CC Ordinance 2332 - Urgency Measures to Implement SB 1123 (PLN-2025-62)ORDINANCE NO. 2332
AN INTERIM: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 1123 (2024),
REGARDING MINISTERIAL APPROVAL OF SMALL-SCALE HOUSING SUBDIVISIONS
WHEREAS, on October 11, 2023, the Governor of the State of California signed into law
Senate Bill No. 684 (Caballero), to add Sections 65852.28, 65913.4.5, and 66499.41 to the
California Government Code, which collectively authorize a streamlined, ministerial approval
process for housing development projects of ten or fewer residential units on urban lots under
five acres, and allow the application of objective development and design standards; and
WHEREAS, on September 19, 2024, the Governor signed into law Senate Bill No.
1123 (Caballero), "An act to amend Sections 65852.28 and 66499.41 of the California
Government Code, relating to land use," which clarified and expanded the eligibility criteria
for ministerial approval, including: permitting vacant single-family residential lots up to 1,5
acres; prohibiting the inclusion of accessory dwelling units (ADUs) and junior accessory
dwelling units (JADUs) in the 10-unit cap; authorizing specified height limits on vacant lots;
recognizing tenancy -in -common ownership structures,-, and reducing the minimum density for
non -Housing Element sites to 66 percent of maximum allowable density, and
WHEREAS, the provisions of Senate Bill No. 1123 will become operative on July 1,
2025, and in the absence of locally adopted development standards, requirements, and
implementation procedures, the bill's mandates could conflict with existing provisions of the
Campbell Municipal Code and thereby create uncertainty, inconsistencies, and administrative
obstacles to the implementation of the law; and
WHEREAS, certain development standards, requirements, and permitting procedures
in the Campbell Municipal Code are currently inconsistent with the provisions authorized
under Senate Bill No. 1123, including but not limited to lot size minimums, land use definitions,
and review procedures; and
WHEREAS, the Community Development Department is studying permanent revisions
to the Zoning Code to implement the provisions of Senate Bill No. 1123 and to protect the
public safety, health, and welfare; and
WHEREAS, to ensure compliance with Senate Bill No. 1123 prior to its operative date,
this interim ordinance establishes ministerial approval procedures, eligibility criteria,
subdivision requirements, and objective development standards for qualifying small-scale
housing development projects, including provisions for vacant single-family parcels, minimum
lot sizes, and affordability obligations, and
WHEREAS, Interim Ordinance No. 2313, as extended by Interim Ordinance No. 2317,
enacted interim subdivision standards and map processing procedures to implement Senate
Bill No. 684, which shall be terminated by this interim ordinance, except for interim Chapter
20.13 (Subdivision Standards), the interim revisions to Section 20.16.030 (Action on tentative
parcel maps), and the interim deletion of Section 20.16.035 (Exception to access
requirements), which were incorporated by reference into Interim Ordinance No, 2321, as
extended by interim Ordinance No. 2223; and
WHEREAS, California Government Code Sections 65852.28(e), 65913.4.5(b) and
66499.41 (i) authorize local governments to adopt ordinances implementing the provisions of
Senate Bill No. 1123; and
WHEREAS, pursuant to California Government Code Section 65858 and Campbell
Municipal Code Section 21.60.090, the City Council may adopt an interim ordinance as an
urgency measure to protect the public health, safety, and welfare; and
WHEREAS, it is not the intent of this interim ordinance to preclude or deny approvals
necessary for the development of housing projects that include a significant component of
multifamily housing; and
WHEREAS, based on the foregoing findings, the City Council further finds that there
exists a current and immediate threat to the public health, safety, and welfare, and that the
approval of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use in conflict with this ordinance would exacerbate that threat; and
WHEREAS, adoption of this interim ordinance is not a project for purposes of the
California Environmental Quality Act (CEQA), pursuant to California Government Code
Sections 65852.28(e), 65913.4.5(b), and 66499.41 (i), which exempt the implementation of
these statutory provisions from CEQA review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I (PURPOSE): This interim ordinance establishes temporary provisions to Title 21
(Zoning) of the Campbell Municipal Code to facilitate the construction of starter home projects
and the creation of urban lot splits, as specified by Government Code Sections 65852.28,
65913.4.5, and 66499.41. These provisions ensure compliance with state law reiterating local
standards and procedures for ministerial review of qualifying small-scale housing
development projects and subdivisions. The provisions of this interim ordinance shall
supersede any conflicting provisions within Title 21 (Zoning), all other provisions shall remain
in full force and effect.
