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2019-09-24 (Planning Commission Staff Report)ITEM NO. 2 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ September 24, 2019 PLN2017-375 Zoning Code Amendment Public Hearing to consider a City-initiated Zoning Code Amendment (PLN2017-375) to amend Titles 18, 20, and 21 of the Campbell Municipal Code pertaining to the permitting, construction, affordability, and usage of accessory dwelling units (ADU), an Amendment to the Campbell Village Neighborhood Plan and a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards. STAFF RECOMMENDATION That the Planning Commission take the following actions: 1.Adopt a Resolution (reference Attachment 1), recommending that the City Council adoptan ordinance to amend Titles 18, 20, and 21 of the Campbell Municipal Code pertaining tothe permitting, construction, affordability, and usage of accessory dwelling units; 2.Adopt a Resolution (reference Attachment 2), recommending that the City Council adopt an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference theproposed City-wide ADU standards; and 3.Adopt a Resolution (reference Attachment 3), recommending that the City Council adopt a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference to the proposed City-wide ADU standards. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find these actions 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 accessory dwelling units. BACKGROUND ADU History: Accessory dwelling units (ADU)—previously termed secondary dwelling units—have been allowed since the 1982 adoption of the Mello Act. The current regulatory environment was established with the passage Senate Bill (SB) 1069 and Assembly Bill (AB) 2299 in September 2016. This far-reaching legislative package required local jurisdictions to adopt new ADU provisions to ease parking requirements, increase unit sizes, remove fire sprinkler requirements, and simplify garage conversions. The City Council adopted Ordinance No. 2216 on December 16, 2016 to incorporate new Chapter 21.23 (Accessory Dwelling Units) consistent with State law. A second round of legislation (SB 229 and AB 494) was signed into law in October 2017 that clarified and further eased requirements for construction of ADUs. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 2 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance Updates Process: In response to the 2017 legislation, as well as an October 17, 2017 City Council appeal hearing pertaining to a proposed "garage conversion" on Capri Drive that brought to light an inconsistency between the City's ordinance and State law, staff was directed to prepare a minor update to make the necessary corrections and revisions. Although the Council's intent was to make minor adjustments for consistency with State law, over time this process evolved to encompass a comprehensive update intended to ease the restrictions on ADUs. This represented a significant policy shift to the City's approach to ADUs. Historically, Campbell has not encouraged ADUs, as most evidenced by the current 10,000 square-foot minimum lot size. Just five years ago, the City Council at its August 19, 2014 Housing Element Study Session decided not to incorporate a program that would have required a reduction to the minimum lot size. However, the last two years have revealed a tidal shift in public opinion on ADUs, which are now seen as a vital element to solving the State's housing crisis. The following is a chronology of the public meetings held over the last three years: •February 13, 2018: A narrowly tailored ordinance update was presented to the Planning Commission based on the Council's direction. Many residents offered testimony regarding the need to reduce the minimum lot size. Some felt it should be reduced to8,000 square-feet while others felt it should be reduced even lower. The Commissionasked staff to research the ADU policies of other area cities so they could understand how neighboring communities addressed the issue. •June 5, 2018: At the Council's direction, a hearing was held so that specific guidancecould be provided to the Planning Commission on the minimum lot size. The Council indicated that the 10,000 square-foot minimum lot size was too high, with some Council Members commenting that no minimum should considered. The Council also asked to look at other variables such as unit size and open space. However, no specific directionwas provided leaving staff with the responsibility of researching how best to address theminimum lot size and related standards. •November 27, 2018: Staff presented a comprehensive rewrite of the ADU ordinance to the Planning Commission. In response to public comment and Commission questions atthe meeting, the public hearing was continued so that staff could conduct research on various development standards (e.g., setbacks, 2nd-story ADUs, etc.), an alternate affordable housing incentive, and Junior ADUs. •March 12 & 26, 2019: The Planning Commission held study sessions on the ADUordinance update. The Commission considered a wide array of questions including minimum lot size, maximum ADU size, setbacks, height, etc. At the conclusion of the study session, the Planning Commission came to a consensus for the parameters of the new ordinance (reference Attachment 4 – Discussion Summary). •April 24, 2019: The Historic Preservation Board discussed special standards for ADUs located on historic properties. Although the Board does not have a formal role in preparation of the draft ADU ordinance, staff requested the Board's input to developthese standards in order to aid the Planning Commission's deliberation. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 3 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance •May 7, 2019: The City Council initiated a General Plan amendment to modify the San Tomas Area Neighborhood Plan to incorporate by reference standards for accessory dwelling units with the intent to establish uniform citywide ADU standards, if desired.However, the Council's action provided flexibility to the Planning Commission torecommend neighborhood-specific standards. •August 13, 2019: The San Tomas Area Community Coalition (STACC) gave a specialpresentation on proposed standards for ADUs within the San Tomas Area. After thepresentation and hearing public comment, the Planning Commission directed staff to proceed with an ordinance that provided for City-wide ADU standards rather than neighborhood-specific standards. Despite the various meetings held over the last three years, the City has continued to receive permit applications for new ADUs as governed under current regulations. Since the beginning of this year, 11 permit applications have been submitted. This is an increase from eight applications submitted in 2018. DISCUSSION ADU Standards: The following is a summary of the development standards contained in the draft ADU ordinance consistent with the Planning Commission's direction (reference Attachment 5). Amendments to the Campbell Village and San Tomas Area Neighborhood Plans would make reference to the ADU ordinance so that there is City-wide uniformity. •Minimum Lot Size: The current 10,000 square-foot minimum lot size would be eliminated 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 one detached single-family dwelling (i.e., not townhomes, duplexes, etc.) as the property's"primary dwelling". •Maximum ADU Size: ADUs would be allowed up to the State maximum of 1,200 square-feet, as restricted by the applicable Floor Area Ratio (FAR) and Lot Coveragemaximums and the property's minimum open space requirement. This limitation would include the ADU's living area and unconditioned basements and other rooms, but not attached garages which would be allowed without any specific limitation. Additionally, ADUs physically connected to the main house could not exceed 50% of the primary living area as required by State law. •Setbacks: Instead of being subject to the setback standards applicable to the main house, ADUs would now only need to comply with a 5-foot (or one-half the wall height) setback for interior-side and rear property lines. The front-yard setback for the main house (20 to25-feet) and a 12-foot street-side setback would continue to apply to ADUs. •Building Separation: An ADU would now need to only be 10-feet behind the main house and/or 5-feet to side of it. Currently, the separation distance is equal to the wall height of the taller of the two structures, which for a two-story house is approximately20-feet. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 4 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance •Placement: There would be no restriction on the placement of an ADU other than the applicable setbacks and building separation. It may be located in front, to the side, or the rear of the main house. •Height/Number of Stories: An ADU may be up to two stories if the main house is also two stories. Whether one story or two stories, the ADU could not exceed the height of the main house. •Allowable Zoning Districts: As required by State law ADUs would be allowed in all residential zoning districts, as well as the P-D (Planned Development) Zoning District with a corresponding residential General Plan land use designation. •Parking: One parking space per ADU would be required, allowing for various exceptions as specified by State law. Additionally, the ordinance would clarify that the parking requirement may be satisfied through an existing or new driveway. •Design Requirements: An ADU located in front of or to the side of the main housewould need to maintain design compatibility (e.g., same materials, predominant roof forms, etc. as the main house). An ADU located behind the main house could be designed however the homeowner wished. •Privacy: To minimize privacy impacts, all second-story windows less than eight feet from rear and interior-side property lines would need to be clerestory with the bottom of the glass at least six feet above the finished floor. Additionally, balconies, second-story decks, and rooftop terraces would be prohibited. •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 addressthis allowance, a new exception to setbacks provision would clearly indicate that the useof "existing space" means to remodel a structure, not to reconstruct it so that it constitutes a new building. 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. Junior ADUs: Junior ADUs (JADU) are quasi-independent living units created from a bedroom within an existing residence. A JADU is differentiated from an ADU by the lack of a private bathroom, a 500 square-foot size maximum, a kitchenette rather than a standard kitchen, and no parking requirement. JADUs would be allowed in addition to an ADU on the same property. However, a property would need to be at least 6,000 square-feet to allow both an ADU and JADU. A property less than 6,000 square-feet could have either an ADU or JADU, but not both. Historic Properties: Based on the Historic Preservation Board's feedback, properties listed on the Historic Resource Inventory would be subject to special provisions intended to protect the integrity of historic resources. This includes allowing only detached and interior ADUs, requiring ADUs to be placed behind the main house, and limiting ADUs to one-story/14-feet. However, homeowners may apply for a "Zoning Exception" (a type of Variance for historic properties) that would allow case-by-case by flexibility to these standards. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 5 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance Rental Limitations: Currently, ADUs are subject to a rental limitation that requires leases of more than 30 days and specifically prohibits short-term rentals (e.g., Airbnb). However, on the advice of the City Attorney, this restriction would be increased to prohibit leases less than one year. The intent is to ensure that any occupants are not classified as "transients". Without such a restriction, it is extremely difficult for the City to restrict rehabilitation facilities from renting out ADUs and homes, as one of the primary distinctions is their "transient" nature. Owner-Occupancy: Currently and as proposed, a homeowner may only rent either the primary dwelling or the ADU at any given time. The other dwelling unit must either be owner-occupied or remain unoccupied. The intent of this restriction is to maintain an ADU as an accessory component of the primary residence. Below Market Rate (BMR) Incentive: To help satisfy the City's Regional Housing Need Allocation (RHNA) obligation, the draft ordinance would relieve a homeowner from the owner-occupancy restriction if they voluntary deed-restrict their ADU as an affordable housing unit limited to occupancy by an individual or household at the lower-income level. The non- revocable agreement would last for 15-years and reset if the property is sold during the 15 year period. A homeowner would also be entitled to an exemption from the $7,500 park impact fee. ADU Development Policy: To encourage greater production of ADUs, new single-family subdivisions with five or more units would need to make at least 20% of the units "ADU