2019-11-05 (City Council Staff Report)City
Council
Report
TITLE: 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
(Ordinance/Resolutions/Roll Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council take the following actions:
(1) introduce 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; (2) adopt a resolution approving an amendment to the Campbell Village
Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards;
and (3) adopt a resolution approving a General Plan Amendment to the San Tomas
Area Neighborhood Plan to incorporate by reference to the proposed City-wide ADU
standards.
ENVIRONMENTAL DETERMINATION
The Planning Commission recommends that the City Council 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.
DISCUSSION
Background: Approximately two years ago staff was tasked with preparing a minor
update to the City’s ADU ordinance for compliance with legislation adopted in 2017.
This process generated significant public interest and over time evolved to encompass
a comprehensive update that resulted in numerous hearings with the City Council,
Planning Commission, and Historic Preservation Board over the last two years.
The Planning Commission considered the updated ADU ordinance at its meeting of
September 24, 2019. The Commission also considered amendments to the San Tomas
Item: 9
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: November 5, 2019
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Area Neighborhood Plan and Campbell Village Neighborhood Plan in order to establish
City-wide uniformity of ADU standards. On a 4-0-2 vote (Commissioner Hines and Chair
Rivlin absent) the Commission adopted resolutions recommending approval of the draft
ordinance and an amendment to the San Tomas Area Neighborhood Plan.
However, since Commissioner Ostrowski was required to recuse from acting on the
Campbell Village Neighborhood Plan amendment due to her residency in the
neighborhood, the hearing was continued to October 8, 2019. At that meeting, the
Commission was able to adopt a resolution recommending approval of the Campbell
Village Neighborhood Plan amendment with the vote of Chair Rivlin (Commissioner
Hines had to recuse also due to his residency).
Planning Commission Summary: As discussed in the attached Planning Commission
staff report (reference Attachment 4), the proposed ordinance is a progressive effort to
encourage the production of ADUs in the community. It would reduce various barriers,
such as eliminating the 10,000 square-foot minimum lot size, allowing ADUs up to the
state maximum of 1,200 square feet irrespective of lot size, reducing side and rear
setbacks to 5-feet, and allowing 2-story ADUs. However, it would still maintain certain
standards for the protection of the community including design requirements for ADUs
not located in the back yard, privacy provisions, and require that parking that is lost due
to a “garage conversion” be replaced. The proposal was largely supported by the
community members who spoke at the meeting (reference Attachment 5 – Meeting
Minutes).
Alternative Ordinance: On October 9, 2019, the day after the last Planning Commission
meeting, Governor Newsom signed into law several bills affecting local regulation of
ADUs. This legislative package constitutes a significant shift in the regulation of
residential property and will become effective January 1, 2020. These laws are
summarizes by a press release provided by the Governor’s Office, as follows:
•AB 68 (Ting): Makes major changes to facilitate the development of more ADUs and
address barriers to building. The bill addresses lot size and ADU unit size minimums
and timelines for approval.
•AB 881 (Bloom): Removes impediments to ADU construction by restricting local
jurisdictions’ permitting criteria, clarifying that ADUs must receive streamlined
approval if constructed in existing garages, and eliminating local agencies’ ability to
require owner-occupancy for five years.
•AB 587 (Friedman): Provides a narrow exemption for affordable housing
organizations to sell deed-restricted land to eligible low-income homeowners.
•SB 13 (Wieckowski): Creates a tiered fee structure which charges ADUs more fairly
based on their size and location. The bill also addresses other barriers by lowering
the application approval timeframe, creating an avenue to get unpermitted ADUs up
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to code, and enhancing an enforcement mechanism allowing the state to ensure that
localities are following ADU statute.
•AB 671 (Friedman): Requires local governments’ housing plans to encourage
affordable ADU rentals and requires the state to develop a list of state grants and
financial incentives for affordable ADUs.
To address the State laws, an alternate to the Planning Commission’s recommended
ordinance has been prepared (reference Attachment 6 – Alternate Draft Ordinance).
Attachment 7 is a version of this alternate draft that highlights the text that has been
modified and/or added. Any text not highlighted is unchanged from the Planning
Commission’s recommendation. The following table also compares the main
differences:
ADU Standards PC Recommended Revised per State Law
Setbacks •5-ft (or ½ wall height) rear and side
setbacks.•4-ft rear and side setbacks.
Building Height •Cannot exceed the height of the
primary dwelling.
•Cannot exceed the height of
the primary dwelling, but with
a minimum allowable height
of 16-feet.
Number of stories •Up to 2-stories if the primary dwelling is
also 2-stories.•No change
JADUs
•JADU allowed in addition to an ADU.•No Change
•Must be created from an existing
bedroom within an existing primary
dwelling.
•JADU may be located within
an existing or new primary
dwelling or ADU.
Minimum Lot Size •No minimum lot size for ADUs, but
6,000 square-feet for JADUs.•No minimum lot size.
FAR/Lot Coverage •Must comply with the applicable zoning
district maximum.
•Exempt to the extent
necessary to allow an ADU
no larger than 800 square
feet.
Open Space •Must comply with the applicable zoning
district minimum.
•Exempt to the extent
necessary to allow an ADU
no larger than 800 square
feet.
ADU size
•Detached ADUs no larger than 1,200
square-feet.•No Change
•Attached/Interior ADUs up to 50% of
the primary dwelling’s living area, but
•Attached/Interior ADUs up to
50% of the primary
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ADU Standards PC Recommended Revised per State Law
no larger than 1,200 SF. dwelling’s living area without
a numeric maximum.
Replacement
Parking
•Stalls lost due to a “garage conversion”
must be replaced.
•Stalls do not need to be
replaced.
Required Parking
•One space per unit or per bedroom,
whichever is less for detached ADUs.
•No parking required for interior or
attached ADUs.
•No change
Privacy Standards
•Balconies, decks and terraces
prohibited.
•Second-story windows less than eight
feet from rear and side property lines
must be clerestory.
•No change
Multi-Family
Residential
Properties
•Not allowed. Only permitted on single-
family residential properties.
•Two detached ADUs allowed
on multi-family properties
(duplex/ triplex/ fourplex/
apartments).
•Additionally, one ADU per 4
apartment units (25% of
total) may be created from
non-livable areas (e.g.,
laundry rooms, manager’s
offices, etc.).
Design Standards
•ADUs must maintain design
consistency with the primary dwelling
unless located in the back yard.
•No change
Owner-Occupancy •Owner may only rent either the primary
dwelling or ADU/JADU.
•No owner-occupancy
requirement; all units may be
rented out.
The process to amend the Zoning Ordinance, consistent with the State Government
Code, requires the Planning Commission to make a written recommendation to the City
Council (CMC Sec. 21.60.060.B). If the Council proposes to adopt a “substantial
modification” to what was recommended, the proposed modification(s) must first be
returned back to the Planning Commission for its review and recommendation.
Pursuant to the City Attorney opinion the extent of the changes presented in the
alternate ordinance would generally be considered substantial in nature, requiring
Planning Commission review prior to adoption by the Council. However, the recent
State legislation mandates the City to incorporate these provisions such that the
Planning Commission will be bound to recommend approval to the City Council. In this
regard, the non-voluntary nature of the revisions need not be considered “substantial”
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by the City Council. Such an interpretation would conclude the ADU ordinance update
process and allow the public to propose new ADUs consistent with the new State laws.
Amnesty Program: In addition to the above changes, the draft ordinance includes a
limited-term amnesty program required by SB 13. Specifically, homeowners may
request that the City delay compliance with certain building code requirements that do
not relate to health and safety for a period of five years. This law would codify and
expand on staff’s current enforcement practice with regard to ADUs that do not comply
with building codes. If a homeowner avails themselves of this program, staff has also
included a requirement for the Building Official to record a “Notice of Delayed
Enforcement” on the property title to inform prospective buyers of the presence of an
ADU that does not comply with building code standards.
Affordability: The Planning Commission’s recommended ordinance included an
affordability incentive that would have relieved a homeowner from the owner-occupancy
restriction if they voluntarily deed-restricted their ADU as an affordable below-market-
rate (BMR) unit. However, SB 13 eliminated the owner-occupancy requirement for five
years, which has the effect of nullifying the proposed affordability incentive.
Moreover, AB 671 requires that the City “develop a plan that incentivizes and promotes
the creation of accessory dwelling units that can be offered at affordable rent.”
Unfortunately, since staff’s recommended affordability plan is no longer operable, the
Council will need to direct staff to prepare a program consistent with this requirement as
part of a future work plan or priority setting session.
PUBLIC NOTIFICATION
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 150 interested individuals and organizations who were informed of
the public hearing. Emails for interested persons are included as Attachment 8.
FISCAL IMPACT
Since the intent of the draft ordinance is to increase the production of ADUs, it is
anticipated that the City will receive an increasing number of permit application resulting
in greater permit and park fee revenue.
ALTERNATIVES
1.Approve the Alternate Ordinance: If the Council is supportive of the alternate
ordinance with the aforementioned State-mandated revisions, the Council may make
the following motion:
Introduce the alternate 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; (2) Adopt a resolution approving an
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Amendment to the Campbell Village Neighborhood Plan to incorporate by
reference the proposed City-wide ADU standards; and (3) Adopt a resolution
approving a General Plan Amendment to the San Tomas Area Neighborhood
Plan to incorporate by reference to the proposed City-wide ADU standards.
2.Refer back to Planning Commission: If the City Council wishes the Planning
Commission to consider the alternate ordinance, the item many be referred back to
the Planning Commission for its review and recommendation. The City Council
would then consider the Planning Commission’s recommendation in January 2020.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
1.Draft Ordinance
2.Draft Resolution (CVNP Amendment)
3.Draft Resolution (STANP Amendment)
4.PC Staff Report, dated September 24, 2019
5.PC Meeting Minutes, dated September 24, 2019
6.Alternate Draft Ordinance (Revised per State Law)
7.Highlighted Alternate Draft Ordinance (Revised per State Law)
8.Public Comment
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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:
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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
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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
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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
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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 as specified 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 shall satisfy the standards provided by Chapter 21.28 (Parking and loading), except that such spaces may be created in any configuration on the parcel,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts, subject to the following standards: a. Covered parking spaces provided within a new garage or carport
shall satisfy all applicable setback, height, placement, and dimension
standards.
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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.
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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.
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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 30 days, 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. 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 dwelling unit or the accessory dwelling unit provided the beneficiary is a person with disabilities. 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
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sprinklers shall be required to the same extent as for construction of any other new
dwelling unit.
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)
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zoning district) shall first receive approval of the appropriate land use permit prior to a
submittal of a ministerial building permit application for an accessory dwelling unit.
21.23.090 – 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
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dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health
and Safety Code, and a manufactured home, as defined in Section 18007 of the Health
and Safety Code. This Chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into one of the defined types, the community development director shall make a determination pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of an existing primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a) Attached accessory dwelling unit 2. "Detached accessory dwelling unit" means an accessory dwelling unit that is (1) constructed as a separate structure from the primary dwelling unit; or
(2) contained within the existing space of an accessory structure (as
defined herein).
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
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"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d). "Complete building permit application" means an application for a building permit, comprising all required drawings, details, and calculations, including those necessary to
determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of
scope of work), and a boundary survey if required to verify parcel size, which has been cleared for issuance by all reviewing departments and which the Building Official has determined may be issued to an appropriate individual upon payment of the necessary fees.
"Contained within the existing space" means conversion of a 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.
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"Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1). "Story" means the portion of a building as defined in Section 21.72.020.S, including a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. SECTION 8. R-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 the
parameters 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 than
three feet in diameter); 13.14. Schools - K-12, public; 14.15. Single-family dwellings; 15.16. Supportive housing;
16.17. Transitional housing. SECTION 9. 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;
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3.4. Family child day care homes, small;
4.5. Garage/yard sales, private; 5.6. Groundwater recharge facilities; 6.7. Hobby car restoration; 7.8. Home occupations; 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-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 11. 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:
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B. Permitted uses in R-2 (Multiple-family) zoning district. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40, (Zoning
Clearances):
1. Accessory structures;
2. Accessory dwelling units; 2.3. Apartments; 3.4. Duplexes; 4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities; 7.8. Home occupations; 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 12. 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;
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14.16. Single-family dwellings;
15.17. Supportive housing; 16.18. Transitional housing.
SECTION 13. Scope of Work: Campbell Municipal Code Section 18.32.010 (Definition of "Scope of Work.") is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
A project submitted as a "Remodel" or "Remodel and Addition," or a "Remodel of an accessory structure to create an accessory dwelling unit" (or similar scope of work) shall instead be considered and defined as a "New Dwelling using portions of the original
structure" when at least three of the following criteria are satisfied:
1. The valuation of the proposed work exceeds one hundred eighty-five thousand dollars (valuation calculated using established Valuation Tables published by the International Code Council (ICC) and modified by the Building Division);
2. Seventy-five percent or more of the existing roof framing (Area) is proposed to be
removed. Existing roof covered by a new roof shall be considered as removed for the purposes of this calculation;
3. Seventy-five percent or more of the existing exterior walls (Lineal Footage of Wall Length) are removed, altered, filled in, or rebuilt. In no event shall new exterior walls exceed more than seventy-five percent of the length of the existing exterior
walls as determined by the building official. Nonconforming exterior walls shall not be included in the twenty-five percent remaining calculation (this subsection shall not apply to a proposed conversion of an accessory structure to an accessory dwelling unit);
4. Seventy-five percent or more of the existing interior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new interior walls exceed more than seventy-five percent of the length of the existing interior walls as determined by the building official.
SECTION 14. 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;
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d. Any upper story additions comply with the current setback requirements;
and
e. When required by Chapter 21.42 (Site and architectural review) Tthe decision-making body approving the site and architectural review permit for the addition or enlargement finds that the addition or enlargement will not be detrimental to the public health, safety, or general welfare of
persons residing in the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan. a. Additions to legally existing structures in the San Tomas area may be added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained at the community development department.
d. In the case of conflict between the San Tomas neighborhood plan policy
"E" and the requirements contained in this chapter, policy "E" of the plan shall prevail.
3.G. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without the cost limitations
identified in subsection E of this section; provided the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements, including the applicable provisions of state law (e.g., Title 24, California Code of Regulations, etc.).
SECTION 15. 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
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R-D Two-Family District Low-Medium Density Residential, 6-13
d.u./gross acre
R-M Multiple-Family Low-Medium Density Residential, 6-13
d.u./gross acre
R-2 Multiple-Family Medium Density Residential, 14-20
d.u./gross acre
R-3 Multiple-Family High Density Residential, 21-27 d.u./gross
acre
Commercial Zoning Districts
P-O Professional Office Professional Office
C-1 Neighborhood Commercial Neighborhood Commercial
C-2 General Commercial General Commercial
C-3 Central Business District Central Commercial
Industrial Zoning Districts
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 16: 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
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/drive-up service/drive-up window" and "Dry cleaning" to read as follows, with underlining
indicating new text:
"Driveway" means a paved access way leading from a public right-of-way, or from the edge of an easement 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 17: 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 18: 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 19: 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.
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SECTION 20. Accessory structures: Campbell Municipal Code Section 21.36.020
(Accessory structures) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 21.36.020 - Accessory structures.
This section provides standards for accessory structures that are physically detached from, and subordinate to, the main structure on the site. The standards contained in this
section pertain to all properties except when otherwise provided for by a development agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping quarters or a kitchen facilities. The number of allowed plumbing fixtures shall be
limited to two fixtures and may only include a toilet, sink, hot water heater or 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.
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SECTION 21: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
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
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RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING AN AMENDMENT TO THE CAMPBELL
VILLAGE NEIGHBORHOOD PLAN TO INCORPORATE BY
REFERENCE 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 City Council 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 consistent with Program H-
5.3a of the Housing Element:
Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing by
encouraging secondary units in residential neighborhoods.
Program H-5.3a: Secondary Dwelling Units: A secondary dwelling unit is a separate dwelling unit that
provides complete, independent living facilities for one or more persons. It includes permanent
provisions for living, sleeping, cooking, eating, and sanitation on the same parcel as the primary unit is
situated. Given the limited developable land remaining in Campbell, integrating secondary dwelling
units in existing residential neighborhoods presents an opportunity for the City to accommodate needed
rental housing. The development of secondary dwelling units is effective in dispersing affordable
housing throughout the City and can provide housing to lower-income persons, including seniors and
college students. Approximately 1,000 single-family parcels in Campbell are of sufficient size to add a
secondary dwelling unit.
Implementation Objective: The City will facilitate the construction of new secondary dwelling units by
making information available to the public.
3. The Area Plan Amendment is consistent with applicable legislation adopted by the State
of California while maintaining locally appropriate standards for the construction and
occupancy of accessory dwelling units.
4. 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.
5. 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.
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City Council Resolution
PLN2017-375 – Approval a Neighborhood Plan Amendment Page 2
Based on the foregoing findings of fact, the City Council 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 City Council adopts 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
• 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
9.b
Packet Pg. 155 Attachment: Draft Resolution (CVNP Amendment) (PLN2017-375 ~ ADU Ordinance Update)
City Council Resolution
PLN2017-375 – Approval a Neighborhood Plan Amendment Page 3
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 _______ day of ________________, 2019, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Wendy Wood, City Clerk
9.b
Packet Pg. 156 Attachment: Draft Resolution (CVNP Amendment) (PLN2017-375 ~ ADU Ordinance Update)
RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A GENERAL PLAN AMENDMENT TO THE
SAN TOMAS AREA NEIGHBORHOOD PLAN TO INCORPORATE BY
REFERENCE 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 City Council 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 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
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Packet Pg. 157 Attachment: Draft Resolution (STANP Amendment) (PLN2017-375 ~ ADU Ordinance Update)
City Council Resolution
PLN2017-375 – Approval a General Plan Amendment Page 2
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. The proposed General Plan Amendment is consistent with applicable legislation adopted
by the State of California while maintaining locally appropriate standards for the
construction and occupancy of accessory dwelling units.
9. 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.
10. 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 City Council 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 City Council adopts 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:
• 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.
9.c
Packet Pg. 158 Attachment: Draft Resolution (STANP Amendment) (PLN2017-375 ~ ADU Ordinance Update)
City Council Resolution
PLN2017-375 – Approval a General Plan Amendment Page 3
• 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 _______ day of ________________, 2019, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Wendy Wood, City Clerk
9.c
Packet Pg. 159 Attachment: Draft Resolution (STANP Amendment) (PLN2017-375 ~ ADU Ordinance Update)
ITEM NO. 1
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 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;
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 the proposed 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.
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Packet Pg. 160 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 to 8,000 square-feet while others felt it should be reduced even lower. The Commission asked 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 guidance could 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 direction was provided leaving staff with the responsibility of researching how best to address the minimum 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 at the 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 ADU ordinance 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 develop these standards in order to aid the Planning Commission's deliberation.
9.d
Packet Pg. 161 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 to recommend neighborhood-specific standards.
• August 13, 2019: The San Tomas Area Community Coalition (STACC) gave a special presentation on 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.
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 Coverage maximums 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 to 25-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 approximately 20-feet.
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Packet Pg. 162 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 house would 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 address this allowance, a new exception to setbacks provision would clearly indicate that the use of "existing space" means to remodel a structure, not to reconstruct it so that it constitutes
a new building. 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.
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Packet Pg. 163 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 or household occupying the ADU have an annual income equal to or less than the "low-
income" limit established by the California Housing and Community Development
Department (HCD), currently set at $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 limited to $1,481 and $1,682 per month for a one- and two-bedroom ADU, respectively, as adjusted annually based on HCD's annual AMI calculations.
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Packet Pg. 164 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 permit issuance, 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 dwelling would 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. As such, this neighborhood is likely to experience a greater proliferation of ADUs as compared to the City's other neighborhoods that have not been as restricted. 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 lawfully constructed garages, pool houses, workshops, studios, and similar structures will likely
become an increasingly common approach to creating an ADU due to both the lower cost
of construction and setback exception. It can also be expected that this effect will be
particularly noticeable in the San Tomas Area, and to a lesser extent Campbell Village, by virtue of larger lots and greater prevalence of accessory structures that were often built
in the County's jurisdiction. However, the ability of some older accessory structures to be
converted to ADUs may be limited by their poor condition. 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-side setback. Similarly, existing covered parking spaces that may be removed through a
garage conversion may also be replaced on a driveway or uncovered parking pad. As a
result, creation of an ADU will no longer require construction of a garage or carport
unless a homeowner desires it, further reducing the cost of construction. Additionally,
eliminating the need to have compliant parking for the main house (i.e., one covered space and one uncovered space not located within a setback) in order to be eligible to
construct an ADU will eliminate an existing barrier for homeowners who only have a
one-car garage.
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Packet Pg. 165 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 of an 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.
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Packet Pg. 166 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
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 of this Zoning Code.
In addition to revisions to Chapter 21.23 (Accessory Dwelling Ordinance), the proposed ordinance also revises other existing code section as necessary to ensure internal consistency
within the Zoning Code.
PUBLIC COMMENT
This public hearing was noticed in the Campbell Express newspaper and on the City's website 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 Summary 5. Draft City Council Ordinance
6. Emails
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Director
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Packet Pg. 167 Attachment: PC Staff Report, dated September 24, 2019 (PLN2017-375 ~ ADU Ordinance Update)
Campbell Planning Commission Minutes for September 24, 2019 Page 4
***
Acting Chair Krey read Agenda Item No. 2 into the record as follows:
2. PLN2017-375 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 is recommending
that this item be deemed Categorically Exempt under
CEQA. Tentative City Council Meeting Date: October 15, 2019.
Project Planner: Daniel Fama, Senior Planner
Mr. Daniel Fama, Senior Planner, provided the staff report.
Acting Chair Krey asked if there were questions for staff.
Commissioner Ostrowski:
• Questioned the prohibition of having a second-story ADU above an attached garage.
• Inquired why this exception is necessary given the State’s relaxation of setbacks for
ADU’s in general.
Planner Daniel Fama:
• Explained that a property owner could elect to convert existing square footage from
their home into an ADU but not add over an attached garage.
• Added that if they want to do so than a design review process would be required for
the addition prior to the space being converted to an ADU.
Commissioner Buchbinder asked staff how many new ADU unites might be possible.
Planner Daniel:
• Said it will not always be easy to implement an ADU.
• Added that an ADU may still be financially too much of a burden for some.
• Concluded that there is potential for an ADU on any property that includes a house.
Commissioner Buchbinder:
• Reported that there are currently newly adopted State Assembly and Senate Bills just
awaiting signature by the Governor.
• Cautioned that they include some things that will be subtly different from this updated
Ordinance.
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Director Paul Kermoyan:
• Stated that we are not able to avoid having legislative changes go into effect. There
were changes made right after we had just updated the ADU Ordinance the last time.
• Said that it seems like every time we make progress the State comes up with
something new.
• Recommended that we must adopt what we have and react to new law(s) later.
Commissioner Buchbinder:
• Said that has us complying with last year’s new rules and next year we’ll deal with
next year’s newly adopted laws.
• Asked why there is the requirement for a one-year minimum rental lease term for
ADU’s.
City Attorney William Seligmann:
• Said that there was an issue in the past with a recovery home that is regulated
differently than are other residential uses.
• Added that without that limitation of a one-year lease, the City runs the risk of not
being able to regulate the recovery home situated within a residential neighborhood.
Commissioner Buchbinder pressed on the fact that the recommendation is for a one-year
minimum.
City Attorney William Seligmann said that the Commission could modify that to six months
or more. Currently the Code defines non-transiency to one-year or more.
Commissioner Ostrowski asked what the rental limitation is for all rental properties.
City Attorney William Seligmann said that is a bigger issue that is for the City Council to
address.
Commissioner Ostrowski asked how big a problem are transiency issues.
City Attorney William Seligmann:
• Replied none recently.
• Added that the last occurred 10 years ago and was very acrimonious and expensive
for the City.
Commissioner Buchbinder asked why the City would want to ban recovery homes.
City Attorney William Seligmann:
• Clarified that is not the case.
• Advised that recovery homes are allowed by right if there are six or fewer residents.
• Added that in order to serve more than six residents would require a special permit.
Commissioner Buchbinder advised that the City of San Jose has “ADU Tuesdays”
whereas they provide a quicker process for approval. He asked if staff has any such
plans.
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Planner Daniel Fama said that would represent a new program and the Council would by
the body to direct staff to do so.