SECTION 2 (APPLICABILITY): This interim ordinance applies exclusively to voluntary
applications for "starter home projects," as defined herein. Property owners or their authorized
representatives may continue to exercise subdivision rights for conforming subdivisions in
compliance with Title 20 (Subdivision and Land Development) of the Campbell Municipal
Code and the California Subdivision Map Act.
SECTION 3 (DEFINITIONS): In addition to the terms defined by Section 21,72.020
(Definitions of specialized terms and phrases) and Section 4 (Definitions) of interim ordinance
No. 2321, the following terms shall have the following meanings as used in this interim
ordinance. Where a conflict may exist, the definitions provided in this section shall prevail over
any other definition.
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"Final map" means a final map, including parcel maps, prepared in accordance with
the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 20 (Subdivisions
and Land Development), and based upon an approved or conditionally approved 'tentative
map.
"Living area" means the finished and heated floor area fully enclosed by the inside
surface of walls, windows, doors, and partitions, and having a headroom of at least six and
one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and
storage areas, but excluding garages, carports, parking spaces, cellars, half -stories, and
unfinished attics and basements.
"Starter home project" means a proposal to create two or more new lots or new
residential condominiums through the filing of a tentative map pursuant to Government Code
Section 66499,41, for a housing development project containing no more than ten primary
dwelling units in accordance with Government Code Section 65852.28.
"Tentative map" means a tentative map, including tentative parcel maps, prepared in
accordance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Title
20 (Subdivisions and Land Development).
"Vacant" means a lot having no permanent structure, unless the permanent structure
is abandoned and deemed uninhabitable by the Building Official, excluding (1) housing that
is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels
affordable to persons and families of low, very low, or extremely low income; (2) housing that
is subject to any form of rent or sales price control through a local public entity's valid exercise
of its police power-, and (3) housing occupied by tenants within the five years preceding the
date of the starter home project application, including housing that has been demolished or
that tenants have vacated prior to the submission of the application.
SECTION 4 (SITE ELIGIBILITY): A starter home project may only be created on a parcel(s)
satisfying all of the following general requirements. An application for a starter home project
on a parcel(s) not satisfying these requirements shall not be accepted by the Community
Development Director pursuant to Section 21.38.040.E (Community Development Director's
determination):
A. Zoning district. The parcel(s) is located within one of the following zoning districts,
as defined by Chapter 21.04 (Establishment of Zoning Districts):
1. A multi-famil'y residential zoning district;
2. A mixed -use zoning district;
3. The Single -Family (R-1) Residential Zoning District, provided that the parcel
is vacant;
4. A legacy zoning district, provided that the parcel's General Plan land use
designation directly corresponds to a multi -family residential or mixed -use
zoning district, as specified in Section 21.04.020, Table 21.04-01 (Zoning
Districts and General Plan Designations), or
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5. A legacy zoning district, provided the parcel is vacant and its General Plan
land use designation directly corresponds to the Single -Family (R-1)
Residential Zoning District, as specified in Section 21.04.020, Table 21.04-
01 (Zoning Districts and General Plan Designations).
B. Legal parcel, The parcel(s) has been legally created in compliance with Title 20
(Subdivisions and Land Development) and the Subdivision Map Act (Government
Code Section 66410 et seq .), as applicable at the time the parcel(s) was created.
The City Engineer may require a certificate of compliance to verify conformance
with this requirement.
C. Vacant parcel. A parcel located within the Single -Family (R-1) Residential Zoning
District shall only be eligible for a starter home project if it will meet the definition of
vacant," as provided in this interim ordinance, no later than the date of recordation
of a final map or issuance of a building permit, whichever occurs first.
D. Lot area, The parcel(s) does not exceed the following net lot areas, based on the
applicable zoning district:
1. If located within a multi -family residential or mixed -use zoning district: Five
(5) acres; or
2. If located within the Single -Family (R-1) Residential zoning district: One and
one-half (11/2) acres.
E. Substantially surrounded by qualified urban uses. The parcel(s) abuts, or is
separated only by an improved public right-of-way from, existing residential,
commercial, institutional, public, retail, or transit uses (e.g., light rail lines or
passenger terminals) along at least 75 percent of the lot's perimeter. The remaining
portion must abut, or be similarly separated from, properties designated for such
uses in the General Plan,
F. Urban lot split. The parcel(s) was not created by a parcel map approved pursuant
to Chapter 20.14 (Urban Lot Splits) in accordance with Government Code Section
66411.7.
