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Home My WebLink AboutCC Ordinance 2340 - Extending Urgency Provisions realted to accessory dwelling units (ADUS)ORDINANCE NO. 2340 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). 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 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 multifamily 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 (Government Code §§66310-66342). 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 adoption of this interim ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17; WHEREAS, the City is continuing its study to update zoning code provisions to conform to recent changes in State law, which is expected to be completed within a reasonable time, not to exceed one year from the adoption of this ordinance, or until it is superseded by the adoption of a permanent ordinance, whichever occurs first; WHEREAS, the City Council finds and determines that this interim 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, 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 legislative updates contained in SB 1211 and AB 2533, which it subsequently extended for a period of ten months and fifteen days through adoption of Ordinance No. 2325 at its meeting of March 18, 2025; WHEREAS, pursuant to Section 65858 of the Government Code, the City Council now desires to extend Interim Ordinance No. 2322 for an additional period of one year, following public notice and hearing, to allow continued time for preparation and adoption of permanent regulations governing accessory dwelling units; 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; WHEREAS, it is not the intent of this interim ordinance to deny or delay the approval of accessory dwelling units that are in compliance with Senate Bill 1211 and Assembly Bill 2533; 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 ordinance would result in that threat to public health, safety, or welfare; and WHEREAS, this ordinance is adopted by a four -fifths vote of the City Council in accordance with Section 65858 of the Government Code and shall take effect immediately upon its adoption. Page 2 of 3 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 courtof 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 (CEQA): Adoption of this interim ordinance is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17. SECTION 3 (STATE LAW): Any provision of this interim ordinance which is inconsistent with State ADU' Law shall be interpreted in a manner as to achieve compliance with state law. The provisions of this 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 Ordinance for the duration of its effectiveness. SECTION 4 (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 5 (EFFECTIVENESS): Interim Ordinance No. 2322, as previously extended by Interim Ordinance No. 2325 for a period of ten months and fifteen days, is hereby extended for an additional period of one year, or until it is superseded by adoption of a superseding ordinance, whichever comes first. PASSED AND ADOPTED this 2nd day of December, 2025 by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: "_'6 " Andrea Sande , City Clerk APPROVED: Sergi opez, Mayor Page 3 of 3