2018-11-27 (Planning Commission Staff Report)
ITEM NO. 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ November 27, 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 relating to the permitting, construction, affordability, and usage of
accessory dwelling units.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment 1), recommending that the City Council adopt an ordinance to amend Titles 18, 20, and 21 of the Campbell Municipal Code relating to the
permitting, construction, affordability, and usage of accessory dwelling units.
ENVIRONMENTAL DETERMINATION
Adoption of the proposed ordinance is Statutorily 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 65852.1 or
Section 65852.2 of the Government Code relating to the construction of accessory dwelling units.
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 (ADU) in
compliance with mandatory State legislation adopted in 2016 that eased parking requirements, increased allowable unit sizes, removed fire sprinkler requirements in some cases, and simplified garage conversions. Additional legislation signed into law in 2017, now codified in California
Government Code Section 65852.2 (reference Attachment 2), clarified and further eased
requirements for construction of accessory dwelling units. To address these recent changes, the
Council directed staff to prepare a revised ADU ordinance. A draft ordinance update was presented to the Planning Commission on February 13, 2018.
Many residents offered testimony regarding the need to reduce the minimum lot size. Some felt it
should be reduced to 8,000 square-feet while others felt it should be reduced even lower. The
Planning Commission continued the hearing for further review. However, the Council requested that this matter be agenized for a study session so that specific direction could be provided to the Planning Commission on the minimum lot size requirement. The Council held a study session on
June 5, 2018 and provided guidance to staff that the existing 10,000 square-foot minimum lot
size was too high, with some Council Members commenting that no minimum should considered
assuming it is working in other cities. The Council also asked to look at other variables such as unit size, open space, and access, without elaborating on how to utilize such standards. As such, the Commission has latitude in making its recommendation to the City Council (other than
respect to the minimum lot size).
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
Proposed Ordinance: The attached ordinance (reference Attachment 3) would replace Chapter
21.23 and amend several sections of the Campbell Municipal Code, as summarized below:
1. Definitions/ADU Types. 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.
The use of graphics would also help illustrate the three different types of ADUs
("attached," "detached," and "interior") recognized by the Zoning Code, as excerpted
below. However, the draft ordinance does not provide for "junior" ADUs (JADU), which
are a quasi-independent living units typically created from an existing bedroom
(reference Attachment 4 – ADU/JADU Comparison), since this task was not in the original scope of the update. The Commission, however, may continue the public hearing
and direct staff to include JADUs in the new ordinance if so desired.
"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 construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a) - Attached accessory dwelling unit "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).
Figure 3.6 (b) - Detached accessory dwelling unit "Interior accessory dwelling unit" means an accessory dwelling unit that is (1) contained within the existing space of a primary dwelling unit, including within its living area, basement, or
attached garage; or (2) constructed as part of a proposed primary dwelling unit.
Figure 3.6 (c) - Interior accessory dwelling unit
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
2. Minimum Lot Size: As directed by the City Council, the new ordinance removes the
current 10,000 square-foot minimum lot size altogether allowing any eligible parcel to be
developed with an ADU. However, the ability to construct an ADU would be limited to
residential properties developed with a detached single-family dwelling (i.e., not townhomes, duplexes, etc.) as the property's "primary dwelling".
3. Affordability/Unit Size: State law allows ADUs to be constructed up to 1,200 square-
feet or 50% of the primary dwelling's living area if attached, whichever is less. The City's
current standards comply with this limitation by tying the size of the ADU to the lot size
as shown below:
Current Size Limitation
Lot Size (Sq. Ft.) Maximum Size (Sq. Ft.)
10,000-10,999 700
11,000-11,999 800
12,000-12,999 900
13,000-13,999 1,000
14,000-14,999 1,100
15,000 or greater 1,200
However, because the community has expressed an understanding that ADU's provide "affordable" housing, the proposed ordinance takes a different approach to the allowable ADU size in order to incentivize creation of true deed-restricted below-market-rate
(BMR) housing. The draft ordinance would permit by-right an ADU up to 700 square-
feet (1 bedroom/1bathroom maximum) irrespective of lot size, subject to the applicable
FAR and lot coverage maximums.
If a homeowner wishes to construct an ADU larger than 700 square-feet, she would need to voluntary sign a covenant requiring the ADU (or the primary dwelling) to be rented to
a "lower-income" household (as defined by State law). The covenant would last for a
term of 30 years (consistent with a standard mortgage) and reset upon every sale of the
property. Execution of an affordability covenant would allow an ADU up to 1,200 square-feet (2 bedrooms/2 bathroom maximum), subject to the applicable FAR and lot coverage maximums. Homeowners exercising this incentive would also provide an
exemption from the Park Impact Fee (approximately $7,000).
