2018-02-13 (Planning Commission Staff Report)
ITEM NO. 1
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ February 13, 2018
PLN2017-375
Zoning Code Amendment
Public Hearing to consider a City-initiated Zoning Code Amendment
(PLN2017-375) to amend Titles 18, 20, and 21 of the Campbell Municipal
Code pertaining to the construction of accessory dwelling units.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, recommending that the City Council adopt the attached draft ordinance
to amend Titles 18, 20, and 21 of the Campbell Municipal Code pertaining to the
construction of accessory dwelling units.
ENVIRONMENTAL DETERMINATION
An amendment to a local municipal code is considered a "project" under Section 15378(a)(1) of
the California Environmental Quality Act (CEQA) Guidelines. However, the proposed amendment
may be considered exempt from formal environmental review pursuant to Guideline Section
15061(b)(3) in that construction of accessory dwelling units on presently developed properties
within the community has no potential to cause a significant effect on the environment.
DISCUSSION
Background: On December 16, 2016 the City Council adopted Ordinance No. 2216 to
incorporate new Chapter 21.23 (Accessory Dwelling Units) into the City's Zoning Code. This
chapter provided new provisions for construction of accessory dwelling units in compliance with
mandatory State legislation signed by the Governor in September of 2016 which eased parking
requirements, increased allowable unit sizes, removed fire sprinkler requirements in some cases,
and simplified garage conversions.
Additional legislation signed into law last year, now codified in California Government Code
Section 6585.2 (reference Attachment 2), clarifies and further eases requirements for
construction of accessory dwelling units. Last October, the City Council also considered an
appeal pertaining to the conversion of a garage to an accessory dwelling unit that revealed the
need for improved clarity. As such, staff was directed to prepare a Zoning Code Amendment to
make the necessary updates and corrections.
Proposed Amendments: The attached ordinance (reference Attachment 3) would revise Chapter
21.23 as well as several sections of the Campbell Municipal Code, as summarized below:
1. Definitions. Various definitions would be amended for consistency with State law and to
better align with definitions found in the California Government and Vehicle Codes.
Additional definitions would be added or amended to provide for greater clarity,
particularly with respect to conversion of accessory structures, as well as for improved
internal consistency with other sections of the Zoning Code.
Staff Report ~ Planning Commission Meeting of February 13, 2018 Page 2 of 6
PLN2017-375 ~ Accessory Dwelling Unit Ordinance
2. Parking Requirements: The following changes reflect changes made in State law as
well as additional changes recommended by staff for greater clarity:
• Provide that parking for an ADU is "one parking space per unit or per bedroom, whichever is less," meaning that a studio ADU (i.e., without a separate bedroom)
would not require additional parking and that an ADU with one or two bedrooms
would only require one parking space (unless an exception otherwise applies).
• Allow that parking may be provided within an existing or proposed driveway, such
that a new driveway may be created to satisfy the parking requirement.
• Merge the standards for "required" parking (to meet the Code requirement) and
"replacement" parking (to restore lost spaces) so that all uncovered parking spaces
created as part of an ADU project are treated the same in terms of configuration and
placement. New carports and garages would continue to be subject to standard
setback requirements.
• Remove the requirement that the primary house must have two compliant parking
spaces (i.e., one covered space and one uncovered space not located within a setback)
in order to be eligible to construct an ADU. Although not strictly required by State
law, this requirement is at odds with the ability of homeowners to replace existing
spaces "in any configuration."
• Specifically allow tandem parking as required by State law, but limit the number to
no more than three vehicles:
• Specifically allow car lifts as required by State law, but require their installation only
within a garage so that they are not placed outdoors in a manner disruptive to the
residential character of a neighborhood:
Staff Report ~ Planning Commission Meeting of February 13, 2018 Page 3 of 6
PLN2017-375 ~ Accessory Dwelling Unit Ordinance
3. Accessory Structure Conversions: State law allows "existing space" within an
accessory structure (e.g., garages, storage buildings, etc.) or a single-family home to be
converted to an ADU without provision of additional setbacks. To specifically address
this allowance, a new "exception to setbacks" section would be created, which would be
tied to new definitions intended to clearly indicate that the use of "existing space" means
to remodel a structure, not to reconstruct it so that it constitutes a new building.
Additionally, to close an apparent loophole that could allow construction of an accessory
structure under less permissive setbacks only for it to be converted later, the setback
exception would only apply to accessory structures constructed prior to January 1, 2017
and which had not been expanded after that date. Similarly, since the setback exception is
intended to allow the functional reuse of an existing building area, an ADU created
though this provision could not be expanded beyond its current size.
4. Allowable Zoning Districts: Currently, an ADU may be only created on a parcel within
one of the "R-1" zoning districts. State law now requires the City to allow an ADU in any
zoning district where a single-family home could be constructed. Since the Zoning Code
allows single-family homes in all of multi-family residential zoning districts, ADUs will
also be allowed in the R-D, R-M, R-2, and R-3 zoning districts, as well as the Planned
Development (P-D) zoning district with a residential General Plan land use designation.
Minimum Lot Area: The proposed Zoning Code Amendment does not modify the minimum lot
area or related ADU unit size requirements currently in effect, as shown in the table below:
Minimum Net Lot Area
Maximum Floorspace or Living Area*
10,000-10,999 sq. ft. 700 sq. ft.
11,000-11,999 sq. ft. 800 sq. ft.
12,000-12,999 sq. ft. 900 sq. ft.
13,000-13,999 sq. ft. 1,000 sq. ft.
14,000-14,999 sq. ft. 1,100 sq. ft.
15,000 sq. ft. or greater 1,200 sq. ft.
*The living area for an attached/interior accessory dwelling unit cannot exceed
50% of the primary dwelling unit's living area.
Since State law does not prohibit the establishment of minimum lot areas, such a change is a
policy preference that would generally originate with the City Council. The Council last
discussed a reduction to the minimum lot area at an August 19, 2014 Housing Element Study
Session. However, as was noted in the January 27, 2015 Planning Commission Housing Element
Staff Report, the Council decided to maintain the existing 10,000 square-foot minimum lot area.
Should the Planning Commission wish to consider a recommendation to the City Council to
reduce the minimum lot area, the public hearing would need to be continued to allow for
additional staff analysis. However, the Commission should be aware that absent entirely
eliminating the minimum lot area, there will always be property owners who fall below a lot area
threshold. Moreover, comparisons to other cities often lack context since ADU requirements are
only one component of a City's overall housing policy. For instance, although San Jose may have
a low minimum lot area, that City also allows housing development at over triple Campbell's
maximum density for projects very near the City border.
Staff Report ~ Planning Commission Meeting of February 13, 2018 Page 4 of 6
PLN2017-375 ~ Accessory Dwelling Unit Ordinance
ANALYSIS
Effect of Changes: Consistent with the intent of the State legislation, the Zoning Code
Amendment is likely to further facilitate construction of accessory dwelling units in the
community:
1. Accessory Structure Conversions. The ability of homeowners to convert existing
garages, pool houses, workshops, studios, and similar structures will likely become an
increasingly common approach to creating an ADU due to both the lower cost of
construction and setback exception that previously limited this type of construction. It
can also be expected that this effect will be particularly noticeable in the San Tomas
Area, and to a lesser extent Campbell Village, by virtue of larger lots and greater
prevalence of accessory structures that were often built in the County's jurisdiction.