G. Ellis Act. The parcel(s) is one in which an owner of residential real property has
not exercised their rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations from
rent or lease within 15 years before the date of application for a starter home
project.
H. Hazardous waste site. The parcel(s) is not identified as a hazardous waste site
pursuant to Government Code Section 65962.5 or a hazardous waste site
designated by the Department of Toxic Substances Control pursuant to Health and
Safety Code Section 25356.
Exception: This restriction shall not apply where the parcel has been cleared for
residential use or mixed -use development by the Department of Public Health,
State Water Resources Control Board, or Department of Toxic Substances Control.
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I. Flood zone. The parcel(s) is not located within a special flood hazard area or a
regulatory floodway, as shown on official maps published by the Federal
Emergency Management Agency (FEMA).
Exception: This restriction shall not apply where FEMA has issued a Letter of Map
Revision (LOMR) or Letter of Map Amendment (LOMA) for the parcel(s), where the
starter home project is constructed in compliance with Chapter 21.22 (Flood
Damage Prevention), or where a no -rise certification has been granted in
accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
J. Earthquake fault zone. The parcel(s) is not located within a delineated earthquake
fault zone, as identified in official maps published by the California Geological
Survey.
Exception-, This restriction shall not apply if the development complies with
applicable seismic protection building code standards, including those adopted by
the California Building Standards Commission under the California Building
Standards Law (Part 2.5, commencing with Section 18901, of Division 13 of the
Health and Safety Code) and Chapter 12.2 (commencing with Section 8875) of
Division 1 of Title 2 of the Government Code, as determined by the Building Official.
K. Natural habitat. The parcel(s) is not recognized by the City as a habitat for
protected species identified as candidate, sensitive, or species of special status by
state or federal agencies, fully protected species, or species protected by the
federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)
of Division 3 of the Fish and Game Code), or the Native Plant Protection Act
(Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code).
L. Fire hazard severity zone. The parcel(s) is not located within either (a) a very high
fire hazard severity zone, as designated by the Department of Forestry and Fire
Protection pursuant to Government Code Section 51178, or (b) a high or very high
fire hazard severity zone as shown on maps adopted by the Department pursuant
to Public Resources Code Section 4202.
M. Community conservation plan. The parcels) is not located on land identified for
conservation in an adopted natural community conservation plan pursuant to the
Natural Community Conservation Planning Act (Chapter 10 (commencing with
Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan
pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
seq.), or other adopted natural resource protection plan, or subject to a
conservation easement.
N. Demolished housing. For a parcel(s) where a prior dwelling unit(s) was
demolished within the last five years, the demolished unit(s) was not occupied by a
tenant at any time during the five years preceding the date of the starter home
project application. The date of demolition shall be either the date a demolition
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permit was issued or the date the City documented that an unlawful demolition was
performed without a permit.
Exception: This restriction shall not apply to housing that was destroyed by
earthquake, fire, flood, wind, or other calamity or act of God or the public enemy,
clearly beyond the control of the property owner, as determined by the Building
Official.
SECTION 5 (PROJECT ELIGIBILITY). A starter home project shall only qualify for approval
under this interim ordinance if the following eligibility requirements are satisfied. An
application not eligible for approval as a starter home project shall not be accepted by the
Community Development Director pursuant to Section 21.38.040.E (Community
Development Director's determination).
A. Number of units. The starter home project includes no more than ten primary
dwelling units, excluding any junior accessory dwelling units.
B. Number of lots. The starter home project results in at least two, but no more than
ten new lots, excluding common lots. For the purposes of this section, the term
"lots" includes residential condominiums,
C. Minimum density. The starter home project satisfies the following minimum
densities, as applicable.
Housing opportunity sites. For parcels identified as housing opportunity
sites in the City's Housing Element, the starter home project results in at
least as many primary dwelling units as projected in the Housing Element,
provided the number projected is ten or fewer. If the parcel is identified to
accommodate low- or very low-income households, the project includes at
least as many low- or very low-income units as projected, subject to a
recorded affordability restriction for a period of 55 years in accordance
with Chapter 21.24 (Inclusionary Housing Ordinance).
2. All other sites. For parcels not identified as housing opportunity sites in
the Housing Element, the starter home project results in a number of
primary dwelling units needed to achieve a density equal to the greater of:
a. Sixty-six percent (66%) of the maximum allowable residential density
for the parcel as established by the General Plan; or
b. 19.8 units per gross acre, as sixty-six percent (66%) of the default
density specified in Government Code Section 65583.2(c)(3)(B).