4. Attached Garage Size Exception: The aforementioned size limitation (700 or 1,200
square-feet) is inclusive of the ADU's living area and uninhabitable spaces, with the exception of an attached garage not exceeding 400 square-feet. This limitation is intended
to prevent construction of an attached garage or storage building that is disproportionate
in size to an ADU. For example, there is currently no restriction that would prevent
construction of a 700 square-foot ADU with an attached 1,500 square-foot garage/storage
building other than FAR and lot coverage. 5. 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 multi-family residential zoning districts, ADUs would be allowed in the R-D, R-M, R-2, and R-3 zoning districts, as well as the P-D zoning
district with a corresponding residential General Plan land use designation.
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
6. Setbacks: Historically, the City has required that ADUs comply with the setback
standards applicable to the primary dwelling. However, this has created a significant
burden for properties subject to the San Tomas Area Neighborhood Plan (STANP)
because of the 20- to 25-foot rear setback requirement. On the flip side, residential properties outside of the San Tomas Area only have a 5-foot rear setback which has resulted in the opposite concern of placing ADUs too close to rear property lines.
As such, the draft ordinance would establish uniform setbacks applicable throughout the
City. These setbacks would only apply to ADUs that are detached from the main house. ADUs that are constructed as part of the primary dwelling (interior or attached) would
continue to be subject to the applicable setback standards. The setbacks are based on
those that were established in the Campbell Village Area Neighborhood Plan.
Front The same standard as for the primary dwelling unit
Interior Side (each) 5 feet
Street Side 12 feet
Rear 10 feet
7. Separation Between Structures: Currently, an ADU must be separated from the primary
dwelling by the "distance equal to building wall height of the taller of the two structures".
In practice this means that an ADU would need to be located upwards of 20-feet behind a 2-story house. In combination with STANP rear setbacks of 20- to 25-feet, this requirement has created a significant burden for many homeowners. As such, the draft
ordinance would apply the same separation standards for an accessory structure and a
house (10-feet behind and 5-feet to the side) to ADUs. This would maintain consistency
with other detached structures while providing suitable separation between buildings. 8. ADU Placement: As compared to accessory structures, the City has not generally limited
the placement of an ADU relative to the lot or the primary dwelling. This means that an
ADU can be constructed in front of, to the side, or behind the primary dwelling so long as
the setback and separation standards are complied with. The draft ordinance would require that ADUs be located to the side or rear of the primary dwelling to minimize
visibility from the street. However, the Planning Commission may eliminate this
requirement or modify it (e.g., limit ADUs to behind the house or the rear half of the lot).
9. Height/Stories: Interior and attached ADUs would continue to be limited to the first floor of the primary dwelling. Detached ADUs would also continue to be limited to a
single-story at a maximum height of 14-feet.
10. General Development Standards: Standards for FAR, building coverage, and open
space would continue to apply to construction of ADUs. The draft ordinance would also
apply the standards of the comparable zoning district for properties within the P-D Zoning District that otherwise have no such standards.
11. Design Requirements: Detached ADUs must presently "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." In addition to the disparity between traditionally constructed structures and manufactured homes, the imposition of subjective design review is not
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
procedurally appropriate for a ministerial permit. Moreover, it is likely that more ADUs
in the future will be pre-manufactured—due to lower cost and faster construction—
meaning that design consistency with the main dwelling will be challenging to achieve.
As such, the draft ordinance removes the design standards for detached ADUs for the following reasons:
• To provide parity between traditionally constructed structures and pre-
manufactured homes;
• Recognizing that pre-manufactured ADUs are increasingly well designed (see Prefab ADU as an example);
• Staff has found that requiring detached ADUs to mimic the appearance of the
primary dwelling limits creativity and can result in substandard design if the
primary dwelling is not particularly attractive; and
• Homeowners often do not want to mimic the design of the primary dwelling
because they have plans to remodel/expand/rebuild their home after construction
of the ADU (so that they can live in it during construction);
However, ADUs that are constructed as part of primary dwelling (attached and interior) will continue to need to maintain design consistency (i.e., the same wall cladding, roofing material, building color(s), window frames, and roof form and pitch). Additionally,
attached garages that are converted to ADUs must include replacement of the garage door
with consistent architectural features (e.g., wall, windows, trim, etc.).
12. 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. Additionally,
as required by State law, the driveway parking may be located within a required front- or street-side setback, which would otherwise be prohibited for a single-family
residence.
• 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 dwelling must currently 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
required by State law, this requirement may be viewed as inconsistent with
Legislature's intent that cities treat ADUs as normal residential land use. In this
regard, if the City would allow a homeowner to construct a 1,000 square-foot addition
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
to a house that only has a one-car garage, construction of an ADU should be given the
same consideration.1
• Specifically allow tandem parking as required by State law, but limit the number to no more than two vehicles to ensure the functionality of the parking stalls.
• 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 practice this would require
homeowners to construct new garages specifically designed to accommodate car lifts since normal garages do not have the necessary interior height.
13. 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 provision would clearly indicate that the use of "existing space" means to remodel a structure, not to reconstruct it so that it constitutes a new building.