Director Paul Kermoyan:
• Reported that thus far there have been 11 ADU applications, which are a building
permit process. That process doesn’t take 180 days but rather takes less than three
months.
• Explained that plans are submitted to Building. Building forwards a plan set to
Planning to verify compliance with any requirements.
• Stated that once Planning signs off on the plans, Building issues the ADU permit.
Commissioner Ostrowski asked about the park impact fee.
Planner Daniel Fama:
• Said that these park impact fees are currently required.
• Reported that Public Works staff recently brought the issue of these park impact fees
before the Council.
• Concluded that there is already pending legislation that will likely impact these fees in
some way.
Commissioner Ostrowski sought clarification that park impact fees are currently required
for ADU’s as well as any new single-family residence.
Planner Daniel Fama replied yes. He added that the park fee was cut for ADU’s to
$7,500. The fee used to be the same as for a new single-family residence.
Commissioner Buchbinder asked what the total fees charged are for an ADU.
Planner Daniel Fama said that the City’s fees for ADU are the park fee and building
permit fees. There are other fees imposed by outside agencies serving Campbell
including Fire and West Valley Sanitation.
Commissioner Ching asked staff if the straw poll recommendations spreadsheet prepared
by the Planning Commission has been incorporated into this current draft ADU
Ordinance.
Planner Daniel Fama replied yes.
Commissioner Ching sought clarification from staff that the conversion of an existing
accessory structure into an ADU can be remodeled but not completely rebuilt if said
building were found to be too dilapidated.
Planner Daniel Fama said yes. If it doesn’t comply with current standards. However, one
pending State bill may require allowing rebuilds.
Commissioner Ching:
• Questioned the provision of parking. Are parking requirements outright eliminated?
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• Asked, “What if the City wanted permit street parking? Would it be precluded for
doing so?”
Planner Daniel Fama replied no.
Commissioner Buchbinder asked if a modular or manufactured ADU is plausible.
Planner Daniel Fama replied yes. He said it may be more challenging at the front of the
property. At the back there is no design review requirements, but in the front the ADU
must be architecturally compatible with the existing single-family home on the property.
Commissioner Buchbinder asked if Campbell plans a similar program to San Jose’s.
Planner Daniel Fama said that would be up to the City Council.
Commissioner Buchbinder asked if the Planning Commission could encourage the City
Council to consider such a program to help ADU’s be approved more quickly.
Director Paul Kermoyan suggested that recommendation be added to the motion.
Planner Daniel Fama said that addition would be up to the majority of the PC.
Acting Chair Krey:
• Stated that staff provided a very good staff report.
• Clarified again that an ADU can go above a detached garage but not above an
attached garage.
• Stressed the importance of lowering fees associated with ADU’s.
Planner Daniel Fama said that the State Legislature is working on that issue. The only
fee we have control over is the Park Impact Fee.
Acting Chair Krey clarified Campbell will allow both an ADU and JADU on a property. Do
other cities so allow?
Planner Daniel Fama replied yes.
Acting Chair Krey questioned the rear setback of 5-feet or half of the wall height.
Planner Daniel Fama advised that the difference is based on a height difference between
and single-story and two-story accessory structure and/or a single-story with very tall
ceiling heights resulting in a taller structure than a typical single-story home.
Commissioner Ostrowski added that gable roofs also increase wall heights.
Commissioner Krey asked if protected tree removals would be allowed to be removed or
would they be considered on a case-by-case basis.
Planner Daniel Fama:
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• Said that tree removal of a protected tree (cedar, ash, oak and redwood) would still fall
within the guidelines of the Tree Protection Ordinance.
• Added that he doesn’t recall tree removal being an issue or hindrance to approving
desired ADU units.
• Said that, if so, it might warrant allowing removal if needed.
Acting Chair Krey opened the Public Hearing for Agenda Item No. 2.
Raja S. R. Pallela, Resident on W. Hacienda Avenue:
• Thanked Planner Daniel Fama for his work over this two-year effort.
• Pointed out that there are pending legislative changes that will impact this draft
Ordinance. One would allow three units on any property. Another a minimum 4-foot
setback. No fees. No HOA restrictions. Eliminating design standards. Eliminating
FAR’s and lot coverage standards.
• Cautioned that if the City’s ADU Ordinance is not compliant with this pending
legislation it would be considered null and void and revert to State Law standards.
• Suggested restricting all setbacks to 5-foot minimum.
• Admitted that he may be in favor of owner occupancy requirements but is not quite
sure.
• Proposed that any future new single-family home be required to be both ADU and
JADU-ready as part of the construction of that new single-family home in hopes of
future ADU and JADU units.
Shirley Chan, Resident on Theresa Avenue:
• Stated that she is happy to see so much progress here. It is going in the right
direction.
• Supported the recommendation to investigate eliminating or lowering impact fees as
well as owner-occupancy requirements.
• Add that this change is not just for Campbell but also for the entire State of California.
• Declared that ADU’s increase housing stock.
• Asked if her project would be approved by right if the Governor signs new laws not yet
dealt with on this draft ADU Ordinance.
Ray Barbierri, Campbell Resident:
• Stated his appreciation for the work done.
• Admitted that he is considering putting an ADU unit on his property.
• Said that there is some confusion between State and local regulations.
• Thanked the Commission for their efforts.
Daraius Sorabji, Resident on Craig Avenue:
• Admitted that seeing this staff report was a pleasant experience.
• Stated that he does have a couple of things to address such as FAR.
• Reported that his 90-year-old father lives with him and his 70-year-old mother-in-law
may one day need to live with his family.
• Explained that he is currently at the maximum limit for FAR but only 23 percent as far
as lot coverage.
• Said that his family needs extra living space not for profit but rather for family.
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• Opined that there is too much disparity between what is allowed on a single-family
zoned property when compared to a planned development zoned property.
• Suggested eliminated the FAR standard.
• Questioned staff as to how many homes are located within the STANP neighborhood
that are already over the maximum 50-percent FAR.
Commissioner Ching asked Mr. Sorabji the size of his current home.
Daraius Sorabji said his home is two-story consisting of 2,700 square feet with a 400
square foot garage. The lot is 7,800 square feet.
Acting Chair Krey closed the Public Hearing for Agenda Item No. 2.
Acting Chair Krey clarified with the City Attorney that Commissioner Ostrowski will not be
able to vote on the resolution attaching the ADU Ordinance to the Campbell Village
Neighborhood Plan as she lives in the area and is affected differently that the rest of the
Commission.
City Attorney William Seligmann agreed saying that the discussion and resolution for that
would have to be heard separately with Commissioner Ostrowski leaving the chamber
during that portion of this item.
Commissioner Ostrowski:
• Offered her thanks to staff and the Commission for their work on the ADU Ordinance
over the last two years.
• Added thanks to the members of the public who have provided input.
• Stated that the draft looks good and appears sufficiently flexible.
• Said that the Ordinance decreases restrictions and allows for the possibility of more
housing.
• Admitted that she would like to discuss further the one-year lease restriction. That is
not typical for the rest of Campbell.
• Opined that such a long lease could be a bit risky for a landlord in the event the tenant
doesn’t work out. There are a lot of reasons a tenant doesn’t work out and must leave
prior to one year.
• Said that requirement seems to be overreach in her opinion. A lease is a big burden if
it doesn’t work out.
• Questioned why an ADU would not be allowed above an attached garage. This is a
missed opportunity if we don’t allow them.
Commissioner Buchbinder:
• Stated his agreement with Commissioner Ostrowski regarding allowing above
attached garage ADU’s.
• Expressed his thanks to staff for the work done here.
• Added that he is excited to be here discussing this important ordinance.
• Asked the purpose of the owner-occupancy restriction.
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Planner Daniel Fama explained that staff is considering the fact that there are single-
family residential neighborhoods mostly populated by homeowners rather than renters.
Commissioner Buchbinder asked if there are any issues with the proposed language
offered to deal with situations whereby adult children with disabilities would occupy a unit
after the death of parents with the unit under the ownership of a trust. Therefore, that
adult disabled person would not be the owner.
City Attorney William Seligmann replied no.
Planner Daniel Fama said that is more of a policy call. The Commission could
recommend the addition of the proposed language by the City Council. Alternatively, the
BMR incentive could be used in these cases.
City Attorney William Seligmann said that we cannot assume they (disabled adult) would
qualify as low-income.
Commissioner Ching:
• Clarified that if the ADU is designated as a BMR unit owner occupation on site is not
required.
• Stated that he is in favor of including the language suggested by Housing Choices.
Director Paul Kermoyan:
• Said that rarely happens.
• Added that if there is a disagreement there is an accommodation process that can
offer an exception.
• Said that disabled adults would not be displaced but rather could receive a
Reasonable Accommodation. That is a perfect tool.
Commissioner Buchbinder asked what happens when the parent(s) of the disabled
person pass what happens?
Director Paul Kermoyan said a representative could come to us to explain the parents
have passed. The way to keep them on the property is a Reasonable Accommodation
permit.
Planner Daniel Fama said there is concern with the property being owned by a trust and
the disabled adult lives there without being the owner. That would result in two non-
owner occupants on the property.
Commissioner Ching:
• Said that it is concerning that when the parents die and the property transfers to a
trust.
• Admitted that he would rather see a rule change than to have the City bend the rules.
Director Paul Kermoyan said the concern is with a trust having ownership rather than a
person.
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Commissioner Ching said that this is a special needs trust.
Commissioner Ostrowski said she supports that. It really clarifies things.
Acting Chair Krey again raised the issue of allowing an ADU above an attached garage.
Planner Daniel Fama:
• Said that is not allowed.
• Added that there is a process whereby the property owner goes through a Site and
Architectural Review Permit process for a proposed addition. When that addition is
approved and constructed, the owner can apply to convert the space into an ADU.
• Stated the intent is to avoid creating a loophole.
Acting Chair Krey suggested reducing the lease period from one year to perhaps seven
months.
City Attorney William Seligmann suggested striking the first part of Subsection A to
establish a time period that is less than one year. He pointed out that having a minimum
stay is to prevent Air BnB type of short-term rentals.
Acting Chair Krey:
• Said that the requirements for owner occupation on site is a good idea.
• Said that he proposes to leave it as drafted.
• Reminded that the creation of more BMR units is the bigger goal.
• Pointed out that we won’t have a perfect Ordinance the first time.
Planner Daniel Fama said that if the State prohibits establishing requirements for BMR
units that would invalidate that option.
Commissioner Buchbinder suggested considering the potential for other incentives to
encourage people to deed restrict their property as BMR.
Director Paul Kermoyan:
• Explained that the City Manager has the responsibility to provide Council with
legislative updates.
• Added that in February of each year, the Council considers and adopts work plans
that give the City Manager direction on priorities. The City Manager directs staff from
those priorities.
• Assured that the City Manager will let staff and Council know if new laws come up that
must be addressed.
Commissioner Ching:
• Said that FAR increases faster with a two-story house.
• Added that there are some large lots that currently have small houses on them.
• Stated that the recommendations are based on FAR and lot coverage.
• Suggested that we keep what we have and make not that we will have to revisit again
as new State law is/are passed.
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• Supported a minimum occupancy time frame as six months rather than a year.
Acting Chair Krey:
• Supported forwarding a recommendation on to Council with the reduced six-month
minimum rental occupancy time frame.
• Said he also supports the inclusion of the recommended language provided by
Housing Choices.
• Concluded that the Ordinance is okay as it is and is hitting a happy medium.
Commissioner Ostrowski:
• Said that staff’s process offered to get an ADU over a garage makes sense.
• Added that it makes sense to go forward with this ADU Ordinance and revisit it later
once new legislation is adopted.
• Said there is no reason to restrict the rental time frame. That’s not done elsewhere in
the City. That provision should be removed and left at one month as allowed under
State law.
Commissioner Buchbinder encouraged staff to consider partnering with manufacturers of
ADU manufactured/modular homes.
Acting Chair Krey reported that Santa Cruz has seven such designs. It makes sense.
Commissioner Buchbinder stated that an off-the-shelf product is a good idea.
Acting Chair Krey suggested a motion be made that does not include the Campbell
Village Neighborhood Plan aspect of the Ordinance Update. It seems there is support for
inclusion of the Housing Choice language and to forward a recommendation to Council to
consider different ADU partnerships with manufacturers.
Motion: Upon motion of Commissioner Ostrowski, seconded by
Commissioner Buchbinder, the Planning Commission took the
following actions:
• Adopted Resolution No. 4529 recommending that the City
Council approve a 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), with the following
changes:
o Eliminate the one-year minimum rental period from
21.23.060A to 30 days;
o Incorporate the language provided by Housing Choices
that will allow disabled adults to stay in units after passing
of parents and ownership of property into trust;
o Recommending that the Council consider having the City
partner with ADU manufacturers with the goal of
streamlining the process of developing ADU’s; and
• Adopted Resolution No. 4530 recommending that the City
Council approve a General Plan Amendment to the San Tomas
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Area Neighborhood Plan to incorporate by reference the
proposed City-wide ADU standards;
by the following roll call vote:
AYES: Buchbinder, Ching, Krey, Ostrowski
NOES: None
ABSENT: Hines and Rivlin
ABSTAIN: None
Commissioner Ostrowski had to recuse from the third part of this item due to active part in
the creation of the Campbell Village Neighborhood Plan. She left the dais and chambers.
It was realized that with Commissioner Ostrowski’s recusal, there was not a quorum
available to act on the resolution to connect the updated ADU Ordinance to the Campbell
Village Neighborhood Plan. It would have to be continued to the next meeting when
additional commissioner would be present.
Acting Chair Krey opened the Public Hearing for Agenda Item No. 2.
Motion: Upon motion of Commissioner Buchbinder, seconded by
Commissioner Ching, the Planning Commission CONTINUED TO A
DATE CERTAIN OF OCTOBER 8, 2019, the adoption of a resolution
to modify the Campbell Village Neighborhood Plan to incorporate by
reference the proposed City-wide ADU Ordinance standards, by the
following roll call vote:
AYES: Buchbinder, Ching and Krey
NOES: None
ABSENT: Hines and Rivlin
ABSTAIN: Ostrowski
Acting Chair Krey advised that this item would return at the next meeting to allow a vote
on the final of the three resolutions required to forward this item onward to the City
Council for final action.
Commissioner Ostrowski returned to the chambers and dais at the completion of Item 2.
***
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Paul Kermoyan made the following additions to his written report:
•Reported that Commissioner Ching and Senior Planner Cindy McCormick both
attending the CalAPA conference in Santa Barbara last week.
•Said that Commissioner Ching is offered an opportunity to provide an update and/or
debrief of his experience at this training.
•Stated that staff is trying to budget enough funding for all Commissioners to attend
training events.
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Ordinance No. ____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLES 18, 20, AND 21 OF THE CAMPBELL MUNICIPAL CODE
RELATING TO THE PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE
OF ACCESSORY DWELLING UNITS 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 applicable legislation adopted by the State of California 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 residential 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:
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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 residential 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 or mixed-use 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, except for accessory dwelling units constructed on multi-
family residential properties pursuant to Section 21.23.050 (Special Provisions for
Multi-family Residential Properties).
C. Minimum lot area. No minimum lot area is required for creation of an accessory
dwelling unit or junior accessory dwelling unit.
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
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,
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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, except to the extent necessary to allow
an accessory dwelling unit no larger than 800 square feet. 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, except to the
extent necessary to allow an accessory dwelling unit no larger than 800 square feet.
In the case of a parcel within the P-D (Planned Development) zoning district the
maximum floor area ratio and maximum lot coverage shall be equal to the standards
provided by the zoning district that directly corresponds to the parcel's General Plan
land use designation as specified by Section 21.04.020, Table 2-1.
E. Setbacks. An accessory dwelling unit shall conform to the setback standards
specified by Table 3-1(b), below:
Table 3-1(b) – Setback Standards
Setback Detached ADUs Interior and
Attached ADUs
Property Line
Setbacks
Front
The same standard as
for the primary dwelling
unit The same standard
as for the primary
dwelling unit
Interior Sides 4 feet
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
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
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Exception: No setback shall be required for an existing accessory structure 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 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 (except to allow an entry area for ingress and egress no greater than 150 square feet),
and shall not be permitted to exercise the setback exception for non-conforming structures
provided for in Section 21.58.050.F (Exceptions).
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 floor area for a detached accessory dwelling unit
shall be 1,200 square feet. The maximum living area for an attached or interior
accessory dwelling unit shall not 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
dwelling unit, except that a minimum allowable height of 16 feet shall be
permitted. 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
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unit, including within its garage, basement, first story, or second story,
irrespective of existing building height.
J. Parking. Parking for accessory dwelling shall be provided in compliance with this
section.
1. Number of spaces. Required and replacement parking shall be provided as
specified by Table 3-1(d), below:
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) are not required to be replaced.
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" shall be required for an accessory
dwelling unit that is located on a parcel that is within (1) a walking 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. New parking spaces shall satisfy the standards
provided by Chapter 21.28 (Parking and loading), except that such spaces
may be created in any configuration on the parcel, including, but not limited
to, as covered spaces, uncovered spaces, or tandem spaces, or by the use
of mechanical automobile parking lifts, subject to the following standards:
a. Covered parking spaces provided within a new garage or carport shall
satisfy all applicable setback, height, placement, and dimension
standards.
b. Uncovered parking spaces may encroach into a required front yard or
street-side yard setback within an existing or proposed driveway that
satisfies both the surfacing and minimum stall dimensions for a
parking space(s), unless such a configuration is determined not to be
feasible based upon fire and/or life safety conditions present on the
parcel.
c. Tandem parking shall be limited to two parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a fully
enclosed garage.
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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.
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. Associated Dwelling. The junior accessory dwelling unit shall be contained entirely
within a primary dwelling unit or a detached accessory dwelling unit utilizing one of
the allowable two bedrooms.
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C. Kitchen. The junior accessory dwelling unit shall contain an efficiency kitchen
satisfying the following the 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 or detached accessory dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit or detached accessory
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 Multi-family Residential Properties
The following requirements and restrictions apply to creation of accessory dwelling units
on multi-family residential properties and shall supersede any provision to the contrary
within this Chapter.
A. Defined. For the purposes of this section, the term “multifamily dwelling structure”
shall have the same meaning as “Duplex,” “Triplex,” “Fourplex,” and “apartment” as
defined by Chapter 21.72 (Definitions).
B. Conversion of non-living areas. A minimum of one (1) accessory dwelling unit
and up to one (1) accessory dwelling unit for every four (4) dwelling units within a
multifamily dwelling structure may be created within existing non-livable space(s),
including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, provided that the dwellings comply with the California
Building Code.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than two (2) detached accessory dwelling units
may allowed subject to the standards, requirements, and restrictions of this Chapter.
21.23.060 – 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.
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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.
C. Height. A detached accessory dwelling unit shall be a maximum of sixteen 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.
21.23.070 – 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 30 days, including short-term
rentals are prohibited. The community development director shall require
recordation of a deed restriction documenting this restriction.
B. Non-Conforming zoning conditions: The City shall not require the correction of
nonconforming zoning conditions to allow creation of an accessory dwelling unit or
a junior accessory dwelling unit.
C. Subdivision and sales. Except as provided as for by Government Code Section
65852.26, 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).
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
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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.
F. Certificates of Occupancy. A certificate of occupancy for an accessory dwelling
unit shall not be issued before a certificate of occupancy is issued for the primary
dwelling unit.
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 sixty (60) 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. The 60-day period for processing
the application for the accessory dwelling unit or junior accessory dwelling shall tolled
during any delay requested by the applicant.
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.
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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 – Incentives and Promotion
Within the time period that may be prescribed by the Department of Housing and
Community Development, the City Council, by resolution, shall develop a plan that
incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low,
low-, or moderate-income households.
21.23.120 – 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 structure that is accessory and incidental to a
dwelling located on the same lot as defined in Section 21.72.020.A.
"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
and is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the primary dwelling unit or multifamily dwelling is or will be situated. An
accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of
the Health and Safety Code, and a manufactured home, as defined in Section 18007 of
the Health and Safety Code. This Chapter recognizes three types of accessory dwelling
units as defined below. Where a proposed accessory dwelling unit does not clearly fall into
one of the defined types, the community development director shall make a determination
pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a physical expansion (i.e., addition) of an existing primary
dwelling unit, including construction of a new basement underneath a primary
dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a)
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Attached accessory dwelling unit
2. "Detached accessory dwelling unit" means an accessory dwelling unit that is
(1) constructed as a separate structure from the primary dwelling unit; or (2)
contained within the existing space of an accessory structure (as defined
herein).
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; (2) constructed as part of a
proposed primary dwelling unit; or (3) created from non-livable space of a
multifamily dwelling.
Figure 3.6(c)
Interior accessory dwelling unit
"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d).
"Complete building permit application" means an application for a building permit,
comprising all required drawings, details, and calculations, including those necessary to
determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of
scope of work), and a boundary survey if required to verify parcel size, which has been
cleared for issuance by all reviewing departments and which the Building Official has
determined may be issued to an appropriate individual upon payment of the necessary
fees.
"Contained within the existing space" means conversion of a lawfully constructed
structure's existing floor area to create an accessory dwelling unit.
"Conversion" or "convert(ed)" means to remodel a legally constructed structure to
an accessory dwelling unit or to construct a new accessory dwelling unit in the same
location and to the same dimensions as an existing accessory structure.
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"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 a single-family dwelling or detached
accessory dwelling unit. 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.
"Floor area" means the total horizontal floor area in square feet 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 a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures.
"Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1).
"Story" means the portion of a building as defined in Section 21.72.020.S, including
a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles
are parked on a driveway or in any other location on a lot, lined up behind one another.
SECTION 8. R-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):
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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 the
parameters 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 than
three feet in diameter);
13.14. Schools - K-12, public;
14.15. Single-family dwellings;
15.16. Supportive housing;
16.17. Transitional housing.
SECTION 9. R-D Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.040.B (Permitted uses in R-D (Two-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
B. Permitted uses in R-D (Two-family) zoning district. The following uses are permitted
with a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Duplexes;
3.4. Family child day care homes, small;
4.5. Garage/yard sales, private;
5.6. Groundwater recharge facilities;
6.7. Hobby car restoration;
7.8. Home occupations;
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.
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SECTION 10. 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 11. R-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.060.B (Permitted uses in R-2 (Multiple-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
B. Permitted uses in R-2 (Multiple-family) zoning district. The following uses are permitted
with a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Apartments;
3.4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities;
7.8. Home occupations;
9. Junior accessory dwelling units;
8.10. Parks, public;
9.11. Residential care homes, small;
10.12. Residential service facilities, small;
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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 12. 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.
SECTION 13. P-D Zoning District Allowable Uses: Campbell Municipal Code Section
21.12.030.D (Allowable uses in the P-D zoning district) is amended to read as follows with
underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Allowable uses in the P-D zoning district. Any use or development that is determined
to be consistent with the General Plan of the city may be approved in the planned
development zoning district, subject to the criteria established in subsection (G)(6) of this
section. Development plans shall be approved either through an administrative planned
development permit, in compliance with subsection (G)(1) of this section, or by City Council
resolution or ordinance, in compliance with subsection (G)(9) of this section, except for
construction of an accessory dwelling unit unrelated to a proposed or approved planned
development permit which shall be approved ministerially pursuant to Chapter 21.23
(Accessory Dwelling Units). In order to aid the City Council in adoption of a resolution or
ordinance, the planning commission shall also hold a public hearing and shall transmit its
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findings and recommendations by resolution to the City Council. Establishment of a liquor
establishments or a liquor store shall require approval of a conditional use permit pursuant
to the requirements of Chapter 21.46, (Conditional Use Permits).
SECTION 14. Scope of Work: Campbell Municipal Code Section 18.32.010 (Definition of
"Scope of Work.") is amended to read as follows with underlining indicating new text and
strikeouts (strikeout) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
A project submitted as a "Remodel" or "Remodel and Addition," or a "Remodel of an
accessory structure to create an accessory dwelling unit" (or similar scope of work) shall
instead be considered and defined as a "New Dwelling using portions of the original
structure" when at least three of the following criteria are satisfied:
1. The valuation of the proposed work exceeds one hundred eighty-five thousand
dollars (valuation calculated using established Valuation Tables published by the
International Code Council (ICC) and modified by the Building Division);
2. Seventy-five percent or more of the existing roof framing (Area) is proposed to be
removed. Existing roof covered by a new roof shall be considered as removed for
the purposes of this calculation;
3. Seventy-five percent or more of the existing exterior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new exterior
walls exceed more than seventy-five percent of the length of the existing exterior
walls as determined by the building official. Nonconforming exterior walls shall not
be included in the twenty-five percent remaining calculation (this subsection shall
not apply to a proposed conversion of an accessory structure to an accessory
dwelling unit);
4. Seventy-five percent or more of the existing interior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new interior walls
exceed more than seventy-five percent of the length of the existing interior walls
as determined by the building official.
