CC Ordinance 2216Ordinance No. 2216
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REPLACING CAMPBELL MUNICIPAL CODE SECTION 21.36.200 (SECONDARY
DWELLING UNITS) WITH NEW CHAPTER 21.23 (ACCESSORY DWELLING UNITS)
AND AMENDING VARIOUS OTHER SECTIONS OF THE CAMPBELL MUNICIPAL
CODE TO ACHIEVE CONSISTENCY WITH CALIFORNIA SENATE BILL 1069
(WEICKOWSKI) AND ASSEMBLY BILL 2299 (BLOOM) PERTAINING TO THE
CONSTRUCTION OF ACCESSORY DWELLING UNITS. FILE NO: PLN2016-335
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of
Campbell does ordain as follows:
SECTION 1. The City Council finds and determines that the adoption of this ordinance,
which is intended to modify existing local regulatory requirements to be consistent with
State law, is exempt from the California Environmental Quality Act (CEQA) pursuant to
Guideline Section 15061(b)(3) in that construction of accessory dwelling units on
presently developed properties within the community has no potential to cause a
significant effect on the environment.
SECTION 2. The City Council further finds and determines that the proposed ordinance
is consistent with the goals, policies, and actions of the General Plan; 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 acid determines that adoption of this
ordinance is consistent with the mandatory provisions of Senate Bill 1069 (Wieckowski)
and Assembly Bill 2299 (Bloom), while maintaining locally appropriate standards for the
construction and occupancy of accessory dwelling units.
SECTION 4. The City Council further finds and determines that the purpose of
permitting accessory dwelling units is to allow more efficient use of the City's existing
housing stock and to provide the opportunity for the development of small rental
housing units designed to meet the special long-term housing needs of individuals and
families, while preserving the integrity of single-family neighborhoods.
SECTION 5. Deletion of Current Secondary Dwelling Unit Provisions: Campbell
Municipal Code Section 21.36.200 (Secondary dwelling units) is hereby deleted in its
entirety from the Campbell Municipal Code.
SECTION 6. Adopting of Accessory Dwelling Unit Chapter: New Chapter 21.23
(Accessory Dwelling Units) is hereby added to Article 3 (Development and Operational
Standards) of Title 21 (Zoning Code) of the Campbell Municipal Code:
CHAPTER 21.23 (ACCESSORY DWELLING UNITS)
21.23.010 -Purpose
This Chapter provides for the establishment of accessory dwelling units in
compliance with Article 2 (Zoning Districts). The purpose of permitting accessory
dwelling units is to allow more efficient use of the City's existing housing stock and to
provide the opportunity for the development of small rental housing units designed to
meet the special long-term housing needs of individuals and families, while preserving
the integrity of single-family neighborhoods.
21.23.020 -Definitions
In addition to the terms defined by Article 6 (Definitions), the following terms shall
have the following meanings as used in this Chapter:
"Accessory dwelling unit" means a dwelling unit ancillary to a primary dwelling
unit which provides complete independent living facilities for one or more persons. It
shall include permanent provisions for living, sleeping, eating, cooking, laundry, and
sanitation on the same parcel as the primary dwelling unit is situated. An accessory
dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health
and Safety Code, and a manufactured home, as defined in Section 18007 of the Health
and Safety Code.
"Attached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a physical expansion (i.e., addition) of a primary dwelling unit, and also
includes an existing garage attached to a primary dwelling unit that is legally converted
(fully or partially) to an accessory dwelling unit and construction of a new basement
underneath a primary dwelling unit to accommodate an accessory dwelling unit.
"Detached accessory dwelling unit" means an accessory dwelling unit that is
constructed as a separate structure from the primary dwelling unit, and also includes an
existing garage detached from the primary dwelling unit that is legally converted (fully or
.partially) to an accessory dwelling unit.
"Interior accessory dwelling unit" means an accessory dwelling unit that is legally
created entirely within the existing living area of a primary dwelling unit, including within
an existing basement.
"Complete building permit application" means an application for a building permit
that has been cleared for issuance by all reviewing departments and which the Building
Official has determined may be issued to an appropriate individual upon. payment of the
necessary fees.
"Existing garage" means a legally constructed attached or detached garage that
is in existence and/or granted a certificate of occupancy prior to January 1, 2017.
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"Existing living area" means the legally constructed living area of a primary
dwelling unit that is in existence and/or granted a certificate of occupancy prior to
January 1, 2017.
