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HomeMy WebLinkAboutCC Ordinance 26-2352 - Public Hearing to Consider Adoption of an Interim Ordinance to Extend Interim Ordinance No. 26-2350ORDINANCE NO. 26-2352 BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING INTERIM ORDINANCE NO. 26- 2350 WHICH ESTABLISHED URGENCY MEASURES IN RESPONSE TO SB 79, THE ABUNDANT AND AFFORDABLE HOMES NEAR TRANSIT ACT OF 2025. FILE NO. PLN-2025-170 WHEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. 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 (hereinafter "Ordinance"). WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution and Government Code Sections 65302 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. WHEREAS, Senate Bill 79 (SB 79), the Abundant and Affordable Homes Near Transit Act, of 2025 and codified in Government Code Chapter 4.1.5 (commencing with Gov. Code Section 65912.155), operative July 1, 2026, establishes statewide minimum residential density and development standards for properties located within one-half mile of qualifying transit - oriented development (TOD) stops. WHEREAS, SB 79 establishes substantial increases in allowable residential density and building height within large portions of the City, including areas not previously planned or evaluated for such development intensity. WHEREAS, SB 79 authorizes local jurisdictions to exclude certain sites from SB 79 applicability through adoption of a local ordinance, subject to review and approval by the California Department of Housing and Community Development (HCD), prior to the statute's effective date of July 1, 2026. WHEREAS, SB 79 permits exclusion of sites within one-half mile of a qualifying transit stop where the site lacks a pedestrian walking path of less than one mile to the transit stop, pursuant to Government Code § 65912.160(e)(1), provided the determination is supported by substantial evidence. WHEREAS, SB 79 also permits exclusion of sites designated on a local historic register as of January 1, 2025, pursuant to Government Code § 65912.161(b)(1)(F), until one year following the adoption of the seventh -cycle housing element. WHEREAS, SB 79 requires that any local exclusion ordinance be submitted to HCD for review, and provides HCD 90 days to determine whether the exclusions are consistent with statutory requirements. City Council Interim Ordinance No. 26-2352 PLN-2025-170 — Extending Interim Ordinance No. 26-2350 (SB 79) Page 2 of 4 WHEREAS, on June 2, 2026, the City Council adopted Interim Ordinance No. 26-2350, establishing urgency measures; identifying specific sites for exclusion from the applicability of Senate Bill 79; amending Section 21.02.020.E (Conflicting Requirements) of the Campbell Municipal Code to clarify the applicability of state and federal preemptions to the zoning code, including in connection with the implementation of Senate Bill 79; amending the Zoning Map to add a reference to Historic Structures of Merit; and authorizing submittal to the California Department of Housing and Community Development for statutory review. WHEREAS, adoption of Interim Ordinance No. 26-2350 on an urgency basis was necessary to preserve the City's ability to timely submit the ordinance to HCD and obtain review and confirmation prior to the July 1, 2026, effective date of SB 79. WHEREAS, Interim Ordinance No. 26-2350, as an interim ordinance, is effective for an initial period of 45 days and, unless extended, will expire on July 17, 2026. WHEREAS, the subject Interim Ordinance serves to extend urgency measures which are protecting the public peace, health, safety, or welfare in the City of Campbell as set forth by Interim Ordinance No. 26-2350. WHEREAS, Government Code Section 65858(d) requires the City Council to issue a written report at least ten (10) days prior to the expiration or extension of any interim ordinance, describing the measures taken to address the conditions that led to its adoption. WHEREAS, this Ordinance, together with the Written Report included as Exhibit A, describe the measures taken by the City to address conditions that led to the adoption of Interim Ordinance No. 26-2350, in compliance with Government Code Section 65858(d), including activity studying General Plan and zoning changes, working to develop a local transit -oriented development plan, and appropriating funds for consultant services for implementing actions in response to SB 79. WHEREAS, the Planning Division is actively studying General Plan or zoning changes necessary to comply with SB 79 and ensure that it is implemented in a manner that maximizes the production of affordable housing, with such review to be completed within a reasonable period of time, not to exceed 10 months and fifteen days from the adoption of this interim ordinance, unless extended or superseded by a subsequent ordinance, whichever occurs first. WHEREAS, the Planning Division is