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Home My WebLink AboutSummary of Ordinance 2338 - Amending Chapter 21.20 (Density Bonuses and Other Housing Incentives) of the Campbell Municipal Code to Implement Assembly Bill 1287PROOF 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: November 26 — 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: November 26, 2025 At San Jose, California SUMMARY OF ORDINANCE NO.2338 OF TH CiTY COUNCIL OF THE CITY OF CAMPBELL ORDINANCE AMENDING'CHAPTER 21.20 (DENSITY BONUSES AND OTHER HOUSING INCENTIVES) OF THE CAMPBELL MUNICIPA CODE TO IMPLEMENT ASSEMBLY BILL 1287 (2023) AND ESTABLISH A LOCAL DENSITY BONUS INCENTIVE TO ENCOURAGE THE PRODUCTION OF SMALL-SCALE HOUSING UNITS IN FURTHERANCE OF PROGRAM H-1M OF THE 2023-2031 HOUSING ELEMENT. SECTION 1: States that the ordinance implements Housing Element Program H-lm by incentivizing smaller; lower -cost units. It does so by granting one additional unit for each qualifying small unit, rhierorin the program's direction to count studios and one` bedroom units up to.625 square feet and SRO units up to 400 square feet as one-half unit for density purposes. SECTION 2: Explains that the ordinance implements Housing Element Program H-ld by reinforcing the 1,250•square-foot average maximum unit size requirement for projects exceeding 45 dwelling units per acre. The ordinance incorporates this policy by limiting the size of bonus units. SECTION 3: States that the ordinance is adopted under the authority Government Code Section 65915(n), which allows local governments to offer density bonuses beyond or below those required by state law. It clarifies that the ordinance provides optional local incentives and does not restrict any rights available under Government Code Sections 65915 through 65918. SECTION 4: Finds that the ordinance aligns Chapter 21.20 with recent state density bonus amendments under AB 1287 (2023), which authorize an additional - E stacked bonus_ for qualifying housing development projects. SECTION 5: Determines that the ordinance is exempt from CEQA under Public Resources Code Section L : 21080.85, because it implements Housing Element actions, and under CEQA Guidelines Section 15061(b) (3), because it can be seen with certainty that the ordinance will not cause significant environmental. effects and implements existing state law. SECTION 6: Finds that the ordinance is consistent with the General Plan, supports public health, safety, and welfare, and is internally consistent with the Zoning Code. SECTION 7: Amends Section 21:20.020 to add a new definition for "Affordable units," defined to have the same meaning as "target units" within the chapter. g SECTION 8: Amends Section 21.20.020 to add a new j definition for "Small-scale housing units," defined as studios.and one -bedroom units up to 625 square feet, and SRO units up to400 square feet, as small-scale housing units. It also clarifies that "livable area" has the same meaning as in Section 21.24,030 but applies to the interior livable area of each individual unit. SECTION 9: Amends Section 21.26.640.13.1.a to require that density bonus submittals include the number of proposed small-scale housing units, if applicable, as part of the projec.t's summary table. SECTION 10:Amends Section 21.20.050.A to revise how the number of bonus units is calculated. The amendment maintains the requirement that all fractional units be rounded up but replaces the prior three -step calculation method. It clarifies thatstate density bonus units under Government Code Section 165915 and the additional "stacked" bonus under Section 65915(v) must each be calculated separately based on the base units, then combined to determine the total allowable bonus units. Any local bonus authorized by Chapter 21.20 must also be calculated separately and added to the state bonus amounts. _ SECTION 11: Amends Section 21.20.050.E to clarify that a housing development is ordinarily entitled to only one density bonus, but creates an explicit exception for the additional "stacked" allowed under Government Code Section 65915(v) and'for any local bonuses authorized in Chapter21:20. The section retains the rule that bonuses from different income:., categories may not be combined. SECTION 12:Adds a new subsection 21.20.0501 to specify that base units must be rounded down to the next whole number under Section 21.02.020. D before allowable bonus units are added. The combined total establishes the maximum number of housing units permitted for the project. SECTION 13: Creates a new local density bonus in Section 21.20.060.9:3 for projects that include small- scale housing units. The new subsection establishes eligibility criteria such as a minimum base density of 45 units per acre, an average unit size cap of 1,250 square feet, compliance with Chapter 21.24s affordability and distribution requirements, and a prohibition on using State Density Bonus Law to waive these standards. It grants one bonus unit for each small-scale base unit, up to a maximum equal to the number of base units. The bonus may be combined with state bonuses under Government Code Section 65915(f) and (v) and with the City's Affordable Housing overlay bonuses, but . the resulting'units are not counted as base units for j state law purposes. The section also requires that qualifying small-scale units be preserved in their original configuration for 55 years through a recorded ' covenant:. SECTION 14: Allows the new local density bonus to be. used for housing development applications already filed, deemed complete, or;submitted as preliminary applications before the ordinance's effective date. Itauthorizes the Community, Development Director = 'to apply the bonus to an approved project when the existing conditions of approval allow administrative 11 adjustments to unit counts, so long as no changes to the approved building envelope are required. Any modification that would alter height, stories, floor. area, or building footprint must be processed as an amendment by the original decision•makingbody. SECTION 15`: Adopts a standard severabilityclause ensuring that if any portion of the ordinance is found invalid or unconstitutional, the remaining provisions continue in full force and effect. SECTION 16. Provides that the ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of. general circulation for the City of Campbell, County of Santa Clara. - . City of Campbell Andrea Sanders, City Clerk