D. Replacement housing. If the starter home project includes demolition of existing
dwelling units, other than those prohibited by subsection F (Existing housing), the
project will create at least as many new residential dwelling units as will be
demolished, in compliance with Government Code Section 66300.6(a).
E. Density bonus. The starter home project does not utilize Density Bonus Law
pursuant to Government Code Section 65915 in a manner that results in more
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than ten primary dwelling units, including any density bonus units, or that
includes requested waivers, concessions, or incentives that conflict with any
requirement or standard mandated by Government Code Sections 65852,28,
65913.4.5, or 66499.41, or that would otherwise be contrary to state or federal
law.
F. Existing housing. The starter home project does not result in the demolition or
alteration of any of the following types of housing-
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rent or sale price to levels affordable to persons and families of
low-, very low-, or extremely low-income;
2. Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power; or
3. Housing that was occupied by tenants at any time within the five years
preceding the date of the application for the starter home project,
including housing that has been demolished or that tenants vacated prior
to the application submission date.
SECTION 6 (OBJECTIVE STANDARDS). A starter home project shall comply with the
following objective standards, except as provided by Section 7 (Exceptions to objective
standards). Standards provided elsewhere in the Multi -Family Development Design
Standards (MFDDS), adopted pursuant to Chapter 21.07 (Housing Development
Regulations), not expressly identified in this section, shall not apply.
A. Subdivision standards. The subdivision proposed by a starter home project shall
comply with Title 20 (Subdivisions and Land Development), including interim
Chapter 20.13 (Subdivision Standards) and interim Section 20.16.030 (Action on
tentative parcel maps), and the following objective standards.
1. Minimum net lot area. The subdivision shall result in lots that meet the
following minimum, net lot area requirements:
a. New lots, excluding common lots, created from a parcel in a multi-
family residential or mixed -use zoning district shall have a minimum
net lot area of 600 square feet.
b. New lots, excluding common lots, created from a vacant parcel in the
Single -Family (R-1) Residential Zoning District shall have a minimum
net lot area of 1,200 square feet.
2. Form of subdivision. The subdivision shall result in one of the following
ownership forms:
a. Fee simple ownership lots;
b. Common interest developments (including community apartment
projects, condominium projects, planned developments, and stock
cooperatives, as defined in Civil Code Section 4100);
c. Interests in a housing cooperative, as defined in Civil Code Section
817;
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d. Lots owned by a community land trust, as defined in Government
Code Section 66499.41 (a)(4)(D); or
e. Interest in a tenancy in common, as described in Civil Code Section
685.
3. Map Act compliance. The subdivision shall conform to all applicable
objective requirements of the Subdivision Map Act, except as otherwise
expressly provided in this interim ordinance and Government Code
Section 66499.41 ,
4. Utility access. Each new lot shall be served by the local water purveyor
and the sanitation district.
5. Preservation of existing dwelling ownership. To ensure unified ownership
of existing dwelling units is maintained, and in accordance with
Government Code Section 66499.41 (a)(11 3), the subdivision shall not
result in any existing dwelling unit on the parcel being transferred or sold
under a separate ownership title from any other existing dwelling unit on
the same parcel. Examples of non -compliant subdivisions include, but are
not limited to: (1) subdividing a parcel to create separate ownership titles
for existing dwelling units, allowing them to be sold independently; (2)
dividing a parcel with multiple detached units into separate parcels, each
with its own title, permitting individual sales- and (3) converting existing
rental units into condominiums, resulting in separate ownership titles for
each unit.
B. Zoning standards. The primary dwelling units proposed by a starter home project
shall comply with the general development standards provided by Table 1 (Starter
Home Project Development Standards):
Table 1
(Starter Home Project Development Standards)
Development Standards
Requirement (1) (2)
Primary
As specified by the applicable form -based -zone in MFDDS
Dwelling
Chapter 3 (Sections 3.030 through 3.090), subsection '5'
Unit
(Building Placement)
Minimum
Front
Parking
As specified by the applicable form -based -zone in MFDDS
Setbacks from
Facilities
Chapter 3 (Sections 3.030 through 3,090), subsection T
Original Lot Lines
(4)
(Parking), except that the front setback shall be reduced to
(3)
25 feet.