ready" such that the affected house(s) is designed to allow for logical segmentation of an accessory dwelling unit from the living area and pre-installation of utilities necessary to accommodate a future bathroom and kitchen for the ADU. Alternatively, a developer may opt to simply construct the ADU(s) to satisfy the 20% requirement. Master Development Plan: To further encourage ADUs by developers in new subdivision projects, the draft ordinance would allow a developer to propose less restrictive development standards for ADUs within the project, such as lesser setbacks or building separations or an increase to the allowed FAR. The proposed changes would need to be specifically identified on the project plans submitted to the City and approved by the City Council via ordinance. ANALYSIS Effect of Changes: Consistent with the intent of the State legislation, the draft ordinance will further facilitate construction of accessory dwelling units in the community: 1.Affordable Housing Incentive: By relieving a homeowner of the owner-occupancy restriction in exchange for an affordability obligation, 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 an individual orhousehold 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 $83,150 and $93,550 for a one- and two-bedroom ADU, respectively. The income limits are adjusted annually based on Santa Clara County's area median income (AMI). Based on this income-level, rent would be limitedto $1,481 and $1,682 per month for a one- and two-bedroom ADU, respectively, asadjusted annually based on HCD's annual AMI calculations. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 6 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance 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 ($17,652 annually) or minimum wage ($24,960 annually), which should generally allow occupancy by elderly parents or recently graduated adult children. As such, the affordability restriction should not overly discourage homeowners who wish to rent to a family member(s). This approach has the following advantages: •Is entirely voluntary without imposition of a new restriction(s); •May be requested by a homeowner any time, not just at time of building permitissuance, allowing greater flexibility; •Can be applied to existing and future ADUs; and •Would be more financially viable since the market-rate rent of the primary dwellingwould effectively subsidize the affordable BMR rent for the ADU. 2.Setback Reduction: Relaxing the side and rear setback standards will most significantly affect the San Tomas Area. Reducing the 20- to 25-foot rear setbacks and 8- to 10-foot side setbacks down to 5 feet will substantially increase the buildable area on a lot. Assuch, this neighborhood is likely to experience a greater proliferation of ADUs ascompared to the City's other neighborhoods that have not been as restricted. The changes would affect to the Campbell Village neighborhood to a lesser extent, by reducing the 10- foot rear ADU setback to 5-feet. 3.Accessory Structure Conversions. The ability of homeowners to convert lawfullyconstructed 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. 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 be possible 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-sidesetback. 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 coveredspace and one uncovered space not located within a setback) in order to be eligible to construct an ADU will eliminate an existing barrier for homeowners who only have a one-car garage. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 7 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance 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 ofan ADU. However, there are numerous P-D zoned properties 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 a Planned Development Permit process that requires City Council approval. 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 Amendment would further ease regulatory requirements consistent with State law. Additionally, the affordability incentive provision would result in the creation of BMR units consistent with Housing Element'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. 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. Staff Report ~ Planning Commission Meeting of September 24, 2019 Page 8 of 8 PLN2017-375 ~ Accessory Dwelling Unit Ordinance 3.The proposed amendment is internally consistent with other applicable provisions ofthis Zoning Code. In addition to revisions to Chapter 21.23 (Accessory Dwelling Ordinance), the proposedordinance 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 and social media accounts. Additionally, staff has maintained an email interest list of approximately 152 interested individuals and organizations who were informed of the public hearing. Emails for interested persons are included as Attachment 6. Attachments: 1. Draft Resolution (ADU Ordinance) 2. Draft Resolution (CVNP Amendment) 3. Draft Resolution (STANP Amendment) 4. PC Discussion Summary5.Draft City Council Ordinance 6.Emails Prepared by: Daniel Fama, Senior Planner Approved by: Paul Kermoyan, Community Development Director RESOLUTION NO. 45__ 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, and usage of accessory dwelling units and an Amendment to the Campbell Village Neighborhood Plan and a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards. 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 proposed Zoning Code Amendment 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. Attachment 1 Planning Commission Resolution No. 45__ PLN2017-375 – Recommending Approval a Zoning Code Amendment Page 2 5. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 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 24th day of September, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Andrew Rivlin, Chair ATTEST: Paul Kermoyan, Secretary EXHIBIT A (DRAFT ORDINANCE) PLACEHOLDER RESOLUTION NO. 44__ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT TO THE CAMPBELL VILLAGE NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE TO THE PROPOSED CITY-WIDE ADU STANDARDS. 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, and usage of accessory dwelling units and an Amendment to the Campbell Village Neighborhood Plan and a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards. 2.The proposed Area Plan 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 Area Plan Amendment 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 governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Attachment 2 Planning Commission Resolution No. 45__ PLN2017-375 – Recommending Approval a Neighborhood Plan Amendment Page 2 6.Review and adoption of this Area Plan 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; and 3.