Ordinance 2291 - Adopting Urgency Revisions to Title 21 related to Accessory Dwelling UnitsOrdinance No. 2291
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ADOPTING URGENCY REVISIONS TO TITLE 21
RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO CONFORM WITH RECENT STATE
LEGISLATION (AB-2221 AND SB-897). FILE NO.: PLN-2022-166
WHEREAS, on September 28, 2022, the Governor of the State of California signed
into law Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk -Silva), which
combined, amended Government Code Sections 65852.2 and 65852.22, and created
Section 65852.23, and amended Health and Safety Code Section 17980.12, pertaining
to the creation of accessory dwelling units and junior accessory dwelling units, and which
took effect January 1, 2023.
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage of SB-897 (Wieckowski) and AB-2221 (Quirk -Silva) in that
the City's local accessory dwelling unit ordinance is no longer consistent with Government
Code Sections 65852.2 and 65852.22 as of January 1, 2023, rendering the City's
ordinance null and void, thereby limiting the City to applying the few default statutory
standards provided in the aforementioned Government Code sections for the approval of
accessory dwelling units and junior accessory dwelling units.
WHEREAS, the City is undertaking a study to develop permanent zoning
standards to conform its current zoning code provisions to conform to the changes in the
State law, which shall be completed within a reasonable time, not to exceed 23 months
from the adoption of this interim ordinance.
WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent
zoning standards implementing State law.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action
to adopt urgency measures as an interim ordinance.
WHEREAS, the approval of accessory dwelling units and junior accessory dwelling
units based solely on the few default statutory standards of the California Government
Code, without local regulations governing height, setback, landscape, and architectural
review, among other things, would threaten the character of existing neighborhoods,
negatively impact property values, personal privacy, fire safety, and create confusion that
would hinder the creation of accessory dwelling units and junior accessory dwelling units
within the community.
WHEREAS, in consideration of the foregoing findings, the City Council further finds
that there is a current and immediate threat to the public health, safety, or welfare, justify
adoption of this interim ordinance on an urgency basis to be effective immediately upon
adoption by a four -fifths vote of the City Council.
WHEREAS, adoption of this interim 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.
WHEREAS, the City Council finds and determines that the proposed interim
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE): This interim ordinance adopts urgency revisions to Chapter
21.23 (Accessory Dwelling Units) of the Campbell Municipal Code for consistency with
Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk -Silva).
SECTION 2 (APPLICABILITY): This interim ordinance is applicable to the creation of
accessory dwelling units and junior accessory dwelling units, including such units that are
created as part of a "SB-9 proposed housing development" pursuant to Chapter 21.25
(Two -Unit Housing Developments).
SECTION 3 (URGENCY REVISIONS): Chapter 21.23 (Accessory Dwelling Units) of the
Campbell Municipal Code is hereby amended as set forth. Additions are indicated by
underlined text and deletions are indicated by strikethrough (stFikethrough4 text.
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).
( Ord. No. 2252 , § 7, 11-19-2019)
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
Page 2 of 18
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 at least 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: inclusive of detached
small -lot single-family dwellings, 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 except as provided by Section 21.23.065 (Special Provisions for
Statewide Exemption Accessory Dwelling Units):
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. Open space. Creation of an accessory dwelling unit shall not reduce the required
open space to less than that 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 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 (Zoning Districts and General Plan Designations).
EXGeptiGR—AGGesseFy dwelling units that are eight hundred square foot eF
,;Mall � hn� Ae(_QR feet may the Fequired neon
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
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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 (Zoning Districts and General Plan Designations).
E. Setbacks. An accessory dwelling unit shall conform to the setback standards
specified by Table 3-1 below. -
Table 3-1 — Setback Standards
Require ent 2
Setback (1)
Detached ADUs
Interior and
Attached ADUs
The same standard as
Front
for the primary dwelling
Property Line
unit
The same standard as
Setbacks
for the primary dwelling
Interior Sides
4 feet
unit
Rear
Street Side
12 feet
If located in front of the
primary dwelling unit
10 feet
If located behind the
Separation from
Primary Dwelling Unit
primary dwelling unit
Not applicable
If located to the side of
the primary dwelling
5 feet
unit
If located in front of the
Separation from
accessory structure
10 feet
As specified by Section
If located behind the
Accessory
21.36.020 (Accessory
Structure(s)
accessory structure
structures)
If located to the side of
5 feet
the accessory structure
Exceptions:
(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend
into required setbacks and building separation distances as specified Section 21.18.040.13.1.
