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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 ~~ ~/ice ~,~~ ~~ /' i'_. APPROVED: ~'~'~i~~,''~°,-~c~.. ~,~/~ ~~ - ; ;..~ r,~/~' /~~vonne Kendall, Chair ATTEST: ~- Paul Ke moyan, Secretary