HomeMy WebLinkAboutProof of Publication - Ordinance 2312 - 06/26/2024PROOF OF PUBLICATION
Filing Stamp
(20155 c.c.p.)
PROOF OF PUBLICATION
State of California
County of Santa Clara
I 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
95113 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
ordinance No. 2312
Superior court of the county of
BEING AN interim ordinance of the cltir '
Santa Clara, State of California,
COUNCIL OFTHE CITYOFCAMPBELL
on April 7 1988 CNo.
p Case
,
Adoptingurgencymeasurestoimplenient
Senate Bill No. 4 (FILE NO. pin:2024-69)
651274; that the notice of which
annexed is a printed copy
WHEREAS, on October 11, 2023, the Governor of
the State California signed into law Senate Bill No. 4""
has been published in each
regular and entire issue of said
newspaper and not in any sup-
plement thereof on the follow-
ing dates:
June 26 - 2024
I certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated: June 26, 2024
At San Jose, California
D e Mill
(Wiener). " An act to add and repeal Section 65913.16
of the Government Code, relating to housing.," which
generally requires that a housing development
project that meets specified requirements be a use
by right upon'the request of an applicant who submits
an application for streamlined approval, on any
land owned by an independent institution of higher
education or religious institution on or before January
1, 2024, if the development satisfies specified criteria,
including that the development is not adjoined to any
site where more than one-third of the square footage
on the site is dedicated to industrial use. The. bill
also imposes streamlining requirements, prohibits
the local agency from imposing certain standards
and requirements, and authorizes the development
to include ancillary uses on the ground floor of the
development, as specified.
WHEREAS, certain standards, requirements; and
permitting procedures of the City of Campbell
Municipal Code, are inconsistent with the provisions
authorized by Senate Bill No.4 (2023).
WHEREAS, the provisions of Senate Bill No. 4 (2023)
shall be in effect on July 1, 2024, and without locally '
codified standards, requirements, and implementation
procedures, the law presents a current and immediate
threat to the publicpeace, 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. 4 (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, pursuant to Section 65852.21(j) and
Section §6411.7(n) of the Government Code, a local
agency may adopt an ordinance to implement Senate
Bill No. 4 (2023).
WHEREAS: this interim ordinance serves to establish
standards, requirements,and permitting procedures
to allow for. orderly housing development and activities
authorized by. Senate Bill No.4 (2023)while protecting
the publicpeace, health, safety, or welfare in the City
of Campbell.
WHEREAS, it is not the intent of this Ordinance to adopt
permanent standards, requirements, orpermitting
procedures. The City Council reserves the right to
adopt permanent standards,` requirements, and
permitting procedures consistent with Senate Bill No.
4 (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 develop mentprojects
that are in compliance with Senate Sill No: 4 (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 inthat threat to public
health, safety, or welfare. . ;
WHEREAS, adoption of this interim ordinance is not
a project underthe California Environmental Quality
Act (CEQA) pursuant to California. Government Code
Section 65852.21(j) and Section 66411.7(n) relating to
implementation of Senate Bill No:.4 (2023).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1(PURPOSE): This Ordinance establishes
interim exceptions to the General Plan & Zoning Code
to allow proposed housing developments as specified
by California Government Code Section 65913.16, as
established by Senate Bill No._4 (2023). The provisions
of this interim ordinance shall supersede any other
provision to the contrary in the Zoning Code or
Subdivision Code. Zoning standards and design review
standards provided for in the Zoning Code that are not
affected by this interim ordinance shall remain in effect.
SECTION 2 (APPLICABILITY): This Ordinance is
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 Section 65913.16
of the California Government Code. Owners of real
property or their representatives may continue
to exercise rights for property development in
conformance with the Zoning Code.
SECTION 3 (STATE LAW): This ordinance shall
implement all provisions of Section 65913.16 of the
California Government Code including, but not limited
to, statutes pertaining to definitions, permit process,
property eligibility, affordability, allowable density,
development standards, uses, unit replacement,
prevailing wage, parking, and affordability, which shall
govern the implementation of this ordinance.