SECTION 15. 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;
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d. Any upper story additions comply with the current setback requirements;
and
e. When required by Chapter 21.42 (Site and architectural review) Tthe
decision-making body approving the site and architectural review permit
for the addition or enlargement finds that the addition or enlargement will
not be detrimental to the public health, safety, or general welfare of
persons residing in the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures in the San Tomas area may be
added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained
at the community development department.
d. In the case of conflict between the San Tomas neighborhood plan policy
"E" and the requirements contained in this chapter, policy "E" of the plan
shall prevail.
3.G. Repairs or alterations otherwise required by law shall be allowed.
Reconstruction required to reinforce unreinforced masonry structures or to comply
with building code requirements shall be allowed without the cost limitations
identified in subsection E of this section; provided the retrofitting and code
compliance are limited exclusively to compliance with earthquake safety standards
and other applicable building code requirements, including the applicable provisions
of state law (e.g., Title 24, California Code of Regulations, etc.).
SECTION 16. Allowable Density: Table 2-1 of Section 21.040.020, is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
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
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R-D Two-Family District Low-Medium Density Residential, 6-13
d.u./gross acre
R-M Multiple-Family Low-Medium Density Residential, 6-13
d.u./gross acre
R-2 Multiple-Family Medium Density Residential, 14-20
d.u./gross acre
R-3 Multiple-Family High Density Residential, 21-27
d.u./gross acre
Commercial Zoning Districts
P-O Professional Office Professional Office
C-1 Neighborhood Commercial Neighborhood Commercial
C-2 General Commercial General Commercial
C-3 Central Business District Central Commercial
Industrial Zoning Districts
C-M Controlled Manufacturing Research and Development
M-1 Light Industrial Light Industrial
Special Purpose Zoning Districts
C-PD Condominium Planned
Development
See Section 21.12.020 (C-PD
(Condominium Planned Development)
zoning district)
P-D Planned Development See Section 21.12.030 (P-D (Planned
Development) zoning district)
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.
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SECTION 17: Definitions of Driveway: The following definition is added to subsection D of
Campbell Municipal Code section 21.72.020 between the definitions of "Drive-through
/drive-up service/drive-up window" and "Dry cleaning" to read as follows, with underlining
indicating new text:
"Driveway" means a paved access way leading from a public right-of-way, or from
the edge of an easement 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 18: 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 19: Park Impact Fee Definition: The definition of "secondary living units" in
Campbell Municipal Code section 20.24.020(o) is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
20.24.020 - Definitions.
(o) "Secondary living units" means any accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code or any residential unit
of less than six hundred forty square feet which is clearly secondary to the main
use of the property. Examples of units that are secondary include caretakers
quarters of less than six hundred forty square feet on a commercial parcel or a
pastor's residence of less than six hundred forty square feet on a church site.
SECTION 20: Residential Project Definition: The definition of "residential project" in
Campbell Municipal Code section 21.24.030 is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
"Residential project" means any parcel map, subdivision map, conditional use
permit, site and architectural review permit, building permit, or other city approval, which
authorizes ten or more living units or residential lots, or living units and residential lots with
ten or more in combination., exclusive of any proposed accessory dwelling units. In order
to prevent evasion of the provisions of this chapter, contemporaneous construction of ten
or more living units on a lot, or on contiguous lots for which there is evidence of common
ownership or control, even though not covered by the same city land use approval, shall
also be considered a residential project. Construction shall be considered
contemporaneous for all units which do not have completed final inspections for occupancy
and which have outstanding, at any one time, any one or more of the following: parcel map,
subdivision map, or other discretionary city land use approvals, or building permits, or
applications for such an approval or permits. A pending project shall not be considered a
residential project under this chapter.
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SECTION 21. Accessory structures: Campbell Municipal Code Section 21.36.020
(Accessory structures) is amended to read as follows with underlining indicating new text
and strikeouts (strikeout) indicating deleted text:
21.36.020 - Accessory structures.
This section provides standards for accessory structures that are physically detached
from, and subordinate to, the main structure on the site. The standards contained in this
section pertain to all properties except when otherwise provided for by a development
agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping
quarters or a kitchen facilities. The number of allowed plumbing fixtures shall be
limited to two fixtures and may only include a toilet, sink, hot water heater or 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.
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SECTION 22. Delayed Enforcement: New Chapter 18.30 (Delayed Enforcement) is hereby
added to Title 18 (Building Codes and Regulations) of the Campbell Municipal Code to
read as follows:
18.30.10 – Adoption
(a) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, the Building Official, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard for five years, subject to compliance with Section
17980.12 of the Health and Safety Code if:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, if the City
of Campbell, at the time the accessory dwelling unit was built, had a
noncompliant accessory dwelling unit ordinance (as determined by the
Department of Housing and Community Development), but the ordinance is
compliant at the time the request is made.
(b) The Building Official shall deny the application for delay if the Building Official
determines that correcting the violation is necessary to protect health and safety.
18.30.20 – Notice
If a property owner exercises the delay in enforcement provided for by this Chapter,
the Building Official shall record a “Notice of Delayed Enforcement” on the title of the
subject property with the County Clerk-Recorder that shall identify the deficiencies of the
accessory dwelling unit and the termination date of the enforcement delay.
18.30.30 – Termination
The Building Official shall not approve any applications pursuant to this Chapter on
or after January 1, 2030. However, any delay that was approved by the Building Official
before January 1, 2030, shall be valid for the full term of the delay that was approved at
the time of the initial approval of the application.
SECTION 23: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
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PASSED AND ADOPTED this _____ day of ____________, 2019 by the following roll
call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Richard M. Waterman, Mayor
ATTEST:
_______________________________
Wendy Wood, City Clerk
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Ordinance No. ____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLES 18, 20, AND 21 OF THE CAMPBELL MUNICIPAL CODE
RELATING TO THE PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE
OF ACCESSORY DWELLING UNITS 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 applicable legislation adopted by the State of California 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 residential
neighborhoods.
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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:
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 residential 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 or mixed-use 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, except for accessory dwelling units constructed on multi-
family residential properties pursuant to Section 21.23.050 (Special Provisions for
Multi-family Residential Properties).
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
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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
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, except to the extent necessary to allow
an accessory dwelling unit no larger than 800 square feet. 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, except to the
extent necessary to allow an accessory dwelling unit no larger than 800 square feet.
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)
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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 4 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
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 accessory structure 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 (except to allow an entry area for ingress and egress no greater than 150 square feet),
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 floor area 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. The maximum living area for an attached or
interior accessory dwelling unit shall not 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
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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
dwelling unit, except that a minimum allowable height of 16 feet shall be
permitted. 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 as
specified 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) are not required to be replaced.
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 walking 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
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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 New parking spaces shall
satisfy the standards provided by Chapter 21.28 (Parking and loading),
except that such spaces may be created in any configuration on the parcel,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts, subject
to the following standards:
a. Covered parking spaces provided within a new garage or carport shall
satisfy all applicable setback, height, placement, and dimension
standards.
b. Uncovered parking spaces may encroach into a required front yard or
street-side yard setback within an existing or proposed driveway that
satisfies both the surfacing and minimum stall dimensions for a
parking space(s), unless such a configuration is determined not to be
feasible based upon fire and/or life safety conditions present on the
parcel.
c. Tandem parking shall be limited to two parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a fully
enclosed garage.
K. Design. 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.
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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.
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 Associated Dwelling. The junior accessory dwelling unit
shall be contained entirely within a the existing walls of an existing lawfully
constructed primary dwelling unit or detached accessory dwelling unit and shall
utilize utilizing one of the existing lawfully constructed allowable two 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 or detached accessory dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit or detached accessory
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.
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F. Parking. No parking shall be required for a junior accessory dwelling unit.
21.23.050 – Special Provisions for Multi-family Residential Properties
The following requirements and restrictions apply to creation of accessory dwelling units
on multi-family residential properties and shall supersede any provision to the contrary
within this Chapter.
A. Defined. For the purposes of this section, the term “multifamily dwelling structure”
shall have the same meaning as “Duplex,” “Triplex,” “Fourplex,” and “apartment” as
defined by Chapter 21.72 (Definitions).
B. Conversion of non-living areas. A minimum of one (1) accessory dwelling unit
and up to one (1) accessory dwelling unit for every four (4) dwelling units within a
multifamily dwelling structure may be created within existing non-livable space(s),
including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, provided that the dwellings comply with the California
Building Code.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than two (2) detached accessory dwelling units
may allowed subject to the standards, requirements, and restrictions of this Chapter.
21.23.0560 – 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.
C. Height. A detached accessory dwelling unit shall be a maximum of fourteen sixteen
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.
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21.23.0670 – 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 30 days, 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. 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
dwelling unit or the accessory dwelling unit provided the beneficiary is a person with
disabilities.
B. Non-Conforming zoning conditions: The City shall not require the correction of
nonconforming zoning conditions to allow creation of an accessory dwelling unit or
a junior accessory dwelling unit.
C. Subdivision and sales. Except as provided as for by Government Code Section
65852.26, Nno 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.
F. Certificates of Occupancy. A certificate of occupancy for an accessory dwelling
unit shall not be issued before a certificate of occupancy is issued for the primary
dwelling unit.
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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 twentysixty (12060) 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. The 60 day period
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for processing the application for the accessory dwelling unit or junior accessory dwelling
shall tolled during any delay requested by the applicant.
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 – Incentives and Promotion
Within the time period that may be prescribed by the Department of Housing and
Community Development, the City Council, by resolution, shall develop a plan that
incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low,
low-, or moderate-income households.
21.23.120 – Definitions
In addition to the terms defined by Article 6 (Definitions), the following terms shall
have the following meanings as used in this Chapter:
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"Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot 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
and is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the primary dwelling unit or multifamily dwelling is or will be situated. An
accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of
the Health and Safety Code, and a manufactured home, as defined in Section 18007 of
the Health and Safety Code. This Chapter recognizes three types of accessory dwelling
units as defined below. Where a proposed accessory dwelling unit does not clearly fall into
one of the defined types, the community development director shall make a determination
pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a physical expansion (i.e., addition) of an existing primary
dwelling unit, including construction of a new basement underneath a primary
dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a)
Attached accessory dwelling unit
2. "Detached accessory dwelling unit" means an accessory dwelling unit that is
(1) constructed as a separate structure from the primary dwelling unit; or (2)
contained within the existing space of an accessory structure (as defined
herein).
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
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proposed primary dwelling unit; or (3) created from non-livable space of a
multifamily dwelling.
Figure 3.6(c)
Interior accessory dwelling unit
"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d).
"Complete building permit application" means an application for a building permit,
comprising all required drawings, details, and calculations, including those necessary to
determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of
scope of work), and a boundary survey if required to verify parcel size, which has been
cleared for issuance by all reviewing departments and which the Building Official has
determined may be issued to an appropriate individual upon payment of the necessary
fees.
"Contained within the existing space" means conversion of a lawfully constructed
structure's existing floor area to create an accessory dwelling unit.
"Conversion" or "convert(ed)" means to remodel a legally constructed structure to
an accessory dwelling unit or to construct a new accessory dwelling unit in the same
location and to the same dimensions as an existing accessory 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 or
detached accessory dwelling unit. 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.
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"Floor areaspace" means the total horizontal floor area in square feet 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 a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public. the
same as "transit station" as defined by Government Code Section 65460.1(b)(5).
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures.
"Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1).
"Story" means the portion of a building as defined in Section 21.72.020.S, including
a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles
are parked on a driveway or in any other location on a lot, lined up behind one another.
SECTION 8. R-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 the
parameters 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 than
three feet in diameter);
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13.14. Schools - K-12, public;
14.15. Single-family dwellings;
15.16. Supportive housing;
16.17. Transitional housing.
SECTION 9. R-D Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.040.B (Permitted uses in R-D (Two-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
B. Permitted uses in R-D (Two-family) zoning district. The following uses are permitted
with a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Duplexes;
3.4. Family child day care homes, small;
4.5. Garage/yard sales, private;
5.6. Groundwater recharge facilities;
6.7. Hobby car restoration;
7.8. Home occupations;
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-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;
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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-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.060.B (Permitted uses in R-2 (Multiple-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
B. Permitted uses in R-2 (Multiple-family) zoning district. The following uses are permitted
with a zoning clearance in compliance with Chapter 21.40, (Zoning Clearances):
1. Accessory structures;
2. Accessory dwelling units;
2.3. Apartments;
3.4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6.7. Groundwater recharge facilities;
7.8. Home occupations;
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 12. 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;
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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.
SECTION 13. P-D Zoning District Allowable Uses: Campbell Municipal Code Section
21.12.030.D (Allowable uses in the P-D zoning district) is amended to read as follows with
underlining indicating new text and strikeouts (strikeout) indicating deleted text:
Allowable uses in the P-D zoning district. Any use or development that is determined
to be consistent with the General Plan of the city may be approved in the planned
development zoning district, subject to the criteria established in subsection (G)(6) of this
section. Development plans shall be approved either through an administrative planned
development permit, in compliance with subsection (G)(1) of this section, or by City Council
resolution or ordinance, in compliance with subsection (G)(9) of this section, except for
construction of an accessory dwelling unit unrelated to a proposed or approved planned
development permit which shall be approved ministerially pursuant to Chapter 21.23
(Accessory Dwelling Units). In order to aid the City Council in adoption of a resolution or
ordinance, the planning commission shall also hold a public hearing and shall transmit its
findings and recommendations by resolution to the City Council. Establishment of a liquor
establishments or a liquor store shall require approval of a conditional use permit pursuant
to the requirements of Chapter 21.46, (Conditional Use Permits).
SECTION 14. Scope of Work: Campbell Municipal Code Section 18.32.010 (Definition of
"Scope of Work.") is amended to read as follows with underlining indicating new text and
strikeouts (strikeout) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
A project submitted as a "Remodel" or "Remodel and Addition," or a "Remodel of an
accessory structure to create an accessory dwelling unit" (or similar scope of work) shall
instead be considered and defined as a "New Dwelling using portions of the original
structure" when at least three of the following criteria are satisfied:
1. The valuation of the proposed work exceeds one hundred eighty-five thousand
dollars (valuation calculated using established Valuation Tables published by the
International Code Council (ICC) and modified by the Building Division);
2. Seventy-five percent or more of the existing roof framing (Area) is proposed to be
removed. Existing roof covered by a new roof shall be considered as removed for
the purposes of this calculation;
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3. Seventy-five percent or more of the existing exterior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new exterior
walls exceed more than seventy-five percent of the length of the existing exterior
walls as determined by the building official. Nonconforming exterior walls shall not
be included in the twenty-five percent remaining calculation (this subsection shall
not apply to a proposed conversion of an accessory structure to an accessory
dwelling unit);
4. Seventy-five percent or more of the existing interior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new interior walls
exceed more than seventy-five percent of the length of the existing interior walls
as determined by the building official.
SECTION 15. Non-Conforming Limitations: Campbell Municipal Code Section 21.58.050.F
(Exceptions) is amended to read as follows with underlining indicating new text and
strikeouts (strikeout) indicating deleted text:
F. Exceptions. The following exceptions apply to all lawfully constructed structures,
except for detached accessory dwelling units:
1. Failure to meet setbacks. A structure that fails to meet the setback
requirements for the zoning districts in which it is located may be added to or
enlarged in compliance with the following criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback requirements;
and
e. When required by Chapter 21.42 (Site and architectural review) Tthe
decision-making body approving the site and architectural review permit
for the addition or enlargement finds that the addition or enlargement will
not be detrimental to the public health, safety, or general welfare of
persons residing in the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures in the San Tomas area may be
added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained
at the community development department.
d. In the case of conflict between the San Tomas neighborhood plan policy
"E" and the requirements contained in this chapter, policy "E" of the plan
shall prevail.
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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 16. Allowable Density: Table 2-1 of Section 21.040.020, is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text:
TABLE 2-1
Zoning Districts and General Plan Designations
Zone Map
Symbol Zoning District Name
General Plan Land Use Designation
Dwelling Units/Acre Implemented by
Zoning District
Residential Zoning Districts (1)
R-1-10, 16 Single-Family, 10,000 or 16,000
square foot minimum lot size
Low Density Residential, Less than 3.5
d.u./gross acre
R-1-8, 9 Single-Family, 8,000 or 9,000
square foot minimum lot size
Low Density Residential, Less than 4.5
d.u./gross acre
R-1-6 Single-Family, 6,000 square
foot minimum lot size
Low Density Residential, Less than 6
d.u./gross acre
R-D Two-Family District Low-Medium Density Residential, 6-13
d.u./gross acre
R-M Multiple-Family Low-Medium Density Residential, 6-13
d.u./gross acre
R-2 Multiple-Family Medium Density Residential, 14-20
d.u./gross acre
R-3 Multiple-Family High Density Residential, 21-27
d.u./gross acre
Commercial Zoning Districts
P-O Professional Office Professional Office
C-1 Neighborhood Commercial Neighborhood Commercial
C-2 General Commercial General Commercial
C-3 Central Business District Central Commercial
Industrial Zoning Districts
C-M Controlled Manufacturing Research and Development
Formatted: list1, Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 6 + Alignment: Left + Aligned at: 0.3"
+ Indent at: 0.5"
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M-1 Light Industrial Light Industrial
Special Purpose Zoning Districts
C-PD Condominium Planned
Development
See Section 21.12.020 (C-PD
(Condominium Planned Development)
zoning district)
P-D Planned Development See Section 21.12.030 (P-D (Planned
Development) zoning district)
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 17: Definitions of Driveway: The following definition is added to subsection D of
Campbell Municipal Code section 21.72.020 between the definitions of "Drive-through
/drive-up service/drive-up window" and "Dry cleaning" to read as follows, with underlining
indicating new text:
"Driveway" means a paved access way leading from a public right-of-way, or from
the edge of an easement 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 18: 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 19: Park Impact Fee Definition: The definition of "secondary living units" in
Campbell Municipal Code section 20.24.020(o) is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
20.24.020 - Definitions.
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(o) "Secondary living units" means any accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code or any residential unit
of less than six hundred forty square feet which is clearly secondary to the main
use of the property. Examples of units that are secondary include caretakers
quarters of less than six hundred forty square feet on a commercial parcel or a
pastor's residence of less than six hundred forty square feet on a church site.
SECTION 20: Residential Project Definition: The definition of "residential project" in
Campbell Municipal Code section 21.24.030 is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
"Residential project" means any parcel map, subdivision map, conditional use
permit, site and architectural review permit, building permit, or other city approval, which
authorizes ten or more living units or residential lots, or living units and residential lots with
ten or more in combination., exclusive of any proposed accessory dwelling units. In order
to prevent evasion of the provisions of this chapter, contemporaneous construction of ten
or more living units on a lot, or on contiguous lots for which there is evidence of common
ownership or control, even though not covered by the same city land use approval, shall
also be considered a residential project. Construction shall be considered
contemporaneous for all units which do not have completed final inspections for occupancy
and which have outstanding, at any one time, any one or more of the following: parcel map,
subdivision map, or other discretionary city land use approvals, or building permits, or
applications for such an approval or permits. A pending project shall not be considered a
residential project under this chapter.
SECTION 21. Accessory structures: Campbell Municipal Code Section 21.36.020
(Accessory structures) is amended to read as follows with underlining indicating new text
and strikeouts (strikeout) indicating deleted text:
21.36.020 - Accessory structures.
This section provides standards for accessory structures that are physically detached
from, and subordinate to, the main structure on the site. The standards contained in this
section pertain to all properties except when otherwise provided for by a development
agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping
quarters or a kitchen facilities. The number of allowed plumbing fixtures shall be
limited to two fixtures and may only include a toilet, sink, hot water heater or 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:
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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.
SECTION 22. Delayed Enforcement: New Chapter 18.30 (Delayed Enforcement) is hereby
added to Title 18 (Building Codes and Regulations) of the Campbell Municipal Code to
read as follows:
18.30.10 – Adoption
(a) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, the Building Official, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard for five years, subject to compliance with Section
17980.12 of the Health and Safety Code if:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, if the City
of Campbell, at the time the accessory dwelling unit was built, had a
noncompliant accessory dwelling unit ordinance (as determined by the
Department of Housing and Community Development), but the ordinance is
compliant at the time the request is made.
(b) The Building Official shall deny the application for delay if the Building Official
determines that correcting the violation is necessary to protect health and safety.
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Packet Pg. 221 Attachment: Highlighted Alternate Draft Ordinance (Revised per State Law) (PLN2017-375 ~ ADU Ordinance Update)
Page 23 of 23
18.30.20 – Notice
If a property owner exercises the delay in enforcement provided for by this Chapter,
the Building Official shall record a “Notice of Delayed Enforcement” on the title of the
subject property with the County Clerk-Recorder that shall identify the deficiencies of the
accessory dwelling unit and the termination date of the enforcement delay.
18.30.30 – Termination
The Building Official shall not approve any applications pursuant to this Chapter on
or after January 1, 2030. However, any delay that was approved by the Building Official
before January 1, 2030, shall be valid for the full term of the delay that was approved at
the time of the initial approval of the application.
SECTION 23: 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
9.g
Packet Pg. 222 Attachment: Highlighted Alternate Draft Ordinance (Revised per State Law) (PLN2017-375 ~ ADU Ordinance Update)
From:My Nguyen
To:Planning Division
Cc:Victoria Hernandez
Subject:ADU minimum lot size reduction request
Date:Wednesday, October 18, 2017 9:39:47 AM
Hello,
At the city council meeting yesterday, I made a request to reduce the minimum lot size requirementscurrently from the 10,000sqft to something more reasonable. With the trend of many bay area citiesreducing their requirements such as Palo Alto to 5000 and Mountain View to no limit, what would thenext steps be for Campbell to change the current requirements? What would I need to do to move thisalong?
Thank you,
+My
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Packet Pg. 223 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Squarespace
To:Planning Division
Subject:Form Submission - New Form - ADU to be included as next topic in GPAC meeting.
Date:Monday, August 14, 2017 9:23:51 PM
Name: shirley chan
Email Address:
Subject: ADU to be included as next topic in GPAC meeting.
Message: I'm reaching out to the City of Campbell Planning department to discussconsiderations to adjusting the current ADU minimum lot size requirement. While Iam happy to see the State of California has relaxed some laws in 2017 on buildingADU's as a way to increase affordable housing, I am disappointed the City ofCampbell did not reduce the lot size requirements. Current code indicates minimumlot size to be 10,000 sq ft.
ASK: how can I have the city council and/or planning department to consider areduction in the lot size requirements of ADU's? Could this be part of theconsideration as the city is going through Envision Campbell General Plan Updateprocess? Can this be included in one of the agenda items for the next GPACmeeting?
A recent Mercury news article discusses some of the reason and rationale to easingrules to build granny units as a source of affordable housing.
Here are some findings by the city of Palo Alto on ADU's:Housing in California is becoming increasingly unaffordable. The average Californiahome currently costs about 2.5 times the national average home price and themonthly rent is 50% higher than the rest of the nation. Rent in San Francisco, SanJose, Oakland, and Los Angeles are among the top 10 most unaffordable in thenation. With rising population growth, California must not only provide housing butalso ensure affordability. It is estimated that 63 percent of extremely low income renter households and 75percent of extremely low income owner households overpaid for housing in 2010. Ofthe estimated 1,520 low income households, 75 percent of renter households and 44percent of homeowner households paid more than 30 percent of their income forhousing.The Palo Alto City Council, recognizing the severity of the regional housing crisis,requested that the Planning and Transportation Commission review constraintsaffecting the production of second (accessory) dwelling units and recommendmodifications to the City development standards.While existing law enables accessory dwellings as a source of housing, recent studiesshow that local standards like P unintentionally, prevent homeowners frombuildingADUs with standards like lot coverage, large setbacks, offstreet parking, or costlyconstruction requirements.
