PC Res 4409RESOLUTION NO. 4409
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL DENYING AN APPEAL (PLN2017-
210) OF THE COMMUNITY DEVELOPMENT DIRECTOR'S
INTERPRETATION OF THE ACCESSORY DWELLING UNIT
(ADU) ORDINANCE (CMC CH. 21.23) AS APPLIED TO A
PROPOSED CONVERSION OF AN EXISTING ACCESSORY
STRUCTURE TO AN ACCESSORY DWELLING UNIT, ON
PROPERTY LOCATED AT 1363 G~-RRI DRIVE.
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 Planning Commission did find as
follows with respect to file number PLN2017-210:
1. On December 12, 2016, the City Council adopted Ordinance No. 2216, approving a
Zoning Code Amendment (PLN2016-335) to replace Campbell Municipal Code
(CMC) Section 21.36.200 (Secondary dwelling units) with new Chapter 21.23
(Accessory Dwelling Units) and to amend various other sections of the Campbell
Municipal Code to achieve consistency with California Senate Bill 1069 (Wieckowski)
and Assembly Bill 2299 (Bloom) pertaining to the construction of accessory dwelling
units.
2. In adopting Ordinance No. 2216, the City Council found that the new CMC Chapter
21.23 (Accessory Dwelling Units) was 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.
3. As required by the Senate Bill 1069 (Wieckowski) and Assembly Bill 2299 (Bloom),
CMC Chapter 21.23 (Accessory Dwelling Units) allows an existing garage to be
converted to an accessory dwelling unit subject to all applicable provisions, except
that no additional setback from property lines or to other existing structures shall be
required.
4. An "existing garage" is defined by CMC Chapter 21.23 (Accessory Dwelling Units)
as "a legally constructed attached or detached garage that is in existence and/or
granted a certificate of occupancy prior to January 1, 2017." A "garage" is further
defined by CMC Chapter 21.72 (Definitions) as "an accessory building or portion of
the main building designed for the shelter or storage of automobiles having a
permanent roof and enclosed on all sides."
5. In context of "garage conversions" as permitted by the aforementioned State
legislation and more specifically by CMC Sec. 21.23.040.6 (Existing garages), the
Community Development Director has interpreted the term "existing garage" to
Planning Commission Resolution No. 4409
PLN2017-210 1363 Capri Drive -'Appeal
Page 2
mean a structure that is entirely designed to store vehicles, consistent with the CMC
definition of "garage," pursuant to CMC Chapter 21.02 (Interpretation of provisions).
6. The Community Development Director, therefore, determined that a garage that also
incorporates a workshop, storage room, or other secondary use is not an "existing
garage," and is not eligible to exercise the "garage conversion" provisions of CMC
Sec. 21.23.040.6 (Existing garages).
7. The Community Development Director further determined that a structure must not
only be entirely designed to store vehicles to be considered a garage, it must also be
functionally used as a garage. This means that the structure must have operable
doors (manual or electric), a driveway, be able to accommodate vehicles (i.e., there
are no interior or exterior obstructions that would restrict the parking of vehicles), and
currently be used for vehicle parking.
8. Neither the aforementioned State legislation nor the Campbell Municipal Code
provide a definition for "conversion" or "convert" in context of converting a garage
into an accessory dwelling unit pursuant to CMC Sec. 21.23.040.6 (Existing
garages). As such, it is necessary for the City to establish uniform standard that may
apply to such conversions pursuant to CMC Chapter 21.02 (Interpretation of
provisions).
9. Pursuant to CMC Chapter 21.02 (Interpretation of provisions), the Community
Development Director has interpreted the term "convert" to mean only that work
necessary to change the use of the structure from a garage (as defined) to a
;dwelling unit, including installation of insulation and interior sheetrock, upgrading of
electrical, plumping, and HVAC systems, construction of interior walls to create new
rooms, as well as creation of new egress windows and removal of existing garage
doors. As such, "convert" does not mean the reconstruction (removal, replacement,
or reinforcement) of exterior wall framing, roof framing/truss system, or exterior wall
cladding; as such alterations would result in a new or substantially different structure,.
contrary to the purpose of the garage conversion provisions.