However, the ability of some older accessory structures to be converted to ADUs may be
limited by the poor condition of the structures, many of which are decades old.
2. Parking Changes. In combination, the proposed parking changes virtually eliminate the
need to provide parking for an ADU. Even when parking would be required—
construction of a ground-up detached ADU that is not eligible for a parking exception—
such parking may be provided within an existing driveway. Similarly, existing covered
parking spaces that may be removed through a garage conversion may also be replaced
on a driveway or uncovered parking pad. As a result, creation of an ADU will no longer
require construction of a garage or carport unless a homeowner desires it, further
reducing the cost of construction.
Additionally, eliminating the need to have complaint parking for the main house (i.e., one
covered space and one uncovered space not located within a setback) in order to be
eligible to construction an ADU will eliminate an existing barrier for homeowners who
only have a one-car garage.
3. Allowable Zoning Districts. The Zoning Code Amendment will allow ADUs in all of
the multi-family residential zoning districts, affecting upwards of 4,000 parcels.
However, the majority of these properties are below the 10,000 square-foot lot minimum
meaning that an ADU could not be constructed. Additionally, since the vast majority of
these properties are fully developed with duplex/trip-plex/four-plex structures or
apartment buildings, the ability to create an ADU would likely be limited to an interior
conversion (i.e., dividing an existing dwelling unit into two units).
General Plan Conformance: Pursuant to CMC Section 21.60.070, an amendment to the
Municipal Code may only be approved if the decision-making body finds that: (1) the proposed
amendment is consistent with the goals, policies, and actions of the General Plan; (2) the
proposed amendment would not be detrimental to the public interest, health, safety, convenience,
or general welfare of the city; and (3) the proposed amendment is internally consistent with other
applicable provisions of the Zoning Code. Staff believes that these findings can be favorably
established, as discussed below:
Staff Report ~ Planning Commission Meeting of February 13, 2018 Page 5 of 6
PLN2017-375 ~ Accessory Dwelling Unit Ordinance
1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan;
The General Plan Housing Element includes Program H-5.3a, below, which directs the City
to encourage production of secondary units. The proposed Zoning Code Text Amendment
would further ease regulatory requirements consistent with State law.
Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by
encouraging secondary units in residential neighborhoods.
Program H-5.3a: Secondary Dwelling Units: A secondary dwelling unit is a separate
dwelling unit that provides complete, independent living facilities for
one or more persons. It includes permanent provisions for living,
sleeping, cooking, eating, and sanitation on the same parcel as the
primary unit is situated. Given the limited developable land remaining
in Campbell, integrating secondary dwelling units in existing
residential neighborhoods presents an opportunity for the City to
accommodate needed rental housing. The development of secondary
dwelling units is effective in dispersing affordable housing throughout
the City and can provide housing to lower-income persons, including
seniors and college students. Approximately 1,000 single-family
parcels in Campbell are of sufficient size to add a secondary dwelling
unit.
Implementation Objective: The City will facilitate the construction of
new secondary dwelling units by making information available to the
public.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city;
The proposed ordinance would maintain appropriate restrictions on the creation of ADUs
within the community such that the public interest, health, safety, convenience or general
welfare will not be harmed.
3. The proposed amendment is internally consistent with other applicable provisions of
this Zoning Code.
In addition to revisions to Chapter 21.23 (Accessory Dwelling Ordinance), the proposed
ordinance also revises other existing code section as necessary to ensure internal consistency
within the Zoning Code. PUBLIC COMMENT
Staff received the attached emails on this matter (reference Attachment 4), with several
residents urging a reduction to the 10,000 square-foot minimum lot size.
Attachments:
1. Draft Planning Commission Resolution
2. Government Code Section 65852.2
3. Draft City Council Ordinance
4. Public Correspondence
Staff Report ~ Planning Commission Meeting of February 13, 2018 Page 6 of 6
PLN2017-375 ~ Accessory Dwelling Unit Ordinance
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Directo
RESOLUTION NO. 4346
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE (ZONING CODE AMENDMENT) TO
AMEND TITLES 18, 20, AND 21 OF THE CAMPBELL MUNICIPAL
CODE PERTAINING TO THE CONSTRUCTION OF ACCESSORY
DWELLING UNITS. FILE NO.: PLN2017-375
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file number PLN2017-375:
1.The project consists of a Zoning Code Amendment to amend Titles 18, 20, and 21 of the
Campbell Municipal Code pertaining to the construction of accessory dwelling units.
2.The proposed Zoning Code Amendment would be consistent with the General Plan in
that it will allow the continued creation of accessory dwelling units consistent with
Program H-5.3a of the Housing Element:
Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by
encouraging secondary units in residential neighborhoods.
Program H-5.3a: Secondary Dwelling Units: A secondary dwelling unit is a separate dwelling unit that
provides complete, independent living facilities for one or more persons. It includes permanent
provisions for living, sleeping, cooking, eating, and sanitation on the same parcel as the primary unit is
situated. Given the limited developable land remaining in Campbell, integrating secondary dwelling
units in existing residential neighborhoods presents an opportunity for the City to accommodate needed
rental housing. The development of secondary dwelling units is effective in dispersing affordable
housing throughout the City and can provide housing to lower-income persons, including seniors and
college students. Approximately 1,000 single-family parcels in Campbell are of sufficient size to add a
secondary dwelling unit.
Implementation Objective: The City will facilitate the construction of new secondary dwelling units by
making information available to the public.
3.The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt regulations
designed to promote the public health, safety and general welfare of its citizenry;
4.Review and adoption of this Zoning Code Amendment is done in compliance with
California government Code Sections 65853 through 65857, which require a duly
noticed public hearing of the Planning Commission whereby the Planning Commission
shall provide its written recommendation to the City Council for its consideration.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1.The proposed amendment is consistent with the goals, policies, and actions of the General
Plan;
Attachment 1
Planning Commission Resolution No. 44__
PLN2017-375 – Recommending Approval a Zoning Code Amendment Page 2
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City; and
3. The proposed amendment is internally consistent with other applicable provisions of the
Zoning Code.
4. Adoption of the proposed amendment, which is intended to modify existing local
regulatory requirements to be consistent with State law, is exempt from the California
Environmental Quality Act (CEQA) pursuant to Guideline Section 15061(b)(3) in that
construction of accessory dwelling units on presently developed properties within the
community has no potential to cause a significant effect on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt the attached Ordinance (reference Exhibit A) recommending approval of the
above described Zoning Code Amendment.
PASSED AND ADOPTED this 13th day of February, 2018, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Michael Rich, Chair
ATTEST:
Paul Kermoyan, Secretary
State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in areas zoned to allow single-family or multifamily use.
