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CC Resolution 12519RESOLUTION NO. 12519 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING AN AMENDMENT TO THE CAMPBELL VILLAGE NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE 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 City Council 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 proposed Area Plan Amendment would be consistent with the General Plan in that it will allow the continued creation of accessory dwelling units 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 Obiective: The City will facilitate the construction of new secondary dwelling units by making information available to the public. 3. The Area Plan Amendment is consistent with applicable legislation adopted by the State of California while maintaining locally appropriate standards for the construction and occupancy of accessory dwelling units. 4. 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. 5. Review and adoption of this Area 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. City Council Resolution 12519 PLN2017-375 — Approval a Neighborhood Plan Amendment Page 2 Based on the foregoing findings of fact, the City Council 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; and 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 City Council adopts an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed City-wide ADU standards, by renaming and replacing Land Use Standard Section D.6 (Setbacks for Detached Accessory Structures and Dwelling Units); amending Land Use Standard Section D.7 (Exceptions to Rear Setbacks); and renaming and amending Land Use Standard Section D.8 (Building Heights for Accessory Structures and Accessory Dwelling Units), as follows: Land Use Standard Section D.6 (Setbacks for Detached Accessory Structures and Dwelling Units) is renamed and replaced to read as: 6. Accessory Structures and Accessory Dwelling Units Accessory structures shall be permitted in accordance with Section 21.36.020 of the Campbell Municipal Code. Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell Municipal Code. • Land Use Standard Section D.7 (Exceptions to Rear Setbacks) is amended to delete the text identified with a strikeout, as follows: 7. Exceptions to Rear Setbacks The community development director may approve a minimum rear setback of five feet or % the building wall height on all corner lots or when the parcel is determined to be oddly configured rendering the lot depth substandard in length, for: • Primary dwelling units • Accessory structures Land Use Section D.8 (Building Heights for Accessory Structures and Accessory Dwelling Units) is renamed and amended to delete the text identified with a strikeout, as follows: 8. Building Heights for Accessory Structures and AGGessory Dwelling Units City Council Resolution 12519 PLN2017-375 — Approval a Neiahborhood Plan Amendment Paae 3 The maximum building height for an accessory structure in the R-1-6 or R-1-8 zoning district shall be 14-feet. The ^',.,xoppum height fer a detaGhed a.,.,eS dwelling n t :^the o 1 ceir n o n ,,..,y,,. wry ..y .. zening diStFiGt shall be 46 feet. Both height measuremeRts shall be measuFed fFeFR fiRished grade. PASSED AND ADOPTED this 5th day of November, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: Ric and Nd. Waterman, Mayor ATTEST: - )ip., - 14).1 Wendy o d, City Clerk