PC Res 4722
RESOLUTION NO. 4722
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING TITLE 21 RELATED TO
ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) TO CONFORM WITH
RECENT FEEDBACK AND DIRECTION FROM THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
(HCD) AND RECENT LEGISLATIVE UPDATES (SB 1211 & AB 2533).
FILE NO. PLN-2024-144.
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 file number PLN-2024-144:
1. The project consists of a Zoning Code Amendment to amend Title 21 of the Campbell
Municipal Code regarding accessory dwelling units (ADUs) and junior accessory
dwelling units (JADUs) to conform with recent feedback and direction from the
California department of housing and community development (HCD) and recent
legislative updates (SB 1211 & AB 2533).
2. The proposed amendments are necessary to ensure compliance with the California
Department of Housing and Community Development (HCD) findings, which
identified inconsistencies between the City's existing ADU ordinance and state law.
3. The proposed amendments incorporate new provisions from SB 1211, which allow
up to eight detached ADUs on a lot with multi-family properties, provided the number
of ADUs does not exceed the total number of primary dwellings on the lot.
4. The proposed amendments reflect recent changes introduced by AB 2533, which
extend the amnesty period for unpermitted ADUs constructed before 2020 and
remove the upper boundary on the number of units eligible for amnesty.
5. The proposed amendments remove references to certain objective design standards,
increasing design flexibility in line with HCD's feedback and encouraging a broader
range of pre-approved ADU designs.
6. The ordinance updates the deed restriction requirements for ADUs and JADUs,
maintaining only those related to statewide exemption units in accordance with
HCD's guidance.
7. The adoption of the proposed ordinance is essential to ensure the City maintains
compliance with State law and avoids potential legal consequences associated with
noncompliance.
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8. The proposed amendments would be consistent with the following policies and
actions from the 2040 General Plan, which include promoting housing diversity and
ensuring compliance with state housing requirements:
Policy LU-3.2 Provide for a variety of residential land uses that meet the needs of
individuals and families while ensuring that there is adequate land
designated to meet housing goals. (Additional policies specifically related
to Housing are included in the Housing Element).
Policy LU-3.3 Encourage creativity in the design and construction of residential projects
in order to increase affordable housing options throughout Campbell.
Projects that incorporate unique site design, smaller dwelling units,
maximization of onsite open space, and other tools to increase housing
options in Campbell shall be encouraged.
Action CD-1.b Adopt and apply objective standards for all residential projects that
respect and build upon Campbell’s unique character and distinctive
neighborhoods
Policy CHW-6.1 Ensure that there is a diversity of housing types to accommodate all
income levels.
9. Adoption of the proposed Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA).
10. The proposed Ordinance may be found exempt from environmental review 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
Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of
the Government Code relating to the construction of accessory dwelling units.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
11. In consideration of the recommended adoption of the Ordinance, the Planning
Commission provided due consideration of all evidence presented and provided in
the entire administrative record.
12. The proposed amendments are consistent with the goals, policies, and actions of the
2040 General Plan and all applicable development agreements, area plans,
neighborhood plans, and specific plans.
13. The proposed amendments will not be detrimental to the public interest, health,
safety, convenience, or general welfare of the city.
14. The proposed amendments are internally consistent with other applicable provisions
of the Campbell Municipal Code and Zoning Code.
15. No substantial evidence has been presented which shows that the project, as
currently presented, will have a significant adverse impact on the environment.
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16. The recommended adoption of an Ordinance is exempt 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 Article 2 (commencing with
Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code relating
to the construction of accessory dwelling units.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the
City Council adopt an ordinance amending Title 21 related to Accessory Dwelling Units
(ADUs) and Junior Accessory Dwelling Units (JADUs) to conform with recent feedback
and direction from the California Department of Housing and Community Development
(HCD) and recent legislative updates (SB 1211 & AB 2533) as set forth in Exhibit A.
PASSED AND ADOPTED this 22nd day of October 2024, by the following roll call vote:
AYES: Members: Zisser, Kamkar, Buchbinder, Krey, Ostrowski, Majewski
NOES: Members:
ABSENT: Members: Fields
ABSTAIN: Members:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Nov 7, 2024 16:51 PST)
EXHIBIT A
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING REVISIONS TO TITLE 21 RELATED TO
ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY
DWELLING UNITS (JADUS) TO CONFORM WITH RECENT FEEDBACK
AND DIRECTION FROM THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD) AND RECENT
LEGISLATIVE UPDATES (SB 1211 & AB 2533).