The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on criteria
that may include, but are not limited to, the adequacy of water and sewer services and
the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, lot coverage, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking
requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory dwelling
units are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit may be rented separate from the primary residence, buy may not be
sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes a
proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached or located within the living area
of the proposed or existing primary dwelling or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary
dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit shall not
exceed 50 percent of the proposed or existing primary dwelling living area or 1,200
square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not
exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to an
accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback
Attachment 2
of no more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as
appropriate.
(ix) Approval by the local health officer where a private sewage disposal system
is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one
parking space per unit or per bedroom, whichever is less. These spaces may be
provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined
by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted to an
accessory dwelling unit, and the local agency requires that those offstreet parking
spaces be replaced, the replacement spaces may be located in any configuration on
the same lot as the accessory dwelling unit, including, but not limited to, as covered
spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for
a permit pursuant to this subdivision, the application shall be considered ministerially
without discretionary review or a hearing, notwithstanding Section 65901 or 65906
or any local ordinance regulating the issuance of variances or special use permits,
within 120 days after receiving the application. A local agency may charge a fee to
reimburse it for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001–02 Regular Session of the Legislature, including the costs of adopting
or amending any ordinance that provides for the creation of an accessory dwelling
unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide an
approval process that includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in this subdivision. In the
event that a local agency has an existing accessory dwelling unit ordinance that fails
to meet the requirements of this subdivision, that ordinance shall be null and void
upon the effective date of the act adding this paragraph and that agency shall thereafter
apply the standards established in this subdivision for the approval of accessory
dwelling units, unless and until the agency adopts an ordinance that complies with
this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial
of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use
that includes a proposed or existing single-family dwelling. No additional standards,
other than those provided in this subdivision, shall be utilized or imposed, except that
a local agency may require an applicant for a permit issued pursuant to this subdivision
to be an owner-occupant or that the property be used for rentals of terms longer than
30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives an application for a permit
to create an accessory dwelling unit pursuant to this subdivision, the local agency
shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a) within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units. No minimum or maximum
size for an accessory dwelling unit, or size based upon a percentage of the proposed
or existing primary dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed
in compliance with local development standards. Accessory dwelling units shall not
be required to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a),
shall not impose parking standards for an accessory dwelling unit in any of the
following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence
or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit to create within a zone for
single-family use one accessory dwelling unit per single-family lot if the unit is
contained within the existing space of a single-family residence or accessory structure,
including, but not limited to, a studio, pool house, or other similar structure, has
independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence. A city may require
owner occupancy for either the primary or the accessory dwelling unit created through
this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency, special
district, or water corporation to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency,
special district, or water corporation shall not require the applicant to install a new
or separate utility connection directly between the accessory dwelling unit and the
utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local
agency, special district, or water corporation may require a new or separate utility
connection directly between the accessory dwelling unit and the utility. Consistent
with Section 66013, the connection may be subject to a connection fee or capacity
charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon the water
or sewer system. This fee or charge shall not exceed the reasonable cost of providing
this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within
60 days after adoption. The department may review and comment on this submitted
ordinance.
(i) As used in this section, the following terms mean:
(1) “Living area” means the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law
or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth
in Section 65589.5.
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more persons.
It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(6) “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000) of the Public Resources Code), except that the
local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(Amended by Stats. 2017, Ch. 602, Sec. 1.5. (AB 494) Effective January 1, 2018.)
Ordinance No. ____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLES 18, 20, AND 21 OF THE CAMPBELL MUNICIPAL CODE
PERTAINING TO THE CONSTRUCTION OF ACCESSORY DWELLING UNITS.
FILE NO. PLN2017-375
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of
Campbell does ordain as follows:
SECTION 1. The City Council finds and determines that the adoption of this ordinance,
which is intended to modify existing local regulatory requirements to be consistent with
State law, is exempt from the California Environmental Quality Act (CEQA) pursuant to
Guideline Section 15061(b)(3) in that construction of accessory dwelling units on
presently developed properties within the community has no potential to cause a
significant effect on the environment.
SECTION 2. The City Council further finds and determines that the proposed ordinance
is consistent with the goals, policies, and actions of the General Plan; including Housing
Element Policies H-5.3 (Secondary Dwelling Units) and H-5.4 (Ordinance Updates).
SECTION 3. The City Council further finds and determines that the proposed 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.
SECTION 4. The City Council further finds and determines that adoption of this ordinance
is consistent with the mandatory provisions of Senate Bill 229 (Wieckowski) and
Assembly Bill 494 (Bloom), while maintaining locally appropriate standards for the
construction and occupancy of accessory dwelling units.
SECTION 5. The City Council further finds and determines that the purpose of permitting
accessory dwelling units is to allow more efficient use of the City's existing housing stock
and to provide the opportunity for the development of small rental housing units designed
to meet the special long-term housing needs of individuals and families, while preserving
the integrity of single-family neighborhoods.
SECTION 6. Revisions to the Accessory Dwelling Unit Chapter. Chapter 21.23
(Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended to read
as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted
text:
Attachment 3
Page 1 of 6
CHAPTER 21.23 (ACCESSORY DWELLING UNITS)
21.23.010 - Purpose
This Chapter provides for the establishment of accessory dwelling units in
compliance with Article 2 (Zoning Districts). The purpose of permitting accessory
dwelling units is to allow more efficient use of the City's existing housing stock and to
provide the opportunity for the development of small rental housing units designed to
meet the special long-term housing needs of individuals and families, while preserving
the integrity of single-family neighborhoods.
21.23.020 - Definitions
In addition to the terms defined by Article 6 (Definitions), the following terms shall
have the following meanings as used in this Chapter:
"Accessory structure" means a legally permitted detached structure as defined in
Section 21.72.020.A, including, but not limited to a studio, pool house, garage, or similar
structure.
"Accessory dwelling unit" means a dwelling unit ancillary to a primary dwelling
unit which provides complete independent living facilities for one or more persons. It
shall include permanent provisions for living, sleeping, eating, cooking, laundry, and
sanitation on the same parcel as the primary dwelling unit is situated. An accessory
dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health
and Safety Code, and a manufactured home, as defined in Section 18007 of the Health
and Safety Code. This Chapter recognizes three types of accessory dwelling units as
defined below. Where a proposed accessory dwelling unit does not clearly fall into one
of the types defined below, the Community Development Director shall make a
determination as to the type of accessory dwelling unit the proposed unit shall be
treated pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that
is constructed as a physical expansion (i.e., addition) of an existing
primary dwelling unit, including and also includes an existing garage
attached to a primary dwelling unit that is legally converted (fully or
partially) to an accessory dwelling unit and construction of a new
basement underneath a primary dwelling unit to accommodate an
accessory dwelling unit.
2. "Detached accessory dwelling unit" means an accessory dwelling unit that
is (1) constructed as a separate structure from the primary dwelling unit; or
(2) contained within the existing space of an accessory structure (as
defined herein)., and also includes an existing garage detached from the
primary dwelling unit that is legally converted (fully or partially) to an
accessory dwelling unit.
