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Home My WebLink AboutSummary of Ordinance 2332 - Implementing Senate Bill No. 1123SUMMARY OF ORDINANCE NO.2339 , OFTHE CITY COUNCIL OF THE CITY 0 . CAMPBELLAUOPTING URGENCi) MEASURES ' I IMPLEMENTING SENATE BILL NO.1123 BY ESTABLISHING,INTERIM STANDARDS AND PROCEDURESFORAINIStERIALAP„AROVAL ` oFSMALILSCALEHOUSINGSUBDIVISIONS. A SECTION I (PURPOSE): Establishes temporary PROOF OF PUBLICATION provisionso%Titie2l'(,Zcning)toimplemont GovernrmmtdodeSeciions65852-28.65913.4,5,and, t required by this interim ordinance if such standards Would physically preclude a starter home project j from achieving a density ofup to 30 dwelling units per gross acre. Exceptions must be requested in the initial application, are subject toafee,and may only be granted to the minimum extent necessary. Exceptions will not be granted if the project can be feasibly ` redesigned to comply while maintaining unit count and averagesize,Disputesaresubject to theCity's r" standardmterpretationantlappealprocedures. (2015.5 c.c.p.) = 66499.41byfacilitating ministerial approvalofstarter, home projects and urban lofsptfts: Supersedes any PROOF OF PUBLICATION conflicting zoning code provisions while retaining non State of California conflicting regulations, County Of Santa Clara SECTIDN2-(APPLICABILITY); This interim ordinan_ce " appiiesexclusivelytovoluntary applications for . I am a citizen of the United starter home projects; as defined in the ordinance: States and a resident of the Property owners may continue to pursue conforming sbIrdiv,sfonsGnderTiite20and the Subdivision Map, State of California: I am over Act. the age of 18 years, and not SECTION 3 (DEFINITIONS): Establishes definitions inat,controf over conftictingdefinitions elsewhere' party to or interested in the rrithe zoningcodeorinterim OrdinanceNo. 232I:, Defines key terms in "living area," "starter. above -entitled matter. I am the homeproject "tentativemap,"and vacant,"withthe� principal clerk of the printer of latter term excluding lots recently occupied by tenants , oraontaining'protected' affordablehousing,These _ . Metro Silicon Valle 's Weekly y y definitfonsensureconssCentinterpretationofelig_ibility` andappjicationrequirementsunderstatelaw.' Newspaper, 380 South First ;SECTION 4(SITE ELIGIBILITY): Establishes eligibility Street, San Jose, California criteria for parcels proposed fonstarterhome projects. Qualifying parcels must be located in specified zoning 95113 a newspaper published districts, legallycreated,and, ifzoned R1,vacant. Parcels must in the English language in the , must not, exceed defined size t fmfts; be - s;bstahhauysu�rourdadbyarbanu9es,andmayet ,„ City of San Jose, and adjudged yCon have resulted `tromprforurban lot splits. Disqualifying:" ditions include recent Ellis Act withdrawals,. a newspaper of general circula- location on hatardouiwastesite`s,flood zones. fault zones, orhabitatareasfor tion as defined by the laws of protectedsp.ties.Parcels"° alsomusthot Jfie within fire hazard severity zones; natural the State of California by the community conservation plans, or include tenant -occupied housingdemolishedinthe pastfive Superior court of the county of Years,udlessexemptduetonatrrald'isaster. Santa Clara, State of California,, SECTIONS '(PROJECT ELIGIBILITY):Specifies on April 7, 1988, Case No. eligibility criterfa for„starter home projects. Projects must propose2to10lots and nomorethanlbprimary 651274; that the notice of which dwelling units; excluding junior ADUs. Minimum density' requirementsvarydependingonHousing Element annexed is a Anted Co P by designation and affordability targets. Demolished, units must be replaced, and historic resources may only° has been published in each bealtered with priorapprovai.Projectsmay not use, " regular and entire issue of said Density Bonus Law to exceed the 10=unit cap or ovefride statutory requirements. Demojitionoralteration of,' '. . newspaper and not in an sup- y p tenant-occu`pfed rent -restricted, or affordable housing Within `the'pastfiiveyears isprohibited. plement thereof on the follow- SECTION 6(OBJECTIVE STANDARDS) Requires ing dates: compliance wittiobjeetivestandardsiorsubdivisjon, July 