SECTION 4 (AUTHORITY): This Ordinance shall .
be administered by the Community Development
Director,.who is hereby authorized to develop forms,
policies, and regulations for the implementation :o f this
Ordinance. Where a disagreement with the Community
Development Director's application of this Ordinance
occurs, the procedures for'an Interpretation provided
in Section 21.020,030 (Procedures for Interpretations)
of the Zoning Code shall be followed. including the
provisions for an appeal:
SECTION 5 (CLARIFICATIONS & AMENDMENTS):
This section serves to provide clarifications and
amendments to local permit processes, standards, and
requirements in order -to comply with prevailing state
statues and streamline.the processing of qualifying
projects under California Government Code Section -
65913,16 consistent with the:objectives of state law.
A. Application Process
1. Application Type, Qualifying housing development
projects,•as well any.eligible ancillary uses when limited
to theground floor of the development by zone, shall be
reviewed ministerially by the community development
director through consideration of a zoning clearance in-
compliance with Chapter 21.40 (Zoning clearances) of -
the Zoning Code.
2. Application Filing. A zoning`clearance application
for a proposed housing development including the
required applicationaterials and fees, shalf be filed
with the Community. Development Department in"
compliance with Chapter21.38 (Application Filing,
Processing and Fees)`of the Zoning Code.
3. Building Permits. Issuance of a zoning clearance
shall be required prior to acceptance of ad application
for a building permit(s) for the proposed housing
development.
4. Approval. Before. approving a zoning clearance, the
Community Development Director must make the:
following findings based on evidence in the record:
a. The housing development is eligible forstreamlined
ministerial review pursuant to Section 65913.16 of the
California Government Code. .
b. The proposed housing development would not have
a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589,5
of the Government Code, upon public health and safety
or the physical environment and for which there-isno
feasible method to satisfactorily mitigateor avoid the
specific, adverse impact:
c. if the application includes a request for a density
bonus, incentive, waiver or modification, that the -
requirements for density bonuses and/or other
incentives that are specified in Chapter 20.20 (Density
Bonus and Other Housing Incentives) have been or will
be met
d. If the application is subject to; or elects to exercise
the provisions of, an overlay/combining district, that
the requirements of the applicable overlay district(s)
specified in. Chapter.21.14 (Overlay/Combining .
Districts) have been or will be met.
5.,Appeals. As specified by Chapter 21.62 (Appeals) of
the Zoning Code,,zoning clearances are ministerial and
are not subject to an appeal.
B.City Requirements,
1. General. Except as otherwise provided in this
section, housing development projects shall meet all.
applicable requirements including, but not limited`. .
to, requirements of the General Plan and all objective
site, design, and construction standards included
in Title 6 (Health -and Sanitation), Title 11(Streets
and Sidewalks), Title 14 (Sewers), Title;17 (Fire
Protection), Title 18 (Building Codes and Regulations),
Title 20 (Subdivision and Land Development), and
Title 21(Zoning) of the Campbell Municipal Code.
Housing development projects shall also comply
with all requirements included inapplicable planning
approvals, or otherwise adopted by the City Council,
and all administrative regulations adopted pursuant to
the implementatioh'of this Ordinance.
2. Definitions. Except as otherwise provided in this
section; the definitions of terms specified by California
Government Code Section 65913.16 shall prevail over
any local definitions of the same terms.
3. Exceptions to General Plan
a. Density: Notwithstanding the density ranges
established by the General Plan Land Use Designation
of the property, or any restriction imposed by a site
specific overlay limiting the maximum developable
acres for residential use by the General Plan, the
following criteria shall apply:
(1) If located in a zone that allows residential uses:
The greater of the density allowed by the land ase
designation or 30 units/acre.
(2) If located in a zone that does not allow residential
uses: The greater of the density allowed on an adjoining
parcel or 40 units/acre.
