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HomeMy WebLinkAboutProof of Publication - Ordinance 2311 - 06/26/2024cc___,DIb PROOF OF PUBLICATION (2015.5 c.c.p.) Ordinance No. 23U PROOF OF PUBLICATION BEINGANInterim ordinance ofthe CITY State of California COUNCIL OF THE CITY OFCAMPBELL Adopting urgency measures to implement County of Santa Clara SenateBillN6.684(2023) I am a citizen of the United (FILE NO. pIn-2024-69) States and a resident Of the WHERi:As, on October 11, 2023 the Governor of the State California signed into IawSenate Bill No. 684 State of California: I am over (Caballero); to "add Sections 65852.28, 65913.4.5, the age of 18 years, and not and 66499.41 to the Government Code, relatingto land use,"which generally allows the streamlined.. party t0 Or interested in the approyal.processesfor small housing:development projects of ten or fewer residential units on urban above -entitled matter. I am the lotsunder, , I res.The bill.requireslocalagencies principal clerk of the printer of to review applications that comply with the bill's development requirements through a ministerial _ Metro Silicon Valley's Weekly process, eliminating the need for discretionary,!,,- hearinpoAddition ly,localagenciesarepermitted Newspaper, 380 South First to apply objective development and design standards Street, San Jose, California where applicable. 95113 a newspaper published P P P WHEREAS, certain standards, requirements and-.. ' permitting procedures of the City of Campbell in the English language in the Municipal Codeareinconsistentwiththeprovisions' . City of San Jose, and adjudged authorised by Senate Bill No. 684 (2023) I a newspaper a of general circula- P P g WHEREAS; the provisions of Senate Bill No. 684 (2023) shall be in" 'etfect on my 1;2024, and without locally` tion as defined by the laws of codifiedstandaras,requirements; andimplementation '. the State of California by the procedures, the law presents a current and immediate threatto.thepubiicpeace,he'alth,safety;andwelfare, Superior court of the count of p y in thatcertameiistingstandards,requirements.and permitting procedures of the City of Campbell Municipal Santa Clara, State of California, Code areinconflictwithSenate Bill No. 684(2023)and could create confusion and hinder the type of housing on April 7, 1988, Case No. developmentand activities the law authorizes 651274; that the notice Of which WHEREAS, pursuantto.Section65858ofthe . annexed is a printed copy Government Code and Section 21.60.090 of the-,,- Campbell Municipal Code, the City Council may take. has been published in each appropriate action to adopt urgency measuresasan-: regular and entire issue of said interim ordinance. newspaper and not in any sup- WHEREAS pursuant.toSections65852.28(e) ' 65913.4:5(b) and Section 66499.41(i) of the plement thereof on the follow- Government Code, a local agency may adopt an ing dates: ordinance to implement Senate Bill No. 684 (2023). June 26 — 2024 WHEREAS,, this interim ordinance serves to establish' standards; requirements, and permitting procedures' I certify (or declare) under to allow for orderly housing development and activities _ penalty of perjury that the authorized by Senate Bill No. 684 (2023) while pro tectingthe publicpeace;health,safety,orwelfare-in foregoing is true and correct. the City ofCampbell. WHEREAS., it is not the intent of this Ordinance to adopt Dated: June 26, 2024 permanent standards, requirements, or permitting procedures. The City Council reserves the right to adopt permanent standards, requirements, and permitting procedures consistent with Senate Bill At San Jose, California No.684(2023)that will supersede those contained in this interim ordinance.: ----�"" "�- WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of housing development projects ve Mi 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 interim ordinance is not a project under the California Environmental Quality Act (CEQA) pursuartt to California Government Code Sections 65852.28(e), 65913.4.5(b) and Section 66499.41(i) relating to implementation of Senate Bill No. 684 (2023): NOW, THEREFORE, THE CITY COUNCIL OF THE CiTY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1(PURPOSE). This Ordinance establishes interim exceptions, clarifications, and amendments to the City of Campbell's Subdivision Ordinance and Zoning Code to allow proposed housing developments as specified by California Government Code Sections 65852.28, 65913.4.5, and 66499.41, as established by Senate Bill No. 684 (2023), SECTION 2 (APPLICABILITY). Section 3 (State Law), Section 5 (Administration), Section 6 (General Eligibility), Section 7 (Application Process), and Section 8 (Exceptions to Requirements) of this Ordinance shall be applicable only to proposed housing development projects that apply for a permit from the City of Campbell under the streamlined, ministerial review process established pursuant to Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code. SECTION3 (STATE LAW). This Ordinance is intended to implement all provisions of Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code, which shall govern the implementation of this Ordinance. Nothing contained in this Ordinance shall be construed to supersede any requirement of the law including, but not limited to, site eligibility, density, affordability, and all applicable site development and design requirements. SECTION 4 (SUPERSEDE). The provisions of this Ordinance shall supersede and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effectuate the provisions of this Ordinance for the duration