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Home My WebLink AboutSummary of Ordinance 2332 - Implementing Senate Bill No. 1123PROOF OF PUBLICATION (2015.5 c.c.p.) PROOF OF PUBLICATION State of California County of Santa Clara I am a citizen of the United States and a resident of the State of California: I am over the age of 18 years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of Metro Silicon Valley's Weekly Newspaper, 380 South First Street, San Jose, California 95113 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the.State of California by the Superior court of the county of Santa Clara, State of California, on April 7, 1988, Case No. 651274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates: June 11 — 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: June 11, 2025 At San Jose, California Dave Mi ler Filing Stamp C. C, c)-� I SUMMARY OF ORDINANCE NO.2332 OFTHE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY MEASURES IMPLEMENTING SENATE BILL NO.1123 BY ESTABLISHING INTERIM STANDARDS AND PROCEDURES FOR MINISTERIALAPPROVAL OF SMALL-SCALE HOUSING SUBDIVISIONS. SECTION 1(PURPOSE): Establishes temporary , provisions iri.Title 21(Zoning) to implement Government Code Sections 65852.28, 65913 4 5, and 6649941 by facilitating ministerial approval of starter: home projects and urban lot splits-. Supersedes any -- conflicting zoning code provisions while retaining non- conflictingregulations. = _ SECTION 2 (APPLICABILITY): This interim ordinance applies exclusively to voluntary applications for starter home projects, as defined in the ordinance: Property owners may continue to pursue conforming subdivisions under Title 20 and the Subdivision Map Act. SECTION (DEFINITIONS): Establishes definitions that control over conflicting definitions elsewhere in the zoning code or Interim Ordinance No. 2321. Defines key terms including "living area," "starter... home project;', -tentative map,".and'vacant; with the latte :term excluding lots recently occupied by', tenants or containing protected affordable housing. ` These definitions ensure consistent interpretation of eligibility and application requirements understate of.thisinterim ordinance shall still apply asbinding law. conditions of approval, as if the project hadbeen ' approved ministerially , SECTION 4 (SITE ELIGIBILITY): Establishes eligibility j criteria for parcels proposed for starter home projects. SECTION 11 (EARLY BUILDING PERMIT ISSUANCE): Qualifying parcels must be located in specified zoning Authorizes the Building Official to issue building districts, legally created, and, if zoned R-1, vacant. ;permitsfor primarydwelling units prior tofinal map Parcels must not exceed defined size limits, must be recordation, provided the project is approved, the substantially surrounded by urban uses, and may not building permit application is complete, and a recorded have resulted from prior urban lotsplits:Disqualifying 'i'covenantrestrictsoccupancyuntil map recordation. I conditions include recent Ellis Act withdrawals,. Right-of-way improvements must besecured bya I location on hazardous waste sites, flood zones, fault bond or letter ofcrecitegualto300%of estimated zones, or habitat areas fcrprotected species. Parcels casts. Surety instrumentsmustmeetspecificfinancial also must not lie within fire hazard severity zones, standards. Permits may be denied If early construction natural community conservation plans, or include poses a specific, unmitigablethreat topublic health tenant -occupied housing demolished inthe past five orsafety. rs yeaunless exempt due to natural disaste.r r ` SECTION 12(SEVERABILITY) Declares that ifanyi SECTION,5(PROJECTELIGIBILITY):Specfieseligibility= .. provision of this interim or is found invalid or = ; criteriaforstarterhomeprojects.Projectsmust unconstitutiomlbyacourt, the remaindershallremam propose 2 to 10 lots and no more than 10 primary in effect. The City:Council affirms its.intent to adopt Al.,- "..'valid dwelling units, excludingjuniorADUs.Minimumdensity provisions indeperidentlyofanyinvalidated part. .requirements vary deperjding on Housing Element desigpationand affordability targets,Demolished : SECTION 13 (STATE LAW)'Ensures that any units must be replaced, and historic resource. may . inconsistencies