A new definition for the term "existing space of an accessory structure" would also
clarify that this exception applies to lawfully permitted structures. The definition would also close an apparent loophole that could allow construction of an accessory structure under less permissive setbacks only for it to be converted later by limiting the exception
to structures that were lawfully constructed with permits 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.
ANALYSIS
Effect of Changes: Consistent with the intent of the State legislation, the draft ordinance is likely
to further facilitate construction of accessory dwelling units in the community:
1. Affordable Housing Incentive: By allowing an increase in allowable unit size and
bedroom/bathroom count in exchange for an affordability restriction, the City may see an
increase in BMR unit construction that would contribute to the City's Regional Housing
Needs Allocation (RHNA) obligation. The affordability covenant would require that an individual or household occupying the ADU have an annual income equal to or less than the "low-income" limit established by the California Housing and Community
Development Department (HCD), currently set at $85,050 (for a 2-bedroom unit). The
income limits are adjusted annually based on Santa Clara County's area median income
(AMI). Based on this income-level, rent would be limited to $1,470 per month (and adjusted annually based on HCD's annual AMI calculations).
A homeowner may rent to any individual or household satisfying the income maximum
with confirmation by the City. Although the ordinance cannot provide exceptions for
family members, the income maximum is well above the average Social Security benefit or minimum wage, which should generally allow occupancy by elderly parents or
1 CMC Sec. 21.28.040.D.2 states that when a structure is expanded "only the number of parking spaces required for
the addition needs to be provided". Since parking for residential uses is based on the dwelling units—not square-
footage or bedrooms—additions to single-family homes do not require additional parking.
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
recently graduated children. As such, the affordability restriction should not overlay
discourage homeowners who wish to rent to a family member(s).
Staff did consider other incentives, including monetary (e.g., fee reductions), FAR "bonuses", and relief from the owner-occupancy requirement of the primary dwelling
(allowing both units to be rented concurrently). However, this recommended approach
provides a desirable and easily understood benefit (more square-footage and an additional
bedroom/bathroom). It may also have a secondary benefit of limiting the size of new
ADUs as many homeowners may opt to build below the 700 square-foot threshold.
2. Setback/Building Separation Reduction: Relaxing the setback and building separation
standards will allow a significant number of properties in the San Tomas Area to
construct an ADU. As such, this neighborhood is likely to experience a greater
proliferation of ADUs as compared to the City's other neighborhoods that have not been as restricted.
3. Accessory Structure Conversions. The ability of homeowners to convert lawfully
constructed 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. 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 their poor condition. As noted, these structures may only be "converted" not rebuilt, such that if the structure's existing roof framing
and/or walls are no longer structurally sound it may not impossible to convert the
structure.
4. 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 new detached ADU that is not eligible for a parking exception—such
parking may be provided within an existing driveway within a front- or street-side
setback. 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 compliant 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.
5. 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. Most of
the R-D, R-M, R-2, and R-3 zoned properties are fully developed with duplex/trip-plex/four-plex structures or apartment buildings, which would preclude construction of
an ADU. However, there are numerous P-D zoned properties in in the South Downtown
neighborhood (i.e., Rincon, Sunnyside, South 4th-1st streets) that would potentially
accommodate an ADU. Currently, these properties can only construct a second dwelling
through Planned Development Permit process that requires City Council approval.
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
Comparison to Other Cities: Attachment 5 includes a chart that compares the City's current and
proposed standards to those of several area cities. However, it should be noted that as compared
to environmental regulations (e.g., stormwater, grading, tree protection, etc.), many land use
issues such as ADU standards do not have agreed upon "best practices". How a community wishes to regulate ADUs is a local issue for which there is no clear right answer. For instance,
the City can require up to one parking stall per ADU, but it could also eliminate the parking
requirement if so desired. Which choice is right? It depends how a community weighs housing
production as compared to adequate parking. The same calculus applies to size, placement,
affordability, design, etc. The Planning Commission should consider what is right for Campbell as the determining factor in making its recommendation to the City Council
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:
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. Additionally, the affordability incentive provision would result in creation BMR units consistent with policy's
direction of providing "modestly priced rental housing".
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.
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PLN2017-375 ~ Accessory Dwelling Unit Ordinance
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city;
State law is established to protect the public health, safety, and welfare. Adopting an ADU ordinance in compliance in State law, which still maintains locally-appropriate restrictions,
would serve to protect the public interest, health, safety, convenience or general welfare.
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
This public hearing was noticed in the Campbell Express newspaper and on the City's website.
Additionally, staff has maintained an email interest list of approximately 75 interested
individuals who were informed of the public hearing. Various housing organizations (e.g.,
Housing Trust, SV@ Home, etc.) were also informed of the hearing via email. Staff received two emails at present (reference Attachment 6).
