PC Res 4529RESOLUTION NO. 4529
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE TO AMEND TITLES 18, 20, AND 21 OF
THE CAMPBELL MUNICIPAL CODE PERTAINING TO THE
PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE OF
ACCESSORY DWELLING UNITS. FILE NO.: PLN2017-375
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 to file number PLN2017-375:
The project consists of a Zoning Code Amendment to amend Titles 18, 20, and 21 of the
Campbell Municipal Code pertaining to the permitting, construction, affordability, and
usage of accessory dwelling units and an Amendment to the Campbell Village
Neighborhood Plan and a General Plan Amendment to the San Tomas Area
Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards.
2. The proposed Zoning Code Amendment would be consistent with the General Plan in
that it will allow the continued creation of accessory dwelling units, particularly those that
would be offered at "moderately priced" rent, consistent with Program H-5.3a of the
Housing Element:
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.
3. An incentive to encourage property owners to offer accessory dwelling units at an
affordable rent is necessary to fulfill the City's Regional Housing Needs Allocation
(RHNA) housing production obligations and is in furtherance of the findings established
by the State of California, as provided in Government Code 65852.150, specifically that
accessory dwelling units offer lower cost housing
4. The proposed Zoning Code Amendment is consistent with the mandatory provisions of
Senate Bill 229 (Wieckowski) and Assembly Bill 494 (Bloom), while maintaining locally
appropriate standards for the construction and occupancy of accessory dwelling units.
Planning Commission Resolution No. 4529
PLN2017-375 — Recommending Approval a Zoning Code Amendment Page 2
5. 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.
6. Review and adoption of this Zoning Code Amendment is done in compliance with
California government Code Sections 65853 through 65857, which require a duly
noticed public hearing of the Planning Commission whereby the Planning Commission
shall provide its written recommendation to the City Council for its consideration.
Based on the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed amendment is consistent with the goals, policies, and actions of the General
Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City;
3. The proposed amendment is internally consistent with other applicable provisions of the
Zoning Code; and
4. Adoption of the proposed amendment, 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 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 Section 65852.2 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 the attached Ordinance (reference Exhibit A).
PASSED AND ADOPTED this 24th day of September, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST
Buchbinder, Ching, Krey, Ostrowski
Hines, Rivlin
APPROVED
/ I
Paul Kermoyan, Secretary
Ls�j
Michael Krey, Acting Chair
EXHIBIT A
Ordinance No.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLES 18, 20, AND 21 OF THE CAMPBELL MUNICIPAL CODE
RELATING TO THE PERMITTING, CONSTRUCTION, AFFORDABILITY, AND USAGE
OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.
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 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 Section 65852.2 of the
Government Code relating to the construction of accessory dwelling units.
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; including Housing
Element Policies H-5.3 (Secondary Dwelling Units) and H-5.4 (Ordinance Updates).
SECTION 3. The City Council further finds and determines that an incentive to encourage
property owners to offer accessory dwelling units at an affordable rent is necessary to
fulfill the City's Regional Housing Needs Allocation (RHNA) housing production
obligations and is in furtherance of the findings established by the State of California, as
provided in Government Code 65852.150, specifically that accessory dwelling units offer
lower cost housing.
SECTION 4. The City Council further 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.
SECTION 5. The City Council further finds and determines that adoption of this ordinance
is consistent with the provisions of Senate Bill 229 (Wieckowski) and Assembly Bills 494
(Bloom) and 2406 (Thurmond), while maintaining locally appropriate standards for the
construction and occupancy of accessory dwelling units.
SECTION 6. The City Council further finds and determines that 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 special long-term housing needs of
individuals and families, while preserving the integrity of single-family neighborhoods.
SECTION 7: Replacing the Accessory Dwelling Unit Chapter: Existing Chapter 21.23
(Accessory Dwelling Units) of the Campbell Municipal Code is hereby deleted in its
entirety and replaced as follows:
Page 1 of 19
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 single-family neighborhoods. It is not the intent
of this Chapter to override any lawful use restrictions as may be set forth in Conditions,
Covenants, and Restrictions (CC&Rs).