WHEREAS, on June 30, 2023, the City of Campbell received a letter from the
California Department of Housing and Community Development (HCD) providing written
findings pursuant to Government Code Section 66326 identifying certain section(s),
subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's accessory dwelling
unit ordinance that do not comply with State law;
WHEREAS, on July 27, 2023, the Community Development Director transmitted a
letter in response to HCD's written findings, within the 30-day period provided by the
statute, acknowledging a need to amend the City's accessory dwelling unit ordinance,
and requesting additional clarification and information;
WHEREAS, HCD's written findings determined that the City’s local accessory
dwelling unit ordinance is no longer consistent with Government Code Sections 66314
and 66333, effectively rendering the ordinance null and void and restricting the City to
applying only the default statutory standards outlined in these sections for approving
accessory dwelling units and junior accessory dwelling units;
WHEREAS, following the City's July 27, 2023 letter, no further response was
received from HCD, and as a result, the City adopted an interim ordinance (No. 2299) on
November 7, 2023, to address HCD's initial feedback, which was extended through
Ordinance No. 2300 to remain effective until December 31, 2024;
WHEREAS, in Summer 2024, City staff contacted HCD to notify them of the City's
intent to adopt a permanent ordinance to replace the interim ordinance, and on August 7,
2024, HCD provided informal feedback to staff, identifying additional clarifications
needed to ensure consistency with State law;
WHEREAS, in September 2024, the California Legislature enacted SB 1211 and
AB 2533, signed into law by the Governor on September 19 and 28, 2024, respectively,
which made significant changes to State law regarding ADUs, including the number of
ADUs allowed for multi-family dwellings and the extension of the amnesty period for
unpermitted ADUs;
WHEREAS, in response to HCD’s guidance and state law changes, the City of
Campbell incorporated feedback, including removing certain deed restriction
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requirements and adding flexibility to ADU design standards as part of the permanent
ordinance updates, as outlined in the staff report;
WHEREAS, the City Council will adopt a permanent ordinance to replace the
interim ordinance currently in place, addressing both State law requirements and the
specific feedback received from HCD;
WHEREAS, 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;
WHEREAS, the approval of accessory dwelling units and junior accessory
dwelling units based solely on the few default statutory standards of the California
Government Code, without local regulations governing height, setback, landscape, and
architectural review, among other things, would threaten the character of existing
neighborhoods, negatively impact property values, personal privacy, fire safety, and
create confusion that would hinder the creation of accessory dwelling units and junior
accessory dwelling units within the community;
WHEREAS, the proposed amendments are consistent with the goals, policies,
and actions of the 2040 General Plan, as well as all applicable development
agreements, area plans, neighborhood plans, and specific plans;
WHEREAS, no substantial evidence has been presented demonstrating that the
project, as currently presented, will have a significant adverse impact on the
environment;
WHEREAS, the recommended adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section
21080.17, which exempts the adoption of an ordinance by a city or county to implement
the provisions of Section 65852.1 or Article 2 (commencing with Section 66314) of
Chapter 13 of Division 1 of Title 7 of the Government Code relating to the construction of
accessory dwelling units.
WHEREAS, the City Council finds and determines that the proposed ordinance
would not be detrimental to the public interest, health, safety, convenience, or general
welfare of the city; and is internally consistent with other applicable provisions of the
Campbell Municipal Code.
WHEREAS, in consideration of the recommended adoption of the Ordinance, the
City Council provided due consideration of all evidence presented and included in the
entire administrative record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE): This ordinance adopts revisions to Chapter 21.23 (Accessory
Dwelling Units) and related sections of the Campbell Municipal Code in compliance
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written findings provided by the California Department of Housing and Community
Development (HCD).
SECTION 2 (APPLICABILITY): This ordinance is applicable to the creation of accessory
dwelling units and junior accessory dwelling units, including such units that are created
as part of a "SB-9 proposed housing development" pursuant to Chapter 21.25 (Two-Unit
Housing Developments).
SECTION 3 (REVISIONS – Chapter 21.23): Chapter 21.23 (Accessory Dwelling Units)
of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated
by underlined text and deletions are indicated by strikethrough (strikethrough) text.
Chapter 21.23 ACCESSORY DWELLING UNITS
21.23.010 Purpose.
This Chapter provides for the establishment of accessory dwelling units and junior
accessory dwelling units, in compliance with Article 2 (Zoning Districts), the California
Government Code, and the California Building Code (CBC). The purpose of permitting
accessory dwelling units and junior accessory dwelling units is to allow more efficient
use of the City's existing housing stock and to provide the opportunity for the
development of small rental housing units designed to meet the housing needs of
individuals and families, while preserving the integrity of residential neighborhoods.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.020 Minimum Standards for Eligibility.
Accessory dwelling units pursuant to this Chapter may be constructed on parcels
satisfying all of the following minimum standards:
A. Zoning district. A parcel located within a residential or mixed-use zoning district
as specified by Chapter 21.08 (Residential zoning districts) and Chapter 21.11
(Mixed-used districts), respectively, or in the P-D (Planned Development)
Zoning District on a parcel with a General Plan land use designation that
directly corresponds to a residential zoning or mixed-use district as specified by
Section 21.04.020, Table 2-1.
B. Dwelling unit. A parcel that is presently developed with at least one 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, inclusive of detached small-lot single-family
dwellings and townhouses, except for accessory dwelling units constructed on
multi-family residential properties pursuant to Section 21.23.050 (Special
Provisions for Multi-family Residential Properties).
C. Minimum lot area. No minimum lot area is required for creation of an accessory
dwelling unit or junior accessory dwelling unit.
D. Legal parcel. A parcel which has been legally created in compliance with the
Subdivision Map Act (Government Code Section 66410 et seq.) and Title 20 of
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the Municipal Code (Subdivision and Land Development), as applicable at the
time the parcel was created. The City Engineer may require a certificate of
compliance to verify conformance to this requirement.
21.23.022 Maximum Number of Accessory Dwelling Units Permitted on Single-
Family Residential Properties.
Any of the following accessory dwellings units on single-family residential
properties are allowed by this Chapter:
A. Standard accessory dwelling units. Any one (1) of the following accessory
dwelling units per lot may be created with a proposed or existing single-family
dwelling:
1. Interior accessory dwelling unit; or
2. Attached accessory dwelling unit; or
3. Detached accessory dwelling unit.
B. Statewide Exemption Accessory Dwelling Unit. In addition to the above, a
property with an existing or proposed single family dwelling may additionally
construct or create one (1) of the following types of accessory dwelling units in
accordance with Section 21.23.027 (Special Provisions for Statewide Exemption
Accessory Dwelling Units), if the unit meets the definition of a statewide
exemption accessory dwelling unit:
1. Interior accessory dwelling unit; or
2. Attached accessory dwelling unit; or
3. Detached accessory dwelling unit.
21.23.025 Maximum Number of Accessory Dwelling Units Permitted on Multi-
Family Residential Properties.