Attachments:
1. Draft Planning Commission Resolution
2. Government Code Section 65852.2 3. Draft City Council Ordinance
4. JADU Frequently Asked Questions (FAQ)
5. Comparison Chart
6. Public Correspondence
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Director
RESOLUTION NO. 44__
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE TO AMEND TITLES 18, 20, AND 21 OF
THE CAMPBELL MUNICIPAL CODE PERTAINING TO THE
PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE 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 permitting, construction, affordability, andusage 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, particularly those that
would be offered at "moderately priced" rent, 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.An incentive to encourage property owners to offer accessory dwelling units at an
affordable rent is necessary to fulfill the City's Regional Housing Needs Allocation
(RHNA) housing production obligations and is in furtherance of the findings established
by the State of California, as provided in Government Code 65852.150, specifically that
accessory dwelling units offer lower cost housing
4.The draft 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.
5.The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt regulationsdesigned to promote the public health, safety and general welfare of its citizenry.
Attachment 1
Planning Commission Resolution No. 44__ PLN2017-375 – Recommending Approval a Zoning Code Amendment Page 2
6. 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;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City;
3. The proposed amendment is internally consistent with other applicable provisions of the
Zoning Code; and
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 Public Resource Code Section 21080.17
which exempts the adoption of an ordinance by a city or county to implement the
provisions of Section 65852.1 or Section 65852.2 of the Government Code relating to
the construction of accessory dwelling units.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt the attached Ordinance (reference Exhibit A).
PASSED AND ADOPTED this 27th day of November, 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.)
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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 RELATING TO THE PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE
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 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 65852.1 or Section 65852.2 of the
Government Code relating to the construction of accessory dwelling units.
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 an incentive to encourage property owners to offer accessory dwelling units at an affordable rent is necessary to
fulfill the City's Regional Housing Needs Allocation (RHNA) housing production
obligations and is in furtherance of the findings established by the State of California, as
provided in Government Code 65852.150, specifically that accessory dwelling units offer lower cost housing.
SECTION 4. 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 5. 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 6. 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 7: Replacing the Accessory Dwelling Unit Chapter: Existing Chapter 21.23
(Accessory Dwelling Units) of the Campbell Municipal Code is hereby deleted in its
entirety and replaced as follows:
Attachment 3
Page 2 of 20
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 California Government Code, and the
California Building Code (CBC). 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 housing needs of individuals and families, while preserving the integrity of single-family neighborhoods. It is
not the intent of this Chapter to override any lawful use restrictions as may be set forth in
Conditions, Covenants, and Restrictions (CC&Rs).
21.23.020 - Minimum Standards for Eligibility
A single accessory dwelling unit may 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. B. Dwelling 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 dwelling unit (i.e., duplex/triplex/fourplex or an apartment) or that is already developed with an accessory dwelling unit. For the purposes of this
Chapter, a primary dwelling unit shall only include a detached single-family
dwelling (irrespective of parcel size).
C. Legal parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 20 of the
Municipal Code (Subdivision and Land Development), as applicable at the time the
parcel was created. The City Engineer may require a certificate of compliance to
verify conformance to this requirement. 21.23.030 – Affordability Incentive
This section provides an incentive to property owners to voluntarily offer for rent
accessory dwelling units at an affordable rent, in furtherance of the findings established by the State of California, as provided in Government Code 65852.150, specifically that accessory dwelling units offer lower cost housing.
A. Terminology. The terms used in this section pertaining to housing affordability,
including "affordable rent," "lower-income, "very low-income," and "eligible
Page 3 of 20
household" shall have the same meanings as defined by Chapter 21.24
(Inclusionary housing ordinance).
B. Applicability. This section shall apply to all new and existing accessory dwelling units.
C. Incentive. A property owner that voluntary executes an affordability covenant in
compliance with this section shall be granted an increase to the maximum allowable floorspace or living area of up to 500 square feet, including an additional bathroom and bedroom up to a maximum of two bedrooms and two bathrooms,
subject to the maximum floor area ratio and maximum lot coverage of the parcel
as specified by Section 21.23.040.D.
D. Affordability covenant. An affordability covenant and/or other comparable instrument acceptable to the community development director shall be recorded
against the parcel containing the accessory dwelling unit. The covenant shall
require either the accessory dwelling unit or the primary dwelling unit to be offered
at an affordable rent to a lower-income household for a term of thirty (30) years. The covenant shall be renewed as a condition of sale by each successive property owner at the change of each title for a period of thirty (30) years.
E. Timing. A building permit for creation of an accessory dwelling subject to this
section shall not be issued until the property owner has recorded the affordability covenant and/or other comparable instrument.
F. Eligible household. No household shall be permitted to begin occupancy of the
unit to be offered at an affordable rent unless the City or its designee has
approved the household's eligibility. 21.23.040 - Development Standards
An accessory dwelling unit shall be constructed only in accordance with the following
development standards: A. General requirements. Creation of an accessory dwelling unit shall comply with
all applicable land use permit, general performance, site development,
landscaping, flood damage prevention, and tree protection standards specified by
this Title. The requirements for accessory structures found in Section 21.36.020 (Accessory structures) do not apply to accessory dwelling units.
B. Placement. Detached accessory dwelling units shall be located to the rear or side
of the primary dwelling unit.