Interior
4 feet
Rear
Street Side
Primary
As specified by the applicable form -based -zone in MFDDS
Minimum
Dwelling
Chapter 3 (Sections 3.030 through 3.0910), subsection V
Setbacks from
Unit
(Building Placement) (6)
New Lot Lines (3)
Front
Parking
(5)
Facilities
As specified by the applicable form -based -zone in MFDDS
(4)
Chapter 3 (Sections 3.030 through 3.090), subsection T
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(Parking), except that the front setback shall be reduced to
25 feet.
Interior (when between
dwelling units) (7)
None, except as otherwise required by the California
Rear (when between
Building Code
dwelling units) (7)
Street Side
4 feet
Maximum Number of
Stories
As specified by the applicable form -based -zone in MFDDS
Chapter 3 (Sections 3.030 through 3.090), subsection A'
Maximum Overall
Building Height
(Building Form)
Height Limitations
Maximum Eave/Parapet
- Primary Dwelling
Height
Units (8)
Minimum Ground Floor
No Maximum
Finish Level
Minimum Floor -to -Floor
(Ground Floor) Height
Building Intensity
Maximum Floor Area
Limitations
No Maximum
Maximum Lot Coverage
Separation Between Primary Dwelling Units
As specified by Campbell Municipal Code Section
and Accessory Structures
21.36.020 (Accessory structures)
Minimum Open Space
Not Applicable
Minimum (each unit)
150 square feet, subject to the restrictions specified by
Living Area
Health and Safety Code Section 17958.1
Maximum (average)
1,750 square feet (9)
Notes:
1. Where a reference to the Multi -Family Development Design Standards (MFDDS) is provided,
the standard shall apply to a lot line, rather than a design site line.
2. Starter home projects located in the Single -Family (R-1) Residential zoning district shall be
assigned a presumed form -based -zone designation of T3 Neighborhood (T3N) in accordance
with MFDDS § 2,040 (Relationships between zones in general plan land use designations), as
the most restrictive form -based zone assigned to land uses of comparable density.
3, See Section 21.18.040.13 (Exceptions) for applicable exceptions to setback and building
separation distance requirements.
4. Applies to the vehicular entry to garages, carports, and uncovered parking stalls, measured
perpendicularly from the public right-of-way to the nearest point of the garage door, the
threshold of a carport or garage entry (without doors), or the outer edge of a parking stall,
respectively. All other applicable setbacks continue to apply to these parking facilities. This
setback does not apply to parking facilities with vehicular entries that are angled or parallel to
the public right-of-way.
5. New lot lines include those proposed by a tentative map, as well as lot lines resulting from
dedication of public right-of-way required pursuant to Chapter 11.24 (Street Improvements).
6. If a new front lot line is created as a result of a public right-of-way dedication pursuant to
Chapter 11.24 (Street Improvements), the minimum front setback shall be reduced by an
amount equal to the depth of the land required to be dedicated along that frontage
7. In the event a new side or rear lot line is created that is not located between dwelling units, a
minimum setback of 4 feet shall apply
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8. See Section 21.18.050 (Exceptions to height provisions) for applicable exceptions to the
maximum height standard.
9. The average total living area shall be calculated by dividing the combined living area of all
units in the starter home project by the total number of primary dwelling units.
C. Site development standards. Starter home projects shall comply with the
applicable standards contained in Chapter 21.18 (Site Development Standards),
Chapter 21,26 (Landscaping), Chapter 21.28 (Parking and Loading), and Chapter
21.32 (Tree Protection Regulations), except as modified or supplemented by the
Multi -Family Development Design Standards (MFDDS) as specified below:
Fences and screens. Fences and screening shall comply with MFDDS
Section 4.020 (Screening).
2. Landscaping and lighting. Landscaping and lighting shall comply with
MFDDS Section 4.030 (Landscaping and Lighting), except that the tree
preservation requirements of Chapter 21.32 (Tree Protection Regulations)
shall not apply to any tree with a diameter of 24 inches or less.
3. Parking. Parking facilities shall comply with MFDDS Section 4,040
(Parking and Loading), except that no more than one parking space
(covered or uncovered) per primary dwelling unit shall be required for
parcels that are not otherwise exempt from parking requirements under
Section 21.28.045.A (Projects located within one-half mile of public
transit).
