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07-12-2022 PC Agenda Packet AssembledREGULAR PLANNING COMMISSION MEETING City of Campbell, California Register in advance for this webinar: https://campbellca.gov/PCSignup. After registration, you will receive a confirmation email containing information about joining the webinar. During the registration process, you will be asked if you would like to speak on any of the agenda items. Please provide detail on the items you would like to discuss. July 12, 2022 7:30 p.m. City Hall, Council Chambers AGENDA NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public to follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov. This Regular Planning Commission meeting will be conducted in person with the Commissioners meeting at City Hall, Council Chambers, as well as via telecommunication (Zoom) being available for members of the public. The meeting is compliant with provisions of the Brown Act. This Regular Planning Commission meeting will also be live streamed on Channel 26, the City's website and on YouTube at https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting but not participate. Those members of the public wishing to provide public comment at this meeting virtually are asked to register in advance at https://campbellca.gov/PCSignup. After registering, you will receive a confirmation email containing information about joining the meeting via Zoom. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers. If attending in person, face coverings and physical distancing will be required until further notice. Public comment for the Planning Commission meetings will be accepted via email at planning@campbellca.gov by 5 p.m. on the day of the meeting. Written comments will be posted on the website and distributed to the PC. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number. ROLL CALL APPROVAL OF THE MINUTES June 28, 2022 COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. Planning Commission Agenda for July 12, 2022 Page 2 of 2 PUBLIC HEARINGS 1. City-Initiated Public Hearing to consider a City-initiated Zoning Code Text Amendment (PLN-2021-187) adding new Chapter 21.25 (Two- Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 (SB-9) and amending various other sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs); 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 SB-9 implementation provisions. Staff is recommending that this item be deemed Statutorily Exempt under CEQA. Tentative City Council Meeting Date: August 2, 2022. Project Planner: Daniel Fama, Senior Planner Note: This matter was previously considered by the Planning Commission at its regular meeting of March 22, 2022. Subsequently, however, additional revisions to the draft ordinance were required for consistency with HCD guidance. Pursuant to Government Code Sec. 65857, the Planning Commission must review substantial modifications to the proposed amendment prior to consideration by the City Council. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next Regular Planning Commission meeting of July 26, 2022 at 7:30 p.m. This meeting will be in person for the members of the Planning Commission at Campbell City Hall, Council Chambers, 70 N. First Street, Campbell, CA. Members of the public are still allowed to participate remotely by Zoom or attend in person (as space allows while maintaining on-going face covering and social distancing). Americans with Disabilities Act (ADA) In compliance with the Americans with Disabilities Act, listening assistance devices are available for meetings held in the Council Chambers. If you require accommodation to participate in the meeting, please contact the Community Development Department, at planning@campbellca.gov or (408) 866-2739. CITY OF CAMPBELL Planning Commission Minutes 7:30 P.M. TUESDAY June 28, 2022 PLANNING COMMISSION REGULAR MEETING CITY HALL COUNCIL CHAMBERS The Planning Commission meeting on Tuesday June 28, 2022, was called to order at 7:30 p.m. in the Council Chambers of City Hall, 70 N. First Street, Campbell, CA, by Chair Ching and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Stuart Ching Vice Chair: Adam Buchbinder Commissioner: Matt Kamkar Commissioner: Michael Krey Commissioner: Maggie Ostrowski Commissioner: Andrew Rivlin Commissioner: Alan Zisser Commissioners Absent: Commissioner: None Staff Present: Community Development Director: Rob Eastwood Senior Planner: Daniel Fama Assoc. Planner: Tracy Tam City Attorney: Bill Seligmann Admin Analyst: Ken Ramirez City Clerk: Dusty Christopherson APPROVAL OF MINUTES Approval of May 24, 2022 and June 14, 2022 meeting minutes with correction that June 14, 2022 Planning Commission meeting minutes should have adjournment date amended to Tuesday June 28, 2022. Campbell Planning Commission Meeting Minutes – June 14, 2022 Page 2 Commissioner Zisser abstained. COMMUNICATIONS Introduction to Planning Administrative Analyst, Ken Ramirez. Announcement of Dusty Christopherson leaving the City Clerk position. AGENDA MODIFICATIONS OR POSTPONEMENTS Item 2 and Item 3 each have a Desk Item that came in at the last minute. ORAL REQUESTS None PUBLIC HEARINGS Chair Ching asked if any of the Commissioners had any disclosures. For item #3, Commissioner Rivlin disclosed that he spoke with Audubon society and had previously worked for the applicant Architecture firm LPA 5 years ago. Commissioner Kamkar disclosed that he worked with LPA in the past. After consulting with City Attorney, Commissioner Kamkar did not need to recuse himself. Chair Ching read Agenda Item No. 1 into the record as follows: Associate Planner Tracy Tam presented staff report dated June 28, 2022. Chair Ching opened the public hearing and asked if anyone wished to speak. Applicant of the permit spoke and thanked the City Planner for their work on the project. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Rivlin, the Planning Commission adopted resolution No. 4648 approving a site and architectural review permit (PLN-2021-206) to allow an approximately 403 square feet addition to a single-family house resulting in a FAR of 0.50 to an existing single-family home on property located at 388 Hatcher court, by the following roll call vote: AYES: Rivlin, Zizzer, Ostrowski, Kamkar, Krey, Buchbinder, Ching 1. PLN-2021-206 Public Hearing to consider the request of Bilal Ilter, Atlas General Construction, for property located at 388 Hatcher Court to allow an approximately 403 square feet addition to a single-family house resulting in an FAR of 0.50. The application under consideration includes a Site and Architectural Review Permit File No.: PLN- 2021-206. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner Campbell Planning Commission Meeting Minutes – June 14, 2022 Page 3 NOES: None ABSENT: None ABSTAIN: None Chair Ching read Agenda Item No. 2 into the record as follows: Associate Planner Tracy Tam presented staff report dated June 28, 2022 and referenced a desk Item– Changes to Condition of Approval #7 – to reword the initial condition to ensure outdoor storage of vehicles are allowed. Staff is supportive. The Commission asked general questions related to the application. Chair Ching opened the public hearing and asked if anyone wished to speak. Applicant, Brandon Helton Property Development Facility Manager for Enterprise Rent-a- car spoke about relocating existing business to the new site and extending their business hours Seeing no one else wishing to speak Chair Ching closed the public hearing. Commission members provided feedback in favor of expanding business hours and hours of operation. Motion: Upon motion by Commissioner Ostrowski, seconded by Commissioner Zizzer, the Planning Commission adopted Resolution No. 4669 approving a Conditional Use Permit (PLN-2021-217) to allow a Motor vehicle renting use within an existing building located at 1506 White Oaks Road in the M-1 (Light Industrial) zoning district and extend Business and hours of Operation. By the end of ‘Business Hours” all customers shall have exited the premises and the hours of business shall be from 7:30am to 6:00pm, Monday through Sunday. By the of “Operational Hours” all employees shall be off the premises and the hours of operation shall be from 7:00am to 6:30pm, Monday through Sunday, by the following roll call vote: AYES: Rivlin, Zizzer, Ostrowski, Kamkar, Krey, Buchbinder, Ching NOES: None 2. PLN-2021-217 Public Hearing to consider the request of John Rovai, Studio Benavente Architects, for property located at 1506 White Oaks Road to allow for a new motor vehicle—renting use within an existing commercial building. The application under consideration includes a Conditional Use Permit. File No.: PLN-2021-217. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner Campbell Planning Commission Meeting Minutes – June 14, 2022 Page 4 ABSENT: None ABSTAIN: None Chair Ching read Agenda Item No. 3 into the record as follows: Senior Planner Fama presented a staff report dated June 28, 2022 and referenced a desk Item: Revised conditions of approval including modifications to the project design responding to requests from Audubon Society. The Commission asked general questions related to the application. Chair Ching opened the public hearing and asked if anyone wished to speak. Applicant Chuck Griffin, Financial and Administrative Services manager for the Santa Clara County Library District and joined by Brett Stonework, Project Manager, spoke in favor of the project and stated that they are working with the Audubon Society to address their concerns in regards to bird safety and the threat factor of the glazing of the glass. Annie Yang, Chair of the Environmental Action Committee for the Santa Clara Valley Audubon society spoke stating that they were in favor of the project and pleased with work from Community Development staff. She asked to apply a condition of approval to install product with a threat level of 20 or less. The Commissioners stated support for the application and liked the design of the building. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4650 approving a conditional use permit modification with site and architectural review to allow construction of an approximately 8,000 square-foot library administrative annex building (“Government Office 3. PLN-2020-90 Public Hearing to consider the request of the Santa Clara County Library District, for property located at 1344 Dell Avenue to allow construction of an approximately 8,000 square-foot library administrative annex building ("government office and facility") and associated site and landscaping improvements, including retention of existing overhead frontage utilities, and removal of on-site protected trees; and a continued shared parking arrangement with an abutting property located at 1370 Dell Avenue. The applications under consideration include a Conditional Use Permit Modification with Site and Architectural Review, Variance, and Tree Removal Permit. File. No.: PLN-2020- 90. The Library District, as Lead Agency, has determined the project to be Categorically Exempt under CEQA (§ 15303) and filed a Notice of Exemption (County File No. ENV23948). Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner Campbell Planning Commission Meeting Minutes – June 14, 2022 Page 5 and Facility”) and associated site and landscaping improvements property location at 1344 Dell Avenue, with continuation of a shared parking arrangement with an abutting property located at 1370 Dell Avenue; a tree removal permit to allow a removal on on-site protected trees; and a variance to allow retention of existing overhead frontage utilities. Where bird safety treatment is applied to glazing, the product shall achieve an American Bird Conservancy Threat Factor rating of 20 or less, if feasible. Conditional approval shall also require that the two parking stalls nearest the southeast corner of the property shall be replaced with landscaping, including at least two trees of a species determined by the Community Development Director and pursuant to CMC Sec. 21.28.070, the project shall incorporate short and long-term bicycle parking, also to the satisfaction of the Community Development Director. The transformer shall be screened with landscaping or be artistically painted. File No.: Plan-2020-90, by the following roll call vote: AYES: Rivlin, Zizzer, Ostrowski, Kamkar, Krey, Buchbinder, Ching NOES: None ABSENT: None ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Eastwood reported that the City Council adopted the Fiscal Year 2023 budget. City Council put $150,000 in the budget to fund nexus studies for inclusionary housing fee update and a commercial linkage fee as part of the Housing Program. $200,000 were approved to start developing some short and long term economic development strategies. $25,000 for a Downtown parking study. Allocation approved for recruitment of Building Official. Planning technician starting July 6, 2022. New Administrative Analyst, Ken Ramirez, now onboarded. Availability for one more person from the Commission to attend the American Planning Association California Chapter conference in October. Vice Chair Buchbinder expressed interest. ADJOURNMENT The Regular Planning Commission meeting adjourned at 8:45 p.m. to the next Regular Planning Commission Meeting on Tuesday, July 12, 2022, at City Hall, Council Chambers, 70 N. First Street, Campbell, CA. PREPARED BY: Ken Ramirez, Administrative Analyst ITEM NO. 