Any of the following accessory dwellings units on multi-family residential
properties are allowed by this Chapter:
A. Standard accessory dwelling units. A multi-family residential property with an
existing or proposed multi-family dwelling can construct or create either or both of
the following types of accessory dwelling units in accordance with Section
21.23.050 (Special Provisions for Multi-family Residential Properties).
1. Detached accessory dwelling unit. A maximum of eight (8) detached
accessory dwelling units, not to exceed the number of existing primary
dwelling units are allowed on a lot that has an existing or proposed
multifamily dwelling subject to the standards, requirements, and restrictions
of this Chapter.
2. Interior accessory dwelling unit. A minimum of one (1) accessory dwelling
unit and up to one (1) accessory dwelling unit for every four (4) dwelling
units within an existing multifamily dwelling structure(s) are allowed to be
created by the conversion of existing non-livable space(s), including, but
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not limited to, storage rooms, boiler rooms, passageways, attics,
basements, carports, or garages, provided that the dwellings comply with
the California Building Code.
B. Statewide Exemption Accessory Dwelling Unit. A property with an existing or
proposed multi-family dwelling can construct or create one (1) of the above types
of accessory dwelling units in accordance with Section 21.23.027 (Special
Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets
the definition of a statewide exemption accessory dwelling unit.
21.23.027 Special Provisions for Statewide Exemption Accessory Dwelling Units.
This section provides exceptions to the requirements of this Chapter pursuant to
Government Code Section 66314, as interpreted by the California Department of
Housing and Community Development.
A. Applicability. This section applies to statewide exemption accessory dwelling units
as defined, below. This section shall not be construed as to allow an exceedance
of development standards for any other type or form of accessory dwelling unit. A
parcel eligible for an accessory dwelling unit under Section 21.30.020 (Minimum
Standards for Eligibility) can exercise this section to develop one (1) statewide
exemption accessory dwelling unit. All other accessory dwelling units must adhere
to the standards specified in the remaining sections of this chapter.
B. Defined. A statewide exemption accessory dwelling unit is an attached, detached,
or interior accessory dwelling unit with living area no larger than eight hundred
(800) square feet, with rear and interior side setbacks not less than four (4) feet,
and height not exceeding:
1. Detached accessory dwelling units. Eighteen (18) feet; or
2. Attached or interior accessory dwelling units. Twenty-five (25) feet or the
height limitation of the applicable zoning district, whichever is greater.
C. Exemptions. Statewide exemption accessory dwelling units shall be exempt from
the following development standards and requirements:
1. With proposed or existing primary dwelling. Except as set forth in
subparagraphs 2.a through 2.c below, a statewide exemption accessory
dwelling unit on a lot with a proposed or existing primary dwelling shall be
exempt from all development standards that would otherwise be required
by this Title;
2. Development and objective design standards. The otherwise required (1)
front setback, (2) building separation, (3) floor area ratio, (4) lot coverage,
and (5) open space, and (6) objective design requirements specified by
Section 21.23.030 (Accessory dwelling unit development standards), or (6)
any unit size requirements other than set forth in this section shall not
apply, except as follows:
a. To ensure adequate site visibility for pedestrian and vehicular
safety, a statewide exemption accessory dwelling unit shall not be
constructed or placed within the triangular areas of a property as
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depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences,
walls, lattice and screens).
b. In no circumstance shall a statewide exemption accessory
dwelling unit be placed within an existing sidewalk or public utility
easement.
c. When a statewide exemption accessory dwelling unit is attached
to a primary dwelling unit or to a garage or carport, these
exemptions shall only apply to that portion of the structure that is
occupied by the living area of the accessory dwelling unit.
3. Historic properties. The design and placement requirements specified by
Section 21.23.060 (Special provisions for historic properties) shall not
apply.
4. Tree preservation. The tree preservation requirements of Chapter 21.32
(Tree Protection Regulations) shall not apply when the critical root zone of
a protected tree is located within the building footprint of a statewide
exemption accessory dwelling unit. However, a protected tree may not be
removed until a building permit for the statewide exemption accessory
dwelling unit has been issued.
D. Review. An application for a statewide exemption accessory dwelling unit shall
also be exempt from any requirement for a zoning clearance or separate zoning
review as otherwise required by Section 21.23.080 (Approval process).
E. Restriction. A statewide exemption accessory dwelling unit permitted under this
section shall not be allowed to expand the living area beyond 800 square feet,
except to allow an entry area for ingress and egress no greater than one hundred
fifty square feet. A statewide exemption ADU may only be expanded further if,
and only when, all provisions of this chapter applicable to accessory dwelling units
that do not qualify as a statewide exemption ADU have been fully satisfied.. The
community development director may require recordation of a deed restriction
documenting this restriction.
21.23.030 Accessory Dwelling Unit Development Standards.
An accessory dwelling unit shall be constructed only in accordance with the
following development standards, except as provided by Section 21.23.027 (Special
Provisions for Statewide Exemption Accessory Dwelling Units):
A. General requirements. Creation of an accessory dwelling unit shall comply with all
applicable land use permit, general performance, site development, landscaping,
flood damage prevention, and tree protection standards specified by this Title.
The requirements for accessory structures found in Section 21.36.020 (Accessory
structures) do not apply to accessory dwelling units.
B. Placement. Accessory dwelling units may be located in front of, to the side of,
within, or behind the primary dwelling unit, and shall conform to the setback
standards specified by Tale 3-1.
