CC Ordinance 2325 - Extend Interim Ordinance No. 2322 Related to ADUs and JADUs SB1211 & AB2533 Ordinance No. 2325
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL EXTENDING URGENCY PROVISIONS RELATED TO ACCESSORY DWELLING
UNITS (ADUS)AND JUNIOR ACCESSORY DWELLING UNITS (JADUS)TO IMPLEMENT
RECENT FEEDBACK AND DIRECTION FROM THE CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD) AND RECENT LEGISLATIVE UPDATES (SB 1211 &
AB 2533).
FILE NO.: PLN-2024-144
WHEREAS, on June 30, 2023, the City of Campbell received a letter from the
California Department of Housing and Community Development (HCD) providing written
findings pursuant to Government Code Section 66326 identifying certain section(s),
subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's accessory dwelling unit
ordinance that do not comply with State law;
WHEREAS, on July 27, 2023, the Community Development Director transmitted a
letter in response to HCD's written findings, within the 30-day period provided by the
statute, acknowledging a need to amend the City's accessory dwelling unit (ADU)
ordinance, and requesting additional clarification and information;
WHEREAS, HCD's written findings determined that the City's local accessory dwelling
unit ordinance is no longer consistent with Government Code Sections 66314 and 66333;
WHEREAS, following the City's July 27, 2023, letter, no further response was received
from HCD, and as a result, the City adopted an interim ordinance (No. 2299) on November 7,
2023, to address HCD's initial feedback, which was extended through Ordinance No. 2300 to
remain effective until December 31, 2024;
WHEREAS, in Summer 2024, staff contacted HCD to notify the agency of the City's
intent to adopt a permanent ordinance to replace the interim ordinance, and on August 7,
2024, HCD provided informal feedback to staff, identifying additional clarifications needed to
ensure consistency with State law;
WHEREAS, in September 2024, the California Legislature enacted SB 1211 and AB
2533, signed into law by the Governor on September 19 and 28, 2024, respectively, which
made significant changes to State law regarding ADUs, including the number of ADUs allowed
for multi-family dwellings and the extension of the amnesty period for unpermitted ADUs;
WHEREAS, on December 17, 2024, HCD published the January 2025 edition of its
"Accessory Dwelling Handbook", which formalized prior HCD interpretations of State ADU
law;
WHEREAS, the City Council has determined that it is necessary to adopt an interim
ordinance to maintain consistency with State ADU law, as interpreted by HCD;
WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the
California Constitution and Government Code Section 65800, conferred upon local
governments the authority to adopt regulations designed to promote the public health, safety
and general welfare of its citizenry;
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, the approval of accessory dwelling units and junior accessory dwelling
units based solely on the few default statutory standards of the California Government Code,
without local regulations governing height, setback, landscape, and architectural review,
among other things, would threaten the character of existing neighborhoods, negatively
impact property values, personal privacy, fire safety, and create confusion that would hinder
the creation of accessory dwelling units and junior accessory dwelling units within the
community;
WHEREAS, the proposed amendments are consistent with the goals, policies, and
actions of the 2040 General Plan, as well as all applicable development agreements, area
plans, neighborhood plans, and specific plans;
WHEREAS, no substantial evidence has been presented demonstrating that the
project, as currently presented, will have a significant adverse impact on the environment;
WHEREAS, the adoption of this interim ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17;
WHEREAS,the City is undertaking a study to update its current zoning code provisions
to conform to the changes in the State law, which shall be completed within a reasonable
time, not to exceed 10 months and fifteen days from the adoption of this ordinance, or until it
is superseded by adoption of superseding ordinance, whichever comes first;
WHEREAS, the City Council finds and determines that the proposed ordinance would
not be detrimental to the public interest, health, safety, convenience, or general welfare of the
city; and is internally consistent with other applicable provisions of the Campbell Municipal
Code;
WHEREAS, in consideration of the recommended adoption of the interim ordinance,
the City Council provided due consideration of all evidence presented and included in the
entire administrative record;
WHEREAS, the proposed revisions are necessary to maintain the status quo pending
the investigation and adoption of a permanent ordinance by conforming the City's regulations
to the requirements of State Law, while preserving such local regulations are appropriate,
lawful and currently in force;
WHEREAS, in consideration of the foregoing findings, the City Council further finds
that there is a current and immediate threat to the public health, safety, or welfare, justify
adoption of this interim ordinance on an urgency basis to be effective immediately upon
adoption by a four-fifths vote of the City Council;
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WHEREAS, on February 18, 2025, the City Council adopted an interim ordinance
(Ordinance No. 2322) to implement recent feedback and direction from the California
Department of Housing and Community Development (HCD) and recent legislative updates
(SB 1211 &AB 2533);
WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may
extend the previously adopted interim ordinance for 10 months and 15 days after public
notification and following a public hearing;
WHEREAS, the City Council finds and determines that the extending Interim
Ordinance No. 2322 would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the city; and is internally consistent with other applicable
provisions of the Campbell Municipal Code; and
WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of
accessory dwelling units that are in compliance with Senate Bill 1211 (2024) &Assembly Bill
2533 (2024);
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
interim 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 interim 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.
SECTION 2 (PUBLICATION): The City Clerk shall cause this interim ordinance or a summary
thereof 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 3 (EFFECTIVENESS): This interim ordinance shall become effective
immediately upon adoption for a period of 10 months and 15 days, unless extended by the
City Council.
PASSED AND ADOPTED this 18th day of March, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hine, Scozzola, Furtado, Lope
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST: Sergio Lop ayor
(% 9a QMe
6i),
Andrea Sand' s, City Clerk
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