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ July 12, 2022 PLN-2021-187 Zoning Code Amendment Public Hearing to consider a City-initiated Zoning Code Text Amendment (PLN-2021-187) adding new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 (SB-9) and amending various other sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs); including 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 SB-9 implementation provisions. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1), recommending that the City Council adopt (1) an ordinance to add new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 and amending various sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs); (2) an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed SB-9 implementation provisions; and (3) General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed implementation SB-9 provisions. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that the proposed actions are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(j) and Section 66411.7(n), and Public Resource Code Section 21080.17, which exempts local ordinances from environmental review that implement State law pertaining to SB-9 (two-unit development and urban lot splits) and accessory dwelling units (ADUs), respectively. BACKGROUND The City's draft SB-9 ordinance was previously considered by the Planning Commission at its regular meeting of March 22, 2022. Several days later, the California Department of Housing and Community Development (HCD) released its official "SB-9 Fact Sheet". Although the City's ordinance was generally consistent with HCD's guidance regarding the law, one element of the ordinance does require a revision, as discussed further in this report. Staff also recently identified conflicts between with the City's ADU ordinance (adopted in 2019) and HCD's 2020 Accessory Dwelling Unit Handbook. In the interest of expediency, the required revisions necessary to resolve these conflicts have been added to the SB-9 draft ordinance. The scope of these change is substantial enough to warrant additional review by the Planning Commission, pursuant to Government Code Sec. 65857. For reference, the March 22nd Planning Commission staff report is included as Attachment 2. This staff report will summarize the additional revisions proposed by staff. Staff Report ~ Planning Commission Meeting of July 12, 2022 Page 2 of 6 PLN-2021-187 ~ SB-9 Ordinance DISCUSSION The draft SB-9 ordinance is contained as "Exhibit A" of the draft Planning Commission resolution (reference Attachment 1). Revised text and/or new text added following the Planning Commission's March 22nd meeting is highlighted in yellow. Unhighlighted text remains unchanged. SB-9 Ordinance Revisions: The “SB 9 Fact Sheet” prepared by HCD references that the law not only applies to lot splits and the construction of duplexes, but also applies to construction of just one single family unit, not two units as previously understood. In practice this presents a challenge in adequately reviewing proposed SB-9 projects because development could be piecemealed without the ability of staff to comprehensively understand the potential build-out on the property, including a duplex. This comprehensive review is necessary to ensure that no SB-9 project would result in a specific, adverse impact upon the public health and safety or the physical environment that cannot be satisfactorily mitigated by feasible methods or measures, which could be the basis for denial. In order to address this, the City's draft ordinance would continue to require proposed SB-9 projects to plan for creation of two primary dwelling units by showing both units on submitted application plans, inclusive of construction of new units and/or retention of existing units. However, applicants would not be compelled to actually construct both units. The revised text (new CMC Sec. 21.25.090.D) would thus allow for a phased approval of SB 9 projects, providing a one-year timeframe for the applicant to obtain a building permit for each unit, for a total approval period of up to two years. If only one unit is constructed, the SB-9 approval would remain valid for that unit but expire for the other unit. In such a circumstance, an applicant could apply for a new SB-9 approval or simply leave the site developed with a single unit without violation of the Municipal Code. As a result, the draft ordinance would maintain consistency with the HCD guidance document referencing SB-9 allows for creation of just a single unit. ADU Standards: The following is an overview of the proposed amendments to the draft ordinance pertaining to construction of ADUs:  "Statewide Exemption ADUs": The ADU Handbook identifies the potential to develop a "Statewide Exemption ADU," defined as an ADU no larger than 800 square feet, no taller than 16-feet, and that satisfies a 4-foot rear and side setbacks. The ADU Handbook states that such ADUs are exempt from local development standards such as floor area ratio (FAR), lot coverage, design standards, and minimum open space. Although the City's existing ADU ordinance already incorporates some exceptions that allow for at least 800 square-feet of living area, the revised text furthers these exceptions by entirely exempting these ADUs from open space, design, and building separation requirements.  JADU Owner Occupancy: Consistent with State law, new text indicates that a property with JADU will now be encumbered with an owner-occupancy requirement that mandates the property owner to reside in either the JADU or primary house.  Number of Bedrooms: The City currently limits ADUs to two-bedrooms and two bathrooms. The ADU Handbook does not support a specified limit on the number of allowable bedrooms, stating that it "could be construed as a discriminatory practice towards protected classes…" In order to address this concern, staff had proposed amendments to the draft ordinance that increases the number of allowable bedrooms in an ADU to three Staff Report ~ Planning Commission Meeting of July 12, 2022 Page 3 of 5 PLN-2021-187 ~ SB-9/ADU Update Ordinance (with three bathrooms). Staff believes that functionally only three bedrooms can reasonably fit into a 1,200 square-foot ADU. This change would accommodate larger families (addressing HCD's concerns) while precluding ADUs from be designed as boarding houses with a series of small bedrooms intended to be individually rented out. It should also be noted that since the City permits a JADU to be placed within an ADU using one of the allowable bedrooms, this change would allow for a combined structure consisting of a 2-bedroom ADU and 1-bedroom JADU.  Expansion of Multi-Family Residential ADUs: Currently, for multi-family residential properties, existing non-livable areas, such as garages and carports located on may be converted to ADUs at a ratio of one ADU for every four primary units (for example, three ADUs may be created in a 12-unit apartment complex). The proposed revisions would allow these ADUs to be expanded by 150 square feet (for an entry area) and to allow creation of additional square-footage within the existing building envelope (i.e., mezzanine).  Public Improvements: State law precludes the imposition of off-site public improvement requirements, such as the construction of a new sidewalk, in association with construction of an ADU. Staff has proposed amendments to Title 11 to specifically exclude ADUs (and JADUs) from triggering public improvements. ANALYSIS 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. The following is an analysis of these findings. 1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; The proposed ordinance incorporates objective design, development, and subdivision standards that aim at reducing the tradeoffs associated with increasingly dense development within the community. These standards will encourage the construction of traditionally designed homes and creation of logically shaped lots that will be compatible with established neighborhoods, consistent with the following General Plan policies and strategies: Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-5.2b: Residential Design Guidelines: Adopt design guidelines for new construction and remodeling of all residential structures. Design guidelines should include provisions for height, bulk, setbacks and garage placement so that new construction is compatible with existing neighborhood patterns. Staff Report ~ Planning Commission Meeting of July 12, 2022 Page 4 of 6 PLN-2021-187 ~ SB-9 Ordinance Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Additionally, by adopting a local implementing ordinance for SB-9, the City will provide a predicable pathway to development of single-family properties. This approach is also in furtherance of Housing Element Policy H-5.4 and Program H-5.4a, below, which directs the City to maintain the Municipal Code up-to-date with State legislation. Policy H-5.4: Ordinance Updates: Update the Municipal Code as needed to comply with changes to State Law and local conditions relating the housing production and affordability. Program H-5.4a: Periodic Ordinance Amendments: Update the Municipal Code as needed to comply with changes to State Law and local conditions/needs. Implementation Objective: Initiate and complete the amendment process to comply with the new requirements within 12 months of being notified of the requirement The additional proposed revisions to the City's ADU ordinance are intended to reduce existing barriers to construction. As such, these changes would be furtherance of Housing Element Policy H-5.3 and Program H-5.3a, which encourages the City to facilitate the construction of ADUs. Policy H-5.3: 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; Protecting the interest, health, safety, convenience, and general welfare of the City's residents is always at the forefront of decision-making. The proposed ordinance is no exception to this general obligation. The permitting provisions and objective standards are intended to maintain the quality of life of the Campbell community by balancing the need for additional housing allowed by SB-9 and minimizing community impacts. Staff Report ~ Planning Commission Meeting of July 12, 2022 Page 5 of 5 PLN-2021-187 ~ SB-9/ADU Update Ordinance 3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. SB-9 requires the City to permit a greater number of housing units and smaller lot sizes than otherwise allowed the R-1 zoning district. While the law creates inconsistencies with various other Zoning Code provisions such as parking and permitting procedures they are an unavoidable result of SB-9 and it is not possible to reconcile the State's requirement for multiple housing units on single-family zoned properties, since doing so creates an inherent conflict. For this reason, the proposed ordinance contains the SB-9 provisions as a stand-alone chapter in the Zoning Code in order to minimize internally inconsistencies. NEXT STEPS The City Council is scheduled to consider the Planning Commission's recommendation at its August 2nd meeting, which would allow the new ordinance to go into effect of the September 16th, prior to the expiration of the existing interim ordinance. Attachments: 1. Draft Planning Commission Resolution Exhibit A – Draft Ordinance 2. Planning Commission Staff Report, dated March 22, 2022 Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director RESOLUTION NO. 46__ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT (1) AN ORDINANCE TO ADD NEW CHAPTER 21.25 (TWO- UNIT HOUSING DEVELOPMENTS) AND CHAPTER 20.14 (URBAN LOT SPLITS) TO THE CAMPBELL MUNICIPAL CODE TO IMPLEMENT SENATE BILL NO. 9 AND AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO THE REGULATION OF ACCESSORY DWELLING UNITS (ADUS); (2) AN AMENDMENT TO THE CAMPBELL VILLAGE NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE THE PROPOSED SB-9 IMPLEMENTATION PROVISIONS; AND (3) A GENERAL PLAN AMENDMENT TO THE SAN TOMAS AREA NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE THE PROPOSED IMPLEMENTATION SB-9 PROVISIONS. FILE NO. PLN-2021-187 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN-2021-187: 1. Senate Bill No. 9 (2021) requires ministerial approval of a housing development of no more than two units in all single-family zones (proposed housing development), the subdivision of a parcel zoned for residential use into two parcels (urban lot split), or both, pursuant to Section 65852.21(j) and Section 66411.7(n) of the California Government Code. 2. The proposed ordinance would adopt a Zoning Code Amendment to add new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 (SB-9) and amend various other sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs). 