PC Res 4530RESOLUTION NO. 4530
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT A GENERAL PLAN AMENDMENT TO THE SAN TOMAS
AREA NEIGHBORHOOD PLAN TO INCORPORATE BY
REFERENCE TO THE PROPOSED CITY-WIDE ADU STANDARDS.
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:
1. 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 City of Campbell General Plan was adopted by the City Council on November 6,
2001, by approval of Resolution No. 9950.
3. The San Tomas Area Neighborhood Plan is incorporated into the Campbell General
Plan within Appendix Al. Any amendment to the San Tomas Area Neighborhood Plan,
therefore, requires approval of a General Plan Amendment.
4. Pursuant to Campbell Municipal Code Section 21.60.020.A, only the City Council may
initiate a General Plan Amendment.
5. On May 7, 2019, the City Council voted to initiate a General Plan Amendment to modify
the San Tomas Area Neighborhood Plan (STANP) to incorporate by reference standards
for accessory dwelling units ( ADUs) with an amendment to add the clarifying language
stating with the intent of establishing uniform Citywide ADU standard if desired.
6. On August 13, 2019 the Planning Commission heard a special presentation from the
San Tomas Area Community Coalition (STACC) regarding proposed standards for
ADUs within the San Tomas Area. After the presentation and hearing public comment,
the Planning Commission directed staff to proceed with an ordinance that provided for
City-wide ADU standards rather than neighborhood -specific standards.
7. The proposed General Plan 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: 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
Planning Commission Resolution No. 4530
PLN2017-375 — Recommending Approval a General Plan Amendment Page 2
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.
8. 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
9. The proposed General Plan 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.
10. 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.
11. Review and adoption of this General Plan 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 internally 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. 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 a General Plan Amendment to the San Tomas Area Neighborhood Plan to
incorporate by reference the proposed City-wide ADU standards, by amending Land Use
Policy 'A' (Relationship to Municipal Code) and adding a new Land Use Policy 'I -a'
(Accessory Dwelling Units), as follows:
Planning Commission Resolution No. 4530
PLN2017-375 — Recommending Approval a General Plan Amendment
K,
• Land Use Policy 'A' (Relationship to Municipal Code) is amended to delete the text
identified with a strikeout and add the text identified with an underline, as follows:
A. Relationship to Municipal Code
Development standards stated in Title 21 of the Campbell Municipal Code that are not
specified in this section shall remain applicable. Except as otherwise provided, in the Gase of
where a conflict between the San Tomas Area Neighborhood Plan and Title 21 of the
Campbell Municipal Code occurs, the standards contained herein shall prevail.
• A new Land Use Policy 'I -a' (Accessory Dwelling Units) is added between Land Use
Policy 'I' (Accessory Buildings) and 'J' (Landscaping), as follows:
I -a. Accessory Dwelling Units
Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell
Municipal Code, which shall prevail over any provision to the contrary contained within the
San Tomas Neighborhood Plan.
PASSED AND ADOPTED this 24th day of September, 2019, by the following roll call vote:
AYES:
Commissioners: Buchbinder, Ching, Krey, Ostrowski
NOES:
Commissioners:
ABSENT:
Commissioners: Hines, Rivlin
ABSTAIN:
Commissioners:
APPROVED: L�,j L
Michael Krey, Acting Chair
ATTEST:— Q ,
Paul Kermoyan, Secretary