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 an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards, by renaming and replacing Land Use Standard Section D.6 (Setbacks for Detached Accessory Structures and Dwelling Units); amending Land Use Standard Section D.7 (Exceptions to Rear Setbacks); and renaming and amending Land Use Standard Section D.8 (Building Heights for Accessory Structures and Accessory Dwelling Units), as follows: •Land Use Standard Section D.6 (Setbacks for Detached Accessory Structures and Dwelling Units) is renamed and replaced to read as: 6.Accessory Structures and Accessory Dwelling Units Accessory structures shall be permitted in accordance with Section 21.36.020 of the Campbell Municipal Code. Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell Municipal Code. •Land Use Standard Section D.7 (Exceptions to Rear Setbacks) is amended to delete the text identified with a strikeout, as follows: 7.Exceptions to Rear Setbacks The community development director may approve a minimum rear setback of five feet or ½ the building wall height on all corner lots or when the parcel is determined to be oddly configured rendering the lot depth substandard in length, for: •Primary dwelling units •Accessory dwelling units •Accessory structures Planning Commission Resolution No. 45__ PLN2017-375 – Recommending Approval a Neighborhood Plan Amendment Page 3 •Land Use Section D.8 (Building Heights for Accessory Structures and Accessory Dwelling Units) is renamed and amended to delete the text identified with a strikeout, as follows: 8.Building Heights for Accessory Structures and Accessory Dwelling Units The maximum building height for an accessory structure in the R-1-6 or R-1-8 zoning district shall be 14-feet. The maximum height for a detached accessory dwelling unit in the R-1-6 or R-1-8 zoning district shall be 16-feet. Both height measurements shall be measured from finished grade. PASSED AND ADOPTED this 24th day of September, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Andrew Rivlin, Chair ATTEST: Paul Kermoyan, Secretary RESOLUTION NO. 44__ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT A GENERAL PLAN AMENDMENT TO THE SAN TOMAS AREA NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE TO THE PROPOSED CITY-WIDE ADU STANDARDS. 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, and usage of accessory dwelling units and an Amendment to the Campbell Village Neighborhood Plan and a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards. 2.The City of Campbell General Plan was adopted by the City Council on November 6, 2001, by approval of Resolution No. 9950. 3.The San Tomas Area Neighborhood Plan is incorporated into the Campbell General Plan within Appendix A1. Any amendment to the San Tomas Area Neighborhood Plan, therefore, requires approval of a General Plan Amendment. 4.Pursuant to Campbell Municipal Code Section 21.60.020.A, only the City Council may initiate a General Plan Amendment. 5.On May 7, 2019, the City Council voted to initiate a General Plan Amendment to modify the San Tomas Area Neighborhood Plan (STANP) to incorporate by reference standards for accessory dwelling units ( ADUs) with an amendment to add the clarifying language stating with the intent of establishing uniform Citywide ADU standard if desired. 6.On August 13, 2019 the Planning Commission heard a special presentation from the San Tomas Area Community Coalition (STACC) regarding proposed standards for ADUs within the San Tomas Area. After the presentation and hearing public comment, the Planning Commission directed staff to proceed with an ordinance that provided for City-wide ADU standards rather than neighborhood-specific standards. 7.The proposed General Plan 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 Attachment 3 Planning Commission Resolution No. 45__ PLN2017-375 – Recommending Approval a General Plan Amendment Page 2 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. 8.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 9.The proposed General Plan Amendment 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. 10. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 11. Review and adoption of this General Plan 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 internally 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.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 a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards, by amending Land Use Policy 'A' (Relationship to Municipal Code) and adding a new Land Use Policy 'I-a' (Accessory Dwelling Units), as follows: Planning Commission Resolution No. 45__ PLN2017-375 – Recommending Approval a General Plan Amendment Page 3 •Land Use Policy 'A' (Relationship to Municipal Code) is amended to delete the text identified with a strikeout and add the text identified with an underline, as follows: A. Relationship to Municipal Code Development standards stated in Title 21 of the Campbell Municipal Code that are not specified in this section shall remain applicable. Except as otherwise provided, In the case of where a conflict between the San Tomas Area Neighborhood Plan and Title 21 of the Campbell Municipal Code occurs, the standards contained herein shall prevail. •A new Land Use Policy 'I-a' (Accessory Dwelling Units) is added between Land Use Policy 'I' (Accessory Buildings) and 'J' (Landscaping), as follows: I-a. Accessory Dwelling Units Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell Municipal Code, which shall prevail over any provision to the contrary contained within the San Tomas Neighborhood Plan. PASSED AND ADOPTED this 24th day of September, 2019, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Andrew Rivlin, Chair ATTEST: Paul Kermoyan, Secretary ADU PLANNING COMMISSION STUDY SESSION SUMMARY (MARCH 26, 2019) •Minimum Lot Size: No minimum lot size. •Maximum ADU Size: Up to the State maximum of 1,200 SF, as restricted by the FAR/Lot Coverage maximums (and not to exceed 50% of the living area of the primary dwelling unit for an attached/interior ADU, per State law). •Primary Unit Type: Allowed only in association with detached single-family homes. •Placement: No restriction; may be in front, to the side, or the rear of the main house, subject to design standards, as noted below. •Setbacks/Building Separation: Property Line Setbacks Front The same standard as for the primary dwelling unit Interior Side (each) 5 