4. Exceptions to Zoning Code
a. Building Height: The maximum allowable height may
be increased by,the greater of one-story above the
maximum building height allowed on the parcel or the
maximum building height allowed on an adjoining parcel.
b. Parking Requirements: The total number of parking
spaces required for the proposed housing development
project shall be the lesser of the number of parking
A'bytheZoningCode or one space perspaces regu8
unit. Except a's provided by Section 5.13.3.c.(2), no
parking shall be required for any component of project
if either of the following it. true:
(1) The parcel is located within one-half mile walking
distance of public transit, either a high=quality
transit corridor or a major transit stop as defined
in subdivision (b) of Section 21155 of the Public
Resources Code:
(2) There is a car share vehicle located within one
block of the parcel.
C. Primary Uses: Religious institutionatuses, or any use
that was previously existing and legally permitted, shall
be permitted by right when all of the following criteria
are met:
(1).,, The total squareJootageof nonresidential space
on the site does not exceed the amount previously
existing or permitted in a conditional use permit.
(2) The total parking:requirementfor nonresidential
space on the site does not exceed the lesser of the
amount existing or of the amount required by a
conditional use Permit.
(3) The new uses abide by the same operational
conditions a_ s contained in the previous conditional_use
permit,,
d. Ancillary. Uses: The following ancillary uses shall
be uses permitted by right on the ground floor of the
following zones:
(1) In single-family zones: Childcarecenters'and
facilities operated by community -based organizations.
(2) In all otherzones: Commercial uses permitted
without an Administrative Conditional Use Permit,
Conditional Use Permit, or other discretionary permit.
SECTION 7 (SEVERABILITY): If anysection, subsection,
sentence, clause, or phrase of this Ordinance is for
any reason held to be invalidor 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 everysection, subsection,
sentence, :clause, or phrase not declared invalid or
unconstitutional without regard to whetherany portion
of the ordinance would-be subsequently declared
invalid or unconstitutional.
.SECT,ION 8 (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 9 (REPEAL): If Senate Bill No. 4 is repealed or
C. Access to the public street for a rear lot shall not
be over an easement but overland under the same
ownership as that of rear lot; such access shall have a
minimum width of fifteen feet and4hall have a paved
way not less than ten feet in width.
D.The creation of a rear lot woiobeconsistent with all
applicable specific plans and/dr"area plans.
20.13.030 - Exception to,Site 46ess Requirement.
The applicable approving body may approve a
subdivision which creates lots which do not have
frontage on a public street when all of the following
requirements are satisfied:
A. The subdivision is;z6ned to allow multi -family
development multi -family residential uses.
B. Permanent vehicular and pedestrian access is
assured through recordation of reciprocal ingress/
egress easements for all parcels within the subdivision
boundary, including access rights for all property
owners, guests, employees, clients and customers of
all business entities or tenants lawfully located within
the subdivision boundary; and
of the Campbell Municipal Code is hereby amended to
read as follows with underlining (underlining) indicating i
new text and strikeouts (strikeouts) indicating deleted
text.
20.16.030 Action on tentative parcel maps,
The community development director shall approve
or deny an application to subdivide lands into four or
":fewer lots. Applications therefore shall be accepted
only upon payment of a fee in an amount prescribed by
resolution of the City Council
Before approval or conditional approval may be given,
such subdivision must be considered by the city {
engineer.
All conditions required by the ,city engineer shall be
incorporated in the community development director's.
conditional approval and findings. Denial by the city
engineer shall require denial of the tentative map.
The community development director shall have
authority in granting such application to impose
such conditions as are deemed necessary to protect
the best interests of the surrounding property or
neighborhood consistent with the general purpose {
C. Each independent parcel is self-sufficient in terms,of
parking requirements to serve the existing or proposed
uses on the parcel unless off -site parking is assured
through permanent parking easements located nearby
(within three hundred feet of the building's or center's
public entrance) on adjoining parcels: and
D.Utility connections are located within easements
ben efitting the independent parcels which exist or are
proposed within the subdivision; and
E. Where available, the utility company serving the
property shall be responsible for maintaining all utility
lines and related infrastructure up to the individual
services or laterals. Beyond this point, the property
owner is responsible for all maintenance of the utility
infrastructure.