What other cities have done (just to name a few):City of San Jose adjusted their ADU requirement - Instead of requiring 6,000 to8,000 square feet of land for granny units, homeowners only need 5,445 squarefeet.
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Packet Pg. 224 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
City of Mountain view has changed there lot size requirement to: NO MINIMUM.City of Palo Alto has changed their lot size requirements to be 5,000 sq ft.City of Redwood City lot size requirement is: NO MINIMUM.
(Sent via Envision Campbell)
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Packet Pg. 225 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Mary Jo Townzen
To:Daniel Fama
Subject:Lot Size Requirement for Granny Unit
Date:Wednesday, October 25, 2017 11:43:21 AM
Hi Daniel,
Thank you for your time over the phone yesterday. My husband and I own and reside at 752 Craig
Avenue in Campbell. Our lot is a corner lot that is over 9,000 square feet.
We are interested in adding a granny unit and want to be kept in the loop as to the City Council's
consideration of reducing the lot size requirement from 10,000 square feet.
Please keep us on the interest list and let us know how and when we can participate in any
proceedings where this is being considered. Thank you for all your assistance.
Sincerely,
Mary Jo Townzen
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Packet Pg. 226 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Larry Hayes
To:Daniel Fama
Subject:Campbell ADUs
Date:Thursday, November 02, 2017 2:33:05 PM
Importance:High
Hi Daniel:
I’m a long time Campbell resident and very interested in building an
ADU in my backyard. Unfortunately, Campbell’s current housing
regulations require a 10,000 sq ft lot which I don’t have.
Please let me know when ADUs come up again on the city council agenda as I
would like to address this issue. Many cities are reducing lot size, cutting
red tape and costs to encourage more ADUs to be built. For example,
Sunnyvale recently reduced their minimum lot size to 8,000 vs. 10,000.
San Jose and Palo Alto have done the same.
Regards,
Larry Hayes
Campbell
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Packet Pg. 227 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From: My Nguyen Jan 3, 2018
Campbell, CA 95008
To: Paul Kermoyan
Community Development Director
Community Development Department
City of Campbell
70 N. First Street
Campbell, CA 95008
408.866.2140
Dear Mr. Kemoyan,
I would like to request that your planning department considers dropping the minimum lot size
requirements for Accessory Dwelling Units (ADU) from the current 10,000 sqft limit. With the
new CA laws established last year, many cities have reduced or eliminated the requirements as
outlined in the table below to allow for more housing. I have spoken previously at the city
council meeting in Dec, 2017 about this issue and I would like to get this issue addressed in for
the Feb 13th meeting. My vote would be for Campbell to have something similar to Cupertino
or at least reduce to minimum lot size requirements to 5000.
City Minimum Size Granny Unit Size Comments
San Jose 5455 400 sqft • ≤ 9,000 sf lot – 600 sf • 9,001 to 10,000 lot – 650 sf • >
10,000 lot – 800 sf
Santa Clara 6000 1200 sqft
Los Gatos 40,000 1000 sqft Has not changed.
Cupertino No minimum 800-1200 sqft Under 10,000sqft - Max is 800sqft; Over 10,000 sqft -
Max is 1200 sqft
Mountain
View
No minimum 700 sqft
Sunnyvale 8500 Going to 7000 with current proposals in R-0; 8000sqft
with R-1
Palo Alto 5000 450-900 sqft
Sincerely,
My Nguyen
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Packet Pg. 228 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
To Campbell Planning Commission: My name is Loren Due and I reside at 612 North Central Ave. I am writing today to discuss the recent changes for secondary units. I have been trying to add a secondary unit onto my property unsuccessfully because of the 10,000 sq ft lot requirement. My lot is 8,358 and I feel it is of adequate size to support a secondary unit. The main issue I am facing is I would like to convert my garage to a secondary unit and add a detached garage in my rear setback. My side yard is currently paved but only has a width of 12 feet. If I added a garage in the rear setback I would not meet the 13 feet minimum for a driveway. I feel the City of Campbell is not being fair with the intent of the new California Secondary Unit law. The intent of the law is to allow homeowners to build secondary units and the City of Campbell is making it impossible for medium sized homes. I ask that you consider reducing the size to 8,000 and/or ease the restriction of the driveways to allow people to build detached garages. If my lot was 10,000 sq ft then I would be allowed to have a driveway under 13 feet in width and a secondary unit. I find this unfair and do not understand why a lot bigger than mine is allowed special privileges. If I am not allowed to build a secondary unit then I would like to legally convert my garage to habitual space and provide the necessary covered parking in the rear of the property. There are several homes on my street with driveway less than 13 feet with detached garages in the rear setbacks. I would like to have that privilege also. I thank you for your time and look forward to discussing this issue with you in person or via phone. Loren Due 612 North Central Ave
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Packet Pg. 229 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Larry Hayes
To:Daniel Fama
Cc:Gloria Hayes
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, December 27, 2017 3:19:43 PM
Attachments:image001.png
image002.png
AO50_Summer 2017_Yes in my backyard.pdf
Importance:High
Hi Daniel:
At your next Planning Commission meeting regarding ADUs, I strongly urge
changing the current mimimum size lot of 10,000 sq ft to 8,000 or less.
Many cities including San Jose, Sunnyvale and Palo Alto have recently reduced their
minimum size lot requirement to allow more ADUs to be built in an effort to help solve the
housing crisis in the Bay Area.
A Campbell resident for over 45 years—my wife and I own a house in Campbell with
a 8,400 sf ft lot, ideally suited for a small backyard home from 500 to 700 sq ft. We
would like to have the option of building a small ADU in our backyard which would
serve as a future place for us to live when we’re no longer able to live in our current
home.
Of course, this alone doesn’t solve the housing crisis in Campbell but in a small way, it helps
retirees like myself and others to remain living in our beloved neighborhoods as long as
possible.
Regards,
Larry & Gloria Hayes
Campbell
P.S. Attached is December 27, 2017 photo taken of a homeless family living in a parked car
on Hacienda Ave next to Kaiser medical. At least 6 RVs are parked on Dell Ave
due to the homelessness problem. I’m sure this is not the only place in Campbell
with people living on the street.
Also attached is an article about ADUs that appeared recently in the San Jose Mercury News
and ActiveOver50.
From: Daniel Fama <danielf@cityofcampbell.com>
Date: Tuesday, December 5, 2017 at 4:10 PM
To: Larry Hayes <larry@activeover50.com>
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Yes you can. Generally up to 2-3 minutes.
From: Larry Hayes [mailto:larry@activeover50.com]
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Packet Pg. 230 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
9.h
Packet Pg. 231 Attachment: Public Comment (PLN2017-375
12 / ActiveOver50 / Summer 2017
Backyard Homes
“Yes. In My Backyard”
By Pat Kapowich
Twenty years ago, most Bay Area homeowners were opposed to having secondary housing units in their next door neighbor's backyard. Similarly, Accessory Dwelling Units (ADUs) have swapped out "granny units" and "in-law quarters." Times change. Perhaps the housing shortage and aging population are why attitudes have been modified. Regardless, according to The California Department of Housing and Community Development, "changes to ADU laws (SB 1069, AB 2299 and AB 2406) will further reduce barriers, better streamline approval and expand capacity to accommodate the develop-ment of ADUs." The term “housing crisis” is now synonymous with the housing shortage. Young, old, rich or poor have all seen Bay Area rents skyrocket as supply plummets. The new laws deliberately
eased parking and requirements which will no doubt result in added housing stock for renters and rental income ADU owners. As a Realtor®, I know this is another option for many older adults who are traditionally unable or unwilling to sell and move. In fact, our Multiple Listing Service will include a search function for properties with an ADU.Accessory Dwelling Units—a.k.a. Secondary Dwelling Units or Accessory Living Units—are attached or detached new construction. Conversely, a Junior Accessory Dwelling Unit, (JADU) repurposes a room within the existing footprint of the single-family residence.JADUs have a separate entrance but no gas or 220-volt appliances and can be no more than 500 square feet. Two double locking doors are required to connect the unit to
the primary residence. The JADU requires an efficiency kitchen while a bathroom is optional. Senior citizens now referred to as "older adults" can maximize the newer term "aging in place." The ADU can accommodate guests, renters, family members or caregivers. Lest we forget, the homeowner has the option to live in the ADU while collecting rent on the larger home.Regardless, rental income in the backyards of retirees or a growing family is a safe investment. Thankfully, major banks are working on an ADU-specific loan home that will allow the future rents as a factor for qualifying. How much? You might ask. One newspaper article stated, "a rock-bottom new one can cost $50,000 to construct." We’re not talking sheds.Another reported $200,000 on the high end to complete. Reports also indicate speeding up the process with dramatic decreases in fee and costs. After interviews with the Garrison brothers of MC Contractors & Engi-neering, I thought it would be prudent to get real-world advice. Owner Mark Garrison currently has 20 permits open at different building departments from San Francisco to Gilroy. They also recently built a detached ADU in Los Gatos for $335,000. The permits were over 15% of the cost. Still a bargain today when 44-year old, 4-plexes sharing a laundry room, converted into condos, sell for $550,000+ accompanied by a $300+ monthly HOA fee.
Housing Guide
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Packet Pg. 232 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
ActiveOver50 / Summer 2017 / 13
Garrison confirmed a few of my concerns. Adding an ADU could trigger upgrading the existing home's old and undersized water, gas and sewer lines.“One can easily spend $75,000 in utility upgrades," he said. Utility companies bring their respective lines from the street to the single-family home. The contractor will then bring those lines to the ADU. Mark recalled an attached non-permitted ADU that triggered adding fire sprinklers to both dwellings.
The cost could reach $30,000 in plumbing, labor, fees and permits. Fire sprinklers are not mandated in ADUs if the existing house did not require them when built. However, building and fire departments might find a loophole. Mark's brother, Tim and author of Structural Concepts For the Non-Engineer, shared how many professionals could be hired for the process of building an ADU.
"The primary disciplines typically required are an architect, surveyor, civil engineer, planner, structural engineer and builder. There are secondary disciplines which may or may not be involved such as landscape architect and interior designer. Trade contractors usually handle disciplines such as electrical engineering and mechanical engi-neering. “If this site is steeply sloping, seismically active or has some other geological issue, you’ll likely need a geotechnical engineer,” Tim added. "If everything goes perfectly, six months minimum. If there are glitches—there’s no upper limit. Realistically I’d estimate a year." No matter—the “win-win” invest-ment and security of an ADU or JADU may well be worth the cost and wait.
Realtor® Pat Kapowich provides old-fashion service within a high-tech
world. Pat writes the Market Wise column for the San Jose Mercury
News and Bay Area News New Group.
He can be reached at 408. 245.7700 or Pat@SiliconValleyBroker.com.
SiliconValleyBroker.com.
9.h
Packet Pg. 233 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Emerson Muyco
To:Daniel Fama
Subject:Re: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Thursday, February 01, 2018 8:57:12 AM
Attachments:in law unit.pages
Hello Daniel. Written below and attached. thank you! Em
Dear City Councilman
As all know there is a housing crisis in the Bay Area and the city of Campbell is no
exception. I’m writing this letter in hopes to change the current Parking requirements for my
existing house (1219 Lovell Avenue. 95008) so that I can build an In Law house in the back
of my house for my mother to live in since becoming ill. My house has “lack of code-
complaint parking for the existing house (i.e., the uncovered parking space is not within the
required front setback).”
Currently my driveway is long enough to accommodate 2 cars. However it’s not enough
because I only have a one car garage and the driveway parking is within the front setback.
This would mean that I would really need a 40 feet driveway or a two-car garage to satisfy
the required parking. If you look at all the houses on my neighborhood most have single car
garages and none have that 40 feet driveway length needed to be compliant. I have discussed
this with the senior planner Daniel Fama. I would like to request to change this requirement
so that I can build a accessory dwelling in the back for my mother.
Thank you for you considerations.
Emerson Muyco
Campbell, Ca. 95008
On Wednesday, January 31, 2018, 10:50:37 AM PST, Daniel Fama <danielf@cityofcampbell.com>
wrote:
Hi Em – Can you send a “clean” email without the underlines?
From: Emerson Muyco [mailto:emm21@yahoo.com]
Sent: Friday, January 26, 2018 12:22 AM
To: Daniel Fama
Cc: Emerson Muyco
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hello Daniel. Attached is the revised version per your corrections. Let me know if u want me to
revise as needed. Thx. Reply back. Em
9.h
Packet Pg. 234 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Geoff Bradley
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, January 24, 2018 10:50:09 AM
Attachments:image001.png
Thanks Daniel. I would encourage you to take guidance from the HCD ADU Memo dated
12/2016 - page 8 (emphasis added):
Can a Local Government Apply Development Standards and Designate Areas? Yes,
local governments may apply development standards and may designate where ADUs are
permitted (GC Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing
structures must be allowed in all single family residential zones. For ADUs that require an
addition or a new accessory structure, development standards such as parking, height, lot
coverage, lot size and maximum unit size can be established with certain limitations. ADUs
can be avoided or allowed through an ancillary and separate discretionary process in areas
with health and safety risks such as high fire hazard areas. However, standards and allowable
areas must not be designed or applied in a manner that burdens the development of ADUs
and should maximize the potential for ADU development. Designating areas where ADUs are
allowed should be approached primarily on health and safety issues including water, sewer,
traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting
ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly
concentration or distance requirements (e.g., no less than 500 feet between ADUs) may
unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of
the Legislature.
GEOFF I. BRADLEY, AICP | PRINCIPAL + PRESIDENT
M-GROUP | A NEW DESIGN ON URBAN PLANNING
POLICY · DESIGN · ENVIRONMENTAL · HISTORIC · ENGAGEMENT · STAFFING
CAMPBELL | SANTA ROSA | NAPA | HAYWARD
307 Orchard City Drive, Suite 100 | Campbell | CA | 95008 | 408.340.5642 X102
From: Daniel Fama <danielf@cityofcampbell.com>
Sent: Wednesday, January 24, 2018 9:03:04 AM
To: Geoff Bradley
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hi Geoff – A reduction to lot size is not currently part of the update. However, based on
the public interest, it’ll undoubtedly be discussed at the meeting.
From: Geoff Bradley [mailto:GBradley@m-group.us]
Sent: Friday, January 19, 2018 4:16 PM
To: Daniel Fama
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
hi daniel -- thanks for keeping me in the loop on this. Is the city moving towards doing
away with the minimum lot size requirement for ADUs? This did seem explicit in the state
laws but I know some cities still have it...
9.h
Packet Pg. 235 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:charles serrin
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Tuesday, February 13, 2018 11:50:11 AM
Attachments:image004.png
image003.png
Daniel,
In looking at the pdf more, I am very surprised that Min Lot Size not being reduced in
tonight's meeting! Why not consider reduction to min-lot size? I understand other
planning variables, but seems so obvious a reduction is needed, notably in this very
stressed-out and lack of housing!
ALso confusing is that wording almost appears that ADU is allowed on "any single family"
zoning! Does that mean that I can simply apply for an ADU permit regardless?
? Can I just get an 'Exception' when I apply for a permit ? (as my Garage conversion is
perfect situation for ADU).
pg3: 4. Allowable Zoning Districts: Currently, an ADU may be only created on a
parcel within one of the "R-1" zoning districts. State law now requires the City to
allow an ADU in any zoning district where a single-family home could be
constructed.
OTher noted bullets in your document, just confirming I see these!:
The Council last discussed a reduction to the minimum lot area at an August 19,
2014 Housing Element Study Session. However, as was noted in the January 27,
2015 Planning Commission Housing Element Staff Report, the Council decided to
maintain the existing 10,000 square-foot minimum lot area.
Public Comment:Staff received the attached emails on this matter (reference
Attachment 4), with several residents urging a reduction to the 10,000 square-
foot minimum lot size.
I probably should call, but bet you are super busy with preparing for tonight's meeting! I
hope many people that wrote letters, and more, show up tonight to push for reduction!
At the least, allow exceptions for those that are very closely aligned to the intent and
integrity of a great ADU conversion!
Thanks again!
~Chuck
From: charles serrin
To: Daniel Fama <danielf@cityofcampbell.com>
Sent: Tuesday, February 13, 2018 11:15 AM
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Daniel,
Thank you for representing this, as this is VERY important to me and my future plans &
new NEEDS! I have my kids tonight, so cannot get to the meeting unfortunately :(
I did *NOT* see in agenda that you specifically are proposing a *REDUCTION* to
'MINIMUM Lot Size'!?!? Am I missing something when I read it? ... or are you in-fact
9.h
Packet Pg. 236 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
going to propose a change to the "min lot size"??
Your attachment has many letters expressing similar needs of reduction in the 'Min Lot
Size' ! Some have good value props and reasons. Mine is similar, but I'll do very
simple write-up in case another resident's needs would help!
- Newly Single Dad financially needs to rent out very well structured, matches house,
free-standing, long driveway and fully enclosed Garage.
----- Note: I need to rent garage out financially, as recent divorce payments demand
this. I have 2 little girls, so a roommate is NOT an option I will consider.
----- Footprint will stay same! Same existing garage exterior and footprint it is
currently. Just updating inside to rent-able and very comfortable.
----- I will do this very professionally and of highest design quality and materials!
----- I plan to have a tenant that is local working class that will greatly benefit form the
extreme shortage in housing!
- Lot size is 9,350 sq ft. House is only 1680 sq ft. Existing garage is 400 sq ft and on
rear half of lot! Driveway from front to back garage and like 8 ft wide.
- Just 0.8 miles from downtown and less than 0.5 miles from VTA Light-Rail Public
Transportation stop (hamilton).
Thanks for your time and representation,
~Chuck
From: Daniel Fama <danielf@cityofcampbell.com>
To:
Sent: Wednesday, February 7, 2018 3:58 PM
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Good Afternoon – The Planning Commission agenda has now been posted to the
website (see link below). The ADU Ordinance update is agendized as Item 1,
meaning that it will be heard promptly at 7:30 PM. If you have any questions, please
feel free to call or email.
http://www.cityofcampbell.com/AgendaCenter/ViewFile/Agenda/_02132018-1691
Daniel
Daniel Fama
Senior Planner
City of Campbell | Community Development Department
70 N. First Street | Campbell, CA 95008
www.cityofcampbell.com | 408.866.2193
From: Daniel Fama
Sent: Friday, January 19, 2018 2:04 PM
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
9.h
Packet Pg. 237 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Larry Hayes
To:Daniel Fama; shirleychan4@gmail.com
Cc:myinbox50@gmail.com; emm21@yahoo.com; mjtownzen@aol.com; GBradley@m-group.us; info@staccna.org;
akeyser2000@gmail.com; vince@sccaor.com; josh.roza@gmail.com; neinavay@gmail.com; slf1@strombotnelaw.com;
dangouw@msn.com; voodue2@hotmail.com; cserrin@yahoo.com; RJmasiello@sbcglobal.net; fred.weber@gmail.com
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, February 14, 2018 2:50:31 PM
Attachments:image005.png
image002.png
6C87DE95-3E2A-48D3-8124-C8D21D962804[6].png
Hi Daniel:
Allowing ADU’s to be built in Campbell on smaller lots is an important piece of the housing
puzzle. The housing crisis is real and getting worse.
To recap my talk last night:
• Reduce the minimum size lot required in Campbell from 10,000 sq ft to 8,000 or smaller
• Cut the red tape and high fees associated with ADU permits
• Simplify and expedite the approval process
My wife and I—both in our 70s— have lived in Campbell as homeowners for over 40 years. Like most older
adults, we may have to
downsize at some point. Building and living in a small home in our own backyard—500-700 sq ft—would allow
for multi-generational
living. We in the backyard maintaining our independence and our kids taking over the main house.
Looking forward to the next step.
Larry & Gloria Hayes
Larry W. Hayes
CEO/Publisher
408.921.5806
Larry@ActiveOver50.com
http://www.ActiveOver50.com
From: Shirley Chan <shirleychan4@gmail.com>
Date: Wednesday, February 14, 2018 at 1:13 PM
To: Daniel Fama <danielf@cityofcampbell.com>
Cc: "myinbox50@gmail.com" <myinbox50@gmail.com>, Larry Hayes <larry@activeover50.com>,
"emm21@yahoo.com" <emm21@yahoo.com>, "mjtownzen@aol.com" <mjtownzen@aol.com>,
"GBradley@m-group.us" <GBradley@m-group.us>, "info@staccna.org" <info@staccna.org>,
"akeyser2000@gmail.com" <akeyser2000@gmail.com>, "vince@sccaor.com" <vince@sccaor.com>,
"josh.roza@gmail.com" <josh.roza@gmail.com>, "neinavay@gmail.com" <neinavay@gmail.com>,
"slf1@strombotnelaw.com" <slf1@strombotnelaw.com>, "dangouw@msn.com" <dangouw@msn.com>,
"voodue2@hotmail.com" <voodue2@hotmail.com>, "cserrin@yahoo.com" <cserrin@yahoo.com>,
"RJmasiello@sbcglobal.net" <RJmasiello@sbcglobal.net>, "fred.weber@gmail.com"
<fred.weber@gmail.com>
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
9.h
Packet Pg. 238 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Shirley Chan
To:Daniel Fama
Cc:
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, February 14, 2018 1:13:37 PM
Attachments:image005.png
image002.png
Daniel,
Thank you for keeping us up-to-date and posted on this topic. As folks in attendance in
yesterday's meeting is aware, this is a passionate issue - to many.
Here are my proposals:
1. Reduce minimum lot size requirement. Change is reflected in YELLOW.This is really a rudimentary
change - in other words, this suggestion is basically slapping on two new additions to lot size requirements.
2. Allow second story ADU, Main structure maximum height: 35 ft./2 ½ stories ...same as a single family home.
3. What other cities have done:
City of San Jose adjusted their ADU requirement - Instead of requiring 6,000 to 8,000 square feet
of land for granny units, homeowners only need 5,445 square feet.
City of Mountain view and Santa Clara has changed there lot size requirement to: NO MINIMUM.
City of Palo Alto has changed their lot size requirements to be 5,000 sq ft.
City of Redwood City lot size requirement is: NO MINIMUM.
4. This is a great article about how cities can make ADU's a success:
https://www.citylab.com/design/2017/11/how-cities-get-granny-flats-wrong/546392/
On Wed, Feb 14, 2018 at 11:09 AM, Daniel Fama <danielf@cityofcampbell.com> wrote:
Good Morning – As some of you may know, the Planning Commission took action to continue
last night’s public hearing to a future date. This means that the tentative March 20th City
Council hearing will not occur.
Minimum Net Lot Area Maximum
Floorspace or
Living Area
8,000-8,999 500 sq ft
9,000-9,999 600 sq. ft
10,000—10,999 sq. ft.700 sq. ft.
11,000—11,999 sq. ft. 800 sq. ft.
12,000—12,999 sq. ft. 900 sq. ft.
13,000—13,999 sq. ft. 1,000 sq. ft.
14,000—14,999 sq. ft. 1,100 sq. ft.
15,000 sq. ft. or greater 1,200 sq. ft.
9.h
Packet Pg. 239 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Geoff Bradley
To:Larry Hayes; Daniel Fama; shirleychan4@gmail.com
Cc:
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Wednesday, February 14, 2018 10:10:23 PM
Attachments:image005.png
image002.png
6C87DE95-3E2A-48D3-8124-C8D21D962804[6].png
Hi -- Thank you for this information. For those interested in this topic I recommend this book:
Backyard Revolution: The Definitive Guide to ADU Development
by Kol Peterson - 2018
I had the good fortune to hear the author speak at an event hosted by 21Elements; a group comprised of
all 20 cities in San Mateo County, plus the county itself dedicated to housing issues. This is comprehensive
analysis of ADUs and the barriers to them that are typical, and often overcome by motivated
communities.
ADUs represent a unique opportunity to harness the vast amount of land devoted to single family homes
to provide opportunities for the development of many small, dispersed, no-impact housing units to serve
those most in need of safe & decent housing.
Minimum lot sizes are not consistent with state law currently and should not be used except to protect
sensitive environmental areas.