C. Private open space. Creation of an accessory dwelling unit shall not reduce a parcel's private open space to less than that required by the applicable zoning
district and/or area or neighborhood plan. In the case of a parcel within the P-D
(Planned Development) Zoning District the required private open space shall be
equal to the standard provided by the zoning district that directly corresponds to
Page 4 of 20
the parcel's General Plan land use designation as specified by Section 21.04.020,
Table 2-1.
D. Floor area ratio and lot coverage. Creation of an accessory dwelling unit shall comply with the maximum floor area ratio and maximum lot coverage as specified
by the applicable zoning district and/or area or neighborhood plan, except that a
property owner may seek approval of a site and architectural review permit to
allow an increase to the maximum floor area ratio for a property in the R-1 (Single Family Residential) zoning district pursuant to Section 21.08.030, Table 2-3 or Policy "C" of the San Tomas neighborhood plan. In the case of a parcel within the
P-D (Planned Development) zoning district the maximum floor area ratio and
maximum lot coverage shall be equal to the standards provided by the zoning
district that directly corresponds to the parcel's General Plan land use designation as specified by Section 21.04.020, Table 2-1.
E. Setbacks. An accessory dwelling unit shall conform to the setback standards
specified by Table 3-1(b), below:
Table 3-1(b) – Setback Standards
Setback Detached ADUs Interior and Attached ADUs
Property Line Setbacks
Front The same standard as for
the primary dwelling unit The same standard as for the primary dwelling unit
Interior Side (each) 5 feet
Street Side 12 feet
Rear 10 feet
Separation
from Primary Dwelling Unit
If located behind the
primary dwelling unit 10 feet
Not applicable If located to the side of the primary dwelling unit 5 feet
Separation from
Accessory Structure(s)
If located behind the
accessory structure 10 feet
As specified by Section 21.36.020 (Accessory
structures)
If located to the side of the
accessory structure 5 feet
If located in front of the accessory structure 10 feet
Exception: An accessory dwelling unit contained within the existing space of an accessory structure or the existing space of a primary dwelling unit shall not require conformance with the
above setback requirements, provided that the existing side and rear setbacks are sufficient for fire safety.
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).
Page 5 of 20
F. Minimum living area. The minimum living area for all accessory dwelling units
shall be 150 square feet, subject to the restrictions specified by Health and Safety
Code Section 17958.1. G. Maximum size. Except for a parcel subject to a voluntary affordability covenant
pursuant to Section 21.23.030, the maximum floorspace for a detached accessory
dwelling unit and the maximum living area for an attached or interior accessory
dwelling unit shall be 700 square feet. In no case shall the living area for an attached or interior accessory dwelling unit exceed fifty percent (50%) of the existing or proposed living area of the primary dwelling unit. Consistent with the
definition of "floorspace," an attached garage of no greater than 400 square feet
connected to a detached accessory dwelling unit shall not be included within the
allowable maximum floorspace. H. Allowable rooms. Except for a parcel subject to a voluntary affordability covenant
pursuant to Section 21.23.030, an accessory dwelling unit shall be limited to a
maximum of one bathroom and one bedroom (defined as a habitable room with an
area not less than 70 square feet as described by California Building Code section 1208.3). An accessory dwelling unit shall also contain no more than one kitchen facility (as defined by Section 21.27.020.K) and no more than one living room
(defined as a habitable room with an area not less than 120 square feet as
described by California Building Code section 1208.1), unless a combined
bedroom and living room is proposed. No other rooms or closets larger than 24 square feet shall be permitted.
I. Maximum height and stories. An accessory dwelling unit shall conform the
applicable height maximums as specified by Table 3-1(c), below:
Table 3-1(c) – Height Standards
Standards Detached ADUs Interior and Attached ADUs
Maximum Building Height 14 feet The same standard as for the primary dwelling unit
Maximum Wall
Height
10 feet
(interior property line sides only) Not applicable
Maximum Number
of Stories 1 story Limited to the first story or basement of the
primary dwelling unit
Exception: A detached dwelling accessory unit contained within the existing space of an
accessory structure with a building height greater than 14-feet may maintain the existing height of the accessory structure, but shall be limited to the first-story.
J. Parking. Off-street parking for accessory dwelling units and replacement off-street
parking for primary dwelling units shall be provided in compliance with this section.
1. Number of spaces. Required and replacement parking shall be provided as
specified by Table 3-1(d), below:
Page 6 of 20
Table 3-1(d) – Parking Standards
Standard Detached ADUs Interior and Attached
ADUs
Required Parking 1 space per unit or per bedroom, whichever is less Not Required
Replacement Parking
Existing parking spaces that are removed in conjunction with the
creation of an accessory dwelling unit (e.g., by demolition or conversion of a garage) shall be replaced on the parcel
concurrently with creation of the accessory dwelling unit.
