended to read as follows
with underlining (underlining) indicating new text and strikeouts (ctrikcouts) indicating deleted
text.
20.16.030 Action on tentative parcel maps.
The community development director shall approve or deny an application to subdivide
lands into four or fewer lots. Applications therefore shall be accepted only upon payment of
a fee in an amount prescribed by resolution of the City Council.
Before approval or conditional approval may be given, such subdivision must be
considered by the city engineer.
All conditions required by the city engineer shall be incorporated in the community
development director's conditional approval and findings. Denial by the city engineer shall
require denial of the tentative map.
All lots created by such subdivision shall have frontage upon a street dedicated as a
„
under the following conditions:
it is located.
(2) The rear lot shall meet all of the requirement - _ _ _..,trict within which
requirement by ten percent exclusive of any access to a public street
and/or area plans.
The community development director shall have authority in granting such application
to impose such conditions as are deemed necessary to protect the best interests of the
surrounding property or neighborhood consistent with the general purpose and intent of this
title, including, but not limited to, adequate provisions for fire protection, easements for
public utilities and improvements of all proposed streets to the standard prescribed in Title
11 or such lesser standards as may be approved by the community development director.
Before such subdivision is approved, the applicant shall pay all unpaid county and
municipal taxes except taxes not yet payable.
A denial of such application may be appealed by the applicant to the planning
commission within ten days after the mailing of notice of the decision of the community
development director to the applicant at the address shown on the application.
The appeal shall be in writing, shall be filed with the secretary of the planning
commission, shall generally set forth the grounds of appeal and shall be accompanied by a
Page 8 of 9
filing fee in accord with the schedule of fees as established by the City Council, no part of
which is refundable.
Where the planning commission or decision-making body grants approval subject to
conditions, said conditions shall be fulfilled within twenty-four months after the decision of
the planning commission or decision-making body for a housing development project, or
within such time as the planning commission may prescribe for a nonresidential project.
SECTION 11 (EXCEPTION TO ACCESS REQUIREMENT). Section 20.16.035 (Exception to
access requirement.) of the Campbell Municipal Code is hereby repealed.
SECTION 12 (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
interim 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 13 (REPEAL). If Senate Bill No. 684 (2023) 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 14 (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 15 (EFFECTIVENESS). This Ordinance shall become effective on June 18, 2024,
and remain effective for a period of 45 days, unless subsequently extended by the City
Council.
PASSED AND ADOPTED this 18th day of June, 2024 by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APP ROVE C2-6 /
Susan M. Landry, Mayor
ATTEST: ( d2U 'due
Andrea Sanders, City Clerk
Page 9 of 9