3. The proposed Area Plan Amendment would amend the Campbell Village Neighborhood Plan to make reference to newly adopted Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, to allow for two-unit housing developments and urban lot splits, respectively, as required by Senate Bill No. 9 (SB-9). 4. The proposed General Plan Amendment would amend the San Tomas Area Neighborhood Plan, adopted within Appendix A1 (Area Plans and Special Project Areas) of the Campbell General Plan, to make reference to newly adopted Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, to allow for two-unit housing developments and urban lot splits, respectively, as required by Senate Bill No. 9 (SB-9). 5. The amendments would be consistent with the following General Plan policies and strategies by incorporating objective standards that aim at reducing the tradeoffs associated with increasingly dense development within the community: Planning Commission Resolution No. 46__ PLN-2021-187 – SB-9 Implementation Recommendation Page 2 Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-5.2b: Residential Design Guidelines: Adopt design guidelines for new construction and remodeling of all residential structures. Design guidelines should include provisions for height, bulk, setbacks and garage placement so that new construction is compatible with existing neighborhood patterns. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. 6. By adopting a local implementing ordinance for SB-9, the City will provide a predicable pathway to development of single-family properties in furtherance of Housing Element Policy H-5.4 and Program H-5.4a, below, which directs the City to maintain the Municipal Code up-to-date with State legislation. Policy H-5.4: Ordinance Updates: Update the Municipal Code as needed to comply with changes to State Law and local conditions relating the housing production and affordability. Program H-5.4a: Periodic Ordinance Amendments: Update the Municipal Code as needed to comply with changes to State Law and local conditions/needs. Implementation Objective: Initiate and complete the amendment process to comply with the new requirements within 12 months of being notified of the requirement 7. The proposed amendments to the City's ADU ordinance are intended to reduce existing barriers to construction. As such, these changes would be furtherance of Housing Element Policy H-5.3 and Program H-5.3a, which encourages the City to facilitate the construction of ADUs. Policy H-5.3: 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. Planning Commission Resolution No. 46__ PLN-2021-187 – SB-9 Implementation Recommendation Page 3 Implementation Objective: The City will facilitate the construction of new secondary dwelling units by making information available to the public. 8. The amendments are consistent with applicable legislation adopted by the State of California while maintaining locally appropriate standards for the construction. 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 Planning Commission further finds and concludes that: General Plan Amendment (CMC 21.60.070.A): 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; Zoning Code Amendment (CMC 21.60.070.B): 3. The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, area plans, neighborhood plans, and specific plan; 4. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; 5. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code; and Environmental Findings (CMC Sec. 21.38.050): 6. Adoption of the proposed amendments are not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9, as well as 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. Planning Commission Resolution No. 46__ PLN-2021-187 – SB-9 Implementation Recommendation Page 4 THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council: (1) Adopt the attached Ordinance (reference Exhibit A). (2) Adopt a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide SB-9 standards, by adding a new Land Use Policy 'A-1' (Two-Unit Housing Developments and Urban Lot Splits) as follows: • A new Land Use Policy 'A-1' (Two-Unit Housing Developments and Urban Lot Splits) is added between Land Use Policy 'A' (Relationship to Municipal Code) and 'B' (Setbacks), as follows: A-1. Two-Unit Housing Developments and Urban Lot Splits Two-Unit Housing Developments and Urban Lot Splits shall be permitted in accordance with Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, respectively, which shall prevail over any provision to the contrary contained within the San Tomas Neighborhood Plan. (3) Adopt an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed City-wide SB-9 standards, by adding a new Land Use Standard 'C-1' (Two-Unit Housing Developments and Urban Lot Splits) and amending Land Use Standard Section D.6 (Accessory Structures and Accessory Dwelling Units), as follows: • A new Land Use Standard 'C-1' (Two-Unit Housing Developments and Urban Lot Splits) is added between Land Use Standard 'C' (Relationship to Municipal Code) and 'D' (Residential Development Standards), as follows: C-1. Two-Unit Housing Developments and Urban Lot Splits Two-Unit Housing Developments and Urban Lot Splits shall be permitted in accordance with Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, respectively, which shall prevail over any provision to the contrary contained within the Campbell Village Neighborhood Plan. • Land Use Standard Section D.6 (Accessory Structures and Accessory Dwelling Units) is amended to add the text identified with an underline, as follows: 6. Accessory Structures and Accessory Dwelling Units Accessory structures shall be permitted in accordance with Section 21.36.020 of the Campbell Municipal Code, except that the rear setback shall be limited to the greater of five feet or one half the height of the building wall. Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell Municipal Code Planning Commission Resolution No. 46__ PLN-2021-187 – SB-9 Implementation Recommendation Page 5 PASSED AND ADOPTED this 12th day of July, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Ordinance No. _____ BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING NEW CHAPTER 21.25 (TWO-UNIT HOUSING DEVELOPMENTS) AND CHAPTER 20.14 (URBAN LOT SPLITS) TO THE CAMPBELL MUNICIPAL CODE TO IMPLEMENT SENATE BILL NO. 9 (SB-9) AND AMENDING VARIOUS OTHER SECTIONS OF THE MUNICIPAL CODE PERTAINING TO THE REGULATION OF ACCESSORY DWELLING UNITS (ADUS). FILE NO.: PLN-2021-187 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 adopts this ordinance in furtherance of Senate Bill No. 9 (2021), 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, and pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code, and to amend related provisions governing the creation of accessory dwelling units in order to remove existing constraints and barriers. SECTION 2. The City Council 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); 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 3. The City Council further finds and determines that the adoption of this ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9, as well as 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 4. Termination of Interim Ordinance. That (Interim) Ordinance No. 2277, as extended by Ordinance No. 2278, is superseded by, and shall be of no further force and effect upon the effective date of this ordinance. SECTION 5. Adopting a SB-9 Housing Developments Chapter. New Chapter 21.25 (Two-Unit Housing Developments) is hereby added to Article 3 (Development and Operational Standards) of Title 21 (Zoning Code) of the Campbell Municipal Code to read as follows: CHAPTER 21.25 (TWO-UNIT HOUSING DEVELOPMENTS) 21.25.010 – Purpose Page 2 of 27 This Chapter establishes exceptions from the Zoning Code and provides permit procedures for proposed housing developments allowed by Senate Bill No. 9 (2021), as codified in Government Code Section 65852.21. The provisions of this Chapter shall supersede any other provision to the contrary in the Zoning Code; all other provisions unaffected by this Chapter shall remain in effect. Urban lot splits permitted by Government Code Section 66411.7 are processed pursuant to Chapter 20.14 (Urban Lot Splits). It is further established that nothing in this Chapter shall be construed as to require the physical construction of two dwelling units that comprise a proposed housing development. However, to ensure that no proposed housing development or urban split would result in a specific, adverse impact upon the public health and safety or the physical environment that cannot be satisfactorily mitigated by feasible methods or measures, all applications submitted under this Chapter shall demonstrate construction, creation, and/or retention of two dwelling units on each parcel in compliance with the objective design, site development, and subdivision standards adopted herein. 21.25.020 – Applicability This Chapter is applicable only to voluntary applications for proposed housing developments. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code. Development applications that do not satisfy the definitions for a proposed housing development shall not be subject to this Chapter. 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) of a common interest development. 21.25.030 – Definitions In addition to the terms defined by Section 21.72.020 (Definitions of specialized terms and phrases) and Section 21.23.120 (Definitions), the following terms shall have the following meanings as used in this Chapter. Where a conflict may exist, the definitions provided in this section shall prevail over any other definition. "Acting in concert" means persons, as defined by Section 82047 of the Government Code as that section existed as of January 1, 2022, 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 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 change in the relative position of buildings on a site, or substantial change in appearances of any building. "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 Page 3 of 27 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. "Construction of a new primary dwelling unit" means (1) the erection or assembly of a new primary dwelling unit; (2) creation of a new primary dwelling unit from the floor area of an existing accessory structure or primary dwelling unit; and (3) the conversion of an existing accessory dwelling unit or junior accessory dwelling unit to a primary dwelling unit. "Elevation," including "front elevation," "side elevation," "street-side elevation", and "rear elevation," means the wall(s) of a building that are oriented towards the front, side, street-side, and rear yards, respectively, formed by the required building setbacks, as illustrated by Figure 1-1, Figure 1-2, and Figure 1-3. "Entry feature" means a structural element, which leads to a front 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 (Special Provisions for Multi-family Residential Properties) 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. Also includes a "cul-de-sac lot" that is located along the curved terminus formed by the bulb of a cul-de-sac street, as depicted by Figure 1-2 (Cul-de-Sac Lots) and a "pie-shaped lot" where the side lot lines are approximately radial to the curve of the street upon which it fronts, as depicted in Figure 1-3 (Pie-Shaped Lot). Any other lot type not defined herein shall be considered an "irregular lot". Page 4 of 27 Figure 1-1 – Lot Types and Yards Figure 1-2 – Cul-de-Sac Lots Figure 2-3 – Pie-Shaped Lot "Parcel" and "legal parcel" mean a single unit of land created by a partition or subdivision which, at the time of creation, complied with all procedural and substantive requirements of any applicable local, state or federal law. "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 Neighborhood Plan, as applicable. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards, and subject to Chapter 21.58 (Nonconforming Uses and Structures). "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 authorized by Section 65852.21 of the Government Code. This Chapter recognizes the following types of proposed housing developments. Any proposal not satisfying this definition shall not be considered a proposed housing development under this Chapter. 1. Construction of two (2) new primary dwelling units on either an existing parcel or a new parcel created from an urban lot split. 2. Construction of one (1) new primary dwelling unit and retention of one (1) existing primary dwelling unit on either an existing parcel or a new parcel created from an urban lot split. Page 5 of 27 3. Retention of two (2) lawful nonconforming primary dwelling units where one or both units are subject to a proposed addition or alteration on an existing parcel. 4. Retention of two (2) existing lawful nonconforming primary dwelling units on a new parcel created from an urban lot split. 5. Construction of one (1) new primary dwelling unit and one (1) accessory dwelling unit (or junior accessory dwelling unit) on a new parcel created from an urban lot split. 6. Retention of one (1) existing primary dwelling unit and construction of one (1) accessory dwelling unit (or junior accessory dwelling unit) 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). "Subdivision ordinance" 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, Figure 1-2, and Figure 1-3. "Zoning code" means Title 21 of the Campbell Municipal Code. 21.25.040 – General Eligibility 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). 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 Ordinance, 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 Page 6 of 27 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 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) 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). 21.25.050 – 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 Government Code Section 65852.21. Proposed housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by Section 21.25.100 (Exceptions). A. Building Height/Number of Stories. The maximum building height and maximum number of stories shall be as specified by the applicable zoning district and/or a neighborhood plan. Building height shall be measured from finished grade except for properties subject to a neighborhood plan where maximum building height is measured from natural grade. B. 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. Page 7 of 27 C. Grading. A change in elevation (AMSL) from natural grade shall be limited to the minimum extent necessary to ensure adequate drainage as demonstrated by a grading and drainage plan prepared by a registered civil engineer. D. 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. E. Parking. One (1) 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 the development standards of the applicable zoning district and/or a neighborhood plan and Chapter 21.28 (Parking and Loading), except that uncovered parking spaces may encroach into a required front or side yard fronting on a public street within an existing or proposed driveway that satisfies the minimum stall dimensions for residential parking spaces (9-feet wide by 20-feet deep). F. Private Open Space. Each parcel shall maintain a minimum of 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). G. 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 Requirements Setback (1) Requirement (2) Property Line Setbacks Front Per the applicable zoning district and/or neighborhood plan Garage Entry 25 feet Interior Sides (3) 4 feet Rear Street Side 12 feet Separation Between Primary Dwelling Units (4) For units located in front of or behind each other 10 feet For units located to the side of each other 5 feet Separation from Accessory Structure(s) If located in front of the accessory structure 10 feet If located behind the accessory structure If located to the side of the accessory structure 5 feet Page 8 of 27 Exceptions: (1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21.18.040.B.1. (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 townhomes. 21.25.060 – Site Development Standards The following site development standards augment those standards provided in Chapter 21.18 (Site Development Standards), Chapter 21.28 (Parking and Loading), and Chapter 21.26 (Landscaping). Proposed housing developments shall be constructed only in accordance with the following site development standards, except as provided by Section 21.25.100 (Exceptions). A. 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 (Air conditioning units). B. Driveways. Driveways shall comply with the requirements of Section 21.28.090 (Driveways and site access), except that the following standards shall apply: 1. Each driveway shall have a minimum width of eight feet up to a maximum width of eighteen feet; 2. Each driveway shall be entirely paved with either concrete or pavers. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt, are prohibited; and 3. 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. C. Fencing. All new fencing shall comply with the requirements of Section 21.18.060 (Fences, walls, lattice and screens), except that fences shall be permitted up to seven feet in height, with or without lattice, where a six-foot tall fence would otherwise be permitted. D. Front Yard Paving. No more than fifty percent of the front-yard setback area shall be paved as specified by Section 21.18.070 (Front yard paving), except to allow a driveway with a width dimension not exceeding eight feet. E. Landscaping Requirement. Front and street-side yards shall be irrigated and landscaped with a combination of plantings, including natural turf, ornamental grasses, groundcovers, shrubs, and trees, consistent with Section 21.26.030 (General Page 9 of 27 landscaping requirements for all zoning districts) and the California Model Water Efficient Landscape Ordinance (MWELO), pursuant to Section 21.26.030.F (Water efficient). Properties subject to the San Tomas Area Neighborhood Plan (STANP) shall provide one tree per 1,500 square feet of net lot area. F. Lighting. New exterior lighting fixtures shall be down-shielded and oriented away from adjacent properties consistent with Section 21.18.090 (Lighting design standards) and shall not emit more than one half foot candle of illumination at interior-side or rear property lines. G. 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. H. Water Meter(s) and Sewer Cleanout(s): New water meters and sewer cleanouts shall be installed on the parcel containing the units they serve. Existing meters and cleanouts located within the public right-of-way shall be relocated onto the parcel upon construction of a new primary dwelling unit. 21.25.070 – 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 existing primary dwelling units as part of a proposed housing development, except as provided by Section 21.25.100 (Exceptions). Existing features inconsistent with these standards may remain provided they are not altered or removed. A. Balconies/Decks. Rooftop terraces and decks are prohibited. Balconies shall only be permitted on the front elevation of a primary dwelling unit(s). B. Building Colors. Each new 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 (not including the trim color). Additions to existing primary dwelling units shall incorporate the same building colors as the existing structure or otherwise comply with the requirements of this provision. C. Columns and Pillars. Exterior columns and/or pillars shall not exceed a height of 14- feet or the plate height of the first-story, whichever is less. D. Finished Floor. The finished floor of the first-story shall not exceed 18-inches in height as measured from finished grade. E. Front Entryway. An entry feature framing a front door shall not exceed 14-feet in height as measured from finished grade. Page 10 of 27 F. Front Doors. Front door openings shall not exceed a width of 6-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. G. Front Porch. Porches shall have a minimum depth of 5-feet and a minimum width equal to thirty-three percent (33%) of the linear width of the front-facing wall. H. Front Step-back. Second-story wall(s) that front a public street shall be recessed by 5-feet from the first-story exterior walls, as measured wall to wall. I. Garages: Garages placed on the front elevation of a primary dwelling unit shall not exceed 50% of the linear extent of the front elevation. J. Garage Conversions. The creation of a primary dwelling unit from 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 existing 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. K. Plate Height. The plate height of each story for a new primary dwelling unit shall be limited to 12-feet as measured from finished floor. The plate height of an addition to an existing primary dwelling unit shall match the plate height of the existing structure. L. Roof Forms. For new primary dwelling units, roofs shall be limited to cross-hipped or hipped and valley forms with a minimum slope of 4:12 and a maximum slope of 8:12. Gabled and dormer elements are allowed, but all other roof forms are prohibited. Additions to existing primary dwelling units shall match the predominant roof form and roof pitch of the existing structure. M. Roof Materials. For new primary dwelling units, no more than two (2) roofing materials 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. Additions to existing primary dwelling units shall incorporate the same roofing material as the existing structure or otherwise comply with the requirements of this provision. N. Stairways. A dwelling unit located entirely on a second story shall require a separate interior or exterior stairway. Enclosed stairways shall be included in the allowable floor area of the dwelling unit that it serves. O. Wall Materials. For new primary dwelling units, 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. Additions to existing primary dwelling units shall incorporate the same combination materials as the existing structure or otherwise comply with the requirements of this provision. Page 11 of 27 P. 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. Q. 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. 21.25.080 – 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: A. 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 (Accessory Dwelling Units), 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 66411.7(j)(2) of the Government Code: 1. Parcels with two (2) single-family dwellings shall be permitted one (1) accessory dwelling unit and one (1) junior accessory dwelling unit; 2. Parcels with a duplex structure shall be permitted two (2) 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 stacked with one unit located atop of the other unit forming a two-story structure not exceeding the maximum building height specified by Section 21.25.050.A (Building height/number of stories); 3. 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. B. Building and Fire Codes. Title 18 and Title 17 of the Campbell Municipal Code, incorporating the Building Code and Fire Code, respectively, apply to all proposed housing developments. C. Dwelling Unit Type. The primary dwelling unit(s) 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 or stacked with one unit located atop of the other unit forming a two-story structure not exceeding the maximum building height specified by Section 21.25.050.A (Building height/number of stories). Page 12 of 27 D. 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. E. 