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2019-08-13 (Planning Commission Special Presentation by STACC) PLANNING COMMISSION City of Campbell, California 7:30 P.M. August 13, 2019 City Hall Council Chambers Tuesday AGENDA ROLL CALL APPROVAL OF THE MINUTES July 23, 2019 COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. SPECIAL PRESENTATIONS Presentation by the San Tomas Area Community Coalition (STACC) on proposed standards for Accessory Dwelling Units within the San Tomas Area. PUBLIC HEARINGS 1. PLN2019-141 Public Hearing to consider a City-initiated Revocation (PLN2019- 141) of a Conditional Use Permit (PLN2018-118) for a commercial school and child day care center (formerly d.b.a. ‘Rossinca-Carden’) to consider modifying permit conditions with an emphasis on conditions related to the time to complete required onsite and offsite improvements on property located at 1980 E. Hamilton Avenue. This meeting serves to continue the Planning Commission’s one-year review of the Conditional Use Permit (PLN2018-118) held on July 23, 2019 which recognized that required offsite improvements may not be completed prior to the start of the Fall 2019 school semester and that the property owner may require more time to complete the work. Staff is recommending that this project be found Categorically Exempt under CEQA. Project Planner: Stephen Rose, Associate Planner Planning Commission Agenda for August 13, 2019 Page 2 of 2 2. PLN2019-121 PLN2019-122 Public Hearing to consider the application of Evolving Palate, Inc. dba Desi Contemporary Indian for a Conditional Use Permit (PLN2019-121) and Administrative Planned Development Permit (PLN2019-122) to allow general on-sale alcohol service ("liquor establishment") in conjunction with an approved standard restaurant (former Steak n' Shake) on property located at 501 E. Campbell Avenue. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner 3. PLN2013-12 Public Hearing to consider a City-initiated Zoning Code Amendment to amend Title 21 and Title 5 of the Campbell Municipal Code to establish a new list of allowable land uses for the C-3 (Central Commercial District) Zoning District. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Date: September 3, 2019. Project Planner: Daniel Fama, Senior Planner REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next regularly scheduled Planning Commission meeting of August 27, 2019, at 7:30 p.m., in the City Hall Council Chambers, 70 North First Street, Campbell, California. Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact Corinne Shinn at the Community Development Department, at corinnes@cityofcampbell.com or (408) 866-2140. STACC ADU Development Standards Proposal SAN TOMAS AREA NEIGHBORHOOD PLAN Page 1August 13, 2019 at 11:36 AM Topic Page # ADU 1 ...................................................................... Area Plans 3 ............................................................ Accessory Dwelling Units General Info 4 ............ ADU Development Standards; Zoning 6 ............ Attached ADU Detached ADU Development Standards JADU 7 ......................... Design Standards; Enclosed Staircase 8 ............. Window Placement 9 ............................................ Balconies & Roofdecks Permits and Fees 10............................................... TABLE OF CONTENTS Page 2August 13, 2019 at 11:36 AM Topic Page # Usage Restrictions 11 ............................................ Owner Occupancy and Short Term Rentals Below Market Rate Site Standards New Construction 12 ................... Site Examples 15 .................................................... Sample Plans for ADUs 16 .................................... Changes in State Law Affect ADUs 17 ................. Difference Between a Tenant & Lodger 22 ........ Team Members 24 ................................................. SAN TOMAS AREA COMMUNITY COALITION (STACC) Area Plans are integral parts of the General Plan, guiding building and development decisions within a deﬁned geographic area of a city to preserve and protect a unique environment, characteristic, community value, or lifestyle. Background: The San Tomas Area Neighborhood Plan was developed and adopted after extensive public participation. As the ﬁrst neighborhood plan in the City of Campbell it achieves its goal to allow this area to retain its unique character of an open, rural feel with larger lots and ample access to light, sun, and privacy. State vs. Local Control: With more and more recent state laws preempting local control over development in City neighborhoods, most