(2) 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.
F=XGept for dwelliRg that aFe RE) IaFger than eight hundFed square feet and no tal
(3) aGGeGSGP� 6IRitS .
than 16 feet, be separated fre.m. ether strun-tures only to the extent that may be required
whiGh shall -lay
the building or fire, c.ed_e.
F. Minimum living area. The minimum living area for all accessory dwelling units
shall be one hundred fifty square feet, subject to the restrictions specified by
Health and Safety Code Section 17958.1.
Page 4 of 18
G. Maximum size. The maximum floor area for a detached accessory dwelling unit
shall be one thousand two hundred square feet, except for a unit contained
within the existing space of an accessory structure, which is limited to the
existing size of the accessory structure. The maximum living area for an attached
or interior accessory dwelling unit shall not exceed fifty percent of the living area
of the primary dwelling unit, except that a minimum allowable living area of eight
hundred and fifty square feet shall be permitted.
H. Allowable rooms.
three bathFeems and three bedrGems (defiRed as a habitable reern with aR aFea
RGt less than seveRty square feet as deSGFibed by Galiferpia R-IffildiRg Cede
An accessory dwelling unit shall afso contain ne
kitchen facility, acid -no more than one living room (defined as a habitable room
with an area not less than one hundred twenty square feet as described by
California Building Code Section 1208.1), and at least one bathroom with bathing
and sanitary facilities.
square feet shall be permitted URless they are fully interior within the aGGesseFy
dwelling unit without any exteFioF walls fFc)m i0thir--h �Ni.nd_OWS GGWld be Greated.
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 existing or proposed 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
6ixteen eighteen feet shall be permitted, with an additional two feet in height
permitted if necessary to align the roof pitch with the roof pitch of the existing
or proposed primary 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. The height of an attached
accessory dwelling unit shall not exceed that specified by the applicable
zoning district and/or area or neighborhood plan.
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.
Parking. Parking for accessory dwelling shall be provided in compliance with this
section.
Page 5 of 18
..
1. Parking requirement. No parking spaces are required for creation of an
accessory dwelling unit or junior accessory dwelling unit. Existing parking
spaces that are removed (in whole or in part) to allow for the creation of an
accessory dwelling unit or junior accessory dwelling unit (e.g., by demolition
or conversion of a garage) are not required to be replaced.
2. Parking configuration. New parking spaces that are voluntarily created to
serve an accessory dwelling unit or junior accessory dwelling unit 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 6 of 18
e. Requi Uncovered parking s-taI16 spaces may be designed to allow
vehicles to back out onto an abutting public street provided that the
street is classified as "local street" by the General Plan roadway
classification diagram.
K. Obiective 9design standards. The design of accessory dwelling units shall
conform with the following obiective design standards, except as provided by
Section 21.23.065 (Special Provisions for Statewide Exemption Accessory
Dwellina Units):
1. Detached accessory dwelling units. Detached accessory dwelling units
larger than eight hundred square feetsixteen feet, 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), wainscot, 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.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 12-14, 24-26, 28, 8-16-2022)
Page 7 of 18
21.23.040 Junior Accessory Dwelling Unit Development Standards.
Ajunior accessory dwelling unit shall be constructed only on a parcel developed with
no more than one single-family dwelling and in accordance with the following
development standards:
A. Maximum floor area. The junior accessory dwelling unit shall not exceed five
hundred square feet in area. The occupied floor area shall be within the
allowable floor area of a primary dwelling unit or detached accessory dwelling
unit, as specified by Section 21.23.030.D (Floor area ratio and lot coverage).
B. Associated dwelling. The junior accessory dwelling unit shall be contained
entirely within an existing or proposed primary dwelling unit (including within an
existing attached garage) or detached accessory dwelling unit utilizing on
the allowable throe heGIFOGMC
C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an
efficiency kitchen.
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 -,Av+t# aAn interior entry into the main living area of the
associated primary dwelling unit or detached accessory dwelling unit shall be
provided if the junior accessory dwelling unit does not have a separate
bathroom. The main living area shall mean a living room, family room, or a
hallway leading to the living room or family room of the associated primary
dwelling unit or detached accessory dwelling unit.
u n-i .
