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Ordinance 2299 - Interim Ordinance to Adopt Urgency Revisions to Title 21 Related to (ADUs) Ordinance No. 2299 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 COMPLIANCE FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD). WHEREAS, on June 30, 2023, the City of Campbell received a letter from the California Department of Housing and Community Development (HCD) providing written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's accessory dwelling unit ordinance that do not comply with State law; WHEREAS, on July 27, 2023, the Community Development Director transmitted a letter in response to HCD's written findings, within the 30-day period provided by the statute, acknowledging a need to amend the City's accessory dwelling unit ordinance, and requesting additional clarification and information; WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet to receive a written response from the HCD regarding the requested additional clarification and information; WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the HCD's written findings in that the City's local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22, 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 development permanent zoning standards to conform its current zoning code provisions to conform to the HCD's written findings, 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) and related sections of the Campbell Municipal Code in compliance written findings provided by the California Department of Housing and Community Development (HCD). 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): 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 ( 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 Page 2 of 24 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 aAccessory dwelling units pursuant to this Chapter may be constructed on parcels satisfying all of the following minimum standards: A. Zoning district. A parcel located within a residential or mixed-use zoning district as specified by Chapter 21.08 (Residential zoning districts) and Chapter 21.11 (Mixed-used districts), respectively, 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 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 and townhouses, 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. 21.23.022 Maximum Number of Accessory Dwelling Units Permitted on Single- Family Residential Properties. Any of the following accessory dwellings units on single-family residential properties are allowed by this Chapter: A. Standard accessory dwelling units. Any one (1) of the following accessory dwelling units per lot may be created with a proposed or existing single-family dwelling: 1 . Interior accessory dwelling unit; or 2. Attached accessory dwelling unit; or 3. Detached accessory dwelling unit. Page 3 of 24 B. Statewide Exemption Accessory Dwelling Unit. In addition to the above, a property with an existing or proposed single family dwelling may additionally construct or create one (1) of the following types of accessory dwelling units in accordance with Section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit: 1. Interior accessory dwelling unit; or 2. Detached accessory dwelling unit. 21.23.025 Maximum Number of Accessory Dwelling Units Permitted on Multi-Family Residential Properties. Any of the following accessory dwellings units on multi-family residential properties are allowed by this Chapter: A. Standard accessory dwelling units. A multi-family residential property with an existing or proposed multi-family dwelling can construct or create either or both of the following types of accessory dwelling units in accordance with Section 21.23.050 (Special Provisions for Multi-family Residential Properties). 1. Detached accessory dwelling unit. A maximum of two (2) detached accessory dwelling units are allowed on a lot that has an existing or proposed multifamily dwelling subject to the standards, requirements, and restrictions of this Chapter. 2. Interior accessory dwelling unit. A minimum of one (1) accessory dwelling unit and up to one (1) accessory dwelling unit for every four (4) dwelling units within an existing multifamily dwelling structure(s) are allowed to be created by the conversion of 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. B. Statewide Exemption Accessory Dwelling Unit. A property with an existing or proposed multi-family dwelling can construct or create one (1) of the above types of accessory dwelling units in accordance with Section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit. 21.23.027 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 Housing and Community 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 Page 4 of 24 exceedance of development standards for any other type or form of accessory dwelling unit. A parcel eligible for an accessory dwelling unit under Section 21.30.020 (Minimum Standards for Eligibility) can exercise this section to develop one (1) statewide exemption accessory dwelling unit. All other accessory dwelling units must adhere to the standards specified in the remaining sections of this chapter. B. Defined. A statewide exemption accessory dwelling unit is an attached, detached, or interior accessory dwelling unit with living area no larger than eight hundred (800) square feet, with rear and interior side setbacks not less than four (4) feet, and height not exceeding: 1. Detached accessory dwelling units. Eighteen (18) feet; or 2. Attached or interior accessory dwelling units. Twenty-five (25) feet or the height limitation of the applicable zoning district, which ever is lower. C. Exemptions. Statewide exemption accessory dwelling units shall be exempt from the following development standards and requirements: 1. With proposed or existing primary dwelling. Except as set forth in subparagraphs 2.a through 2.c below, a statewide exemption accessory dwelling unit on a lot with a proposed or existing primary dwelling shall be exempt from all development standards that would otherwise be required by this Title; 2. Development and design standards. The otherwise required (1) front setback, (2) building separation, (3) floor area ratio, (4) lot coverage, (5) open space, and (6) design requirements specified by Section 21.23.030 (Accessory dwelling unit development standards), or (6) any unit size requirements other than set forth in this section shall not apply, except as follows: a. To ensure adequate site visibility for pedestrian and vehicular safety, a statewide exemption accessory dwelling unit shall not be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens). b. In no circumstance shall a statewide exemption accessory dwelling unit be placed within an existing sidewalk or public utility easement. c. When a statewide exemption accessory dwelling unit is attached to a primary dwelling unit or to a garage or carport, these exemptions shall only apply to that portion of the structure that is occupied by the living area of the accessory dwelling unit. 3. Historic properties. The design and placement requirements specified by Section 21.23.060 (Special provisions for historic properties) shall not apply. Page 5 of 24 4. Tree preservation. The tree preservation requirements of Chapter 21.32 (Tree Protection Regulations) shall not apply when the critical root zone of a protected tree is located within the building footprint of a statewide exemption accessory dwelling unit. 