recently seen in the laws about ADUs, it is critical that we use what means we have left to protect and preserve our General Plan, its established Area Plans, and our residential neighborhoods. We believe this should be done with design standards, in this case within the STANP. Area Plans HISTORY OF THE SAN TOMAS AREA NEIGHBORHOOD PLAN (STANP) Page 3August 13, 2019 at 11:36 AM A stand alone cottage style ADU, photos courtesy of Acton ADU How do they contribute to the neighborhood? Campbell has always been a community that values family and its traditional neighborhoods. Today with the shortage of affordable housing, households often include parents, adult children and other family members. In many ways this is a return to the days of the San Tomas neighborhood’s roots when it was a rural farming community. Our goal is to work with the City of Campbell to implement standards that help homeowners develop Accessory Dwelling Units (ADUs), also known as Granny Units or secondary living units. Those standards should be sensitive to the surrounding neighborhood and contribute rather than detract from the San Tomas Area Neighborhood Plan (STANP) in order to provide more housing. One way to accommodate today’s housing needs is to provide standards that encourage homeowners to build ADUs. By allowing these small residences, we can help our neighbors to meet their extended family housing needs on the same lot as their existing residential home. ADUs can also increase the available rentals, providing more housing overall. Accessory Dwelling Units GENERAL INFORMATION Page 4August 13, 2019 at 11:36 AM MICRO, SMALL, MEDIUM OR LARGE - THE JUST RIGHT ADU State law allows ADUs of up to a maximum of 1200 sqft. They may be built as a freestanding house, as an addition to the main house, or over a detached garage. They may be created by converting all or part of an existing structure (such as a detached garage or storage unit), or by building a new living space within an existing residence. Page 5August 13, 2019 at 11:36 AM Some examples of how to create an ADU Zoning ADUs must exist on a lot that is zoned for single-family homes. ADUs are allowed on any residential lot with an existing single family home, regardless of parcel size. They have their own entrance, separate from the primary house, as well as a kitchen, bathroom and living space. Building (lot) coverage and Floor to Area Ratio (FAR) calculations govern the size of an allowed ADU by restricting them to the guidelines already detailed in the San Tomas Area Neighborhood Plan. Attached ADU: The ﬂoor area of the ADU shall not be more than 50% of the existing residence up to 1,200 sqft For example, if your existing house is 2,500 sqft, the attached ADU cannot exceed 1,200 sqft. The ﬂoor area of the ADU unit shall be included when calculating the total FAR of the lot. Detached ADU: For a detached ADU, the total ﬂoor space area shall not be more than 1,200 sqft, regardless of the size of the primary residence. The ﬂoor area of the ADU unit shall be included when calculating the total FAR of the lot. ADU Development Standards SAN TOMAS AREA NEIGHBORHOOD PLAN Page 6August 13, 2019 at 11:36 AM JADU (Junior Accessory Dwelling Units): JADUs, 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. Since the goal is to provide housing while maintaining the unique character of the San Tomas Area, we propose that JADUs be prohibited. Traditionally home owners have rented rooms in their home, sharing kitchen, laundry and bathroom access with their lodgers. This allows for better maintained homes which provide increased housing as well as income for the home owner. ADU Development Standards SAN TOMAS AREA NEIGHBORHOOD PLAN Page 7August 13, 2019 at 11:36 AM JADU August 13, 2019 at 11:36 AM Page 8 Enclosed Staircase: Privacy and consideration of neighbors is a key element in the STANP. In keeping with this, we propose that ADUs which are two story detached buildings, or located on the second story of an existing residence, have enclosed Design Standards STANP ADU PRIVACY, NOISE, QUALITY OF LIFE exterior staircases. Skylights that do not open are allowed. This will provide privacy and sound reduction as people enter and exit the building. Remember, these units are on single family zoned properties, and are not to be treated as multi-unit housing. Window Placement: We propose that windows that are adjacent to the neighbors (interior property line) be kept at a height such as to provide privacy for the neighbors. The use of clerestory and smaller windows in these spaces would meet this