Ordinance 2300 - Extend Urgency Revisions to Title 21 Related to (ADUs) Ordinance No. 2300
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 COMPLIANCE
FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD) ADOPTED UNDER ORDINANCE
NO. 2299. PLN-2023-132
WHEREAS, on June 30, 2023, the City of Campbell received a letter from the
California Department of Housing and Community Development (HCD) providing written
findings pursuant to Government Code 65852.2(h) identifying certain section(s),
subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's accessory dwelling
unit ordinance that do not comply with State law;
WHEREAS, on July 27, 2023, the Community Development Director transmitted a
letter in response to HCD's written findings, within the 30-day period provided by the
statute, acknowledging a need to amend the City's accessory dwelling unit ordinance,
and requesting additional clarification and information;
WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet
to receive a written response from the HCD regarding the requested additional
clarification and information;
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the HCD's written findings in that the City's local accessory dwelling unit
ordinance is no longer consistent with Government Code Sections 65852.2 and
65852.22, 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 HCD's written
findings, 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.
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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, in consideration of the foregoing findings,the City Council further finds
that there is a current and immediate threat to the public health, safety, or welfare, justify
adoption of this interim ordinance on an urgency basis to be effective immediately upon
adoption by a four-fifths vote of the City Council.
WHEREAS, on November 7, 2023, the City Council adopted an interim ordinance
(Ordinance No. 2299) to adopt urgency Revisions to Title 21 related to Accessory
Dwelling Units and Junior Accessory Dwelling Units to conform with compliance findings
of the California Department of Housing and Community Development (HCD).
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, extension of this interim ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17
which exempts the adoption of an ordinance by a city or county to implement the
provisions of Section 65852.2 of the Government Code relating to the construction of
accessory dwelling units.
WHEREAS, the City Council finds and determines that the proposed interim
ordinance 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.
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 interim 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.
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.
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SECTION 3 (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 4 (EFFECTIVENESS): Interim Ordinance No. 2300 is hereby extended
to December 31, 2024, or until it is superseded by adoption of superseding
ordinance, whichever comes first.
PASSED AND ADOPTED this 5th day of December, 2023 by the following roll call
vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPRO.yED:
Anne Bybee, Mayor
AU ST:
-401
16(i'Lk
Andrea Sande s, City Clerk
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