F. Parking. No parking shall be required for a junior accessory dwelling unit.
G. Owner occupancy required. A property with a junior accessory dwelling unit shall
be occupied by the property owner, who shall reside in either the junior
accessory dwelling unit or the primary dwelling unit. The community
development director shall may recordation of a deed restriction
documenting this restriction prior to issuance of a building permit.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 8, 8-16-2022)
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, except as provided by Section 21.23.065 (Special Provisions
for Statewide Exemption Accessory Dwelling Units)::
A. Defined. For the purposes of this section, the term "multifamily dwelling
structure" and "multifamily dwelling" shall have the same meaning as "Duplex,"
Page 8 of 18
"Triplex," "Fourplex," and "apartment" as defined by Chapter 21.72 (Definitions).
Multiple multifamily dwelling structures located on a single lot shall be considered
collectively as a single multifamily dwelling for the purposes of this section.
B. Conversion of existing non -living areas. A minimum of one accessory dwelling
unit and up to one accessory dwelling unit for every four dwelling units within a
existing multifamily dwelling structured may be created within existing non -
livable space(s), including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, carports, or garages, provided that the
dwellings comply with the California Building Code. Accessory dwelling units
created through this provision shall not be expanded in any manner, except to
allow an entry area for ingress and egress no greater than one hundred fifty
square feet. Creation of additional living area within the existing building
envelope (i.e., mezzanine), including an increase in building up to eighteen feet
to allow for dormer(s),_shall not be considered an expansion provided that t-4e
each such accessory dwelling unit does not exceed eight hundred square feet.
C. Detached accessory dwelling units. In addition to the accessory dwelling units
allowed by subsection B, not more than two detached accessory dwelling units
may allowed subject to the standards, requirements, and restrictions of this
Chapter on a lot with an existing or proposed multifamily dwelling. The accessory
dwellings units may be detached from each other or may be connected in a side -
by -side or front -to -back configuration or stacked with one unit located atop of the
other unit forming a two-story structure not exceeding the maximum building
height specified by Section 21.23.030.1 (Maximum height and stories).
D. If the existing multifamily dwelling has a rear or side setback of less than four
feet, the City shall not require any modification of the existing multifamily
dwelling(s) as a condition of approving the application to construct an accessory
dwelling unit that satisfies the requirements of this section.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 16, 8-16-2022)
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, except as provided by Section 21.23.065
(Special Provisions for Statewide Exemption Accessory Dwelling Units):
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 s+xteee
eighteen 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 sFthe same wall cladding,
Page 9 of 18
trim detail, roofing material, wainscot, building color(s), window frames/trim and
divisions, and the predominant roof form and roof pitch.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)
21.23.065 Special Provisions for Statewide Exemption Accessory Dwelling Units
This section provides exceptions to the requirements of this Chapter pursuant to
Government Code Section 65852.2, as interpreted by the California Department of
Housina and Communitv Development.
A. Applicability. This section applies to statewide exemption accessory dwelling units
as defined, below. This section shall not be construed as to allow an exceedance
of development standards for any other type or form of accessory dwelling unit.
B. Defined. A statewide exemption accessory dwelling unit is an attached or
detached accessory dwelling unit no larger than 800 square feet in floor area,
inclusive of garage area, with rear and interior side setbacks in compliance with
Table 3-1. and a heiaht not exceedina 18-feet.
C. Exemptions. Statewide exemption accessory dwelling units are exempt from the
otherwise required (1) front setback, (2) building separation, (2) floor area ratio, (3)
lot coverage, (4) open space, and (5) design requirements specified by Section
21.23.030 (Accessory dwelling unit development standards) and the design and
placement requirements specified by Section 21.23.060 (Special provisions for
historic properties), except that the exemption to the front setback for an attached
accessory dwelling unit shall only apply to that portion of the primary dwelling unit
occupied by the accessory dwelling unit. All other standards, requirements, and
restrictions of this Chapter shall continue to apply.
D. Review. An application for a statewide exemption accessory dwelling unit shall
also be exempt from any requirement for a zoning clearance or separate zoning
review as otherwise reauired by Section 21.23.080 (Approval process).
E. Restriction. A statewide exemption accessory dwelling unit permitted under this
section shall not be expanded in size beyond 800 square feet in floor area,
including attachment of a garage or other uninhabitable space. The community
development director may require recordation of a deed restriction documenting
this restriction.
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:
Page 10 of 18
A. Short-term rentals. Leases for durations of less than thirty days, including short-
term rentals are prohibited. The community development director shallmay
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 nor use the existence of non -conforming
zoning conditions as a basis to deny a permit for an accessory dwelling unit or
a iunior accessory dwellina unit.
