HomeMy WebLinkAboutCC Ordinance 2335 - Extending Ordinance No.2334 to Continue Urgency Measures Implementing senate bill 1123ORDINANCE NO. 2335
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL EXTENDING ORDINANCE NO. 2334 TO CONTINUE URGENCY
MEASURES IMPLEMENTING SENATE BILL 1123 (2024) AND ASSEMBLY BILL 130
(2025)-REGARDING MINISTERIAL APPROVAL OF STARTER HOME PROJECTS.
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;
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;
WHEREAS, on June 30, 2025, the Governor signed into law Assembly Bill No. 130
(Committee on Budget), a budget trailer bill that enacted immediate changes to numerous
provisions of state housing law, including amendments to Government Code Section
66499.41 to clarify the treatment of remainder parcels, revise the relationship between unit
construction and map recordation, and establish new limitations on the sale, lease, or
financing of subdivided parcels prior to final inspection;
WHEREAS, the provisions of Senate Bill No. 1123 and Assembly Bill No. 130 became
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;
WHEREAS, certain development standards, requirements, and permitting procedures in the
Campbell Municipal Code are currently inconsistent with the provisions authorized by
Government Code Sections 65852.28, 65913.4.5, and 66499.41, including but not limited to
lot size minimums, land use definitions, and review procedures;
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, as amended by Assembly Bill No. 130;
WHEREAS, pursuant to Section 65858 of the California 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, on July 1, 2025, the City Council adopted Interim Ordinance No. 2332 to
implement Senate Bill No. 1123; however, that ordinance had been prepared prior to the
June 30, 2025 enactment of Assembly Bill No. 130;
WHEREAS, on August 4, 2025, the City Council adopted Interim Ordinance No. 2334 to
implement Senate Bill 1123, as amended by Assembly Bill 130, thereby superseding Interim
Ordinance No. 2332.
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 15 days from the adoption of this interim ordinance, or until
the adoption of a superseding ordinance, whichever comes first;
WHEREAS, 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;
WHEREAS, it is not the intent of this interim ordinance to deny approvals needed for the
development of projects with a significant component of multifamily housing;
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;
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 extending Interim Ordinance No.
2334 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, it is not the intent of this interim ordinance to deny or delay the approval of
housing development projects that are in compliance with Government Code Sections
65852.28, 65913.4.5, and 66499.41; and
WHEREAS, considering the foregoing findings, the City Council further finds that there is a
current and immediate threat to the public health, safety, or welfare, and that adherence to
existing standards, requirements, and permitting procedures in conflict with this interim
ordinance would result in that threat to public health, safety, or welfare.
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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 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 (CEQA): Adoption of this interim ordinance is statutorily exempt under the
California Environmental Quality Act (CEQA) pursuant to California Government Code
Sections 65852.28(e), 65913.4.5(b), and 66499.41(i).
SECTION 3 (STATE LAW). Any provision of this interim ordinance which is inconsistent
with Government Code Sections 65852.28, 65913.4.5, or 66499.41 shall be interpreted in a
manner as to achieve compliance 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.
SECTION 4 (REPEAL): If Government Code Sections 65852.28, 65913.4.5, or 66499.41
are repealed or otherwise rescinded by the California State Legislature or by the People of
the State of California, this interim ordinance shall cease to be in effect.
SECTION 5 (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 6 (EFFECTIVENESS): Interim Ordinance No. 2334 is hereby extended for 10
months and 15 days, or until the adoption of a superseding ordinance, whichever comes
first.
PASSED AND ADOPTED this 16th day of September, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
er ' opez, Ma or.
ATTEST:
Andrea Sa d rs, City Clerk
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