Loading...
CC Ordinance 2278 - Extending SB9 Urgency MeasuresORDINANCE NO. 2278 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 9 TO ALLOW FOR TWO -UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS. (FILE NO. PLN-2021-187) WHEREAS, on September 16, 2021, the Governor of the State California signed into law Senate Bill No. 9 (Atkins), "An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use," which requires ministerial approval of a housing development of no more than two units in a single- family zone (proposed housing development), the subdivision of a parcel zoned for residential use into two parcels (urban lot split), or both. WHEREAS, certain zoning and subdivision standards of the City of Campbell Zoning and Subdivision Codes, respectively, and their permitting procedures are inconsistent with the proposed housing developments and urban lot splits authorized by Senate Bill No. 9. WHEREAS, the provisions of Senate Bill No. 9 went into effect on January 1, 2022, and without locally codified objective design standards and implementation procedures, the law presented a current and immediate threat to the public peace, health, safety, and welfare, in that certain existing zoning and subdivision standards are in conflict with Senate Bill No. 9 and could create confusion and hinder the development of the additional residential units enabled under Senate Bill No. 9. 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 65852.210) and Section 66411.7(n) of the Government Code, a local agency may adopt an ordinance to implement Senate Bill No. 9. WHEREAS, on December 7, 2021, the City Council adopted an interim ordinance (Ordinance No. 2277) to approve urgency objective zoning standards, objective subdivision standards, and objective residential design standards as to allow for orderly housing development and subdivision of land as authorized by Senate Bill No. 9 while protecting the public peace, health, safety, or welfare in the City of Campbell. WHEREAS, it was not the intent of the interim ordinance to adopt permanent standards to govern the development of single-family zoned properties. The City Council reserves the right to adopt permanent standards consistent with Senate Bill No. 9 that will supersede those contained in this interim ordinance. WHEREAS, it was not the intent of the interim ordinance to deny approvals needed for the development of projects with a significant component of multifamily housing. WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may extend the interim ordinance for 10 months and 15 days after public notification and following a public hearing. WHEREAS, in light of the foregoing findings, the City Council finds that there is a continuing and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is in conflict with this ordinance would result in that threat to public health, safety, or welfare. WHEREAS, adoption of this ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.210) and Section 66411.7(n) relating to implementation of Senate Bill No. 9. 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 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 2 (REPEAL): If Senate Bill No. 9 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 3 (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 accordance with Government Code Section 36933. SECTION 4 (APPLICABILITY): The interim ordinance shall apply to any land use or subdivision proposal submitted on or after January 1, 2022 pursuant to Senate Bill No. 9. SECTION 5 (EFFECTIVENESS) : Ordinance No. 2277 is hereby extended to October 1, 2022 or until it is repealed by the City Council, whichever comes first PASSED AND ADOPTED this 1 st day of February, 2022 by the following roll call vote: AYES: Councilmembers: Gibbons NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ( D lc-j-o'�-)--� Dusty Christopherson, City Clerk Lopez, Landry, Bybee, Resnikoff APPROVED: Paul Resnikoff, Mayor Page 2 of 2