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Home My WebLink AboutSummary of Ordinance 2321 - Implementing Senate Bill No. 450PROOF OF PUBLICATION (2075.5 c.c.p.) PROOF OF PUBLICATION State of California County of Santa Clara 1 am a citizen of the United States and a resident of the State of California: I am over the age of 18 years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of Metro Silicon Valley's Weekly Newspaper, 380 South First Street, San Jose, California 951 13 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the State of California by the Superior court of the coupof Santa Clara, State of California, on April 7, 7 988, Case No. 657274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates: January 22 - 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: January 22, 2025 At San Jose, California Y e' doue Mill r er SUMMARY•OFORDINANCENO 2321.:;;. OF THE CITY COUNCIL OFHE CITY OF CAMPBELL ADOPTING URGENCY MEASURES IMPLEMENTING SENATE BILL NO.450 BY REMOVING SPECIAL REQUIREMENTS AND PROCEDURES AND INCORPORATING UNIFORM: OBJECTIVE ZONING, SUBDIVISION, AND DESIGN STANDARDS FOR THE SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT. (FILE NO. PLN4024-185) SECTION 1(PURPOSE): Temporarily amends Titles 20 and 21 of the Campbell. Municipal Code to facilitate the construction of up to two residential units and urban 1.lot splits, as required by state law, while prohibiting non -uniform standards. Existing zoning and design . review standards not in conflict with this ordinance remain in effect. SECTION 2 (APPLICABILITY): This interim ordinance applies to the construction. alteration, and,expansion of all structures, as well as voluntary urban lot splits, within the R-1(Single-Family Residential) Zoning - District. Property owners may continue to exercise subdivision rights for conforming subdivisions under Title 20 and the California Subdivision Map Act Adopts thebddition of Chapter 20.13 (Subdivision "Standards); re isions to Section 20.16.030 (Action ;;rDn tentative parcel maps), and deletion of Section 20,16;035 (Exception to access requirements), as established by Interim Ordinance No. 2313 and extended by Interim Ordinance No.2317. These . changes remain in effect under this ordinance, notwithstanding the expiration of Interim Ordinance No. 2317. SECTION 4 (DEFINITIONS): Provides definitions that supersede those in Chapter 21.72, clarifying terms such as "attic," "completed application." and "building separation distirice;" which establish criteria for habitable space, application completeness, and. minimum building clearances. Definitions also address lot types, lot lines, setbacks, and usable open space,' categorizing various lot configurations (e.g., corner lot, `flag lot) and specifying yard requirements Additional terms like "public right-of-way," "porch,- and "street" are defined to ensure consistency in interpreting zoning and development standards. SECTION 5 (URBAN LOT SPLITS): Amends Chapter FI 20.14 to align With the California HOME Act, streamlining urban lot splits in R-1 zones to create smaller residential lots. It defines eligibility criteria, prohibiting urban lot splits on hazardous sites, historic properties, or flood zones unless specific exceptions apply. The ordinance imposes restrictions such as limits on adjacent lot splits, owner occupancy requirements; and prohibitions on demolishing tenant -occupied housing. Applications are processed ministerially with objective standards, conditions, and review timelines, while ensuring new parcels comply withzoning; design, and subdivisioinr ul irements. SECTION 6 (OBJECTIVE SUSOIIVISION STANDARDS): Adopts objective subdivision standards for urban lot splits, lot line adjustments, and conforming subdivisions in the Rd Zoning District are established in Table 1, including minimum lot area, width, public , street frontage, and allowable lot types. Prohibdecl lot types; flag lot conditions. and special rules for the' Campbell Village Neighborhood Plan ensure consistent zndcompliant parcel configAtions. j SECTION 7(NUMBER OF UNITS):Specifies that up -:ctotwo primary dwellingunits are allowed'intheR-1:' { zone, regardless of General Plan conflicts, except for historic properties. which are limited to one unit, while exceeding two units is permitted if consistent with the Gen era) Plan'sdensity.Parcels created through urban lot splits cannot exceed two units. and primary dwelling units may include detached single-family homes, i townhomes, or duplexes ,configu ed side -by -side, front-: to -back. or stacked SECTION8 (OBJECTIVE ZONING STANDARDS) { Mandates that all land uses, structures, and modifications in the R-1 Zoning District comply with Table 2's General Development Standards, which govern height, lofcoverage,setbacks:separation distances, and parking while overriding conflicting provisions in Section 21.08'050. Specific standards vary by zoningdesignation(e.g.,R-1-6,R-1-8,STANP.' l -CVNP), with detailed requirements for neighborhood plans, exceptions, and clarifications on measurements for setbacks, height. open space, and accessory structures. 