21.23.020 - Minimum Standards for Eligibility
One accessory dwelling unit and one junior accessory dwelling unit may be
constructed on parcels satisfying all of the following minimum standards:
A. Zoning district. A parcel located within a residential zoning district as specified by
Chapter 21.08 (Residential zoning districts) 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 district as specified by Section 21.04.020,
Table 2-1.
B. Dwelling unit. A parcel that is presently developed with one lawfully constructed
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.
An accessory dwelling unit may not be constructed on a parcel without a lawfully
constructed primary dwelling unit or which is developed with more than one
dwelling unit (i.e., duplex/triplex/fourplex or an apartment) or that is already
developed with an accessory dwelling unit.
C. Minimum lot area. No minimum lot area is required for creation of an accessory
dwelling unit or junior accessory dwelling unit. However, a parcel with a net lot
area of six thousand square feet or greater (inclusive of any public or private
easements except for easements that establish a private or public street) shall be
required for creation of both an accessory dwelling unit and a junior accessory
dwelling unit on the same parcel. The community development director may
require preparation of a boundary survey to verify the parcel size.
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 the
Municipal Code (Subdivision and Land Development), as applicable at the time the
Page 2 of 21
parcel was created. The City Engineer may require a certificate of compliance to
verify conformance to this requirement.
21.23.030 - Accessory Dwelling Unit Development Standards
An accessory dwelling unit shall be constructed only in accordance with the following
development standards.
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. Detached accessory dwelling units may be located in front of, to the
side of, or behind the primary dwelling unit.
C. Private open space. Creation of an accessory dwelling unit shall not reduce the
required private open space to less than that required 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.
D. Floor area ratio and lot coverage. 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.
E. Setbacks. An accessory dwelling unit shall conform to the setback standards
specified by Table 3-1(b), below:
Table 3-1(b) —Setback Standards
Setback
Detached ADUs (1)
Interior and
Attached ADUs 1
Front
The same standard as for
the primary dwelling unit
Property Line
The same standard
as for the primary
Interior Sides
5 feet or one-half the
Setbacks
building wall height,
Rear
whichever is greater (2)
dwelling unit
Street Side
12 feet
Separation
If located in front of the
from Primary
primary dwelling unit
10 feet
Not applicable
If located behind the
Dwelling Unit
primary dwelling unit
Page 3 of 21
If located to the side of the
5 feet
primary dwelling unit
If located in front of the
Separation
accessory structure
10 feet
As specified by
If located behind the
from
Section 21.36.020
Accessory
accessory structure
(Accessory
If located to the side of the
Structure(s)
structures)
accessory structure
5 feet
Exceptions:
(1) No setback shall be required for an existing garage 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 an accessory structure other than a garage or within the existing space of a primary
dwelling unit provided that the existing side and rear setbacks are sufficient for fire safety.
A detached accessory dwelling unit created through this exception shall not be expanded in
any manner, including expansion of the living area or attachment of a garage or other
uninhabitable space, and shall not be permitted to exercise the setback exception for non-
conforming structures provided for in Section 21.58.050.F (Exceptions).
(2) An accessory dwelling unit that is constructed above a garage shall only require a setback of
5-feet from the rear and side property lines.
F. Minimum living area. The minimum living area for all accessory dwelling units
shall be 150 square feet, subject to the restrictions specified by Health and Safety
Code Section 17958.1.
G. 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 1,200 square feet, subject to the applicable maximum floor area ratio and
maximum lot coverage. However, in no case shall the living area for an attached
or interior accessory dwelling unit exceed fifty percent (50%) of the living area of
the primary dwelling unit.
H. Allowable rooms. An accessory dwelling unit shall be limited to a maximum of
two bathrooms and two bedrooms (defined as a habitable room with an area not
less than 70 square feet as described by California Building Code section 1208.3).
