CC Ordinance 2277Ordinance No. 2277
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 9
TO ALLOW FOR TWO -UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS IN
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS. (FILE NO. PLN-2021-187)
WHEREAS, on September 16, 2021, the Governor of the State California signed into
law Senate Bill No. 9 (Atkins), "An act to amend Section 66452.6 of, and to add Sections
65852.21 and 66411.7 to, the California Government Code, relating to land use," which
requires ministerial approval of a housing development of no more than two units in a single-
family zone (proposed housing development), the subdivision of a parcel zoned for residential
use into two parcels (urban lot split), or both.
WHEREAS, certain zoning and subdivision standards of the City of Campbell Zoning
and Subdivision Codes, respectively, and their permitting procedures are inconsistent with
the proposed housing developments and urban lot splits authorized by Senate Bill No. 9.
WHEREAS, the provisions of Senate Bill No. 9 shall be in effect on January 1, 2022,
and without locally codified objective design standards and implementation procedures, the
law presents a current and immediate threat to the public peace, health, safety, and welfare,
in that certain existing zoning and subdivision standards are in conflict with Senate Bill No. 9
and could create confusion and hinder the development of the additional residential units
enabled under Senate Bill No. 9.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to
adopt urgency measures as an interim ordinance.
WHEREAS, pursuant to Section 65852.210) and Section 66411.7(n) of the
Government Code, a local agency may adopt an ordinance to implement Senate Bill No. 9.
WHEREAS, this interim ordinance adopts interim urgency objective zoning standards,
objective subdivision standards, and objective residential design standards as to allow for
orderly housing development and subdivision of land as authorized by Senate Bill No. 9 while
protecting the public peace, health, safety, or welfare in the City of Campbell.
WHEREAS, it is not the intent of this interim ordinance to adopt permanent standards
to govern the development of single-family zoned properties. The City Council reserves the
right to adopt permanent standards consistent with Senate Bill No. 9 that will supersede those
contained in this interim ordinance.
WHEREAS, it is not the intent of this interim ordinance to deny approvals needed for
the development of projects with a significant component of multifamily housing.
WHEREAS, in light of the foregoing findings, the City Council further finds that there is
a current and immediate threat to the public health, safety, or welfare, and that the approval
of additional subdivisions, use permits, variances, building permits, or any other applicable
entitlement for use which is in conflict with this ordinance would result in that threat to public
health, safety, or welfare.
WHEREAS, adoption of this interim ordinance is not a project under the California
Environmental Quality Act (CEQA) pursuant to California Government Code Section
65852.210) and Section 66411.7(n) relating to implementation of Senate Bill No. 9.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE): This interim ordinance establishes interim exceptions to the Zoning
Code to allow proposed housing developments and urban lot splits as specified by California
Government Code Sections 66452.6, 65852.21, and 66411.7, as adopted and amended by
Senate Bill No. 9. The provisions of this interim ordinance shall supersede any other provision
to the contrary in the Zoning Code or Subdivision Code. Zoning standards and design review
standards provided for in the Zoning Code that are not affected by this interim ordinance shall
remain in effect. It is not the intent of this interim ordinance to override any lawful use
restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs) of a
common interest development.
SECTION 2 (APPLICABILITY): This interim ordinance is applicable only to voluntary
applications for proposed housing developments and urban lot splits. Owners of real property
or their representatives may continue to exercise rights for property development in
conformance with the Zoning Code and Subdivision Code. Development applications that do
not satisfy the definitions for a proposed housing development or an urban lot split provided
in Section 3 (Definitions) shall not be subject to this interim ordinance.