working to develop a local transit -oriented development alternative plan, as provided by SB 79, to ensure orderly and legally compliant implementation of SB 79, and approval of additional projects under existing regulations that conflict with those pending actions would undermine the City's ability to protect the public health, safety, and welfare. WHEREAS, the Planning Division has updated the City's public zoning map to indicate which sites or transit -oriented development zones are and are not covered by Section 65912.157. City Council Interim Ordinance No. 26-2352 PLN-2025-170 — Extending Interim Ordinance No. 26-2350 (SB 79) Page 3 of 4 WHEREAS, the Planning Division has submitted draft and adopted copies of Interim Ordinance No. 26-2350 to HCD for review, as required by SB 79, and within the associated statutory deadlines, and intends to work with HCD to address any deficiencies identified, if any, as part of the preparation of a permanent Ordinance to supersede Interim Ordinance No. 26-2350. WHEREAS, the City Council finds that this ordinance would not have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing. WHEREAS, pursuant to Government Code Section 65912.15(c)(2), an Ordinance enacted to make a local zoning code consistent with Chapter 4.1.5 (commencing with Section 65912.155) shall not be considered a "project" under Division 13 (commencing with Section 21000) of the Public Resources Code. WHEREAS, this Interim Ordinance extends provisions adopted to make the City's zoning code consistent with Government Code Chapter 4.1.5 (commencing with Section 65912.155), and therefore, pursuant to Government Code Section 65912.15(c)(2), is not subject to review under the California Environmental Quality Act (CEQA). WHEREAS, in the alternative, and only in the event that this Interim Ordinance were found to constitute a "project" under the California Environmental Quality Act (CEQA), the City Council finds that it would be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (the "common sense" exemption), because it can be seen with certainty that the Ordinance would not result in a significant effect on the environment. WHEREAS, the City Council further finds that in the event this Ordinance were found to constitute a "project" it may also be found categorically exempt from CEQA pursuant to CEQA Guidelines Section 15308, as it constitutes a regulatory action taken by a public agency to protect the environment while permanent regulations are developed. WHEREAS, in consideration of the adoption of the subject Interim Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record. 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. City Council Interim Ordinance No. 26-2352 PLN-2025-170 — Extending Interim Ordinance No. 26-2350 (SB 79) Page 4 of 4 SECTION 2 (CEQA). This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) because, pursuant to Government Code Section 65912.15(c)(2), an ordinance adopted to make a local zoning code consistent with Government Code Chapter 4.1.5 (commencing with Section 65912.155) is not considered a "project" under CEQA (Public Resources Code Section 21000 et seq.). Alternatively, and only in the event the Ordinance were determined to be a "project" under CEQA, it is exempt pursuant to CEQA Guidelines Section 15061(b)(3) (common sense exemption), as it can be seen with certainty that the Ordinance would not result in a significant effect on the environment, and pursuant to CEQA Guidelines Section 15308, as a regulatory action taken by a public agency to protect the environment. SECTION 3 (CONFORMANCE WITH THE LAW). Any provision of this Ordinance that conflicts with applicable state or federal law shall be interpreted and applied to achieve compliance. The provisions of this Ordinance shall prevail over any inconsistent provision of the Campbell Municipal Code for the duration of its effectiveness. SECTION 4 (PUBLICATION). The City Clerk shall cause this Ordinance to be published and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in a newspaper of general circulation, such as the Metro Silicon Valley, for the City of Campbell, County of Santa Clara. SECTION 5 (EFFECTIVENESS). City Council Interim Ordinance No. 26-2350 is hereby extended for a period of 10 months and fifteen days, commencing on July 17, 2026, the date City Council Interim Ordinance No. 26-2350 would otherwise expire, and shall expire on June 1, 2027, unless extended or superseded by a subsequent ordinance, whichever occurs first. PASSED AND ADOPTED this 16th day of June, 2026, by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None 1 APPROVED r Daniel E. Fu ado, Mayor ATTEST- Z C! Andrea S ders, City Clerk Written Report Prepared in compliance with Government Code Section 65858(d)) Pursuant to Government Code Section 65858(d), the City reports the following measures undertaken since the adoption of Interim Ordinance No. 26-2350, and how such measures address the conditions that led to its adoption. 