C. Open space. Except as provided for Statewide Exemption Accessory Dwelling
Units, creation of an accessory dwelling unit shall not reduce the required open
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space to less than that specified by the applicable zoning district and/or area or
neighborhood plan. In the case of a parcel within the P-D (Planned Development)
Zoning District the 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 (Zoning
Districts and General Plan Designations).
D. Floor area ratio and lot coverage. Except as provided for Statewide Exemption
Accessory Dwelling Units, creation of an accessory dwelling unit shall comply with
the maximum floor area ratio and maximum lot coverage as specified by the
applicable zoning district and/or area or neighborhood plan. In the case of a
parcel within the P-D (Planned Development) zoning district the maximum floor
area ratio and maximum lot coverage shall be equal to the standards provided by
the zoning district that directly corresponds to the parcel's General Plan land use
designation as specified by Section 21.04.020, Table 2-1 (Zoning Districts and
General Plan Designations).
E. Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units,
an accessory dwelling unit shall conform to the setback standards specified by
Table 3-1, below:
Table 3-1 — 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 Rear
Street Side 4 feet (3)
Separation from
Primary Dwelling
Unit
If located in front of
the primary dwelling
unit 10 feet
Not applicable If located behind the
primary dwelling unit
If located to the side
of the primary
dwelling unit
5 feet
Separation from
Accessory
Structure(s)
If located in front of
the accessory
structure 10 feet As specified by
Section 21.36.020
(Accessory
structures)
If located behind the
accessory structure
If located to the side
of the accessory
structure
5 feet
Exceptions:
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(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.
(3) In order to ensure adequate site visibility for pedestrian and vehicular safety, in no
circumstance shall an accessory dwelling unit be constructed or placed within the
triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060
(Fences, walls, lattice and screens).
F. Minimum living area. The minimum living area for all accessory dwelling units
shall be one hundred fifty square feet, subject to the restrictions specified by
Health and Safety Code Section 17958.1.
G. Maximum size. An accessory dwelling unit shall conform with the following size
maximums:
1. Detached accessory dwelling units. The maximum floor area for a
detached accessory dwelling unit shall be one thousand two hundred
(1,200) square feet.
2. Attached accessory dwelling units. The maximum living area for an
attached 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 (850) square feet shall be permitted for a
studio or one-bedroom unit, and one thousand (1,000) square feet shall be
permitted for an accessory dwelling unit that provides two or more
bedrooms.
3. Interior accessory dwelling units. There shall be no prescribed size
maximums imposed upon interior accessory dwelling units.
H. Allowable rooms. An accessory dwelling unit shall contain one kitchen facility, as
defined in Chapter 21.72 (Definitions), no more than one living room (defined as a
habitable room with an area not less than one hundred twenty square feet as
described by California Building Code Section 1208.1), and at least one bathroom
with bathing and sanitary facilities.
I. Maximum height and stories. An accessory dwelling unit shall conform with the
following height maximums:
1. Detached accessory dwelling units. Detached accessory dwelling units
shall be permitted up to two stories if the existing or proposed primary
dwelling unit is also two stories. Whether one story or two stories, the
building height of the detached accessory dwelling unit shall not exceed
the building height of the primary dwelling unit, except that a height of
eighteen (18) feet shall be permitted, with an additional two feet in height
permitted if necessary to align the roof pitch with the roof pitch of the
existing or proposed primary dwelling unit. A two-story detached accessory
dwelling may consist of two levels of living area or one level of living area
above a detached garage (with or without ground floor living area).
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2. Attached accessory dwelling units. Attached accessory dwelling units may
be constructed on the first floor of, or as a second floor to, the existing
primary dwelling unit, except that it shall not be constructed above any
portion of an attached garage. The height of an attached accessory
dwelling unit shall not exceed twenty-five (25) feet or that specified by the
applicable zoning district and/or area or neighborhood plan, whichever is
greater.
3. Interior accessory dwelling units. Interior accessory dwelling units may be
created from the existing space of the lawfully constructed primary dwelling
unit, including within its attached/detached garage, basement, first story,
second story, or accessory structure irrespective of existing building height.
J. Parking. Parking for accessory dwelling units shall be provided in compliance with
this section.
1. Parking requirement. No parking spaces are required for creation of an
accessory dwelling unit or junior accessory dwelling unit. Existing parking
spaces that are removed (in whole or in part) to allow for 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.
2. Parking configuration. New parking spaces that are voluntarily created to
serve an accessory dwelling unit or junior accessory dwelling unit shall
satisfy the standards provided by Chapter 21.28 (Parking and loading),
except that such spaces may be created in any configuration on the parcel,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts,
subject to the following standards:
a. Covered parking spaces provided within a new garage or carport shall
satisfy all applicable setback, height, placement, and dimension
standards.
b. Uncovered parking spaces may encroach into a required front yard or
street-side yard setback within an existing or proposed driveway that
satisfies both the surfacing and minimum stall dimensions for a parking
space(s), unless such a configuration is determined not to be feasible
based upon fire and/or life safety conditions present on the parcel.
c. Tandem parking shall be limited to two parking spaces.
d. Mechanical automobile parking lifts shall only be installed within a fully
enclosed garage.
e. Uncovered parking spaces 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.
K. Garage Doors. Accessory dwelling units contained within the existing space of
a garage shall include removal of garage doors which shall be replaced with
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architectural features the same as those of the structure, including the same
wall cladding, building color(s), wainscot, and window frames that remove any
appearance that the structure was originally a garage.
L. Roof Forms and Materials. Attached accessory dwelling shall match the
predominant roof form and roof pitch and incorporate the same roofing material
as the existing structure.
M. Wall Materials. Additions to existing primary dwelling units shall incorporate the
same combination materials as the existing structure.