4. Utilities and equipment. Utilities, equipment, and waste storage areas
shall! comply with MFDDS Section 4.050 (Service and Utility Standards),
except that the requirement to replace overhead utility lines with new
underground services, as provided in Section 21.18.140.B.2 (Frontage
lines and poles), shall not apply,
D. Design standards. The design requirements of MFDDS Chapters 5 (Specific to
Building Types), Chapter 6 (Specific to Private Frontage Types), and Chapter 7
(Architectural Standards) shall not apply to starter home projects, except for the bird -
safe window treatment requirement specified in MFDDS Section 7,080 (Bird Safety),
excluding subsection 1.13.
E. Other standards. In addition to the subdivision, zoning, and design standards set
forth in this section, applications for starter home projects shall demonstrate
compliance with the following general applicable requirements:
Accessibility. For starter home projects that include three or more dwelling
units, accessible paths of travel, parking stalls, and adaptable dwelling
units shall comply with the applicable provisions of California Building
Code Chapter 1 1A, including Section 11 02A.3.1. All ground floor dwelling
units in buildings without elevators shall be designed as adaptable,
incorporating features such as accessible entries, maneuvering
clearances, and bathroom and kitchen configurations capable of future
accessibility upgrades.
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2. Accessory dwelling units. In accordance with Government Code Section
66499.41 (g), accessory dwelling units shall not be permitted. However,
one junior accessory dwelling unit is allowed per primary dwelling unit,
provided it is located entirely within the living area of the associated
primary dwelling unit.
3. Stormwater management. The type, location, and design of site design
measures, source control measures, and stormwater treatment measures
shall comply with Chapter 14.02 (Stormwater Pollution Control) and
interim Chapter 20.13 (Subdivision Standards),
SECTION 7 (EXCEPTIONS TO OBJECTIVE STANDARDS), If any objective standards
required by this interim ordinance, but not otherwise mandated or authorized under
Government Code Sections 65852.28, 65913.4.5, or 66499.41, would have the effect of
physically precluding a starter home project from achieving a density of up to 3,0 dwelling units
per gross acre, the Community Development Director shall grant an exception as specified
below.
A. Request. A request for an exception shall be explicitly included in the application
for a starter home project.
B. Fee. A request for an exception shall be subject to a fee as established by the
City's Schedule of Fees and Charges.
C. Determination. The Community Development Director shall grant an exception
only to the minimum extent necessary to remove a physical constraint that would
otherwise prevent the starter home project from achieving the number of primary
dwelling units resulting from a density of no greater than 30 dwelling; units per
gross acre. An exception shall not be granted if the starter home project can
feasibly be redesigned to comply with the objective standards of this interim
ordinance while still achieving the allowable number of primary dwelling units with
an average living area of 1,750 square feet per unit, without requiring a change
from the proposed building type (e.g., townhomes, detached single family).
D. Remedy. If a disagreement arises regarding the Community Development
Director's application of this section, the procedures for interpretations in Section
21.02.030 (Procedures for interpretations) shall apply, including provisions for
appeal.
SECTION 8 (GENERAL REQUIREMENTS AND RESTRICTIONS). The following
requirements and restrictions are generally applicable to all housing development projects
and may be imposed as conditions of approval by the Community Development Director, as
applicable.
A. Acoustical studies. An acoustical study shall be submitted and its
recommendations incorporated into the construction drawings, in compliance with
Section 21.16.070 (Noise) and the Noise Element of the General Plan, prior to
building permit issuance.
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B. Air quality reports. An air quality report shall be submitted and its
recommendations incorporated into the construction drawings, in compliance with
General Plan Action COS-1 0.1b, prior to building permit issuance,
C. Building and Fire Codes. Title 18 (Building Codes and Regulations) and Title 17
(Fire Protection), incorporating the California Building Code and California Fire
Code, apply to all starter home projects.
D. Construction Management Plan. Prior to issuance of a building permit, a
construction management plan defining best management practices to reduce
construction noise and identifying proposed truck routes, in accordance with
General Plan Action N-1. 11, shall be provided.
E. Density bonus. If the starter home project utilizes Density Bonus Law pursuant to
Government Code Section 65915, an affordable housing agreement, in
accordance with Chapter 21.20 (Density Bonus and Other Incentives), shall be
recorded prior to final map recordation.
F. Encroachment permits. Separate encroachment permits shall be required for the
installation of utilities serving the starter home project, or as otherwise required by
the City Engineer. Applicants shall apply for and pay all applicable fees for sanitary
sewer, water, electric, and other utility work.
