CC Ordinance 2252Ordinance No. 2252
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 applicable legislation adopted by the State of California 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 residential 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 22
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 residential 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 or mixed -use 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, except for accessory dwelling units constructed on multi-
family residential properties pursuant to Section 21.23.050 (Special Provisions for
Multi -family Residential Properties).
C. Minimum lot area. No minimum lot area is required for creation of an accessory
dwelling unit or junior accessory dwelling unit.
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
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,
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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, except to the extent necessary to allow
an accessory dwelling unit no larger than 800 square feet. 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, except to the
extent necessary to allow an accessory dwelling unit no larger than 800 square feet.
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 W —Setback Standards
Setback
Detached ADUs
Interior and
Attached ADUs
The same standard as
Front
for the primary dwelling
Property Line
Setbacks
unit
The same standard
as for the primary
dwelling unit
Interior Sides
4 feet
Rear
Street Side
12 feet
If located in front of the
Separation
from Primary
Dwelling Unit
primary dwelling unit
10 feet
Not applicable
If located behind the
primary dwelling unit
If located to the side of the
primary dwelling unit
5 feet
If located in front of the
Separation
from
Accessory
Structure(s)
accessory structure
10 feet
As specified by
Section 21.36.020
(Accessory
structures)
If located behind the
accessory structure
If located to the side of the
accessory structure
5 feet
Page 3 of 22
Exception: No setback shall be required for an existing accessory structure 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 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 (except to allow an entry area for ingress and egress no greater than 150 square feet),
and shall not be permitted to exercise the setback exception for non -conforming structures
provided for in Section 21.58.050.F (Exceptions).
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 floor area for a detached accessory dwelling unit
shall be 1,200 square feet. The maximum living area for an attached or interior
accessory dwelling unit shall not 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:
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
dwelling unit, except that a minimum allowable height of 16 feet shall be
permitted. 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
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unit, including within its garage, basement, first story, or second story,
irrespective of existing building height.
J. Parking. Parking for accessory dwelling 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 Parkin
q g
1 space per unit or per bedroom,
whichever is less
Not Required
Existing parking spaces that are removed in conjunction with
Replacement Parking
the creation of an accessory dwelling unit (e.g., by demolition
or conversion of a garage) are not required to be replaced.
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" shall be required for an accessory
dwelling unit that is located on a parcel that is within (1) a walking 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. New 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.
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.
Page 5 of 22
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.
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. Associated Dwelling. The junior accessory dwelling unit shall be contained entirely
within a primary dwelling unit or a detached accessory dwelling unit utilizing one of
the allowable two bedrooms.
Page 6 of 22
C. Kitchen. The junior accessory dwelling unit shall contain an efficiency kitchen
satisfying the following the 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 or detached accessory dwelling unit.
E. Entrance. The junior accessory dwelling unit shall include an exterior entrance
separate from the main entrance to the primary dwelling unit or detached accessory
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 Multi -family Residential Properties
The following requirements and restrictions apply to creation of accessory dwelling units
on multi -family residential properties and shall supersede any provision to the contrary
within this Chapter.
A. Defined. For the purposes of this section, the term "multifamily dwelling structure"
shall have the same meaning as "Duplex," "Triplex," "Fourplex," and "apartment" as
defined by. Chapter 21.72 (Definitions).
B. Conversion of non -living areas. A minimum of one (1) accessory dwelling unit
and up to one (1) accessory dwelling unit for every four (4) dwelling units within a
multifamily dwelling structure may be created within existing non -livable space(s),
including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, provided that the dwellings comply with the California
Building Code.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than two (2) detached accessory dwelling units
may allowed subject to the standards, requirements, and restrictions of this Chapter.
21.23.060 — 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.
Page 7 of 22
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.
C. Height. A detached accessory dwelling unit shall be a maximum of sixteen 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.
21.23.070 — 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. Non -Conforming zoning conditions: The City shall not require the correction of
nonconforming zoning conditions to allow creation of an accessory dwelling unit or
a junior accessory dwelling unit.
C. Subdivision and sales. Except as provided as for by Government Code Section
65852.26, 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).
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
Page 8 of 22
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
sprinklers shall be required to the same extent as for construction of any other new
dwelling unit.
F. Certificates of Occupancy. A certificate of occupancy for an accessory dwelling
unit shall not be issued before a certificate of occupancy is issued for the primary
dwelling unit.
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 sixty (60) 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) 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. The 60-day period for processing
the application for the accessory dwelling unit or junior accessory dwelling shall tolled
during any delay requested by the applicant.
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.