Daniel, if you could forward this email chain to the PC members I would appreciate it.
thanks,
GEOFF I. BRADLEY, AICP | PRINCIPAL + PRESIDENT
M-GROUP | A NEW DESIGN ON URBAN PLANNING
POLICY · DESIGN · ENVIRONMENTAL · HISTORIC · ENGAGEMENT · STAFFING
CAMPBELL | SANTA ROSA | NAPA | HAYWARD
307 Orchard City Drive, Suite 100 | Campbell | CA | 95008 | 408.340.5642 X102
From: Larry Hayes <larry@activeover50.com>
Sent: Wednesday, February 14, 2018 2:42 PM
To: Daniel Fama; shirleychan4@gmail.com
Cc: myinbox50@gmail.com; emm21@yahoo.com; mjtownzen@aol.com; Geoff Bradley; info@staccna.org;
akeyser2000@gmail.com; vince@sccaor.com; josh.roza@gmail.com; neinavay@gmail.com;
slf1@strombotnelaw.com; dangouw@msn.com; voodue2@hotmail.com; cserrin@yahoo.com;
RJmasiello@sbcglobal.net; fred.weber@gmail.com
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hi Daniel:
Allowing ADU’s to be built in Campbell on smaller lots is an important piece of the housing
9.h
Packet Pg. 240 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:DonkyHooty
To:Shirley Chan
Cc:Daniel Fama;
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Friday, February 16, 2018 2:01:31 PM
Attachments:image005.pngimage002.png
Hi, Daniel,
I would propose we reduce the complexity of the table. While I am in favor of no minimum lot sizerequirements, another proposal could be the following:Lot Size, Max ADU5000-7999, 500 sqft8000-10,999, 800 sqft>10,999, 1200 sqft
I would also discourage deed restrictions as discussed in the planning meeting. There are enoughregulations and if affordable housing is an objective, see how ADU have affected Portland(https://www.npr.org/2017/08/15/543481719/-granny-pods-help-keep-portland-affordable)
I would also propose to reduce permit and other fees for ADU to encourage people to build ADU.
Best Regards,My
On Wed, Feb 14, 2018 at 1:13 PM, Shirley Chan <shirleychan4@gmail.com> wrote:Daniel,Thank you for keeping us up-to-date and posted on this topic. As folks in attendance inyesterday's meeting is aware, this is a passionate issue - to many.
Here are my proposals:
1. Reduce minimum lot size requirement. Change is reflected in YELLOW. This is really a rudimentary
change - in other words, this suggestion is basically slapping on two new additions to lot size requirements.
2. Allow second story ADU, Main structure maximum height: 35 ft./2 ½ stories ...same as a single family home.
3. What other cities have done:
City of San Jose adjusted their ADU requirement - Instead of requiring 6,000 to 8,000 square feet
of land for granny units, homeowners only need 5,445 square feet.
City of Mountain view and Santa Clara has changed there lot size requirement to: NO MINIMUM.
Minimum Net Lot Area Maximum
Floorspace or
Living Area
8,000-8,999 500 sq ft
9,000-9,999 600 sq. ft
10,000—10,999 sq. ft. 700 sq. ft.
11,000—11,999 sq. ft.800 sq. ft.
12,000—12,999 sq. ft.900 sq. ft.
13,000—13,999 sq. ft. 1,000 sq. ft.
14,000—14,999 sq. ft.1,100 sq. ft.
15,000 sq. ft. or greater 1,200 sq. ft.
9.h
Packet Pg. 241 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
City of Palo Alto has changed their lot size requirements to be 5,000 sq ft.
City of Redwood City lot size requirement is: NO MINIMUM.
4. This is a great article about how cities can make ADU's a success:
https://www.citylab.com/design/2017/11/how-cities-get-granny-flats-wrong/546392/
On Wed, Feb 14, 2018 at 11:09 AM, Daniel Fama <danielf@cityofcampbell.com> wrote:
Good Morning – As some of you may know, the Planning Commission took action to continuelast night’s public hearing to a future date. This means that the tentative March 20th CityCouncil hearing will not occur.
The Commission asked staff to research the ADU/housing policies of other Santa Clara Countycities and to provide options and analysis for reducing the minimum lot area, allowing ADUs insecond-stories, and possible incentives. This work will take some time, so it is likely to be atleast a couple of months before we schedule a follow-up meeting with the PlanningCommission.
If you have any ideas that you would like to share, please email or call. Otherwise, I will be intouch once we are ready to schedule another Planning Commission hearing.
Daniel
From: Daniel Fama Sent: Wednesday, February 07, 2018 3:59 PM
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Good Afternoon – The Planning Commission agenda has now been posted to the website (seelink below). The ADU Ordinance update is agendized as Item 1, meaning that it will be heardpromptly at 7:30 PM. If you have any questions, please feel free to call or email.
http://www.cityofcampbell.com/AgendaCenter/ViewFile/Agenda/_02132018-1691
Daniel
Daniel Fama
9.h
Packet Pg. 242 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Senior PlannerCity of Campbell | Community Development Department
70 N. First Street | Campbell, CA 95008
www.cityofcampbell.com | 408.866.2193
From: Daniel Fama Sent: Friday, January 19, 2018 2:04 PMSubject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hello All – We will be scheduling a Planning Commission hearing for the updated ADU Ordinanceon February 13th (7:30 PM) with a City Council hearing tentatively scheduled for March20th. Your correspondence will be included in the staff reports provided to the Commission andCouncil. You may also attend the meetings and speak on the matter. The staff report and draftordinance will be published on the agenda web page by Thursday February 8th.
Thank you,
Daniel
From: Daniel Fama Sent: Wednesday, January 03, 2018 11:27 AMCc: Daniel FamaSubject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Happy New Year All – Please be aware that the Planning Commission public hearing forconsideration of the updated ADU ordinance has been tentatively rescheduled for February13th pending clearance by the City Attorney’s Office.
Daniel
From: Daniel Fama Sent: Tuesday, December 05, 2017 11:48 AMSubject: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hello – The Campbell Planning Division is preparing an update to the City’s Accessory DwellingUnit Ordinance for consistency with recent State legislation (AB 494 and SB 229). The scope ofthe update includes revisions to parking requirements, allowable zoning districts, standards forconversions of accessory structures, and various definitional changes.
9.h
Packet Pg. 243 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
We are preparing an email list to keep interested parties informed of upcoming public hearingson this matter. Your email has been added to this list due to a previous request or expressedinterest. If you would like to be removed from the interest list or are aware of other individualswho would like to be added, please let me know.
At current time, we are tentatively scheduling a January 23rd Planning Commission publichearing on the updated ADU ordinance. This date will be confirmed by the end of the year.
Thank you,
Daniel
Daniel Fama
Senior PlannerCity of Campbell | Community Development Department
70 N. First Street | Campbell, CA 95008
www.cityofcampbell.com | 408.866.2193
9.h
Packet Pg. 244 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Josh Roza
To:DonkyHooty
Cc:
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Date:Monday, February 19, 2018 3:43:31 AM
Attachments:image002.png
image005.png
I don't know if Adus are the answer to the housing crisis for some of the reasons stated at the
meeting. The number of properties that would qualify is so minimal even if every lot size listed at the
meeting qualifies and built, there would only be a few thousand more units.
There are other issues with the building codes that will disqualify more lots, like you are allowed 1
dwelling, 1 accessory structure up to 1000sqft and then any other structure can not exceed 200sqft
this means that if you have a house and a detached garage, you are not allowed another structure
over 200sqft, making it even harder to build an adu if you Can't build a second story on your garage.
I am heartened to hear that there is a request from the commissioners to look at allowing a second
floor above a detached garage.
The most important thing I learned is that you need to pay attention to the time clock as we were
granted 3 minutes and the clock only granted 2 minutes. The second thing is that any member of the
community may address the commission on any item NOT on the agenda for up to 5 minutes. This
means we can show up every 2 weeks and press our point 5 minutes per speaker.
Josh
On Feb 17, 2018 05:56, "DonkyHooty" <myinbox50@gmail.com> wrote:
Hi, Daniel,
I would propose we reduce the complexity of the table. While I am in favor of no minimum lot size
requirements, another proposal could be the following:
Lot Size, Max ADU
5000-7999, 500 sqft
8000-10,999, 800 sqft
>10,999, 1200 sqft
I would also discourage deed restrictions as discussed in the planning meeting. There are enough
regulations and if affordable housing is an objective, see how ADU have affected Portland
(https://www.npr.org/2017/08/15/543481719/-granny-pods-help-keep-portland-affordable)
I would also propose to reduce permit and other fees for ADU to encourage people to build ADU.
Best Regards,
My
On Wed, Feb 14, 2018 at 1:13 PM, Shirley Chan <shirleychan4@gmail.com> wrote:
Daniel,
Thank you for keeping us up-to-date and posted on this topic. As folks in attendance in
yesterday's meeting is aware, this is a passionate issue - to many.
Here are my proposals:
1. Reduce minimum lot size requirement. Change is reflected in YELLOW.This is really a rudimentary
change - in other words, this suggestion is basically slapping on two new additions to lot size requirements.
Minimum Net Lot Area Maximum
Floorspace or
Living Area
8,000-8,999 500 sq ft
9,000-9,999 600 sq. ft
10,000—10,999 sq. ft.700 sq. ft.
9.h
Packet Pg. 245 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
From:Rahmatollah Ahmadi
To:Daniel Fama
Subject:1077 Longfellow Ave.
Date:Friday, March 23, 2018 11:40:25 AM
Hello;
We own this house for the past 25 years. We wish to create a secondary unit withinthis property but the planning department tells us that since the land is less than10,000 sq.ft. we are not allowed to.
Our land is backed against the highway 85 and a section of 200 sq. ft. is left to ouruse by the transportation department. This is because the wall is further away fromour property and have created this strip of vacant and unusable by thetransportation department.
the transportation department has no immediate use for this strip of land. and tellsus we can count it as our backyard in exchange for occasional access of thedepartment to the wall through our property.
. The planning department does not recognize this section for the consideration ofthe 10,000 requirement.
They told me that you are working on adjusting these requirements to better reflectthe housing need of the city.
Please keep me in your mailing list and let me know what changes you are making.Also I would appreciate if you consider those properties like ours that have somestrip of land dedicated to them but not on the deed. Certainly this is a piece of landto count on.
Sincerely Yours
BJ Ahmadi
9.h
Packet Pg. 246 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Larry Hayes
Sent:Sunday, April 15, 2018 4:03 PM
To:DonkyHooty; Shirley Chan
Cc:Daniel Fama;
Vincent Sy
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
The Campbell Planning Department wants ADUs. Campbell homeowners want ADUs—with changes:
Reduced minimum lot size or no lot size requirement like many other Bay Area cities. Plus reduced permit
fees and faster turnaround.
Let’s speed up the process and make it happen.
Larry
Larry W. Hayes
CEO/Publisher
408.921.5806
Larry@ActiveOver50.com
http://www.ActiveOver50.com
From: DonkyHooty <myinbox50@gmail.com>
Date: Friday, April 13, 2018 at 8:17 AM
To: Shirley Chan <shirleychan4@gmail.com>
Cc: Daniel Fama <danielf@cityofcampbell.com>, Larry Hayes <larry@activeover50.com>,
"emm21@yahoo.com" <emm21@yahoo.com>, "mjtownzen@aol.com" <mjtownzen@aol.com>,
"GBradley@m-group.us" <GBradley@m-group.us>, "info@staccna.org" <info@staccna.org>,
"akeyser2000@gmail.com" <akeyser2000@gmail.com>, "vince@sccaor.com" <vince@sccaor.com>,
"josh.roza@gmail.com" <josh.roza@gmail.com>, "neinavay@gmail.com" <neinavay@gmail.com>,
"slf1@strombotnelaw.com" <slf1@strombotnelaw.com>, "dangouw@msn.com" <dangouw@msn.com>,
"voodue2@hotmail.com" <voodue2@hotmail.com>, "cserrin@yahoo.com" <cserrin@yahoo.com>,
"RJmasiello@sbcglobal.net" <RJmasiello@sbcglobal.net>, "fred.weber@gmail.com"
<fred.weber@gmail.com>, Vincent Sy <vincesy@yahoo.com>
Subject: Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Shirley,
Thank you for the article. I hope the Campbell Planning Department and Commission accelerates their assessment
on ADU viability and becomes a leader for other california cities to promote better AU policies.
Best Regards,
My
9.h
Packet Pg. 247 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Geoff Bradley <GBradley@m-group.us>
Sent:Tuesday, April 03, 2018 3:18 PM
To:Daniel Fama
Subject:Fw: ADU Summary Sheet for Santa Clara County
Attachments:ADUs in Santa Clara County_v2.xlsx; jurisdiction-ordinances.xlsx
Hi Daniel -- here is some research that we did internally here at m-group last month. Feel free to use it as a
starting point if it is helpful.
GEOFF I. BRADLEY, AICP | PRINCIPAL + PRESIDENT
M-GROUP
|
A NEW DESIGN ON URBAN PLANNING
POLICY · DESIGN · ENVIRONMENTAL · HISTORIC · ENGAGEMENT · STAFFING
CAMPBELL | SANTA ROSA | NAPA | HAYWARD
307 Orchard City Drive, Suite 100 | Campbell | CA | 95008 | 408.340.5642 X102
From: Justin Shiu
Sent: Wednesday, March 7, 2018 11:37 AM
To: Geoff Bradley
Cc: Kristi Bascom
Subject: RE: ADU Summary Sheet for Santa Clara County
Thanks Geoff,
Attached is an update file and a list of updated ADU ordinances received by HCD. Also see comments below.
From: Geoff Bradley
Sent: Wednesday, March 7, 2018 10:54 AM
To: Justin Shiu <JShiu@m-group.us>
Cc: Kristi Bascom <KBascom@m-group.us>
Subject: Re: ADU Summary Sheet for Santa Clara County
thanks Justin! some questions:
What does Not Received by HCD mean? Do they not have any zoning codes for ADUs?
HCD maintains a list of updated ADU ordinances that were sent to them – the most recent list was from
2/27/18. They also have PDFs of the adopted ordinances linked in their spreadsheet (attached).
for Saratoga can you include the regular R-1 zones they have; like you did for s'vale; I think the smallest is R-1-
10 which means they would allow it on a 9,000 s.f. lot minimum?
Added
for campbell include the current park fee: $7309
9.h
Packet Pg. 248 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Attached Detached*Campbell Received by HCD, 2016https://library.municode.com/ca/campbell/codes/code_of_ordinances?nodeId=TIT21ZO_ART3DEOPST_CH21.23ACDWUN10000sf Based on lot size:10,000 sf lot = 700 sf ADU**For each additional 1,000 sf in lot size, there is a corresponding 100 sf increase in ADU size (max of 1,200 sf ADU). Also attached ADUs can't be more than 50% of existing primary dwelling.Zoning district req.Zoning district req. Park Impact Fee: in-lieu fee $7309No more than 2 bedrooms, 2 bathrooms, and 1 kitchen.Design Review. Physical expansion or exterior alteration to an existing primary dwelling unit on a parcel that is subject to design review shall receive approval of the appropriate land use permit prior to submittal of ADU building permit.Constructed detached ADU shall have same materials and colors as primary; manufactured home only requires similar colors.Garages converted to ADUs shall include removal of garage doors.Front door of ADU not oriented toward public street.Cupertino Not confirmedhttp://www.cupertino.org/our-city/departments/community-development/planning/residential-development/accessory-dwelling-units10,000sf (if lot size is less it must be attached ADU, unless design is consistent with residence)10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the existing living space of the principal dwelling unit, whichever is more restrictive.Entrance screened from public street.Second story location only if: converting part of existing second story, attached to main dwelling, entry is not through exposed stair case, and does not intrude on privacy.Gilroy Received by HCD, 2018http://www.hcd.ca.gov/policy-research/docs/ordinances/gilroy-01-29-2018.pdfNo minimum 600 square feet, garages excluded. Attached shall be no more than 50% of primary dwelling.Zoning district req.6 foot side and rear. But if the ADU is closer than 5 feet to the primary dwelling, it shall comply with the zoning district setbacks.ADU entrances must be screened from street view.Window, door or deck of ADU designed to lessen views to adjacent property.ADU within historic site or neighborhood combining district is subject to design review procedures.Los Altos Not received by HCDLos Altos Hills Not received by HCDLos Gatos Not received by HCDMilpitas Not received by HCDMonte Sereno Received by HCD, 2017https://library.municode.com/ca/monte_sereno/codes/code_of_ordinances?nodeId=MUCO_TIT10PLZO_CH10.06GEPR_10.06.140ACDWUNSTRE8000sf Based on zoning:R-1-8. 600sf attached, 900sf detached.R-1-20. 700sf attached, 1000sf detached.R-1-44. 800sf attached, 1200sf detached.Attached shall be no more than 50% of existing primary dwelling living area.ADU setbacks comply with setbacks of accessory structures in respective zoningWaive planning fees if agreement to rent to low/very-low income HH for no less than 10 yearsADU shall match the roof pitch and form of the primary dwelling.Only one main entrance visible from adjacent street.Morgan Hill Not received by HCDMountain View Not received by HCD, but foundhttp://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=19853No minimum 700sf habitable, and 200sf for garage Zoning district req.5 side, 10 rear Detached ADU must be a minimum of 10 feet from the primary dwelling.Palo Alto Received by HCD, 2017http://library.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=california(paloalto_ca)$jumplink_q=[field%20folio-destination-name:%2718.42.040%27]$jumplink_md=target-id=JD_18.42.0405000sf , except 10 acres in OS district600 sf attached, not exceeding 50% existing primary dwelling living area.900 sf detached.Associated parking excluded from ADU floor area calculation but included in site total floor area calc.Zoning district req.6 feet from the side and rear. 16' from the street side. Daylight plane 1:1 starting 8 feet above lot line.Window, door or deck designed to lessen views to adjacent property.When ADU would exceed lot coverage, ADU would not be included in lot coverage calculation if parcel meets minimum lot size or is substandard by no more than 10%When a new one-story ADU would exceed maximum floor area, an additional 175 square feet above the maximum otherwise permitted by the district is allowed. Only to accommodate ADU development.For detached ADUs, no windows, doors, mech equipment, vent system located within 6 feet of property line.Attached ADU entranceway not facing the same lot line as primary dwelling entranceway, unless second entranceway located in rear half of lot.Exterior stairs located towards interior sie or rear yard.San Jose Received by HCD, 2016https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.30REZODI_PT2USAL_20.30.150SEUN5445sf 600 sf on 9000sf or less lot; 650 sf on 9000-10,000sf lot;800 sf on >10,000 sf lot.Attached shall be no more than 50% of existing primary dwelling living area.5 foot rear setback if not exceeding one story, and occupies no more than 50% of area between the 5 foot setback and rear setback.Any closet or enclosed storage area not to exceed 60sfADU shall match the roof pitch and form of the primary dwellingFront door of attached ADU shall not be on the same façade as front door of dwelling if the dwelling façade faces the street, unless a passageway would be required.Attached ADU shall be separated from dwelling no more than ten feet at any given point.Detached ADU shall be located in the rear yard; must be located at least 6 feet from the dwelling.Santa Clara Not received by HCD, but foundhttp://santaclaraca.gov/home/showdocument?id=53534No minimum Attached: 50% existing primary dwelling living area, up to 1200 sf. Detached 1200 sf. Does not include garage.5 side, 20 rear, 15 street side3 side, 5 rear, 15 street sideOn lots less than 6000sf, FAR of all structures shall not exceed 40%Second floor area shall not exceed 66% of first floor building area (including garage).Five foot front step back, 10 foot stepback if garage is closest to front property line.For 2nd story ADU, 3 foot side and rear setbacks from first floor walls, or clerestory windows with 5 foot sill height are required.Second floor balcony on rear elevation only and setback 15 feet from side lot line, with 4 feet max depth.Floor to ceiling height of second story must be equal to or less than the average for the first floor.Enclosed or internal staircases to access attached second story units are required.ADU and accessory buildings may not cover more than 40% of rear yard.Saratoga Not received by HCD, but foundhttps://library.municode.com/ca/saratoga/codes/code_of_ordinances?nodeId=CH15ZORE_ART15-56ACDWUNR-1-10,000: 9000sf,R-1-12,500: 11,250sf,R-1-15,000: 13,500sf,R-1-20,000: 18,000,R-1-40,000: 36,000sf Attached: 50% existing primary dwelling living area, up to 1200 sf. Detached 1200 sf. Does not include garage.Zoning district req.Zoning district req. No more than 2 bedrooms.ADU shall be connected to public sewer system.Attached ADU served by either a common entrance or separate ADU entrance at side or rear.Sunnyvale Received by HCD, 2016https://qcode.us/codes/sunnyvale/view.php?topic=19-5-19_68-19_68_040&frames=onR-0: 6000sf,R-1: 8000sf,R-2: 5000sf700sf Zoning district req.Zoning district req. No detached unit in front of primary dwelling.Entrance of ADU and primary dwelling not on the same wall plane facing pulic street.Entrance of ADU above 1st floor shall not be on the same elevation as primary dwelling entrance.*Additionally, detached ADUs would comply with the state requirements for converted garage setback exceptions and ADUs above garage being set back 5 feet from the side and rear lot lines.Unique LimitationsFees applying to ADUs - impact City Status Link Min. Lot Size Square Feet LimitSetback9.hPacket Pg. 249Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Jurisdiction Received/ Not
Received Ordinance Links
ADELANTO NOT RECEIVED BY HCD
AGOURA HILLS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/agoura-hills-01-18-2018.pdf
ALAMEDA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/alameda-city-02-13-2018.pdf
ALAMEDA COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Alameda-County-04-25-2017.pdf
ALBANY NOT RECEIVED BY HCD
ALHAMBRA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/alhambra-02-27-2018.pdf
ALISO VIEJO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/aliso-viejo-12-15-2017.pdf
ALPINE COUNTY NOT RECEIVED BY HCD
ALTURAS NOT RECEIVED BY HCD
AMADOR NOT RECEIVED BY HCD
AMADOR COUNTY NOT RECEIVED BY HCD
AMERICAN
CANYON NOT RECEIVED BY HCD
ANAHEIM RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Anaheim-9-21-2017.pdf
ANDERSON NOT RECEIVED BY HCD
ANGELS CAMP NOT RECEIVED BY HCD
ANTIOCH RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Antioch-02-09-2017.pdf
APPLE VALLEY NOT RECEIVED BY HCD
ARCADIA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Arcadia-07-12-2017.pdf
ARCATA NOT RECEIVED BY HCD
ARROYO GRANDE NOT RECEIVED BY HCD
ARTESIA NOT RECEIVED BY HCD
ARVIN NOT RECEIVED BY HCD
ATASCADERO NOT RECEIVED BY HCD
ATHERTON NOT RECEIVED BY HCD
ATWATER NOT RECEIVED BY HCD
AUBURN NOT RECEIVED BY HCD
AVALON NOT RECEIVED BY HCD
AVENAL NOT RECEIVED BY HCD
AZUSA NOT RECEIVED BY HCD
BAKERSFIELD NOT RECEIVED BY HCD
BALDWIN PARK NOT RECEIVED BY HCD
BANNING NOT RECEIVED BY HCD
BARSTOW RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/barstow-02-06-2018.pdf
BEAUMONT RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Beaumont-12-12-2017.pdf
BELL NOT RECEIVED BY HCD
BELL GARDENS NOT RECEIVED BY HCD
BELLFLOWER NOT RECEIVED BY HCD
BELMONT RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Belmont-05-23-2017.pdf
BELVEDERE NOT RECEIVED BY HCD
BENICIA NOT RECEIVED BY HCD
BERKELEY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Berkeley-04-05-2017.pdf
BEVERLY HILLS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Beverly-Hills-02-07-2017.pdf
BIG BEAR LAKE NOT RECEIVED BY HCD
BIGGS NOT RECEIVED BY HCD
BISHOP NOT RECEIVED BY HCD
BLUE LAKE NOT RECEIVED BY HCD
BLYTHE NOT RECEIVED BY HCD
BRADBURY NOT RECEIVED BY HCD
BRAWLEY NOT RECEIVED BY HCD
ORDINANCES RECEIVED BY HCD
ACCESSORY DWELLING UNITS (ADU)