SECTION 3 (DEFINITIONS): In addition to the terms defined by Article 6 (Definitions) and
Section 21.23.120 (Definitions), the following terms shall have the following meanings as used
in this this interim ordinance. Where a conflict may exist, this Section shall prevail over any
definition provided in the Zoning Code:
"Acting in concert" means persons, as defined by Section 82047 of the Government
Code as that section existed on the date of the adoption of this interim ordinance, acting jointly
to pursue development of real property whether or not pursuant to a written agreement and
irrespective of individual financial interest;
"Addition" means any construction which increases the size of a building or facility in
terms of site coverage, height, length, width, or gross floor area;
"Alteration" means any construction or physical change in the arrangement of rooms
or the supporting members of a building or structure or change in the relative position of
buildings or structures on a site, or substantial change in appearances of any building or
structure;
"Building" means any structure having a roof supported by columns or walls and
intended for any shelter, housing or enclosure of any individual, animal, process, equipment,
goods, use, occupancy, or materials. When any portion of a structure is completely separated
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from every other portion of the structure by a masonry division or firewall without any window,
door or other opening and the masonry division or firewall extends from the ground to the
upper surface of the roof at every point, such portion shall be deemed to be a separate
building;
"Entry feature" means a structural element, which leads to an entry door;
"Existing non -livable space(s)" and 'portions of existing multifamily dwelling structures
that are not used as livable space" as referenced in Section 21.23.050 of the Zoning Code
and Section 65852.2(e)(1)(C) of the Government Code, respectively, refers to storage rooms,
boiler rooms, passageways, attics, basements, garages, carports, and similar spaces that are
located within or a part of existing multifamily dwelling structures that received a certificate of
occupancy prior to January 1, 2022;
"Existing structure" means a lawfully constructed building that received final building
permit clearance prior to January 1, 2022 and which has not been expanded on or after
January 1, 2022;
"Lot types" means "corner lot," "interior lot," flag lot," "double frontage lot," "reversed
corner lot," and "key lot as depicted in Figure 1-1 (Lot Types and Yards), below. A "cul-de-
sac lot is a lot located along the curved terminus formed by the bulb of a cul-de-sac street,
as depicted by Figure Lot 1-2 (Cul-de-Sac Lots). Any other lot type not defined herein shall
be considered an "irregular lot`
Figure 1-1 — Lot Types and Yards Figure 1-2 — Cul-de-Sac Lots
Cumur tot Cemor rot
_._._._._r.__._._,---------
Lot i tnteder
_._erior FIOB Lot i tot
met i i
Lot j
O hie Fronroge lot
- - --.-r.-.---f_._._._.—'
Irt."o, Interior
Lot rot
—'—'— --1 KI rot i— ------
Rr.t,"od Ro.crxd
Came, rot Cmnn tot
i 1
Front Yard
Front Ya.d
side Yard Side Yard
s,rrot-:mo m,d
Rra, rend MEMEN Rear Yard
"Natural grade" means the average existing elevation of datum points located at each
corner of a proposed primary dwelling unit, measured in feet above mean sea level (AMSL);
"Neighborhood plan" means both the San Tomas Area Neighborhood Plan and the
Campbell Village Area Neighborhood Plan, as applicable;
"Nonconforming zoning condition" means a physical improvement on a property that
does not conform with current zoning standards;
'Proposed housing development' means an application proposing no more than two
primary dwelling units on a single parcel located within a single-family residential zone as
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authorized by Section 65852.21 of the California Government Code. A proposed housing
development shall consist of either the construction of two new primary dwelling units, one
new primary dwelling unit and retention of one existing primary dwelling unit, or retention of
two existing legal non -conforming primary dwelling units where one or both units are subject
to a proposed addition or alteration. A proposed housing development may also consist of
one new or existing primary dwelling unit and an accessory dwelling unit(s) and/or a junior
accessory dwelling unit located on a new parcel created from an urban lot split;
"Public transportation" means a high -quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in
Section 21064.3 of the Public Resources Code;
"Single-family residential zone" means an R-1 (Single-family) zoning district as
specified by Chapter 21.08 (Residential zoning districts) of the Zoning Code;
"Subdivision code" means Title 20 of the Campbell Municipal Code;
"Urban lot split" means a ministerial application for a parcel map to subdivide an
existing parcel located within a single-family residential zone into two parcels, as authorized
by Section 66411.7 of the Government Code;
"Yards" means the open space formed by the required building setbacks, as illustrated
by Figure 1-1 and Figure 1-2;
"Zoning code" means Title 21 of the Campbell Municipal Code.