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 required by Section 21.23.080 (Approval process). E. Restriction. A statewide exemption accessory dwelling unit permitted under this section shall not be allowed to expand the living area beyond 800 square feet, unless and until all of the provisions of this Chapter that apply to accessory dwelling units that do not qualify as a Statewide Exemption Accessory Dwelling unit have been satisfied. The community development director may require recordation of a deed restriction documenting this restriction. 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 .23.0 '-'?`: (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, within, or behind the primary dwelling unit and shall conform to the setback standards specified by Tale 3-1. C. Open space. Except as provided for Statewide Exemption Accessory Dwelling Units, Creation 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). D. Floor area ratio and lot coverage. Except as provided for Statewide Exemption Accessory Dwelling Units, Gcreation 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 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). Page 6 of 24 E. Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units, c r, accessory dwelling unit shall conform to the setback standards specified by Table 3-1 , below: Table 3-1 — Setback Standards Requirement (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 Interior Sides for the primary dwelling Rear 4 feet unit Street Side 124 feet (3) If located in front of the primary dwelling unit 10 feet Separation from If located behind the 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 accessory structure Separation from If located behind the 10 feet As specified by Section Accessory accessory structure 21.36.020 (Accessory Structure(s) If located to the side of structures) the accessory structure 5 feet 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.B.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 (3) In order to ensure adequate site visibility for pedestrian and vehicular safety, in no circumstance shall an accessory dwelling unit be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences. walls, lattice and screens). 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 . G. Maximum size. The maximum floor area for a detached accessory dwelling unit the existing space of an accessory structure, which is limited to the existing size of the accessory structure. An accessory dwelling unit shall conform with the following size maximums: Page 7 of 24 1. Detached accessory dwelling units. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred (1,200) square feet. 2. Attached accessory dwelling units. The maximum living area for an attached 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 (850) square feet shall be permitted for a studio or one-bedroom unit, and one thousand (1,000) square feet shall be permitted for an accessory dwelling unit that provides two or more bedrooms. 3. Interior accessory dwelling units. There shall be no prescribed size maximums imposed upon interior accessory dwelling units. H. Allowable rooms. An accessory dwelling unit shall contain one kitchen facility as defined in Chapter 21.72 (Definitions), 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. I. Maximum height and stories. An accessory dwelling unit shall conform with the following height maximums: 1. Detached accessory dwelling units. Detached accessory dwelling units shall be permitted up to two stories if the existing or proposed primary dwelling unit 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 height of eighteen (1 8) 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 constructedexisting 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 twenty-five (25) feet or that specified by the applicable zoning district and/or area or neighborhood plan, whichever is greater. 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. J. Parking. Parking for accessory dwelling units shall be provided in compliance with this section. 1. Parking requirement. No parking spaces are required for creation of an accessory dwelling unit or junior accessory dwelling unit. Existing parking Page 8 of 24 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. e. Uncovered parking 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. Objective design standards. The design of accessory dwelling units shall conform with the following objective design standards, except as provided by Section 21 .23.065 (Special Provisions for Statewide Exemption Accessory Dwelling Units): 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, Page 9 of 24 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) 21.23.040 Junior Accessory Dwelling Unit Development Standards. In addition to allowable number of accessory dwelling units outlined in section 21.23.022 (Maximum number of accessory dwelling units permitted on single-family residential properties), oneA junior accessory dwelling unit may be constructed or created on a parcel developed with no more than one an existing or proposed 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 (500) square feet in area. The occupied floor area shall be within the allowable floor area of a primary dwelling unit or detached accessory dwelling 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. C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen, as defined in this Chapter- 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. An 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 Page 10 of 24 hallway leading to the living room or family room of the associated primary dwelling unit or detached accessory dwelling unit. 