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Home My WebLink AboutSummary of Ordinance 2338 - Amending Chapter 21.20 (Density Bonuses and other Housing Incentives)PROOF 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: December 10 — 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: December 10, 2026 At Sqn Jose, California Filing Stamp SUMMARY OF ORDINANCE N0:2338 OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ORDINANCE AMENDING CHAPTEW21.20 (DENSITY BONUSES AND OTHER HOUSING INCENTIVES) OF THE CAMPBELL MUNICIPAL CODE TO:IMPLEMENTASSEMBLY BILL 1287 (2023) AND ESTABLISH A LOCAL DENSITY BONUS INCENT NE�TOENCOURAGE°THE PRODUCTION OF SMALL-SCALE HOUSING- UNITS IN FURTHERANCE OF PROGRAM H-iM OF THE 2023-2031 HOUSING ELEMENT-- SECTION 1: States that the ordinance implements Housing Element Program H-1m by incentivizing smaller, lower -cost units. It does so by'granting one additional unit for each qualifying small unit,-mirro_ri 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 requirementforprojects exceeding 45 dwelling unit per acre. The ordinance in corporates.this policy by limiting the size of bonus SECTION 3: States thatthe ordinance is adopted and the authority of Government Code Section 65915(n), which allows local governments to offer density bonuses beyond or below those required by state la It clarifies that the ordinance provides optional local incentives and does not restrict any rights available. under Gove.mment,Code Sections 65915 through, 65918. ; •SECTION 4: Finds that the.ordinance alignsChapter 21.26 with recent stake density bonus amendments under A81287 (2023), which authorize an additional stacked bonus for qualifying housing development= projects. SECTION 5: Determines that the ordinance is exempt from CEQA under Public Resources Code Section 21080.85; because it implements Housing Element actions; and.underCEQAGuidelines Section 15061( (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 ordinance.is consistent wi the GeneratPlan, 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 "targetunits' withinthe chapter. SECTION 8: Amends Section 21.20.620toadd a new . definition for "Small=scale housing units," defined as studios and one -bedroom units up to 625 square feet, and SRO units up to 400 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 21.20.04O B.1:a to require that density bonus submittals include the number of, proposed small-scale housing units, if applicable, as part of the project's summary table.. SECTION 1O. Amends Section 21.20,00.Ato 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 that state density bonus units under Government Code Section 65915 and the additional." stacked" bonus under Section 65915(v) must each be calculated separately based on the base units, then combined to determine , - al allowable bonusunitsAny local bonus_. - authorized by Chapter 21.20 must _also be calculated separately and added to the state bonus,amounts. I 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" bonus allowed under Government Code Section 65915(v) and for any local bonuses authorized in Chapter 21.20, The section retains the rule that bonuses from different income categories may not be combined. SECTION�12: Adds a new subsection 21.20.050 F: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 dousing units permitted for the project. SECTION 13: Creates a new local density bonus in Section 21.20.060.B.3 for projects that include small- scale housing units. The new subsection establishes eligibility criteriasuch as a minimum base density of 45 units per acre, anave rage unit size cap of 1,250 square feet, compliance with Chapter 21.24's affordability and distribution requirements, and a prohibition"on using State Density Bonus Law to waive these standards:lt grants one bonus unit for each small-scale base unit,.:.: up t6a maximum'egbal 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 state law purposes. The sectionIalso 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 ng ' used for housing development applications already filed, deemed complete, or submitted as preliminary applications before the ordinance's effective date. it authorizes the Community Development Director to apply the bonus to an approved project when the existing conditions of approval allow administrative adjustments to unit counts, so long as no changes s to the approved building envelope are required. Any modification that would alter height, stories, floor area, or building footprint must be processed as'an, er:. amendment by the original decision .making body. SECTION 15: Adopts a standard severability clause ensuring that if any portion of the ordinance is found w . 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. PASSED AND ADOPTED this 26d day of December, 2025 by the following roll call voter AYES: Councilmembers: Bybee, Hines. Scozzola, b) Furtado, Lopez ,,,NOES. Councilmembers: None '`.'ABSENT: Councilmembers: None j th; APPROVED: Sergio Lopez, Mayor ATTEST: Andrea Sanders, City Clerk City of Campbell Publish Date: December 10.- 2025. i