Campbell ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Campbell-12-16-2016.pdf

Ordinance No. 2216

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REPLACING CAMPBELL MUNICIPAL CODE SECTION 21.36.200 (SECONDARY DWELLING UNITS) WITH NEW CHAPTER 21.23 (ACCESSORY DWELLING UNITS) AND AMENDING VARIOUS OTHER SECTIONS OF THE CAMPBELL MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH CALIFORNIA SENATE BILL 1069 (WEICKOWSKI) AND ASSEMBLY BILL 2299 (BLOOM) PERTAINING TO THE CONSTRUCTION OF ACCESSORY DWELLING UNITS. FILE NO. PLN2016-335

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows:

SECTION 1. The City Council finds and determines that the adoption of this ordinance, which is intended to modify existing local regulatory requirements to be consistent with State law, is exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15061(b)(3) in that construction of accessory dwelling units on presently developed properties within the community has no potential to cause a significant effect on the environment.

SECTION 2. The City Council further finds and determines that the proposed ordinance is consistent with the goals, policies, and actions of the General Plan; 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.

SECTION 3. The City Council further finds and determines that adoption of this ordinance is consistent with the mandatory provisions of Senate B\!l 1069 (Wieckowski) and Assembly Bill 2299 (Bloom), while maintaining locally appropriate standards for the construction and occupancy of accessory dwelling units.

SECTION 4. The City Council further finds and determines that the purpose of permitting 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 special long-term housing needs of individuals and families, while preserving the integrity of single-family neighborhoods.

SECTION 5. Deletion of Current Secondary Dwelling Unit Provisions: Campbell Municipal Code Section 21.36.200 (Secondary dwelling units) is hereby deleted in its entirety from the Campbell Municipal Code.

SECTION 6. Adopting of Accessory Dwelling Unit Chapter: New Chapter 21.23 (Accessory Dwelling Units) is hereby added to Article 3 (Development and Operational Standards) of Title 21 (Zoning Code) of the Campbell Municipal Code:

CHAPTER 21.23 (ACCESSORY DWELLING UNITS)

21.23.010 – Purpose

This Chapter provides for the establishment of accessory dwelling units in compliance with Article 2 (Zoning Districts). The purpose of permitting 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 special long-term housing needs of individuals and families, while preserving the integrity of single-family neighborhoods.

21.23.020 – 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 dwelling unit” means a dwelling unit ancillary to a primary dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, laundry, and sanitation on the same parcel as the primary dwelling unit is 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.

“Attached accessory dwelling unit” means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of a primary dwelling unit, and also includes an existing garage attached to a primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit and construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit.

“Detached accessory dwelling unit” means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit, and also includes an existing garage detached from the primary dwelling unit that is legally converted (fully or partially) to an accessory dwelling unit.

“Interior accessory dwelling unit” means an accessory dwelling unit that is legally created entirely within the existing living area of a primary dwelling unit, including within an existing basement.

“Complete building permit application” means an application for a building permit that has been cleared for issuance by all reviewing departments and which the Building Official has determined may be issued to an appropriate individual upon payment of the necessary fees.

“Existing garage” means a legally constructed attached or detached garage that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.

“Existing living area” means the legally constructed living area of a primary dwelling unit that is in existence and/or granted a certificate of occupancy prior to January 1, 2017.

“Living area” meansthe interior habitable food area o1 a dwe!tng unit including conditioned basements and attics, but not garages or other accessory structures, as measured to the outside surface of exterior walls.

“Floorspace” means the gross floor area of a detached accessory dwelling unit as measured to the outside surface of exterior walls, including its living area and basement area whether conditioned or unconditioned.

“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 one of the existing light rail passenger terminals located within the City of Campbell (i.e., Hamilton Station, Downtown Campbell Station, and Winchester Station).

      1. – Minimum Standards for Eligibility

An accessory dwelling unit may only be constructed on parcels satisfying the following minimum standards.

        1. Zoning district. A parcel located within an R-1 (Single-Family Residential) Zoning District.

        1. Existing primary dwelling unit. A parcel that is presently de\/eIoped with one primary dwelling unit. An accessory dwelling unit may not be constructed on a parcel without a primary dwelling unit or which is de\/eIoped with more than one primary dwelling unit.