Page 2 of 14
3. "Interior accessory dwelling unit" means an accessory dwelling unit that is
legally created entirely (1) contained within the existing living area space
of a primary dwelling unit, including within an existing its living area,
basement, or attached garage; or (2) constructed as part of a proposed
primary dwelling unit.
"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d).
"Complete building permit application" means an application for a building permit,
comprising all required drawings, details, and calculations, including those necessary to
determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of
scope of work), which that has been cleared for issuance by all reviewing departments
and which the Building Official has determined may be issued to an appropriate
individual upon payment of the necessary fees.
"Contained within the existing space" means conversion of a structure's existing
floor area to create an accessory dwelling unit.
"Conversion" or "convert(ed)" means to remodel a legally constructed structure in
a manner that would not constitute a "new dwelling using portions of the original
structure" pursuant to Chapter 18.32 (Determination of scope of work).
"Existing garage" means a legally constructed attached or detached garage that
is in existence and/or granted a certificate of occupancy prior to January 1, 2017.
"Existing living area" means the legally constructed living area of a primary
dwelling unit that is in existence and/or granted a certificate of occupancy prior to
January 1, 2017.
"Driveway" means a paved access way as defined in Section 21.72.020.D,
including a paved area reserved or created for the purpose of satisfying a parking
requirement of this Chapter.
"Existing space of an accessory structure" means the gross floor area of an
accessory structure that was granted a certificate of occupancy prior to January 1, 2017
and which has not been expanded on or after January 1, 2017.
"Living area" means the interior habitable floor area of a dwelling unit, including
conditioned basements and attics, but not garages or other accessory structures, as
measured to the outside surface of exterior walls.
"Floorspace" means the gross floor area of a detached accessory dwelling unit
as measured to the outside surface of exterior walls, including its living area and
basement area whether conditioned or unconditioned.
Page 3 of 14
"Passageway" means a pathway that is unobstructed to the sky and extends
from a street to the entrance of an accessory dwelling unit.
"Public transit" means the same as "transit station" as defined by Government
Code Section 65460.1(b)(5).means one of the existing light rail passenger terminals
located within the City of Campbell (i.e., Hamilton Station, Downtown Campbell Station,
and Winchester Station).
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required "distance between non-accessory structures on the same lot" as
specified by the general development standards table for each residential zoning
district.
"Story" means the portion of a building as defined in Section 21.72.020.S,
including a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles
are parked on a driveway or in any other location on a lot, lined up behind one another.
21.23.030 - Minimum Standards for Eligibility
An A single accessory dwelling unit may only be constructed on parcels satisfying all
of the following minimum standards:
A. Zoning district. A parcel located within a residential zoning district as specified by
Chapter 21.08 (Residential zoning districts) or in the P-D (Planned Development)
Zoning District on a parcel with a General Plan land use designation that directly
corresponds to a residential zoning district as specified by Section 21.04.020,
Table 2-1. an R-1 (Single-Family Residential) Zoning District.
B. Existing primary dDwelling unit. A parcel that is presently developed with one
primary dwelling unit or that will be developed with a primary dwelling unit in
conjunction with the creation of an accessory dwelling unit. An accessory
dwelling unit may not be constructed on a parcel without a primary dwelling unit
or which is developed with more than one primary dwelling unit or that is already
developed with an accessory dwelling unit.
C. Minimum lot size. A parcel with a net lot area of 10,000 square feet or greater,
inclusive of any public or private easements except for easements that establish
a private street, subject to the living area or floorspace limitations specified by
Table 3-1(a). The community development director may require preparation of a
survey to verify the parcel size.
Table 3-1(a) – Minimum Lot Size by Living Area or Floorspace
Minimum Net Lot Area
Maximum Floorspace or Living Area
10,000-10,999 sq. ft. 700 sq. ft.
Page 4 of 14
11,000-11,999 sq. ft. 800 sq. ft.
12,000-12,999 sq. ft. 900 sq. ft.
13,000-13,999 sq. ft. 1,000 sq. ft.
14,000-14,999 sq. ft. 1,100 sq. ft.
15,000 sq. ft. or greater 1,200 sq. ft.
D. Compliant parking. A parcel that is presently developed with the minimum
number of parking spaces required for a primary dwelling unit (1 covered and 1
uncovered) or which will be developed with the required number parking spaces
in conjunction with the creation of an accessory dwelling unit.
21.23.040 - Development Standards
An accessory dwelling unit may shall only be constructed only in accordance with
the following development standards:
A. General requirements. Except as otherwise specified by this Chapter, all
accessory dwelling units shall satisfy the requirements applicable to a primary
dwelling unit, including required yards, building height, distance between
structuresbuildings, setbacks, floor area ratio, and lot coverage standards, as
specified by the zoning district and/or area or neighborhood plan in which the
parcel is located, as well as all applicable general performance, site
development, landscaping, flood protection, and parking standards, (including
those specified by subsection H, (Parking Section 21.23.040.H). The
requirements for accessory structures found in Section 21.36.020 (Accessory
structures) do not apply to accessory dwelling units.
B. Exception to setbacks. An accessory dwelling unit that would otherwise not
conform to the applicable setback requirements of this Title may be created if
one of the following conditions applies, provided that the side and rear setbacks
are sufficient for fire safety:
1. An interior dwelling accessory unit contained within the existing space of a
primary dwelling unit; or
2. A detached dwelling accessory unit contained within the existing space of
an accessory structure.
A detached accessory dwelling unit created through this exception shall
not be expanded in any manner, including expansion of the living area or
attachment of a garage or other uninhabitable space, and shall not be
permitted to exercise the setback exception for non-conforming structures
provided for in Section 21.58.050.F (Exceptions).
B. Existing garages. An existing garage that is fully (not partially) converted to an
accessory dwelling unit is subject to all provisions of this Chapter except that no
additional setback from property lines or to other existing structuresshall be
Page 5 of 14
required, provided that the existing garage is not expanded. Any expansion of the
structure shall comply with applicable setback requirements and shall not be
permitted to exercise the setback exception for non-conforming structures
provided for in Section 21.58.050.F (Exceptions).
C. Maximum size. The maximum floorspace for a detached accessory dwelling unit
and the maximum living area for an attached or interior accessory dwelling unit
shall be as specified in Section 21.21.030.C, Table 3-1(a), except that in no case
shall the living area for an attached or interior accessory dwelling unit exceed fifty
percent of the existing or proposed living area of the primary dwelling unit.
D. Maximum height and stories. A detached accessory dwelling unit shall be a
maximum of fourteen feet in height, except for a detached dwelling accessory
unit contained within the existing space of an accessory structure which shall
maintain the existing height of the accessory structure, and shall not exceed one
story. An attached or interior accessory dwelling unit shall be limited to the
ground floor or the basement of the primary dwelling unit.
E. Allowable rooms. Accessory dwelling units shall include no more than two
bedrooms and two bathrooms. In no case shall an accessory dwelling unit
include more than one kitchen.