Exception: No "required parking" (as specified by Table 3-1(d)) shall be required for a detached
accessory dwelling unit that is contained within the existing space of an accessory structure. No
"required parking" or "replacement parking" (as specified by Table 3-1(d)) shall be required for an accessory dwelling unit that is located on a parcel that is within (1) a traversable distance of
one-half mile of public transit, (2) a designated historic district, (3) one block of a City-licensed car share vehicle, or (4) the boundaries of a permanent residential parking permit program,
where the City does not offer parking permits to occupants of an accessory dwelling unit.
2. Parking configuration. Required and replacement parking spaces shall
satisfy the standards provided by Chapter 21.28 (Parking and loading),
except that such 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.
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
parcel.
c. Tandem parking shall be limited to two parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a
fully enclosed garage.
K. Design. Attached accessory dwelling units shall maintain the appearance of the
primary dwelling unit, including using the same wall cladding, roofing material,
building color(s), window frames, and roof form and pitch. Interior accessory
dwelling units contained within the existing space of an attached garage shall
include removal of garage doors which shall be replaced with architectural features the same as those of the primary dwelling unit, including the same wall
cladding, building color(s), and window frames that remove any appearance that
the structure was originally a garage.
Page 7 of 20
L. Entrances. All accessory dwelling units shall include exterior access that is
independent from the primary dwelling unit. The entrance to the primary dwelling
unit shall be separated by 10 feet or be located on different wall from the entrance to an interior or attached accessory dwelling unit. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required
by the City.
M. Interior Connection. Attached and interior accessory dwelling units may, but shall not be required, to contain an interior doorway connection between the primary and accessory dwelling units.
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 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. The community development
director shall require recordation of a deed restriction documenting these
restrictions. C. Park impact fee. A fee in-lieu of parkland dedication land shall be paid in
compliance with Chapter 13.08 (Park Impact Fees), except for a parcel subject to
a voluntary affordability covenant pursuant to Section 21.23.030, which shall be
granted an exemption from this fee. 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 accessory dwelling unit if they would otherwise
not be required for the primary dwelling unit. If the creation of an interior or attached accessory dwelling unit would result in the primary dwelling unit becoming a "new dwelling using portions of the original structure" pursuant to
Chapter 18.32 (Determination of scope of work), then fire sprinklers shall be
required to the same extent as for construction of any other new dwelling unit.
21.23.060 – Approval Process
The City shall issue a ministerial building permit for an accessory dwelling unit that
is consistent with the provisions of this Chapter, as determined by issuance of a Zoning
Clearance in compliance with Chapter 21.40 (Zoning clearances), within one hundred and twenty (120) days of submittal of a complete building permit application. However,
Page 8 of 20
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), 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
ministerial building permit application for an accessory dwelling unit.
21.23.070 – 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" (ADU) 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, 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 defined types, the community development director shall make a determination
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 construction of a new basement underneath a
primary dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a)
Attached 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).
Page 9 of 20
Figure 3.6(b)
Detached accessory dwelling unit
3. "Interior accessory dwelling unit" means an accessory dwelling unit that is (1) contained within the existing space of a primary dwelling unit, including
within its living area, basement, or attached garage; or (2) constructed as
part of a proposed primary dwelling unit.
Figure 3.6(c) Interior accessory 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), and a boundary survey if required to verify parcel size, which 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). "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 received final building permit clearance prior to January 1,
2017 and which has not been expanded on or after January 1, 2017.
Page 10 of 20
"Living area" means the interior habitable floor area of a dwelling unit, including
conditioned basements and attics, but not garages or other uninhabitable space, 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 of the structure, including its living area,
basement whether conditioned or unconditioned, and any other uninhabitable space,
excepting an attached garage of no greater than 400 square-feet connected to the detached accessory dwelling unit.
"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).
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures. "Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1).
"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.
SECTION 8. 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;
Page 11 of 20
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-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:
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.
Page 12 of 20
SECTION 10. 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:
B. Permitted uses in R-2 (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 11. 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:
B. Permitted uses in R-3 (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;
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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 12. 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."
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.
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SECTION 13. 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.
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 14. Administrative Planned Development Permit: Campbell Municipal Code
Section 21.12.030.H.1 (Administrative planned development permit required) is amended
to read as follows with underlining indicating new text and strikeouts (strikeout) indicating
deleted text:
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1. Administrative planned development permit required. An administrative
planned development permit approved by the community development
director shall be required for the following: a. The establishment of a new use in an existing building when no
development plans are required (excluding the establishment of a liquor
establishment or liquor store that requires the approval of a conditional
use permit);
b. A new single-family home or an addition to a single-family home on an existing lot with only one single-family residence on the lot, where a
planned development permit had not been previously approved;
c. A detached or attached accessory dwelling unit, on a lot with only one
existing or proposed single-family residence in compliance with Chapter 21.23 (Accessory dwelling units).
c.d. Additions, remodels and facade improvements to commercial and
industrial buildings. In the case of an addition, the addition shall be less
than ten percent of the existing gross floor area or five thousand square
feet, whichever is less.; or
d.e. New and existing late-night activities pursuant to Section 21.58.040(B)(3) (Nonconforming uses).
