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Home My WebLink AboutSummary of Ordinance 2333 - Implementing Senate Bill No. 1123natural community conservation plans, or include tenant -occupied housing denialished in the past live Yeats. unless exempl due to natural disaster. PROOF OF PUBLICATION (20155 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: July 16 — 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: July 16, 2025 At San Jgse, California C ................................ SUMMARY OF ORDINANCE NO. 2333OFTHE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. U23 (2024) AND ASSEMBLY BILL NO.130 (2025). REGARDING MINISTERIAL APPROVAL OF STARTER HOME PROJECTS. SECTION I (PURPOSE): Establishes lemporary provisions in Title 21(Zoning) to implement Government Code Seelions 65852.28, 65913.4.5, and 66499.41 by facilitating ministerial approval of starter home projects and urban lolsplils. Supersedes any conflicting zoning code provisions while retaining nan- conflicting regulations. S ECTION 2 (APPLICABILITY); This interim ordinance applies exclusively to voluntaryappllcalions for starter home projects. as defined in the ordinance Property owners maycontinue to pursue conforming , subdivisions under Title 20 and the Subdivision Map Act. SECTION 3 (DEFINITIONS): Establishes definitions that control over conflicting definitions elsewhere in the zoning code or Interim Drama nee No, 2321. Defines key . (arms including'designaledremainder parcel: "living ; area; "starter home project," "(emotive map.` "final map," and "vacant" with the latter term excluding lots recenliy occupied by tenants or containing j protected affordable housing. These definitions ensure consistent interpretation of eligibility and application requirements under stale taw. SECTION 4 (SITE ELIGIBILITY): Establishes aligibilily criteria for parcels proposed for slarter home Projects. Qualifying parcels must be located in specified zoning districts. legally created, and, If zoned Rd, vacant. Parcels must not exceed defined size limits, must be substantially surrounded by urban uses, and may not have resulted from prior urban lot splits. Disqualifying conditions include recent Ellis Act withdrawals. location on hazardous waste sites. Rood zones, fault zones, or habit at areas for protected species. Parcels I also must not lie within fire hazard severilyzones. i SECTION 5 (PROJECT ELIGIBILITY): Specifies eligibility criteria for starter home projects. Projects most propose 21010lots and no more than 10 primary dwelling units. excluding JADUs. Minimum density requirements vary depending on Housing Element designation, and excludes designated remainder parcels. Demolished units must be replaced in compliance with Stale law. Projects may not use Density Bonus Law to exceed the 10-unit cap or override statutory requirements. Demolition L1r oralleralion of lericcupied, rent restricted, L or affordable housing within the past five years is Prohibited. SECTION 6 (OBJECTIVE STANDARDS): Requires compliance with objective standards for subdivision, zoning, site development. and limited design elements. Subdivision stan de rds address minimum lot size, ownership forms, utility access, and prohibit separate ownership of existing dwellings. Zoning standards are detailed in Table 1 and ineorporale modified form based setbacks, height. and intensity limits; new lots must meet minimum 800 sq. ft. area for multi.iamily zoned properties. or 1.200 sq. It. for single-family zoned properties. Projects must also follow a plicable MFDDS provisions for fencing. lighting, park! g, and utilities. with specific exceptions. Design standards are generally waived. except for bird -safe window Ireatri Additional requirements include accessibility for [aFilar projects. prohibition on ADUs (except JADUs). and compliance with face l5foraminifer regulations. SECTION 7 (EXCEPTIONS TO OBJECTIVE STANDARDS): Allows the Community Developmenl Qirector to grant exceptions to objective standards required by this interim ordinance if such standards wood physically preclude a starler home project from achieving density of up to 30 dwelling units Per gross acre. Exceptions must be requested in the initial application, are subject Io a fee. and may only be granted fo the mirunwm extent necessary. Exceptions will not be granted if the project can he feasibly redesigned to comply while maintaining unit count and mc,iigosize. Disputes arc subject to the Cily's standard interprela lion a not appeal procedures. SECTION a (GENERAL REQUIREMENTS AND RESTRICTIONS): Identifies conditions applicable to all starter home projects, including submittal of acoustical and air quality studies, compliance with bolding and fire codes, and preparation of a construction management plan. Projects using Density Bonus Law must record an affordable housing agreement. Other requirements include utility encroachment permits, formation of homeowners associations or private maintenance agreements. provision of inctusionary housing, payment of park impact fees, and installation of public improvements. Landscaping and site mainlersanee must be maintained per municipal standards. Starter home lots may not be further subdivided through urban lot splits, and waste management rules must be followed. SECTION 9 (APPLICATION PROCESS): Starter home projects must be submitted as concurrent applications for a,ariefive map and Zoning Clearance, reviewed ministerially by the Community Development Director. The Site and Architectural Review process does not apply. Applications must comply with standard filing procedures and will be emkia led under Chapter 21.39, Approvals may include objective. non -discretionary '.. conditions and are valid for two years. A project may be denied only if a specific, adverse impact on public health or safely Is substantiated and cannot be feasibly mitigated. SECTION 10(PROJECTS DEEMED APPROVED): lithe i City fails to act on a completed starter home project applical ion within 60 days and the project is deemed approved by law, all applicable objective standards of this interim ordinance shall still apply as binding I conditions olapprovai. as if the project had been approved ministerially. SECTION z1(EARLY BUILDING PERMIT ISSUANCE): Authorizes the Building Official to issue building permits for primary dwelling units prior to final map recordation, provided the project is approved, the building permit application is complete, and a retarded covenant restricts occupancy until map recordation. Right-ofwayimprovemenls must be secured by a bond or letter Q(credit equal 10 3000%of estimated costs. Surely instruments must meet specific financial standards. Permits maybe denied t( early construction poses a specific, unmiligable threat to Public health or safety. SECTION 12 (SALE, LEASE, AND FINANCING RESTRICTIONS): Establishes restrictions an the sah'.lease, orfinaneing of parcels withine starter home project, consistent with Government Cade Section 66499.41(e). Parcels generally may not be transferred or financed until a dwelling unit has been constructed and approved for occupancy. Exceptions apply to Parcels with existing dwellings, common I ots. designated remainders with a cerlilicale of compliance, the final undeveloped parcel when all others are built, and parcels spa cifically authorized for early transfer under project conditions e( approval. Violations constitute illegal subdivisions understate law and are subject to enforcement actions. The final map must disclose these restrictions. SECTION 13 (SEVERABILITY): Oeclares that it any provision of this interim ordinance is found invalid or unconstitutional by a court (he remainder shall remain in effect. The City Council affirms its intent to adopt all valid provision independently of a`1i y invalidated part. SECTION 14 (STATE LAW): Ensures that any inconsistencies between this interim ordinance and Gover nment Code Sections 65852.28. 65913.1 5.or 66499.41 a re re solved in favor of The most restncfive interpretation that still complies with state law. The ordinance supersedes conf icting provision"[ the Municipal Code tar the duration of its effectiveness. SECTION 15 (REPEAL OF PRIOR INTERIM ORDINANCE): Repeals Interim Ordinance No. 2332 in its entirely. The prior ordinance shall have no further force or effect upon adoption of this inlerim ordinance. SECTION 16 (PUBLICATION): The City Clerk shall cause this interim ordinance or a summary thereof. tobebe published at leas( once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section36933. SECTION 17 (EFFECTIVENESS): This interim ordinance shall become elf,e ive immediately upon adoption for a period of 45 days. unless extended by the City Council. CITY COUNCIL CITY OF CAMPBELL ANDREASANDERS 0 CITYCLERX