F. Design. A detached accessory dwelling unit shall be constructed to incorporate
the same or similar building materials and colors as the primary dwelling unit,
except for manufactured homes which shall be required to incorporate only the
same or similar building colors as the primary dwelling unit. Attached or and
interior accessory dwelling units shall maintain the appearance of the primary
dwelling unit as that of a single-family dwelling. Garages that are converted to
accessory dwelling units shall include removal of garage doors which shall be
replaced with architectural features, including walls, doors, windows, trim and
accent details that remove any appearance that the structure was originally a
garage. Existing driveways that lead to converted garages shall be removed and
associated curb-cuts restored to standard sidewalk, unless necessary to satisfy
the required or replacement parking requirement specified by subsection H,
(Parking).
G. Entrances. An accessory dwelling unit shall include separate independent
exterior access from the primary dwelling unit and may include an interior
connection. However, the front door of an accessory dwelling unit shall not be
oriented towards a public street. A passageway from the accessory dwelling unit
to a public street may be created, but shall not be required by the City.
H. Parking. Off-street parking for accessory dwelling units and replacement off-
street parking for primary dwelling units shall satisfy the standards and
regulations set forth by Chapter 21.28 (Parking and loading), except as otherwise
specified below:, in addition to those parking spaces required for the primary
Page 6 of 14
dwelling unit (1 covered space and 1 uncovered space), shall be provided in
compliance with the following provisions.
1. Number of parking spaces required.Required parking. No parking shall be
required for interior and attached accessory dwelling units or for detached
accessory dwelling units contained within the existing space of an
accessory structure. All other detached accessory dwelling units shall be
provided with one parking space per unit or bedroom, whichever is less,
except in the following instances:
a. No parking spaces shall be required for a detached accessory
dwelling unit located on a parcel within a traversable distance of
one-half mile of public transit; No additional parking shall be
required for interior accessory dwelling units.
b. No parking spaces shall be required for a detached accessory
dwelling unit located on a parcel within a designated historic district;
Attached and detached accessory dwelling units shall provide one
parking space (covered or uncovered) per bedroom provided that
any existing parking spaces that are removed by conversion of an
existing garage shall be replaced concurrently with creation of the
accessory dwelling unit.
c. No parking spaces shall be required for a detached accessory
dwelling unit located within the boundaries of a permanent
residential parking permit program, and where the City does not
offer parking permits to the occupant(s) of the accessory dwelling
unit; and
d. No parking spaces shall be required for a detached accessory
dwelling unit located on a parcel within one block of a City-licensed
car share vehicle.
2. Replacement parking. Existing parking spaces required for the primary
dwelling unit that are removed as part of the creation of the accessory
dwelling unit (e.g., by demolition or conversion of a garage) shall be
replaced concurrently with creation of the accessory dwelling unit.
3. Parking configuration. Required and replacement parking spaces may be
created in any configuration on the parcel, including, but not limited to, as
covered spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts, subject to the following standards:
a. Covered parking spaces provided within a new garage or carport
shall satisfy all applicable setback, height, placement, and
dimension standards.
Page 7 of 14
b. Uncovered parking spaces may encroach into a required front yard
or street-side yard setback within an existing or proposed driveway
that satisfies both the surfacing and minimum stall dimensions for a
parking space(s), unless such a configuration is determined not to
be feasible based upon fire and/or life safety conditions present on
the property. Such a determination may be appealed as an
interpretation of this Title in compliance with Section 21.02.030
(Procedures for interpretations).
c. Tandem parking shall be limited to three parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a
fully enclosed garage.
2. Parking configuration. Required and replacement covered parking spaces
created by construction of a carport or garage and replacement uncovered
spaces shall comply with all applicable development standards.
Uncovered parking spaces required for an accessory dwelling unit may
encroach into a required front-yard or street-side yard setback within an
existing driveway that satisfies the minimum stall dimensions for a
residential parking space, unless such a configuration is determined not to
be feasible based upon fire and/or life safety conditions present on the
property. Such a determination may be appealed as an interpretation of
this Code in compliance with Section 21.02.030 (Procedures for
interpretations).
3. Demolition of an existing garage. When an existing garage (or carport) is
demolished in conjunction with the construction of an accessory dwelling
unit, any required parking spaces contained within the garage (or carport)
shall be replaced concurrently with creation of the accessory dwelling unit.
The replacement spaces shall comply with all applicable development
standards except that the replacement spaces may be located in any
configuration on the parcel, including, but not limited to, as covered
spaces, uncovered spaces, or tandem spaces, or by the use of
mechanical automobile parking lifts.
4. Exception to parking requirement. The parking requirement for an
attached and detached accessory dwelling unit shall not apply in the
following instances, which shall allow creation of an attached or detached
accessory dwelling unit without provision of additional parking.
a. The accessory dwelling unit is located on a parcel within a
traversable distance of one-half mile of public transit.
b. The accessory dwelling unit is located on a parcel within a
designated historic district.
Page 8 of 14
c. The accessory dwelling unit is located within the boundaries of a
permanent residential parking permit program, and where the City
does not offer parking permits to the occupant(s) of the accessory
dwelling unit.
d. The accessory dwelling unit is located on a parcel within one block of
a City-licensed car-share vehicle (as defined by the California Vehicle
Code).
21.23.050 – General Requirements and Restrictions
The following requirements and restrictions apply to all existing and new accessory
dwelling units:
A. Rentals. No more than one dwelling unit on the parcel, either the accessory
dwelling unit or the primary dwelling unit, shall be leased or otherwise rented.
Leases for durations of less than thirty (30) days, including short-term rentals (as
defined by the California Government Code) are prohibited. The community
development director shall require recordation of a deed restriction documenting
these restrictions.
B. Subdivision and sales. No subdivision of land or air rights shall be allowed,
including creation of a stock cooperative or similar common interest ownership
arrangement. In no instance shall an accessory dwelling unit be sold or otherwise
conveyed separate from the primary dwelling unit.
C. Park impact fee. A fee in-lieu of parkland dedication land shall be paid in
compliance with Chapter 13.08 (Park Impact Fees).
D. Building code. Accessory dwelling units shall comply with all applicable Building
and Fire Codes as appropriate, except that the Building Official shall not require
installation of fire sprinklers for an interior accessory dwelling unit if they would
otherwise not be required for the primary dwelling unit, except if the creation of
the an interior or attached accessory dwelling unit would result in the primary
dwelling unit becoming creation of a "new dwelling using portions of the original
structure" pursuant to Chapter 18.32 (Determination of scope of work).
E. Utilities. The Building Official shall coordinate with local utility agencies to ensure
that accessory dwelling units are not considered new residential uses for the
purpose of calculating local agency connection fees or capacity charges for
utilities, including water and sewer services.