        1. Minimum lot size. A parcel with a net lot area of 10,000 square feet or greater, inclusive of any public or private easements except for easements that establish a private street, subject to the living area or floorspace limitations specified by Table 3-1(a). The community de\velopment director may require preparation of a survey to verify the parcel size.

Table 3-1(a} — Minimum Lot Size by Living Area or Floorspace

Minimum Net Lot Area

Maximum Floorspace or Living Area

10,000-10,999 sq. ft.

700 sq. ft.

11,000-11,999 sq. ft.

800 sq. ft.

12,000-12,999 sq. ft.

900 sq. ft.

13,000-13,999 sq. ft.

1,000 sq. ft.

14,000-14,999 sq. ft.

1,100 sq. ft.

15,000 sq. ft. or greater

1,200 sq. ft.

        1. Compliant parking. A parcel that is presently developed with the minimum number of parking spaces required for a primary dwelling unit (1 covered and 1 uncovered) or which will be developed with the required number parking spaces in conjunction with the creation of an accessory dwelling unit.

      1. – Development Standards

An accessory dwelling unit may only be constructed in accordance with the following de’veIopment standards:

        1. General requirements. Except as otherwise specified by this Chapter, all accessory dwelling units shall satisfy the requirements applicable to a primary dwelling unit, including required yards, building height, distance between buildings, setbacks, floor area ratio, and lot coverage standards, as specified by the zoning district and/or area or neighborhood plan in which the parcel is located, as well as all applicable general performance, site deVelopment, landscaping, and parking standards (including those specified by Section

21.23.040. H). The requirements for accessory structures found in Section

21.36.020 (Accessory structures) do not apply to accessory dwelling units.

        1. Existing garages. An existing garage that is fully (not partially) converted to an accessory dwelling unit is subject to all provisions of this Chapter except that no additional setback from property lines or to other existing structures shall be required, prOVided that the existing garage is not expanded. Any expansion of the structure shall comply with applicable setback requirements and shall not be permitted to exercise the setback exception for non-conforming structures provided for in Section 21.58.050.F (Exceptions).

C Maximum size. The maximum floorspace for a detached accessory dwelling unit and the maximum living area for an attached or interior accessory dwelling unit shall be as specified in Section 21.21.030. C, Table 3-1(a), except that in no case shall the living area for an attached or interior accessory dwelling unit exceed fifty percent of the existing living area of the primary dwelling unit.

  1. Maximum height and stories. A detached accessory dwelling unit shall be a maximum of fourteen feet in height and not exceed one story. An attached or interior accessory dwelling unit shall be limited to the ground floor or the basement of the primary dwelling unit.

  1. Allowable rooms. Accessory dwelling units shall include no more than two bedrooms and two bathrooms. In no case shall an accessory dwelling unit include more than one kitchen.

  1. Design. A detached accessory dwelling unit shall be constructed to incorporate the same or similar building materials and colors as the primary dwelling unit, except for manufactured homes which shall be required to incorporate only the

same or similar building colors as the primary dwelling unit. Attached or interior accessory dwelling units shall maintain the appearance of the primary dwelling unit as that of a single-family dweIIin9 Garages that are converted to accessory dwelling units shall include removal of garage doors which shall be replaced with

architectural features, including walls, doors, windows, trim and accent details that remove any appearance that the structure was originally a garage.

  1. Entrances. An accessory dwelling unit shall include separate exterior access from the primary dwelling unit and may include an interior connection. However, the front door of an accessory dwelling unit shall not be oriented towards a public street. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required by the City.

  1. Parking. Off-street parking for accessory dwelling units, in addition to those parking spaces required for the primary dwelling unit (1 covered space and 1 uncovered space), shall be provided in compliance with the following provisions.

    1. Number of parking spaces required.

      1. No additional parking shall be required for interior accessory dwelling units.

      1. Attached and detached accessory dwelling units shall provide one parking space (covered or uncovered) per bedroom provided that any existing parking spaces that are removed by conversion of an existing garage shall be replaced concurrently with creation of the accessory dwelling unit.

