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CC Ordinance 2323 - Extend Interim Ordinance No. 2321 - SB No. 450 ORDINANCE NO. 2323 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 450 (2024) BY REMOVING SPECIAL REQUIREMENTS AND PROCEDURES AND INCORPORATING UNIFORM OBJECTIVE ZONING, SUBDIVISION, AND DESIGN STANDARDS FOR THE SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT. (FILE NO. PLN-2024-185) WHEREAS, on September 16, 2021, the Governor of the State of California signed into law Senate Bill No. 9, "An act'to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use," which requires ministerial approval of a housing development of no more than two units in a single-family zone (proposed housing development), the subdivision of a parcel zoned for residential use into two parcels (urban lot split), or both. WHEREAS, on September 19, 2024, the Governor of the State of California signed into law Senate Bill No. 450, "An act to amend Sections 65852.21 and 66411.7 of the California Government Code, relating to land use," which prohibits the imposition of non- uniform objective zoning, design, and subdivision standards on proposed housing developments and urban lot splits in single-family residential zones, establishes a 60-day timeline for local agency review and action, and updates requirements for demolition and environmental findings. WHEREAS, Senate Bill No. 450 further specifies that objective zoning, design, and subdivision standards must relate to parcel design and improvements and allows local agencies to impose more permissive standards than the underlying zoning. WHEREAS, Senate Bill No. 450 deems urban lot split and two-unit housing development applications approved if not acted upon within the 60-day period and requires agencies to provide detailed feedback for any denied applications to ensure applicants can address deficiencies. WHEREAS, certain zoning and subdivision standards of the City of Campbell Zoning and Subdivision Codes, respectively, and their permitting procedures are inconsistent Sections 65852.21 and 66411.7 of the California Government Code, as amended by Senate Bill No. 450. WHEREAS, the provisions of Senate Bill No. 450 shall be in effect on January 1, 2025, and without locally codified objective design standards and implementation procedures, the law presents a current and immediate threat to the public peace, health, safety, and welfare, in that certain existing zoning and subdivision standards are in conflict with Senate Bill No. 450 and could create uncertainty for applicants, potential legal conflicts, and delays in implementing state-mandated housing solutions. WHEREAS, pursuant to Section 65852.21(j) and Section 66411.7(n) of the California Government Code, a local agency may adopt an ordinance to the law. WHEREAS, pursuant to Section 65858 of the California 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, 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 ordinance, or until it is superseded by adoption of superseding ordinance, whichever comes first. WHEREAS, in light of 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 the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is in conflict with this ordinance would result in that threat to public health, safety, or welfare. WHEREAS, this interim ordinance establishes urgency measures to eliminate the imposition of non-uniform objective zoning, design, and subdivision standards, establish a 60- day timeline for local agency action, and modify requirements for demolition and environmental findings. WHEREAS, it is not the intent of this interim ordinance to deny approvals needed for the development of projects with a significant component of multifamily housing. WHEREAS, adoption of this interim ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(k), as it pertains to the implementation of Senate Bill No. 450. WHEREAS, on January 13, 2025, the City Council adopted an interim ordinance to implement Senate Bill No. 4 (Ordinance No. 2321). 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. 2321 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. 450 (2024). 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. Page 2 of 3 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 65852.21(k), as it pertains to the implementation of Senate Bill No. 450. SECTION 3 (STATE LAW). Any provision of this Ordinance which is inconsistent with Senate Bill No. 450 (2024) 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. 450 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. SECTION 6 (EFFECTIVENESS): Interim Ordinance No. 2321 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 18th day of February, 2025 by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Sergio Lopez, Mayor ATTEST: ( nejla 2 Andrea So d rs, City Clerk Page3of3