21.23.060 – Approval Process
The City shall issue a building permit for an accessory dwelling unit that is
consistent with the provisions of this Chapter, as determined by issuance of a Zoning
Clearance, within one hundred and twenty (120) days of submittal of a complete
Page 9 of 14
building permit application. However, physical expansion (i.e., addition) or exterior
alteration to an existing primary dwelling unit or construction of a new primary dwelling
unit located on a parcel that is subject to design review pursuant to Chapter 21.42 (Site
and architectural review), or Chapter 21.33 (Historic preservation), or Chapter
21.12.030 (P-D (Planned development) zoning district) shall first receive approval of the
appropriate land use permit prior to a submittal of a building permit application for an
accessory dwelling unit.
SECTION 7. R-D Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.040.B (Permitted uses in R-D (Two-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted
text:
B. Permitted uses in R-D (Two-family) zoning district. The following uses are permitted
with a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Duplexes;
3.4. Family child day care homes, small;
4.5. Garage/yard sales, private;
5.6. Groundwater recharge facilities;
6.7. Hobby car restoration;
7.8. Home occupations;
8.9. Parks, public;
9.10. Residential care homes, small;
10.11. Residential service facilities, small;
11.12. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
12.13. Schools - K-12, public;
13.14. Single-family dwellings;
14.15. Supportive housing;
15.16. Transitional housing.
SECTION 8. R-M Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.050.B (Permitted uses in R-M (Multiple-family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
Page 10 of 14
B. Permitted uses in R-M (Multiple-family) zoning district. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40, (Zoning
Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Apartments;
3.4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities;
7.8. Home occupations;
8.9. Parks, public;
9.10. Residential care homes, small;
10.11. Residential service facilities, small;
11.12. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
12.13. Schools - K-12, public;
13.14. Single-family dwellings;
14.15. Supportive housing;
15.16. Transitional housing.
SECTION 9. R-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.060.B (Permitted uses in R-2 (Multiple-family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
1. Accessory structures;
2. Accessory dwelling units;
2.3. Apartments;
3.4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities;
7.8. Home occupations;
8.9. Parks, public;
9.10. Residential care homes, small;
Page 11 of 14
10.11. Residential service facilities, small;
11.12. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
12.13. Schools - K-12, public;
13.14. Single-family dwellings;
14.15. Supportive housing;
15.16. Transitional housing.
SECTION 10. R-3 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.070.B (Permitted uses in R-3 (Multiple-family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
1. Accessory structures;
2. Accessory dwelling units
2.3. Apartments;
3.4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities;
7.8. Home occupations;
8.9. Libraries, public;
9.10. Parks, public;
10.11. Residential care homes, small;
11.12. Residential service facilities, small;
12.13. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
13.14. Schools - K-12, Public;
14.15. Single-family dwellings;
15.16. Supportive housing;
16.17. Transitional housing.
SECTION 11. Scope of Work: Campbell Municipal Code Section 18.32.010 (Definition
of "Scope of Work.") is amended to read as follows with underlining indicating new text
and strikeouts (strikeout) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
Page 12 of 14
A project submitted as a "Remodel" or "Remodel and Addition," or a "Remodel of an
accessory structure to create an accessory dwelling unit" (or similar scope of work) shall
instead be considered and defined as a "New Dwelling using portions of the original
structure" when at least three of the following criteria are satisfied:
1. The valuation of the proposed work exceeds one hundred eighty-five thousand
dollars (valuation calculated using established Valuation Tables published by
the International Code Council (ICC) and modified by the Building Division);
2. Seventy-five percent or more of the existing roof framing (Area) is proposed to
be removed. Existing roof covered by a new roof shall be considered as
removed for the purposes of this calculation;
3. Seventy-five percent or more of the existing exterior walls (Lineal Footage of
Wall Length) are removed, altered, filled in, or rebuilt. In no event shall new
exterior walls exceed more than seventy-five percent of the length of the
existing exterior walls as determined by the building official. Nonconforming
exterior walls shall not be included in the twenty-five percent remaining
calculation (this subsection shall not apply to a proposed conversion of an
accessory structure to an accessory dwelling unit);
4. Seventy-five percent or more of the existing interior walls (Lineal Footage of
Wall Length) are removed, altered, filled in, or rebuilt. In no event shall new
interior walls exceed more than seventy-five percent of the length of the existing
interior walls as determined by the building official.
SECTION 12. Non-Conforming Limitations: Campbell Municipal Code Section
21.58.050.F (Exceptions) is amended to read as follows with underlining indicating new
text and strikeouts (strikeout) indicating deleted text:
F. Exceptions. The following exceptions apply to all lawfully constructed structures,
except for detached accessory dwelling units:
1. Failure to meet setbacks. A structure that fails to meet the setback
requirements for the zoning districts in which it is located may be added to
or enlarged in compliance with the following criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback
requirements; and
e. When required by Chapter 21.42 (Site and architectural review) Tthe
decision-making body approving the site and architectural review
permit for the addition or enlargement finds that the addition or
enlargement will not be detrimental to the public health, safety, or
general welfare of persons residing in the neighborhood.
Page 13 of 14
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures in the San Tomas area may be
added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained
at the community development department.
d. In the case of conflict between the San Tomas neighborhood plan
policy "E" and the requirements contained in this chapter, policy "E" of
the plan shall prevail.
3.G. Repairs or alterations otherwise required by law shall be allowed.
Reconstruction required to reinforce unreinforced masonry structures or to
comply with building code requirements shall be allowed without the cost
limitations identified in subsection E of this section; provided the retrofitting and
code compliance are limited exclusively to compliance with earthquake safety
standards and other applicable building code requirements, including the
applicable provisions of state law (e.g., Title 24, California Code of Regulations,
etc.).
SECTION 13: Definitions of Driveway: The following definition is added to subsection D
of Campbell Municipal Code section 21.72.020 between the definitions of "Drive-through
/drive-up service/drive-up window" and "Dry cleaning" to read as follows, with
underlining indicating new text:
"Driveway" means a paved access way leading from a public right-of-way, or
from the edge of an easement forming a private street, to a parking lot, drive aisle,
parking circulation area, garage, off-street parking space, or loading space.
SECTION 14: Park Impact Fee Definition: The definition of "secondary living units" in
Campbell Municipal Code section 20.24.020(o) is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
20.24.020 - Definitions.
(o) "Secondary living units" means any accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code or any residential
unit of less than six hundred forty square feet which is clearly secondary to the
main use of the property. Examples of units that are secondary include
caretakers quarters of less than six hundred forty square feet on a commercial
parcel or a pastor's residence of less than six hundred forty square feet on a
church site.
Page 14 of 14
SECTION 14: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in
the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _____ day of ____________, 2018 by the following roll
call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Paul Resnikoff, Mayor
ATTEST:
_______________________________
Wendy Wood, City Clerk
From:Emerson Muyco
To:Daniel Fama
Subject:Re: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Thursday, February 01, 2018 8:57:12 AM
Attachments:in law unit.pages
Hello Daniel. Written below and attached. thank you! Em
Dear City Councilman
As all know there is a housing crisis in the Bay Area and the city of Campbell is no
exception. I’m writing this letter in hopes to change the current Parking requirements for my
existing house (1219 Lovell Avenue. 95008) so that I can build an In Law house in the back
of my house for my mother to live in since becoming ill. My house has “lack of code-
complaint parking for the existing house (i.e., the uncovered parking space is not within the
required front setback).”