1. Study of General Plan and Zoning Code Amendments Measure Taken: The Planning Division reviewed and analyzed advisory guidance published by the California Department of Housing and Community Development (HCD) regarding implementation of Senate Bill 79 (SB 79), as well as revised draft Transit -Oriented Development (TOD) Zones and Pedesti ian Access Point mapping prepared by the Metropolitan Transportation Commission (MTC). Staff updated the City's analysis of properties potentially subject to SB 79 and properties eligible for exclusion under applicable statutory criteria. How This Addresses the Conditions: Interim Ordinance No. 26-2350 was adopted in response to the significant and immediate changes in development standards imposed by SB 79 and the uncertainty regarding how those standards would apply within Campbell. The publication of HCD guidance and revised MTC mapping provided new information that materially affected the City's analysis. Reviewing and incorporating this information directly addresses the conditions that led to adoption of the ordinance by ensuring that implementation of SB 79 is based on the most current guidance and mapping available. 2. Development of a Local Transit -Oriented Development (TOD) Alternative Plan Measure Taken: The City refined its identification of properties eligible for exclusion from SB 79 based on statutory criteria, including walking path limitations and historic designation status. Staff updated mapping and supporting documentation identifying properties that are subject to SB 79 and those proposed for exclusion. How This Addresses the Conditions: A principal purpose of the interim ordinance was to preserve the City's ability to identify and document qualifying exclusion sites before SB 79 became effective. Updating and maintaining these records provides transparency to property owners, supports implementation of State law, and establishes the factual basis necessary for HCD review of the City's exclusion determinations. 3. Identification and Mapping of Eligible and Excluded Sites Measure Taken: Following publication of HCD guidance and receipt of revised MTC mapping, the City prepared and adopted a revised interim ordinance reflecting the updated information and authorized its submission to HCD for statutory review. How This Addresses the Conditions: Because the new guidance and mapping materially affected the City's implementation of SB 79, adoption of a revised ordinance was necessary to ensure that the City's exclusion determinations and implementation measures accurately reflected current information. This action directly addresses the urgency that prompted adoption of the original ordinance and preserves the City's ability to seek recognition of eligible exclusions under State law. 4. Submission of Ordinance to HCD and Ongoing Coordination Measure Taken: The City has submitted ordinance materials and supporting documentation to HCD and continues to monitor and coordinate with HCD regarding review of the City's SB 79 implementation measures and exclusion determinations. How This Addresses the Conditions: SB 79 requires HCD review of local exclusion ordinances. Continued coordination with HCD is necessary to ensure compliance with statutory requirements, respond to any requests for additional information, and preserve the effectiveness of the City's exclusion determinations. These actions directly address the regulatory uncertainty that led to adoption of the interim ordinance. 5. Preparation for Consultant Services to Support Implementation Measure Taken: The Planning Division continues to evaluate potential long-term implementation measures related to SB 79, including amendments to the General Plan, Zoning Code, and other planning documents, as well as potential preparation of a transit - oriented development alternative plan authorized by State law. How This Addresses the Conditions: SB 79 substantially alters development standards within transit -served areas of the City. Evaluation of permanent implementation measures is necessary to ensure that future growth occurs in a coordinated manner that accounts for infrastructure, circulation, public services, historic resources, and community planning objectives. This work directly addresses the conditions that necessitated the interim ordinance and supports development of a long-term regulatory framework. SAN JOSE 33 Winchester Station LOS GATOS Campbell Station Hamilton Station Bascom Station SAN JOSE N —L— Miles 0 0.25 0.5 CITY OF CAMPBEL Parcels Changed Category Parcels Addition (6) Parcels Removal (2) Pedestrian Access Point Parcels Within 200 Foot Buffer Parcels Within 1/4 Mile Buffer Parcels Within 1/2 Mike Buffer F< alushat t"p:zas w* Map and put:W b-- arc, wanoie and ratS,a y4ewj At,"ft- 1ha '� slx gat be elw Upw to C*wWwAse "96*4 x CO-4*r with dSWwW-0-based mq,e A,, Revrod Mft 202A