standard. For privacy, any bathroom windows should be obscured glass. Balconies and Roof Decks: Again, consideration of the neighbors is key, and we believe that since the ADUs are generally within much smaller setbacks than is required for primary residences in the San Tomas Area that balconies and roof decks be prohibited in second story stand alone units. Exceptions would be conversion of an existing room in a residence which already has a balcony. Design Standards continued STANP ADU PRIVACY, NOISE, QUALITY OF LIFE CONTINUED Page 9August 13, 2019 at 11:37 AM Permits and Fees We propose that ADUs 720 sqft or smaller be exempt from: •Building permit fees. •Park impact fees. FEES AND PROCESSES Page 10August 13, 2019 at 11:37 AM A stand alone cottage in modern style with clerestory windows USAGE RESTRICTIONS Owner Occupancy and Short Term Rentals While the goal of ADUs is to provide much needed housing there should be an owner occupancy restriction to promote landlords who have an interest in maintaining the property. Short term rentals (terms less than 30 days) will not be allowed on parcels with ADUs and any existing short term rental permit must be forfeited before applying for a permit to build an ADU. Below Market Rate (BMR) Incentive While most of the ADUs being constructed today are needed to provide housing for family members it is likely that these units will be rented at some time. Construction of an ADU is a costly endeavor, and homeowners shall be able to charge the market rate for rentals. Page 11August 13, 2019 at 11:41 AM Site Standards New Construction SETBACKS, HEIGHTS, LOCATION Page 12August 13, 2019 at 11:42 AM Zoning Code for ADUs in the STANP All Residential zones, R1-6, 8, 9, 10 and above, NO MINIMUM LOT SIZE 1 No Minimum lot size ADU size is determined by STANP FAR & Lot Coverage rules. 2 Minimum and maximum unit size Minimum 200 sqft, maximum size 1200 sqft. 3 Maximum height single story detached 14 feet. This provides for a lower building than the primary residence and is less intrusive to the neighbors. 4 Maximum height two story detached 24 feet, (this is 4 feet shorter than the primary residence limit of 28 feet). 5 Detached ADU entrance, main windows and entry Shall be oriented towards main house, front of lot, and away from side and rear property lines. Site Standards New Construction SETBACKS, HEIGHTS, LOCATION Page 13August 13, 2019 at 11:42 AM Zoning Code for ADUs in the STANP Setback Standards Detached ADUs Interior and Attached ADUs 6 Property Line Setbacks Front The same standard as for the primary dwelling unit The same standard as for the primary dwelling unitInterior Sides 5 feet or one-half the building wall height, whichever is greater Rear 10 feet or 5 feet, To Be Determined. 10 feet setbacks provide more privacy, and noise buffering, and light and air between neighbors. 5 feet setbacks provide more options for development. Street Side 12 feet 7 Separation from Primary Dwelling Unit If located in front of the primary dwelling unit 10 feet Not applicableIf located behind the primary dwelling unit If located to the side of the primary dwelling unit 5 feet 8 Separation from Accessory Structure(s) If located in front of the accessory structure 10 feet As speciﬁed by Municipal Code Section 21.36.020 (Accessory structures)If located behind the accessory structure If located to the side of the accessory structure 5 feet Site Standards New Construction SETBACKS, HEIGHTS, LOCATION Page 14August 13, 2019 at 11:42 AM Zoning Code for ADUs in the STANP All Residential zones, R1-6, 8, 9, 10 and above, NO MINIMUM LOT SIZE 9 ADU exterior If attached to the main home or visible from the front it must relate to main house in building materials, rooﬂine and other details. If not visible from the front ﬂexibility of appearance is allowed. For instance, main home ranch, ADU Asian, Southwest, etc. 10 Second Story (1) Allow an ADU to be created from existing second-story space; (2) allow an ADU as a second-story addition, but not above an attached garage; and (3) allow an ADU above a detached garage on a property with an existing/proposed 2-story home (not to exceed 24’ in height, see above) 11 Second Story Stairwell Exterior staircases are required to be enclosed, skylights allowed. 