The purpose of this Chapter is to:

A.

Specify how the city will implement the review and approval requirements of California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), and 65913.4 ("State Streamlined Ministerial Approval Process"); and

B.

Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the city's General Plan Housing Element as may be amended from time to time.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

All terms used in this Chapter that are defined in in Chapter 21.72 (Definitions) shall have the meaning established in Chapter 21.72 (Definitions). Where terms defined in Chapter 21.72 (Definitions) are inconsistent with terms that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process, the terms established by their respective sections shall prevail.

B.

Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:

1.

"Applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits and application for Ministerial Approval.

2.

"Ministerial Approval" means any approval related to a housing development project or a Low Barrier Navigation Center that meet the requirements of the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process and does not require the exercise of judgement or deliberation by the Community Development Director.

3.

"Restricted Affordable Unit" means a dwelling unit within a housing development that will be available at an Affordable Rent or Affordable Housing Cost as specified in the State Supportive Housing Law and the State Streamlined Ministerial Approval Process.

4.

"State Housing Density Bonuses and Incentives Law" means Government Code Section 65915 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the city related to the provision of housing Density Bonus(es) and Incentives.

5.

"State Low Barrier Navigation Centers Law" means Government Code 65660 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the city related to Ministerial Approvals and Uses by Right.

6.

"State Streamlined Ministerial Approval Process" means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the city related to Ministerial Approvals.

7.

"State Supportive Housing Law" means Government Code Sections 65650 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the city related to Ministerial Approvals and Uses by Right.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Ministerially Approved Developments. The city will ministerially approve a housing development project or Low Barrier Navigation Center that meets the requirements specified in the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process when an Applicant submits an application as specified by this Chapter.

B.

Restricted Affordability and Supportive Housing Calculations.

1.

If an Applicant seeks Ministerial Approval under the State Supportive Housing Law, the number of required Restricted Affordable Units, Supportive Housing Units, and Supportive Services floor area will be calculated in accordance with the State Supportive Housing Law.

2.

If an Applicant seeks Ministerial Approval under the State Streamlined Ministerial Approval Process, the number of required Restricted Affordable Units will be calculated in accordance with the State Streamlined Ministerial Approval Process.

C.

Replacement of Pre-Existing Lower Income Units. A housing development project seeking Ministerial Approval under the State Supportive Housing Law shall replace any dwelling units on the site of the proposed housing development in the manner required by the State Supportive Housing Law.

D.

Parking Ratios. The city shall not require parking beyond the maximum ratios specified in the State Streamlined Ministerial Approval Process if the project is Ministerially Approved under that section of state law.

E.

Development Standards. Notwithstanding the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process, Ministerially Approved housing developments and Low Barrier Navigation Centers shall meet 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, and shall also comply with all objective design requirements included in applicable planning approvals, or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to Section 21.39.060 for the implementation of this Chapter.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Applications for Ministerial Approvals shall be submitted and processed in compliance with the following requirements:

A.

Application Type. A proposed housing development project and/or Low Barrier Navigation Center shall be reviewed ministerially by the Community Development Director through consideration of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). The permitting provisions of Chapter 21.07 (Housing Development Regulations) and 21.42 (Site and Architectural Review) and by reference any neighborhood plan or process established by an overlay/combining district (i.e., master use permit), shall not be applied.

B.

Application Filing. A zoning clearance application for a proposed housing development project or Low Barrier Navigation Center, including the required application materials and fees, shall be filed with, and in a form prescribed by, the Community Development Department in compliance with Chapter 21.38 (Application Filing, Processing and Fees). No application shall be deemed received until the following have been provided:

i.

Fees. All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the city's account.

ii.

Documents. All documents and information specified in this Chapter and on the application form have been filed.

C.

Application Requirements. A zoning clearance application may only be found complete if it satisfies the requirements of this Chapter, and the following:

a.

Required signatures:

i.

All owners of the real property included in the housing development or Low Barrier Navigation Center; or

ii.

The person or entity with written authority of the owner(s) to apply for Ministerial Approval for a housing development or Low Barrier Navigation Center.

b.

Required information:

i.

A brief description of the proposed housing development or Low Barrier Navigation Center, including, as applicable, the total number of dwelling units, Restricted Affordable Units, Supportive Housing Units, and Low Barrier Navigation Center beds proposed.

ii.

