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HomeMy WebLinkAboutSummary of Interim Ordinance 26-2352 - Extending Interim Ordinance 23-2350PROOF OF PUBLICATION (2015.5 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 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 Superior court of the county of Santa Clara, State of California, on April 7, 1988, Case No. 651274; 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: June 24 — 2026 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: June 24, 2026 At San Jose, California SUMMARY OF INTERIM_ ORDINANCE NO.26-2352 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. Pin-2025-170 • (SEVERABILITY), if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid orunconstitutional by 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, i 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.' • (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 4.15 (commencing with Section 65912.155) is not considered a "project" under CEQA (Public Resources Code Section Z1000 et seq.). Alternatively, and only in the event the Ordinance were determined to be a "project" under CEQA, it is exempt pursuant to CEQAGuidelines 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. - (CONFORMANCE WITH THE LAW). Any provision of i this Ordinance that conflicts with applicable state or federal law shall be interpreted and applied to achieve compliance. the 'pro visibns of this Ordinance shall prevail over any inconsistent provision ofthe Campbeii Municipal Code for the duration of its effectiveness. (PUBLICATION) aThe City ClerW" hail cause this Ordinance to be published and shall be published, or summary thereof, 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 •; (EFFECTIVENESS). Eity Council Interim.Ordinance No. i 26-2350 is hereby extended for a period pf.10 mdrifhs and" ; fifteen days, commencing on July 17, 2026, the date City Council Interim Ordinance No. 26-2350 would otherwise expire, and $hall ezplre on June 1. 2027 unless extended or superseded-bya subsequent ordinance,whichever occurs'" first. PASSED AND ADOPTED this r q�026;1�ythe APPROVED: - Daniel E. Furtado, Mayor ATTEST: Andrea Sanders, 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 itsadoption. 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 Pedestrian 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 24-30, 2026 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. Identificationtand 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 andsupporting 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 ynt41` QUis necessary,to ensure compliance with statutor. nrnents jespond to any requests for addjt+ona[,info� tip nd preservfe et}ectiveness of ftteCitysexcfil WOW i actions directly addressthe regu ry under# baked faadoptiogot theinterim"ord v- 5. Preparafion f imptementation , Measure Taken. -The Planning DiOs orrcantinues to evaluate potentiallong-tefttrimplementatio, i measures related to SB 79, includingamendments 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.