An accessory dwelling unit shall also contain no more than one kitchen facility and
no more than one living room (defined as a habitable room with an area not less
than 120 square feet as described by California Building Code section 1208.1). No
other rooms or closets larger than 120 square feet shall be permitted unless they
are fully interior within the accessory dwelling unit without any exterior walls from
which windows could be created.
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 primary dwelling 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
Page 4 of 21
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).
2. Attached accessory dwelling units. Attached accessory dwelling units may
be constructed on the first floor of, or as a second floor to, the lawfully
constructed primary dwelling unit, except that it shall not be constructed
above any portion of an attached garage.
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 garage, basement, first story, or second story,
irrespective of existing building height.
J. Parking. Off-street parking for accessory dwelling units and replacement off-street
parking for primary dwelling units shall be provided in compliance with this section.
1. Number of spaces. Required and replacement parking shall be provided as
specified by Table 3-1(d), below:
Table 3-1(d) — Parking Standards
Standard
Detached ADUs
Interior and
Attached ADUs
Required Parking
1 space per unit or per bedroom,
Not Required
whichever is less
Existing parking spaces that are removed in conjunction
with the creation of an accessory dwelling unit (e.g., by
Replacement Parking
demolition or conversion of a garage) shall be replaced on
the parcel concurrently with creation of the accessory
dwelling unit.
Exception: No "required parking", as specified by this table, shall be required for a
detached accessory dwelling unit that is contained within the existing space of an
accessory structure. Further, no "required parking" or "replacement parking" shall be
required for an accessory dwelling unit that is located on a parcel that is within (1) a
traversable distance of one-half mile of public transit, (2) a designated historic district, (3)
one block of a City -licensed car share vehicle, or (4) the boundaries of a permanent
residential parking permit program, where the City does not offer parking permits to
occupants of an accessory dwelling unit.
2. Parking configuration. Required and replacement parking spaces 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.
Page 5 of 21
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.
K. Design. The design of accessory dwelling units shall conform with the following
standards:
1. Detached accessory dwelling units. Detached accessory dwelling units, if
not entirely located behind the primary dwelling unit, shall maintain the
appearance of the primary dwelling unit, by using the same wall cladding,
trim detail, roofing material, building color(s), window frames/trim, and the
predominant roof form and roof pitch.
2. Attached accessory dwelling units. Attached accessory dwelling units shall
maintain the appearance of the primary dwelling unit, by using the same
wall cladding, trim detail, roofing material, building color(s), window
frames/trim, and the predominant roof form and roof pitch.
3. Interior accessory dwelling units. Interior accessory dwelling units contained
within the existing space of an attached garage shall include removal of
garage doors which shall be replaced with architectural features the same
as those of the primary dwelling unit, including the same wall cladding,
building color(s), and window frames that remove any appearance that the
structure was originally a garage.
L. 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.
M. Balconies/Decks. Balconies, second -story decks, and rooftop terraces are
prohibited for all accessory dwelling units.
N. 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.
Page 6 of 21
O. 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.
21.23.040 - Junior Accessory Dwelling Unit Development Standards
A junior accessory dwelling unit shall be constructed only in accordance with the
following development standards:
A. Maximum floor area. The junior accessory dwelling unit shall not exceed 500
square feet in area.
B. Existing development. The junior accessory dwelling unit shall be contained
entirely within the existing walls of an existing lawfully constructed primary dwelling
unit and shall utilize one of the existing lawfully constructed bedrooms.
C. Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with
the minimum criteria:
1. A sink with a maximum waste line diameter of one and one-half inches.
2. A cooking facility with appliances that do not require electrical service
greater than 120 volts, or natural or propane gas.
3. A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
D. Bathroom. Bathroom facilities may be separate from or shared with the primary
dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit, with an interior entry
into the main living area. The junior accessory dwelling unit may include a second
interior doorway for sound attenuation.