The following list of received ordinances is current as of: February 27, 2018
9.h
Packet Pg. 250 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
BREA NOT RECEIVED BY HCD
BRENTWOOD NOT RECEIVED BY HCD
BRISBANE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Brisbane-04-25-17.pdf
BUELLTON NOT RECEIVED BY HCD
BUENA PARK NOT RECEIVED BY HCD
BURBANK NOT RECEIVED BY HCD
BURLINGAME RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Burlingame-Fire-Sprinklers.pdf
BUTTE COUNTY NOT RECEIVED BY HCD
CALABASAS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/calabasas-11-16-17.pdf
CALAVERAS
COUNTY NOT RECEIVED BY HCD
CALEXICO NOT RECEIVED BY HCD
CALIFORNIA CITY NOT RECEIVED BY HCD
CALIMESA NOT RECEIVED BY HCD
CALIPATRIA NOT RECEIVED BY HCD
CALISTOGA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Calistoga-3-21-2017.pdf
CAMARILLO NOT RECEIVED BY HCD
CAMPBELL RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Campbell-12-16-2016.pdf
CANYON LAKE NOT RECEIVED BY HCD
CAPITOLA NOT RECEIVED BY HCD
CARLSBAD RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/carlsbad-10-28-17.pdf
CARMEL NOT RECEIVED BY HCD
CARPINTERIA NOT RECEIVED BY HCD
CARSON NOT RECEIVED BY HCD
CATHEDRAL NOT RECEIVED BY HCD
CERES NOT RECEIVED BY HCD
CERRITOS NOT RECEIVED BY HCD
CHICO NOT RECEIVED BY HCD
CHINO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Chino-9-18-2017.pdf
CHINO HILLS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/chino-hills-12-05-2017.pdf
CHOWCHILLA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/chowchilla-01-12-18.pdf
CHULA VISTA NOT RECEIVED BY HCD
CITRUS HEIGHTS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Citrus-Heights-08-04-2017.pdf
CLAREMONT NOT RECEIVED BY HCD
CLAYTON NOT RECEIVED BY HCD
CLEARLAKE NOT RECEIVED BY HCD
CLOVERDALE NOT RECEIVED BY HCD
CLOVIS NOT RECEIVED BY HCD
COACHELLA NOT RECEIVED BY HCD
COALINGA NOT RECEIVED BY HCD
COLFAX NOT RECEIVED BY HCD
COLMA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Colma-07-07-2017.pdf
COLTON NOT RECEIVED BY HCD
COLUSA NOT RECEIVED BY HCD
COLUSA COUNTY NOT RECEIVED BY HCD
COMMERCE NOT RECEIVED BY HCD
COMPTON NOT RECEIVED BY HCD
CONCORD RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Concord-04-12-17.pdf
CONTRA COSTA
COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/contra-costa-co-12-05-2017.pdf
CORCORAN NOT RECEIVED BY HCD
CORNING NOT RECEIVED BY HCD
CORONA NOT RECEIVED BY HCD
CORONADO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/coronado-11-17-17.pdf
CORONADO
amended RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/coronado-amended-01-09-
2018.pdf
CORONADO
amended RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/coronado-02-28-2018-
amended.pdf
CORTE MADERA
ADU RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Corte-Madera-01-09-2017.pdf
9.h
Packet Pg. 251 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
CORTE MADERA
JADU RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Corte-Madera-01-09-2017-
JADU.pdf
COSTA MESA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/costa-mesa-02-20-2018.pdf
COTATI NOT RECEIVED BY HCD
COVINA NOT RECEIVED BY HCD
CRESCENT CITY NOT RECEIVED BY HCD
CUDAHY NOT RECEIVED BY HCD
CULVER CITY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Culver-City-08-01-2017.pdf
CUPERTINO NOT RECEIVED BY HCD
CYPRESS NOT RECEIVED BY HCD
DALY CITY NOT RECEIVED BY HCD
DANA POINT NOT RECEIVED BY HCD
DANVILLE NOT RECEIVED BY HCD
DAVIS NOT RECEIVED BY HCD
DEL MAR NOT RECEIVED BY HCD
DEL NORTE
COUNTY NOT RECEIVED BY HCD
DEL REY OAKS NOT RECEIVED BY HCD
DELANO NOT RECEIVED BY HCD
DESERT HOT
SPRINGS NOT RECEIVED BY HCD
DIAMOND BAR NOT RECEIVED BY HCD
DINUBA NOT RECEIVED BY HCD
DIXON NOT RECEIVED BY HCD
DORRIS NOT RECEIVED BY HCD
DOS PALOS NOT RECEIVED BY HCD
DOWNEY NOT RECEIVED BY HCD
DUARTE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Duarte-04-20-2017.pdf
DUBLIN NOT RECEIVED BY HCD
DUNSMUIR NOT RECEIVED BY HCD
EAST PALO ALTO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/East-Palo-Alto-1-31-2017.pdf
EASTVALE NOT RECEIVED BY HCD
EL CAJON RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/El-Cajon-06-13-2017.pdf
EL CENTRO NOT RECEIVED BY HCD
EL CERRITO NOT RECEIVED BY HCD
EL DORADO
COUNTY NOT RECEIVED BY HCD
EL MONTE NOT RECEIVED BY HCD
EL SEGUNDO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/El-Segundo-07-17-2017.pdf
ELK GROVE NOT RECEIVED BY HCD
EMERYVILLE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/emeryville-11-28-2017.pdf
ENCINITAS NOT RECEIVED BY HCD
ESCALON NOT RECEIVED BY HCD
ESCONDIDO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/escondido-12-06-2017.pdf
ETNA NOT RECEIVED BY HCD
EUREKA NOT RECEIVED BY HCD
EXETER NOT RECEIVED BY HCD
FAIRFAX RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/fairfax-11-13-2017.pdf
FAIRFIELD RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/fairfield-02-26-2018.pdf
FARMERSVILLE NOT RECEIVED BY HCD
FERNDALE NOT RECEIVED BY HCD
FILLMORE NOT RECEIVED BY HCD
FIREBAUGH NOT RECEIVED BY HCD
FOLSOM RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Folsom-05-19-17.pdf
FONTANA NOT RECEIVED BY HCD
FORT BRAGG NOT RECEIVED BY HCD
FORT JONES NOT RECEIVED BY HCD
FORTUNA NOT RECEIVED BY HCD
FOSTER CITY NOT RECEIVED BY HCD
FOUNTAIN VALLEY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/fountain-valley-12-14-2017.pdf
9.h
Packet Pg. 252 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
FOWLER NOT RECEIVED BY HCD
FREMONT RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Fremont-01-03-17.pdf
FRESNO NOT RECEIVED BY HCD
FRESNO COUNTY NOT RECEIVED BY HCD
FULLERTON RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Fullerton-09-18-2017.pdf
GALT NOT RECEIVED BY HCD
GARDEN GROVE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/garden-grove-10-17-17.pdf
GARDENA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Gardena-08-22-2017.pdf
GILROY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/gilroy-01-29-2018.pdf
GLENDALE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Glendale-04-04-17.pdf
GLENDORA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Glendora-05-09-17.pdf
GLENN COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/glenn-county-10-23-17.pdf
GOLETA NOT RECEIVED BY HCD
GONZALES NOT RECEIVED BY HCD
GRAND TERRACE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Grand-Terrace-06-28-17.pdf
GRASS VALLEY NOT RECEIVED BY HCD
GREENFIELD NOT RECEIVED BY HCD
GRIDLEY NOT RECEIVED BY HCD
GROVER BEACH NOT RECEIVED BY HCD
GUADALUPE NOT RECEIVED BY HCD
GUSTINE NOT RECEIVED BY HCD
HALF MOON BAY NOT RECEIVED BY HCD
HANFORD NOT RECEIVED BY HCD
HAWAIIAN
GARDENS NOT RECEIVED BY HCD
HAWTHORNE NOT RECEIVED BY HCD
HAYWARD RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/hayward-11-30-17.pdf
HEALDSBURG RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Healdsburg-02-03-2017.pdf
HEMET RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/hemet-01-22-2018.pdf
HERCULES NOT RECEIVED BY HCD
HERMOSA BEACH NOT RECEIVED BY HCD
HESPERIA NOT RECEIVED BY HCD
HIDDEN HILLS NOT RECEIVED BY HCD
HIGHLAND NOT RECEIVED BY HCD
HILLSBOROUGH NOT RECEIVED BY HCD
HOLLISTER NOT RECEIVED BY HCD
HOLTVILLE NOT RECEIVED BY HCD
HUGHSON NOT RECEIVED BY HCD
HUMBOLDT
COUNTY NOT RECEIVED BY HCD
HUNTINGTON
BEACH NOT RECEIVED BY HCD
HUNTINGTON
PARK NOT RECEIVED BY HCD
HURON NOT RECEIVED BY HCD
IMPERIAL NOT RECEIVED BY HCD
IMPERIAL BEACH NOT RECEIVED BY HCD
IMPERIAL COUNTY NOT RECEIVED BY HCD
INDIAN WELLS NOT RECEIVED BY HCD
INDIO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/indio-10-24-17.pdf
INDUSTRY NOT RECEIVED BY HCD
INGLEWOOD NOT RECEIVED BY HCD
INYO COUNTY NOT RECEIVED BY HCD
IONE NOT RECEIVED BY HCD
IRVINE NOT RECEIVED BY HCD
IRWINDALE NOT RECEIVED BY HCD
ISLETON NOT RECEIVED BY HCD
JACKSON NOT RECEIVED BY HCD
JURUPA VALLEY NOT RECEIVED BY HCD
KERMAN NOT RECEIVED BY HCD
KERN COUNTY NOT RECEIVED BY HCD
9.h
Packet Pg. 253 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
KING CITY NOT RECEIVED BY HCD
KINGS COUNTY NOT RECEIVED BY HCD
KINGSBURG NOT RECEIVED BY HCD
LA CANADA
FLINTRIDGE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/la-canada-flintridge-11-28-
2017.pdf
LA HABRA NOT RECEIVED BY HCD
LA HABRA
HEIGHTS NOT RECEIVED BY HCD
LA MESA NOT RECEIVED BY HCD
LA MIRADA NOT RECEIVED BY HCD
LA PALMA NOT RECEIVED BY HCD
LA PUENTE NOT RECEIVED BY HCD
LA QUINTA NOT RECEIVED BY HCD
LA VERNE NOT RECEIVED BY HCD
LAFAYETTE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Lafayette-12-20-2016.pdf
LAGUNA BEACH NOT RECEIVED BY HCD
LAGUNA HILLS NOT RECEIVED BY HCD
LAGUNA NIGUEL NOT RECEIVED BY HCD
LAGUNA WOODS NOT RECEIVED BY HCD
LAKE COUNTY NOT RECEIVED BY HCD
LAKE ELSINORE NOT RECEIVED BY HCD
LAKE FOREST RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Lake-Forest-07-12-2017.pdf
LAKEPORT NOT RECEIVED BY HCD
LAKEWOOD NOT RECEIVED BY HCD
LANCASTER NOT RECEIVED BY HCD
LARKSPUR NOT RECEIVED BY HCD
LASSEN COUNTY NOT RECEIVED BY HCD
LATHROP NOT RECEIVED BY HCD
LAWNDALE NOT RECEIVED BY HCD
LEMON GROVE NOT RECEIVED BY HCD
LEMOORE NOT RECEIVED BY HCD
LINCOLN NOT RECEIVED BY HCD
LINDSAY NOT RECEIVED BY HCD
LIVE OAK NOT RECEIVED BY HCD
LIVERMORE NOT RECEIVED BY HCD
LIVINGSTON NOT RECEIVED BY HCD
LODI NOT RECEIVED BY HCD
LOMA LINDA NOT RECEIVED BY HCD
LOMITA NOT RECEIVED BY HCD
LOMPOC NOT RECEIVED BY HCD
LONG BEACH RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/long-beach-02-26-2018.pdf
LOOMIS NOT RECEIVED BY HCD
LOS ALAMITOS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/los-alamitos-12-20-2017.pdf
LOS ALTOS NOT RECEIVED BY HCD
LOS ALTOS HILLS NOT RECEIVED BY HCD
LOS ANGELES NOT RECEIVED BY HCD
LOS ANGELES
COUNTY NOT RECEIVED BY HCD
LOS BANOS NOT RECEIVED BY HCD
LOS GATOS NOT RECEIVED BY HCD
LOYALTON NOT RECEIVED BY HCD
LYNWOOD NOT RECEIVED BY HCD
MADERA NOT RECEIVED BY HCD
MADERA COUNTY NOT RECEIVED BY HCD
MADERA COUNTY NOT RECEIVED BY HCD
MALIBU NOT RECEIVED BY HCD
MAMMOTH LAKES RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Mammoth-Lakes-02-15-2017.pdf
MANHATTAN
BEACH NOT RECEIVED BY HCD
MANTECA NOT RECEIVED BY HCD
9.h
Packet Pg. 254 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
MARICOPA NOT RECEIVED BY HCD
MARIN COUNTY NOT RECEIVED BY HCD
MARINA NOT RECEIVED BY HCD
MARIPOSA
COUNTY NOT RECEIVED BY HCD
MARTINEZ NOT RECEIVED BY HCD
MARYSVILLE NOT RECEIVED BY HCD
MAYWOOD NOT RECEIVED BY HCD
MCFARLAND NOT RECEIVED BY HCD
MENDOCINO
COUNTY NOT RECEIVED BY HCD
MENDOTA NOT RECEIVED BY HCD
MENIFEE NOT RECEIVED BY HCD
MENLO PARK NOT RECEIVED BY HCD
MERCED NOT RECEIVED BY HCD
MERCED COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Merced-County-12-26-2017.pdf
MILL VALLEY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Mill-Valley-02-1-2017.pdf
MILLBRAE NOT RECEIVED BY HCD
MILPITAS NOT RECEIVED BY HCD
MISSION VIEJO NOT RECEIVED BY HCD
MODESTO NOT RECEIVED BY HCD
MODOC COUNTY NOT RECEIVED BY HCD
MONO COUNTY NOT RECEIVED BY HCD
MONROVIA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Monrovia-07-20-2017.pdf
MONTAGUE NOT RECEIVED BY HCD
MONTCLAIR NOT RECEIVED BY HCD
MONTE SERENO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Monte-Sereno-01-23-2017.pdf
MONTEBELLO NOT RECEIVED BY HCD
MONTEREY NOT RECEIVED BY HCD
MONTEREY
COUNTY NOT RECEIVED BY HCD
MONTEREY PARK NOT RECEIVED BY HCD
MOORPARK NOT RECEIVED BY HCD
MORAGA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/moraga-03-01-2018.pdf
MORENO VALLEY NOT RECEIVED BY HCD
MORGAN HILL NOT RECEIVED BY HCD
MORRO BAY NOT RECEIVED BY HCD
MOUNT SHASTA NOT RECEIVED BY HCD
MOUNTAIN VIEW NOT RECEIVED BY HCD
MURRIETA NOT RECEIVED BY HCD
NAPA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Napa-City-04-13-2017.pdf
NAPA COUNTY NOT RECEIVED BY HCD
NATIONAL CITY NOT RECEIVED BY HCD
NEEDLES NOT RECEIVED BY HCD
NEVADA CITY NOT RECEIVED BY HCD
NEVADA COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/nevada-county-01-05-2018.pdf
NEWARK NOT RECEIVED BY HCD
NEWMAN NOT RECEIVED BY HCD
NEWPORT BEACH RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Newport-Beach-09-11-2017.pdf
NORCO NOT RECEIVED BY HCD
NORWALK NOT RECEIVED BY HCD
NOVATO NOT RECEIVED BY HCD
OAKDALE NOT RECEIVED BY HCD
OAKLAND NOT RECEIVED BY HCD
OAKLEY NOT RECEIVED BY HCD
OCEANSIDE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/oceanside-10-11-17.pdf
OJAI RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Ojai-9-7-2017.pdf
ONTARIO NOT RECEIVED BY HCD
ORANGE NOT RECEIVED BY HCD
9.h
Packet Pg. 255 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
ORANGE COUNTY NOT RECEIVED BY HCD
ORANGE COVE NOT RECEIVED BY HCD
ORINDA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Orinda-08-29-2017.pdf
ORLAND NOT RECEIVED BY HCD
OROVILLE NOT RECEIVED BY HCD
OXNARD RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Oxnard-12-27-2016.pdf
PACIFIC GROVE NOT RECEIVED BY HCD
PACIFICA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/pacifica-10-23-17.pdf
PALM DESERT NOT RECEIVED BY HCD
PALM SPRINGS NOT RECEIVED BY HCD
PALMDALE NOT RECEIVED BY HCD
PALO ALTO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Palo-Alto-05-23-2017.pdf
PALOS VERDES
ESTATES NOT RECEIVED BY HCD
PARADISE NOT RECEIVED BY HCD
PARAMOUNT NOT RECEIVED BY HCD
PARLIER NOT RECEIVED BY HCD
PASADENA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Pasadena-03-13-2017.pdf
PASO ROBLES NOT RECEIVED BY HCD
PATTERSON NOT RECEIVED BY HCD
PERRIS NOT RECEIVED BY HCD
PETALUMA NOT RECEIVED BY HCD
PICO RIVERA NOT RECEIVED BY HCD
PIEDMONT RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Piedmont-05-23-2017.pdf
PINOLE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Pinole-09-26-2017.pdf
PISMO BEACH NOT RECEIVED BY HCD
PITTSBURG NOT RECEIVED BY HCD
PLACENTIA NOT RECEIVED BY HCD
PLACER COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/placer-county-12-13-2017.pdf
PLACERVILLE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/placerville-11-06-2017.pdf
PLEASANT HILL NOT RECEIVED BY HCD
PLEASANTON RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Pleasanton-6-13-17.pdf
PLUMAS COUNTY NOT RECEIVED BY HCD
PLYMOUTH NOT RECEIVED BY HCD
POINT ARENA NOT RECEIVED BY HCD
POMONA NOT RECEIVED BY HCD
PORT HUENEME NOT RECEIVED BY HCD
PORTERVILLE NOT RECEIVED BY HCD
PORTOLA NOT RECEIVED BY HCD
PORTOLA VALLEY NOT RECEIVED BY HCD
POWAY NOT RECEIVED BY HCD
RANCHO
CORDOVA NOT RECEIVED BY HCD
RANCHO
CUCAMONGA NOT RECEIVED BY HCD
RANCHO MIRAGE NOT RECEIVED BY HCD
RANCHO PALOS
VERDES NOT RECEIVED BY HCD
RANCHO ST.
MARGARITA NOT RECEIVED BY HCD
RED BLUFF NOT RECEIVED BY HCD
REDDING RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Redding-06-14-2017.pdf
REDLANDS NOT RECEIVED BY HCD
REDONDO BEACH NOT RECEIVED BY HCD
REDWOOD CITY NOT RECEIVED BY HCD
REEDLEY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/reedley-01-30-2018.pdf
RIALTO NOT RECEIVED BY HCD
RICHMOND NOT RECEIVED BY HCD
RIDGECREST NOT RECEIVED BY HCD
RIO DELL NOT RECEIVED BY HCD
RIO VISTA NOT RECEIVED BY HCD
RIPON NOT RECEIVED BY HCD
9.h
Packet Pg. 256 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
RIVERBANK NOT RECEIVED BY HCD
RIVERSIDE NOT RECEIVED BY HCD
RIVERSIDE
COUNTY NOT RECEIVED BY HCD
ROCKLIN NOT RECEIVED BY HCD
ROHNERT PARK RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Rohnert-Park-05-23-17.pdf
ROLLING HILLS NOT RECEIVED BY HCD
ROLLING HILLS
ESTATES NOT RECEIVED BY HCD
ROSEMEAD NOT RECEIVED BY HCD
ROSEVILLE NOT RECEIVED BY HCD
ROSS NOT RECEIVED BY HCD
SACRAMENTO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Sacramento-City-03-29-2017.pdf
SACRAMENTO
COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Sacramento-County-07-18-
2017.pdf
SAINT HELENA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/saint-helena-12-04-17.pdf
SALINAS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Salinas-12-6-2016.pdf
SAN ANSELMO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Anselmo-04-24-17.pdf
SAN BENITO
COUNTY NOT RECEIVED BY HCD
SAN BERNARDINO NOT RECEIVED BY HCD
SAN BERNARDINO
COUNTY NOT RECEIVED BY HCD
SAN BRUNO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Bruno-05-11-17.pdf
SAN
BUENAVENTURA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/san-buenaventura-11-13-17.pdf
SAN CARLOS NOT RECEIVED BY HCD
SAN CLEMENTE NOT RECEIVED BY HCD
SAN DIEGO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/san-diego-city-09-21-2017.pdf
SAN DIEGO
COUNTY NOT RECEIVED BY HCD
SAN DIMAS NOT RECEIVED BY HCD
SAN FERNANDO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Fernando-City-09-12-2017.pdf
SAN FRANCISCO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Francisco-8-3-2017.pdf
SAN GABRIEL NOT RECEIVED BY HCD
SAN JACINTO NOT RECEIVED BY HCD
SAN JOAQUIN NOT RECEIVED BY HCD
SAN JOAQUIN
COUNTY NOT RECEIVED BY HCD
SAN JOSE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Jose-11-15-2016a.pdf
SAN JUAN
BAUTISTA NOT RECEIVED BY HCD
SAN JUAN
CAPISTRANO NOT RECEIVED BY HCD
SAN LEANDRO NOT RECEIVED BY HCD
SAN LUIS OBISPO NOT RECEIVED BY HCD
SAN LUIS OBISPO
CO.NOT RECEIVED BY HCD
SAN MARCOS NOT RECEIVED BY HCD
SAN MARINO RECEIVED BY HCD
Version 3: http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Marino-05-02-17-
Interim.pdfSAN MARINO RECEIVED BY HCD
Version 4: http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Marino-05-16-17-
interim-extension.pdf
SAN MATEO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/san-mateo-city-11-14-2017.pdf
SAN MATEO
COUNTY NOT RECEIVED BY HCD
SAN PABLO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/San-Pablo-07-10-2017.pdf
SAN RAFAEL NOT RECEIVED BY HCD
SAN RAMON NOT RECEIVED BY HCD
SAND CITY NOT RECEIVED BY HCD
SANGER NOT RECEIVED BY HCD
SANTA ANA NOT RECEIVED BY HCD
SANTA BARBARA NOT RECEIVED BY HCD
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Packet Pg. 257 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
SANTA BARBARA
COUNTY NOT RECEIVED BY HCD
SANTA CLARA NOT RECEIVED BY HCD
SANTA CLARA
COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Santa-Clara-County-07-21-
2017.pdf
SANTA CLARITA NOT RECEIVED BY HCD
SANTA CRUZ NOT RECEIVED BY HCD
SANTA CRUZ
COUNTY NOT RECEIVED BY HCD
SANTA FE
SPRINGS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Santa-Fe-Springs-04-14-2017.pdf
SANTA MARIA NOT RECEIVED BY HCD
SANTA MONICA NOT RECEIVED BY HCD
SANTA PAULA NOT RECEIVED BY HCD
SANTA ROSA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Santa-Rosa-12-21-2017.pdf
SANTEE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Santee-03-17-2017.pdf
SARATOGA NOT RECEIVED BY HCD
SAUSALITO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/sausalito-01-31-2018.pdf
SCOTTS VALLEY NOT RECEIVED BY HCD
SEAL BEACH NOT RECEIVED BY HCD
SEASIDE NOT RECEIVED BY HCD
SEBASTOPOL RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/sebastopol-02-28-2018.pdf
SELMA NOT RECEIVED BY HCD
SHAFTER NOT RECEIVED BY HCD
SHASTA COUNTY NOT RECEIVED BY HCD
SHASTA LAKE NOT RECEIVED BY HCD
SIERRA COUNTY NOT RECEIVED BY HCD
SIERRA MADRE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Sierra-Madre-12-23-2016.pdf
SIGNAL HILL NOT RECEIVED BY HCD
SIMI VALLEY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Simi-Valley-03-13-17.pdf
SISKIYOU COUNTY NOT RECEIVED BY HCD
SOLANA BEACH RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Solana-Beach-12-20-2016.pdf
SOLANO COUNTY NOT RECEIVED BY HCD
SOLEDAD NOT RECEIVED BY HCD
SOLVANG NOT RECEIVED BY HCD
SONOMA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Sonoma-City-09-22-2017.pdf
SONOMA COUNTY NOT RECEIVED BY HCD
SONORA NOT RECEIVED BY HCD
SOUTH EL MONTE NOT RECEIVED BY HCD
SOUTH GATE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/South-Gate-05-23-2017.pdf
SOUTH LAKE
TAHOE NOT RECEIVED BY HCD
SOUTH PASADENA NOT RECEIVED BY HCD
SOUTH SAN
FRANCISCO RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/south-san-francisco-12-11-
2017.pdf
STANISLAUS
COUNTY NOT RECEIVED BY HCD
STANTON NOT RECEIVED BY HCD
STOCKTON NOT RECEIVED BY HCD
SUISUN CITY NOT RECEIVED BY HCD
SUNNYVALE RECEIVED BY HCD ADU 3: http://www.hcd.ca.gov/policy-research/docs/ordinances/Sunnyvale1-12-6-2016.pdf
SUNNYVALE RECEIVED BY HCD ADU 4: http://www.hcd.ca.gov/policy-research/docs/ordinances/Sunnyvale2-12-6-2016.pdf
SUSANVILLE NOT RECEIVED BY HCD
SUTTER COUNTY NOT RECEIVED BY HCD
SUTTER CREEK NOT RECEIVED BY HCD
TAFT NOT RECEIVED BY HCD
TEHACHAPI NOT RECEIVED BY HCD
TEHAMA NOT RECEIVED BY HCD
TEHAMA COUNTY NOT RECEIVED BY HCD
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Packet Pg. 258 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
TEMECULA NOT RECEIVED BY HCD
TEMPLE CITY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Temple-City-09-19-2017.pdf
THOUSAND OAKS RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Thousand-Oaks-08-28-2017.pdf
TIBURON RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Tiburon-02-06-2017.pdf
TORRANCE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/torrance-05-16-2017.pdf
TRACY NOT RECEIVED BY HCD
TRINIDAD NOT RECEIVED BY HCD
TRINITY COUNTY NOT RECEIVED BY HCD
TRUCKEE NOT RECEIVED BY HCD
TULARE NOT RECEIVED BY HCD
TULARE COUNTY NOT RECEIVED BY HCD
TULELAKE NOT RECEIVED BY HCD
TUOLUMNE
COUNTY NOT RECEIVED BY HCD
TURLOCK NOT RECEIVED BY HCD
TUSTIN RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Tustin-04-18-2017.pdf
TWENTYNINE
PALMS NOT RECEIVED BY HCD
UKIAH RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/ukiah-08-22-2017.pdf
UNION CITY NOT RECEIVED BY HCD
UPLAND NOT RECEIVED BY HCD
VACAVILLE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/vacaville-02-09-18.pdf
VALLEJO NOT RECEIVED BY HCD
VENTURA COUNTY RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/ventura-county-05-18-2017.pdf
VERNON NOT RECEIVED BY HCD
VICTORVILLE NOT RECEIVED BY HCD
VILLA PARK NOT RECEIVED BY HCD
VISALIA NOT RECEIVED BY HCD
VISTA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/vista-11-06-2017.pdf
WALNUT NOT RECEIVED BY HCD
WALNUT CREEK RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/walnut-creek-11-14-2017.pdf
WASCO NOT RECEIVED BY HCD
WATERFORD NOT RECEIVED BY HCD
WATSONVILLE NOT RECEIVED BY HCD
WEED NOT RECEIVED BY HCD
WEST COVINA NOT RECEIVED BY HCD
WEST
HOLLYWOOD NOT RECEIVED BY HCD
WEST
SACRAMENTO NOT RECEIVED BY HCD
WESTLAKE
VILLAGE NOT RECEIVED BY HCD
WESTMINSTER NOT RECEIVED BY HCD
WESTMORLAND NOT RECEIVED BY HCD
WHEATLAND NOT RECEIVED BY HCD
WHITTIER NOT RECEIVED BY HCD
WILDOMAR NOT RECEIVED BY HCD
WILLIAMS NOT RECEIVED BY HCD
WILLITS NOT RECEIVED BY HCD
WILLOWS NOT RECEIVED BY HCD
WINDSOR RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/windsor-01-10-2018.pdf
WINTERS NOT RECEIVED BY HCD
WOODLAKE NOT RECEIVED BY HCD
WOODLAND NOT RECEIVED BY HCD
WOODSIDE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/woodside-03-28-2017.pdf
YOLO COUNTY NOT RECEIVED BY HCD
YORBA LINDA RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/Yorba-Linda-05-26-2017.pdf
YOUNTVILLE RECEIVED BY HCD http://www.hcd.ca.gov/policy-research/docs/ordinances/yountville-03-01-2018.pdf
YREKA NOT RECEIVED BY HCD
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Packet Pg. 259 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
YUBA CITY NOT RECEIVED BY HCD
YUBA COUNTY NOT RECEIVED BY HCD
YUCAIPA NOT RECEIVED BY HCD
YUCCA VALLEY NOT RECEIVED BY HCD
9.h
Packet Pg. 260 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Shirley Chan
Sent:Wednesday, February 28, 2018 10:01 PM
To:DonkyHooty
Cc:Daniel Fama;
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
+ Vincent Sy (Campbell resident that I met through the WNAC ADU meeting tonight)
Interest list:
I wanted to give you an update as I was able to attend tonight's WNAC ADU discussion. Lively discussion,
packed room of interested residents from Santa Clara county and other counties in the bay area. There seems to
be a coalition of folks that want to make ADU's happen in the bay area as one of the many methods to solving
our current housing crisis. Some of the items City of San Jose is looking into for 2018 as it relates to ADU's
are: further reduction of lot size requirements (currently it's 5,445 sq ft), garage conversions, allowing larger
ADU's (above 900 sq ft). City of San Jose's goal is to build 25,000 housing units and would like to see a fair
amount of these housing units come from ADU's. Folks that attended tonight had various reasons for interest in
ADU's- having a family member live on the property to having an extra rental income. Great to see City of San
Jose step forward and relax ADU ordinances to make it easier to build. What really struck me was a middle
aged lady that currently lives in an ADU in Santa Clara. She had lived in luxury apartments but after a few
years, really got tired of the environment. She moved to an ADU in Santa Clara and absolutely loves the peace
and privacy. She was strongly advocating this as a housing method and wanted to see more of these built.
