CC Resolution 12236RESOLUTION NO. 12236
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING AN APPEAL (PLN2017-210) AND
OVERTURNING THE PLANNING COMMISSION'S DECISION
TO UPHOLD THE COMMUNITY DEVELOPMENT DIRECTOR'S
INTERPRETATION OF THE ACCESSORY DWELLING UNIT
ORDINANCE (CMC CH. 21.23) AND REFERRING THE
MATTER BACK TO THE COMMUNITY DEVELOPMENT
DIRECTOR TO RECONSIDER ISSUANCE OF THE BUILDING
PERMIT, FOR PROPERTY LOCATED AT 1363 CAPRI 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 City Council 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. On May 15, 2017, Alex Keyser, 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.
5. On June 1, 2017, as based on the Community Development Director's interpretation
of when a structure constitutes a "garage," as that term is defined by the Zoning
Code for the purpose of parking vehicles to satisfy the off-street parking requirement,
the City denied Mr. Keyser's building permit application.
City Council Resolution Page 2
PLN2017-210 -1363 Capri Drive -Appeal
6. On June 21, 2017, Mr. Keyser filed an appeal of the Community Development
Director's interpretation and resulting permit denial.
7. The appeal was considered by the Planning Commission on August 22, 2017, who
by a 4-2-1 vote, denied the appeal and upheld the Community Development
Director's interpretation.
8. The Planning Commission's decision was predicated on application of CMC Sec.
21.34.040.8, which provides for a setback exception for existing garages that are
converted to ADUs.
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).
This section was intended to implement Cal.Gov. Code § 65852.2(a)(1)(D)(vii):
(vii) No setback shall be required for an existing garage that is converted to a accessory dwelling
unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage.
9. On September 1, 2017, Mr. Keyser filed an appeal of the Planning Commission's
decision with the City Clerk.
10. Subsequent to the filing of the second appeal the City reviewed the California
Department of Housing and Community Development's (HCD) Accessory Dwelling
Unit Memorandum that articulates the department's interpretation of the
aforementioned State legislation.
11. The Planning Commission's discussion of whether or not the structure is a garage
would be made moot by the HCD's interpretation of Cal. Gov. Code § 65852.2(e),
below, which provides a broad allowance for creation of an ADU within an existing
single-family residence or accessory structure:
Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit to create within asingle-family residential zone one accessory
dwelling unit per single-family lot if the unit is contained within the existing space of asingle-family
residence or accessory structure, has independent exterior access from the existing residence,
and the side and rear setbacks are sufficient for fire safety.
12. Based on the new information, and in keeping with the HCD guidance, the
Community Development Director's previous interpretation is moot and would restrict
the appellant's lawful ability to create an ADU.
13. As such, the Community Development Director's interpretation would be inconsistent
with Housing Element of the General Plan:
Program H-5.3a: Secondary Dwelling Units: Provide for the infill of modestly priced rental housing
by encouraging secondary units in residential neighborhoods.
City Council Resolution
PLN2017-210 -1363 Capri Drive -
Page 3
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 06iective: The City will facilitate the construction
of new secondary dwelling units by making information available
to the public.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
The basis for the Community Development Director's interpretation is no longer
applicable.
2. The Community Development Director's interpretation is not consistent with the
General Plan.
3. This action is exempt under Section 15268 of the California Environment Quality Act
(CEQA) Guidelines in that construction of an accessory dwelling unit is a ministerial
act not subject to CEQA.
THEREFORE, BE IT RESOLVED that the City Council approves the appeal and overturns
the Planning Commission's decision to uphold the Community Development Director's
interpretation of the Accessory Dwelling Unit Ordinance (CMC Ch. 21.23), and referring
the matter back to the Community Development Director to reconsider issuance of the
building permit, for property located at 1363 Capri Drive.
PASSED AND ADOPTED this 17th day of October, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Cristina, Landry, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVE ~ i~~ / >~'l~
a th "Liz" Gibbons, Mayor
ATTEST: ~ I
Wendy ood, City Clerk