feet Street Side 12 feet Rear 5 feet Separation from Primary Dwelling Unit If located behind the primary dwelling unit 10 feet If located to the side of the primary dwelling unit 5 feet •Garage Size Limit: No limit (other than restricted by the FAR/Lot Coverage maximums). •Maximum Height: Not exceed the height/# of stories of the main home. •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 the height of the house). Exterior stairway to the ADU will be required. •Design Requirement: Require design consistency with the main house only if the ADU is located in front of or to the side of the main house. Also include privacy requirement for 2-story ADUs. •Parking: One parking space per ADU, the maximum allowed by State law (main home does not need to be parking compliant). •Junior ADUs: Allow both a JADU and ADU on the same property. •Owner Occupancy: Maintain an owner occupancy requirement. •BMR Incentive: No clear resolution. •ADU Development Policy: Require subdivisions with 5+ homes to include 20% of the units as “ADU-ready”. Attachment 4 Page 1 of 19 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 AND JUNIOR ACCESSORY DWELLING UNITS. 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 provisions of Senate Bill 229 (Wieckowski) and Assembly Bills 494 (Bloom) and 2406 (Thurmond), 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 and junior 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 5 Page 2 of 21 CHAPTER 21.23 (ACCESSORY DWELLING UNITS) 21.23.010 - Purpose This Chapter provides for the establishment of accessory dwelling units and junior 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 and junior 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 One accessory dwelling unit and one junior 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 lawfully constructed primary dwelling unit or that will be developed with a primary dwelling unit in conjunction with the creation of an accessory dwelling unit. For the purposes of this Chapter, a primary dwelling unit shall only include a proposed or existing detached single-family dwelling. An accessory dwelling unit may not be constructed on a parcel without a lawfully constructed 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. C. Minimum lot area. No minimum lot area is required for creation of an accessory dwelling unit or junior accessory dwelling unit. However, a parcel with a net lot area of six thousand square feet or greater (inclusive of any public or private easements except for easements that establish a private or public street) shall be required for creation of both an accessory dwelling unit and a junior accessory dwelling unit on the same parcel. The community development director may require preparation of a boundary survey to verify the parcel size. D. 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 Page 3 of 21 parcel was created. The City Engineer may require a certificate of compliance to verify conformance to this requirement. 21.23.030 - Accessory Dwelling Unit 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 may be located in front of, to the side of, or behind the primary dwelling unit. C. Private open space. Creation of an accessory dwelling unit shall not reduce the required 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 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. 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 (1) Interior and Attached ADUs(1) Property Line Setbacks Front The same standard as for the primary dwelling unit The same standard as for the primary dwelling unit Interior Sides 5 feet or one-half the building wall height, whichever is greater (2) Rear Street Side 12 feet Separation from Primary Dwelling Unit If located in front of the primary dwelling unit 10 feet Not applicable If located behind the primary dwelling unit Page 4 of 21 If located to the side of the primary dwelling unit 5 feet Separation from Accessory Structure(s) If located in front of the accessory structure 10 feet As specified by Section 21.36.020 (Accessory structures) If located behind the accessory structure If located to the side of the accessory structure 5 feet Exceptions: (1) No setback shall be required for an existing garage that is converted (in whole or in part) to an accessory dwelling unit, nor for an accessory dwelling unit created within the existing space of an accessory structure other than a garage or within the existing space of a primary dwelling unit 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). (2) An accessory dwelling unit that is constructed above a garage shall only require a setback of 5-feet from the rear and side property lines. 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. The maximum floorspace for a detached accessory dwelling unit and the maximum living area for an attached or interior accessory dwelling unit shall be 1,200 square feet, subject to the applicable maximum floor area ratio and maximum lot coverage. However, in no case shall the living area for an attached or interior accessory dwelling unit exceed fifty percent (50%) of the living area of the primary dwelling unit. H. Allowable rooms. An accessory dwelling unit shall be limited to a maximum of two bathrooms and two bedrooms (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 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). No other rooms or closets larger than 120 square feet shall be permitted unless they are fully interior within the accessory dwelling unit without any exterior walls from which windows could be created. I. Maximum height and stories. An accessory dwelling unit shall conform with the following height maximums: 1. Detached accessory dwelling units. Detached accessory dwelling units shall be permitted up to two stories if the primary dwelling is also two stories. Whether one story or two stories, the building height of the detached accessory dwelling unit shall not exceed the building height of the primary Page 5 of 21 dwelling unit. A two-story detached accessory dwelling may consist of two levels of living area or one level of living area above a detached garage (with or without ground floor living area). 2.Attached accessory dwelling units. Attached accessory dwelling units may be constructed on the first floor of, or as a second floor to, the lawfully constructed primary dwelling unit, except that it shall not be constructed above any portion of an attached garage. 3.Interior accessory dwelling units. Interior accessory dwelling units may be created from the existing space of the lawfully constructed primary dwelling unit, including within its garage, basement, first story, or second story, irrespective of existing building height. 