    1. Parking configuration. Required and replacement covered parking spaces created by construction of a carport or garage and replacement uncovered spaces shall comply with all applicable development standards. Uncovered parking spaces required for an accessory dwelling unit may encroach into a required front-yard or street-side yard setback within an existing driveway that satisfies the minimum stall dimensions for a residential parking space, unless such a configuration is determined not to be feasible based upon fire and/or life safety conditions present on the property. Such a determination may be appealed as an interpretation of this Code in compliance with Section 21.02.030 (Procedures for interpretations).

    1. Demolition of an existing garage. When an existing garage (or carport) is demolished in conjunction with the construction of an accessory dwelling unit, any required parking spaces contained within the garage (or carport) shall be replaced concurrently with creation of the accessory dwelling unit. The replacement spaces shall comply with all applicable development standards except that the replacement spaces may be located 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.

    1. Exception to parking requirement. The parking requirement for an attached and detached accessory dwelling unit shall not apply in the following instances, which shall allow creation of an attached or detached accessory dwelling unit without provision of additional parking.

      1. The accessory dwelling unit is located on a parcel within a traversable distance of one-half mile of public transit.

      1. The accessory dwelling unit is located on a parcel within a designated historic district.

      1. The accessory dwelling unit is located within the boundaries of a permanent residential parking permit program, and where the City does not offer parking permits to the occupant(s) of the accessory dwelling unit.

      1. The accessory dwelling unit is located on a parcel within one block of a City-licensed car-share vehicle (as defined by the California Vehicle Code).

      1. General Requirements and Restrictions

The following requirements and restrictions apply to all existing and new accessory dwelling units:

        1. Rentals. No more than one dwelling unit on the parcel, either the accessory dwelling unit or the primary dwelling unit, shall be leased or otherwise rented. Leases for durations of less than thirty (30) days, including short-term rentals (as defined by the California Government Code) are prohibited. The community development director shall require recordation of a deed restriction documenting these restrictions.

        2. Subdivision and sales. No subdivision of land or air riphts shall be allowed, including creation of a stock cooperative or similar common interest ownership arrangement.

        3. Park impact fee. A fee in-lieu of parkland dedication land shall be paid in compliance with Chapter 13.08 (Park Impact Fees).

        1. Building code. Accessory dwelling units shall comply with all applicable Building and Fire Codes as appropriate, except that the Building Officia! shall not require installation of fire sprinklers for an interior accessory dwelling unit if they would

otherwise not be required for the primary dwelling unit, except if the creation of the accessory dwelling unit would result in creation of a “new dwelling using portions of the original structure” pursuant to Chapter 18.32 (Determination of scope of work).

        1. Utilities. The Building Official shall coordinate with local utility agencies to ensure that accessory dwelling units are not considered new residential uses for the purpose of calculating local agency connection fees or capacity charges for utilities, including water and sewer services.

21.23.060 — Approval Process

The City shall issue a building permit for an accessory dwelling unit that is consistent with the provisions of this Chapter, as determined by issuance of a Zoning Clearance, within one hundred and twenty (120) days of submittal of a complete building permit application. However, physical expansion (i.e., addition) or exterior alteration to an existing primary dwelling unit located on a parcel that is subject to design review pursuant to Chapter 21.42 (Site and architectural review) or Chapter

21.33 (Historic preservation) shall first receive approval of the appropriate land use permit prior to a submittal of a building permit application for an accessory dwelling unit.

SECTION 7. Utility Meters: Campbell Municipal Code Section 18.20.030 (Utility meters) is amended to read as follows with underlining indicating new text and strikeouts (strident) indicating deleted text:

18.20.030 – Utility meters.

No parcel or lot located in an R-1 zoning district shal! have more than one utility meter for each utility servicing the parcel or lot.

Exception: When necessary for installation of residential photo-voltaic battery storage systems, an additional utility electrical meter is allowed. This meter shall be used only in conjunction with a photo-voltaic system and shall not be used for pro\/iding power to an accessory dwelling unit.

