PC Res 4531RESOLUTION NO. 4531
BEING A RESOLUTION OF THE PLANNING COMMISSION OF .THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN AMENDMENT TO THE CAMPBELL VILLAGE
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 proposed Area 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 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. 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 draft Area 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.
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.
Planning Commission Resolution No. 4531
PLN2017-375 — Recommending Approval a Neighborhood Plan Amendment Page 2
6. 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.
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; 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 Planning Commission recommends that the City
Council adopt 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'h 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
• AsGesseFy dwelli„g Unit.6
• Accessory structures
Planning Commission Resolution No. 4531
PLN2017-375 — Recommending Approval a Neighborhood Plan Amendment Page 3
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,
The maximum building height for an accessory structure in the R-1-6 or R-1-8 zoning district shall
be 14-feet. The mwimiim height for a deta+hed aGGessery duelling unit in the R_1_6 or R_1_8
zc
PASSED AND ADOPTED this 8th day of October, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners: Buchbinder, Ching, Krey,-Rivlin
Commissioners:
Commissioners:
Commissioners: Hines, Ostrowski
APPROVED:
ATTEST:
Paul Kermoyan, Secretary