CC Ordinance 2317 - Extending Urgency Measures to Implement SB No. 684 ' S
Ordinance No. 2317
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
EXTENDING 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) 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. 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, on July 16, 2024, the City Council adopted an interim ordinance to
implement Senate Bill'No. 684 (Ordinance No. 2313).
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until it is superseded by adoption of superseding ordinance, whichever comes first.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, this Ordinance serves to extend 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 as set forth by the interim ordinance (Ordinance No. 2313).
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 the interim ordinance (Ordinance No.
2313).
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 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 extension
of urgency measures serving to implement SB 684 (2023) 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): Extension of the 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 extension
of urgency measures serving to implement SB 684 (2023) 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. 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 5 (PUBLICATION): The City Clerk shall cause this 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.
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SECTION 6 (EFFECTIVENESS): Interim Ordinance No. 2313 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 20th day of August, 2024 by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED;.) eaA)
ki
Susan M. Landry, Mayor
ATTEST: �C�( Lee
Andrea Sanders, City Clerk
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