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 and Park Land Dedication Developments). F. Restrictions on Demolition. The proposed housing development shall not require demolition or alteration involving removal of more than 25 percent of the existing exterior structural walls, of any of the following types of housing structures: 1. 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; 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; 3. 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. G. 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. H. Subdivision and Sales. Except for the allowance for an urban lot split provided in Chapter 20.14 (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. 21.25.090 – Application Process Applications for proposed housing developments shall be submitted and processed in compliance with the following requirements: A. 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). The permitting provisions of Chapter 21.42 (Site and Architectural Review) and by reference any neighborhood plan, shall not be applied. Page 13 of 27 B. 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). A zoning clearance application may only be found complete if it satisfies the requirements of this Chapter. C. Building Permits. Issuance of a zoning clearance shall be required prior to issuance of building permit(s) for the new and/or modified dwelling units comprising the proposed housing development, consistent with Section 21.56.050 (Issuance of building permits). D. Approval Expiration. Approval of a Zoning Clearance shall expire twelve months of after issuance, as specified by Section 21.56.030 (Permit time limits and extensions), except when a proposed housing development is comprised of two dwelling units. Approval of a zoning clearance for creation and/or alteration of two dwelling units shall incorporate two pre-approved phases pursuant to Section 21.56.030.A.3.b (Pre-approved phases), where each phase provides twelve months for the applicant to secure issuance of a building permit for each approved dwelling unit. Failure to secure issuance of a building permit for Phase 1 (first dwelling unit) shall result in the expiration of the zoning clearance. Failure to obtain a building permit for Phase 2 (second dwelling unit) within the successive twelve-month period shall result in the expiration of approval for Phase 2 without effect to Phase 1. Such partial expiration of the zoning clearance shall not preclude application for a new zoning clearance for the second dwelling unit nor result in a violation of this Title. An applicant may request an extension of the permit expiration date to any of the twelve-month approval periods pursuant to Section 21.56.030.C (Extensions of time). E. 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. Expiration of a zoning clearance application following a determination that the application is incomplete pursuant to Section 21.38.040.C (Expiration of application) shall not constitute a denial. F. Appeals. As specified by Chapter 21.62 (Appeals), zoning clearances are ministerial and are not subject to an appeal. 21.25.100 – Exceptions If any of the zoning, site development, or design review standards provided in this Chapter 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 eight hundred 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 Page 14 of 27 this section. An exception request shall be explicitly made on the application for a zoning clearance for a proposed housing development. A. Determination. Exceptions shall be granted by the community development director according to the following order of priority (ordered from the most preferred to the least preferred) until the physical constraint to a proposed housing development is resolved, provided that if an exception does not remove a physical constraint, the exception shall not be granted. 1. Elimination of the rear setback (for parcels with a rear property line abutting a non-residentially zoned property or roadway); 2. Elimination of the interior-side setback (for parcels with a side property line abutting a non-residentially zoned property or street); 3. Reduction of the street-side setback to 5-feet; 4. Reduction of the garage entry setback/minimum driveway depth to 20-feet; 5. Increase to the maximum floor area ratio (FAR); 6. Increase to the maximum lot coverage; 7. Reduction to the minimum required private open space; 8. Reduction of the front/rear building separation between structures to 5-feet; 9. Reduction or elimination of any other standard not otherwise identified. B. 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) shall be followed, including the provisions for an appeal. SECTION 6. Adopting an Urban Lot Splits Chapter. New Chapter 20.14 (Urban Lot Splits) is hereby added to Title 20 (Subdivision and Land Development) of the Campbell Municipal Code to read as follows: CHAPTER 20.14 (URBAN LOT SPLITS) 20.14.010 – Purpose This Chapter establishes exceptions to the Zoning Code and Subdivision Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Section Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Code. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect. Page 15 of 27 20.14.020 – Applicability This Chapter is applicable only to voluntary applications for urban lot splits. Owners of real property or their representatives may continue to exercise rights for property development in conformance with this Title. Applications that do not satisfy the definitions for an urban lot split provided in Section 21.25.030 (Definitions) of the Zoning Code shall not be subject to this Chapter. 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) of a common interest development. 20.14.030 – Definitions The meaning of terms used in the Chapter shall be as defined by Section 21.72.020 (Definitions of specialized terms and phrases), Section 21.23.120 (Definitions), and Section 21.25.030 (Definitions) of the Zoning Code. Where a conflict may exist between these sections, the definitions provided in Sections 21.25.030 (Definitions) shall prevail. 20.14.040 – Subdivision Standards The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Code, or applicable neighborhood plan as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code. A. Allowable Lot Types. Any newly created parcel satisfying the criteria provided by Section 21.25.040 (General Eligibility) of the Zoning Code may be approved for an urban lot split, irrespective of its current configuration. However, the allowed creation of specific lot types resulting from an urban lot split is limited to those specified in Table 1-1 (Allowed Lot Types), below. Lot types identified with an (A) are allowable. Lot types identified with a (P) are prohibited and shall not be created. Table 1-1 – Allowed Lot Types Lot Type (1) Allowability Interior Lot A Corner Lot A Reverse Corner Lot A Flag Lot A Key Lot A Cul-de-Sac Lot A Pie-Shaped Lot A Double Frontage Lot P Irregular Lot P (1) Lot types are defined and illustrated in Section 21.25.030, Figure 1-1 (Lot Types and Yards), Figure 1-2 (Cul-de-Sac Lots), and Figure 1-3 (Pie-Shaped Lot) of the Zoning Code. B. Flag Lots. The access corridor of a flag lot parcel (as illustrated in Section 21.25.030, Figure 1-1 of the Zoning Code) 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 Page 16 of 27 and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the fire chief. C. Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles. D. 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 Section 21.25.030, Figure 1-1 of the Zoning Code E. 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 Section 21.25.030, Figure 1-1 of the Zoning Code. F. 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. G. Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two new parcels. 20.14.050 – General Requirements and Restrictions The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter: A. 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 Chapter. B. 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. C. 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 Section 21.25.050, Table 1-1 (Setback Requirements, Exception No. 4) of the Zoning Code. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map. Page 17 of 27 D. Grading. A change in elevation (AMSL) from natural grade shall be limited to the minimum extent necessary to ensure adequate drainage as demonstrated by a grading and drainage plan prepared by a registered civil engineer. E. 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 (or issuance of a certificate of occupancy for a new dwelling in the case of a vacant lot). 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. F. 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 as specified by Section 21.25.050, Table 1-1 (Setback Requirements) of the Zoning Code. G. 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 66411.7(j)(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. H. Park Impact Fee. A fee in-lieu of parkland dedication pursuant to Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) shall be paid prior to recordation of the parcel map. I. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. 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. J. Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than 25 percent of the existing exterior structural walls of any of the following types of housing: 1. 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; 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; Page 18 of 27 3. Housing that has been occupied by a tenant in the last three years. K. 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. L. 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 (Stormwater Pollution Control), and as demonstrated by a grading and drainage plan prepared by a registered civil engineer. M. Utilities. Utilities serving new parcels created through an urban lot split shall not cross property lines. The requirements of the utility providers shall be satisfied prior to recordation of a parcel map. 20.14.060 – Application Process Applications for urban lot splits shall be submitted and processed in compliance with the following requirements: A. 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. B. 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 21.25.090 (Application process) of the Zoning Code. Development of the new parcels is limited to the proposed housing development approved by the zoning clearance unless an application for a new zoning clearance is issued for a different proposed housing development. C. 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). D. 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. E. 