between this interim ordinance and . , only be altered with prior approval. Projects May Government Code Sections 65852.28,65913.4.5,or not use Density Bonus Law to exceed the10=unit 66499.41 are resolved in favor.of the most restrictive caporovenr-Westatutoryrequvements.Demolition inte�pretationthat still complieswithstatelaw. The j orolterationoftenant-occupied, reriErestricted, - _ . ortlinancesupersedesconflictingprovisions'afthe. oraffordablehousingwithinthe past five years is Municipal Code for the duration of its effectiveness . prohibited.SECTION 14 (TERMINATION OF PRIOR INTERIM. i '' ORDINANCE) Termtnates Interim Ordinance No.=;` SECTION 6 (OBJECTIVESTANDARDS): Requires 2313, as extended by No.2317, except for specihc= _ compliance with objective standards for subdivision, provisions -interim Chapter 20.13, revised Section l zoning, site development, and limited design elements _>.., '2016030randdeletedSection 20.16,035—which Subdivision standards address minimum lot size , ` bwnershipforms, utility access and prohibit separate remainrrieffect through their incorporation into - ;'IntenmOrdinanceNo 2321 asextend_edby.No:2223. ownership of existing dwellings.Zoningstandards are.detailedinTable Iand incorporate modiffedform- SECTION I5(PUBLICATION) The City Clerk shall. based setbacks, height, and intensity limits new lots cause this interim ordinanceorasummarythereof ' m R-lzones must meet a mjmmum 800sg ft area ;; to be published at least once m anew of ; Proj'ectsmustalsofollowapphcableMFDDSprowsians ?generaicirculationwithin15days'aftentsadopfionm, -- forfencing;lighting parking, andutlities wdhspecifjc accordance with Government Code Section36933 - eicceptions. Design Wii8iifds are generally wiNed exceptforbird-safewmdowtreatment:Addihonal i SECTION I6(EFFECTIVENESS):This intenmordinance . l requirements includeaccessibilityfor largerprojecis, shall become effective immediately upon adoptionfor.a: prohibition on ADus (except)ADUs), and comphance: period of45 days unless, extended by the City Council. , With local stormwaterregulahons SECTION7(EXCEP.TION5TOOBIECTIVESTANDARDS) CITY OFCAMPBELL i Allows the Community DevelopmentDirectorto-grant ANDREASANDERS I exceptions.toobjective standkd requiiedbythis 1L. CITY CLERK interim ordinance if such standards would physically preclude a starter home project from achieving 6 density of.up to 30 dwelling units pergross acre: Exceptions must be requested in the initial application;_ are subject to a fee, and may only be granted to if e minimum extent necessary. Exceptions will not be ;<_ granted i f the project can be feasibly redesigned to complywhilemaintaining''unitcount andaverage ' size. Disputes are subject to the City'sstandard' •'•_- interpretation and appeal procedures. SECTION 8 (GENERAL REQUIREMENTSAND RESTRICTIONS): Identifies conditions applicable to all starter home projects, including §&n4tal ofacousticalandairqualitystudies,compliance;:-_:.' ! with building and fire codes, and preparation of a construction management plan. Projects using:_,:_ " Density Bonus Law must record an affordable housing agreement:;Otherrequirementsinclude utdity "I encroachment permits. formation of homeowners' associations orpnvate maintenance agreements provision of inclusionary housing, payment of park impact.fees; and installation of public improvements... Landscaping and site maintenance must be maintained`= l Per munccipa I standards.' Starter home lots may hot be,_ further subdivided through urban lotsplits and waste managementrules must be followed: " r SECTION 9 (APPLICATION PROCESS):Starter-home'^ projects must be submitted as concurrent applications ;... fora tentative map and Zoning Clearance, reviewed minis terially,bytheCommunityDevelopmentDirector. The Site and Architectural Review process does not l apply:Applicationsmiistcomply with standard filing ' =' conditions and are Valid for two years. A project May,;,- - be denied only if a specific, adverse impact on public . health or safety is substantiated and cannot be feasibly SECTION 10 (PROJECTS DEEMED APPROVED) If the City fails to act on a completed starter home project ' application within 60 days and the project is'deemed ; approved by law. allapplicableobjective standards. ... Publish June 11.2025