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CC Ordinance 2314 - Extending Urgency Measures to Implement SB No. 4 ORDINANCE NO. 2314 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING 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 the development 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) went into 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, the City is undertaking a study to update its current zoning code provisions to conform to the changes in the State law, which shall be completed within a reasonable time, not to exceed 10 months and fifteen days from the adoption of this interim ordinance, or until it is superseded by adoption of superseding ordinance, whichever comes first. 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, on June 18, 2024, the City Council adopted an interim ordinance to implement Senate Bill No. 4 (Ordinance No. 2312) WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may extend the previously adopted interim ordinance for 10 months and 15 days after public notification and following a public hearing. WHEREAS, the City Council finds and determines that the extending Interim Ordinance No. 2312 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code. 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 ordinance may be found categorically exempt under the California Environmental Quality Act(CEQA) pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City's Municipal Code may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this 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 2 (CEQA): Adoption of this interim ordinance is categorically exempt under the California Environmental Quality Act(CEQA) pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City's Municipal Code may have a significant effect on the environment. SECTION 3 (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 4 (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 5 (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. Page 2 of 3 SECTION 6 (EFFECTIVENESS): Interim Ordinance No. 2312 is hereby extended for 10 months and fifteen days, or until it is superseded by adoption of superseding ordinance, whichever comes first. PASSED AND ADOPTED this 16th day of July, 2024 by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: J('l .11 t l� Susan M. Landry, Mayor ATTEST: 0,44Cet0 Andrea Sand rs, City Clerk Page 3 of 3 SB 4 - Housing on Faith & Higher Ed. Lands Act (Gov. Code section 65913.16) SB 4 (2023), entitled the "Housing on Faith and Higher Education Lands Act" will require the City to ministerially consider (without a public hearing) applications for projects that meet the following criteria: • Property Requirements: o Located on land owned on or before January 1, 2024, by a "qualifying" faith- based or higher educational institution. • Project Requirements: o 100% affordable (Up to 20% moderate with the remainder reserved for lower income; excepting manager unit) • Density Requirements: o If located in a zone that allows residential uses: • The greater of the density allowed by the land use designation or 30 units/acre. o 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. • Development Standard Requirements: • Building Height: The greater of one-story above the maximum building height allowed on the parcel or the maximum building height allowed on an adjoining parcel. • Use Requirements: o Proposes residential uses; and/or o Ancillary uses on the ground floor of the following zones: • Single-Family Zones: Childcare centers and facilities operated by community-based organizations. • Other Zones: Commercial uses permitted without a Conditional Use Permit • Additional Requirements: o Housing Crisis Act unit replacement requirements apply o Location restrictions near industrial uses o Site must meet SB 35 requirements o Must pay prevailing wage o Must satisfy parking requirements at outlined in the bill o Streamlining (shortened review process for determination of consistency and design review)