N. 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.
O. Balconies/Decks. Balconies, second-story decks, and rooftop terraces are
prohibited for all accessory dwelling units.
P. Entrances. All accessory dwelling units shall include exterior access that is
independent from the primary dwelling unit. For an accessory dwelling unit
located entirely on a second story, this shall require a separate interior or
exterior stairway. A passageway from the accessory dwelling unit to a public
street may be created, but shall not be required by the City.
Q. Interior connection. Attached and interior accessory dwelling units may, but
shall not be required, to contain an interior doorway connection between the
primary and accessory dwelling units.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 12—14, 24—26, 28, 8-16-2022)
21.23.040 Junior Accessory Dwelling Unit Development Standards.
In addition to allowable number of accessory dwelling units outlined in section
21.23.022 (Maximum number of accessory dwelling units permitted on single-family
residential properties), one junior accessory dwelling unit may be constructed or created
on a parcel with an existing or proposed single-family dwelling and in accordance with
the following development standards:
A. Maximum floor area. The junior accessory dwelling unit shall not exceed five
hundred (500) square feet in area. The occupied floor area shall be within the
allowable floor area of a primary dwelling, 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).
C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an
efficiency kitchen, as defined in this Chapter
D. Bathroom. Bathroom facilities may be separate from or shared with the primary
dwelling unit or detached accessory dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit or detached
accessory dwelling unit. An interior entry into the main living area of the
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associated primary dwelling unit or detached accessory dwelling unit shall be
provided if the junior accessory dwelling unit does not have a separate
bathroom. The main living area shall mean a living room, family room, or a
hallway leading to the living room or family room of the associated primary
dwelling unit or detached accessory dwelling unit.
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, except as otherwise
required by applicable State Law.. The community development director may
require recordation of a deed restriction documenting this restriction prior to
issuance of a building permit.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 8, 8-16-2022)
21.23.050 Special Provisions for Multi-family Residential Properties.
The following additional 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, except as provided by Section 21.23.027 (Special
Provisions for Statewide Exemption Accessory Dwelling Units):
A. Defined. For the purposes of this section, the terms "multifamily dwelling
structure" and "multifamily dwelling" shall have the same meaning as "Duplex,"
"Triplex," "Fourplex," and "apartment" as defined by Chapter 21.72 (Definitions).
Multiple multifamily dwelling structures located on a single lot shall be
considered collectively as a single multifamily dwelling for the purposes of this
section.
B. Conversion of existing non-living areas. A minimum of one accessory dwelling
unit and up to one accessory dwelling unit for every four dwelling units within an
existing multifamily dwelling structure(s) may be created by the conversion of
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), including an increase in building up to eighteen feet
to allow for dormer(s), shall not be considered an expansion provided that each
such accessory dwelling unit does not exceed eight hundred (800) square feet.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than eight (8) detached accessory dwelling
units may be allowed on a lot with an existing or proposed multi-family dwelling
subject to the standards, requirements, and restrictions of this Chapter. . The
number of allowable detached accessory dwellings units shall not exceed the
number of primary dwelling units on the lot. 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
City Council Ordinance No. Page 12 of 24
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a two-story structure not exceeding the maximum building height specified by
Section 21.23.030.I (Maximum height and stories).
D. Non-conforming setbacks. If the existing multifamily dwelling has a rear or side
setback of less than four feet, the City shall not require any modification of the
existing multifamily dwelling(s) as a condition of approving the application to
construct an accessory dwelling unit that satisfies the requirements of this
section.
E. Housing Development Projects. Accessory dwelling units created in an existing or
proposed housing development project subject to Chapter 21.35 (Housing
Development Regulations) or Chapter 21.39 (Ministerial Approval) shall be
subject to the additional objective requirements provided in the City of Campbell
Multi-Family Development and Design Standards.
(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 16, 8-16-2022)
21.23.060 Special Provisions for Historic Properties.
The following additional requirements and restrictions apply to the creation of
accessory dwelling units on properties listed on the California Register of Historical
Resources, and shall supersede any provision to the contrary within this Chapter, except
as provided by Section 21.23.065 (Special Provisions for Statewide Exemption
Accessory Dwelling Units):
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 eighteen
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 the same wall cladding, trim
detail, roofing material, wainscot, building color(s), window frames/trim and
divisions, and the predominant roof form and roof pitch.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)
.21.23.070 General Requirements and Restrictions.
The following requirements and restrictions apply to all existing and new accessory
dwelling units and junior accessory dwelling units, as applicable:
A. Short-term rentals. Leases for durations of less than thirty days, including short-
term rentals are prohibited..
B. Non-conforming zoning conditions. The City shall not require the correction of
nonconforming zoning conditions to allow creation of an accessory dwelling unit
or a junior accessory dwelling unit nor use the existence of non-conforming
City Council Ordinance No. Page 13 of 24
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zoning conditions as a basis to deny a permit for an accessory dwelling unit or a
junior accessory dwelling unit.
C. Existing violations. The City shall not deny an application for a permit to create
an accessory dwelling unit or a junior accessory dwelling unit due to existing
building code violations, including the presence of unpermitted structure(s) that
are not affected by the construction of the accessory dwelling unit, junior
accessory dwelling unit, unless such violations present a threat to public health
and safety as determined by the building official.
D. Subdivision and sales. Except as provided as for by Government Code Section
66341, and as may be allowed by Chapter 20.14 (Urban Lot Splits), no
subdivision of land or air rights shall be allowed, including the creation of a
stock cooperative or similar common interest ownership arrangement. In no
instance shall an accessory dwelling unit or junior accessory dwelling unit be
sold or otherwise conveyed separate from the primary dwelling unit.