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. F. Appeals. A decision of the city engineer on a parcel map for an urban lot split is a ministerial action and not appealable. Page 19 of 27 SECTION 7. Clarification to Architectural Features Encroachment Exception. Campbell Municipal Code Section 21.18.040.B.1 (Architectural features) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 1. Architectural features. Cornices, eaves, sills, canopies, bay windows totaling not more than 10 feet in width, or other similar architectural features may extend or project into a required side yard or rear yard, or required building separation distance, not more than 24 inches and may extend or project into a required front yard or street-side yard not more than 30 inches. Chimneys may project into a required front, side, street-side, or rear yard not more than 24 inches. No architectural feature may extend closer than three feet to any property line. SECTION 8. Revisions Pertaining to JADU Provisions. Campbell Municipal Code Section 21.23.040 (Junior Accessory Dwelling Unit Development Standards) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 21.23.040 - Junior Accessory Dwelling Unit Development Standards A junior accessory dwelling unit shall be constructed only on a parcel developed with no more than one single-family dwelling and 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. The occupied floor area shall be within the allowable floor area of a primary dwelling unit or detached accessory dwelling unit, as specified by Section 21.23.030.D (Floor area ratio and lot coverage). B. Associated Dwelling. The junior accessory dwelling unit shall be contained entirely within an existing or proposed primary dwelling unit (including within an existing attached garage) or a detached accessory dwelling unit utilizing one of the allowable two three bedrooms. C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or 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 Page 20 of 27 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. G. Owner occupancy required. A property with a junior accessory dwelling unit shall be occupied by the property owner, who shall reside in either the junior accessory dwelling unit or the primary dwelling unit. The community development director shall require recordation of a deed restriction documenting this restriction prior to issuance of a building permit. SECTION 9: Kitchen Definition: The definition of "Kitchen facilities" in Campbell Municipal Code Section 21.72.020(k) is amended to read as follows, with underlining indicating new text and strikeouts (strikeouts) indicating deleted text: "Kitchen facilities" means any room or area designed, intended, or used for the cooking and preparation of food with appliance(s) for cooking or heating food or beverages, such as a stove, oven, microwave, toaster, or hot plate, installed (either temporarily or permanently). "Kitchen facilities" and "kitchen" means a room or area designed for the cooking, preparation, and storage of food. When found in a dwelling unit, a kitchen shall include a free-standing cooking range or built-in cooktop, oven, ventilation, sink, refrigerator, food preparation countertop, and food storage cabinetry. SECTION 10: Efficiency Kitchen Definition: The following definition is added to Campbell Municipal Code Section 21.23.120 between the definitions of "Driveway" and " Existing space of an accessory structure" to read as follows, with underlining indicating new text: "Efficiency kitchen" means a cooking facility for a junior accessory dwelling unit which contains a sink, food preparation counter, food storage cabinet, and electrical circuitry suitable for common kitchen appliances. SECTION 11: JADU Definition: The definition of "Junior accessory dwelling unit" in Campbell Municipal Code Section 21.23.120 is amended to read as follows, with underlining indicating new text and strikeouts (strikeouts) indicating deleted text: "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed 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. SECTION 12. Exception to FAR/Lot Coverage. Campbell Municipal Code Section 21.23.030.D (Floor area ratio and lot coverage) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 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 Page 21 of 27 necessary to allow an accessory dwelling unit no larger than eight hundred 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. Exception: Up to eight hundred square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable maximum floor area ratio and maximum lot coverage requirements. This exception does not apply to junior accessory dwelling units. SECTION 13. JADU Parking Clarification. Campbell Municipal Code Section 21.23.030.J.1, Table – 3-1(d) (Parking Standards) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: SECTION 14. ADU Setback Exception. Campbell Municipal Code Section 21.23.030.E., Table – 3-1(b) (Setback Standards) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Table 3-1(b) – Setback Standards Setback (1) Requirement (2) 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 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 whole or in part) in conjunction to allow for with the creation of an accessory dwelling unit or junior 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. Page 22 of 27 Rear Street Side 12 feet Separation from Primary Dwelling Unit (3) 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) (3) 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) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21.18.040.B.1 (2) 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. (3) Except for accessory dwelling units that are no larger than eight hundred square feet and no taller than 16-feet, which shall be separated from other structures only to the extent that may be required by the building or fire code. 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). 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 including accessory dwelling units: SECTION 16. Special Provisions for Multi-family Residential Properties: Campbell Municipal Code Section 21.23.050 (Special Provisions for Multi-family Residential Properties) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 21.23.050 – Special Provisions for Multi-family Residential Properties Page 23 of 27 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, carports, or garages, provided that the dwellings comply with the California Building Code. Accessory dwelling units created through this provision shall not be expanded in any manner, except to allow an entry area for ingress and egress no greater than one hundred fifty square feet. Creation of additional living area within the existing building envelope (i.e., mezzanine) shall not be considered an expansion provided that the accessory dwelling unit does not exceed eight hundred square feet. 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. The accessory dwellings units may be detached from each other or may be connected in a side-by-side or front-to-back configuration or stacked with one unit located atop of the other unit forming a two-story structure not exceeding the maximum building height specified by Section 21.23.030.I (Maximum height and stories). SECTION 17. Approval Process: Campbell Municipal Code Section 21.23.080 (Approval Process) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 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. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. Notwithstanding the foregoing 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) Page 24 of 27 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 be tolled during any delay requested by the applicant. SECTION 18. Deletion of Utility Meter Provisions: Campbell Municipal Code Section 18.20.030 (Utility meters) is hereby deleted. SECTION 19. Deletion of ADU Master Plan provisions: Campbell Municipal Code Section 21.23.100 (Master Development Plan) is hereby deleted. SECTION 20. Public Improvements: Campbell Municipal Code Section 11.24.180.D is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: D. Additions, alterations or repairs to any existing residential structure, including excluding construction of an accessory dwelling unit or junior accessory dwelling unit, within a five-year period that add less than fifty percent of the size, measured in square feet, to the existing structural coverage shall be exempt from the requirement of this chapter to install street improvements unless the contemplated additions and use of the property in question will result in an immediate danger to the public safety, as determined by the city engineer. SECTION 21. Existing Dwelling Units: Campbell Municipal Code Section 21.23.020.B is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: B. Dwelling unit. A parcel that is presently developed with at least 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). SECTION 22. ADU Design Requirements: Campbell Municipal Code Section 21.23.030.K.1 is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: 1. Detached accessory dwelling units. Detached accessory dwelling units larger than eight hundred square feet and taller than sixteen feet, 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. SECTION 23. Special Provisions for Historic Properties: Campbell Municipal Code Section 21.23.060 is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Page 25 of 27 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. 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: Detached accessory dwelling units that are eight hundred square feet or smaller and no taller than sixteen feet are not subject to the design or placement requirements of this section. 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. SECTION 24. Maximum Size: Campbell Municipal Code Section 21.23.030.G is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: G. Maximum Size. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred square feet, except for a unit contained within the existing space of an accessory structure, which is limited to the size of the accessory structure. The maximum living area for an attached or interior accessory dwelling unit shall not exceed fifty percent of the living area of the primary dwelling unit, except that a minimum allowable living area of eight hundred and fifty square feet shall be permitted. SECTION 25. Allowable Rooms: Campbell Municipal Code Section 21.23.030.H is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: H. Allowable rooms. An accessory dwelling unit shall be limited to a maximum of two three bathrooms and two three bedrooms (defined as a habitable room with an area not less than seventy 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 one hundred twenty square feet shall be permitted unless they Page 26 of 27 are fully interior within the accessory dwelling unit without any exterior walls from which windows could be created. SECTION 26. Exception to Open Space. Campbell Municipal Code Section 21.23.030.C (Private open space) is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: C. Private oOpen space. Creation of an accessory dwelling unit shall not reduce the required private open space to less than that required 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 eight hundred 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. Exception: Accessory dwelling units that are eight hundred square feet or smaller and no taller than sixteen feet may encroach into the required open space area of a parcel. SECTION 27. Floor Area Calculation. Campbell Municipal Code Section 21.02.020 (Rules of interpretation) is amended to add a new subsection 'H,' as follows with underlining indicating new text: H. Gross floor area. When this Zoning Code specifies the maximum allowable floor area of a structure or a portion of a structure, the floor area shall be calculated on a "gross" basis, consistent with the definition of "Floor area, gross" provided in Chapter 21.72 (Definitions), unless otherwise specified. SECTION 28. Parking Stall Configuration: Campbell Municipal Code Section 21.23.030.J.2 (Parking configuration) is amended to add a new sub-paragraph 'e,' as follows with underlining indicating new text: e. Required parking stalls may be designed to allow vehicles to back out onto an abutting public street provided that the street is classified as "local street" by the General Plan roadway classification diagram. SECTION 29 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this 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 ordinance. The City Council hereby declares that it would have passed this 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. Page 27 of 27 SECTION 30 (EFFECTIVENESS) 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 a newspaper of general circulation for the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this _____ day of ____________, 2022 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: ________________________ Paul Resnikoff, Mayor ATTEST: _______________________________ Andrea Sanders, Acting Interim City Clerk ITEM NO. 1 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ March 22, 2022 PLN-2021-187 Zoning Code Amendment Public Hearing to consider a City-initiated Zoning Code Text Amendment (PLN-2021-187) adding new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 (SB-9) and amending various other sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs); 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 SB-9 implementation provisions. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment A), recommending that the City Council adopt (1) an ordinance to add new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 and amending various sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs); (2) an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed SB-9 implementation provisions; and (3) General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed implementation SB-9 provisions. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that the proposed actions are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(j) and Section 66411.7(n), and Public Resource Code Section 21080.17, which exempts local ordinances from environmental review that implement State law pertaining to SB-9 (two-unit development and urban lot splits) and accessory dwelling units (ADUs), respectively. BACKGROUND On September 16, 2021, Senate Bill No. 9 (SB-9) was signed into law by Governor Newsom. SB-9 functionally eliminated single-family residential zoning in California as of January 1, 2022, by allowing all properties within a "single-family residential zone" to be developed with two units and to be subdivided into two parcels, subject to various eligibility standards and restrictions. In short, the law allows for two new types of development activities that must be reviewed ministerially without any discretionary action or public input: • "Proposed Housing Development" allows a single-family residential parcel to accommodate two primary dwelling units instead of one, as well as allowable ADUs. • "Urban Lot Splits" allows a single-family residential parcel to be divided into two parcels (one-time) and for each parcel to also accommodate two housing units (inclusive of primary dwellings and ADUs. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 2 of 10 PLN-2021-187 ~ SB-9 Ordinance Limitations on the City: SB-9 imposes the following limitations on the City in its implementation of the law. • The City may only impose objective zoning, design, and subdivision standards. Any applicable standards shall not physically preclude the construction of two units of less than 800 square feet each, per property. • The City must review and process SB-9 applications ministerially and without any environmental analysis (CEQA). • The City may not impose a residential setback greater than 4-feet for side and rear property lines. • The City may not impose any setback requirements for a new residence constructed in the same location and to the same dimensions as an existing structure that is demolished. • The City may not impose off-site improvement or right-of-way dedication requirements as a condition of a parcel map for an urban lot split. • The City may not require more than one parking space per new unit (or lot), and for properties within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or within one block of a car share vehicle, no parking spaces may be required. • The City may not require correction of an existing non-conforming condition. • The City may only deny an SB-9 proposal if the Building Official finds that it would have a "specific, adverse impact (as defined), 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." Limitations on Applications: The following limitations on SB-9 applications: • The units may not be utilized as a short-term rental (defined as a rental term less than 30 days). • The project would not result in the demolition of more than 25 percent of existing exterior structural walls of an existing dwelling if the property has been occupied by a tenant in the last three years or otherwise as allowed by City ordinance. • The original parcel was not previously created through an Urban Lot Split allowed under SB-9 (hence the one-time nature of the provision). • Each new parcel must be "approximately equal" in lot area provided that one parcel shall not be smaller than 40 percent the size of the original parcel and no parcel shall be less than 1,200 square feet. • The subdivider must sign an affidavit stating that they intend to occupy one of the housing units on one of the created lots as their principal residence for a minimum of three years from the date of approval of a parcel map for an urban lot split. • Neither the subdivider nor any person "acting in concert" with the subdivider can subdivide an adjacent parcel using an urban lot split. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 3 of 10 PLN-2021-187 ~ SB-9 Ordinance City Council Action: At its October 19, 2021, meeting the City Council authorized preparation of an interim SB-9 ordinance to be adopted on an urgency basis prior to January 1, 2022. The intent was to establishment provisional objective zoning, design, and subdivision standards, and a permitting process ahead of January 1st to allow for the orderly implementation of SB-9. The interim ordinance was adopted by the City Council on December 7, 2021 for an initial period of 45-days pursuant to State law. The City Council subsequently extended the interim ordinance until August 1, 2022 at its February 1st meeting to allow sufficient time for preparation of a formal ordinance and holding of the required public hearings. DISCUSSION The proposed ordinance is largely based on the interim ordinance adopted by the City Council. However, it has been revised to incorporate feedback from the Council and to clarify and modify various standards upon further review by staff. Associated amendments to the San Tomas Area and Campbell Village Neighborhood Plans have also been prepared that will incorporate by reference the new municipal code chapters that implement SB-9. Staff has identified the following objectives to be achieved in preparing the proposed ordinance: • To create clarity for staff and the community in implementing SB-9 provisions while ensuring a degree of consistency between SB-9 and the City's existing codes. • Reinforce the applicability of existing development standards to SB-9 projects, except where specifically preempted by the law (i.e., setbacks and parking). • Establish objective design standards addressing architectural elements, materials, colors, privacy, and scale in SB-9 projects (of particular importance, since the City lacks any such objective standards). • Establish objective subdivision standards for SB-9 projects, including provisions that prohibit the creation of irregular lots in single family neighborhoods. • Implement a clear and standardized permitting procedure for proposed housing developments and urban lot splits. • Provide a process to waive development standards that physically preclude construction of up to two units of at least 800 square feet, as required by SB-9. • Create clarifying definitions that resolve ambiguities in SB-9 including identifying the number and type of ADUs that may be constructed in association with an SB-9 project. • Establish other definitions that objectively define certain terms to clarify the implementation of development standards. SB-9 Standards: The following is an overview of the key provisions of the proposed ordinance:  Qualifying Criteria: Consistent with SB-9, the ordinance would apply to all single-family residential ("R-1") zoned properties, except for the following: o Properties located within a flood zone (unless the new dwellings are designed to satisfy certain standards).1 1 Approximately two dozen properties are located within a flood hazard zone per the FEMA Flood Map Service Center. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 4 of 10 PLN-2021-187 ~ SB-9 Ordinance o Properties within a delineated earthquake fault zone.2 o Properties identified as a hazardous waste site (unless the site has been cleaned and certified for residential use). o Properties listed on the City's historic resource inventory (HRI). o Proposals that would include demolition housing subject to an affordable housing convent, rent control, or that has been occupied by a tenant in the last three years.  Objective Zoning Standards: The ordinance reinforces applicability of existing development standards to SB-9 projects, including height, floor area ratio (FAR), lot coverage, fencing, landscaping, lighting, building separations, private open space, equipment placement, and stormwater management, as currently specified by the Zoning Code and applicable area plans, with two modifications: o Setbacks. Although the applicable front and street-side yard setbacks would continue to apply, side and rear setbacks are limited to 4-feet per SB-9. o Parking. Recognizing the physical constraints likely to be introduced by additional building area allowed by SB-9, when parking is required, the stalls may be either covered (garage or carport) or uncovered, including within a driveway.  Objective Design Review Standards: New objective design review standards applicable to SB-9 projects would be created. The standards are intended to incorporate general best design practices for single-family neighborhoods, including: o Privacy requirements including limiting the size and placement of second-story windows, and a prohibition of rooftop terraces and decks. Balconies would only be permitted on the front elevation of a primary dwelling unit. o Limits on the height of entryways, doors, and floors (plate heights). o Restrictions on roof forms to hipped cross-hipped or hipped and valley forms with a minimum slope of 4:12 and a maximum slope of 8:12 (to prevent flat, shed, or strongly angular roofs). Gabled and dormer elements are allowed. o Limits on roofing materials to composition shingles, photovoltaic shingles, standing seam metal, clay tile, concrete tile, and slate shingles. o Requirement that stairways to access upper-level units be entirely enclosed. o Limits on wall material to stucco and siding (fiber cement, wood, or engineered wood) with an allowance for stone or brick veneer as an accent.  Objective Subdivision Standards: To provide for the orderly creation of new parcels through SB-9 enabled lot splits, the proposed ordinance provides the following standards: o Defines allowable lot types (i.e., interior lots, cul-de-sac lots, corner lots, flag lots, etc.) and prohibiting "irregular lots" that do not meet these standard types. o Requires that side property lines of newly created lots shall be aligned approximately at right angles to streets or radial to the centerline of curved streets. 2 The Shannon-Monte Vista Fault extends through southwest corner of the City, as depicted in Figure HS-4 of the Campbell General Plan. The USGS Quaternary Fault and Fold Interactive Map shows fewer than half a dozen properties intersecting with this fault. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 5 of 10 PLN-2021-187 ~ SB-9 Ordinance o Specifies that each new parcel shall not be smaller than 40 percent of the size of the original parcel and in no case less than 1,200 square-feet (per SB-9). o Defines a minimum width requirement for the access (pole) portion of flag lots as 12-feet, consistent with the minimum Fire Code requirement. o Defines the minimum lot width as 25-feet (equal to approximately 40% of the width of a standard 60-foot wide R-1-6 lot). o Maintains a minimum street frontage of 25-feet for new lots, except for flag-lots which are allowed a frontage of 12-feet.  Accessory Dwelling Units: Existing State law and the City's ADU Ordinance allow for ADUs in association with single-family dwellings or duplex structures. In conformance with SB-9, the ordinance allows for ADUs in conjunction with SB-9 projects as follows: o Single-Family Homes (No Lot Split): One ADU and JADU are allowed in addition to the two primary dwellings allowed by SB-9, for a total of four units. o Duplex (No Lot Split): Two ADUs are allowed per property in addition to the duplex, for a total of four units.3 The ADUs must be detached from the duplex structure but may be connected to each other. o Urban Lot Splits: SB-9 provides that the City may restrict the number of units to two—inclusive of primary dwellings, ADUs, and JADUs— on parcels created from an urban lot split. Consistent with SB-9, the ordinance restricts the total number of allowable units resulting from an urban lot split to two units per new parcel (for a total of four units).  Review and Permitting Process: The ordinance establishes the use of an existing ministerial permit process known as a "Zoning Clearance," to review proposed housing development proposals and ensure that they meet the required objective standards, including a review of all existing and proposed structures compromising the proposed housing development. Approval of the Zoning Clearance would be required prior to submittal of applications for building permits for the individual structures. Urban lot splits would be processed through the existing parcel map review process overseen the Public Works Department. Since urban lot splits are ministerial, an application for a tentative parcel map would not be required. However, to ensure orderly development of SB-9 projects and ensure feasibility of proposed urban lot splits, parcel map applications must be submitted concurrently with the zoning clearance application. 