Ordinance 2292 - Extend Interim Ordinance No. 2291 Urgency Revisions to Title 21Ordinance No. 2292
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
EXTENDING URGENCY REVISIONS TO TITLE 21 RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO CONFORM
WITH RECENT STATE LEGISLATION (AB-2221 AND SB-897), ADOPTED UNDER
ORDINANCE NO. 2291. PLN-2022-166
WHEREAS, on September 28, 2022, the Governor of the State of California signed
into law Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk -Silva), which
combined, amended Government Code Sections 65852.2 and 65852.22, and created Section
65852.23, and amended Health and Safety Code Section 17980.12, pertaining to the creation
of accessory dwelling units and junior accessory dwelling units, and which took effect January
1, 2023.
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage of SB-897 (Wieckowski) and AB-2221 (Quirk -Silva) in that the
City's local accessory dwelling unit ordinance is no longer consistent with Government Code
Sections 65852.2 and 65852.22 as of January 1, 2023, rendering the City's ordinance null
and void, thereby limiting the City to applying the few default statutory standards provided in
the aforementioned Government Code sections for the approval of accessory dwelling units
and junior accessory dwelling units.
WHEREAS, the City is undertaking a study to development permanent zoning
standards to conform its current zoning code provisions to conform to the changes in the State
law, which shall be completed within a reasonable time, not to exceed 23 months from the
adoption of this interim ordinance.
WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent
zoning standards implementing State law.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to
adopt urgency measures as an interim ordinance.
WHEREAS, the approval of accessory dwelling units and junior accessory dwelling
units based solely on the few default statutory standards of the California Government Code,
without local regulations governing height, setback, landscape, and architectural review,
among other things, would threaten the character of existing neighborhoods, negatively
impact property values, personal privacy, fire safety, and create confusion that would hinder
the creation of accessory dwelling units and junior accessory dwelling units within the
community.
WHEREAS, on February 7, 2023, the City Council adopted an interim ordinance
(Ordinance No. 2291) to adopt urgency revisions to Title 21 related to accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) to conform with recent state legislation
(AB-2221 and SB-897).
WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may
extend the interim ordinance for 10 months and 15 days after public notification and following a
public hearing.
WHEREAS, the City Council finds and determines that the extending Interim
Ordinance No. 2291 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, adoption of this ordinance is not a project under the California Environmental
Quality Act (CEQA) pursuant to pursuant to Public Resource Code Section 21080.17, which
exempts the adoption of an local ordinance to implement the provisions of Section 65852.1 or
Section 65852.2 of the Government Code relating to the accessory dwelling units.
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
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 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.
SECTION 2 (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 3 (APPLICABILITY): This ordinance is applicable to the creation of accessory dwelling
units and junior accessory dwelling units, including such units that are created as part of a "SB-9
proposed housing development" pursuant to Chapter 21.25 (Two -Unit Housing Developments).
SECTION 4 (EFFECTIVENESS): Interim Ordinance No. 2291 is hereby extended to June 30,
2023, or until it is superseded by adoption of superseding ordinance, whichever comes first.
PASSED AND ADOPTED this 21st day of March, 2023 by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATT ST:
Andrea Sand' s, City Clerk
APPR D:
Anne Bybee, May
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