of its ` effectiveness. SECTION 5 (ADMINISTRATION). This Ordinance shall be administered by the Community Development Director, who is hereby authorized to develop forms, policies, and regulations for the implementation of this Ordinance and interpret its provisions to achieve compliance with state law. Where a disagreement with the Community Development Director's - application of this Ordinance occurs, the procedures for an Interpretation provided in Section 21.20.030 (Procedures for Interpretations) of the Zoning Code shall be followed, including the provisions for an appeal. SECTION 6 (GENERAL ELIGIBILITY). This section serves to clarify which sites are eligible for the streamlined, ministerial review process established pursuant to Sections 65852.28, 65913.4.5, and 66499.41 of the California Government Code. A. Site Eligibility. Thefollowing criteria serve to clarify provisions of state law used to determine site eligibility. 1. Land Use Designation. Properties with the following General Plan land use designations, and all sites with a multi -family residential zoning designation, shall be eligiblesites: a. low -Medium Density Residential (8-16 Units / Gr. Acre) b. Medium Density Residential (18-25 Units / Gr. Acre) c. Medium -High Density Residential (26-33 Units / Gr. Acre) d. High Density Residential (34-45 Units / Gr. Acre) e. Mobile Home Park (8-16 Units /Gr. Acre f. Professional Office Mixed Use (8-16 Units / Gr. Acre) g. Neighborhood Commercial Mixed -Use (18-25 Units / Gr. Acre) h. Medium -High Density Mixed -Use (26-33 Units / Gr. Acre) i. Central Business Mixed -Use (26-33 Units / Gr. Acre) j. General Commercial Mixed -Use (26-33 Units / Gr. Acre) k. High Density Mixed -Use (34-45 Units / Gr.'Acre) I. Commercial -Corridor Mixed -Use (45-60 Units / Gr: Acre) m. Transit -Oriented Mixed -Use (57-75 Units / Gr. Acre) 2. Legal Parcel. Parcels no larger than five (5) acres which have been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Subdivision Ordinance, as applicable at the time the parcel was created. The City Engineer may require certificate of compliance to verify conformance with this requirement. 3. Historic Property. Parcels that are not listed on the City of Campbell Historic Resource Inventory, as defined by Chapter 21.33 (Historic Preservation). SECTION 7 (APPLICATION PROCESS). This section serves to provide exceptions and clarifications to local permit processes to comply with prevailing state statues and streamline the processing of qualifying projects consistent with the objectives of state law. A. Permits Required. No other permit, or modification of any other permit, shall be required other than as specified below: 1. Zoning Clearance Application, A zoning clearance application, including the required application materials and fees, shall be filed with the Community Development Department in compliance with Chapter 21.38 (Application Filing, Processing and Fees) of the Zoning Code. A zoning clearance application may only be found complete if it satisfies the requirements of this Chapter and other applicable sections of the Campbell Municipal Code. 2. Tentative Parcel Map or Tentative Subdivision Map Application. When the project includes a subdivision, the applicant shall include the required application materials and fees for a Tentative Parcel Map when involving four or fewer lots or condominium units, and a Tentative Subdivision Map when involving five or more lots or condominium units concurrently with the application for a zoning clearance. The Tentative Parcel Map or Tentative Subdivision Map shall be reviewed_ by the city engineer as a ministerial action without discretionary review or a hearing. 3. Parcel Map or Final Map Application. Following the approval of a Tentative Parcel Map or Tentative . Subdivision Map, the applicant shall include all of the required application materials and fees fora Parcel Map when implementing a Tentative Parcel Map, and a Final Map when implementing a Tentative Subdivision Map. The Parcel Map or Final Map shall be reviewed by the city engineer as a ministerial action without discretionary review or a hearing. : 4. Building Permits. No demolition, grading, or construction shall be permitted without first receiving approval of a building permit. Further, the following procedural requirements shall apply: a. Submittal. Issuance of a zoning clearance shall be required prior to acceptance of an application for a building permit(s). b. issuance. No building permit shall be issued.until a tentative map has been approved. c. Building Permit Final. No building permit final, certificate of occupancy, or temporary certificate of occupancy shall be granted until a Parcel Map or Final Map has been recorded. SECTION (EXCEPTIONS TO REQUIREMENTS). This section serves to provide exceptions and adjustments to standards and requirements to comply with prevailing state statues and streamline the processing of qualifying projects consistent with the objectives of state law. A. Exceptions to Requirements. 