3Duplexes are considered "multifamily dwelling structures" under both State law and the City's local ADU ordinance. Multifamily dwelling structures are allowed two detached ADUs and one ADU for every four primary dwelling units (25%) created within non-livable space(s), such as garages, with at least one such ADU unit allowed. The ordinance clarifies that the latter part of this provision only applies to existing duplexes, consistent the Government Code which uses the term "existing multifamily dwelling structures." As such, SB-9 projects with duplexes will only be permitted the two detached ADUs. Only in very limited circumstances where an existing legal non-conforming duplex is currently located on a R-1 zoned property would a third ADU created from an existing non-livable space be allowed (resulting in the potential creation of a total of five units). However, the City's GIS consultant found only 11 such properties in the City. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 6 of 10 PLN-2021-187 ~ SB-9 Ordinance  Exceptions. Consistent with SB-9, the Community Development Director must waive any zoning or design standard that has "the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area". This determination would occur as part of the Zoning Clearance review process. The ordinance establishes a prioritization list in determining which standards may be waived or reduced, as identified, below. The list in organized in a manner that first encourages building outwards to encroach within the zoning setbacks, then upwards through relaxation of the floor are ratio (FAR) standard, and finally inward through reduction of the private open space, lot coverage, and building separation requirements. 1. Elimination of the rear setback (for parcels with a rear property line abutting a non- residentially zoned property or roadway); 2. Elimination of the interior-side setback (for parcels with a side property line abutting a non-residentially zoned property or street); 3. Reduction to the street-side setback to 5-feet; 4. Reduction to the garage entry setback/minimum driveway depth to 20-feet; 5. Increase to the maximum floor area ratio (FAR); 6. Increase to the maximum lot coverage; 7. Reduction to the front/rear building separation between structures to 5-feet; 8. Reduction to the minimum required private open space; 9. Reduction or elimination of any other standard not otherwise identified. ADU Revisions: Since SB-9 is likely to be used in conjunction with existing provisions for creation of ADUs, staff has also incorporated various revisions to the Chapter 21.23 (Accessory Dwelling Units) in the proposed ordinance. These revisions generally ease existing constraints and make mandatory revisions pursuant to AB 68 (2018) that remain outstanding.  Setbacks Exceptions: Allow existing non-conforming accessory structures that are converted to ADUs be expanded along the existing substandard setback (setbacks > 4-ft). Also clarify the setback exception for eaves and architectural features also applies to the required separation requirement between buildings.  Kitchen Definition: Clarify the definition of kitchen to ensure adequate cooking facilities in all new dwellings and update the JADU "kitchenette" standard to instead to require a standard kitchen per State law.  Clarify FAR/Lot Coverage Exemption: Revise the exception to FAR and Lot Coverage for ADUs to specifically exempt 800 square-feet of floor area from the maximum standards as per State law.  JADU Floor Area: Clarify that ADUs are allowed in existing and new dwellings, within the allowable floor area of the parcel.  Multifamily Dwellings ADUs: Specifically allow the two detached ADUs associated with a multifamily dwelling (e.g., duplexes or apartments) to be connected to each other (side-by-side, back-to-front, or stacked). Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 7 of 10 PLN-2021-187 ~ SB-9 Ordinance ANALYSIS Potential Development Buildout: As noted, SB-9 will result in the potential creation of four dwelling units from an existing single-family parcel, generally in the four (simplified) scenarios identified in the table, below (in comparison, a single-family property is currently permitted three units, inclusive of a single-family dwelling, an ADU, and a JADU). SB-9 Project Type Lot Number of Housing Units Detached Units (SFD) Attached Units (Duplex) ADU JADU Total Units No Lot Split Existing Lot 2 - 1 1 4 Existing Lot - 2 2 - 4 With Lot Split New Lot 1 1 - 1 - 4 New Lot 2 - 2 - - New Lot 1 2 - - - 4 New Lot 2 - 2 - - The "real-world" impact of SB-9 will likely be felt most in the R-1-6 Zoning District as approximately 80% (5,475 lots) of the City's 6,800 R-1 zoned lots have this zoning designation. Moreover, these lots are typically smaller than the those found in the City's other R-1 districts, which will result in more building square-footage relative to their lot area (i.e., higher FARs). However, according to UC Berkely's Turner Center's report on SB-9 published last year, economic factors currently limit the number of new housing units that could be created to approximately 700 city-wide. Onsite Building Massing: In terms of effects to the built environment, the objective standards proposed by staff prioritize the preservation of interior open space areas and thus will encourage that housing developments under SB-9 be constructed as two-level structures. While this approach maintains more on-site open space, it will likely result in more two-story buildings with 4-foot New Lot 1 New Lot 1 New Lot 2 New Lot 2 Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 8 of 10 PLN-2021-187 ~ SB-9 Ordinance side and rear setbacks that could affect neighboring properties by additional building massing, shadowing, and perceived privacy disruption. An alternative approach would be to establish objective standards that allow greater lot coverage with buildings and deprioritize private open space. This will result in more single-story development by allowing a greater portion of a lot to be built upon. 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. The following is an analysis of these findings. 1.The proposed amendment is consistent with the goals, policies, and actions of the GeneralPlan; The proposed ordinance incorporates objective design, development, and subdivision standards that aim at reducing the tradeoffs associated with increasingly dense development within the community. These standards will encourage the construction of traditionallydesigned homes and creation of logically shaped lots that will be compatible with establishedneighborhoods, consistent with the following General Plan policies and strategies: Strategy LUT-5.2a: Strategy LUT-5.2b: Policy LUT-9.3: Strategy LUT-9.3e: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Residential Design Guidelines: Adopt design guidelines for new construction and remodeling of all residential structures. Design guidelines should include provisions for height, bulk, setbacks and garage placement so that new construction is compatible with existing neighborhood patterns. Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Additionally, by adopting a local implementing ordinance for SB-9, the City will provide a predicable pathway to development of single-family properties. This approach is also in furtherance of Housing Element Policy H-5.4 and Program H-5.4a, below, which directs the City to maintain the Municipal Code up-to-date with State legislation. Policy H-5.4: Ordinance Updates: Update the Municipal Code as needed to comply with changes to State Law and local conditions relating the housing production and affordability. Program H-5.4a: Periodic Ordinance Amendments: Update the Municipal Code as needed to comply with changes to State Law and local conditions/needs. Implementation Objective: Initiate and complete the amendment process to comply with the new requirements within 12 months of being notified of the requirement Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 9 of 10 PLN-2021-187 ~ SB-9 Ordinance Lastly, as noted, the proposed revisions to the City's ADU ordinance are intended to reduce existing barriers to construction. As such, these changes would be furtherance of Housing Element Policy H-5.3 and Program H-5.3a, which encourages the City to facilitate the construction of ADUs. Policy H-5.3: 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; Protecting the interest, health, safety, convenience, and general welfare of the City's residents is always at the forefront of decision-making. The proposed ordinance is no exception to this general obligation. The permitting provisions and objective standards are intended to maintain the quality of life of the Campbell community by balancing the need for additional housing allowed by SB-9 and minimizing community impacts. 3. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. SB-9 requires the City to permit a greater number of housing units and smaller lot sizes than otherwise allowed the R-1 zoning district. While the law creates inconsistencies with various other Zoning Code provisions such as parking and permitting procedures they are an unavoidable result of SB-9 and it is not possible to reconcile the State's requirement for multiple housing units on single-family zoned properties, since doing so creates an inherent conflict. For this reason, the proposed ordinance contains the SB-9 provisions as a stand-alone chapter in the Zoning Code in order to minimize internally inconsistencies. NEXT STEPS Following the Planning Commission's recommendation on the proposed ordinance, the City Council will hold a public hearing. If the Council accepts the Planning Commission's recommendation, the ordinance would then formally be adopted at the following Council meeting and go into effect 30 days later. Staff is currently completing consultations with Native American tribes regarding the ordinance and general plan amendments, as required by State Law, which must be completed before the item can be considered by the Council. Staff Report ~ Planning Commission Meeting of March 22, 2022 Page 10 of 10 PLN-2021-187 ~ SB-9 Ordinance If the Council desires to make "substantial modifications" to the ordinance not previously considered by the Planning Commission, the Commission would hold an additional hearing on the Council's desired modifications and render a new recommendation. Attachments: 1. Draft Planning Commission Resolution Exhibit A – Draft Ordinance Prepared by: Daniel Fama, Senior Planner Approved by: Rob Eastwood, Community Development Director City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Members of the Planning Commission Date: July 12, 2022 From: Rob Eastwood, Community Development Director Subject: Report of the Community Development Director I. CITY COUNCIL: The City Council met on Tuesday, July 5th, 2022 and considered the following items of interest to the Planning Commission: Authorization to Submit One Bay Area Grant (OBAG) Applications The City Council adopted a Resolution authorizing the Public Works Director to submit One Bay Area Grant Program applications for the Fiscal Year 2022/23 Annual Street Maintenance Project to Resurface Hamilton Avenue, the Campbell Priority Development Area Enhancements Project, and the Hamilton Avenue Precise Plan. Adoption of Ordinances and Resolutions related to approving a Semi-Permanent Parklet Program The City Council introduced an Ordinance adding Chapter 11.15 (Parklets in the Public Right-of-Way) to the Campbell Municipal Code; adopted a Resolution approving the adoption of a Semi-Permanent Parklet Program Guide; adopted a Resolution approving an amendment to the City’s Master Fee Schedule adding fees and deposits related to parklets in the public right-of-way, providing for a one-time Construction Grant to program applicants and approving associated budget adjustments for Fiscal Year 2023; and adopt a Resolution extending the Temporary Parklet Program to January 9, 2023. II. MISCELLANEOUS A. Publication of “Campbell’s Plan for Housing” Draft Housing Element: The Department published the Draft Housing Element for public review on June 9, 2022. The Draft Housing Element is available for public review for 30 days until July 11, 2022 and then be sent to the State Department of Housing and Community Development for comment. The State has 90 days to review the document and provide feedback to the City.