"Living area" means the interior habitable floor area of a dwelling unit, including
conditioned basements and attics, but not garages or other accessory structures, as
measured to the outside surface of exterior walls.
"Floorspace" means the gross floor area of a detached accessory dwelling unit
as measured to the outside surface of exterior walls, including its living area and
basement area whether conditioned or unconditioned.
"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 one of the existing light rail passenger terminals located
within the City of Campbell (i.e., Hamilton Station, Downtown Campbell Station, and
Winchester Station).
21.23.030 -Minimum Standards for Eligibility
An accessory dwelling unit may only be constructed on parcels satisfying the
following minimum standards:
A. Zoning district. A parcel located within an R-1 (Single-Family Residential) Zoning
District.
B. Existing primary dwelling unit. A parcel that is presently developed with one
primary dwelling unit. An accessory dwelling unit may not be constructed on a
parcel without a primary dwelling unit or which is developed with more than one
primary dwelling unit.
C. Minimum lot size. A parcel with a net lot area of 10.,000 square feet or greater,
inclusive of any public or private easements except for easements that establish
a private street, subject to the living area or floorspace limitations specified by
Table 3-1(a). The community development director may require preparation of a
survey to verify the parcel size.
Table 3-11a1 -Minimum Lot Size by Living Area or Floorspace
Minimum Net Lot Area Maximum Floorspace or Living Area
10,000-10,999 sq . ft. 700 s . ft.
11,000-11,999 sq . ft. 800 sq. ft.
12,000-12,999 sq . ft. 900 sq. ft.
13,000-13,999 sq . ft. 1,000 sq. ft.
14,000-14,999 s .ft. 1,100 s .ft.
15,000 s . ft. or reater 1,200 s . ft.
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D. Compliant parking. A parcel that is presently developed with the minimum
number of parking spaces required for a primary dwelling unit (1 covered and 1
uncovered) or which will be developed with the required number parking spaces
in conjunction with the creation of an accessory dwelling unit.
21.23.040 -Development Standards
An accessory dwelling unit may only be constructed in accordance with the following
development standards:
A. General requirements. Except as otherwise specified by this Chapter, all
accessory dwelling units shall satisfy the requirements applicable to a primary
dwelling unit, including required yards, building height, distance between
buildings, setbacks, floor area ratio, and lot coverage standards, as specified by
the zoning district and/or area or neighborhood plan in which the parcel is
located, as well as all applicable general pertormance, site development,
landscaping, and parking standards (including those specified by Section
21.23.040.H). The requirements for accessory structures found in Section
21.36.020 (Accessory structures) do not apply to accessory dwelling units.
B. Existing garages. An existing garage that is fully (not partially) converted to an
accessory dwelling unit is subject to all provisions of this Chapter except that no
additional setback from property lines or to other existing structures shall be
required, provided that the existing garage is not expanded. Any expansion of the
structure shall comply with applicable setback requirements and shall not be
permitted to exercise the setback exception for non-conforming structures
provided for in Section 21.58.050.E (Exceptions).
C. Maximum size. The maximum floorspace for a detached accessory dwelling unit
and the maximum living area for an attached or interior accessory dwelling unit
shall be as specified in Section 21.21.030.C, Table 3-1(a), except that in no case
shall the living area for an attached or interior accessory dwelling unit exceed fifty
percent of the existing living area of the primary dwelling unit.
D. Maximum height and stories. A detached accessory dwelling unit shall be a
maximum of fourteen feet in height and not exceed one story. An attached or
interior accessory dwelling unit shall be limited to the ground floor or the
basement of the primary dwelling unit.
E. Allowable rooms. Accessory dwelling units shall include no more than two
bedrooms and two bathrooms. In no case shall an accessory dwelling unit
include more than one kitchen.
F. Design. A detached accessory dwelling unit shall be constructed to incorporate
the same or similar building materials and colors as the primary dwelling unit,
except for manufactured homes which shall be required to incorporate only the
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same or similar building colors as the primary dwelling unit. Attached or interior
accessory dwelling units shall maintain the appearance of the primary dwelling
unit as that of asingle-family dwelling. Garages that are converted to accessory
dwelling units shall include removal of garage doors which shall be replaced with
architectural features, including walls, doors, windows, trim and accent details
that remove any appearance that the structure was originally a garage.