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 asspecified by Table 3-1(d), below: 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 this table, shall be required for a detached accessory dwelling unit that is contained within the existing space of an accessory structure. Further, no "required parking" or "replacement parking" 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 shallsatisfy 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. Page 6 of 21 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. The design of accessory dwelling units shall conform with the following standards: 1. Detached accessory dwelling units. Detached accessory dwelling units, if not entirely located behind the primary dwelling unit, shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and roof pitch. 2. Attached accessory dwelling units. Attached accessory dwelling units shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and roof pitch. 3. Interior accessory dwelling units. 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. L. Windows. All second-story windows less than eight feet from rear and interior- side property lines shall be clerestory with the bottom of the glass at least six feet above the finished floor. M. Balconies/Decks. Balconies, second-story decks, and rooftop terraces are prohibited for all accessory dwelling units. N. Entrances. All accessory dwelling units shall include exterior access that is independent from the primary dwelling unit. For an accessory dwelling unit located entirely on a second story, this shall require a separate interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required by the City. Page 7 of 21 O. 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. 21.23.040 - Junior Accessory Dwelling Unit Development Standards A junior accessory dwelling unit shall be constructed only in accordance with the following development standards: A. Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area. B. Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing lawfully constructed primary dwelling unit and shall utilize one of the existing lawfully constructed bedrooms. C. Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with the minimum criteria: 1. A sink with a maximum waste line diameter of one and one-half inches. 2. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. 3. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. D. Bathroom. Bathroom facilities may be separate from or shared with the primary dwelling unit. E. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the primary dwelling unit, with an interior entry into the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation. F. Parking. No parking shall be required for a junior accessory dwelling unit. 21.23.050 – Special Provisions for Historic Properties The following requirements and restrictions apply to creation of accessory dwelling units on properties listed on the historic resource inventory, and shall supersede any provision to the contrary within this Chapter. A. Type. Only detached and interior accessory dwelling units shall be permitted. B. Placement. A detached accessory dwelling unit shall be placed behind the primary dwelling unit and be located on the rear half of the lot. Page 8 of 21 C. Height. A detached accessory dwelling unit shall be a maximum of fourteen feet in height and not exceed one story. D. Design. The design of the detached accessory dwelling unit shall maintain the appearance of the primary dwelling unit, by using similar wall cladding, trim detail, roofing material, building color(s), window frames/trim and divisions, and the predominant roof form and roof pitch. E. Exception: Variations from these provisions may be granted in compliance with Section 21.33.150.B.2 (Zoning exception), upon finding by the Planning Commission, with recommendation by the Historic Preservation Board, that the variation would not adversely impact the historic resource. 21.23.060 – General Requirements and Restrictions The following requirements and restrictions apply to all existing and new accessory dwelling units and junior accessory dwelling units, as applicable: A. Short-Term rentals. Leases for durations of less than one year, including short-term rentals are prohibited. The community development director shall require recordation of a deed restriction documenting this restriction. B. Owner-Occupancy. No more than one dwelling unit on the parcel shall be leased or otherwise rented, except for a parcel subject to a voluntary affordability covenant pursuant to Section 21.23.070, which shall be granted an exemption from this restriction. C. 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 or junior 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 prior to issuance of a building permit. D. Park impact fee. A fee in-lieu of parkland dedication land for an accessory dwelling unit 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 21.23.070, which shall be granted an exemption from this fee. E. Building code. Accessory dwelling units and junior 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. Page 9 of 21 21.23.070 – 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 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, excluding junior accessory dwelling units. C. Incentive. A property owner that voluntary executes an affordability covenant in compliance with this section shall be granted relief from the owner-occupancy restriction specified by Section 21.23.060.B, such that both the primary dwelling unit and accessory dwelling unit may be rented concurrently. An exemption from the park in-lieu fee shall also be granted, as specified by Section 21.23.060.D. D. Affordability covenant. To exercise the incentive provided by this section, an affordability covenant shall be recorded against the subject parcel, which 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 fifteen (15) 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 fifteen (15) years. E. Timing. Renting of more than one dwelling unit shall not commence until the property owner has recorded the affordability covenant. F. Eligible household. No household shall be permitted to begin occupancy of the dwelling unit to be offered at an affordable rent unless the City or its designee has approved the household's eligibility. 