F. Parking. No parking shall be required for a junior accessory dwelling unit.
21.23.050 — Special Provisions for Historic Properties
The following requirements and restrictions apply to creation of accessory dwelling
units on properties listed on the historic resource inventory, and shall supersede any
provision to the contrary within this Chapter.
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.
Page 7 of 21
C. Height. A detached accessory dwelling unit shall be a maximum of fourteen 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 similar wall cladding, trim detail,
roofing material, building color(s), window frames/trim and divisions, and the
predominant roof form and roof pitch.
E. Exception: Variations from these provisions may be granted in compliance with
Section 21.33.150.B.2 (Zoning exception), upon finding by the Planning
Commission, with recommendation by the Historic Preservation Board, that the
variation would not adversely impact the historic resource.
21.23.060 — 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 30 days, including short-
term rentals are prohibited. The community development director shall require
recordation of a deed restriction documenting this restriction.
B. Owner -Occupancy. No more than one dwelling unit on the parcel shall be leased
or otherwise rented, except for a parcel subject to a voluntary affordability
covenant pursuant to Section 21.23.070, which shall be granted an exemption
from this restriction. The owner -occupancy requirement shall be deemed satisfied
if title to the real property is held by a trust whose beneficiary occupies either the
primary dwelling unit or the accessory dwelling unit provided the beneficiary is a
person with disabilities.
C. 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. In no instance shall an accessory dwelling unit or junior accessory
dwelling unit be sold or otherwise conveyed separate from the primary dwelling
unit. The community development director shall require recordation of a deed
restriction documenting these restrictions prior to issuance of a building permit.
D. 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),
except for a parcel subject to a voluntary affordability covenant pursuant to Section
21.23.070, which shall be granted an exemption from this fee.
E. Building code. Accessory dwelling units and junior 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 accessory
dwelling unit if they would otherwise not be required for the primary dwelling unit. If
the creation of an interior or attached accessory dwelling unit would result in the
primary dwelling unit becoming a "new dwelling using portions of the original
structure" pursuant to Chapter 18.32 (Determination of scope of work), then fire
Page 8of21
sprinklers shall be required to the same extent as for construction of any other new
dwelling unit.
21.23.070 — Affordability Incentive
This section provides an incentive to property owners to voluntarily offer for rent
accessory dwelling units at an affordable rent, in furtherance of the findings established
by the State of California, as provided in Government Code 65852.150, specifically that
accessory dwelling units offer lower cost housing.
A. Terminology. The terms used in this section pertaining to housing affordability,
including "affordable rent," "lower -income," "very low-income," and "eligible
household" shall have the same meanings as defined by Chapter 21.24
(Inclusionary housing ordinance).
B. Applicability. This section shall apply to all new and existing accessory dwelling
units, excluding junior accessory dwelling units.
C. Incentive. A property owner that voluntary executes an affordability covenant in
compliance with this section shall be granted relief from the owner -occupancy
restriction specified by Section 21.23.060.13, such that both the primary dwelling
unit and accessory dwelling unit may be rented concurrently. An exemption from
the park in -lieu fee shall also be granted, as specified by Section 21.23.060.D.
D. Affordability covenant. To exercise the incentive provided by this section, an
affordability covenant shall be recorded against the subject parcel, which shall
require either the accessory dwelling unit or the primary dwelling unit to be offered
at an affordable rent to a lower -income household for a term of fifteen (15) years.
The covenant shall be renewed as a condition of sale by each successive property
owner at the change of each title for a period of fifteen (15) years.
E. Timing. Renting of more than one dwelling unit shall not commence until the
property owner has recorded the affordability covenant.
F. Eligible household. No household shall be permitted to begin occupancy of the
dwelling unit to be offered at an affordable rent unless the City or its designee has
approved the household's eligibility.