Page 9 of 22
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 — Incentives and Promotion
Within the time period that may be prescribed by the Department of Housing and
Community Development, the City Council, by resolution, shall develop a plan that
incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low,
low-, or moderate -income households.
21.23.120 — 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 structure that is accessory and incidental to a
dwelling located on the same lot as defined in Section 21.72.020.A.
"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
and is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the primary dwelling unit or multifamily dwelling is or will be situated. An
accessory 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)
Page 10 of 22
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; (2) constructed as part of a
proposed primary dwelling unit; or (3) created from non -livable space of a
multifamily dwelling.
Figure 3.6(c)
Interior accessory dwelling unit
"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 to
an accessory dwelling unit or to construct a new accessory dwelling unit in the same
location and to the same dimensions as an existing accessory structure.
Page 11 of 22
"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 a single-family dwelling or detached
accessory dwelling unit. 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.'
"Floor area" means the total horizontal floor area in square feet 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 a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" means the required separation as defined in Section 21.72.020.S,
including the required distance between structures.
"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 (StFikeeut) 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):
Page 12 of 22
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;
6`:9.
Manufactured housing (subject to architectural
parameters of State Law);
&10.
Parks, public;
440-.11.
Residential care homes, small;
44-12.
Residential service facilities, small;
4-2-.13.
Satellite television or personal internet broadband
three feet in diameter);
4-3-.14.
Schools - K-12, public;
44:15.
Single-family dwellings;
44-.16.
Supportive housing;
46-.17.
Transitional housing.
requirements within the
dishes/antenna (less than
SECTION 9. R-D Zoninq 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 (etFikeeut 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;
23.
Duplexes;
3:4.
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,
9-.10.
Parks, public;
9-.11.
Residential care homes, small;
45:12.
Residential service facilities, small;
44-.13. 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;
45-.17. Transitional. housing.
Page 13 of 22
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 (fit) indicatingdeleted
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;
4. Duplexes;
4.5. Family child day care homes, small;
5.6. Garage/yard sales, private;
6-4. Groundwater recharge facilities;
�-8: Home occupations;
9. Junior accessory dwelling units
Parks, public;
511. Residential care homes, small;
4-0-12. Residential service facilities, small;
44.13. 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;
45-17. 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 (ctr�, t) indicating deleted text:
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:
2L.3: Apartments
3-.4. Duplexes;
4.5. Family child day care homes; small;
5.6. Garage/yard sales, private;
.6-7. Groundwater recharge facilities;
7--.8. Home occupations;
9. Junioraccessory dwelling units:
BA O. . Parks, public;
9-.11.. Residential care homes, small;.
49-. 12. Residential service facilities, small;
Page 14 of 22
44-.13. 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;
4 1.6. Supportive housing;
4417. Transitional housing.
SECTION 12. R-3 Zoninq 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 (stfikeeut) 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;
14. Duplexes;
4.5. Family child day care homes, small;
5-6. Garage/yard sales, private;
6J. Groundwater recharge facilities;
7-.8. Home occupations;
9. Junior accessory dwelling units
9-10. Libraries, public;
-9-.11. Parks, public;
441-12. 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;
44-16. Single-family dwellings;
4- 17. Supportive housing;
418. Transitional housing.
SECTION 13. P-D Zoning District Allowable Uses: Campbell Municipal Code Section
21.12.030.D (Allowable uses in the P-D zoning district) is.amended to read as follows with
underlining indicating new text and strikeouts (StFi Wit) indicating deleted text:
Allowable uses in the P-D zoning district. Any use. or development that is determined
to be consistent with the General Plan_ of the city may be approved in the planned
development zoning district, subject to the criteria established in subsection (G)(6) of this..
section. Development plans shall be approved either through an administrative planned
development permit, in compliance with subsection (G)(1) of this section, or by City Council
resolution or ordinance, in compliance with subsection (G)(9) of this section, except for
construction of an accessory dwelling unit unrelated to a proposed or approved planned,
rm
development peit which shall be 'approved- ministerially pursuant to Chapter 21.23
(Accessory. Dwelling Units). In order to aid.the City Council in- adoption of a resolution or
ordinance, the planning commission shall -also hold a public hearing and shall transmit its.
Page 15 of 22
findings and recommendations by resolution to the City Council. Establishment of'a liquor
establishments or a liquor store shall require approval of a conditional use permit pursuant
to the requirements of Chapter 21.46, (Conditional Use Permits).
SECTION 14. 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 (c+Fi�ut) indicating deleted text:
18.32.010 - Definition of "Scope of Work."