SECTION 4 (GENERAL ELIGIBILITY): An urban lot split or a proposed housing development
may only be created on parcels satisfying all of the following general requirements:
A. Zoning District. A parcel that is located within a single-family residential zone;
B. Historic Property. A parcel that is not listed on the City of Campbell Historic Resource
Inventory, as defined by Chapter 21.33 (Historic Preservation) of the Zoning Code;
C. Legal Parcel. A parcel which has been legally created in compliance with the
Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Code,
as applicable at the time the parcel was created. The city engineer may require a
certificate of compliance to verify conformance with this requirement;
D. Hazardous Waste Site. A parcel that is not identified as a hazardous waste site
pursuant to Government Code Section 65962.5 or a hazardous waste site designated
by the Department of Toxic Substances Control pursuant to Section 25356 of the
Health and Safety Code, unless the State Department of Public Health, State Water
Resources Control Board, or Department of Toxic Substances Control has cleared the
site for residential use;
E. Flood Zone. A parcel that is not located within a special flood hazard area subject to
inundation by the 1 percent annual chance flood (100-year flood) on the official maps
published by the Federal Emergency Management Agency unless a Letter of Map
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Revision prepared by the Federal Emergency Management Agency has been issued
or if the proposed primary dwelling unit(s) is constructed in compliance with the
provisions of Chapter 21.22 (Flood Damage Prevention) of the Zoning Code as
determined by the floodplain administrator;
F. Earthquake Fault Zone. A parcel that is not located within a delineated earthquake
fault zone as determined by the State Geologist on any official maps published by the
State Geologist, unless the proposed housing development complies with applicable
seismic protection building code standards adopted by the California Building
Standards Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code), and
by any local building department under Chapter 12.2 (commencing with Section 8875)
of Division 1 of Title 2;
G. Natural Habitat. A parcel that is not recognized by the City as a habitat for protected
species identified as candidate, sensitive, or species of special status by state or
federal agencies, fully protected species, or species protected by the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game Code),
SECTION 5 (PROPOSED HOUSING DEVELOPMENTS): Proposed housing developments
shall comply with the following objective zoning standards, design review standards, and
general requirements and restrictions.
A. Zoning Standards
The following objective zoning standards supersede any other standards to the
contrary that may be provided in the Zoning Code or a neighborhood plan, as they pertain to
a proposed housing development under Section 65852.21 of the Government Code.
Proposed housing developments shall be constructed only in accordance with the following
objective zoning standards, except as provided by Section E (Exceptions):
1. Air Conditioning Units. Air conditioning units and similar equipment such as
generators, heating, and ventilation equipment shall be ground -mounted,
screened from public view, and separated from property lines as required by
Section 21.18.020 of the Zoning Code;
2. Building Height. Maximum building height shall be as specified by the
applicable zoning district and/or a neighborhood plan for the main structure.
Building height shall be measured from finished grade except for properties
subject to a neighborhood plan which requires maximum building height to be
measured from natural grade;
3. Driveways. Each parcel shall include a single driveway satisfying the following
requirements:
a. A minimum width of 9-feet up to a maximum width of 18-feet;
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b. A minimum depth of 25-feet measured from the front property line;
c. A minimum 5-foot setback from side property lines, except for flag -lots,
and unless a single driveway shared with an adjacent parcel is proposed;
d. Entirely paved with either concrete or pavers. All other surfacing
materials, including but not limited to gravel, decomposed granite, and
asphalt, are prohibited, as are Hollywood drives; and
e. Only a single driveway curb -cut shall be permitted per parcel designed
in accordance with the City's Standard Specifications and Details for
Public Works Construction.
