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Home My WebLink AboutCC Ordinance 26-2349 - Public Hearing to Consider Adoption of an Ordinance Extending Interim Ordinance 26-2347ORDINANCE NO. 26-2349 BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING INTERIM ORDINANCE NO. 26-2347, WHICH REESTABLISHED THE URGENCY MEASURES OF INTERIM ORDINANCE NO. 23349 AS AMENDED TO REVISE THE METHOD OF APPLYING VACANCY REQUIREMENTS TO SINGLE-FAMILY RESIDENTIAL PROPERTIES, FOR CONTINUED IMPLEMENTATION OF THE STARTER HOME REVITALIZATION ACT. 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(i) authorize local agencies to adopt ordinances and procedures to implement the provisions of the Starter Home Revitalization Act, WHEREAS, on July 11 2025, the City Council adopted Interim Ordinance No. 2332 to implement Senate Bill No. 1123; however, that ordinance had been prepared prior to the June 30, 2025 enactment of Assembly Bill No. 130, WHEREAS, on August 4, 2025, the City Council adopted Interim Ordinance No. 2334 to implement Senate Bill 1123, as amended by Assembly Bill 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; WHEREAS, on April 21, 2026, the City Council adopted Interim Ordinance No. 26- 2347 for an initial period of forty-five (45) days, which reestablished the urgency measures of Interim Ordinance No. 2334, with an amendment revising the method of applying vacancy requirements to single-family residential properties, and superseded Interim Ordinance No. 2334; WHEREAS, Interim Ordinance No. 26-2347 currently provides the City's interim standards and procedures for implementing the Starter Home Revitalization Act, including eligibility criteria, subdivision requirements, and objective development standards for qualifying small-scale housing development projects, as well as provisions governing the application of vacancy requirements to single-family residential parcels; WHEREAS, unless extended by the City Council in accordance with Government Code Section 65858, Interim Ordinance No. 26-2347 will expire on June 5, 2026, and the interim standards and procedures established by that ordinance will no longer remain in effect; WHEREAS, pursuant to Government Code Section 65858(d), the City Council has considered and hereby issues the Staff Report dated May 19, 2026, as the written report describing the measures taken to date to alleviate the condition that led to the adoption of Interim Ordinance No. 26-2347 and the urgency measures originally established by Interim Ordinance No. 2334, and such report was issued at least ten (10) days prior to the expiration of Interim Ordinance No. 26-2347 or any extension thereof, WHEREAS, the City is continuing its study to update zoning code provisions to conform to recent changes in State law, which is expected to be completed during the extension period authorized by this ordinance, or before adoption of a superseding permanent ordinance, whichever occurs first, WHEREAS, since the adoption of Interim Ordinance No. 26-2347, the City has continued to receive, process, and evaluate starter home project applications under the City's interim implementation measures; WHEREAS, the implementation experience that supported adoption of Interim Ordinance No. 26-2347 continues to demonstrate the need for clear interim standards governing starter home project applications, particularly for applications involving single- family residential properties; WHEREAS, the City Council desires to extend Interim Ordinance No. 26-2347 to maintain the City's current interim implementation measures while City staff continues to Page 2 of 4 evaluate permanent amendments to the Campbell Municipal Code and any further changes to State law affecting the Starter Home Revitalization Act, WHEREAS, the City Council finds that there remains a current and immediate threat to the public health, safety, or welfare because the expiration of Interim Ordinance No. 26- 2347 would remove the City's current interim standards and procedures for implementing the Starter Home Revitalization Act, thereby creating uncertainty, inconsistent administration, and the potential for premature removal of existing housing before permanent regulations are adopted; 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(1)-, WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may extend the previously adopted interim ordinance for 10 months and 15 days after public notification and following a public hearing, WHEREAS, the City Council finds and determines that extending Interim Ordinance No. 26-2347 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code, WHEREAS, this interim 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, it is not the intent of this interim ordinance to deny or delay the approval of housing development projects that are in compliance with Government Code Sections 65852.281 65913.4.5, and 66499.41; and WHEREAS, considering the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, and that adherence to existing standards, requirements, and permitting procedures in conflict with this interim ordinance would result in that threat to public health, safety, or welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 (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, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Page 3 of 4 SECTION 2 (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(i). SECTION 3 (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 4 (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 5 (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 6 (EFFECTIVENESS): This ordinance shall take effect upon adoption by a four - fifths vote of the City Council. The ten (10) month and fifteen (15) day extension period for Interim Ordinance No. 26-2347 shall commence upon expiration of its initial forty-five (45) day term. Accordingly, Interim Ordinance No. 26-2347 is extended through April 20, 20271 or until the adoption of a superseding ordinance, whichever occurs first. PASSED AND ADOPTED this 2nd day of June, 2026 by the following roll call vote: AYES: Councilmembers: Hines, Scozzola, Bybee, Furtado NOES: Councilmembers: Lopez ABSENT: Councilmembers: None APPROVED. Daniel E. Furtado, Mayor ATTEST: Andrea Sanders, City Clerk Page 4 of 4