Hi Daniel,
• Is the city of Campbell planning to hold public workshops to gather public feedback on what the
residents would like to see change to the current ADU ordinance? City of San Jose is planning 3 of
these workshops in 2018.
• Would you be able to provide the interested list of folks with an update with where you are at on
research and potential proposals? I'd personally like to see a reduction or elimination of lot size
requirements, reduction of setback requirements, ability to build an ADU that's attached to a detached
garage, and to allow second story ADU's.
• One question that was raised during tonight's meeting was impact fees and how in some cities, these fees
could be $40-50k. Would you be able to provide this list, the estimated impact fees for building a 500
sq ft ADU?
Thanks
On Fri, Feb 16, 2018 at 1:56 PM, DonkyHooty <myinbox50@gmail.com> wrote:
Hi, Daniel,
I would propose we reduce the complexity of the table. While I am in favor of no minimum lot size
requirements, another proposal could be the following:
Lot Size, Max ADU
9.h
Packet Pg. 261 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Shirley Chan <
Sent:Monday, February 26, 2018 11:28 AM
To:Shirley Chan; Daniel Fama;
Subject:Fwd: WNAC - ADU Panel - Feb 28th - 6:30pm
Fowarding to the interest list from City of Campbell ADU.
Kirk Vartan, the President of WNAC (Winchester Neighborhood association) will be hosting a community
meeting focused on ADU's on 2/28 6:30-8:30pm.
This is what neighborhoods in the bay area are doing ....grass roots effort to drive and deliver options to our
housing crisis.
---------- Forwarded message ----------
From: Kirk Vartan
Date: Sun, Feb 25, 2018 at 6:43 PM
Subject: WNAC - ADU Panel - Feb 28th - 6:30pm
To: Shirley Chan <
TINY HOMES, MICRO UNITS &
COMMUNITY
The acronym ADU (Accessory Dwelling Unit, aka Granny Flat) is
bandied about with more frequency of late. This is because of
recently signed legislation that makes it easier for homeowners to
add additional living units to their property.
WNAC's 2/28 meeting will feature a panel of ADU experts who will
9.h
Packet Pg. 262 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
2
address questions, such as:
▪ What is an ADU and where can they be installed?
▪ Is it possible for them to be self-contained or do I need sewer,
water & electricity connections?
▪ I am tapped out and can't afford new financing. What are my
options?
▪ What about the business case for putting one on my property?
▪ What sort of tenants are interested in living in an ADU?
▪ Is this a retirement option?
▪ What is
an ADU
and
where
can they
be
installed?
▪ Is it possible
for them to
be self-
contained or
do I need
sewer, water
& electricity
connections?
▪ I am
tapped
out and
can't
afford
new
financing.
What are
my
options?
▪ What
about the
business
case for
putting
one on
my
property?
▪ What sort
of tenants
are
interested
in living in
an ADU?
9.h
Packet Pg. 263 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
3
▪ Is this a
retirement
option?
Panel:
Michael Brilliot, Division Manager, City of San Jose
Tony Chan - Founder & CEO of ADU Builder, Inc.
Eoin Matthews - Chief Business Officer - Point
David Roberson - Principal at Silicon Valley Property Management
Group & Author of Your Guide to Real Estate Investing
Senator Wieckowski is a HUGE supporter of ADUs as a part of the solution to our
housing crisis, sponsoring bills: SB-1069/SB 229 (passed) and SB-831 (pending)
Wednesday, February 28
6:30PM - 8:30 PM
Cypress Senior Community Center
403 Cypress Ave, San Jose
RSVP Now!
A light pizza dinner and cannoli will be provided. Please register
so we can plan accordingly. Drinks not provided.
For more details on the event, please go to the Winchester NAC
website. Hope to see you on Wednesday!
Kirk Vartan
President, Winchester NAC
9.h
Packet Pg. 264 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Mary Jo Townzen
Sent:Wednesday, February 14, 2018 11:30 AM
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hi Daniel,
That's great! Glad the city of Campbell is looking into this further.
Here's the City of San Jose's definition of an ADU:
https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.200DE_20.200.325DWSE
ACDWUNAD
Here's a link to a Q&A with item 8 addressing ADU's for City of San Jose:
http://www.sanjoseca.gov/faq.aspx?TID=60
Looks like City of San Jose is clarifying the issue as well. They held a meeting Monday, February 12th, the evening we
were at Canyon Heights. Please see the link below for the notice of that meeting.
http://www.sanjoseca.gov/documentcenter/view/74549
Please keep me posted as to the continence. I think decreasing the minimum lot size incrementally, from 10,000 to 9,000
would be a great start to see the impact that makes on surrounding infrastructure, traffic, tax revenue from more
residences, population, affordable housing supply, etc. It'd be interesting to know how many residential lots in Campbell
are between 9,000 and 10,000 square feet and would qualify. Even then, not all owners would elect to add the
ADU. Some might have already done so without the City of Campbell's knowledge and/or permission.
Have a happy Valentine's Day!
Sincerely,
Mary Jo Townzen
-----Original Message-----
From: Daniel Fama <danielf@cityofcampbell.com>
To: 'myinbox50@gmail.com' <myinbox50@gmail.com>; 'larry@activeover50.com' <larry@activeover50.com>;
'shirleychan4@gmail.com' <shirleychan4@gmail.com>; 'emm21@yahoo.com' <emm21@yahoo.com>;
'mjtownzen@aol.com' <mjtownzen@aol.com>; 'GBradley@m-group.us' <GBradley@m-group.us>; 'info@staccna.org'
<info@staccna.org>; 'akeyser2000@gmail.com' <akeyser2000@gmail.com>; 'vince@sccaor.com' <vince@sccaor.com>;
'josh.roza@gmail.com' <josh.roza@gmail.com>; 'neinavay@gmail.com' <neinavay@gmail.com>;
'slf1@strombotnelaw.com' <slf1@strombotnelaw.com>; 'dangouw@msn.com' <dangouw@msn.com>;
'voodue2@hotmail.com' <voodue2@hotmail.com>; 'cserrin@yahoo.com' <cserrin@yahoo.com>;
'RJmasiello@sbcglobal.net' <RJmasiello@sbcglobal.net>; 'fred.weber@gmail.com' <fred.weber@gmail.com>
Sent: Wed, Feb 14, 2018 11:09 am
Subject: RE: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Good Morning – As some of you may know, the Planning Commission took action to continue last night’s
public hearing to a future date. This means that the tentative March 20th City Council hearing will not occur.
9.h
Packet Pg. 265 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:raja <
Sent:Thursday, November 15, 2018 2:39 PM
To:Daniel Fama
Subject:Regarding draft ADU ordinance to be considered by the Planning Commission
Hi Daniel
I am sending this email as a correspondence regarding ADU ordinance that the city is working towards.
ADU's are much required in campbell as well as across the bay area. They help with the housing crisis in bay
area and give the ability for families to provide more room for extended family.
I am in support of any ordinances that enable building ADU's
I would love to see these as part of the ADU ordinance.
Waiver for Site and Architectural (S&A) Review Process.
Waiver for any street or public utility related improvements.
Allow for the possibility of ADU to be located on the 2nd floor.
Lots larger than 10,000sqft should be allowed an additional ADU for each additional 5000sqft of lot size.
Thanks
Raja
9.h
Packet Pg. 266 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Shirley Chan
Sent:Friday, November 16, 2018 10:09 AM
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Here is my correspondence to the planning commission:
My name is Shirley Chan and I’m a resident of the city of Campbell
I am vested to see the City of Campbell embrace changes with ADU's. I grew up here and love this town. I
have a vested interest in making this city beautiful, safe, and friendly. But at the same time, I have a family
and with that, personal responsibilities. I have an aging mother that I would like to see live with us,
independently.
I am here today to ask the city council to reduce the barriers to entry of building ADU’s. I would like to see:
the minimum lot size requirement to be reduced to 8,000 and below.
Modify setbacks considerations to 5 feet or less for back and sides of the ADU
Non Living Area - no restrictions.
I spoke with Daniel Fama about my specific property. Even if the lot size requirement is reduced, the San
Tomas Neighborhood Association has their specific plan that was finalized in 2000 - almost 20 years
ago. Based on the requirements outlined by this plan, my only option to building an ADU is in the middle of my
back yard. How is this logical and effective use of land?
As the City of Campbell has performed and seen their own research and analysis into ADU changes in the
surrounding cities, the bay area welcomes this change. Terner center for housing innovation has written a brief
on the benefits of ADU's
This is a win win for the City and people that live here.
Again, I urge the city council and planning commission to break down these barriers to entry of building
ADU’s….as we are seeing happen at the state level.
Change is the only constant.
Thank you for your time.
Shirley Chan
9.h
Packet Pg. 267 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Shirley Chan
Sent:Wednesday, November 21, 2018 9:34 PM
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Daniel,
Thanks for the update. Unfortunately I will be out of town 11/27 and dearly wanted to attend.
Overall, I'm happy the City of Campbell is proposing a change (which mean CHANGE is happening) but I'm
disappointed by the conservative nature of this proposal (size limitation, BMR units which raises the question of
how oversight will be performed, etc).
I have some concerns with this and plan. Could you share this with the planning commission?
1. 10 ft setback from rear. That seems overkill. As you see for other cities, including more affluent ones like
Palo Alto, rear setback is 6ft. Why are we more restrictive in set-backs than cities that are 2x more affluent than
Campbell? If the point of the ADU's is to provide more affordable housing and housing options, wouldn't it be
in the best interest of Campbell to be less restrictive? Look at San Jose, 0 feet setbacks.
2. "Attached Garage Size Exception: The aforementioned size limitation (700 or 1,200 square-feet) is inclusive
of the ADU's living area and uninhabitable spaces, with the exception of an attached garage not exceeding 400
square-feet. This limitation is intended to prevent construction of an attached garage or storage building that is
disproportionate in size to an ADU. For example, there is currently no restriction that would prevent
construction of a 700 square-foot ADU with an attached 1,500 square-foot garage/storage building other than
FAR and lot coverage. "
Why is the city of Campbell limiting the size of ADU + Garage =/< 1100 sq ft.? In my case, I have an
oversized garage. I bought it that way and yet I'm penalized for it by further limiting the ADU size that can be
built?
9.h
Packet Pg. 268 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Quynh Chau
Sent:Tuesday, November 27, 2018 11:29 AM
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Hi Daniel,
Thanks for the clarification. Is the planning commission still accepting feedback? A 12 ft side-street setback is
very restrictive for homeowners with a corner lot. Especially if the majority of the backyard is on the side of
house. 12ft from the side fence, 5 ft from the main dwelling, and 10 ft from the back fence is a lot of restricted
space :( Can you please ask the committee to reconsider reducing the side-street setback (i.e. 6 ft)?
Thank you,
Quynh Chau
9.h
Packet Pg. 269 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Geoff Bradley <GBradley@m-group.us>
Sent:Tuesday, November 27, 2018 1:32 PM
To:Daniel Fama
Subject:Re: ADU ordinance question
Thanks Daniel; I appreciate the info.
I understand the desire to create deed restricted affordable housing, but state law and HCD clearly treats
ADUs as affordable type of housing by design. The HCD ADU manual makes this pretty clear:
"ADUs are an affordable type of home to construct in California because they do not require paying for land,
major new infrastructure, structured parking, or elevators." page 1, Dec. 2016 HCD ADU Memo
From HCD ADU FAQs: "However, like all development standards (e.g., height, lot coverage, lot size), unit sizes
should not burden the development of ADUs. For example, setting a minimum unit size that substantially
increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with
the intent of the statute."
All of the bay area cities we have worked on Housing Elements do not require affordable deed restrictions.
The 2 or 3 that did in the past stopped doing it since it was a large barrier for homeowners, resulting in a lack
of ADU production.
I don't think the city should consider artificially creating a lower size limit and then requiring affordability
restrictions in order to go higher.
thanks,
GEOFF I. BRADLEY, AICP | PRINCIPAL + PRESIDENT
M‐GROUP
|
A NEW DESIGN ON URBAN PLANNING
POLICY ∙ DESIGN ∙ ENVIRONMENTAL ∙ HISTORIC ∙ ENGAGEMENT ∙ STAFFING
CAMPBELL | SANTA ROSA | NAPA | HAYWARD
307 Orchard City Drive, Suite 100 | Campbell | CA | 95008 | 408.340.5642 X102
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Daniel Fama
From:raja
Sent:Monday, March 11, 2019 7:33 PM
To:Daniel Fama
Subject:Fwd: Regarding City of Campbell's restrictive ADU law
Hi Daniel
Firstly, Sincerely appreciate all the time and effort you have been placing into updating the ADU ordinance.
I am Fwding you this email from Greg at CA HCD, Please include this in your communication to planning
commission.
This is in regards to the proposal of BMR based restrictions on ADU's
Also based on what is mentioned in state law and also in documents / meeting minutes regarding ADU's of
various cities following is
Affordability restrictions on ADU's are against intent of state law, ADUs are inherently affordable and
per the State planning law, Cities cannot impose regulations beyond that allowed in the statute.
CA HCD has previously provided this clarification to los altos which was mentioned here.. http://los-
altos.granicus.com/MetaViewer.php?view_id=7&clip_id=1366&meta_id=55716
---------- Forwarded message ---------
From: Nickless, Greg@HCD
Date: Fri, Mar 8, 2019 at 8:14 AM
Subject: RE: Regarding City of Campbell's restrictive ADU law
To: raja <r
Raja-
Please refer to ADU law (Gov. Code Section 65852.2(a)(6)), where it notes that the state standards
are the maximum standards and that no additional standards, other than those provided in the state
law, shall be utilized or imposed.
http://www.hcd.ca.gov/community-development/housing-element/housing-element-
memos/docs/Accessory-Dwelling-Unit-Legislation.pdf
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory
dwelling unit on a lot zoned for residential use that contains an includes a proposed or existing single-family dwelling. No
additional standards, other than those provided in this subdivision, shall be utilized or imposed, except that a local agency
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2
may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be
used for rentals of terms longer than 30 days.
-Greg
From: raja
Sent: Thursday, March 7, 2019 5:29 PM
To: Nickless, Greg@HCD <Greg.Nickless@hcd.ca.gov>
Subject: Re: Regarding City of Campbell's restrictive ADU law
Thanks for the quick response Greg,
Can i bother you with one more question. Can Below Market Rate restrictions be imposed on ADU's as per the
current ADU laws of the state?
I am reading notes from Community Development Director, City of Los Altos here and it indicates that State
has already clarified to some cities that it is not
ADUs are inherently affordable and per the State planning law Cities cannot impose regulations beyond
that allowed in the statute.
So residents of Campbell are feeling that placing BMR restrictions on ADU will discourage the residents to
build a ADU considering they cannot recover the cost of construction.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Greg Nickless
Housing Policy Analyst
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
Phone: 916.274.6244 | Fax: 916.263.7453
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3
Thanks
Raja
On Thu, Mar 7, 2019 at 5:02 PM Nickless, Greg@HCD <Greg.Nickless@hcd.ca.gov> wrote:
I am sorry to say that it has not be finalized. All new letter requests are, of course, getting in line
behind Campbell.
Thank you for asking again.
From: raja <
Sent: Thursday, March 7, 2019 4:55 PM
To: Nickless, Greg@HCD <Greg.Nickless@hcd.ca.gov>
Subject: Re: Regarding City of Campbell's restrictive ADU law
Hi Greg
Hope all is well.
Sorry to bother you again, I did not see an update under ADU ordinance review letters sent to
jurisdictions of http://www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml
So I wanted to followup with you on the status of your departments review letter to City of Campbell regarding
ADU ordinance.
Planning department of campbell is presenting a report on ADU's to planning commission on March 12th, and
so i wanted to check on the availability of your departments response to City of Campbell.
Thanks
Raja
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Daniel Fama
From:Kurt Anderson <>
Sent:Tuesday, March 12, 2019 4:14 PM
To:Daniel Fama
Subject:FW: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
To all:
Unfortunately, I will not be able to attend this evening but as a practicing architect that is located in Campbell,
I am in full support of ADU’s and suggest the following:
Minimum rear setback should be 3’-5’ which is allowed by the Building Code depending on wall
construction and whether or not there is openings (doors or window) in those walls. This relates to
single story ADU’s. If there is a proposed two story unit, the setbacks should be doubled.
There should be a minimum separation of 20’ between the main house and the ADU promoting privacy
and open space.
The maximum height should not exceed what is currently allowed for single family homes. This allows
the design professional to create some interesting architecture.
There should be no minimum lot size for an ADU. If we can design a structure that meets all the
criteria, setbacks and parking, the lot size should not matter.
It should be a simple building permit application.
The applicant should work with the neighbors to insure adjacent privacy which can be dealt with via
landscape and openings placement in the structure.
An ADU should include a full bathroom and kitchen facilities along with living space and a sleeping area
which could be combined.
The ADU should meet all current and respective codes in regard to construction.
There should be no restriction on the size of the ADU, each unit has to be reviewed on a single basis.
I hope this helps and good luck at the meeting this evening.
Kurt B. Anderson, AIA, CGBP
Principal
Anderson Architects, Inc.
120 W. Campbell Ave.
Suite D
Campbell, CA 95008
(408) 371-1269 Office x 1261
(408) 370-1276 Fax
(
From: Reza T
Sent: Tuesday, March 12, 2019 1:51 PM
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Packet Pg. 274 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
1
Daniel Fama
From:Em
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
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Daniel Fama
From:Vikki Essert <
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
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Daniel Fama
From:Krishna Mandava >
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
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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.
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1
Daniel Fama
From:Mike O'Hara
Sent:Tuesday, September 24, 2019 3:29 PM
To:Daniel Fama
Subject:Re: Accessory Dwelling Unit (ADU) Ordinance Update - Interest List
Daniel:
Thanks so much for passing along the information on the new ADU ordinance. I had hoped to be able to attend tonight's
hearing, but a change in plans does not allow me to do so, so I am sending this email. I want to applaud you and the City
on its adoption of a new ordinance for ADU's. As you have stated, this is an excellent means by which the Bay Area can
begin to find and implement creative solutions to the soul crushing affordability crisis. It is indeed a crisis, especially in
cities nearest the exceedingly robust job centers. We must implement what we can, where we can, to mitigate some of
the difficult circumstances associated with housing affordability. ADU's have tremendous potential to fill a gap in the
affordability crisis, especially in cities like Campbell that were developed with larger lots, that are close to transit, and
that are close to job centers. This is precisely the response we need, because 8 ADU's or 11 ADU's a year is clearly not
enough. However, I am concerned about a few provisions in the current proposed ordinance that I think lessen its
potential for positive impacts. Accordingly, I have a few suggestions for the Commission to consider.