1. Exceptions to Multi -Family Development and Design Standards (MFDDS). Housing development projects shall be alleviated from all requirements pertaining to Chapter (Zones), Chapter 5 (Building Types), Chapter 5 (Specific to Frontage Types), Chapter 7 (Architectural Standards) and Chapter 8 (Specific to Large Sites). within the Multi -Family Development and Design Standards (MFDDS), except as follows: a. Chapter 3, Section 3.020.7 (Design Sites), where the term "design sites" is used, the term shall instead refer to the new parcel(s) proposed by the housing development project. b. Within each form -based zone section of Chapter 3, (Sections 3.030 through 3.090), the following specific subsections shall remain applicable: (1) Building form (subsection W) (2) Building Placement (subsection'5,' Setback) (3) Encroachments (subsection'6') (4) Parking (subsection']') 2. Exceptions to Parking. One parking stall per primary; dwelling unit shall be required, except for proposed I housing developments located on parcels within one-half mile walking distance of either a public I transportation stop or one block of a car share vehicle operating in accordance with California Vehicle Code Section 22507.1. 3. Exceptions to Subdivision Ordinance. Housing i development projects shall be alleviated from the following: a. Minimum Lot Size. in no event shall a new parcel be less than six hundred (600) square feet in lot area. b. Number of parcels. The proposed subdivision shall result in ten (10) or fewer parcels. unless otherwise designated for internal circulation, open space, or 1 common area use. c. Number of Remaining Units Each parcel created through subdivision under Section 66499.41 of the Government Code shall contain at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open - space, or common area. 4. Adjustments to Standards. To the least extent necessary to comply with state law, adjustments to otherwise applicable site development and design standards shall be granted according to the following order of priority until the physical constraints) to are resolved, provided that if an exception does not remove a physical constraint, the exception shall not be granted. a. Reduction of the garage entry setback/minimum driveway depth to allow a minimum of twenty-five feet b. Reduction of the street side setback to allow a minimum setback of 4 feet exceptto ensure adequate site visibility for pedestrian and vehicular safety consistent with Figures 3-1 and 3-2 of Section 21.18,060 (Fences. walls, lattice and screens); c. Reduction of the front setback to allow a minimum setback of five feet; d. Increase to the maximum height as to allow one additional story than would otherwise be allowed: then e. Reduction or elimination of any other standard not otherwise identified. SECTION 9 (SUBDIVISION STANDARDS). Chapter 21.13 (Subdivision Standards) of the Campbell Municipal._ Code is hereby added to read as follows: . 20.13.010 Purpose This Chapter establishes standards for subdivision of properties in Campbell. -' - 20.13.010 Applicability. The requirements of this Chapter shall apply to all subdivisions, including parcel maps and final maps. No subdivision, except as provided for by Chapter 20.14 (Urban Lot Splits), shall be approved except when i meeting the requirements of this section. i 20.13.020 Site Access. All lots created by a subdivision shall have frontage upon a street dedicated as a public street, provided that the community development director may approve not more than one lot without such required frontage on a public street, hereinafter referred to as "rear lot," under the following conditions: A. The front lot shall meet all of the requirements of the zoning district within which it is located. B.The rear lot shall meet all of the requirements of the zoning district within which it is located and, in addition, shall have an area which exceeds the lot area requirement by ten percent exclusive of any access to a public street. C. Access to the public street for a rear lot shall not of the Campbell Municipal Code is hereby amended to be over an easement butover land under the same read as follows with underlining (underlining) indicating ownership as that of rear lot: such access shall have a new text and strikeouts (strikeouts) indicating deleted minimum width of fifteen feet and shall have a paved text. way not less than ten feet in width. 20.16.030 Action on tentative parcel maps. D.The creation of a rear lot would be consistent with all The community development director shall approve applicable specific plans and/or area plans. or deny an application to subdivide lands into four or fewer lots. Applications therefore shall be accepted 20.13.030 - Exception to Site Access Requirement, only upon payment of a fee in an amount prescribed by The applicable approving body may approve a subdivision which creates lots which do not have resolution of the City Council. Before approval or conditional approval maybe given, frontage on a public street when all of the following such subdivision must be considered by the city requirements are satisfied: A.The subdivision is zoned to allow multi -family engineer. All conditions required by the city engineer shall be development multifamily residential uses. incorporated in the community development director's conditional approval and findings. Denial by the city B. Permanent vehicular and pedestrian access is engineer shall require denial of the tentative map. assured through recordation of reciprocal ingress) egress easements for all parcels within the subdivision The community development director shall have boundary, including access rights for all property authority in granting such application to impose owners, guests, employees, clients and customers of such conditions as are deemed necessary to protect all business entities or tenants lawfully located within the best interests of the surrounding property or the subdivision boundary; and neighborhood consistent with the general purpose and intent of this title, including, but not limited to, C.Each independent parcel is self-sufficient in terms of adequate provisions for