E. Park impact fee. A fee in-lieu of parkland dedication land for an accessory
dwelling unit shall be paid in compliance with Chapter 13.08 (Park Impact Fees)
in compliance with Government Code Section 66324.
F. Building and fire code. Accessory dwelling units and junior accessory dwelling
units shall comply with all applicable Building and Fire Codes as adopted in
Title 18 (Building Codes and Regulations) and Title 17 (Fire Protection),
respectively, except that the Building Official and Fire Chief shall not require
installation of fire sprinklers for an accessory dwelling unit if they would
otherwise not be required for the primary dwelling unit nor shall the creation of
an accessory dwelling unit require installation of fire sprinklers in the primary
dwelling unit.
Construction of an accessory dwelling unit shall not constitute a Group R
occupancy change under the building code, as described in Section 310 of the
California Building Code (Title 24 of the California Code of Regulations), unless
the building official makes a written finding based on substantial evidence in the
record that the construction of the accessory dwelling unit could have a specific,
adverse impact on public health and safety. This limitation shall not preclude
the building official from requiring a change of occupancy for an unhabitable
space or a space only permitted for nonresidential use that is proposed to be
converted to an accessory dwelling unit and junior accessory dwelling unit.
G. Certificates of occupancy. A certificate of occupancy for an accessory dwelling
unit shall not be issued before a certificate of occupancy is issued for the
primary dwelling unit.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.080 Approval Process.
The following procedures govern the review of proposed accessory dwelling units
and junior accessory dwelling units consistent with the provisions of this Chapter.
A. Ministerial review. The City shall either approve or deny concurrent applications
for a building permit in compliance with Title 18 (Building Code) and a Zoning
Clearance in compliance with Chapter 21.40 (Zoning clearances), for an
City Council Ordinance No. Page 14 of 24
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accessory dwelling unit or junior accessory dwelling unit within sixty days of
submittal of a complete building permit application. If the permit application to
create an accessory dwelling unit or junior accessory dwelling unit is submitted in
conjunction with a permit application to create a new single-family dwelling unit or
multifamily dwelling on the same lot, the City may delay approving or denying the
permit application until the City acts on the permit application to create the new
single-family dwelling unit or multifamily dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall still be considered
ministerially without discretionary review or a public hearing. A simple depiction of
an accessory dwelling unit or junior accessory dwelling unit on a site plan
submitted for an application for a new single-family dwelling unit or multifamily
dwelling shall not be construed as subjecting the accessory dwelling unit or junior
accessory dwelling unit to discretionary review or a public hearing.
B. Other land use permits. Notwithstanding the foregoing, and except as provided in
Section 21.23.27(Statewide Exemption Accessory Dwelling Units), 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 21.07 (Housing development regulations) 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 sixty-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.
C. Garage demolition. A demolition permit for a detached garage that is to be
replaced with or converted to an accessory dwelling unit be reviewed with the
application for the accessory dwelling unit and issued at the same time.
D. Denial. If the City denies an application for a building permit and/or Zoning
Clearance for an accessory dwelling unit or junior accessory dwelling prior to the
conclusion of the sixty-day review period, the City shall return in writing a full set
of comments to the applicant with a list of items that are defective or deficient and
a description of how the application can be remedied by the applicant.
E. Failure to act. If the City fails to approve or deny an application for building permit
and/or Zoning Clearance for an accessory dwelling unit or junior accessory
dwelling prior to the conclusion of the sixty-day review period, the application shall
be deemed approved.
F. Appeals. Denial of a permit on the basis of a health and safety matter where
authorized by this Chapter may be appealed to the Building Board of Appeals
pursuant to Chapter 2.37 (Building Board of Appeals).
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 17, 8-16-2022)
21.23.090 Development Policy.
A single-family residential subdivision (inclusive of detached single-family homes
and/or townhomes) resulting in five or more parcels, exclusive of commonly-held
parcels, subject to Chapter 21.07 (Housing development regulations) or Chapter 21.39
(Ministerial Approval), shall be subject to the following requirements:
City Council Ordinance No. Page 15 of 24
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A. Requirement. Twenty percent of the parcels shall be developed with a primary
dwelling unit that is designed to allow for future creation of an interior accessory
dwelling unit. This shall be accomplished through a floor plan configuration that
allows for logical segmentation of an accessory dwelling unit from the existing
living area and pre-installation of electrical, domestic water, and sanitation
utilities necessary to accommodate a future bathroom and kitchen to serve an
accessory dwelling unit.
B. Alternative. In-lieu of the aforementioned requirement, twenty percent of the
parcels may be developed with an accessory dwelling unit, to be constructed
concurrently with the primary dwelling units. If the requirement of sub-section A
is determined not to be an "objective standard" as defined by the California
Government Code and therefore unenforceable, the alternative identified by this
subsection, requiring the creation of the accessory dwelling unit(s), shall instead
become the requirement applied to the project subject to this section.
C. Implementation. Conditions to carry out the requirement of this section shall be
imposed on approval of the tentative map if a land use permit(s) for the creation
primary dwelling units is not required. If a land use permit(s) for the creation of
primary dwelling units is required in association with a tentative map, the
applicant shall demonstrate compliance prior to the application being accepted
as complete pursuant to Section 21.38.040.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.100 Unpermitted Accessory Dwelling Units
This section provides a mechanism to legalize unpermitted accessory dwelling in
compliance with Government Code Sections 66322(b), 66323(b) and 66336.
A. Applicability. This section applies to accessory dwelling units and junior accessory
dwelling units that were unlawfully constructed prior to January 1, 2020 , and that
have not been deemed substandard pursuant to Section 17920.3 of the Health
and Safety Code by the building official. The community development director
may determine construction date by any credible means warranted, including use
of aerial photography, county records, photographs, and signed affidavits.