21.23.080 – Approval Process The City shall issue a ministerial building permit for an accessory dwelling unit or junior 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, physical expansion of an existing primary dwelling unit (i.e., addition) 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. Page 10 of 21 21.23.090 – Development Policy A single-family residential subdivision resulting in five or more parcels, exclusive of commonly-held parcels, shall be subject to the following requirement. A. Requirement: Twenty percent (20%) of the parcels shall be developed with a primary dwelling unit that is designed to allow for future creation of an interior accessory dwelling unit. This shall be accomplished through a floor plan configuration that allows for logical segmentation of an accessory dwelling unit from the existing living area and pre-installation of electrical, natural gas, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an accessory dwelling unit. B. Alternative: In-lieu of the aforementioned requirement, twenty percent (20%) of the parcels may be developed with an accessory dwelling unit, to be constructed concurrently with the primary dwelling units. C. Implementation. Conditions to carry out the requirement of this section shall be imposed on approval of the tentative map if a land use permit(s) for the creation primary dwelling units is not required. If a land use permit(s) for the creation of primary dwelling units is required in association with a tentative map, the applicant shall demonstrate compliance prior to the application being accepted as complete pursuant to Section 21.38.040. 21.23.100 – Master Development Plan Less restrictive development standards than imposed by this Chapter may be applied to a particular development proposal within the P-D (Planned Development) Zoning District and may be approved if the proposed development standards are depicted on a master plan of development as specified by Section 21.12.030.H.4.e. To grant such modification(s), the City Council shall render its decision on a planned development permit application by ordinance. 21.23.110 – 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 Page 11 of 21 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 (asdefined herein). 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). Page 12 of 21 "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 lawfully constructed 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 has received final building permit clearance prior to January 1, 2017 and which has not been expanded on or after January 1, 2017. "Junior accessory dwelling unit” means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "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 the living area, unconditioned basements, and any other unconditioned rooms, excluding attached garages. "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). Page 13 of 21 "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-1 Zoning District Permitted Uses: Campbell Municipal Code Section 21.08.030.B (Permitted uses in R-1 (Single-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-1 (Single-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; 3.Family child day care homes, small; 4.Garage/yard sales, private;5.Groundwater recharge facilities;6.Hobby car restoration; 7.Home occupations; 8.Junior accessory dwelling units; 8.9. Manufactured housing (subject to architectural requirements within theparameters of State Law);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 thanthree feet in diameter);13.14. Schools - K-12, public; 14.15. Single-family dwellings; 15.16. Supportive housing; 16.17. Transitional housing. 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; Page 14 of 21 7.8. Home occupations; 9. Junior accessory dwelling units; 8.10. Parks, public; 9.11. Residential care homes, small; 10.12. Residential service facilities, small; 11.13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 12.14. Schools - K-12, public; 13.15. Single-family dwellings; 14.16. Supportive housing; 15.17. 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; 9. Junior accessory dwelling units; 8.10. Parks, public; 9.11. Residential care homes, small; 10.12. Residential service facilities, small; 11.13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 12.14. Schools - K-12, public; 13.15. Single-family dwellings; 14.16. Supportive housing; 15.17. Transitional housing. 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): Page 15 of 21 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;9.Junior accessory dwelling units;8.10. Parks, public; 9.11. Residential care homes, small; 10.12. Residential service facilities, small; 11.13. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 12.14. Schools - K-12, public; 13.15. Single-family dwellings; 14.16. Supportive housing; 15.17. 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; 4.5. Family child day care homes, small; 5.6. Garage/yard sales, private; 6.7. Groundwater recharge facilities;7.8. Home occupations; 9.Junior accessory dwelling units; 8.10. Libraries, public; 9.11. Parks, public; 10.12. Residential care homes, small;11.13. Residential service facilities, small; 12.14. Satellite television or personal internet broadband dishes/antenna (less than three feet in diameter); 13.15. Schools - K-12, Public; 14.16. Single-family dwellings;15.17. Supportive housing; 16.18. Transitional housing. Page 16 of 21 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 beremoved. 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 exteriorwalls 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 WallLength) are removed, altered, filled in, or rebuilt. In no event shall new interiorwalls exceed more than seventy-five percent of the length of the existing interior walls as determined by the building official. 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 Page 17 of 21 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 willnot be detrimental to the public health, safety, or general welfare ofpersons 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 beadded to or enlarged as allowed under policy "E" of the San Tomasneighborhood 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. 