C. Existing violations. The City shall not deny an application for a permit to create
an accessory dwelling unit or a junior accessory dwelling unit due to existing
building code violations, including the presence of unpermitted structure(s) that
are not affected by the construction of the accessory dwelling unit, junior
accessory dwelling unit, unless such violations present a threat to public health
and safety as determined by the building official.
OD. Subdivision and sales. Except as provided as for by Government Code Section
65852.26, and as may be allowed by Chapter 20.14 (Urban Lot Splits), 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 s4a4—may require recordation of a deed restriction
documenting these restrictions prior to issuance of a building permit.
BE. 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).
€F. Building and fire code. Accessory dwelling units and junior accessory dwelling
units shall comply with all applicable Building and Fire Codes as
adopted in Title 18 (Building Codes and Regulations) and Title 17 (Fire
Protection), respectively, except that the Building Official and Fire Chief shall not
require installation of fire sprinklers for an accessory dwelling unit if they would
otherwise not be required for the primary dwelling unit nor shall the creation of
an accessory dwelling unit require installation of fire sprinklers in the primary
dwelling unit. However, Iif 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 sprinklers shall be required to the
same extent as for construction of any other new dwelling unit.
Construction of an accessory dwelling unit shall not constitute a Group R
occupancy change under the building code, as described in Section 310 of the
California Building Code (Title 24 of the California Code of Regulations), unless
the building official makes a written finding based on substantial evidence in the
record that the construction of the accessory dwelling unit could have a specific,
adverse impact on public health and safety. This limitation shall not preclude the
building official from requiring a change of occupancy for an unhabitable space
Page 11 of 18
or a space only permitted for nonresidential use that is proposed to be converted
to an accessory dwelling unit and junior accessory dwelling unit.
G. 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.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.080 Approval Process.
The following procedures govern the review of proposed accessory dwelling units
and iunior accessory dwelling units consistent with the provisions of this Chapter.
A. Ministerial review. The City shall Issueaeither approve or deny concurrent
applications for a ministerial building permit in compliance with Title 18 (Building
Code) and a Zoning Clearance in compliance with Chapter 21.40 (Zoning
clearances), for an accessory dwelling unit or junior accessory dwelling unit that
, within
sixty days of submittal of a complete building permit application. If the permit
application to create an accessory dwelling unit or junior accessory dwelling unit is
submitted in conjunction with a permit application to create a new single-family
dwelling unit or multifamily dwelling on the same lot, the City may delay ac4j-Rg
approving or denyingea the permit application
until the permo inn agenn., City acts on the permit application to create the new
single-family dwelling unit or multifamily dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall still be considered
ministerially without discretionary review or a public hearing. A simple depiction of
an accessory dwelling unit or iunior accessory dwelling unit on a site plan
submitted for an application for a new single-family dwelling unit or multifamily
dwellina shall not be construed as subiectina the accessory dwellina unit or iunior
accessory dwellina unit to discretionary review or a public hearina.
B. Other land use permits. Notwithstanding the foregoing, and except as provided in
Section 21.23.65 (Statewide Exemption Accessory Dwelling Units), 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 sixty-
day period for processing the application for the accessory dwelling unit or junior
accessory dwelling shall be tolled during any delay requested by the applicant.
C. Garage demolition: A demolition permit for a detached garage that is to be
replaced with or converted to an accessory dwelling unit be reviewed with the
application for the accessory dwelling unit and issued at the same time.
Page 12 of 18
D. Denial. If the Citv denies an application for a buildina permit and/or Zonin
Clearance for an accessory dwelling unit or junior accessory dwelling prior to the
conclusion of the sixty day review period, the City shall return in writing a full set
of comments to the applicant with a list of items that are defective or deficient and
a description of how the application can be remedied by the applicant.
E. Failure to act: If the City fails to approve or deny an application for building permit
and/or Zoning Clearance for an accessory dwelling unit or junior accessory
dwelling prior to the conclusion of the sixty day review period, the application shall
be deemed approved.
F. Appeals. Denial of a permit on the basis of a health and safety matter where
authorized by this Chapter may be appealed to the Building Board of Appeals
pursuant to Chapter 2.37 (Building Board of Appeals).
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 17, 8-16-2022)
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 requirements:
A. Requirement. Twenty percent 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 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.
