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HomeMy WebLinkAboutHCD Letter (2026-01-14) CITY OF CAMPBELL Community Development Department 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL planning@campbellca.gov via electronic mail January 14, 2026 Department of Housing and Community Development Attn: Mackenzie Goldberg 651 Bannon Street, Suite 400 Sacramento, CA 95811 Re: HAU Case No. HAU0002778 – City of Campbell Context and Request for Clarification Dear Ms. Goldberg, The City of Campbell submits this letter in support of the request for technical assistance associated with Case No. HAU0002778, concerning a prospective housing development at 1995 White Oaks Road, Campbell, California. The City received a preliminary housing development application on October 1, 2025, for a proposed six-unit townhome development on this property, which the property owner has indicated is intended to proceed under SB 1123 and SB 684, collectively known as the Starter Home Revitalization Act of 2021, as amended. The City of Campbell has adopted an ordinance to implement the Act and has invested resources in providing information and materials online to support starter home projects in the Campbell community (see https://www.campbellca.gov/1535/Starter-Home-Projects). City staff have been working closely with the property owner in the hopes of facilitating this project, which on its face appears eligible for approval under the Act. The property owner has identified recorded restrictive private covenants encumbering the property that would preclude a development of the type proposed. It is not the City’s practice to enforce restrictive private covenants, which are treated as private civil agreements between property owners. Such covenants are not considered by the City when evaluating project eligibility, density, or subdivision configuration. Moreover, the Act’s narrowly defined bases for denial of a housing development project do not include the existence of restrictive private covenants. Note, however, the City distinguishes between historic restrictive covenants of this nature and contemporary covenants, conditions, and restrictions that establish a homeowners association as part of a common interest development. For factual context, the City understands that the subject tract does not include a homeowners association or other common interest development governance structure. The restrictive covenants applicable to the tract were recorded one day after the tract map was filed in 1954, and there is no ongoing HOA or association responsible for administering or enforcing those covenants. HAU Case No. HAU0002778 Page 2 of 2 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL planning@campbellca.gov Given the increasing reliance on Starter Home Revitalization Act by applicants statewide, the City and the applicant would appreciate HCD’s guidance regarding the interaction between the Act and restrictive private covenants that may conflict with the statute’s subdivision or housing authorizations. Clarification on this issue would assist both applicants and local jurisdictions in understanding the legal landscape and in reducing uncertainty in the implementation of state housing law. The City appreciates your consideration of this request. Sincerely, Rob Eastwood Community Development Director