4. Dwelling Unit Type. The primary dwelling units comprising a proposed housing
development may take the form of detached single-family dwellings, attached
townhomes, and/or duplexes. A duplex may consist of two dwelling units in a
side -by -side or front -to -back configuration within the same structure or one
dwelling unit located atop of another dwelling unit within the same structure;
5. Fencing. All new fencing shall comply with the requirements of Section
21.18.060 of the Zoning Code. Proposed housing developments shall not be
eligible for a Fence Exception;
6. Floor Area Ratio and Lot Coverage. The maximum floor area ratio and lot
coverage shall be as specified by the applicable zoning district and/or a
neighborhood plan;
7. Front Yard Paving. No more than fifty percent of the front -yard setback area
shall be paved, inclusive of driveways and walkways, irrespective of the
permeability of the paving material;
8. Grading. Grading activity shall not result in a change in elevation (AMSL) of
more than 6-inches from natural grade, as demonstrated by a grading and
drainage plan prepared by a registered civil engineer;
9. Landscaping Requirement. Front and street -side yards shall be landscaped
with a combination of plantings, including natural turf, ornamental grasses,
groundcovers, shrubs, and trees (one tree per 1,500 square -feet of net lot area
shall be required). All landscaping shall comply with the California Model Water
Efficient Landscape Ordinance (MWELO), adopted as the City of Campbell
water -efficient landscape guidelines pursuant to Section 21.26.030.F of the
Zoning Code;
10. Lighting. New exterior lighting fixtures shall be down -shielded and oriented
away from adjacent properties consistent with Section 21.18.090 of the Zoning
Code and shall not emit more than one half foot candle of illumination at interior -
side or rear property lines;
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11. Minimum Living Area. The minimum living area of a primary dwelling unit shall
be 150 square feet, subject to the restrictions specified by Health and Safety
Code Section 17958.1;
12. Parking. One parking stall per primary dwelling unit shall be required, except
for proposed housing developments located on parcels within one-half mile
walking distance of either a public transportation stop or one block of a car share
vehicle operating in accordance with California Vehicle Code section 22507.1.
Parking stalls may either be uncovered or covered (garage or carport) in
compliance with applicable developments standards of the Zoning Code and an
applicable neighborhood plan, except that uncovered parking spaces may
encroach into a required front yard or street -side yard setback within an existing
or proposed driveway that satisfies the minimum stall dimensions for residential
parking spaces (9-feet wide by 20-feet deep);
13. Private Open Space. Each parcel shall maintain 750 square feet of private
open space per primary dwelling unit, satisfying the requirements of Section
21.08.030, Table 2-3 (General Development Standards — R-1 Zoning District)
of the Zoning Code;
14. Setbacks. Proposed housing developments shall be subject to the setback and
building separation requirements specified by Table 1-1 (Setback
Requirements), below:
Table 1-1 — Setback Reauirements
Setback
Requirement 2
Per the applicable
Front
zoning district and/or
neighborhood plan
Garage Entry
25 feet
Property Line Setbacks (1)
Interior Sides
4 feet (3)
Rear
Street Side
12 feet
Separation Between
Units located in front of, to the side of,
or behind each other
10 feet
Primary Dwelling Units (4)
Units located to the side of each
5 feet
If located in front of the accessory
Separation from
structure
10 feet
If located behind the accessory
ry
Accessory Structure(s)
structure
If located to the side of the accessory
structure
5 feet
Exceptions:
(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may
extend into required setbacks asspecified Section 21.18.040.B.1 of the Zoning Code.
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(2) No setback shall be required for an existing structure, or a structure constructed in the
same location and to the same dimensions as an existing structure.
(3) No interior side setback shall be required for proposed housing development units
constructed as attached townhomes, provided that the structures meet building code
safety standards and are sufficient to allow conveyance as a separate fee parcel.
(4) Except for primary dwellings constructed as a duplex or attached single-family
residences constructed as townhomes.
15. Stormwater Management. Stormwater runoff from impervious surfaces shall
be directed to vegetated areas on the parcel and shall not drain onto adjacent
parcels as specified by the Building Code, and as demonstrated by a grading
and drainage plan prepared by a registered civil engineer;
16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s)
and sewer cleanout(s) shall be relocated and/or installed on the parcel
containing the unit(s) they serve.
B. Design Review Standards
The following objective design review standards apply to construction of new primary
dwelling units and to any addition and/or alteration to an existing primary dwelling units as
part of a proposed housing development, except as provided by Section E (Exceptions):
Balconies/Decks. Rooftop terraces and decks are prohibited. Balconies shall
only be permitted on the front elevation of a primary dwelling unit fronting a
public street. Such balconies shall without any projections beyond the building.