SECTION 15. Modification of Planned Development Permit: Campbell Municipal Code
Section 21.12.030.H.3 (Modification of a planned development permit) is amended to
read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
a. Minor modification. The community development director may approve a
minor modification to a previously approved planned development
permit when the change/modification does not add additional building square footage or substantially alter the design or specifications approved by the site plan. The community development director may
request that a minor modification be reviewed by the planning
commission.
b. Major modification. A modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan, except for creation of
an accessory dwelling unit, shall be reviewed by the planning
commission and approved by the City Council.
SECTION 16. Allowable Density: Table 2-1 of Section 21.040.020, is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
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TABLE 2-1
Zoning Districts and General Plan Designations
Zone Map
Symbol Zoning District Name
General Plan Land Use Designation
Dwelling Units/Acre Implemented by
Zoning District
Residential Zoning Districts (1)
R-1-10, 16 Single-Family, 10,000 or 16,000
square foot minimum lot size
Low Density Residential, Less than 3.5
d.u./gross acre
R-1-8, 9 Single-Family, 8,000 or 9,000
square foot minimum lot size
Low Density Residential, Less than 4.5
d.u./gross acre
R-1-6 Single-Family, 6,000 square foot
minimum lot size
Low Density Residential, Less than 6
d.u./gross acre
R-D Two-Family District Low-Medium Density Residential, 6-13
d.u./gross acre
R-M Multiple-Family Low-Medium Density Residential, 6-13
d.u./gross acre
R-2 Multiple-Family Medium Density Residential, 14-20
d.u./gross acre
R-3 Multiple-Family High Density Residential, 21-27 d.u./gross
acre
Commercial Zoning Districts
P-O Professional Office Professional Office
C-1 Neighborhood Commercial Neighborhood Commercial
C-2 General Commercial General Commercial
C-3 Central Business District Central Commercial
Industrial Zoning Districts
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C-M Controlled Manufacturing Research and Development
M-1 Light Industrial Light Industrial
Special Purpose Zoning Districts
C-PD Condominium Planned
Development
P-D Planned Development
P-F Public Facilities Institutional
P-F/O-S Public Facilities/Open Space Open Space
Overlay/Combining Districts
H Historic Preservation
O Overlay District
Notes:
(1) An accessory dwelling unit is a residential use that is consistent with all residential
general plan and zoning designations, and therefore, does not exceed the
allowable density for the lot upon which the accessory dwelling unit is located.
SECTION 17: 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 18: Definitions of Main Structure: The definition of "main structure" in Campbell
Municipal Code section 21.72.020.M is amended to read as follows, with underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
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"Main structure," also "non-accessory structure" means a structure that
accommodates the primary use of the site, specifically excluding "accessory structures"
and "accessory dwelling units". SECTION 19: 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.
SECTION 20: Residential Project Definition: The definition of "residential project" in
Campbell Municipal Code section 21.24.030 is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
"Residential project" means any parcel map, subdivision map, conditional use
permit, site and architectural review permit, building permit, or other city approval, which
authorizes ten or more living units or residential lots, or living units and residential lots
with ten or more in combination., exclusive of any proposed accessory dwelling units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction
of ten or more living units on a lot, or on contiguous lots for which there is evidence of
common ownership or control, even though not covered by the same city land use
approval, shall also be considered a residential project. Construction shall be considered
contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the
following: parcel map, subdivision map, or other discretionary city land use approvals, or
building permits, or applications for such an approval or permits. A pending project shall
not be considered a residential project under this chapter.
SECTION 21. Accessory structures: Campbell Municipal Code Section 21.36.020 (Accessory structures) is amended to read as follows with underlining indicating new text
and strikeouts (strikeout) indicating deleted text:
21.36.020 - Accessory structures.
This section provides standards for accessory structures that are physically detached
from, and subordinate to, the main structure on the site. The standards contained in this section pertain to all properties except when otherwise provided for by a development
agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping
quarters or a kitchen facilities. The number of allowed plumbing fixtures shall be
limited to two fixtures and may only include a toilet, sink, hot water heater or
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washing machine connection. Enclosed workshops with separate entrances are
not allowed. Workshops with partial bathrooms must be open to the rest of the
structure by at least a six-foot opening. The community development director may shall require the recordation of a deed restriction stating that the structure will not be used as a dwelling unit. An accessory dwelling unit may be approved in
compliance with Chapter 21.23 (Accessory Dwelling Units).