21.23.080 — Approval Process
The City shall issue a ministerial building permit for an accessory dwelling unit or
junior accessory dwelling unit that is consistent with the provisions of this Chapter, as
determined by issuance of a Zoning Clearance in compliance with Chapter 21.40 (Zoning
clearances), within one hundred and twenty (120) days of submittal of a complete
building permit application. However, 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 21.12.030 (P-D (Planned development)
Page 9 of 21
zoning district) 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.
21.23.090 — Development Policy
A single-family residential subdivision resulting in five or more parcels, exclusive of
commonly -held parcels, shall be subject to the following requirement.
A. Requirement: Twenty percent (20%) 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, natural gas, 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 (20%) of
the parcels may be developed with an accessory dwelling unit, to be constructed
concurrently with the primary dwelling units.
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.
21.23.100 — Master Development Plan
Less restrictive development standards than imposed by this Chapter may be
applied to a particular development proposal within the P-D (Planned Development)
Zoning District and may be approved if the proposed development standards are
depicted on a master plan of development as specified by Section 21.12.030.H.4.e. To
grant such modification(s), the City Council shall render its decision on a planned
development permit application by ordinance.
21.23.110 — 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 structure" means a legally permitted detached structure as defined in
Section 21.72.020.A, including, but not limited to a studio, pool house, garage, or similar
structure.
"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. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the primary dwelling unit is situated. An accessory
Page 10 of 21
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. 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 (1) constructed as a separate structure from the primary dwelling unit; or
(2) contained within the existing space of an accessory structure (as
defined herein).
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; or (2) constructed as
part of a proposed primary dwelling unit.
Figure 3.6(c)
Interior accessory dwelling unit
Page 11 of 21
"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,
comprising all required drawings, details, and calculations, including those necessary to
determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of
scope of work), and a boundary survey if required to verify parcel size, which 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.
"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 in
a manner that would not constitute a "new dwelling using portions of the original
structure" pursuant to Chapter 18.32 (Determination of scope of work).
"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.
"Existing space of an accessory structure" means the gross floor area of an
accessory structure that has received final building permit clearance prior to January 1,
2017 and which has not been expanded on or after January 1, 2017.
"Junior accessory dwelling unit" means a dwelling unit that is no more than 500
square feet in size and contained entirely within an existing single-family dwelling. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
"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.
"Floorspace" means the gross floor area 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.
"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 the same as "transit station" as defined by Government
Code Section 65460.1(b)(5).
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures.
Page 12 of 21
"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.
SECTION 8. R-1 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.030.13 (Permitted uses in R-1 (Single-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) 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. Junior accessory dwelling units;
8-.9. _ Manufactured housing (subject to architectural requirements within the
parameters of State Law);
9-10. Parks, public;
4-9.11. Residential care homes, small;
44-.12. Residential service facilities, small;
42 13. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
44�-14. Schools - K-12, public;
44-.15. Single-family dwellings;
4�5-.16. _ Supportive housing;
4-6-17. Transitional housing.
SECTION 9. R-D Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.040.13 (Permitted uses in R-D (Two-family) zoning district) is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted
text:
B. Permitted uses in R-D (Two-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;
273. Duplexes;
Page 13 of 21
8-4. Family child day care homes, small;
4.5. Garage/yard sales, private;
5-.6. Groundwater recharge facilities;
6-7. Hobby car restoration;
7--.8. Home occupations;
9. Junior accessory dwelling units;
&10. Parks, public;
0-11. Residential care homes, small;
4-0-.12. Residential service facilities, small;
4413. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
4-2-.14. Schools - K-12, public;
4-3-.15. Single-family dwellings;
44-.16. Supportive housing;
4-&-.17. Transitional housing.