2. Building Colors. Each primary dwelling unit shall incorporate at least two (2)
colors (inclusive of trim) but not more than four colors. Paints shall be uniformly
applied to wall surfaces and no more than one paint color may be applied per
wall. Colors within the 331 ° to 3450 hue range (pinks) in the HSL color model
are prohibited;
Columns and Pillars. Exterior columns and/or pillars shall not exceed a height
of 12-feet or the plate height of the first -story (whichever is less);
4. Finished Floor. The finished floor of the first -story shall not exceed 12-inches
in height as measured from finished grade;
5. Front Entryway. A front entryway framing a front door shall not exceed 14-feet
in height and shall not be taller than 4-feet above the plate height of the first -
story;
Front Doors. Front door openings shall not exceed a width of 4-feet or a height
of 9-feet. Front entry doors for duplex units in a side -by -side configuration shall
be separated by a distance equal to half the linear length of the structure's front
elevation;
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7. Front Porch. If proposed, porches shall have a minimum depth of 5-feet and a
minimum width equal to 25% percent of the linear width of the front elevation.
Porch columns shall not overhang the porch floor;
8. Front Step -back. The front and street -side elevations of the second -story of a
two-story primary dwelling unit shall be recessed by 5-feet from the first -story,
as measured wall to wall;
9. Garages. Street -facing attached garages shall not exceed fifty percent of the
linear width of the front -yard or street -side yard elevation;
10. Plate Height. The plate height of each story shall be limited to 10-feet as
measured from finished floor;
11. Roof Forms. Roofs shall be limited to cross -hipped or hipped and valley forms
with a minimum slope of 4:12 and a maximum slope of 6:12. Gabled and dormer
elements are allowed. All other roof forms are prohibited;
12. Roof Materials. No more than one roofing material shall be used, limited to
asphalt composite shingles, photovoltaic shingles, standing seam metal, clay
tile, concrete tile, and slate shingles. All other roofing materials are prohibited;
13. Stairways. Exterior stairways are prohibited. Stairways necessary to access a
dwelling unit located on a second floor shall be entirely enclosed within the
structure and shall be included in the allowable floor area of the dwelling unit
that it serves;
14. Wall Materials. No more than two exterior wall materials shall be used, limited
to stucco, horizontal or vertical fiber cement siding (in any profile), horizontal or
vertical wood siding (in any profile), and horizontal or vertical engineered
(composite) wood siding (in any profile). Stacked stone or brick veneer may be
used as an accent material, limited to the lower half of the first story (defined as
the area 5-feet below the first -story plate);
15. 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. All other second -story windows shall be limited to
the minimum number and minimum size as necessary for egress purposes as
required by the Building Code;
16. Utilities. Gas and electric meters and connections to gas and electric meters
(i.e. connections to rooftop solar panels) shall be located on side walls adjacent
to interior -side property lines.