1 SECTION 9 (REQUIRED PARKING). Establishes a requirement of one parking space per unit for the Single -Family Zoning District. SECTION 10 (OBJECTIVE DESIGN STANDARDS): Establishes objective design standards for new i primary dwelling units and alterations within the San Tomas Area Neighborhood Plan and Campbell Village Neighborhood Plan, addressing balconies,' building colors, garage proportions, roof forms, wall { materials, and other elements to maintain consistent I and compatible neighborhood aesthetics. Notably, i windows on upperstories across all R-1 zones must haveasix-foots ill heightwhen near property lines, and rooftop terraces, excessive grading, and certaini roof forms are prohibited to preserve privacy and . neighborhood character. SECTION 11(EXCEPTIONS)..Allows the Community Development Director to grant exceptions to development standards, in a prioritized order, to ensure the construction of up to two primary dwelling units with a minimum floor area of 800 square feet when physical constraints exist. Exceptions are granted i only to the minimum extent necessary, starting with setback reductions, parking modifications, and increases to Boor area. lot coverage, or stories, with other standards adjusted as a last resort. SECTION 12,(PROPERTY LINE ENCROACHMENTS): Amends Section 21.18.040.A to prohibit any part of,. a building. including eaves or roof overhangs, from i extending beyond a property line, into an access i easement, or the public right-of-way. SECTION 13 (CHAPTER 21.25): Repeals Chapter 21.25 (Two -Unit Housing Development) of the Campbell _ I Municipal Code. SECTION 14 (ZONING CLEARANCE APPROVAL): Allows ministerial approval of new or altered primary: dwelling_ --� units through a Zoning Ciearance'process.ensunng compliance with the interim ordinance, Campbell Municipal Code, and specified state requirements. The Community Development Directormustdecide ` within 60 days of a complete application, after which the application is automatically approved if no action is taken. SECTION15 (ZONING CLEARANCE DENIAL): Allows the Community Development Director to deny a Zoning Clearance only if the Building Official finds, with written evidence, that the proposed dwelling unit(s)would cause a specific, adverse impact on public health and' ! safety, with no feasible mitigation available. Adverse impacts to the physical environment cannot justify I denial. SECTION I6(SEVERABILITY):States that .ifany - part ofthe interimordinanceisfoundinvalid or unconstitutional by a court, the remaining portions I will remain in effect; as the City Council intends the ordinance to stand independently of any invalidated part: i SECTION 17 (STATE LAW). Ensuresthat any inconsistenciesbetweentheinterimordinanceand California GovernmentCodeSections 66452.6, j 65852.21. or 664I1:7 are resolved in favor of state law, limiting the construction of two units while allowingurbanlotsplits:iheinterimordinancetakes I precedence over conflicting provisions.in the Campbell i Municipal Code during its effective period. SECTION 18 (APPLICATIONS IN PROGRESS): Exempts land use permit applications submittedw' ithzll fees paid before the ordinance's effective date from its requirements. even if not deemed complete. Applicants may withdraw such applications voluntarily, and request a partial refund of fees per Section 21.38.030.D. SECTION I9(PUBLICATION):The City Clerk shall ' cause this interim ordinance ora summary thereof ': to be published at least once in a newspaper of r general circulation within 15days after its adoptionin , accordance with Government Code Section 36933. SECTION 20 (EFFECTIVENESS): This interim ordinance i shall become effective immediately upon adoption fora , period of45days, unless extended bythe City Council. PASSED AND ADOPTED this 15th day of October, 2024 by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola,: Furtado, Hines, NOES: Councilmembers: None ABSENT: Councilmembers: None ' ABSTAIN: Councilmembers: None APPROVED: Sergio Lopez. Mayor ATTEST: Andrea Sanders, City Clerk Publish Date: January22,2025.