SECTION 10. R-M Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.050.13 (Permitted uses in R-M (Multiple -family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (st�Ft) indicating deleted
text:
B. Permitted uses in R-M (Multiple -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;
2.3. Apartments;
374. Duplexes;
4-5. Family child day care homes, small;
&76. Garage/yard sales, private;
6:7. Groundwater recharge facilities;
7-.8. Home occupations;
9. Junior accessory dwelling units;
9-.10. Parks, public;
0-11. Residential care homes, small;
40-12. Residential service facilities, small;
4413. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
42-14. Schools - K-12, public;
4-3-15. Single-family dwellings;
44-.16. Supportive housing;
4-5-.17. _ Transitional housing.
SECTION 11. R-2 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.060.13 (Permitted uses in R-2 (Multiple -family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (sfrikeou ) indicating deleted
text:
Page 14 of 21
B. Permitted uses in R-2 (Multiple -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;
2-.3. Apartments;
8-A. Duplexes;
4.5. Family child day care homes, small;
676. Garage/yard sales, private;
6-7. Groundwater recharge facilities;
7 8. Home occupations;
9. Junior accessory dwelling units;
8-10. Parks, public;
9-11. Residential care homes, small;
4412. Residential service facilities, small;
44-.13. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
4-2714. Schools - K-12, public;
44715. Single-family dwellings;
44.16. Supportive housing;
4-5-17. Transitional housing.
SECTION 12. R-3 Zoning District Permitted Uses: Campbell Municipal Code Section
21.08.070.13 (Permitted uses in R-3 (Multiple -family) zoning district) is amended to read
as follows with underlining indicating new text and strikeouts (strut) indicating deleted
text:
B. Permitted uses in R-3 (Multiple -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
2-.3_ Apartments;
8-4. Duplexes;
4.5. Family child day care homes, small;
676. Garage/yard sales, private;
6-7. Groundwater recharge facilities;
7-.8. Home occupations;
9. Junior accessory dwelling units;
8-10. Libraries, public;
9-11. Parks, public;
4-0-.12. Residential care homes, small;
44-.13. Residential service facilities, small;
4-2-14. Satellite television or personal internet broadband dishes/antenna (less than
three feet in diameter);
4-3-.15. Schools - K-12, Public;
Page 15 of 21
44.16.
Single-family dwellings;
4-5-.17.
Supportive housing;
445 18.
Transitional housing.
SECTION 13. Scope of Work: Campbell Municipal Code Section 18.32.010 (Definition of
"Scope of Work.") is amended to read as follows with underlining indicating new text and
strikeouts (strikeout) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
A project submitted as a "Remodel" or "Remodel and Addition," or a "Remodel of an
accessory structure to create an accessory dwelling unit" (or similar scope of work) shall
instead be considered and defined as a "New Dwelling using portions of the original
structure" when at least three of the following criteria are satisfied:
1. The valuation of the proposed work exceeds one hundred eighty-five thousand
dollars (valuation calculated using established Valuation Tables published by the
International Code Council (ICC) and modified by the Building Division);
2. Seventy-five percent or more of the existing roof framing (Area) is proposed to be
removed. Existing roof covered by a new roof shall be considered as removed for
the purposes of this calculation;
3. Seventy-five percent or more of the existing exterior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new exterior
walls exceed more than seventy-five percent of the length of the existing exterior
walls as determined by the building official. Nonconforming exterior walls shall
not be included in the twenty-five percent remaining calculation (this subsection
shall not apply to a proposed conversion of an accessory structure to an
accessory dwelling unit);
4. Seventy-five percent or more of the existing interior walls (Lineal Footage of Wall
Length) are removed, altered, filled in, or rebuilt. In no event shall new interior
walls exceed more than seventy-five percent of the length of the existing interior
walls as determined by the building official.
SECTION 14. Non -Conforming Limitations: Campbell Municipal Code Section
21.58.050.F (Exceptions) is amended to read as follows with underlining indicating new
text and strikeouts (strikeout) indicating deleted text:
F. Exceptions. The following exceptions apply to all lawfully constructed structures,
except for detached accessory dwellinq units:
1. Failure to meet setbacks. A structure that fails to meet the setback
requirements for the zoning districts in which it is located may be added to
or enlarged in compliance with the following criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
Page 16 of 21
d. Any upper story additions comply with the current setback requirements;
and
e. When required by Chapter 21.42 (Site and architectural review) The
decision -making body approving the site and architectural review permit
for the addition or enlargement finds that the addition or enlargement will
not be detrimental to the public health, safety, or general welfare of
persons residing in the neighborhood.