Currently my driveway is long enough to accommodate 2 cars. However it’s not enough
because I only have a one car garage and the driveway parking is within the front setback.
This would mean that I would really need a 40 feet driveway or a two-car garage to satisfy
the required parking. If you look at all the houses on my neighborhood most have single car
garages and none have that 40 feet driveway length needed to be compliant. I have discussed
this with the senior planner Daniel Fama. I would like to request to change this requirement
so that I can build a accessory dwelling in the back for my mother.
Thank you for you considerations.
Emerson Muyco
1219 Lovell Avenue
Campbell, Ca. 95008
4087184323
On Wednesday, January 31, 2018, 10:50:37 AM PST, Daniel Fama <danielf@cityofcampbell.com>
wrote:
Hi Em – Can you send a “clean” email without the underlines?
From: Emerson Muyco [mailto:emm21@yahoo.com]
Sent: Friday, January 26, 2018 12:22 AM
To: Daniel Fama
Cc: Emerson Muyco
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hello Daniel. Attached is the revised version per your corrections. Let me know if u want me to
revise as needed. Thx. Reply back. Em
Attachment 4
To Campbell Planning Commission: My name is Loren Due and I reside at 612 North Central Ave. I am writing today to discuss the recent changes for secondary units. I have been trying to add a secondary unit onto my property unsuccessfully because of the 10,000 sq ft lot requirement. My lot is 8,358 and I feel it is of adequate size to support a secondary unit. The main issue I am facing is I would like to convert my garage to a secondary unit and add a detached garage in my rear setback. My side yard is currently paved but only has a width of 12 feet. If I added a garage in the rear setback I would not meet the 13 feet minimum for a driveway. I feel the City of Campbell is not being fair with the intent of the new California Secondary Unit law. The intent of the law is to allow homeowners to build secondary units and the City of Campbell is making it impossible for medium sized homes. I ask that you consider reducing the size to 8,000 and/or ease the restriction of the driveways to allow people to build detached garages. If my lot was 10,000 sq ft then I would be allowed to have a driveway under 13 feet in width and a secondary unit. I find this unfair and do not understand why a lot bigger than mine is allowed special privileges. If I am not allowed to build a secondary unit then I would like to legally convert my garage to habitual space and provide the necessary covered parking in the rear of the property. There are several homes on my street with driveway less than 13 feet with detached garages in the rear setbacks. I would like to have that privilege also. I thank you for your time and look forward to discussing this issue with you in person or via phone. Loren Due 612 North Central Ave 408.421.7044
From:Larry Hayes
To:Daniel Fama
Subject:Campbell ADUs
Date:Thursday, November 02, 2017 2:33:05 PM
Importance:High
Hi Daniel:
I’m a long time Campbell resident and very interested in building an
ADU in my backyard. Unfortunately, Campbell’s current housing
regulations require a 10,000 sq ft lot which I don’t have.
Please let me know when ADUs come up again on the city council agenda as I
would like to address this issue. Many cities are reducing lot size, cutting
red tape and costs to encourage more ADUs to be built. For example,
Sunnyvale recently reduced their minimum lot size to 8,000 vs. 10,000.
San Jose and Palo Alto have done the same.
Regards,
Larry Hayes
1172 S. San Tomas Aquino Rd,
Campbell
From:Squarespace
To:Planning Division
Subject:Form Submission - New Form - ADU to be included as next topic in GPAC meeting.
Date:Monday, August 14, 2017 9:23:51 PM
Name: shirley chan
Email Address: shirleychan4@gmail.com
Subject: ADU to be included as next topic in GPAC meeting.
Message: I'm reaching out to the City of Campbell Planning department to discussconsiderations to adjusting the current ADU minimum lot size requirement. While Iam happy to see the State of California has relaxed some laws in 2017 on buildingADU's as a way to increase affordable housing, I am disappointed the City ofCampbell did not reduce the lot size requirements. Current code indicates minimumlot size to be 10,000 sq ft.
ASK: how can I have the city council and/or planning department to consider areduction in the lot size requirements of ADU's? Could this be part of theconsideration as the city is going through Envision Campbell General Plan Updateprocess? Can this be included in one of the agenda items for the next GPACmeeting?
A recent Mercury news article discusses some of the reason and rationale to easingrules to build granny units as a source of affordable housing.
Here are some findings by the city of Palo Alto on ADU's:Housing in California is becoming increasingly unaffordable. The average Californiahome currently costs about 2.5 times the national average home price and themonthly rent is 50% higher than the rest of the nation. Rent in San Francisco, SanJose, Oakland, and Los Angeles are among the top 10 most unaffordable in thenation. With rising population growth, California must not only provide housing butalso ensure affordability. It is estimated that 63 percent of extremely low income renter households and 75percent of extremely low income owner households overpaid for housing in 2010. Ofthe estimated 1,520 low income households, 75 percent of renter households and 44percent of homeowner households paid more than 30 percent of their income forhousing.The Palo Alto City Council, recognizing the severity of the regional housing crisis,requested that the Planning and Transportation Commission review constraintsaffecting the production of second (accessory) dwelling units and recommendmodifications to the City development standards.While existing law enables accessory dwellings as a source of housing, recent studiesshow that local standards like P unintentionally, prevent homeowners frombuildingADUs with standards like lot coverage, large setbacks, offstreet parking, or costlyconstruction requirements.
What other cities have done (just to name a few):City of San Jose adjusted their ADU requirement - Instead of requiring 6,000 to8,000 square feet of land for granny units, homeowners only need 5,445 squarefeet.
City of Mountain view has changed there lot size requirement to: NO MINIMUM.City of Palo Alto has changed their lot size requirements to be 5,000 sq ft.City of Redwood City lot size requirement is: NO MINIMUM.
(Sent via Envision Campbell)
From:Mary Jo Townzen
To:Daniel Fama
Subject:Lot Size Requirement for Granny Unit
Date:Wednesday, October 25, 2017 11:43:21 AM
Hi Daniel,
Thank you for your time over the phone yesterday. My husband and I own and reside at 752 Craig
Avenue in Campbell. Our lot is a corner lot that is over 9,000 square feet.
We are interested in adding a granny unit and want to be kept in the loop as to the City Council's
consideration of reducing the lot size requirement from 10,000 square feet.
Please keep us on the interest list and let us know how and when we can participate in any
proceedings where this is being considered. Thank you for all your assistance.
Sincerely,
Mary Jo Townzen
Mobile: 408-386-5761
From: My Nguyen Jan 3, 2018
1955 White Oaks Rd.
Campbell, CA 95008
To: Paul Kermoyan
Community Development Director
Community Development Department
City of Campbell
70 N. First Street
Campbell, CA 95008
408.866.2140
Dear Mr. Kemoyan,
I would like to request that your planning department considers dropping the minimum lot size
requirements for Accessory Dwelling Units (ADU) from the current 10,000 sqft limit. With the
new CA laws established last year, many cities have reduced or eliminated the requirements as
outlined in the table below to allow for more housing. I have spoken previously at the city
council meeting in Dec, 2017 about this issue and I would like to get this issue addressed in for
the Feb 13th meeting. My vote would be for Campbell to have something similar to Cupertino
or at least reduce to minimum lot size requirements to 5000.