1. I would like to see any requirement for owner occupancy (section 21.23.060 B) be removed. In the crisis
that we are in, there is no need to restrict these units from being built, just because the owner of the
building does not live there. There are myriad circumstances where this becomes a hardship for the
owner. This becomes a roadblock to these units getting built, especially on larger lots. If neighbors are
concerned with being over‐run by rentals, there are other safeguards to ensure that the property is
maintained.
2. I would like to encourage you to consider adjusting the maximum size of the ADU's based on the existing
house size (21.23.030 G caps the ADU at 50% of the house size). Campbell is full of small homes (<1,000
sf) on large lots. Why not set the maximum based on lot size, along the lines of something like: allow an
exemption to this requirement if the lot size exceeds 7,000 sf, for example, such that the ADU can be a
minimum 650 sf regardless of main house size, but can increase up to 1,200 sf at the 50% ratio (i.e., a
1,000 sf house could allow for a 650 sf ADU, while a 2,000 sf house could allow for a 1,000 sf ADU). This
would allow more flexibility for the ADU occupancy in the large lot/small home scenario, with little in the
way of additional impact on neighbors.
3. One of the primary impediments to more ADU's being built is the application of development impact fees
("DIF's") and hook up costs to the new uni. To encourage the building of these units, I would like to see
the City consider waiving (or greatly reducing) all DIF's, and not just as an incentive to provide low income
affordability (21.23.060 D). Similarly, water and sewer hook up costs should similarly be waived or
reduced. The "impact" was already created with the building of the main house, and because household
sizes have shrunk over time, many SFD's are below the occupant capacities anticipated at original build
out. This under‐capacity issue is increased in a large lot situation. Again, Campbell has an abundance of
these types of lots.
Thanks so much for the opportunity to provide input to this important proposed ordinance.
Mike O'Hara
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Paul Kermoyan
From:Jo-Ann Fairbanks
Sent:Tuesday, October 8, 2019 9:53 AM
To:Paul Kermoyan; Corinne Shinn; danielf@cityofcampell.com
Cc:Audrey Kiehtreiber; Elizabeth Gibbons-Offsite; Anne Bybee; Paul Resnikoff; Rich
Waterman; Susan M. Landry
Subject:Planning Commission Meeting 10/8/2019 - ADUs and the taking of our neighborhoods
Paul and Corrine,
Please forgive the delay in getting this to the Commission for tonight’s meeting. I’d like to be present to offer feedback
at the Public Hearing but am unable to do so.
Thanks for what you can do in getting this to the Commission.
Jo-Ann
Date: October 8, 2019
To: Planning Commission
Cc: City Council
From: Jo-Ann Ash Fairbanks
Re: Public Hearing on ADUs
Yes, the State can and is taking our neighborhoods, undermining our General Plan, Campbell’s vision of itself, including
its Area Plans. Let’s not roll over and hand ‘em over. Let’s use (good) design standards to protect and preserve our
neighborhoods AND increase more affordable housing. We can do both. We don’t, however, need to do it by by setting
standards that chip away at our General Plan and its accompanying Area Plans that preserve and protect Campbell’s
vision of itself. And we can do it by “densifying” as the State is requiring without throwing or giving away our design
standards and neighborhoods.
Just Say No:
Do NOT recommend to the City Council the adoption of City-wide ADU standards — it takes away the purposing behind
Area Plans, in this case the STANP and Campbell Village Neighborhood Plan. The STANP was adopted to retain the San
Tomas area’s unique character, generally an open rural feel, lots that would protect access to light, sun, privacy. We
CAN build ADUs, meet the State’s standards in whatever form they may be coming AND protect our Area Plans. For
parts of the City that do not have area plans, “City-wide standards” can make sense. While it may be convenient, It does
not make sense for Area Plans. It disrespects the importance that Area Plans bring to the City.
It’s My Properly — I should be able to do what I want with it:
Many who want to build ADUs see the STANP as impinging upon their “rights” — and just as many are saying “yes” build
but not when you take away my solar access and privacy, my enjoyment of my property (especially for one-storey
neighbors). We must and can use Design Standards that can do both.
The Future and Sustainability:
When we reduce setbacks, we take away what the STANP is designed to protect. We want to look for opportunities to
increase housing, offer flexibility to landowners for using their properties for family members or others and be future-
thinking about our environmental responsibility — do what the California Government Code requires...local
governments shall provide where feasible, for current, future, passive or natural heating and cooling opportunities, and
to protect FUTURE sunlight/solar access. The current recommended ADUs standards do not provide for this.
Try it — It’s Possible, Practical, and Responsible:
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Use the STANP as a model by adding a “Daylight PLane” (Palo Alto Daylight PLane Section 18.01.020 et al), or examining
Saratoga’s. These planes allow development and in conjunction with the setbacks and height limits create an invisible
tent that allows development while preserving privacy and exposure to natural light and solar access. Campbell is
behind in not adopting such standards especially in light of our responsibility to be more environmentally “sustainable”
in an era of scary climate change. We must do our part here.
Bottom Line:
The Council’s directive is “preserve and protect neighborhoods.” By hacking away at area plans unnecessarily through
City-wide ADU standards, we are taking away or giving away our own neighborhoods with little return and without
contributing to a sustainable future.
- - - -
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Packet Pg. 281 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
STACC ADU
Development Standards Proposal
SAN TOMAS AREA NEIGHBORHOOD PLAN
Page 1August 13, 2019 at 11:36 AM
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Packet Pg. 282 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Topic Page #
ADU 1 ......................................................................
Area Plans 3 ............................................................
Accessory Dwelling Units General Info 4 ............
ADU Development Standards; Zoning 6 ............
Attached ADU
Detached ADU
Development Standards JADU 7 .........................
Design Standards; Enclosed Staircase 8 .............
Window Placement 9 ............................................
Balconies & Roofdecks
Permits and Fees 10...............................................
TABLE OF CONTENTS
Page 2August 13, 2019 at 11:36 AM
Topic Page #
Usage Restrictions 11 ............................................
Owner Occupancy and Short Term Rentals
Below Market Rate
Site Standards New Construction 12 ...................
Site Examples 14 ....................................................
Sample Plans for ADUs 15 ....................................
Changes in State Law Affect ADUs 16 .................
Difference Between a Tenant & Lodger 20 ........
Team Members 23 .................................................
SAN TOMAS AREA COMMUNITY COALITION (STACC)
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Packet Pg. 283 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Area Plans are integral parts of the General Plan,
guiding building and development decisions
within a defined geographic area of a city to
preserve and protect a unique environment,
characteristic, community value, or lifestyle.
Background:
The San Tomas Area Neighborhood Plan was
developed and adopted after extensive public
participation. As the first neighborhood plan in
the City of Campbell it achieves its goal to allow
this area to retain its unique character of an
open, rural feel with larger lots and ample
access to light, sun, and privacy.
State vs. Local Control:
With more and more recent state laws
preempting local control over development in
City neighborhoods, most recently seen in the
laws about ADUs, it is critical that we use what
means we have left to protect and preserve our
General Plan, its established Area Plans, and our
residential neighborhoods. We believe this
should be done with design standards, in this
case within the STANP.
Area Plans
HISTORY OF THE SAN TOMAS AREA NEIGHBORHOOD PLAN (STANP)
Page 3August 13, 2019 at 11:36 AM
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Packet Pg. 284 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
A stand alone cottage style ADU,
photos courtesy of Acton ADU
How do they contribute to the neighborhood?
Campbell has always been a community that values family and its
traditional neighborhoods. Today with the shortage of affordable
housing, households often include parents, adult children and other
family members. In many ways this is a return to the days of the San
Tomas neighborhood’s roots when it was a rural farming community.
Our goal is to work with the City of Campbell to implement standards
that help homeowners develop Accessory Dwelling Units (ADUs), also
known as Granny Units or secondary living units. Those standards
should be sensitive to the surrounding neighborhood and contribute
rather than detract from the San Tomas Area Neighborhood Plan
(STANP) in order to provide more housing.
One way to accommodate today’s housing needs is to provide
standards that encourage homeowners to build ADUs. By allowing
these small residences, we can help our neighbors to meet their
extended family housing needs on the same lot as their existing
residential home. ADUs can also increase the available rentals,
providing more housing overall.
Accessory Dwelling Units
GENERAL INFORMATION
Page 4August 13, 2019 at 11:36 AM
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Packet Pg. 285 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
MICRO, SMALL, MEDIUM OR LARGE - THE JUST RIGHT ADU
State law allows ADUs of up to a maximum of
1200 sqft. They may be built as a freestanding
house, as an addition to the main house, or
over a detached garage. They may be
created by converting all or part of an
existing structure (such as a detached garage
or storage unit), or by building a new living
space within an existing residence.
Page 5August 13, 2019 at 11:36 AM
Some examples of how to create an ADU
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Packet Pg. 286 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Zoning
ADUs must exist on a lot that is zoned for
single-family homes. ADUs are allowed on any
residential lot with an existing single family
home, regardless of parcel size. They have
their own entrance, separate from the primary
house, as well as a kitchen, bathroom and
living space.
Building (lot) coverage and Floor to Area Ratio
(FAR) calculations govern the size of an
allowed ADU by restricting them to the
guidelines already detailed in the San Tomas
Area Neighborhood Plan.
Attached ADU: The floor area of the ADU
shall not be more than 50% of the existing
residence up to 1,200 sqft For example, if your
existing house is 2,500 sqft, the attached ADU
cannot exceed 1,200 sqft. The floor area of the
ADU unit shall be included when calculating
the total FAR of the lot.
Detached ADU: For a detached ADU, the
total floor space area shall not be more than
1,200 sqft, regardless of the size of the
primary residence. The floor area of the ADU
unit shall be included when calculating the
total FAR of the lot.
ADU Development Standards
SAN TOMAS AREA NEIGHBORHOOD PLAN
Page 6August 13, 2019 at 11:36 AM
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Packet Pg. 287 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
JADU (Junior
Accessory Dwelling
Units): JADUs, are
typically bedrooms in a
single-family home that
have an entrance into
the unit from the main
home and an entrance
to the outside from the
JADU. The JADU must
have cooking facilities,
including a sink, but is
not required to have a
private bathroom.
Since the goal is to
provide housing while
maintaining the unique
character of the San
Tomas Area, we
propose that JADUs be
prohibited.
Traditionally home
owners have rented
rooms in their home,
sharing kitchen,
laundry and bathroom
access with their
lodgers. This allows for
better maintained
homes which provide
increased housing as
well as income for the
home owner.
ADU Development Standards
SAN TOMAS AREA NEIGHBORHOOD PLAN
Page 7August 13, 2019 at 11:36 AM
JADU
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August 13, 2019 at 11:36 AM Page 8
Enclosed Staircase:
Privacy and consideration of neighbors is a key
element in the STANP. In keeping with this, we
propose that ADUs which are two story
detached buildings, or located on the second
story of an existing residence, have enclosed
Design Standards
STANP ADU PRIVACY, NOISE, QUALITY OF LIFE
exterior staircases. Skylights that do not open are
allowed. This will provide privacy and sound reduction
as people enter and exit the building. Remember,
these units are on single family zoned properties, and
are not to be treated as multi-unit housing.
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Packet Pg. 289 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Window Placement:
We propose that windows that are adjacent to
the neighbors (interior property line) be kept at
a height such as to provide privacy for the
neighbors. The use of clerestory and smaller
windows in these spaces would meet this
standard. For privacy, any bathroom windows
should be obscured glass.
Balconies and Roof Decks:
Again, consideration of the neighbors is key,
and we believe that since the ADUs are
generally within much smaller setbacks than is
required for primary residences in the San
Tomas Area that balconies and roof decks be
prohibited in second story stand alone units.
Exceptions would be conversion of an existing
room in a residence which already has a
balcony.
Design Standards continued
STANP ADU PRIVACY, NOISE, QUALITY OF LIFE CONTINUED
Page 9August 13, 2019 at 11:37 AM
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Packet Pg. 290 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Permits and Fees
We propose that ADUs 720 sqft or
smaller be exempt from:
•Building permit fees.
•Park impact fees.
FEES AND PROCESSES
Page 10August 13, 2019 at 11:37 AM
A stand alone cottage in modern style with
clerestory windows
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Packet Pg. 291 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
USAGE RESTRICTIONS
Owner Occupancy and Short Term
Rentals
While the goal of ADUs is to provide much
needed housing there should be an owner
occupancy restriction to promote landlords who
have an interest in maintaining the property.
Short term rentals (terms less than 30 days) will
not be allowed on parcels with ADUs and any
existing short term rental permit must be
forfeited before applying for a permit to build an
ADU.
Below Market Rate (BMR) Incentive
While most of the ADUs being constructed today
are needed to provide housing for family
members it is likely that these units will be rented
at some time. Construction of an ADU is a costly
endeavor, and homeowners shall be able to
charge the market rate for rentals.
Page 11August 13, 2019 at 11:41 AM
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Site Standards New Construction
SETBACKS, HEIGHTS, LOCATION
Page 12August 13, 2019 at 11:42 AM
Zoning Code for ADUs in the
STANP
All Residential zones, R1-6, 8, 9, 10 and above, NO MINIMUM
LOT SIZE
1 No Minimum lot size ADU size is determined by STANP FAR & Lot Coverage rules.
2 Minimum and maximum unit
size
Minimum 200 sqft, maximum size 1200 sqft.
3 Maximum height single story
detached
14 feet. This provides for a lower building than the primary residence
and is less intrusive to the neighbors.
4 Maximum height two story
detached
24 feet, (this is 4 feet shorter than the primary residence limit of 28
feet).
5 Detached ADU entrance,
main windows and entry
Shall be oriented towards main house, front of lot, and away from
side and rear property lines.
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Site Standards New Construction
SETBACKS, HEIGHTS, LOCATION
Page 13August 13, 2019 at 11:42 AM
Zoning Code for ADUs in the STANP Setback Standards Detached ADUs Interior and Attached ADUs
6
Property Line Setbacks
Front The same standard as for the
primary dwelling unit
The same standard as for the
primary dwelling unitInterior Sides 5 feet or one-half the building
wall height, whichever is
greater
Rear 10 feet or 5 feet, To Be Determined.
10 feet setbacks provide more privacy, and noise buffering,
and light and air between neighbors.
5 feet setbacks provide more options for development.
Street Side 12 feet
7
Separation from Primary Dwelling
Unit
If located in front of the
primary dwelling unit
10 feet
Not applicableIf located behind the
primary dwelling unit
If located to the side of
the primary dwelling unit
5 feet
8
Separation from Accessory
Structure(s)
If located in front of the
accessory structure
10 feet
As specified by Municipal
Code Section 21.36.020
(Accessory structures)If located behind the
accessory structure
If located to the side of
the accessory structure
5 feet
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Packet Pg. 294 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
Site Standards New Construction
SETBACKS, HEIGHTS, LOCATION
Page 14August 13, 2019 at 11:42 AM
Zoning Code for ADUs in the
STANP
All Residential zones, R1-6, 8, 9, 10 and above, NO MINIMUM LOT
SIZE
9 ADU exterior If attached to the main home or visible from the front it must relate to
main house in building materials, roofline and other details. If not visible
from the front flexibility of appearance is allowed. For instance, main
home ranch, ADU Asian, Southwest, etc.
10 Second Story (1) Allow an ADU to be created from existing second-story space; (2)
allow an ADU as a second-story addition, but not above an attached
garage; and (3) allow an ADU above a detached garage on a property
with an existing/proposed 2-story home (not to exceed 24’ in height,
see above)
11 Second Story Stairwell Exterior staircases are required to be enclosed, skylights allowed.
12 Second Story Windows All second-story windows less than 8 feet from interior property lines
shall be clerestory with the bottom of the glass at least 6 feet above the
finished floor.
13 Single Story Windows All first-story windows less than 8 feet from interior property lines shall
be clerestory with the bottom of the glass at least 6 feet above the
finished floor.
14 Bathroom Windows All bathroom windows to be obscured glass.
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Page 15August 8, 2019 at 9:36 PM
Site Examples
EXAMPLES OF ADU TYPES
August 13, 2019 at 11:42 AM
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SAMPLE PLANS FOR ADUS
Page 16
August 13, 2019 at 11:44 AM
550 sqft
900 sqft
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IT’S THE LAW
Changes in State Law Affect ADUs
There have been several changes recently in the
regulations for ADUs, as a result of recent changes
to the California law governing this type of
housing. The new state standards remove some of
the barriers to building ADUs by revising parking
requirements, deleting the requirement for fire
sprinklers in some cases, and recognizing
conversions of existing structures into ADUs.
Throughout this document our proposed
standards reflect changes in the law. This page acts
as a quick reference to both proposed and newly
passed legislative rulings, although by no means a
complete list.
The following pages contain a brief synopsis of
adopted and proposed state laws.
JADU: AB 2406 (Adopted) added Government
Code Section 65852.22, providing a unique option
for Junior ADUs.
SB 1226 (Bates), adds Section 17958.12
(Adopted) For ADUs that were constructed
without building permits, local building officials
now have the option to inspect an ADU and apply
the building standards that were in effect at the
time the unit was constructed.
S.B. 1069 (Chapter 720, Statutes of 2016)
(Adopted) reduces parking requirements, fees
and authorizes ministerial approval.
AB 2299 (Blom) (Chapter 735, Statutes of 2016)
(Adopted) ministerial approval.
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IT’S THE LAW
AB-68- passed committee.
Delete the provision authorizing the imposition of
standards on lot coverage and would prohibit an
ordinance from imposing requirements on
minimum lot size.
Reduces approval/denial time window to 60 days
from existing 120 days.
Must permit an accessory dwelling of 800 sqft or
greater that is 16 feet in height with 4-foot side
and rear yard setbacks.
Prohibit the imposition of limits on lot coverage,
floor area ratio, open space, and minimum lot size
if they prohibit the construction of an accessory
dwelling unit.
Allow 1 ADU & 1 JADU if following are met.
Allow HDU (Housing and Community
Development) to submit written findings to local
agencies on the local ADU law and notify the
Attorney General that the local agency is in
violation of state law if the local agency does not
Amend its ordinance or adopt a resolution with
specified findings.
ADU cannot get certificate of occupancy even if
primary house is not issued certificate of
occupancy.
Cities with out JADU ordinance shall follow
standards in this bill for JADU.
Cities & school districts will be reimbursed for new
costs resulted due to mandate from state.
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Changes in State Law Affect ADUs (cont)
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IT’S THE LAW
AB-881: in committee
Local Agencies cannot impose owner occupancy
requirement until January 1st 2025.
Close any loop holes which allow local agencies
to interpret the ADU law , by defining public
transit, accessory structure.
No reimbursement is required by this act for costs
due to state mandate.
AB-1585: first reading
Establish affordable housing zoning board to
streamline process of approving affordable
housing.
AB-670: third reading
Voids any deed, contract, security instrument or
other instrument effectively prohibits or
unreasonably restricts the construction or use of
an ADU or JDU.
SB-13: refer to committee before passing
Prohibits local agencies from requiring
replacement of garages, car ports , if they are
demolished to build an ADU.
Minimum square feet for attached or detached
accessory dwelling is 850 sqft & 1,000 sqft if the
accessory dwelling unit contains more than one
bedroom.
ADU may be attached to, or located within, an
attached garage, storage area, or other structure.
Prohibit a local agency from requiring occupancy
of either the primary or the accessory dwelling
unit.
Reduces approval/denial time window to 60 days
from existing 120 days.
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Changes in State Law Affect ADUs (cont)
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Packet Pg. 300 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
IT’S THE LAW
Defines ”accessory structure” to mean a structure
that is accessory and incidental to a dwelling
located on the same lot.
Allow HDU to submit written findings to local
agencies on the local ADU law and notify the
Attorney General that the local agency is in
violation of state law if the local agency does not
amend its ordinance or adopt a resolution with
specified findings.
Local agency may count an accessory dwelling
unit for purposes of identifying adequate sites for
housing in accordance with those provisions.
Request that the enforcement of the violation be
delayed for 5 years if correcting the violation is
not necessary to protect health and safety.
Local Agencies cannot impose owner occupancy
requirement for 5 years.
No reimbursement is required by this act for costs
due to state mandate.
AB-1074: in committee
Establish the Accessory Dwelling Unit
Construction Program, moneys in the
construction fund are continuously appropriated
to the department for purposes of providing
loans to homeowners to finance the construction
of accessory dwelling units.
AB-69: in committee
Establish small building standards to govern
accessory dwelling units smaller than 800 sqft on
or before January 1st 2021.
Intent is to ease building standards for ADUs
smaller than 800 sqft.
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Changes in State Law Affect ADUs (cont)
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Packet Pg. 301 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
IT’S THE LAW
AB-671: in committee
Primarily deals with low house income, The only
reference to ADU is as follows
Local agencies should have a plan to incentivize
and promotes the creation of accessory dwelling
units that can be offered at affordable rent for
very low, low or moderate-income households in
its housing element.
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Changes in State Law Affect ADUs (cont)
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Packet Pg. 302 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
TENANT AND LODGER LAW
What Is The Difference Between a
Tenant and a Lodger?
By Christopher Coble, Esq. on March 31, 2015
10:53 AM
You're a landlord. You let someone rent your
house or a room in your house. Is he a tenant or
a lodger? Is there a difference?
The rights and responsibilities of a landlord are
many. However, if you don't know the difference
between a tenant and a lodger, you may be
getting yourself into legal hot water or creating
unnecessary headaches for yourself.
So, what's the difference between a tenant and a
lodger? Why does it matter?
Tenant
The laws and definitions of tenant and lodger
may vary among states.
Generally, a tenant is the person who rents an
apartment, house, duplex, condominium, or the
shed in your backyard. As long as the person
lives there for a set rental period, pays rent, and
has exclusive right to the rental unit during a
lease term, that person is a tenant.
Lodger
If you live in a house, and you rent a room in that
same house to another person, that person is a
lodger. You have to live in the house with the
person the entire time for him to be a lodger.
For example, you rent a room in an empty house
to somebody. He is considered to be a tenant.
You later move into another room in that house.
Even though you own the house, the tenant is
still a tenant. He does not become a lodger.
However the opposite is not true. You rent a
room in the house you're living in to a lodger.
You move out of the house, but the person is still
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TENANT AND LODGER LAW CONTINUED
renting a room there. That person now becomes
a tenant, with the rights and responsibilities of a
tenant.
Why Does It Matter?
Tenant
If you want to get rid of a tenant, you must go
through the formal eviction process. You must
first give notice. If the tenant does not leave at
that point, you must wait for the notice to expire,
then file a lawsuit for eviction. If you win your suit
and the tenant still does not leave, you must
then get the sheriff's office to enforce the
eviction order. This can take months and cost
you a lot of money.
But don't try to just kick your tenant out, they
have rights too. The tenant may sue for trespass,
wrongful eviction, assault, battery, etc. If the
tenant sues successfully, you may be required to
reimburse him for temporary housing or even
pay monetary penalties of two or three months
rent.
Lodger
Unlike evicting a tenant, getting rid of a lodger is
much easier. You don't have to go through the
rigmarole of eviction. You only need to give
notice one billing cycle before you want him to
leave. So if your lodger pays rent every 30 days,
you must give 30 days' notice. At the end of the
notice period, if the lodger does not leave, he
becomes a trespasser. You can then call the
police to remove him as a trespasser. Easy right?
So while the terms tenant and lodger may sound
similar, it is important to distinguish between the
two to make sure you are fulfilling your duties as
a landlord. Check with your state's laws to see if
there are more specific definitions or
requirements.
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Packet Pg. 304 Attachment: Public Comment (PLN2017-375 ~ ADU Ordinance Update)
STACC TEAM MEMBERS
Team Members:
Maggie Desmond Area 7
Rebecca Yates Area 11
Gail & Jim Miller Area 9
Shirley Chan Area 4
Jo-Ann Fairbanks Area 10
Audrey Kiehtreiber Area 4
Barbara Robinson Area 6
Raja Pallela Area 7
Team Readers:
Ellen Paige Dorsa Area 4
Harry Greenwood Area 9
John Carcich Area 9
Lalit Merani Area 4
Joanne Carroll Area 4
Page 24August 13, 2019 at 12:08 PM
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