12 Second Story Windows All second-story windows less than 8 feet from interior property lines shall be clerestory with the bottom of the glass at least 6 feet above the ﬁnished ﬂoor. 13 Single Story Windows All ﬁrst-story windows less than 8 feet from interior property lines shall be clerestory with the bottom of the glass at least 6 feet above the ﬁnished ﬂoor. 14 Bathroom Windows All bathroom windows to be obscured glass. Page 15August 8, 2019 at 9:36 PM Site Examples EXAMPLES OF ADU TYPES August 13, 2019 at 11:42 AM SAMPLE PLANS FOR ADUS Page 16 August 13, 2019 at 11:44 AM 550 sqft 900 sqft IT’S THE LAW Changes in State Law Affect ADUs There have been several changes recently in the regulations for ADUs, as a result of recent changes to the California law governing this type of housing. The new state standards remove some of the barriers to building ADUs by revising parking requirements, deleting the requirement for ﬁre sprinklers in some cases, and recognizing conversions of existing structures into ADUs. Throughout this document our proposed standards reﬂect changes in the law. This page acts as a quick reference to both proposed and newly passed legislative rulings, although by no means a complete list. The following pages contain a brief synopsis of adopted and proposed state laws. JADU: AB 2406 (Adopted) added Government Code Section 65852.22, providing a unique option for Junior ADUs. SB 1226 (Bates), adds Section 17958.12 (Adopted) For ADUs that were constructed without building permits, local building ofﬁcials now have the option to inspect an ADU and apply the building standards that were in effect at the time the unit was constructed. S.B. 1069 (Chapter 720, Statutes of 2016) (Adopted) reduces parking requirements, fees and authorizes ministerial approval. AB 2299 (Blom) (Chapter 735, Statutes of 2016) (Adopted) ministerial approval. Page 17August 13, 2019 at 11:44 AM IT’S THE LAW AB-68- passed committee. Delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. Reduces approval/denial time window to 60 days from existing 120 days. Must permit an accessory dwelling of 800 sqft or greater that is 16 feet in height with 4-foot side and rear yard setbacks. Prohibit the imposition of limits on lot coverage, ﬂoor area ratio, open space, and minimum lot size if they prohibit the construction of an accessory dwelling unit. Allow 1 ADU & 1 JADU if following are met. Allow HDU (Housing and Community Development) to submit written ﬁndings to local agencies on the local ADU law and notify the Attorney General that the local agency is in violation of state law if the local agency does not Amend its ordinance or adopt a resolution with speciﬁed ﬁndings. ADU cannot get certiﬁcate of occupancy even if primary house is not issued certiﬁcate of occupancy. Cities with out JADU ordinance shall follow standards in this bill for JADU. Cities & school districts will be reimbursed for new costs resulted due to mandate from state. Page 18August 13, 2019 at 12:07 PM Changes in State Law Affect ADUs (cont) IT’S THE LAW AB-881: in committee Local Agencies cannot impose owner occupancy requirement until January 1st 2025. Close any loop holes which allow local agencies to interpret the ADU law , by deﬁning public transit, accessory structure. No reimbursement is required by this act for costs due to state mandate. AB-1585: ﬁrst reading Establish affordable housing zoning board to streamline process of approving affordable housing. AB-670: third reading Voids any deed, contract, security instrument or other instrument effectively prohibits or unreasonably restricts the construction or use of an ADU or JDU. SB-13: refer to committee before passing Prohibits local agencies from requiring replacement of garages, car ports , if they are demolished to build an ADU. Minimum square feet for attached or detached accessory dwelling is 850 sqft & 1,000 sqft if the accessory dwelling unit contains more than one bedroom. ADU may be attached to, or located within, an attached garage, storage area, or other structure. Prohibit a local agency from requiring occupancy of either the primary or the accessory dwelling unit. Reduces approval/denial time window to 60 days from existing 120 days. Page 19August 13, 2019 at 12:07 PM Changes in State Law Affect ADUs (cont) IT’S THE LAW Deﬁnes ”accessory structure” to mean a structure that is accessory and incidental to a dwelling located on the same lot. Allow HDU to submit written ﬁndings to local agencies on the local ADU law and notify the Attorney General that the local agency is in violation of state law if the local agency does not amend its ordinance or adopt a resolution with speciﬁed ﬁndings. Local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing in accordance with those provisions. Request that the enforcement of the violation be delayed for 5 years if correcting the violation is not necessary to protect