fire protection, easements parking requirements to serve the existing or proposed for public utilities and improvements of all proposed uses on the parcel unless off -site parking is assured streets to the standard prescribed in Title 11 or through permanent parking easements located nearby such lesser standards as maybe approved by the (within three hundred feet of the building's or center's community development director. public entrance) on adjoining parcels: and _ Before such subdivision is approved, the applicant shall I pay all, unpaid county and municipal taxes except taxes I D.Utility connections are located within easements benefitting the independent parcels which exist or are not yet payable. A denial of such application.may be appealed by the proposed within the subdivision: and applicant to the planning commission within ten days after the mailing of notice of the decision of the I E. Where available, the utility company serving the community development director to the applicant at property shall be responsible for maintaining all utility. _ the address shown on the application. lines and related infrastructure up,to the,individual The appeal shall be in writing, shall be filed with services or laterals. Beyond this point; the property the secretary of the planning commission, shall owner is responsible for all maintenance of the utility generally set forth the grounds of appeal and shall be infrastructure. accompanied by a filing fee in accord;wrth the schedule- of fees as established by the City Council no`part of F. Homeowner's Association, which is refundable. ; Where tfte planning commission or decision making ,, I 1., Where a homeowner's association is established, the body grants approvalsubject to conditions said j following requirements shall apply. _ conditions shall be fulfilled within twenty-four months j a. Prior to. issuance of a building permit(s) or after the decision of the planning commission or decision -making body for a housing development recordation of the Parcel Map of final Map, whichever occurs first, the property owners shall sign and record project, or within such time as the planning Covenants, Conditions and Restrictions (CC&Rs) which commission may prescribe for a nonresidential project. shall (1) Ensure the joint maintenance of reciprocal rights EXCEPTION TO ACCESS REQUIREMENT). 11 SECTION ( of way -and -utilities within common easements, unless Section 20.16.035 (Exception to access requirement.) such utilities are maintained by respective service of the Campbell Municipal Code is hereby repealed. provider. (2) Obligate the joint development and maintenance, , SECTION 12(SEVERABILITY),Ifany section, subsection, sentence, clause, or phrase of this of landscaping improvements along the public street perimeter encompassing all parcels within the Ordinance is for any reason held to beinvalid or - subdivision boundaries. unconstitutional bya decision of any court of competent jurisdiction, such decision shall not affect 2, Where a homeowner association is not established; the validity of the remaining portions of the Ordinance. j the following standards shall apply: The City Council hereby declares that it would have :' h a. All impervious surfaces outside of a building passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not roofline or building envelope, shall be constructed with pervious materials (pervious pavers, pervious declared invalid or unconstitutional without " concrete) designed to fully meet the stormwater . to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional treatment requirements consistent with Chapter 14.02 (Stormwater Pollution Control). b. Prior to approval of the Parcel Map or Final Map, the SECTION 13 (REPEAL). If Senate Bill No' 684 (2023) is i property shall be annexed into the City's Community repealed or otherwise rescinded by the California State Facilities District No. 2 to provide maintenance of Legislature or -by -the People of the State of California, Stormwater treatment facilities placed in the public this Ordinance shall cease to be in effect. right-of-way. SECTION 14 (PUBLICATION). The City Clerk shall cause G.Prior to issuance of a building permit(s) or, this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after recordation of a subdivision map, whichever occurs first, theproperty owners shall sign and record a its adoption in accordance with Government Code "Covenants for the Operation and Maintenance of Section 36933. } Stormwater Facilities" and submit a Stormwater Management Plan to the satisfaction of the City SECTION 15 (EFFECTIVENESS). This Ordinance Engineer, which shall obligate the property owner and shall become effective on June I8, 2024, and remain effective for a period of 45 days,,unless subsequently successors In interest to preserve and maintain the stormwater facility and allow for periodic inspections extended by the CityCouncil, - by City employees. PASSED AND ADOPTED thisl8th day of June, 2024 by H.In instances when more than one of the proposed the following roll call vote: - l AYES: Councilmembers Bybee, Fuetado, Scozzola, parcels will remain under one ownership, the above' Lopez, Landry easements and/or covenants shall be placed in escrow and recorded simultaneously with any transfer of `' NOES: ` Councilmembers:None ownership of any of the affected parcels, at no cost to ABSENT: ,Councilmembers: None the city. APPROVED: Susan M. Landry, Mayor SECTION 10 (ACTION ON TENTATIVE PARCEL MAPS). ATTEST: Andrea Sanders, City Clerk ! Section 2O.16.035 (Exception to access requirement) ......'""" "' " .