B. Allowed accessory structures. Accessory structures, including and detached private garages and carports, may be allowed in compliance with the following standards:
1. Accessory structures shall not exceed one story or 14 feet in height;
2. Accessory structures shall be located on the rear half of the lot;
3. Accessory structures shall be located to the rear or side of the main structure. If located to the rear of the main structure, a minimum separation of 10 feet shall be required. If located to the side of the main structure, a
minimum separation of five feet shall be required. The separation
requirements between an accessory dwelling unit and an accessory
structure are provided in Chapter 21.23 (Accessory dwelling units);
4. Accessory structures shall meet all setback requirements of the applicable zoning district in which they are located;
5. No accessory structure shall exceed 1,000 square feet. If there is more than
one accessory structure on a lot, one accessory structure shall be allowed
up to 1,000 square feet and every one subsequent to that shall not exceed 200 square feet;
6. When there is more than one accessory structure on a lot, there shall be a
minimum separation of 10 feet between each accessory structure;
7. An accessory structure or private garage shall be considered detached if
they do not share a common interior wall with the main structure. C. Design criteria. Accessory structures that exceed 120 square feet in area must be
architecturally compatible with the main structure in terms of design, color and
materials, as determined by the community development director.
SECTION 21: 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.
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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
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Frequently Asked Questions:
Junior Accessory Dwelling Units
Is There a Difference between ADU and JADU?
Yes, AB 2406 added Government Code Section 65852.22,
providing a unique option for Junior ADUs. The bill allows
local governments to adopt ordinances for JADUs, which are
no more than 500 square feet and are typically bedrooms in a
single-family home that have an entrance into the unit from
the main home and an entrance to the outside from the
JADU. The JADU must have cooking facilities, including a
sink, but is not required to have a private bathroom. Current
law does not prohibit local governments from adopting an
ordinance for a JADU, and this bill explicitly allows, not
requires, a local agency to do so. If the ordinance requires a
permit, the local agency shall not require additional parking or
charge a fee for a water or sewer connection as a condition
of granting a permit for a JADU. For more information, see
below.
ADUs and JADUs
REQUIREMENTS ADU JADU
Maximum Unit Size Yes, generally up to 1,200 Square Feet or
50% of living area
Yes, 500 Square Foot Maximum
Kitchen Yes Yes
Bathroom Yes No, Common Sanitation is Allowed
Separate Entrance Depends Yes
Parking Depends, Parking May Be Eliminated and
Cannot Be Required Under Specified
Conditions
No, Parking Cannot Be Required
Owner Occupancy Depends, Owner Occupancy May Be
Required
Yes, Owner Occupancy Is Required
Ministerial Approval Process Yes Yes
Prohibition on Sale of ADU Yes Yes
Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight
Attachment 4
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Why Adopt a JADU Ordinance?
JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a
tenant by offering an interior connection between the unit and main living area. The doors between the two spaces
can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living
area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug
in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case
additional income or housing is needed. They present no additional stress on utility services or infrastructure
because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional
address is required on the property because an interior connection remains. By adopting a JADU ordinance, local
governments can offer homeowners additional options to take advantage of underutilized space and better
address its housing needs.
Can JADUs Count towards the RHNA?
Yes, as part of the housing element portion of their general plan, local governments are required to identify sites
with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a
JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department
of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the
RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to
assure the JADU is counted to the appropriate income category. For example, some local governments request
and track information such as anticipated affordability as part of the building permit application.
Can the JADU Be Sold Independent of the Primary Dwelling?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should
not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to
all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water,
sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not
considered a new or separate unit.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hall.
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Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life
protection requirements, then the JADU must be treated the same.
ADU Standards Comparison
City Min Lot
Size* Max ADU Size Detached
ADU Setbacks
Detached
ADU Height Max Stories Parking
Campbell
(Current) 10,000 SF Up to 1,200 SF
(based on lot size) Same as main house 14-feet 1st-story only 1 Space
Campbell
(Proposed) None
700 SF (by-right)
1,200 SF
(with BMR restriction)
5-ft side | 10-ft rear 14-feet 1st-story only 1 Space
San Jose 3,000 SF 600-900 SF
(based on lot size)
0-ft side/rear (1st story)
5-ft side/rear (2nd story)
18-feet (1 story)
22 feet (2nd story) 2nd-story allowed 1 Space
Sunnyvale 5,000-
8,000 SF 700 SF Same as main house Same as main
house 2nd-story allowed 1 Space
Cupertino None 10% of the lots size,
up to a maximum of 1,000 SF Same as main house Same as main
house
1-story only (except
for conversion of
existing 2nd-story
areas)
1 Space (only
if the main
house is not
code-
complaint)
Mountain
View None 700 SF
5-ft side | 10-ft rear
Same as main house for
2nd story
16-feet (1-story)
28-feet (2nd-story
over garage)
2nd-story 1 Space
Redwood
City None 700 SF
900 SF (lots 10,000 SF+)
6-ft side |10-ft rear
5-ft side (if above garage)
14-feet (1-story)
28-feet (2nd-story
over garage)
2nd-story allowed None
Palo Alto 5,000 SF 900 SF 6-ft side | 6-ft rear 17-feet
1-story only (except
for conversion of
existing 2nd-story
areas)
None
San Mateo
County None
750 SF or 35% of the floor
area of the main house,
whichever is less
16-ft > in height:
6-ft side | 6-ft rear
16-ft < in height:
6-ft side | 10-ft rear
26-feet 2nd-story allowed 1 Space
*For new structures
Attachment 5