G. Homeowners' association. If a starter home project includes a common
ownership lot or otherwise constitutes a common interest development, a
homeowners' association shall be established in accordance with the Davis -Stirling
Common Interest Development Act (Part 5, commencing with Section 4000, of
Division 4 of the Civil Code). A draft of Covenants, Conditions, and Restrictions
(CC&Rs) shall be submitted for review and approval by the City Attorney prior to
final map recordation.
H. Inclusionary housing. In accordance with Government Code Section,
66499.41 (a)(7), the applicant shall provide affordable housing units or pay a fee in -
lieu as may be required by Chapter 21.24 (Inclusion:ary Housing Ordinance), as
well as any low- or very low-income units required by Section 21.25.050(C)(1)
(Minimum density), as specified in Government Code Section 66499.41 (a)(5)(A).
An inclusionary housing agreement shall be recorded prior to final map
recordation.
I. Landscaping maintenance. All landscaping shall be maintained in compliance
with Section 21.26.040 (Landscaping maintenance requirements) and Section
21.16.110. C.2 (Landscape maintenance).
J. Park impact fee. A fee in -lieu of parkland dedication shall be paid in association
with the creation of each new lot in compliance with Chapter 20.24 (Park Impact
Fees and Park Land Dedication Subdivisions).
K. Private maintenance agreements. If a homeowners' association is not required,
and shared maintenance of access ways, utilities, or other private infrastructure is
necessary, a private maintenance agreement, road maintenance agreement, or
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other mechanism acceptable to the City Attorney shall be recorded prior to
issuance of a certificate of occupancy, consistent with Government Code Section
66499.41(b)(2).
L. Public improvements and dedications. The City Engineer may require the
installation of public improvements and right-of-way dedications consistent with
City standard specifications, to be provided in compliance with Chapter 11.24
(Street Improvements). A street improvement agreement obligating the installation
of such improvements shall be recorded prior to final map recordation.
M. Site maintenance. All exterior areas of the project site shall be kept free from
graffiti, trash, rubbish, and litter in compliance with Section 21,16.110 (Site
maintenance).
N. Urban lot splits. New lots created by a starter home project shall not be further
subdivided pursuant to Chapter 20.14 (Urban Lot Splits), consistent with
Government Code Section 66499.41 (h)(1). The Community Development Director
shall require recordation of a deed restriction an each new lot created by the starter
home project to document this restriction.
0. Waste management. Refuse and recycling receptacles shall be kept within the
solid waste storage area except during collection, in accordance with Chapter 6.04
(Discarded Materials and Excluded Waste Management).
SECTION 9 (APPLICATION PROCESS). Applications for starter home projects shall be
submitted and processed in compliance with the following requirements, -
A. Application types. Starter home projects shall be reviewed ministerially by the
Community Development Director through concurrent consideration of a tentative
map application for the proposed subdivision and a Zoning Clearance application
for the housing development project to be constructed in conjunction with the
subdivision. The permitting provisions of Chapter 21.42 (Site and Architectural
Review) and Chapter 21.07 (Housing Development Regulations) shall not apply,
B. Application filing. Applications for starter home projects shall be filed concurrently
with the Community Development Department, in accordance with Chapter 21.38
(Application Filing, Processing, and Fees).
C. Review process. The Community Development Director shall ministerially review
applications for starter home projects in accordance with Chapter 21.39 (Ministerial
Approvals). If the Community Development Director determines that the starter
home project is eligible for approval and complies with the objective standards and
general requirements of State law and this interim ordinance, as applicable, the
Zoning Clearance and tentative map shall be approved.
D. Conditions of approval. Approval of a starter home project may include standard
conditions of approval that are objective, non -discretionary, and uniformly
applicable to housing development projects, as necessary to fulfill the requirements
of this interim ordinance or any other applicable provision of the Municipal Code.
The Community Development Director may also condition recordation of a final
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map upon the completion of at least one primary dwelling unit, in compliance with
the California Building Standards Code, on each new lot, excluding common lots,
that does not already contain an existing legally permitted dwelling unit, in
accordance with Government Code Section 66499.41(e).
E. Approval expiration. Approval of a Zoning Clearance application and associated
tentative map shall be valid for two years. Within this period, either the final map
shall be recorded with the Office of the Santa Clara County Clerk -Recorder or a
building permit for the starter home project shall be issued, in accordance with
Section 21.56.030 (Permit time limits and extensions).
F. Disapproval. The Community Development Director may disapprove a starter
home project that meets the requirements of this interim ordinance only if a written
finding is made, based on a preponderance of the evidence, that the project would
result in a specific, adverse impact on public health or safety, as defined in
Government Code Section 65589.5(d)(2), and: that no feasible method exists to
satisfactorily mitigate or avoid the impact.