City Minimum Size Granny Unit Size Comments
San Jose 5455 400 sqft • ≤ 9,000 sf lot – 600 sf • 9,001 to 10,000 lot – 650 sf • >
10,000 lot – 800 sf
Santa Clara 6000 1200 sqft
Los Gatos 40,000 1000 sqft Has not changed.
Cupertino No minimum 800-1200 sqft Under 10,000sqft - Max is 800sqft; Over 10,000 sqft -
Max is 1200 sqft
Mountain
View
No minimum 700 sqft
Sunnyvale 8500 Going to 7000 with current proposals in R-0; 8000sqft
with R-1
Palo Alto 5000 450-900 sqft
Sincerely,
My Nguyen
From:Larry Hayes
To:Daniel Fama
Cc:Gloria Hayes
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, December 27, 2017 3:19:43 PM
Attachments:image001.png
image002.png
AO50_Summer 2017_Yes in my backyard.pdf
Importance:High
Hi Daniel:
At your next Planning Commission meeting regarding ADUs, I strongly urge
changing the current mimimum size lot of 10,000 sq ft to 8,000 or less.
Many cities including San Jose, Sunnyvale and Palo Alto have recently reduced their
minimum size lot requirement to allow more ADUs to be built in an effort to help solve the
housing crisis in the Bay Area.
A Campbell resident for over 45 years—my wife and I own a house in Campbell with
a 8,400 sf ft lot, ideally suited for a small backyard home from 500 to 700 sq ft. We
would like to have the option of building a small ADU in our backyard which would
serve as a future place for us to live when we’re no longer able to live in our current
home.
Of course, this alone doesn’t solve the housing crisis in Campbell but in a small way, it helps
retirees like myself and others to remain living in our beloved neighborhoods as long as
possible.
Regards,
Larry & Gloria Hayes
1172 San Tomas Aquino Rd
Campbell
P.S. Attached is December 27, 2017 photo taken of a homeless family living in a parked car
on Hacienda Ave next to Kaiser medical. At least 6 RVs are parked on Dell Ave
due to the homelessness problem. I’m sure this is not the only place in Campbell
with people living on the street.
Also attached is an article about ADUs that appeared recently in the San Jose Mercury News
and ActiveOver50.
From: Daniel Fama <danielf@cityofcampbell.com>
Date: Tuesday, December 5, 2017 at 4:10 PM
To: Larry Hayes <larry@activeover50.com>
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Yes you can. Generally up to 2-3 minutes.
From: Larry Hayes [mailto:larry@activeover50.com]
12 / ActiveOver50 / Summer 2017
Backyard Homes
“Yes. In My Backyard”
By Pat Kapowich
Twenty years ago, most Bay Area homeowners were opposed to having secondary housing units in their next door neighbor's backyard. Similarly, Accessory Dwelling Units (ADUs) have swapped out "granny units" and "in-law quarters." Times change. Perhaps the housing shortage and aging population are why attitudes have been modified. Regardless, according to The California Department of Housing and Community Development, "changes to ADU laws (SB 1069, AB 2299 and AB 2406) will further reduce barriers, better streamline approval and expand capacity to accommodate the develop-ment of ADUs." The term “housing crisis” is now synonymous with the housing shortage. Young, old, rich or poor have all seen Bay Area rents skyrocket as supply plummets. The new laws deliberately
eased parking and requirements which will no doubt result in added housing stock for renters and rental income ADU owners. As a Realtor®, I know this is another option for many older adults who are traditionally unable or unwilling to sell and move. In fact, our Multiple Listing Service will include a search function for properties with an ADU.Accessory Dwelling Units—a.k.a. Secondary Dwelling Units or Accessory Living Units—are attached or detached new construction. Conversely, a Junior Accessory Dwelling Unit, (JADU) repurposes a room within the existing footprint of the single-family residence.JADUs have a separate entrance but no gas or 220-volt appliances and can be no more than 500 square feet. Two double locking doors are required to connect the unit to
the primary residence. The JADU requires an efficiency kitchen while a bathroom is optional. Senior citizens now referred to as "older adults" can maximize the newer term "aging in place." The ADU can accommodate guests, renters, family members or caregivers. Lest we forget, the homeowner has the option to live in the ADU while collecting rent on the larger home.Regardless, rental income in the backyards of retirees or a growing family is a safe investment. Thankfully, major banks are working on an ADU-specific loan home that will allow the future rents as a factor for qualifying. How much? You might ask. One newspaper article stated, "a rock-bottom new one can cost $50,000 to construct." We’re not talking sheds.Another reported $200,000 on the high end to complete. Reports also indicate speeding up the process with dramatic decreases in fee and costs. After interviews with the Garrison brothers of MC Contractors & Engi-neering, I thought it would be prudent to get real-world advice. Owner Mark Garrison currently has 20 permits open at different building departments from San Francisco to Gilroy. They also recently built a detached ADU in Los Gatos for $335,000. The permits were over 15% of the cost. Still a bargain today when 44-year old, 4-plexes sharing a laundry room, converted into condos, sell for $550,000+ accompanied by a $300+ monthly HOA fee.
Housing Guide
ActiveOver50 / Summer 2017 / 13
Garrison confirmed a few of my concerns. Adding an ADU could trigger upgrading the existing home's old and undersized water, gas and sewer lines.“One can easily spend $75,000 in utility upgrades," he said. Utility companies bring their respective lines from the street to the single-family home. The contractor will then bring those lines to the ADU. Mark recalled an attached non-permitted ADU that triggered adding fire sprinklers to both dwellings.
The cost could reach $30,000 in plumbing, labor, fees and permits. Fire sprinklers are not mandated in ADUs if the existing house did not require them when built. However, building and fire departments might find a loophole. Mark's brother, Tim and author of Structural Concepts For the Non-Engineer, shared how many professionals could be hired for the process of building an ADU.
"The primary disciplines typically required are an architect, surveyor, civil engineer, planner, structural engineer and builder. There are secondary disciplines which may or may not be involved such as landscape architect and interior designer. Trade contractors usually handle disciplines such as electrical engineering and mechanical engi-neering. “If this site is steeply sloping, seismically active or has some other geological issue, you’ll likely need a geotechnical engineer,” Tim added. "If everything goes perfectly, six months minimum. If there are glitches—there’s no upper limit. Realistically I’d estimate a year." No matter—the “win-win” invest-ment and security of an ADU or JADU may well be worth the cost and wait.
Realtor® Pat Kapowich provides old-fashion service within a high-tech
world. Pat writes the Market Wise column for the San Jose Mercury
News and Bay Area News New Group.
He can be reached at 408. 245.7700 or Pat@SiliconValleyBroker.com.
SiliconValleyBroker.com.