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, except as specified by California Government Code Section 65852.2 (a)(2). The community development director may require 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 additional 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 .23.0276 , (Special Provisions for Statewide Exemption Accessory Dwelling Units): A. Defined. For the purposes of this section, the terms "multifamily dwelling structure" and "multifamily dwelling" shall have the same meaning as "Duplex," "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 an existing multifamily dwelling structure(s) may be created with-in by the conversion of 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 each such accessory dwelling unit does not exceed eight hundred ;30C; 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 be 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). Page 11 of 24 D. Non-conforminq setbacks. 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. E. Housing Development Projects: Accessory dwelling units created in an existing or proposed housing development project subject to Chapter 21.07 (Housing Development Regulations) or Chapter 21.39 (Ministerial Approval) shall be subject to the additional requirements provided in the City of Campbell Multi- Family Development and Design Standards. (Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 16, 8-16-2022) 21.23.060 Special Provisions for Historic Properties. The following additional requirements and restrictions apply to creation of accessory dwelling units on properties listed on the historic resource inventory California Register of Historical Resources, 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 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 the same wall cladding, 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) Thais section provides exceptiTionrs to--the requirements of this Chapter pursuant to Government Code Section 65852.2, as interpreted by the California Department of Housing and Community 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 cxcccdancc of.-development standards for any other type or form of accessory dwelling unit. Page 12 of 24 a height not exceeding 18 feet. C. Exemptions. Statewide exemption accessory dwelling units arc ex otherwise required (1) front setback, (2) building s lot coverage, (4) open space, and (5) design requirements specified by Section restrictions of this Chapter shall continue to apply. Exception: In order to ensure adequate site visibility for pedestrian and vehicular of Section 21.18.060 (Fences, walls, lattice and screens). D. Review. An application for a statewide exemption accessory dwelling unit shall review as otherwise required by Section 21.23.080 (Approval process). E. Restriction. A statewide exemption accessory dwelling unit permitted under this secti n shall nett-be expanded- in—sizeb yond 800 square foot in floor area including attachment of a garage or other uninhabitable space. The community 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: A. Short-term rentals. Leases for durations of less than thirty days, including short- term rentals are prohibited. The community development director may 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 junior accessory dwelling 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 Page 13 of 24 and safety as determined by the building official. D. 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 may require recordation of a deed restriction documenting these restrictions prior to issuance of a building permit. E. 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, if the remodel of the primary dwelling associated with 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 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 junior accessory dwelling units consistent with the provisions of this Chapter. A. Ministerial review. The City shall either approve or deny concurrent applications for a building permit in compliance with Title 18 (Building Code) and a Zoning Clearance in compliance with Chapter 21.40 (Zoning clearances), for an accessory Page 14 of 24 dwelling unit or junior accessory dwelling unit 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 approving or denying the permit application until the 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 junior accessory dwelling unit on a site plan submitted for an application for a new single-family dwelling unit or multifamily dwelling shall not be construed as subjecting the accessory dwelling unit or junior accessory dwelling unit to discretionary review or a public hearing. 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 21.07 (Housing development requlations)930 (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. D. Denial. If the City denies an application for a building permit and/or Zoning Clearance for an accessory dwelling unit or junior accessory dwelling prior to the conclusion of the sixty daysixty-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 daysixty-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) Page 15 of 24 21.23.090 Development Policy. A single-family residential subdivision (inclusive of detached single-family homes and/or townhomes) resulting in five or more parcels, exclusive of commonly-held parcels, subject to Chapter 21.07 (Housing development regulations) or Chapter 21.39 (Ministerial Approval), 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, 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. If the requirement of sub-section A is determined not to be an 'objective standard" as defined by the California Government Code and therefore unenforceable, the alternative identified by this subsection, requiring the creation of the accessory dwelling unit(s), shall instead become the requirement applied to the project subject to this section. 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 Safety Code by the building official. 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. Page 16 of 24 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 added to or enlarged in a manner that continues an existing nonconforming setback as otherwise allowed for nonconforming structures provided permitted to exercise the setback exception for non conforming structures provided for in Section 21 .58.050.F (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) 21.23.115 Severability. If at any time the California Department of Housing and Community Development submits to the City written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of this Chapter do not comply with State law, then those specific section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) shall no longer be in effect, such that this Chapter shall maintain its consistency with Government Code 65852.2 and not subject to nullification as provided for Government Code 65852.2(a)(6). The City Council hereby declares that it would have passed adopted this Chapter and each and every section, subsection, sentence, clause, or phrase not declared not in compliance with the Page 17 of 24 California Government Code without regard to whether any portion of this Chapter would be subsequently declared non-complaint. 