HomeMy WebLinkAboutCC Ordinance 26-2347 - Public Hearing to Consider Options for Implentation of the Starter Home Revitalization ActORDINANCE NO. 26-2347
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL REESTABLISHING THE URGENCY MEASURES OF INTERIM ORDINANCE
NO. 2334, WITH AN AMENDMENT REVISING THE METHOD OF APPLYING VACANCY
REQUIREMENTS TO SINGLE-FAMILY RESIDENTIAL PROPERTIES, FOR CONTINUED
IMPLEMENTATION OF THE STARTER HOME REVITALIZATION ACT PURSUANT TO
SENATE BILL NO. 1123 (2024) AND ASSEMBLY BILL NO. 130 (2025)
WHEREAS, on October 11, 2023, the Governor of the State of California signed into law
Senate Bill No. 684 (Caballero), which added Sections 65852.28, 65913.4.5, and 66499.41
to the California Government Code, collectively establishing a streamlined, ministerial
approval process for small-scale housing development projects of up to ten residential units
on urban lots, and authorizing the application of objective development and design standards,
WHEREAS, on September 19, 2024, the Governor of the State of California signed into law
Senate Bill No. 1123 (Caballero), which amended Sections 65852.28 and 66499.41 of the
California Government Code to expand and clarify eligibility for ministerial approval under the
Starter Home Revitalization Act, including by permitting qualifying projects on certain vacant
single-family residential parcels, reducing applicable density thresholds, and clarifying key
implementation provisions,
WHEREAS, on June 30, 2025, the Governor of the State of California signed into law
Assembly Bill No. 130 (Committee on Budget), a budget trailer bill that enacted amendments
to Government Code Section 66499.41 and related provisions, including clarifying the
treatment of remainder parcels, refining the relationship between unit construction and map
recordation, and establishing additional limitations on the sale, lease, or financing of
subdivided parcels prior to final inspection;
WHEREAS, the provisions of Senate Bill No. 1123 and Assembly Bill No. 130 became
operative on July 1, 2025, and, in the absence of locally adopted development standards,
requirements, and implementation procedures, may conflict with existing provisions of the
Campbell Municipal Code and create uncertainty, inconsistencies, and administrative
challenges in the implementation of State law;
WHEREAS, certain development standards, requirements, and permitting procedures in the
Campbell Municipal Code are inconsistent with, or do not fully implement, the provisions of
Government Code Sections 65852.28, 65913.4.5, and 66499.41, including, but not limited to,
standards related to lot configuration, land use definitions, and review procedures;
WHEREAS, Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(1)
authorize local agencies to adopt ordinances and procedures to implement the provisions of
the Starter Home Revitalization Act;
WHEREAS, pursuant to Government Code
Campbell Municipal Code, the City Council
ordinance upon a four -fifths vote to address
health, safety, or welfare;
Section 65858 and Section 21.60.090 of the
may adopt urgency measures as an interim
a current and immediate threat to the public
WHEREAS, on July 1, 2025, the City Council adopted Interim Ordinance No. 2332 to
implement Senate Bill No. 1123; however, that ordinance was prepared prior to the enactment
of Assembly Bill No. 130 and did not reflect those subsequent amendments,
WHEREAS, on August 4, 2025, the City Council adopted Interim Ordinance No. 2334 to
implement Senate Bill No. 1123, as amended by Assembly Bill No. 130, thereby superseding
Interim Ordinance No. 2332;
WHEREAS, on September 16, 2025, the City Council adopted Interim Ordinance No. 2335
to extend Interim Ordinance No. 2334 for a period of ten months and fifteen days, which
remains in effect and is scheduled to expire on July 31, 2026;
WHEREAS, Interim Ordinance No. 2334 establishes ministerial approval procedures,
eligibility criteria, subdivision requirements, and objective development standards for
qualifying small-scale housing development projects, including provisions governing the
application of vacancy requirements to single-family residential parcels;
WHEREAS, since adoption of Interim Ordinance No. 2334, the City has received and
processed multiple applications for starter home projects, including a concentration of recent
applications on parcels developed with existing single-family residences,
WHEREAS, a number of these applications involve demolition of existing residential
structures and have raised questions regarding the interpretation and application of vacancy
requirements under the City's current interim ordinance;
WHEREAS, recent applications and the City's implementation experience have generated
public comment and policy concerns regarding the application of vacancy requirements, and
the City Council has determined that further clarification of the City's current approach is
warranted;
WHEREAS, the City Council desires to maintain the urgency measures established by Interim
Ordinance No. 2334, while providing a targeted revision to the method of applying vacancy
requirements to single-family residential properties;
WHEREAS, the City Council finds that there is a current and immediate threat to the public
health, safety, or welfare, and that recent implementation of the City's interim ordinance has
revealed a need for immediate clarification regarding its application to parcels developed with
existing single-family residences, in order to avoid inconsistent administration and the
premature removal of existing housing;
WHEREAS, the approval of additional subdivisions, use permits, variances, building permits,
or any other applicable entitlement for use which is required in order to comply with any zoning