C. General Requirements and Restrictions
The following requirements and restrictions apply to all proposed housing
developments, inclusive of existing and new primary dwelling units, as applicable:
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1. Accessory Dwelling Units. In addition to the two primary dwelling units
comprising a proposed housing development, accessory dwelling units may be
allowed as follows, consistent with Chapter 21.23 of the Zoning Code, except
for proposed housing developments located on a new parcel created by an
urban lot split which shall be limited to a total of two units as defined by Section
66411.70)(2) of the Government Code:
a. Parcels with two detached single-family dwellings shall be permitted
one accessory dwelling unit and one junior accessory dwelling unit;
b. Parcels with a single duplex shall be permitted two detached accessory
dwelling units. The accessory dwelling units may be connected to each
other in a side -by -side or front -to -back configuration or with one unit
located atop of the other unit forming a two-story structure not exceeding
24-feet in height;
c. Creation of an interior accessory dwelling unit from an existing non -
livable space shall only be permitted within an existing multifamily
dwelling structure, as herein defined;
2. Building and Fire Codes. The International Building Code (Building Code), and
the 2019 California Fire Code and 2018 International Fire Code (together, Fire
Code), as adopted by Title 18 and Title 17 of the Campbell Municipal Code,
respectively, apply to all proposed housing developments;
3. Encroachment Permits. Separate encroachment permits for the installation of
utilities to serve a proposed housing development shall be required. Applicants
shall apply for and pay all necessary fees for utility permits for sanitary sewer,
gas, water, electric and all other utility work;
4. Park Impact Fee. A fee in -lieu of parkland dedication shall be paid in
association with the creation of any new dwelling units in compliance with
Chapter 13.08 (Park Impact Fees) of the Campbell Municipal Code;
5. Restrictions on Demolition. The proposed housing development shall not
require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income;
b. Housing that is subject to any form of rent or price control through a
public entity's valid exercise of its police power;
c. Housing that has been occupied by a tenant in the last three years. This
shall be evidenced by claiming of the Homeowners' Exemption on the
Santa Clara County assessment roll;
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6. 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 requirement prior to issuance
of a building permit;
Subdivision and Sales. Except for the allowance for an urban lot split provided
in Section 6 (Urban Lot Splits), no subdivision of land or air rights shall be
allowed in association with a proposed housing development, including creation
of a stock cooperative or similar common interest ownership arrangement. In
no instance shall a single primary dwelling unit be sold or otherwise conveyed
separate from the other primary dwelling unit.
D. Approval Process
Applications for proposed housing developments shall be submitted and processed in
compliance with the following requirements:
Application Type. Proposed housing developments shall be reviewed
ministerially by the community development director through consideration of a
zoning clearance in compliance with Chapter 21.40 (Zoning clearances) of the
Zoning Code. The permitting provisions of Chapter 21.42 (Site and Architectural
Review) of the Zoning Code, and by reference any neighborhood plan, shall not
be applied;
2. Application Filing. A zoning clearance application for a proposed housing
development, including the required application materials and fees, shall be filed
with the community development department in compliance with Chapter 21.38
(Application Filing, Processing and Fees) of the Zoning Code;
Building Permits. Issuance of a zoning clearance shall be required prior to
acceptance of an application for a building permit(s) for the new and/or modified
primary dwelling units and accessory dwelling units comprising the proposed
housing development;
4. Denial. The community development director may deny a proposed housing
development project only if the building official makes a written finding, based
upon a preponderance of the evidence, that the proposed housing development
would have a specific, adverse impact, as defined and determined in paragraph
(2) of subdivision (d) of Section 65589.5 of the Government Code, upon public
health and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact;
Appeals. As specified by Chapter 21.62 (Appeals) of the Zoning Code, zoning
clearances are ministerial and are not subject to an appeal.
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E. Exceptions
If any of the provided zoning standards or design review standards would have the
effect of physically precluding construction of up to two primary dwelling units or physically
preclude either of the two primary dwelling units from being at least 800 square feet in floor
area, the community development director shall grant an exception to the applicable
standard(s) to the minimum extent necessary as specified by this section. An exception
request shall be explicitly made on the application for a zoning clearance for a proposed
housing development.
1. Determination. In order to retain adequate open space to allow for recreational
enjoyment, protection of the urban forest, preservation of the community
character, reduction of the ambient air temperature, and to allow for the
percolation of rainfall into the groundwater system, when considering an
exception request, the community development director shall first determine
that a reduction in any other zoning and/or design review standard(s) will not
allow the construction of the proposed housing development as specified by this
section prior to allowing an exception(s) to the private open space, landscaping
requirement, front -yard setback, or street -side setbacks standards.
2. Remedy. Where a disagreement with the community development director's
application of this section occurs, the procedures for an Interpretation provided
in Section 21.020.030 (Procedures for Interpretations) of the Zoning Code shall
be followed, including the provisions for an appeal.