9 — 2025 zoning, siIa development, and limited design elements: Subdivision standardsaddress minimum lot size„` I certif //or y l declare ) under ownership forms; utility access, and prohibit separate ". owhershipofexistingdwellings.Zoningstandardsf' ^ � , penalty of perjury that the are detailed in TabI61 and incorporate modified form - based setbacks, height, and intensity limits: dery lots foregoing is true and correct. inR1zones must meetaminimum 800sq.ft.area:' Projects must'also followapplicabie MFDDS provisions " fdi fencing,fighting.;parking, and utiijtles, with specific, Dated: July 9, 2025 At San Jose, California Miller exceptions.„`Design standards generallyare waived. except for bird -safe window treatment, Additional require ments'include accessibility for larger projects;' pfohibition.onADUs (except JADUs),and compliance with localstormwate,regulations. , SECTION 7(EXCEPTIONS 'TO OBJECTIVE` STANDARDSj Allows iheComniunfty D'evelopmegt - Directortogrant exce'ptio,nsto, objective standards,' w SECTION 8 (GENERAL REQUIREMENTS AND constructiorrn Density Bonus agreement. Ot encroachment associations o t =, provision of im E° impact'fees,ai I andscaping a per municipal furthersubdiv management, SECTION 9 (A projects must for a tentative ministerially bi The Site and Ai apply. APpliicat procedures an Approvals may conditions and be denied only the City Council. PASSED AND ADOPTED this 1st day of July. 2025 by the following roll callvote: AYES Counciimembers:Bybee Hines.Scozzola, FiJrtadorLopez, i . NOES. Councitmembers>None ABSENT: Counciimembers:None 'ABSTAIN: Counciimembers: None, APPROVED: Sergio Lopez, Mayor `ATTESL Andrea Sanders, City Clerk i. Pub f sh 0ate:luly 9.2025 SECTION 10 (PI City fails to act c application with approved by law of`this interim of conditions of ap approved mfnist SECTION U(V Authorizes the E permits for prim recordation. pro building permit i covenant restric Right-ot•way irr j bond or letter of including submittal studies, compliance and preparation of a, Ilan. Projects using brd an affordable housing ants include utility nation of homeowners' tenance agreements, isng, payment of park of public improvements,. anahce must be maintained irter home lots may not be Aan lot splits, and waste followed PROCESS), Starter home as concurrent applications ig'Clearance , reviewed rityDevelopment Director. ;view process does not fated and cannot be feasibly TEEMED APPROVED), Ifdhe led starter horPeproject Ind the project is deemed ble objective standards all still apply as binding the project had been )ING PERMIT ISSUANCE): is the poses aspecific,unmitfgablethreat topublic health' ` or safety, SECTION 12 (SEVERABILITY): Declares that if any " provislori of this interim ordinance is found invalid or unconstitutional by court; the remainder shall remain in effect. The City'Council affirms its intent to adopt all valid provisions independently of any invalidated part., SECTIONI3 (STATE LAW): Ensures that any inconsistencies betweenthis interim ordinance and ` Government Code Sections 65852.28.65913.4.5: or° 66499.41 are resolved in favor ofthe most restrictive .° interpretation that still complies with state law, The' ' ordinance supersedes conflicting provisions of -the Municipal Code for the duration of its effectiveness. SECTION 14{TERMINATION OF PRIOR INTERIM ORDINANCE): Terminates interim Ordinance No, 2313, as extended by No. 2317, except for specific' provisions -interim Chapter 20.13, revised Section ,20.16`.030, and deleted Section 20.16,035-which remain in effect through their incorporation into Interim Ordinance:No,`2321,as extended by No'. 2223: SECTION 15 (PUBLICATION): The City Clerk shall i cause. thisinterimordinance orasummarythereof to be published at least once in anewspa"per of - generai' circulation withidl5daysafterits adoption in { actordancewithGovernmentCodeSection369AA' certified copy of the full text of the proposed Ordinance , is posted and available for public review at the City. Clerks Office; City of Campbell, 70 N. First Street; Campbell, Caitfornia. >" SECTION 16 (EFFECTIVENESS):7his interim ordinance'shalibecome effective immediately upon II adoption for a period of 45 days. unless extended by