10. Additionally, recognizing that garage conversions are "non-conforming" structures-
in that the converted structure does not meet the otherwise applicable setbacks-
such conversions should also be held to the restrictions provided in CMC Sec.
21.58.050 (Restrictions on nonconforming structures), specifically subsection 'c',
v~6hich precludes structural alterations except those required by law. As such, garage
conversions are also prohibited from structural alterations other than those
necessary to ensure seismic safety.
11. The Community Development Director's interpretation does not preclude the
construction of new accessory dwelling units in compliance with applicable
standards or the proposed conversion of` existing garages that satisfy the criteria
established by the Community Development Director. Therefore, the Community
Development Director's interpretation is consistent with Housing Element of the
General Plan:
Planning Commission Resolution No. 4409 Page 3
PLN2017-210 1363 Capri Drive -Appeal
Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing
by encouraging secondary units in residential neighborhoods.
Program H-5.3a: Secondary Dwelling Units: A secondary dwelling unit is a
separate dwelling unit that provides complete, independent living
facilities for one or more persons. It includes permanent
provisions for living, sleeping, cooking, eating, and sanitation on
the same parcel as the primary unit is situated. Given the limited
developable land remaining in Campbell, integrating secondary
dwelling units in existing residential neighborhoods presents an
opportunity for the City to accommodate needed rental housing.
The development of secondary dwelling units is effective in
dispersing affordable housing throughout the City and can
provide housing to lower-income persons, including seniors and
college students. Approximately 1,000 single-family parcels in
Campbell are of sufficient size to add a secondary dwelling unit.
Implementation Objective: The City will facilitate the construction
of new secondary dwelling units by making information available
to the public.
12. On May 15, 2017, Alex Kaiser, owner of real property commonly known as 1363
Capri Drive, submitted an application for a building permit (BLD2017-539) to create
an accessory dwelling unit from an existing accessory structure.
13. The subject accessory structure, although permitted as a 3-car garage under a 1956
Santa Clara County Building Permit, has only two garage doors with the third bay
inaccessible to vehicles. As such, irrespective of the use of the third bay-be it a
storage space or a workshop-the structure is not strictly a "garage" as interpreted
by the Community Development Director. Moreover., the structure does not have a
driveway connecting to the public street and its use to store vehicles has been
supplanted by the property's attached garage. As such, the structure is not an
"existing-garage" in context of CMC Sec. 21.23.040.B (Existing garages).
14. On June 1, 2017, as based on the Community Development Director's interpretation,
the City denied Mr. Kaiser's building permit application.
15. Notwithstanding the "garage" status of the accessory structure, based on age of the
structure, the photographs. provided, the proposed installation of entire new roofing
material, and Mr. Keyser's verbal estimate of the project costs in excess of
$200,000, it is likely that the project will not comply with Community Development
Director's interpretation of what constitutes a "conversion" of an accessory structure
to an accessory dwelling unit.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. That the Community Development Director's interpretation of the terms "garage,"
"existing garage," "convert," and "conversion," in context of the Chapter 21.23
(Accessory dwelling units) are correct, reasonable, and appropriate.
Planning Commission Resolution No. 4409
PLN2017-210 1363 Capri Drive -Appeal
Page 4
2. That the Community Development Director's interpretation is consistent with the
General Plan.
3. That the appellant's proposed conversion of an existing accessory structure to an
accessory dwelling unit does not satisfy the requirements for such conversion
pursuant to CMC Chapter 21.23 (Accessory dwelling units) as interpreted the
Community Development Director.
4. The project is Statutorily Exempt under Section 15270(a) of the California
Environment Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
THEREFORE, BE IT RESOLVED that the Planning Commission denies the appeal and
upholds the Community Development Director's interpretation of the Accessory Dwelling
Unit (ADU) Ordinance as applied to a proposed conversion of an existing accessory
structure to an accessory dwelling unit, on property located at 1363 Capri Drive.
PASSED AND ADOPTED this 22nd day of August, 2017, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Kendall, Rich, Dodd, and Young
Rivlin, and Reynolds
Hernandez
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APPROVED: ~'~'~i~~,''~°,-~c~.. ~,~/~ ~~ - ; ;..~ r,~/~'
/~~vonne Kendall, Chair
ATTEST: ~-
Paul Ke moyan, Secretary