SECTION 6 (URBAN LOT SPLITS): Urban lot splits shall comply with the following
subdivision standards, and general requirements and restrictions:
A. Subdivision Standards
The following objective subdivision standards supersede any other standards to the
contrary that may be provided in the Zoning Code, Subdivision Code, or a neighborhood plan
as they pertain to creation of an urban lot split under Section 66411.7 of the Government
Code:
1. Allowable Lot Types. Any newly created parcel satisfying the criteria provided
by Section 4 (Eligibility) of this interim ordinance may be approved for an urban
lot split, irrespective of its current configuration. However, the allowed creation
of specific lot types, as illustrated by Figure 1-1 (Lot Types and Yards) and
Figure 1-2 (Cul-de-Sac Lots), resulting from an urban lot split are described in
Table 1-2 (Allowed Lot Types). Lot types identified with an (A) are allowable.
Lot types identified with a (P) are prohibited and shall not be created:
Table 1-2 — Allowed Lot Tvoes
Setback
Allowabilit
Interior
A
Corner
A
Reverse Corner
A
Flag
A
Page 12 of 16
Key
A
Cul-de-Sac
A
Double Frontage
P
Irregular
P
2. Flag Lots. The access corridor of a flag lot (as illustrated in Figure 1-1) parcel
shall be in fee as part of the parcel and not as an easement and shall be of a
minimum width of 12-feet and a maximum width of 15-feet and be entirely paved
with either concrete or pavers, consistent with the Fire Code as determined by
the fire chief;
3. Lot Lines. The side lines of all lots shall be at right angles to streets or radial
to the centerline of curved streets;
4. Minimum Lot Size. Each new parcel shall be approximately equal in lot area
provided that one parcel shall not be smaller than 40 percent of the lot area of
the original parcel proposed for subdivision. In no event shall a new parcel be
less than 1,200 square feet in lot area. The minimum lot area for a flag lot shall
be exclusive of the access corridor as illustrated in Figure 1-1;
5. Minimum lot width. Each new parcel shall maintain a minimum lot width of 25-
feet. The calculation of lot width for a flag lot shall exclude the access corridor
as illustrated in Figure 1-1;
6. Minimum Public Frontage. Each new parcel shall have frontage upon a street
dedicated in fee as a public street with a minimum frontage dimension of 25-
feet, except for flag -lots which shall have a minimum frontage dimension of 12-
feet;
7. Number of Lots. The parcel map to subdivide an existing parcel shall create
no more than two new parcels.
B. General Requirements and Restrictions
The following requirements and restrictions apply to all proposed urban lot splits:
1. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any
person acting in concert with the owner has previously conducted an urban lot
split to create an adjacent parcel as provided for in this section;
2. Dedication and Easements: The city engineer shall not require dedications of
rights -of -way nor the construction of offsite improvements, however, may
require recording of easements necessary for the provision of public services
and facilities;
3. Existing Structures. Existing structures located on a parcel subject to an urban
lot split shall not be subject to a setback requirement. However, any such
existing structures shall not be located across the shared property line resulting
from an urban lot split, unless the structure is converted to an attached
townhome unit as provided for in Table 1-1 (Setback Requirements, Exception
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No. 3). All other existing structures shall be modified, demolished, or relocated
prior to recordation of a parcel map;
4. Grading. Grading activity shall not result in a change in elevation (AMSL) of
more than 6-inches from natural grade, as demonstrated by a grading and
drainage plan prepared by a registered civil engineer;
5. Intent to Occupy. The applicant shall sign an affidavit provided by the
community development director attesting that the applicant intends to occupy
one of the newly created parcels as their principal residence for a minimum of
three years from the date of the approval of the urban lot split. The affidavit shall
be recorded on the title of the parcel concurrently with recordation of the parcel
map.