G. Entrances. An accessory dwelling unit shall include separate exterior access
from the primary dwelling unit and may include an interior connection. However,
the front door of an accessory dwelling unit shall not be oriented towards a public
street. A passageway from the accessory dwelling unit to a public street may be
created, but shall not be required by the City.
H. Parking. Off-street parking for accessory dwelling units, in addition to those
parking spaces required for the primary dwelling unit (1 covered space and 1
uncovered space), shall be provided in compliance with the following provisions.
1. Number of parking spaces required.
a. No additional parking shall be required for interior accessory
dwelling units.
b. Attached and detached accessory dwelling units shall provide one
parking space (covered or uncovered) per bedroom provided that
any existing parking spaces that are removed by conversion of an
existing garage shall be replaced concurrently with creation of the
accessory dwelling unit.
2. Parking configuration. Required and replacement covered parking spaces
created by construction of a carport or garage and replacement uncovered
spaces shall comply with all applicable development standards.
Uncovered parking spaces required for an accessory dwelling unit may
encroach into a required front-yard or street-side yard setback within an
existing driveway that satisfies the minimum stall dimensions for a
residential parking space, unless such a configuration is determined not to
be feasible based upon fire and/or life safety conditions present on the
property. Such a determination may be appealed as an interpretation of
this Code in compliance with Section 21.02.030 (Procedures for
interpretations).
3. Demolition of an existing garage. When an existing garage (or carport) is
demolished in conjunction with the construction of an accessory dwelling
unit, any required parking spaces contained within the garage (or carport)
shall be replaced concurrently with, creation of the accessory dwelling unit.
The replacement spaces shall comply with all applicable development
standards except that the replacement spaces may be located in any
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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.
4. Exception to parking requirement. The parking requirement for an
attached and detached accessory dwelling unit shall not apply in the
following instances, which shall allow creation,of an attached or detached
accessory dwelling unit without provision of additional parking.
a. The accessory dwelling unit is located on a parcel within a
traversable distance of one-half mile of public transit.
b. The accessory dwelling unit is located on a parcel within a
designated historic district.
c. The accessory dwelling unit is located within the boundaries of a
permanent residential parking permit program, and where the City
does not offer parking permits to the occupant(s) of the accessory
dwelling unit.
d. The accessory dwelling unit is located on a parcel within one block of
a City-licensed car-share vehicle (as defined by the California Vehicle
Code).
21.23.050 -General Requirements and Restrictions
The following requirements and restrictions apply to all existing and new accessory
dwelling units:
A. Rentals. No more than one dwelling unit on the parcel, either the accessory
dwelling unit or the primary dwelling unit, shall be leased or otherwise rented.
Leases for durations of less than thirty (30) days, including short-term rentals (as
defined by the California Government Code) are prohibited. The community
development director shall require recordation of a deed restriction documenting
these restrictions.
B. Subdivision and sales. No subdivision of land or air rights shall be allowed,
including creation of a stock cooperative or similar common interest ownership
arrangement.
C. Park impact fee. A fee in-lieu of parkland dedication land shall be paid in
compliance with Chapter 13.08 (Park Impact Fees).
D. Building code. Accessory dwelling units shall comply with all applicable Building
and Fire Codes as appropriate, except that the Building Official shall not require
installation of fire sprinklers for an interior accessory dwelling unit if they would
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otherwise not be required for the primary dwelling unit, except if the creation of
the accessory dwelling unit would result in creation of a "new dwelling using
portions of the origirial structure" pursuant to Chapter 18.32 (Determination of
scope of work).
E. Utilities. The Building .Official shall coordinate with local utility agencies to ensure
that accessory dwelling units are not considered new residential uses for the
purpose of calculating local agency connection fees or capacity charges for
utilities, including water and sewer services.
21.23.060 -Approval Process
The City shall issue a building permit for an accessory dwelling unit that is
consistent with the provisions of this Chapter, as determined by issuance of a Zoning
Clearance, within one hundred and twenty (120) days of submittal of a complete
building permit application. However, physical expansion (i.e., addition) or exterior
alteration to an existing primary dwelling unit located on a parcel that is subject to
design review pursuant to Chapter 21.42 (Site and architectural review) or Chapter
21.33 (Historic preservation) shall first receive approval of the appropriate land use
permit prior to a submittal of a building permit application for an accessory dwelling unit.
SECTION 7. Utility Meters: Campbell Municipal Code Section 18.20.030 (Utility meters)
is amended to read as follows with underlining indicating new text and strikeouts
(~«•~at) indicating deleted text:
18.20.030 -Utility meters.
