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PC Res 2324RESOLUTION N0.2324 PLANNING COMMISSION After notification and public hearing as specified by law on proposed amendments to the text of Chapter 21.19 (Additional Living Units) of the Campbell Municipal Code; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed (TA 85-02). After due consideration of all evidence presented and based upon the following findings, the Commission did determine that there was a significant need to amend Chapter 21.19 (Additional Living Units) of the Campbell Municipal Code: 1. The proposed amendment will prohibit two-story detached units, but will allow a secondary living unit on the second floor of the main house. 2. The proposed amendment will allow an addition to an existing house of not more than 640 sq.ft. for the secondary unit or the conversion of some existing floor area and a small addition. In no case can the additional living unit be larger. than 640 sq.ft. 3. The proposed amendment will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED THIS 12th day of March, 1985 by the following roll call vote: AYES: Commissioners: Kasolas, Perrine, Christ, Howard, Toshach Dickson, Fairbanks NOES: Commissioners: None ABSENT: Commissioners: None APPROVED: JoAnn Fairbanks Chairman ATTEST: Arthur A. Kee Secretary ORDINANCE NO, BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.19 (ADDITIONAL LIVING UNITS) OF THE CAMPBELL MUNICIPAL CODE (TA 85-02). The City Council of the City of Campbell does ordain as follows: k SECTION ONE: That Chapter/Section 21.19 (Additional Living Units) of -- the Campbell Municipal Code be amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this day of , 1985 by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROVED: John J. Ashworth Mayor ATTEST: Anne G. Coyne City Clerk _, EXHIBIT A CHAPTER 21.19 ADDITIONAL LIVING UNITS Sections• 21.19.010 Purpose. 21.19.020 Definition. 21.19.030 Location. 21.19..040 Property Development Standards. 21.19.050 Use Permit - Architectural Approval Required. 21.19.060 Restrictions. 21.19.010 Purpose. This chapter is designed to provide for, and regulate the esta6Tis nt of additional living units in the single family district. The purpose of permitting additional living units is to allow more efficient use of the City's existing housing .stock and to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, while preserving the integrity of the single family neighborhood. 21.19.020 Definitions. An additional living unit is a separate complete house eeping un t w th itchen, sleeping and full bathroom facilities which is a part of or an extension to an existing structure originally designed for occupancy by a single family. Under certain conditions, specified in this Chapter, an additional living unit amy be a detached unit. 21.19.030 Location. Additional living units shall be allowed in all R-1 Sing a ami y es ential Zoning District sub3ect to the provisions of this Chapter. 21.19.040 Pro ert Develo ment Standards. The following property development stan ar s sha app y to a an and structures in the zones which permit additional living units: (1) On R-1 lots having a minimum lot area of 12,000 square feet: (a) Zonin Re uirements: All yards, building height distance etween u ings, setbacks, and lot coverage standards of the zone in which the property proposed for conversion shall Add............... apply.,excepted .as sequi~red below which shall take precedent. Rep 1 a c e w/ ~}~ - t i~v-in~a- Ehrit 5 iz'e' --A~ttathed- - ~ f-1 oor area ~f" the -ex t stir attache d IRa'fir M/!-~ i1~~~~ 'nOt-'~c ~'7~ps Rde'd' m0're' th aTT ~ 9 ro -tU' 8 L C~TI11i10 dd'CE (P 9. 3 ) iR -arddi•i:iani~ ~-i~ll Rg -UF1a ~ r R e p1 a c e w/ ( c) ~ iv '• -t~k~i~- Si-se• --get-aei~e~-: - ~ #eEa~l- #~ ear •erea ~o~F-arr -edd r: attached t>~ _ ~9 ~_ .ne.~pr+e- EMar~- 64(~ ~`gnare~ feet.-- i•ha (P9• 3~ da~#1ed~dd~firi~ORe~ 1•i~l4R~-uR#~~ha~}-hQ11e-RO-1110ra'theR'Otte bedroem (d) Design: The additional living unit shall be designed so that the appearance of the building remains that of a single family ~! residence. All new entrances shall be located so as not to be -- visible from any public street. Chapter 21.19 -2- Additional Living Units (e) Off-street parking: A single family unit containing an additional livi~~g unit shall be provided with 4 parking spaces, 2 of which must be covered. The spaces may be permitted in tandem in the driveway of a 2-car garage if the garage meets minimum setbacks and the lot con- figuration precludes placement elsewhere on the property. (f) Occu anc No more than one dwelling unit on the parcel s al rented or leased. The City shall require recorda- tion of a deed restriction setting forth this occupancy requirement. (2) On R-1 lots having a minimum lot area of 250% of the minimum required for the district in which it is located. Where a lot has an area equivalent to two hundred and fifty percent (250%) the minimum lot size required by the zoning district in which it is located, but without the required frontage to create a separate parcel, a second detached dwelling unit may be permitted. Such additional dwelling unit shall not be bound by the dwelling unit size provision of Section 21.19.040(1)(c). 21.19.050 Use Permit - Architectural Approval Required. The construction _ of an a~aitiona ving un t s a perm tte on y a ter approval of a con- ditional use permit and architectural approval by the Planning Commission. The requirements for a use permit are set forth in Chapter 21.b4 of this title and are incorporated in this chapter by reference. The requirement for architectural approval are set forth in Chapter 21.42 of this title and are also incorporated in this chapter by reference. Prior to making a decision, the Planning Commission may consider traffic impact, utility capacity, impact on adjacent neighbors, and impact on the neighborhood. 21.19.060 Restrictions. (a) Additional living unit .zoned parcels on which presently located. s shall not be allowed on R-1 more than one living unit is (b) No subdivision of land nor air rights shall be allowed. (c) Additionalliving units must comply with all applicable building and fire codes. ~~* i -3- ' (b) Living Unit Size: The total gross floor area of an R ep1 a ces additional living unit, whether attached or detached, shall (1) (b) & (c) be no more than 640 sq.ft. and the unit shall contain no more than one bedroom. --- (c) Living Unit Height: A detached unit shall be a siaximum of 14 ft. in height and not to exceed one story. An attached unit, or interior conversion of an existing main structure, shall meet the height restrictions for the zone in which it is located.