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Home My WebLink AboutCC Ordinance 2339 - Extending Urgency Measures to Implement Senate Bill No.450 (2024)ORDINANCE NO. 2339 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. 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 became effective January 1, 2025, and without ongoing 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 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, pursuant to Section 65852.210) and Section 66411.7(n) of the California Government Code, a local agency may adopt an ordinance to implement the law; WHEREAS, the City is continuing its study to update zoning code provisions to conform to recent changes in State law, which is expected to be completed within a reasonable time, not to exceed one year from the adoption of this interim ordinance, or until it is superseded by the adoption of a permanent ordinance, whichever occurs 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 interim ordinance would result in that threat to public health, safety, or welfare; WHEREAS, this interim ordinance continues urgency measures intended 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. 450 (Ordinance No. 2321), which it subsequently extended for a period of ten months and fifteen days through adoption of Ordinance No. 2323 at its meeting of February 18, 2025; WHEREAS, the City Council now desires to extend Interim Ordinance No. 2321 for an additional period of one year, following public notice and hearing, to allow continued time for preparation and adoption of permanent zoning and subdivision standards; 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; and WHEREAS, this interim ordinance is adopted by a four -fifths vote of the City Council in accordance with Section 65858 of the Government Code and shall take effect immediately upon its adoption. 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 Page 2 of 3 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 interim 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 interim 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 interim 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 interim 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 (APPLICATIONS IN PROGRESS): Notwithstanding Section 21.01.050.E (Effect of Zoning Code Changes on Projects in Progress), this interim ordinance shall not apply to any land use permit application filed with the Planning Division and for which all required fees were paid before January 13, 2025, regardless of whether the application has been deemed complete, or to any subsequent land use permit application submitted after January 13, 2025, and for which all required fees were paid, where a related request for a determination of "new structure using portions of the original structure" pursuant to Chapter 18.32 (Determination of Scope of Work) was filed with the Building Division prior to January 13, 2025, provided that the land use permit application is filed with the Planning Division no later than December 31, 2025. SECTION 7 (EFFECTIVENESS): Interim Ordinance No. 2321, as previously extended by Interim Ordinance No. 2323 for a period of ten months and fifteen days, is hereby extended for an additional period of one year, or until it is superseded by adoption of a superseding ordinance, whichever comes first. PASSED AND ADOPTED this 2nd day of December, 2025 by the following roll call vote: AYES: Councilmembers: Bybee, NOES: Councilmembers: None ABSENT: Councilmembers: None Hines, Scozzola, Furtado, Lopez APPROVED: ATTEST: t Q Andrea Sags, City Clerk Sergio Lopez, Mayor Page 3 of 3