health and safety. Local Agencies cannot impose owner occupancy requirement for 5 years. No reimbursement is required by this act for costs due to state mandate. AB-1074: in committee Establish the Accessory Dwelling Unit Construction Program, moneys in the construction fund are continuously appropriated to the department for purposes of providing loans to homeowners to ﬁnance the construction of accessory dwelling units. AB-69: in committee Establish small building standards to govern accessory dwelling units smaller than 800 sqft on or before January 1st 2021. Intent is to ease building standards for ADUs smaller than 800 sqft. Page 20August 13, 2019 at 12:07 PM Changes in State Law Affect ADUs (cont) IT’S THE LAW AB-671: in committee Primarily deals with low house income, The only reference to ADU is as follows Local agencies should have a plan to incentivize and promotes the creation of accessory dwelling units that can be offered at affordable rent for very low, low or moderate-income households in its housing element. Page 21August 13, 2019 at 12:07 PM Changes in State Law Affect ADUs (cont) TENANT AND LODGER LAW What Is The Difference Between a Tenant and a Lodger? By Christopher Coble, Esq. on March 31, 2015 10:53 AM You're a landlord. You let someone rent your house or a room in your house. Is he a tenant or a lodger? Is there a difference? The rights and responsibilities of a landlord are many. However, if you don't know the difference between a tenant and a lodger, you may be getting yourself into legal hot water or creating unnecessary headaches for yourself. So, what's the difference between a tenant and a lodger? Why does it matter? Tenant The laws and deﬁnitions of tenant and lodger may vary among states. Generally, a tenant is the person who rents an apartment, house, duplex, condominium, or the shed in your backyard. As long as the person lives there for a set rental period, pays rent, and has exclusive right to the rental unit during a lease term, that person is a tenant. Lodger If you live in a house, and you rent a room in that same house to another person, that person is a lodger. You have to live in the house with the person the entire time for him to be a lodger. For example, you rent a room in an empty house to somebody. He is considered to be a tenant. You later move into another room in that house. Even though you own the house, the tenant is still a tenant. He does not become a lodger. However the opposite is not true. You rent a room in the house you're living in to a lodger. You move out of the house, but the person is still Page 22August 13, 2019 at 12:07 PM TENANT AND LODGER LAW CONTINUED renting a room there. That person now becomes a tenant, with the rights and responsibilities of a tenant. Why Does It Matter? Tenant If you want to get rid of a tenant, you must go through the formal eviction process. You must ﬁrst give notice. If the tenant does not leave at that point, you must wait for the notice to expire, then ﬁle a lawsuit for eviction. If you win your suit and the tenant still does not leave, you must then get the sheriff's ofﬁce to enforce the eviction order. This can take months and cost you a lot of money. But don't try to just kick your tenant out, they have rights too. The tenant may sue for trespass, wrongful eviction, assault, battery, etc. If the tenant sues successfully, you may be required to reimburse him for temporary housing or even pay monetary penalties of two or three months rent. Lodger Unlike evicting a tenant, getting rid of a lodger is much easier. You don't have to go through the rigmarole of eviction. You only need to give notice one billing cycle before you want him to leave. So if your lodger pays rent every 30 days, you must give 30 days' notice. At the end of the notice period, if the lodger does not leave, he becomes a trespasser. You can then call the police to remove him as a trespasser. Easy right? So while the terms tenant and lodger may sound similar, it is important to distinguish between the two to make sure you are fulﬁlling your duties as a landlord. Check with your state's laws to see if there are more speciﬁc deﬁnitions or requirements. Page 23August 13, 2019 at 12:07 PM STACC TEAM MEMBERS Team Members: Maggie Desmond Area 7 Rebecca Yates Area 11 Gail & Jim Miller Area 9 Shirley Chan Area 4 Jo-Ann Fairbanks Area 10 Audrey Kiehtreiber Area 4 Barbara Robinson Area 6 Raja Pallela Area 7 Team Readers: Ellen Paige Dorsa Area 4 Harry Greenwood Area 9 John Carcich Area 9 Lalit Merani Area 4 Joanne Carroll Area 4 Page 24August 13, 2019 at 12:08 PM