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. !11 CL ThE 0 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). Page 18 of 24 UT 01' L A.,. L En 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; of (3) created from non-livable space of a multifamily dwelling;- or (4) contained within the existing space of an accessory structure (as defined herein). .grin-liru & \ .611 Jf� 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 remittance of plan review 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 19 of 24 "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 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(URGENCY REVISIONS—TREE PROTECTION): Campbell Municipal Code Section 21.32.060 (Exemptions) is amended to add a new subsection 'G,' as-follows-with Underlining indicating new text: Page 20 of 24 G. Exempt Accessory Dwelling Units. Trees required to be removed in association with the construction act statewide exemption accessory dwelling units in compliance with Section 21.23.027.C.3 (Tree preservation). SECTION 5 (URGENCY REVISIONS — TWO-UNIT DEVELOPMENT): Section 21.25.080.A (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 (strikethrough-) text. A. Accessory Dwelling Units. In addition to the two primary dwelling units comprising a proposed housing development, accessory dwelling units may be allowed as follows, consistent with in compliance with Chapter 21.23 (Accessory Dwelling Units), except for proposed housing developments located on a new parcel created by an urban lot split which shall be limited to a total of two units as defined by Section 66411.7(j)(2) of the Government Code: �_ Parcels with t o single family `J ellings shall be permitted ono accessory The acce&cory dwelling units may be connected to each side or front to back configuration or stacked with one exceeding the maximum building height specified by Section 21.25.050.A (Building height/number of stories); structure, as herein defined. SECTION 6 (URGENCY REVISIONS — RESIDENTIAL DISTRICTS): Section 21.08.050 (Residential development standards) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough (strikethre-ug-h) text. Table 2-4 General Development Standards — Residential Districts Development Zoning District Map Symbol Standard R-1 LMDR MDR MHDR HDR MHP Maximum Floor Area Ratio (FAR) 45 (1) See CMC 21.07 — Multi- N/A Family Development and Maximum Lot Coverage 40% Design Regulations for the N/A Minimum Useable specified form-based zone. Required-Open Space 750 sq. ft. (3) (4) N/A Minimum Setbacks Page 21 of 24 Front 20 ft. N/A Side (each) 5 ft. (2) N/A Street Side (where See CMC 21.07 — Multi- applicable) 12 ft. Family Development and N/A Rear 5 ft. ;2) Design Regulations for the N/A Parking Structure or specified form-based zone. Garage to Public Right 25 ft. (3) (4) N/A of Way Maximum Height and Stories Main Structure 35 ft. N/A Maximum Height See CMC 21.07 — Multi- Homes Family Development and must be Design Regulations for the less Main Structure shall Maximum Stories 2 '/2 stories specified form-based zone. not (3) (4) exceed one story Distance Between Non-Accessory Structures on the Same Lot The distance See CMC 21.07 — Multi- Minimum Separation equal to the Family Development and Required taller of the two Design Regulations for the N/A structures. specified form-based zone. (3) (4) (1) The Planning Commission may approve a F.A.R. of up to 0.50 with approval of a site and architectural review permit when it makes both of the following findings: a. The perceived scale and mass of the home is compatible with the adjacent homes and the homes in the surrounding area. b. The home minimizes the use of design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area. (2) A minimum of the setback indicated or one-half ('/2) the building wall height adjacent to the side or rear property line, whichever is greater. The Planning Commission may allow a minimum side setback of five (5) feet for structures proposed for a second story addition, when it makes both of the following findings: a. The side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole; and Page 22 of 24 b. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property. (3) Notwithstanding any provision to the contrary, the maximum FAR for a housing development project consisting of three (3) to seven (7) units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight (8) to ten (10) units shall not be less than 1.25, when the following conditions are met: a. The housing development project consists of at least 3, but not more than 10, units. b. The housing development project is not located in any of the following: i. A property with a single-family zoning or land use designation; ii. A historic district property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resource Code; and iii. Within a site that is designated or listed as a city or county landmark or historic property or district. (4) Exception. Notwithstanding Note #3, Tthe development standards for structures not otherwise subject to the Multi Family Development and Design Standards established by Chapter 21 .07, shall be the same as those development standards applicable to the R-1 zoning district, except that the minimum usable open space shall be 300 square feet per dwelling unit, the LMDR zone shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR zones shall have a maximum floor area ratio of 55%. Further, the MHDR and HDR zones shall be permitted to build up to 3-stories and 40-feet in height. SECTION 7 (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 8 (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 Page 23 of 24 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. SECTION 9 (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 10 (EFFECTIVENESS): This interim ordinance shall become effective on November 7, 2023, for a period of 45 days, unless extended by the City Council. PASSED AND ADOPTED this 7th day of November, 2023 by the following roll call vote: AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: a/o(-(_&/-1--<— Anne Bybee, Mayor ATTEST: t/HCIL 4n Andrea Sar�'d rs, City Clerk