The current zoning district(s), form-based zone(s), and general plan land use designation(s) and assessor's parcel number(s) of the project site.

iii.

A vicinity map and site plan, drawn to scale, including building footprints, driveway, and parking layout.

iv.

Indication if the Applicant also seeks a density bonus, incentive, waiver, or modification.

v.

A site plan showing location of, as applicable, Restricted Affordable Units, Supportive Housing Units, onsite Supportive Services, Low Barrier Navigation Center beds, and all other dwelling units within the proposed housing development or Low Barrier Navigation Center.

vi.

If the Applicant submits an application under the provisions of the State Supportive Housing Law, a plan for providing supportive services, with documentation demonstrating that the onsite supportive services provided meet the requirements of the Supportive Housing Law.

vii.

If a reduction in Supportive Housing Units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of Supportive Service Units is restricted to the minimum necessary to maintain the project's financial feasibility, and how any change to the occupancy of the Supportive Housing Units is made in a manner that minimizes tenant disruption and only upon the vacancy of Supportive Housing Units.

viii.

Level of affordability of any Restricted Affordable Units and proposed method to ensure affordability.

ix.

If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and it is not entirely a public work, certification that the project will pay prevailing wages.

x.

If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and the project meets the conditions specified in the Process, certification that the project will employ a skilled and trained workforce.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

General. An application for Ministerial Approval shall be acted upon by the Community Development Director.

B.

Findings for Approval. Before approving an application for Ministerial Approval, the Community Development Director must make the following findings based on evidence in the record, as applicable, that:

1.

The housing development or Low Barrier Navigation Center is eligible for Ministerial Approval.

2.

If the Ministerial Approval is based all or in part on the provision of Supportive Housing, a finding that all the requirements for a Supportive Housing development that are specified in the State Supportive Housing Law have been or will be met.

3.

If the Ministerial Approval is for a Low Barrier Navigation Center, a finding that all the requirements for a Low Barrier Navigation Center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.

4.

If the Ministerial Approval request is based all or in part on the State Streamlined Ministerial Approval Process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met.

5.

If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 20.20 (Density Bonus and Other Housing Incentives), a finding that all 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.

C.

Findings for Denial.

1.

The Community Development Director may deny an application for Ministerial Approval if the findings required by Subsection B above, as applicable, cannot be made.

2.

The Community Development Director may deny a Ministerial Approval if doing so would be contrary to state and federal law, and this finding is made in writing.

3.

Nothing in this Chapter 21.39 limits the city's right to deny an affordable housing project under Government Code Section 65589.5.

D.

Permit Conditions.

1.

Term. Unless otherwise required by state law, Ministerial Approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the Ministerial Approval. The duration of the approval may be extended as provided for in state law.

2.

Conditions. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, the Community Development Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code section 65589.5(d)(2).

3.

Failure to install public improvements. It shall be a violation of this title for any person who has signed the acceptance of a permit or approval issued pursuant to this chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one year from the issuance of a building permit unless an extension has been granted in writing by the Community Development Director or, if no building permit is required, one year from the issuance of the permit or approval.

4.

Construction clean-up. It shall be a violation of this title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

5.

Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.

6.

Maintenance of Landscape. It shall be a violation of this title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this chapter or otherwise in a manner that fails to fully comply with the provisions of this Code. Any vegetation, required by a permit or approval, or otherwise by this Code, which is dead or dying, shall be replaced within sixty days.

7.

Hours of Construction. Hours of construction shall be as specified by Section 18.04.050 (Hours of construction - time and noise limitations)

8.

All projects approved under this Chapter shall follow the stormwater management requirements listed in Chapter 14.02 (Stormwater Pollution Control) as applicable.

9.

Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, all projects approved under this Chapter shall satisfy all applicable Public Works clearance and Building Division clearance requirements.

10.

All projects approved under this Chapter shall, if required by the Zoning Ordinance, satisfy the performance standards of the applicable Zoning Districts.

D.

Building Permits. Issuance of a zoning clearance shall be required prior to issuance of building permit(s) consistent with Section 21.56.050 (Issuance of building permits).

E.

Appeals. As specified by Chapter 21.62 (Appeals), zoning clearances are ministerial and are not subject to an appeal.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director is hereby authorized to develop forms, policies, and regulations for the implementation of this Chapter.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)