ordinance provisions that are inconsistent with applicable State law would result in that threat
to public health, safety, or welfare;
WHEREAS, the City Council further finds that adherence to existing standards, requirements,
and permitting procedures without such clarification would result in the threat to the public
health, safety, or welfare identified above;
WHEREAS, it is not the intent of this interim ordinance to deny or delay the approval of
housing development projects that comply with Government Code Sections 65852.28,
65913.4.5, and 66499.41,
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WHEREAS, the approval of additional subdivisions, use permits, variances, building permits,
or any other applicable entitlement for use which is required in order to comply with any zoning
ordinance provisions that are inconsistent with applicable State law would result in that threat
to public health, safety, or welfare,
WHEREAS, this ordinance would not have the effect of denying approvals provided for under
State law that are needed for the development of projects with a significant component of
multifamily housing,
WHEREAS, adoption of this interim ordinance is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.28(e),
65913.4.5(b), and 66499.41(i); and
WHEREAS, this interim ordinance is adopted by a four -fifths vote of the City Council in
accordance with Government Code Section 65858 and shall take effect immediately upon its
adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 (ADOPTION OF URGENCY MEASURES): The urgency measures, standards,
procedures, and provisions established by Interim Ordinance No. 2334, as previously
extended by Interim Ordinance No. 2335, are hereby adopted and incorporated by reference
into this interim ordinance as though fully set forth herein, except as expressly modified in
Section 2 of this ordinance.
SECTION 2 (REVISION TO VACANCY PROVISIONS): The provisions previously set forth
in Subsection C (Vacant parcel) of Section 4 (Site Eligibility) of Interim Ordinance No. 2334,
as incorporated into this interim ordinance by Section 1, are hereby revised to read as follows,
with underlining indicating new text and strikeouts (strikeout) indicating deleted text.
C. Vacant parcel. A parcel located within the Single -Family (R-1) Residential Zoning
District or a legacy zoning district with a low density residential General Plan land
use designation, shall only be eligible for a starter home project if it will ► eet
satisfies the definition of "vacant," as provided in this interim ordinance, on the date
that a development proponent submits an application for a starter home project n-e
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SECTION 3 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this
interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, that decision shall not affect the validity of the remaining
portions of this interim ordinance. The City Council hereby declares that it would have passed
this interim ordinance and each section, subsection, sentence, clause, or phrase thereof
irrespective of the fact that any one or more portions may be declared invalid or
unconstitutional.
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SECTION 4 (CEQA): Adoption of this interim ordinance is statutorily exempt from the
California Environmental Quality Act (CEQA) pursuant to Government Code Sections
65852.28(e), 65913.4.5(b), and 66499.41(1).
SECTION 5 (STATE LAW): Any provision of this interim ordinance that is inconsistent with
Government Code Sections 65852.28, 65913.4.5, or 66499.41 shall be interpreted in a
manner that achieves compliance with State law. The provisions of this interim ordinance
shall supersede and take precedence over any inconsistent provision of the Campbell
Municipal Code to the extent necessary to effectuate the purposes of this interim ordinance
for the duration of its effectiveness.
SECTION 6 (REPEAL): If Government Code Sections 65852.28, 65913.4.5, or 66499.41 are
repealed or otherwise rescinded by the California State Legislature or by the People of the
State of California, this interim ordinance shall cease to be in effect.
SECTION 7 (PUBLICATION): The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its adoption
in accordance with Government Code Section 36933.
SECTION 8 (TERMINATION OF PRIOR INTERIM ORDINANCE): Interim Ordinance No.
2334, as extended by Interim Ordinance No. 2335, is hereby terminated upon the effective
date of this interim ordinance and shall thereafter have no further force or effect.
SECTION 9 (APPLICATIONS IN PROGRESS): Pursuant to Section 21.01.050.E of the
Campbell Municipal Code (Effect of zoning code changes on projects in progress), this interim
ordinance shall apply to any application for a starter home project filed with the Community
Development Department that has not been deemed complete as of the effective date of this
ordinance, except for an application for which a preliminary application was submitted
pursuant to Government Code Section 65941.1 before that date and that remains entitled to
the protections of Government Code Section 65589.5(o).
SECTION 10 (EFFECTIVENESS): This interim ordinance shall take effect immediately upon
its adoption and shall remain in effect for a period of forty-five (45) days from the date of
adoption, unless extended by the City Council.
PASSED AND ADOPTED this 21 st day of April, 2026 by the following roll call vote:
AYES: Councilmembers: Hines, Scozzola, Bybee, Furtado
NOES: Councilmembers: Lopez
ABSENT: Councilmembers: None
APPROVED:
Danie . Furtado, Mayor
ATTEST:
Andrea Sanders, City Clerk
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