2. Policy "E" of the San Tomas neighborhood plan.
a. Additions to legally existing structures in the San Tomas area may be
added to or enlarged as allowed under policy "E" of the San Tomas
neighborhood plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained
at the community development department.
d. In the case of conflict between the San Tomas neighborhood plan policy
"E" and the requirements contained in this chapter, policy "E" of the plan
shall prevail.
3-G. Repairs or alterations otherwise required by law shall be allowed.
Reconstruction required to reinforce unreinforced masonry structures or to comply
with building code requirements shall be allowed without the cost limitations
identified in subsection E of this section; provided the retrofitting and code
compliance are limited exclusively to compliance with earthquake safety standards
and other applicable building code requirements, including the applicable
provisions of state law (e.g., Title 24, California Code of Regulations, etc.).
SECTION 15. Allowable Density: Table 2-1 of Section 21.040.020, is amended to read as
follows with underlining indicating new text and strikeouts (strikeout) indicating deleted
text:
TABLE 2-1
Zoning Districts and General Plan Designations
Zone Map
General Plan Land Use Designation
Symbol Zoning District Name Dwelling Units/Acre Implemented by
Zoning District
Residential Zoning Districts
R-1-10, 16 Single -Family, 10,000 or 16,000 Low Density Residential, Less than 3.5
square foot minimum lot size d.u./gross acre
R-1-8, 9
Single -Family, 8,000 or 9,000 Low Density Residential, Less than 4.5
square foot minimum lot size d.u./gross acre
R-1-6 Single -Family, 6,000 square foot Low Density Residential, Less than 6
minimum lot size d.u./gross acre
Page 17 of 21
R-D Two -Family District Low -Medium Density Residential, 6-13
d.u./gross acre
R-M Multiple -Family
Low -Medium Density Residential, 6-13
d.u./ rg oss acre
R-2 Multiple -Family Medium Density Residential, 14-20
d.u./ rg oss acre
R-3 Multiple -Family
High Density Residential, 21-27 d.u./ rg oss
acre
Commercial Zoning Districts
P-O Professional Office
C-1 Neighborhood Commercial
C-2 T General Commercial
C-3 e Central Business District
Professional Office
Neighborhood Commercial
General Commercial
Central Commercial
Industrial Zoning Districts
C-M Controlled Manufacturing Research and Development
M-1—Light Industrial Light Industrial
Special Purpose Zoning Districts
C-PD Condominium Planned
Development
P-D Planned Development
P-F Public Facilities Institutional
P-F/O-S Public Facilities/Open Space Open Space
Overlay/Combining Districts
H Historic Preservation
O Overlay District
Notes:
(1) Accessory dwelling units and junior accessory dwellinq units are a residential use
that are consistent with all residential general plan and zoning designations, and
therefore, do not exceed the allowable density for the lot upon which they are
located.
SECTION 16: Definitions of Driveway: The following definition is added to subsection D
of Campbell Municipal Code section 21.72.020 between the definitions of "Drive -through
Page 18 of 21
/drive -up service/drive-up window" and "Dry cleaning" to read as follows, with underlining
indicating new text:
"Driveway" means a paved access way leading from a public right-of-way, or from
the edge of an easement or property line forming a private street, to a parking lot, drive
aisle parking circulation area, garage, off-street parking space, or loading space.
SECTION 17: Definitions of Building Height: The following definition is added to
subsection B of Campbell Municipal Code section 21.72.020 between the definitions of
"Bookstore" and "Building wall height" to read as follows, with underlining indicating new
text:
"Building Height" means the vertical distance from the lowest finished grade
adiacent to the building to the building's highest roof surface.