This requirement shall not apply to an applicant that is "community land trust,"
as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a)
of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit
corporation" as described in Section 214.15 of the Revenue and Taxation Code;
6. Non -Conforming Conditions. The City shall not require, as a condition of
approval, the correction of nonconforming zoning conditions. However, no new
nonconforming conditions may result from the urban lot split other than
substandard interior -side and rear setbacks as specified by Table 1-1 (Setback
Requirements, Exception No. 2);
Number of Remaining Units. No parcel created through an urban lot split shall
be allowed to include more than two existing dwelling units as defined by
Government Code section 66411.70)(2). Any excess dwelling units that do not
meet these requirements shall be relocated, demolished, or otherwise removed
prior to approval of a parcel map;
8. Park Impact Fee. A fee in -lieu of parkland dedication pursuant to Chapter 20.24
(Park Impact Fees and Park Land Dedication Subdivisions) of the Subdivision
Code shall be paid prior to recordation of the parcel map;
9. Prior Subdivision. A parcel created through a prior urban lot split may not be
further subdivided under the provisions of this interim ordinance. The subdivider
shall sign a covenant provided by the community development director
documenting this restriction. The convent shall be recorded on the title of each
parcel concurrent with recordation of the parcel map;
10. Restrictions on Demolition. The proposed urban lot split shall not require the
demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income;
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b. Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power;
c. Housing that has been occupied by a tenant in the last three years;
11. Storm Drain Area Fee. Prior to recordation of a parcel map, the applicant shall
pay the required Storm Drain Area fee, as set by the City's Schedule of Fees
and Charges;
12. Stormwater Management. The subdivision shall comply with the requirements
of the City's National Pollution Discharge Elimination System (NPDES) Permit
as implemented by Chapter 14.02 of the Campbell Municipal Code, and as
demonstrated by a grading and drainage plan prepared by a registered civil
engineer;
13. Utility Providers. The requirements of the parcel's utility providers shall be
satisfied prior to recordation of a parcel map.
C. Approval Process
Applications for urban lot splits shall be submitted and processed in compliance with
the following requirements:
1. Application Type. An urban lot split shall be reviewed by the city engineer as
a ministerial application for a parcel map. A tentative parcel map shall not be
required.
2. Concurrent Submittal. A parcel map for an urban lot split may not be approved
except in conjunction with a concurrently submitted application for a zoning
clearance pursuant to Section 5 (Proposed Housing Developments) of this
interim ordinance. Development on the resulting parcels is limited to the
proposed housing development approved by the zoning clearance.
3. Application Filing. An application for a parcel map for an urban lot split,
including the required application materials and filing fee, shall be filed with the
public works department in compliance with Chapter 20.16 (Parcel Map
Procedures) of the Subdivision Code;
4. Referral. The city engineer shall refer the parcel map application to the
community development director, fire chief, and utility agencies for review prior
to recordation;
5. Denial. The city engineer may deny an urban lot split only if the building official
makes a written finding, based upon a preponderance of the evidence, that a
proposed housing development located on the proposed new parcels would
have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate
or avoid the specific, adverse impact;
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6. Appeals. A decision of the city engineer on a parcel map for an urban lot split
is a ministerial action and not appealable.
SECTION 7 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this
interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the interim ordinance. The City Council hereby declares that it would have passed
this interim ordinance and each and every section, subsection, sentence, clause, or phrase
not declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 8 (STATE LAW). Any provision of this interim ordinance which is inconsistent with
Senate Bill No. 9 shall be interpreted in a manner which is the most limiting on the ability to
create a proposed housing development or urban lot split, but which is consistent with State
law. The provisions of this interim ordinance shall supersede and take precedence over any
inconsistent provision of the Campbell Municipal Code to that extent necessary to effect the
provisions of this interim ordinance for the duration of its effectiveness.
SECTION 9 (REPEAL): If Senate Bill No. 9 is repealed or otherwise rescinded by the
California State Legislature or by the People of the State of California, this interim ordinance
shall cease to be in effect.
SECTION 10 (PUBLICATION): The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its adoption
in accordance with Government Code Section 36933.
SECTION 11 (EFFECTIVENESS): This interim ordinance shall become effective on January
1, 2022 for a period of 45 days, unless extended by the City Council.
PASSED AND ADOPTED this 7th day of December, 2021 by the following roll call vote:
AYES: Councilmembers: Bybee, Landry, Lopez, Gibbons
NOES: Councilmembers: None
ABSENT: Councilmembers: Resnikoff
ATTEST:
Dusty Christopherson, City Clerk
APP-ROVED:
Fi& abeth "Liz" Gfbbons, Mayor
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