No parcel or lot located in an R-1 zoning district shall have more than one utility meter
for each utility servicing the parcel or lot.
Exception: When necessary for installation of residential photo-voltaic battery storage
systems, an additional utility electrical meter is allowed. This meter shall be used only in
conjunction with aphoto-voltaic system and shall not be used for providing power to an
accessory dwelling unit.
SECTION 8. Accessory Structures: Campbell Municipal Code Section 21.36.020.A
(Living quarters prohibited) is amended to read as follows with underlining indicating
new text and strikeouts (~~«.~Qt) indicating deleted text:
A. Living quarters prohibited. An accessory structure shall not include sleeping quarters
or a kitchen. The number of allowed plumbing fixtures shall be limited to two fixtures
and may only include a toilet, sink, hot water heater or washing machine connection.
Enclosed workshops with separate entrances are not allowed. Workshops with partial
bathrooms must be open to the rest of the structure by at least asix-foot opening. The
community development director may 'require the recordation of a deed restriction
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stating that the structure will not be used as a dwelling unit. An accessory dwelling unit
may be approved in compliance with Chapter 21.23 (Accessory Dwelling Units)
SECTION 9. Utility Undergrounding: Campbell Municipal Code Section 21.18.140.6.1.e
is amended to read as follows with underlining indicating new text and strikeouts
(strikeeut) indicating deleted text:
e. An addition to an existing single-family dwelling that within afive-year period
adds and/or replaces fifty percent or more to the dwelling's gross floor area except when
located along a residential collector street. Existing and/or new detached garages,
accessory dwelling units, and other fully enclosed accessory structures shall be
considered in this section; and
SECTION 10. R-1 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.030.6 (Permitted uses in R-1 (Single-family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (°`~'~at) indicating
deleted text:
B. Permitted uses in R-1 (Single-family) zoning district. The following uses are
permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning
Clearances):
1. Accessory structures;
2. Accessory dwelling units;
3. Family child day care homes, small;
4. Garage/yard sales, private;
5. Groundwater recharge facilities;
6. Hobby car restoration;
7. Home occupations;
8. Manufactured housing (subject to architectural requirements within the
parameters of State Law);
9. Parks, public;
10. Residential care homes, small;
11. Residential service facilities, small;
12.Satellite television or personal Internet broadband dishes/antenna (less than
three feet in diameter);
13. Schools - K-12, public;
14.Single-family dwellings;
15. Supportive housing;
16. Transitional housing.
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SECTION 11. Parking Requirements by Land Use (Table 3-1 ), Deletion of Secondary
Dwelling Unit Requirement: Campbell Municipal Code Section 21.28.040, Table 3-1
(Parking Requirement by Land Use) is amended to read as follows with underlining
indicating new text and strikeouts (~+~~at) indicating deleted text, with the remainder
of the table remaining unchanged, except as amended by Section 12:
~, Caretaker and employee housing 2 spaces per unit, 1 of which must
be covered.
SECTION 12. Parking Requirements by Land Use (Table 3-1), Addition of Accessory
Dwelling Unit Requirement: Campbell Municipal Code Section 21.28.040, Table 3-1
(Parking Requirement by Land Use) is amended to insert the following row for
"Accessory Dwelling Unit" before the row for "Child day care homes, large," with
underlining indicating new text, with the remainder of the table remaining unchanged,
except as amended by Section 11:
Accessory dwelling units As specified by Section 21.23.040.H
(Parking)
SECTION 13. Secondary Dwelling Unit Definition: Subsection S (DEFINITIONS, "S.")
of Campbell Municipal Code Section 21.72.020 (Definitions of specialized terms and
phrases) is amended to delete the definition of "secondary dwelling unit".
SECTION 14. Exception to Street Improvement Requirement: Campbell Municipal Code
section 11.24.180.D is amended to read as follows with underlining indicating new text
and strikeouts (~+~eat) indicating deleted text:
D. Additions, alterations or repairs to any existing residential structure, including
construction of an accessory dwelling unit, within afive-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 df 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 14: This Ordinance shall become effective thirty (30) days following its
passage and adoption and shall be published, one time within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general circulation in
the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 12th day of December, 2016 by the following roll call
vote:
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AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
J s n T. Baker, Mayor
ATTEST:
Wendy od, City Clerk
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