( Ord. No. 2252 , § 7, 11-19-2019)
21.23.100 Unpermitted Accessory Dwelling Units
This section provides a mechanism to legalize unpermitted accessory dwelling in
compliance with Government Code Section 65852.23.
A. Applicability. This section applies to accessory dwelling units that were unlawfully
constructed prior to January 1. 2018. and that have not been deemed substandard
pursuant to Section 17920.3 of the Health and Safetv Code by the buildina official.
Page 13 of 18
The community development director may determine construction date by any
credible means warranted, including use of aerial photography, county records,
photographs, and signed affidavits.
B. Defined. An unpermitted accessory dwelling unit means a dwelling unit that was
created through the construction of a new structure or expansion of an existing
structure without the benefit of a building permit (at a time when a building permit
was required) and that cannot be otherwise legalized because it does not comply
with development standards provided in this Chapter.
C. Relief. The City shall not deny a permit to legalize an unpermitted accessory
dwelling solely due to non-compliance with the development standards of this
Chapter. All other requirements and restrictions provided in Section 21.23.070
General Requirements and Restrictions) shall continue to apply.
D. Approval. An unpermitted accessory dwelling unit may be legalized in compliance
with Section 21.23.080 (Approval Process).
E. Restriction. An accessory dwelling unit authorized under this section shall not be
permitted to exercise the setback exception for non -conforming structures
provided for in Section 21.58.050.E (Exceptions). Any expansion of the accessory
dwelling unit shall conform to all applicable development standards specified by
Section 21.23.030 (Accessory Dwelling Unit Development Standards). The
community development director may require recordation of a deed restriction
documenting this restriction.
F. Enforcement. A property owner who makes known to the City the existence of an
unpermitted accessory dwelling unit but who fails to obtain or finalize a building
permit or to secure a delay in enforcement pursuant to Chapter 18.30 (Delayed
Enforcement), shall be subject to penalties as specified by Chapter 21.70
(Enforcement).
G. Exception. The City may deny a permit to legalize an unpermitted accessory
dwelling unit and instead require correction of the violation(s) if the building official
makes a finding that correcting the violation(s) is necessary to protect the health
and safety of the public or occupants of the structure.
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.
( Ord. No. 2252 , § 7, 11-19-2019)
Page 14 of 18
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).
"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
Page 15 of 18
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 that
has been accepted for review by the City, comprising all required drawings, details, and
calculations as specified by the applicable application checklist, including those
necessary to determine the appropriate scope of work pursuant to Chapter 18.32
(Determination of scope of work), and a beLlR,daFy suFvey if Fequire d to verify paFGel
sand remittance of plan review fees. "��eea�4ea�ed�e���.��^z.;:
an appropriate individual upon payment of the ReGessary 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.
"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.
"Efficiency kitchen" means a cooking facility for a junior accessory dwelling unit which
contains a sink, food preparation counter, food storage cabinet, and electrical circuitry
suitable for common kitchen appliances.
"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 five
hundred square feet in size and contained entirely within an existing or proposed single-
family dwelling or detached accessory dwelling unit. A junior accessory dwelling unit may
Page 16 of 18
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, and as further defined in Section
21,25.030.
"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.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 10, 11, 8-16-2022)
SECTION 4 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of
this interim ordinance is for any reason held to be invalid or unconstitutional by a decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the interim ordinance. The City Council hereby declares that it would
have passed this interim ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5 (STATE LAW). Any provision of this interim ordinance which is inconsistent
with Government Code Section 65852.2, Section 65852.22, or Section 65852.23, shall
be interpreted in a manner which is the most limiting on the ability to create an accessory
dwelling unit or junior accessory dwelling unit, but which is consistent with State law. The
provisions of this interim ordinance shall supersede and take precedence over any
inconsistent provision of the Campbell Municipal Code to that extent necessary to effect
the provisions of this interim ordinance for the duration of its effectiveness.
Page 17 of 18
SECTION 6 (PUBLICATION): The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its
adoption in accordance with Government Code Section 36933.
SECTION 7 (EFFECTIVENESS): This interim ordinance shall become effective on
February 7, 2023, for a period of 45 days, unless extended by the City Council.
PASSED AND ADOPTED this 7th day of February, 2023 by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
�_ �r
11: "-",a
Andrea Sandirs, City Clerk
Page 18 of 1S
APPROVED:
Anne Bybee, Mayor