CC Ordinance 2312 - Adopting Urgency Measures to Implement Senate Bill No 4 Ordinance No. 2312
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 4
(FILE NO. PLN-2024-69)
WHEREAS, on October 11, 2023, the Governor of the State California signed into law
Senate Bill No. 4 (Wiener), " An act to add and repeal Section 65913.16 of the Government
Code, relating to housing.," which generally requires that a housing development project that
meets specified requirements be a use by right upon the request of an applicant who submits
an application for streamlined approval, on any land owned by an independent institution of
higher education or religious institution on or before January 1, 2024, if the development
satisfies specified criteria, including that thedevelopment is not adjoined to any site where
more than one-third of the square footage on the site is dedicated to industrial use. The bill
also imposes streamlining requirements, prohibits the local agency from imposing certain
standards and requirements, and authorizes the development to include ancillary uses on the
ground floor of the development, as specified.
WHEREAS, certain standards, requirements, and permitting procedures of the City of
Campbell Municipal Code, are inconsistent with the provisions authorized by Senate Bill No.
4 (2023).
WHEREAS, the provisions of Senate Bill No. 4 (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. 4 (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 Section 65852.21(j) and Section 66411.7(n) of the
Government Code, a local agency may adopt an ordinance to implement Senate Bill No. 4
(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. 4 (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. 4 (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. 4 (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 Section
65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 4 (2023).,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE): This Ordinance establishes interim exceptions to the General Plan
& Zoning Code to allow proposed housing developments as specified by California
Government Code Section 65913.16, as established by Senate Bill No. 4 (2023). 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.
SECTION 2 (APPLICABILITY): This Ordinance is 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 Section 65913.16 of the California
Government Code. Owners of real property or their representatives may continue to exercise
rights for property development in conformance with the Zoning Code.
SECTION 3 (STATE LAW): This ordinance shall implement all provisions of Section 65913.16
of the California Government Code including, but not limited to, statutes pertaining to
definitions, permit process, property eligibility, affordability, allowable density, development
standards, uses, unit replacement, prevailing wage, parking, and affordability, which shall
govern the implementation of this ordinance.
• SECTION 4 (AUTHORITY): 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. Where a disagreement with the Community
Development Director's application of this Ordinance occurs, the procedures for an
Interpretation provided in Section 21.020.030 (Procedures for Interpretations) of the Zoning
Code shall be followed, including the provisions for an appeal.
SECTION 5 (CLARIFICATIONS & AMENDMENTS): This section serves to provide.
clarifications and amendments to local permit processes, standards, and requirements in
order to comply with prevailing state statues and streamline the processing of qualifying
projects under California Government Code Section 65913.16 consistent with the objectives
of state law.
A. Application Process
1. Application Type. Qualifying housing development projects, as well any
eligible ancillary uses when limited to the ground floor of the development by
zone, shall be reviewed ministerially by the community development director
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through consideration of a zoning clearance in compliance with Chapter 21.40
(Zoning clearances) of the Zoning Code.
2. Application Filing. A zoning clearance application for a proposed housing
development, including the required application materialsand fees, shall be filed
with the Community Development Department in compliance with Chapter
21.38 (Application Filing, Processing and Fees) of the Zoning Code.
3. Building Permits. Issuance of a zoning clearance shall be required prior to
acceptance of an application for a building permit(s) for the proposed housing
development.
4. Approval. Before approving a zoning clearance, the Community Development
Director must make the following findings based on evidence in the record:
a. The housing development is eligible for streamlined ministerial review
pursuant to Section 65913.16 of the California Government Code.
b. The proposed housing development would not have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of
• Section 65589.5 of the Government Code, upon public health and safety
or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid.the specific, adverse impact.
c. If the application includes a request fora density bonus, incentive, waiver
or modification, that the requirements for density bonuses and/or other
incentives that are specified in Chapter 20.20 (Density Bonus and Other
Housing Incentives) have been or will be met.
d. If the application is subject to, or elects to exercise the provisions of, an
overlay/combining district, that the requirements of the applicable overlay
district(s) specified in Chapter 21.14 (Overlay/Combining Districts) have
been or will be met.