F. Homeowner's Association.
1. Where a homeowner's association is established, the
following requirements shall apply.
a. Priorto issuance of a building permit(s) or
recordation of the Parcel Map of Final Map, whichever
occurs first, the property owners shall sign and record
Covenants; Conditions and Restrictions (CC&its) which
shall.
(1) Ensure the joint maintenance of reciprocal rights
of way and utilities within common easements, unless
such utilities are,maintained by the respective service
provider.
(2) Obligate the joint development and maintenance
of landscaping improvements along the ,public
street perimeter encompassing aliparcelswithin the
subdivision boundaries.
2. Where a homeowner association is not established.
the following standards shall apply:
a. All impervious surfaces outside of a building
roofline'or building envelope; shall be constructed
with pervious materials (pervious pavers,yervious
concrete) designed to fully meet the storrttwater
treatment requirements consistentwitit;Chapter 14.02
(Stormwater Pollution Control).
b. Priorto approval of the Parcel Map of -Final Map, the
property shall be annexed into the Oity'S;Gommunity
Facilities District No. 2 to'provide mainteApOpf
stormwater treatment facilities placed in ftublic
right-of-way.
G.Prior to issuance of a building permit(s) or
recordation of a subdivision map, whichever occurs .
first, the property owners shall sign and record a
"Covenants for the Operation and Maintenance of
Stormwater Facilities" and submita Stormwater
Management Plan to the satisfaction of the City
Engineer, which shall obligate the property owner and
successors in inferest to preserve and maintain the
stormwater facility and allow for periodic inspections
by City employees.
H.In instances when more than one of the proposed
parcels will remain under one ownership, the above
easements and/or covenants shall be placed in escrow
and recorded simultaneously with any transfer of
ownership of any of the affected parcels, at no cost to
the city.
SECTION 10 (ACTION ON TENTATIVE -PARCEL MAPS).
Section 20.16.035 (Exception to access requirement.)
and intent of this title, including, but not limited to,
adequate provisions for fire protection, easements
for public utilities and improvements of all proposed I
streets to the standard prescribed in Title 11 or 1
such lesser standards as may be approved by the
community development director.
Before such subdivision is approved, the applicant shall
pay ali unpaid county and municipal taxes except taxes
not yet payable.
A denial of such application may be appealed by the
applicant to the planning commission within ten
days after the mailing of notice of the'decision of the
community development director -to the applicant at i
the address shown on application.
The appeal shall be in writing. shall be filed with
the secretary-ofthe planning commission. shall
.generally set forth the grounds of appeal and shall be
accompanied by a filing fee in ac'card With theschedule
of fees as established bythe_City Council, no part of
'which is refundable.
Where the planning commission or decision -making
body grants approval subject to conditions, said
conditions shall be fulfilled within twenty-four months
after the decision of the planning commission or
decision -making body for a housing development
project, or within such time as the planning
commission may prescribe for a nonresidential project.
SECTION 11(EXCEPTiON TO ACCESS REQUIREMENT).
Section 20,16.035 (Exception to access requirement.)
of the Campbell Municipal Code is hereby repealed.
SECTION 12 (SEVERABILITY). If anysection,
subsection, sentence, clause, orphrase 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 13 (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 14 (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 accordancewith GoverrimenfCode
Section 36933.
SECTION 15 (EFFECTIVENESS), This Ordinance
shall become effective on June 18, 2024, and remain
effective for a period of 45 days, unless subsequently
extended by the City.Council.
PASSED AND ADOPTED this 18th day of June, 2024 by
the following roll call vote:
AYES: Counciimembers: Bybee, Furtado, Scozzola,
Lopez,Landry
NOES: Councilmembers: None'
ABSENT: Counciimembers: None
APPROVED: Susan M. Landry, Mayor
ATTEST: Andrea Sanders City Clerk