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: 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 Page 18 of 21 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 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) Accessory dwelling units and junior accessory dwelling units are a residential use that are consistent with all residential general plan and zoning designations, and therefore, do not exceed the allowable density for the lot upon which they are located. SECTION 15: 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: Page 19 of 21 "Driveway" means a paved access way leading from a public right-of-way, or from the edge of an easement or property line forming a private street, to a parking lot, drive aisle, parking circulation area, garage, off-street parking space, or loading space. SECTION 16: Definitions of Building Height: The following definition is added to subsection B of Campbell Municipal Code section 21.72.020 between the definitions of "Bookstore" and "Building wall height" to read as follows, with underlining indicating new text: "Building Height" means the vertical distance from the lowest finished grade adjacent to the building to the building's highest roof surface. SECTION 17: 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 18: 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 19. 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. Page 20 of 21 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 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 for main structures 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. Page 21 of 21 SECTION 20: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this _____ day of ____________, 2019 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: ________________________ Richard M. Waterman, Mayor ATTEST: _______________________________ Wendy Wood, City Clerk 1 Daniel Fama From:Em <emm21@yahoo.com> Sent:Tuesday, August 13, 2019 7:23 PM To:Daniel Fama Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List Hi Daniel. Sorry I could not make tonight’s meeting. I’m supportive of the movement. Would you know how the stacc proposed ADU standards going to affect the ordinance being drafted? More specific, is there a chance “the parking requirement of the existing residence” can be swayed or changed from this stacc meeting? Sent from my iPhone Attachment 6 1 Daniel Fama From:Jan Stokley <jan@housingchoices.org> Sent:Thursday, September 05, 2019 1:59 PM To:Daniel Fama Subject:ADU owner-occupancy requirement Hi Daniel, I wonder where I could find the definition of owner-occupancy in the proposed ADU ordinance being considered in Campbell. Our organization, Housing Choices, works with families of adults with developmental disabilities, some of whom are exploring adding an ADU as a housing option for the adult with disabilities (or the parents or a caregiver while leaving the adult with disabilities a resident of the primary residence.) When the parents pass away or move to a senior retirement community, title to the real property will typically transfer to a special needs trust of which the adult with developmental disabilities is the beneficiary. We've asked other jurisdictions to examine their owner-occupancy requirement with this scenario in mind. We would like to see the following concept incorporated in the owner-occupancy requirement. It can be revised as your city attorney sees fit: "The owner-occupancy requirement shall be deemed satisfied if title to the real property is held by a trust whose beneficiary occupies either the primary residence or the ADU provided the beneficiary is a person with disabilities. " Thanks so much, Jan -- This e-mail message is intended only for the named recipient(s) above and is covered by the Electronic Communications Privacy Act 18 U.S.C. Section 2510-2521. This e-mail is confidential and may contain information that is privileged or exempt from disclosure under applicable law. If you have received this message in error please immediately notify the sender by return e-mail and delete this e-mail message from your computer. 1 Daniel Fama From:Krishna Mandava <kkman9ers@gmail.com> Sent:Thursday, September 05, 2019 12:26 PM To:Daniel Fama Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List Hi Daniel, Thank you for sending this update. Yes, please pass on to the planning commission that I would like to see the proposal accepted and move forward with next steps. Campbell being one of the last cities (if not the last) not having adopted the new ADU rules, we need to move forward with any reasonable proposal, instead of waiting for the perfect one. Thanks, Krishna 1 Daniel Fama From:Vikki Essert <vikkiessert@gmail.com> Sent:Wednesday, August 14, 2019 10:08 AM To:Paul Kermoyan; Daniel Fama Subject:STACC ADU proposal Good morning, I read the STACC ADU proposal and attended the meeting last night. I am glad the Commission seemed to be opposed to having a separate set of regulations for one neighborhood. It is wise to bear in mind that STACC does not speak for all the residents in San Tomas, let alone the City. This proposal has many elements which I consider an overreach and is overly prescriptive and restrictive. Below are some requests for the Staff to consider as you finalize your ADU proposal 1)Please do not include a requirement to enclose staircases. Enclosed staircases are dark and uninviting, expensive to build and maintain, and I think much less attractive than a decorative metal stairway. 2)It is not reasonable to require property to be owner occupied. Many rentals in Campbell are owned by the adult children whose parents have gone to assisted living or passed on and who have their own houses. There are plenty of regulations about rentals and property maintenance to protect the condition of the property. 3)Construction of a JADU should be at the discretion of the owner. What kind of rental agreement or living arrangements are between the parties involved, not for STACC to dictate. If an AirBNB type of business is a concern, ban short term rentals. This type of operation has exacerbated the housing market in many communities and defeats the purpose of adding lower cost housing, but JADUs provide flexibility to homeowners. 4)Requiring a particular orientation of the entrance of an ADU is also too prescriptive. The size and shape of the property, orientation of the primary residence and the preferences of the homeowner should determine the placement and orientation of an ADU. Many of STACC's recommendations are designed to protect surrounding neighbors to the detriment of the people living on the property. Lastly, for the record, I support a 5' rear setback. I would argue that 5' provides more privacy than 10' because if I am required to leave 10' open, I'm likely to add a patio at the fence line where people would congregate. With only 5', the patio area would be on the interior side of the building. I also support allowing ADUs above attached garages and keeping the building and permit fees and I think there should be a fairly lenient program for grandfathering in existing unpermitted ADUs. Thank you, Vikki Essert