Loading...
PC Res 4635 RESOLUTION NO. 4635 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT (1) AN ORDINANCE TO ADD NEW CHAPTER 21.25 (TWO- UNIT HOUSING DEVELOPMENTS) AND CHAPTER 20.14 (URBAN LOT SPLITS) TO THE CAMPBELL MUNICIPAL CODE TO IMPLEMENT SENATE BILL NO. 9 AND AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO THE REGULATION OF ACCESSORY DWELLING UNITS (ADUS); (2) AN AMENDMENT TO THE CAMPBELL VILLAGE NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE THE PROPOSED SB-9 IMPLEMENTATION PROVISIONS; AND (3) A GENERAL PLAN AMENDMENT TO THE SAN TOMAS AREA NEIGHBORHOOD PLAN TO INCORPORATE BY REFERENCE THE PROPOSED IMPLEMENTATION SB-9 PROVISIONS. FILE NO. PLN-2021-187 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 PLN-2021-187: 1. Senate Bill No. 9 (2021) requires ministerial approval of a housing development of no more than two units in all single-family zones (proposed housing development), the subdivision of a parcel zoned for residential use into two parcels (urban lot split), or both, pursuant to Section 65852.21(j) and Section 66411.7(n) of the California Government Code. 2. The proposed ordinance would adopt a Zoning Code Amendment to add new Chapter 21.25 (Two-Unit Housing Developments) and Chapter 20.14 (Urban Lot Splits) to the Campbell Municipal Code to implement Senate Bill No. 9 (SB-9) and amend various other sections of the Municipal Code pertaining to the regulation of accessory dwelling units (ADUs). 3. The proposed Area Plan Amendment would amend the Campbell Village Neighborhood Plan to make reference to newly adopted Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, to allow for two-unit housing developments and urban lot splits, respectively, as required by Senate Bill No. 9 (SB-9). 4. The proposed General Plan Amendment would amend the San Tomas Area Neighborhood Plan, adopted within Appendix A1 (Area Plans and Special Project Areas) of the Campbell General Plan, to make reference to newly adopted Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, to allow for two-unit housing developments and urban lot splits, respectively, as required by Senate Bill No. 9 (SB-9). 5. The amendments would be consistent with the following General Plan policies and strategies by incorporating objective standards that aim at reducing the tradeoffs associated with increasingly dense development within the community: Planning Commission Resolution No. 4635 PLN-2021-187 – SB-9 Implementation Recommendation Page 2 Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Strategy LUT-5.2b: Residential Design Guidelines: Adopt design guidelines for new construction and remodeling of all residential structures. Design guidelines should include provisions for height, bulk, setbacks and garage placement so that new construction is compatible with existing neighborhood patterns. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. 6. By adopting a local implementing ordinance for SB-9, the City will provide a predicable pathway to development of single-family properties in furtherance of Housing Element Policy H-5.4 and Program H-5.4a, below, which directs the City to maintain the Municipal Code up-to-date with State legislation. Policy H-5.4: Ordinance Updates: Update the Municipal Code as needed to comply with changes to State Law and local conditions relating the housing production and affordability. Program H-5.4a: Periodic Ordinance Amendments: Update the Municipal Code as needed to comply with changes to State Law and local conditions/needs. Implementation Objective: Initiate and complete the amendment process to comply with the new requirements within 12 months of being notified of the requirement 7. The proposed amendments to the City's ADU ordinance are intended to reduce existing barriers to construction. As such, these changes would be furtherance of Housing Element Policy H-5.3 and Program H-5.3a, which encourages the City to facilitate the construction of ADUs. Policy H-5.3: 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. Planning Commission Resolution No. 4635 PLN-2021-187 – SB-9 Implementation Recommendation Page 3 Implementation Objective: The City will facilitate the construction of new secondary dwelling units by making information available to the public. 8. The amendments are consistent with applicable legislation adopted by the State of California while maintaining locally appropriate standards for the construction. 9. 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. 