Proof of Publication - Ordinance 03/29/23PROOF OF PUBLICATION
(2075.5 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 78 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
951 13 a newspaper published
in the English longuo�`e 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 count�yy of
Santa Clara, State of Co omia,
on April 7, 7988, Case No.
65 7 274; 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:
March 29 - 2023
1 certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated: March 29, 2023
At San Jose, California
Dave Miller
1�
WHEREAS. the
adoption of an local
City seeks to avoid
ordinance to implement
any conflicts with
the provisions of
thecontemplated
Section 65852.1 or
permanent ioning
Section 65852.2 of
standards implementing
the Govemment Code
State law
Ielating toflip accessory
dwelling units
WHFRFAS, pursuant to
NOW. THEREFORE, THE
Section 65858 of the
CITY COUNCILOF THE
Ordinance No.2292
Government Cafe and
CITYOFCAMPBELL
BEING AN ordinance
Section p1.60.090of
DOES HEREBY ORDAIN
the Cam belt Municipal
AS FOLLOWS
of the CITY
Code. tire City Council
COUNCIL OF THE
may take appropriate
SECTION]
CITYOFCAMPBELL
actiontoadopt urgency
(SEVERABIUTY):Itany
extending urgency
measures as an interim
section. subsection.
REVISIONS TO
ordinance.
sentel". clause, or
TITLE 21 RELATED
phrase of this ordinance
TO ACCESSORY
WHEREAS. the approval
is for any reason
DWELLING UNITS
of accessory dwelling
held to be invalid or
AND JUNIOR
unitsandjumor
unconstitutional by a
ACCESSORY
accessory dwelling
decisronofany court of
DWELLING UNITS
units based solely
competent jurisdiction.
TO CONFORM WITH
on the few default
such decision snail not
RECENT STATE
statutory standards
affect the validity of
LEGISLATION (AB
LEGISLATION
of theCailtornra
the remaining portions
8AB-
2221
Government Code.
of the ordinance. The
without local regulations
City Councdhereby
adopted under
governing height.
declaies thatit would
oRDINANCE no.
Selbeck.landscape.and
have passed this
2291.PLN-2022-166
architectural review,
ordinance and each
WHEREAS, on
an other things,
and every section.
September 28, 2022. the
would threaten the
subsection. sentence.
Govemor of the State
character of existing
clause• or phrase not
of caidornia signed
neighborhoods,
declared invalid or
into law Senate Bill No.
negatively impact
unconstitutional without
897 (Wieckowski) and
property values,
regard to whether any
Assembly Bill No 2221
personal privacy. toe
portion of the ordinance
(Quirk•Silva).which
safety, and create
would be subsequently
combined, amended
confusion that would
declared imraltd6r
Government Code
hinder the creation of
unconstitutional -
Sections 65852.2and
accessory dwelling units
65852.22, and created
and junior accessory
SECTION 2
Section 6585223.and
dwelling units within the
(PUBLICATION): The
amended Health and
community.
City Clerk shall cause
Safety Code Section
this interim ordinance
17980.12. pertaining to
WHEREAS. on February
to be, published at least
the creation of accessory
7, 2023. the City Council
once inanewspaper
dwelling units and junior
adoptedanmterim
of general circulation
accessory dwelling units.
ordinance (Ordinance
within l5daysafter its
and which took effect
No. 2291)toadopt
adoption maccordance
January 1, 2023.
urgency revisions to Title
with Government Code
11 related to accessory
Section36933.
WHEREAS. there is a
dwelling units (ADUs)
current and immediate
and junior accessory
SECTION 3
threat to the public
dwelling units (JADUs)
(APPLICABILITY):
health• safety, or welfare
to conform with recent
Thisordmanceis
based on the passage
state legislation (AB-applicabletothe
of SB-897 (Wieckowski)
2221and S6-897).
creation of accessory
and AB-2221(Quirk
dwelling units and junior
Silva) in that theCity's
WHEREAS, pursuant to
accessory dwelling
local accessory dwelling
Secticn65858ofthe
units, including such
unit ordinance is no
Government Code. the
units that are created as
longer consistent with
City Council may extend
part ofa'S&9proposed
Government Code
the interimordinancefor
housing development"
Sections65852.2and
10 months and 35 days
pursuant to Chapter
65852.22 as of January
after publicnotihcaPon
21.25(Two Unit Housing
1, 2023. rendering the
and following a public
Developments).
City's ordinance null and
hearing.
void, thereby limiting
SECTION 4
iheCityloappiyingthe
WHEREAS, the City
(EFFECTIVENESS).
le. default statutory
Counnlhndsano
Interim Ordinance No.
standards provided in
determines that the
2291 is hereby extended
theaforernentioned
extending Interim
to June30.2023. of
Government Code
Ordinance No
until it is superseded by
sections for the
2291 would not be
adoption of superseding
approval of accessory
detrimental to the
ordinance. whichever
dwelling units and junior
public interest. health.
comes first.
accessory dwelling units
Safety, convenience. or
general welfare of the
PASSED AND ADOPTED
WHEREAS.the City is
city: and is internally
this ?lsiday of March,
under taking a study to
consrstentwith other
2023 by the following
development permanent
dppiicableprovisions of
roll call vote:
zoningstandardsto
the Campbell Mumcipal
conform its current
Code
AYES. Councilmembers.
zoning code pro visions
Lopez Scozzola.
toconform to the
WHEREAS. adoption
Furtado. Landry, Ryhee
changes in the State law,
of this ordinance is not
NOES.
which shall be completed
a project undeithe
Councdmembers:None
within a reasonable time.
California Environmental
ABSENT:
not to exceed 23 months
Quality Act
Couneilinembers:NunB
from the adoption of this
pursuant to pursuant
interim ordinance.
to Public Resource
APPROVED
Code Section 21080.17.
which exempts the