B. Defined. An unpermitted accessory dwelling unit means a dwelling unit that was
created through the construction of a new structure or expansion of an existing
structure without the benefit of a building permit (at a time when a building permit
was required) and that cannot be otherwise legalized because it does not comply
with development standards provided in this Chapter.
C. Relief. The City shall not deny a permit to legalize an unpermitted accessory
dwelling solely due to non-compliance with the development standards of this
Chapter, including limits on the maximum number of allowable accessory dwelling
units. All other requirements and restrictions provided in Section 21.23.070
General Requirements and Restrictions) shall continue to apply.
D. Approval. An unpermitted accessory dwelling unit may be legalized in compliance
with Section 21.23.080 (Approval Process).
E. Restriction. An accessory dwelling unit authorized under this section shall not be
added to or enlarged in a manner that continues an existing nonconforming
City Council Ordinance No. Page 16 of 24
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setback as otherwise allowed for nonconforming structures provided in Section
21.58.050.F (Exceptions). Any expansion of the accessory dwelling unit shall
conform to all applicable development standards specified by Section 21.23.030
(Accessory Dwelling Unit Development Standards).
F. Enforcement. A property owner who makes known to the City the existence of an
unpermitted accessory dwelling unit but who fails to obtain or finalize a building
permit or to secure a delay in enforcement pursuant to Chapter 18.30 (Delayed
Enforcement), shall be subject to penalties as specified by Chapter 21.70
(Enforcement).
Exception. The City may deny a permit to legalize an unpermitted accessory
dwelling unit and instead require correction of the violation(s) if the
building official makes a finding that correcting the violation(s) is
necessary to comply with the standards specified in Section 17920.3 of
the Health and Safety Code.21.23.110 Incentives and Promotion.
Within the time period that may be prescribed by the Department of Housing and
Community Development, the City Council, by resolution, shall develop a plan that
incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low-,
low-, or moderate-income households.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.115 Severability.
If at any time the California Department of Housing and Community Development
submits to the City written findings pursuant to Government Code 666326 (a) identifying
certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of this Chapter
do not comply with State law, then those specific section(s), subsection(s), sentence(s),
clause(s), and/or phrase(s) shall no longer be in effect, such that this Chapter shall
maintain its consistency with Government Code 66314 and not subject to nullification as
provided for Government Code 66316. The City Council hereby declares that it would
have passed adopted this Chapter and each and every section, subsection, sentence,
clause, or phrase not declared not in compliance with the California Government Code
without regard to whether any portion of this Chapter would be subsequently declared
non-complaint.
21.23.120 Definitions.
In addition to the terms defined by Chapter 21.72 (Definitions), the following terms
shall have the following meanings as used in this Chapter:
"Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot as defined in Section 21.72.020.A.
"Accessory dwelling unit" (ADU) means a dwelling unit ancillary to a primary
dwelling unit which provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the primary dwelling unit or multifamily dwelling is or will be situated. An
accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of
City Council Ordinance No. Page 17 of 24
PLN-2024-144 – ADU Ordinance
the Health and Safety Code, and a manufactured home, as defined in Section 18007 of
the Health and Safety Code. This Chapter recognizes three types of accessory dwelling
units as defined below. Where a proposed accessory dwelling unit does not clearly fall
into one of the defined types, the community development director shall make a
determination pursuant to Section 21.02.030 (Procedures for interpretations).
1. "Attached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a physical expansion (i.e., addition) of an existing primary
dwelling unit, including construction of a new basement underneath a primary
dwelling unit to accommodate an accessory dwelling unit.
Figure 3.6(a)
Attached accessory dwelling unit
2. "Detached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a separate structure from the primary dwelling unit.
Figure 3.6(b)
Detached accessory dwelling unit
3. "Interior accessory dwelling unit" means an accessory dwelling unit that is: (1)
contained within the existing space of a primary dwelling unit, including within
its living area, basement, or attached garage; (2) constructed as part of a
proposed primary dwelling unit; (3) created from non-livable space of a
multifamily dwelling; or (4) contained within the existing space of an accessory
structure (as defined herein).
City Council Ordinance No. Page 18 of 24
PLN-2024-144 – ADU Ordinance
Figure 3.6(c)
Interior accessory dwelling unit
"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section
22507.1(d).
"Complete building permit application" means an application for a building permit
that has been accepted for review by the City, comprising all required drawings, details,
and calculations as specified by the applicable application checklist, including those
necessary to determine the appropriate scope of work pursuant to Chapter 18.32
(Determination of scope of work), and remittance of plan review fees.
"Contained within the existing space" means conversion of a lawfully constructed
structure's existing floor area to create an accessory dwelling unit.
"Conversion" or "convert(ed)" means to remodel a legally constructed structure to an
accessory dwelling unit or to construct a new accessory dwelling unit in the same
location and to the same dimensions as an existing accessory structure.
"Driveway" means a paved access way as defined in Section 21.72.020.D, including
a paved area reserved or created for the purpose of satisfying a parking requirement of
this Chapter.
"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.
"
"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. A junior accessory dwelling unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
“Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable floor area of a dwelling unit, including
conditioned basements and attics, but not garages or other uninhabitable space, as
measured to the outside surface of exterior walls. "Floor area" means the total horizontal
floor area in square feet of a detached accessory dwelling unit as measured to the
outside surface of exterior walls of the structure, including the living area, unconditioned
basements, and any other unconditioned rooms, excluding attached garages.
City Council Ordinance No. Page 19 of 24
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"Passageway" means a pathway that is unobstructed to the sky and extends from a
street to the entrance of an accessory dwelling unit.
"Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures, and as further defined in Section
21.25.030.
"Short term rental" means use of a residential property for lodging purposes as
defined by Government Code Section 19822.4(1).
"Story" means the portion of a building as defined in Section 21.72.020.S, including
a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles
are parked on a driveway or in any other location on a lot, lined up behind one another.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 10, 11, 8-16-2022)
SECTION 4 (REVISIONS – TREE PROTECTION): Campbell Municipal Code Section
21.32.060 (Exemptions) is amended to add a new subsection 'G,' as follows with
underlining indicating new text:
G. Exempt Accessory Dwelling Units. Trees required to be removed in association with
the construction aof statewide exemption accessory dwelling units in compliance with
Section 21.23.027.C.3 (Tree preservation).
SECTION 5 (REVISIONS – TWO-UNIT DEVELOPMENT): Section 21.25.080.A
(Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set
forth. Additions are indicated by underlined text and deletions are indicated by
strikethrough (strikethrough) text.
A. Accessory Dwelling Units. In addition to the two primary dwelling units
comprising a proposed housing development, accessory dwelling units may be
allowed in compliance 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:
SECTION 6 (REVISIONS – RESIDENTIAL DISTRICTS): Section 21.08.050
(Residential development standards) of the Campbell Municipal Code is hereby
amended as set forth. Additions are indicated by underlined text and deletions are
indicated by strikethrough (strikethrough) text.
Table 2-4
General Development Standards – Residential Districts
City Council Ordinance No. Page 20 of 24
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Development Standard Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
Maximum Floor Area
Ratio (FAR)
.45 (1) See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified
form-based zone.
(3) (4)
N/A
Maximum Lot Coverage 40% N/A
Minimum Useable Open
Space 750 sq. ft. N/A
Minimum Setbacks
Front 20 ft.
See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified
form-based zone.
(3) (4)
N/A
Side (each) 5 ft. (2) N/A
Street Side (where
applicable) 12 ft. N/A
Rear 5 ft. (2) N/A
Parking Structure or
Garage to Public Right of
Way
25 ft. N/A
Maximum Height and Stories
Main Structure Maximum
Height 35 ft.
See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified
form-based zone.
(3) (4)
N/A
Main Structure Maximum
Stories 2 ½ stories
Homes
shall
not
exceed
one
story
Distance Between Non-Accessory Structures on the Same Lot
Minimum Separation
Required
The distance
equal to the
taller of the two
structures.
See CMC 21.07 – Multi-Family
Development and Design
Regulations for the specified
form-based zone.
(3) (4)
N/A
(1) The Planning Commission may approve a F.A.R. of up to 0.50 with approval of
a site and architectural review permit when it makes both of the following
findings:
a. The perceived scale and mass of the home is compatible with the
adjacent homes and the homes in the surrounding area.
b. The home minimizes the use of design features that make it appear
significantly larger than the adjacent homes and the homes in the
surrounding area.
(2) A minimum of the setback indicated or one-half (½) the building wall height
adjacent to the side or rear property line, whichever is greater. The Planning
Commission may allow a minimum side setback of five (5) feet for structures
proposed for a second story addition, when it makes both of the following
findings:
City Council Ordinance No. Page 21 of 24
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a. The side setback would not be detrimental to the health, safety, peace,
comfort or general welfare of persons in the neighborhood, or the city
as a whole; and
b. The side setback would not unreasonably interfere with the ability of
adjoining property owners to enjoy access to air, privacy, sunlight, and
the quiet enjoyment of the owner's property.
(3) Notwithstanding any provision to the contrary, the maximum FAR for a
housing development project consisting of three (3) to seven (7) units shall not
be less than 1.0, and the maximum FAR of a housing development project
consisting of eight (8) to ten (10) units shall not be less than 1.25, when the
following conditions are met:
a. The housing development project consists of at least 3, but not more
than 10, units.
b. The housing development project is not located in any of the following:
i. A property with a single-family zoning or land use designation;
ii. A historic district property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public
Resource Code; and
iii. Within a site that is designated or listed as a city or county
landmark or historic property or district.
(4) Exception. Notwithstanding Note #3, the development standards for structures
not otherwise subject to the Multi Family Development and Design Standards
established by Chapter 21.07, shall be the same as those development
standards applicable to the R-1 zoning district, except that the minimum
usable open space shall be 300 square feet per dwelling unit, the LMDR zone
shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR
zones shall have a maximum floor area ratio of 55%. Further, the MHDR and
HDR zones shall be permitted to build up to 3-stories and 40-feet in height.
Section 7. If any section, sentence, clause, phrase, word, or other provision of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such
holding shall not affect the validity of the remaining sections, sentences, clauses,
phrases, words or other provisions of this Ordinance, or the validity of this Ordinance,
shall stand notwithstanding the invalidity of any section, sentence, clause, phrase,
word or other provision.
Section 8. The proposed Ordinance is exempt from the California Environmental
Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17, which
exempts the adoption of an ordinance by a city or county to implement the provisions
of Section 65852.1 or Article 2 (commencing with Section 66314) of Chapter 13 of
Division 1 of Title 7 of the Government Code relating to the construction of accessory
dwelling units;
Section 9. The City Council further finds and determines that the proposed
Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan.
City Council Ordinance No. Page 22 of 24
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Section 10. That this Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, or summary thereof, one time within
fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper
of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2024, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
Reso. 4722 - ADU Ordinance
Final Audit Report 2024-11-08
Created:2024-11-07
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAmATQpY7gXdGsDuJOA--8uaQxyBv8svBK
"Reso. 4722 - ADU Ordinance" History
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2024-11-07 - 8:05:04 PM GMT
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