10. Review and adoption of this General Plan Amendment is done in compliance with California government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: General Plan Amendment (CMC 21.60.070.A): 1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; Zoning Code Amendment (CMC 21.60.070.B): 3. The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, area plans, neighborhood plans, and specific plan; 4. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; 5. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code; and Environmental Findings (CMC Sec. 21.38.050): 6. Adoption of the proposed amendments are not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9, as well as 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. Planning Commission Resolution No. 4635 PLN-2021-187 – SB-9 Implementation Recommendation Page 4 THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council: (1) Adopt the attached Ordinance (reference Exhibit A). (2) Adopt a General Plan Amendment to the San Tomas Area Neighborhood Plan to incorporate by reference the proposed City-wide SB-9 standards, by adding a new Land Use Policy 'A-1' (Two-Unit Housing Developments and Urban Lot Splits) as follows: • A new Land Use Policy 'A-1' (Two-Unit Housing Developments and Urban Lot Splits) is added between Land Use Policy 'A' (Relationship to Municipal Code) and 'B' (Setbacks), as follows: A-1. Two-Unit Housing Developments and Urban Lot Splits Two-Unit Housing Developments and Urban Lot Splits shall be permitted in accordance with Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, respectively, which shall prevail over any provision to the contrary contained within the San Tomas Neighborhood Plan. (3) Adopt an Amendment to the Campbell Village Neighborhood Plan to incorporate by reference the proposed City-wide SB-9 standards, by adding a new Land Use Standard 'C-1' (Two-Unit Housing Developments and Urban Lot Splits) and amending Land Use Standard Section D.6 (Accessory Structures and Accessory Dwelling Units), as follows: • A new Land Use Standard 'C-1' (Two-Unit Housing Developments and Urban Lot Splits) is added between Land Use Standard 'C' (Relationship to Municipal Code) and 'D' (Residential Development Standards), as follows: C-1. Two-Unit Housing Developments and Urban Lot Splits Two-Unit Housing Developments and Urban Lot Splits shall be permitted in accordance with Chapter 21.25 and Chapter 20.14 of the Campbell Municipal Code, respectively, which shall prevail over any provision to the contrary contained within the Campbell Village Neighborhood Plan. • Land Use Standard Section D.6 (Accessory Structures and Accessory Dwelling Units) is amended to add the text identified with an underline, as follows: 6. Accessory Structures and Accessory Dwelling Units Accessory structures shall be permitted in accordance with Section 21.36.020 of the Campbell Municipal Code, except that the rear setback shall be limited to the greater of five feet or one half the height of the building wall. Accessory dwelling units shall be permitted in accordance with Chapter 21.23 of the Campbell Municipal Code Planning Commission Resolution No. 4635 PLN-2021-187 – SB-9 Implementation Recommendation Page 5 PASSED AND ADOPTED this 22nd day of March, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Zisser, Krey, Buchbinder NOES: Commissioners: Ostrowski, Kamkar ABSENT: Commissioners: Ching ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Acting Chair ATTEST: Rob Eastwood, Secretary Resol 4635 ~ SB-9 Recommendation Final Audit Report 2023-04-14 Created:2023-04-14 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAe_vQGs8NIprY_dik1YWkbhC8xKKadCXA "Resol 4635 ~ SB-9 Recommendation" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-04-14 - 5:20:33 PM GMT Document emailed to abuchbinder@google.com for signature 2023-04-14 - 5:21:35 PM GMT Email viewed by abuchbinder@google.com 2023-04-14 - 5:21:46 PM GMT Signer abuchbinder@google.com entered name at signing as Adam Buchbinder 2023-04-14 - 5:22:10 PM GMT Document e-signed by Adam Buchbinder (abuchbinder@google.com) Signature Date: 2023-04-14 - 5:22:12 PM GMT - Time Source: server Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-04-14 - 5:22:15 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2023-04-14 - 5:45:58 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-14 - 5:46:25 PM GMT - Time Source: server Agreement completed. 2023-04-14 - 5:46:25 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.