SECTION 8. Accessory Structures: Campbell Municipal Code Section 21.36.020.A (Living quarters prohibited) is amended to read as follows with underlining indicating new text and strikeouts (strikeaut) indicating deleted text:

  1. Living quarters prohibited. An accessory structure shall not include sleeping quarters or a kitchen. The number of allowed plumbing fixtures shall be limited to two fixtures and may only include a toilet, sink, hot water heater or washing machine connection. Enclosed workshops with separate entrances are not allowed. Workshops with partial bathrooms must be open to the rest of the structure by at least a six-foot opening. The community development director may require the recordation of a deed restriction

stating that the structure will not be used as a dwelling unit. An accessory dwelling unit may be appro’ved in compliance with Chapter 21.23 (Accessory Dwelling Units)

SECTION 9. Utilitv Undergrounding: Campbell Municipal Code Section 21.18.140.B.1.e is amended to read as follows with underlining indicating new text and strikeouts (strikeat+I) indicating deleted text:

      1. An addition to an existing single-family dwelling that within a five-year period adds and/or replaces fifty percent or more to the dwelling’s gross floor area except when located along a residentia) collector street. Existing and/or new detached garages, accessory dwelling units, and other fully enclosed accessory structures shall be considered in this section; and

SECTION 1 0. R-1 Zoninq District Permitted Uses: Campbell Municipal Code Section 21.08.030.B (Permitted uses in R-1 (Single-family) zoning district) is amended to read as follows with underlininq indicating new text and strikeouts (strikes+›t) indicating deleted text:

  1. Permitted uses in R-1 (Single-family) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances):

    1. Accessory structures;

    2. Accessory dwelling units;

    3. Family child day care homes, small;

    4. Garage/yard sales, private;

    5. Groundwater recharge facilities;

    6. Hobby car restoration;

    7. Home occupations;

    8. Manufactured housing (subject to architectural requirements within the parameters of State Law);

    9. Parks, public;

    10. Residential care homes, small;

    11. Residential service facilities, small;

    12. Satellite television or personal internet broadband dishes/antenna (tess than three feet in diameter);

    13. Schools — K-12, public;

    14. Single-family dwellings;

    15. Supporti\ie housing;

    16. Transitional housing.

SECTION 11. Parking Requirements by Land Use (Table 3-1), Deletion of Secondary Dwelling Unit Requirement: Campbell Municipal Code Section 21.28.040, Table 3-1 (Parking Requirement by Land Use) is amended to read as follows with underlining indicating new text and strikeouts (strident) indicating deleted text, with the remainder of the table remaining unchanged, except as amended by Section 12:

Caretaker and employee housing

2 spaces per unit, 1 of which must

be coUered.

SECTION 12. Parking Requirements by Land Use (Table 3-1), Addition of Accessory Dwellinq Unit Requirement: Campbell Municipal Code Section 21.28.040, Table 3-1 (Parking Requirement by Land Use) is amended to insert the following row for “Accessory Dwelling Unit” before the row for “Child day care homes, large,” with underlininq indicating new text, with the remainder of the table remaining unchanged, except as amended by Section 11:

Accessory dwelling units As specified by Section 21.23.040.H

(Parking)

SECTION 13. Secondary Dwelling Unit Definition: Subsection S (DEFINITIONS, “S.”) of Campbell Municipal Code Section 21.72.020 (Definitions of specialized terms and phrases) is amended to delete the definition of “secondary dwelling unit”.

SECTION 14. Exception to Street Improvement Requirement: Campbell Municipal Code section 11.24.180.D is amended to read as follows with underlininq indicating new text and strikeouts (strikeeut) indicating deleted text:

D. Additions, alterations or repairs to any existing residential structure, including construction of an accessory dwelling unit, within a five-year period that add less than fifty percent of the size, measured in square feet, to the existing structural coverage shall be exempt from the requirement of this chapter to install street improvements unless the contemplated additions and use of the property in question will result in an immediate danger to the public safety, as determined by the city engineer.

SECTION 14: This Ordinance shall become effective thirty (30) days following its passage and adoption and shah! be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara.

PASSED AND ADOPTED this 12th day of December, 2016 by the following roll call vote:

AYES: NOES: ABSENT:

ATTEST:

Councilmembe rs: Kotowski, Councilmembers: None Counciimembers: None

Resnikoff, Cristina, Gibbons, Baker

APPROVED:

Wendy Wood, City Clerk

ATTEST: W-ND° WOOD, CITY CLV-RX

OATGD