SECTION 18: Park Impact Fee Definition: The definition of "secondary living units" in
Campbell Municipal Code section 20.24.020(o) is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
20.24.020 - Definitions.
(o) "Secondary living units" means ap�-accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code or any resideRtial
URit of less than six hURdred forty square feet which is Glearly seGE)Rdary to the
main use of the property. Examples E)f units that are seGenGaFeta
dary ORGlude
..
pasteF's resideRGe of less than six ...redhHRdred forty square feet ..
SECTION 19: Residential Project Definition: The definition of "residential project" in
Campbell Municipal Code section 21.24.030 is amended to read as follows, with
underlining indicating new text and strikeouts (strikeouts) indicating deleted text:
"Residential project" means any parcel map, subdivision map, conditional use
permit, site and architectural review permit, building permit, or other city approval, which
authorizes ten or more living units or residential lots, or living units and residential lots
with ten or more in combination., exclusive of any proposed accessory dwelling units. In
order to prevent evasion of the provisions of this chapter, contemporaneous construction
of ten or more living units on a lot, or on contiguous lots for which there is evidence of
common ownership or control, even though not covered by the same city land use
approval, shall also be considered a residential project. Construction shall be considered
contemporaneous for all units which do not have completed final inspections for
occupancy and which have outstanding, at any one time, any one or more of the
following: parcel map, subdivision map, or other discretionary city land use approvals, or
building permits, or applications for such an approval or permits. A pending project shall
not be considered a residential project under this chapter.
Page 19 of 21
SECTION 20. Accessory structures: Campbell Municipal Code Section 21.36.020
(Accessory structures) is amended to read as follows with underlining indicating new text
and strikeouts (s+r�t) indicating deleted text:
21.36.020 - Accessory structures.
This section provides standards for accessory structures that are physically detached
from, and subordinate to, the main structure on the site. The standards contained in this
section pertain to all properties except when otherwise provided for by a development
agreement, overlay district, area plan, neighborhood plan, or specific plan.
A. Living quarters prohibited. An accessory structure shall not include sleeping
quarters or kitchen facilities. 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. IREhsed werksnops with separate en}rnnGes are
not allowed. VVerksheps with par -teal bathreems must be open te the rest ef the
StFUGWre by at bast a six feet opellinn The community development director n4ay
shall require the recordation of a deed restriction 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).
B. Allowed accessory structures. Accessory structures, including and —detached
private garages and carports, may be allowed in compliance with the following
standards.-
1 . Accessory structures shall not exceed one story or 14 feet in height;
2. Accessory structures shall be located on the rear half of the lot;
3. Accessory structures shall be located to the rear or side of the main
structure. If located to the rear of the main structure, a minimum separation
of 10 feet shall be required. If located to the side of the main structure, a
minimum separation of five feet shall be required. The separation
requirements between an accessory dwelling unit and an accessory
structure are provided in Chapter 21.23 (Accessory dwelling units);
4. Accessory structures shall meet all setback requirements for main
structures of the applicable zoning district in which they are located;
5. No accessory structure shall exceed 1,000 square feet. If there is more than
one accessory structure on a lot, one accessory structure shall be allowed
up to 1,000 square feet and every one subsequent to that shall not exceed
200 square feet;
6. When there is more than one accessory structure on a lot, there shall be a
minimum separation of 10 feet between each accessory structure;
7. An accessory structure 9 -private shall be considered detached if
they do not share a common interior wall with the main structure.
C. Design criteria. Accessory structures that exceed 120 square feet in area must be
architecturally compatible with the main structure in terms of design, color and
materials, as determined by the community development director.
Page 20 of 21
SECTION 21: 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 day of
call vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ATTEST:
Wendy Wood, City Clerk
2019 by the following roll
APPROVED:
Richard M. Waterman, Mayor
Page 21 of 21