SECTION 10 (PROJECTS DEEMED APPROVED). If the City fails to approve the completed
applications for a starter home project with sixty (60) days, and the project is deemed
approved by operation of law, all applicable objective standards of this interim ordinance shall
apply as conditions of approval. These standards shall apply to the same extent as if the
project were approved ministerially pursuant to this interim ordinance.
SECTION 11 (EARLY BUILDING PERMIT ISSUANCE). Notwithstanding Section 21.56.050
(Issuance of Building Permits), the Building Official shall issue a building permit for one or
more primary dwelling units in a starter home project prior to recordation of a parcel map or
tract map, provided the following criteria are met and the issuance is consistent with
Government Code Section 65913.4.5.
A. Approved project, The starter home project has been approved by the
Community Development Director.
B. Complete building permit application. A building permit application has been
deemed complete by the Building Official pursuant to Government Code Section
65913.3(b).
C. Covenant and agreement. The property owner has executed and recorded a
covenant and agreement, in a form acceptable to the City Attorney, stating that no
final inspection, certificate of occupancy, or temporary certificate of occupancy
shall be granted for any dwelling constructed under an early -issued building permit
until the final map is recorded. The covenant and agreement shall be binding upon
the property owner and all successors in interest.
D. Security, Any required right-of-way improvements or dedications imposed as a
condition of the Community Development Director's approval of a starter home
project shall, to the satisfaction of the City Engineer, be secured by a bond or letter
of credit as follows:
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I . Amount. The bond or letter of credit shall be in an amount equal to three
hundred percent (300%) of the City Engineer's estimated value of the
required improvements.
2. Timing. The bond or letter of credit shall be provided prior to issuance of a
building permit,
3. Release. Upon completion of the required right-of-way improvements
and/or dedications, the City Engineer shall release the bond or letter of
credit and provide written documentation confirming that the property
owner's obligation has been fulfilled.
4. Form of surety. Letters of credit and performance bonds shall satisfy the
following requirements:
a. Letters of credit shall be issued by a financial institution regulated by
a state or federal agency and shall certify that the funds necessary to
complete the required right-of-way improvements or dedications are
on deposit and guaranteed for payment. An instrument of credit
issued by a state, federal, or local government agency may also be
accepted, provided the agency is financing at least twenty percent
(20%) of the cost of the required improvements or dedications.
b. Performance bonds shall be issued by one or more duly authorized
corporate sureties and shall guarantee the required public
improvements and/or right-of-way dedications.
E. Denial. Notwithstanding the provisions of this section, the Building Official may
deny the issuance of a building permit prior to recordation of a final map by making
a written finding, based upon a preponderance of the evidence, that construction of
the proposed structure or structures before recordation of the final map would have
a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Government Code Section 65589.5, upon public health and
safety and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
SECTION 12 (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 13 (STATE LAW). Any provision of this interim ordinance which, is inconsistent with
Sections 65852,28, 65913.4.5, and 66499.41 of the California Government Code shall be
interpreted in a manner which is the most limiting on the ability to allow construction of two
units to effectuate an urban lot split, but which is consistent with State law. The provisions of
this interim ordinance shall supersede and take precedence over any inconsistent provision
of the Campbell Municipal Code to that extent necessary to effect the provisions of this interim
ordinance for the duration of its effectiveness,
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SECTION 14 (TERMINATION OF PRIOR INTERIM ORDINANCE): Interim Ordinance No.
2313, as extended by Interim Ordinance No. 2317, shall no longer be in force or effect, except
for interim Chapter 20.13 (Subdivision Standards), the interim revisions to Section 20.16-030
(Action on tentative parcel maps), and the interim deletion of Section 20.16.035 (Exception to
access requirements), which were incorporated by reference into Interim Ordinance No. 2321,
as extended by Interim Ordinance No. 2223.
SECTION 15 (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 16 (EFFECTIVENESS): This interim ordinance shall become effective immediately
upon adoption for a period of 45 days, unless extended by the City Council.
PASSED AND ADOPTED this 1 st day of July, 2025 by the following roll call vote:
AYES:
Councilmembers: Bybee, Hines,
NOES:
Councilmembers: None
ABSENT-
Councilmembers: None
ATTEST:
2
Andrea Sande
��9, City Clerk
Scozzola, Furtado, Lopez
APPROVE
Sergio 619Z'Yor
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