A project submitted as a "Remodel" or "Remodel and Addition," ora "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 15. 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 (st4 eGut) indicating deleted text:
F. Exceptions. The following exceptions apply to all lawfully constructed structures
except for detached accessory dwelling 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 22
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 16. Allowable Density: Table 2-1 of Section 21.040.020, is amended toread as
follows with underlining indicating new text and strikeouts (strikeeut) 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 or 9,000
Low Density Residential, Less than 4.5
square
square foot minimum lot size
d.u./gross acre
R-1-6
Single -Family, 6,000. square
Low Density Residential, Less than 6
foot minimum lot size
d.u./gross acre
Page 17 of 22
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./ ra oss acre
R-2
Multiple -Family
Medium Density Residential, 14-20
i d.u./ rg oss acre
R-3
Multiple -Family
High Density Residential, 21-27
d.u./ ross acre
Commercial Zoning Districts
P-O
Professional Office Professional Office
C-1
T Neighborhood Commercial ��-- Neighborhood Commercial
C-2
General Commercial General Commercial
C-3
Central Business District Central Commercial
Industrial Zoning Districts
C-M
Controlled Manufacturing
Research and Development
M 1
Light Industrial
Light Industrial
Special Purpose Zoning Districts
Condominium Planned
See Section 21.12.020 (C-PD
C-PD
Development
(Condominium Planned Development)
zoning district)
P-D
Planned Development
See Section 21.12.030 (P-D (Planned
Development) zoning district)
P-F
Public Facilities
Institutional
P-F/O-S I
Public Facilities/Open Space
Open Space
Overlay/Combining Districts
H
Historic Preservation
O
Overlay District
Notes:
(1) Accessory dwelling units and junior accessory dwelling 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 thev are
located.
Page 18 of 22
SECTION 17: 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
/drive -up service/drive-up window" and "Dry cleaning" to read as follows, with underlining
indicating new text:
SECTION 18: 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 19: 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 (c+ri4ts) indicating deleted text:
20.24.020 - Definitions.
(o) "Secondary living units" means apy—accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code eF apy Fecidential wRi+
of less than six hundred for-ty squaFe. feet whiGh is rleaFly SeqendaFy. to- the
rnasWr, FesidenGe-of less than -six huRdFed feF cnrc feed �n a 4. 6.
SECTION 20: 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 (Strike) 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 22
SECTION 21. Accessory structures: Campbell Municipal Code Section 21.36.020
(Accessory structures) is amended.to read as follows with underlining indicating new text.
and strikeouts (c+r�%1GW) 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 a -kitchen facilities. The number of allowed plumbing fixtures shall be
limited to two fixtures and may only include a toilet, sink, hot water heater orwashing
machine connection..EnGlesed workshops with cep r to eRtr nnec. rr. t allowed.
Workshops With, partial� bathrooms must be, epes te the Fest ef the GtFUGtWFe b
least c six feet opening- The community development director may�ghall 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 an"etached 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 reauimments
in L;.napter 17.13 (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 shallnot 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 ergpFivate gafage-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 22
SECTION 22. Delayed Enforcement: New Chapter 18.30 (Delayed Enforcement) is hereby
added to Title 18 (Building Codes and Regulations) of the Campbell Municipal Code to
read as follows:
18.30.10 — Adoption
(a) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, the Building Official, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay
enforcement of a building standard for five years, subject to compliance with Section
17980.12 of the Health and Safety Code if:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, if the City
of Campbell, at the time the accessory dwelling unit was built, had a
noncompliant accessory dwelling unit ordinance (as determined by the
Department of Housing and Community Development), but the ordinance is
compliant at the time the request is made.
(b) The Building Official shall deny the application for delay if the Building Official
determines that correcting the violation is necessary to protect health and safety.
18.30.20 — Notice
If a property owner exercises the delay in enforcement provided for by this Chapter,
the Building Official shall record a "Notice of Delayed Enforcement" on the title of the
subject property with the County Clerk -Recorder that shall identify the deficiencies of the
accessory dwelling unit and the termination date of the enforcement delay.
18.30.30 — Termination
The Building Official shall not approve any applications pursuant to this Chapter on
or after January 1, 2030. However, any delay that was approved by the Building Official
before January 1, 2030, shall be valid for the full term of the delay that was approved at
the time of the initial approval of the application.
SECTION 23: 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.
Page 21 of 22
PASSED AND ADOPTED this 19th day of November, 2019 by the following roll call
vote:
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
It )OA411
Wendy od, City Clerk
Page 22 of 22
APPROV
Richard M. Water an, Mayor