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Campbell council fails to extend urgency ordinance on starter‑home vacancy rule; motion falls short of required supermajority
Summary
Council considered extending an interim urgency ordinance that revised vacancy requirements under the Starter Home Revitalization Act but the motion failed 3‑1 because an urgency ordinance required four affirmative votes; staff said the extension would carry protections through April 2027 while the city works with HCD on demolition‑control guidance.
The Campbell City Council on Tuesday declined to adopt an urgency ordinance that would have extended interim Ordinance No. 26‑23‑47, which implements the Starter Home Revitalization Act and revises how the city applies vacancy requirements to single‑family properties.
Senior Planner Daniel Fama told the council the ordinance would re‑establish urgency measures adopted in April and amend the vacancy rule to require a property to be vacant at the time an application is filed — a material shift from previous practice. "Staff does recommend that the council adopt the attached ordinance extending ordinance 26‑23‑47 for a period of 10 months and 15 days," Fama said, adding that the extension would give staff time to work with the state Department of Housing and Community Development (HCD) on a demolition‑control ordinance.
The matter drew comments from the public. An attorney who identified himself as Rob urged the council to recognize that state housing laws set minimum thresholds and that local governments may adopt broader local rules: "These state laws are designed to facilitate housing production," he said, arguing cities retain some discretion on implementation. Local developers and residents warned the vacancy redefinition could delay projects and increase costs.
Vice Mayor Anne Bybee moved the staff recommendation and Council member Hines seconded. Roll call votes were: Lopez — No; Hines — Aye; Bybee — Aye; Mayor Dan Furtado — Aye. Because the item was an urgency ordinance, it required four‑fifths support to pass; the motion therefore failed.
Council members and members of the public raised competing concerns: proponents of a broader local interpretation cautioned against preempting property‑rights protections, while opponents warned a vacancy trigger tied to demolition could make starter‑home projects financially infeasible. Staff said HCD had indicated it could take two to three months to respond to technical questions that would inform a potential permanent demolition‑control ordinance.
Because the council did not secure the supermajority needed for this urgency measure, the interim ordinance will expire on its stated date unless the council brings a new interim or permanent ordinance back for consideration.