5. Appeals. As specified by Chapter 21.62 (Appeals) of the Zoning Code, zoning
clearances are ministerial and are not subject to an appeal.
B. City Requirements
1. General. Except as otherwise provided in this section, housing development
projects shall meet all applicable requirements including, but not limited to,
requirements of the General Plan and all objective site, design, and construction
standards included in Title 6 (Health and Sanitation), Title 11 (Streets and
Sidewalks), Title 14 (Sewers), Title 17 (Fire Protection), Title 18 (Building Codes
and Regulations), Title 20 (Subdivision and Land Development), and Title 21
(Zoning) of the Campbell Municipal Code. Housing development projects shall
also comply with all requirements included in applicable planning approvals, or
otherwise adopted by the City Council, and all administrative regulations
adopted pursuant to the implementation of this Ordinance.
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2. Definitions. Except as otherwise provided in this section, the definitions of
terms specified by California Government Code Section 65913.16 shall prevail
over any local definitions of the same terms.
3. Exceptions to General Plan
a. Density: Notwithstanding the density ranges established by the General
Plan Land Use Designation of the property, or any restriction imposed by
a site-specific overlay limiting the maximum developable acres for
residential use by the General Plan, the following criteria shall apply:
(1) If located in a zone that allows residential uses: The greater of
the density allowed by the land use designation or 30 units/acre.
(2) If located in a zone that does not allow residential uses: The
greater of the density allowed on an adjoining parcel or 40
units/acre.
4. Exceptions to Zoning Code
a. Building Height: The maximum allowable height may be increased by
the greater of one-story above the maximum building height allowed on
the parcel or the maximum building height allowed on an adjoining
parcel.
b. Parking Requirements: The total number of parking spaces required for
the proposed housing development project shall be the lesser of the
number of parking spaces required by the Zoning Code or one space per
unit. Except as provided by Section 5.B.3.c.(2), no parking shall be
required for any component of project if either of the following is true:
(1) The parcel is located within one-half mile walking distance of
public transit, either a high-quality transit corridor or a major
transit stop as defined in subdivision (b) of Section 21155 of the
Public Resources Code.
(2) There is a car share vehicle located within one block of the
parcel.
c. Primary Uses: Religious institutional uses, or any use that was
previously existing and legally permitted, shall be permitted by right when
all of the following criteria are met:
(1) The total square footage of nonresidential space on the site
does not exceed the amount previously existing or permitted in
• a conditional use permit. •
(2) The total parking requirement for nonresidential space on the
site does not exceed the lesser of the amount existing or of the
amount required by a conditional use permit.
(3) The new uses abide by the same operational conditions as
contained in the previous conditional use permit.
d. Ancillary Uses: The following ancillary uses shall be uses permitted by
right on the ground floor of the following zones:
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(1) In single-family zones: Childcare centers and facilities operated
by community-based organizations.
(2) In all other zones: Commercial uses permitted without an
Administrative Conditional Use Permit, Conditional Use Permit,
or other discretionary permit.
SECTION 7 (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 8 (STATE LAW). Any provision of this Ordinance which is inconsistent with Senate
Bill No. 4 (2023) shall be interpreted in a manner as to achieve compliance with state law.
The provisions of this Ordinance shall supersede and take precedence over any inconsistent
provision of the Campbell Municipal Code to that extent necessary to effect the provisions of
this Ordinance for the duration of its effectiveness.
SECTION 9 (REPEAL): If Senate Bill No. 4 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 10 (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 11 (EFFECTIVENESS): This Ordinance shall become effective on June 25, 2024
for a period of 45 days, unless 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
APPROVE'B.._- Cb0
Susan M. Landry, Mayor
ATTEST:
/44eleeaft7144d2666
Andrea Sanders, City Clerk
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