Title 21 — ZONING

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Title 21 - ZONING

ARTICLE 1 - ENACTMENT AND APPLICABILITY Chapter 21.01 - GENERAL PROVISIONS

Title 21 of the Campbell Municipal Code shall be known and cited as the "Campbell Zoning Code."

(Ord. 2043 § 1(part), 2004).

The Zoning Code is adopted to promote the growth of the city in an orderly manner. This Zoning Code establishes zoning districts that include all the territory within the city's boundaries. Within the established zoning districts it shall be unlawful to alter, construct, erect, or maintain buildings or uses of land that are not in conformance with the requirements and standards established in this Zoning Code.

(Ord. 2043 § 1(part), 2004).

The purpose of this Zoning Code is to implement the policies of the Campbell General Plan by classifying and regulating the uses of land and structures within the city to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the city. To fulfill these purposes, it is the intent of this Zoning Code to:

A.

Implementation. Implement the goals, objectives, policies, and programs of the General Plan and to manage future growth and development in compliance with that plan;

B.

Maintain community character. Provide standards for the orderly growth and development of the city that will maintain the community's characteristics in appropriate locations;

C.

Classify land uses. Classify, designate, regulate, and segregate the uses of land and structures to serve the needs of agriculture, commerce, industry, residences, and other purposes in appropriate places;

D.

Establish conditions. Establish conditions that will allow the enjoyment of open spaces, including the appreciation of scenic beauty, by protecting the natural resources of the city;

E.

Avoid congestion. Prevent the overcrowding of land by maintaining a suitable balance between structures and opens spaces through regulation of bulk, height, location, number, size, and stories of structures; the size and use of parcels and open spaces; the percentage of a parcel that may be occupied by a structure; and the intensity of land use;

F.

Organize adequate provisions for growth. Facilitate a comprehensive pattern of land uses that plan adequate provisions for community utilities, including parks, schools, sewage, transportation, water, and other public requirements;

G.

Stabilize and conserve property values. Maintain and protect the value of property resulting from the orderly planned use of its resources;

H.

Ensure adequate parking. Ensure that adequate off-street parking and loading facilities will be installed and maintained; and

I.

Sign regulation. Regulate signs and billBoards.

(Ord. 2043 § 1(part), 2004).

21.01.040 - Authority, relationship to General Plan.

A.

State authority. This Zoning Code is enacted based on the authority vested in the City of Campbell by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code Sections 66410 et seq.); and the California Health and Safety Code.

B.

Implement the General Plan. This Zoning Code and the Zoning Map are the primary tools used by the City of Campbell to implement the goals, objectives, and strategies of the Campbell General Plan, which is the overall policy document of the city, hereafter referred to as the "General Plan."

(Ord. 2043 § 1(part), 2004).

This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Campbell, as provided by this section.

A.

New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 21.03.020 (General Requirements for Development and New Land Uses) or, where applicable, Chapter 21.58 (Nonconforming Uses and Structures), is necessary for any person or public agency to lawfully maintain, alter, construct, establish, reconstruct, or replace any use of land or structure.

B.

Issuance of building or grading permits. The community development department may issue building, construction, or grading permits only when:

1.

The proposed land use or structure satisfies the requirements of Subsection (A) of this section, and all other applicable ordinances, regulations, and statutes; and

2.

The city engineer determines that the site was subdivided in compliance with Title 20 (Subdivision and Land Development) of the Campbell Municipal Code.

C.

Subdivision of land. Any subdivision of land proposed within the city after the effective date of this Zoning Code shall be consistent with the minimum parcel size requirements of Article 2 (Zoning Districts), all other applicable requirements of this Zoning Code, and the city's subdivision regulations.

D.

Continuation of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 21.58 (Nonconforming Uses and Structures).

Existing land uses that were in violation of city zoning regulations applicable before the effective date of this Zoning Code are in violation of this Zoning Code. These uses shall continue to be in violation unless they conform to the current provisions of this Zoning Code, except as otherwise provided in this Zoning Code.

E.

Effect of Zoning Code changes on projects in progress. A land use permit application that has been accepted by the community development department as complete before the effective date of this Zoning Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.

F.

Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than identified in this Zoning Code as may be necessary to promote orderly land use development and the purposes of this Zoning Code, provided that such requirements do not exceed the authority otherwise residing in the city official or body.

G.

Other requirements may still apply. Nothing in this Zoning Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the Campbell Municipal Code or complying with the regulations of any city department, or any county, regional, State, or Federal agency.

H.

Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Subsection 21.02.020(E) (Rules of Interpretation).

(Ord. 2043 § 1(part), 2004).

This Zoning Code shall be administered by the City Council, the planning commission, the community development director, the community development department, and other departments, groups or individuals identified in this Zoning Code in compliance with the Campbell Municipal Code and Chapter 21.38.020 (Authority for Land Use and Zoning Decisions).

(Ord. 2043 § 1(part), 2004).

The headings of the chapters, clauses, sections, subsections, and subparagraphs of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or any of its provisions.

(Ord. 2043 § 1(part), 2004).

If any portion of this Zoning Code is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity, effectiveness, or enforceability of the remaining portions of the Zoning Code.

(Ord. 2043 § 1(part), 2004).

Chapter 21.02 - INTERPRETATION OF PROVISIONS

This chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan.

(Ord. 2043 § 1(part), 2004).

A.

Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.

B.

Minimum requirements. The provisions of this Zoning Code shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of the public health, safety, convenience, and general welfare.

C.

Language.

1.

Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for."

2.

Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel, and decision making bodies are shortened in this Zoning Code in the following manner:

The City of Campbell is referred to as the "city."

The State of California is referred to as the "State."

The County of Santa Clara is referred to as the "county."

The City of Campbell Municipal Code is referred to as the "Municipal Code."

The California Subdivision Map Act is referred to as the "Map Act."

The United States Federal Government is referred to as "Federal."

3.

Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given in compliance with this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.

4.

State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

D.

Calculations—Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded in compliance with this subsection.

1.

Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number.

2.

Residential density. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number.

3.

All other calculations. For all calculations required by this Zoning Code other than those described in subparagraphs (D)(1) and (D)(2) above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, unless otherwise specified.

E.

Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows:

1.

Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control;

2.

Development agreements, overlay/combining district, area plan, neighborhood plan, or specific plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any development agreement, overlay/combining district, area plan, neighborhood plan, or specific plan, the requirements of the development agreement, overlay/combining district, area plan, neighborhood plan, or specific plan shall control;

3.

Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the city, the most restrictive shall control; and

4.

Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

F.

Allowable uses of land. If a proposed use of land is not specifically listed in Article 2 (Zoning Districts) the use shall not be allowed, except as follows:

1.

Similar uses allowed. The Community Development Director may determine that a proposed use not listed in Article 2 or specified by a master use permit authorized by Section 21.14.030.C (Master use permit) may be allowed as a permitted or conditional use, or is not allowed. A determination by the Community Development Director that a use is not allowed may be appealed in compliance with Chapter 21.62 (Appeals). In making this determination, the Community Development Director shall first find that:

a.

The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district;

b.

The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable specific plan.

2.

Applicable standards and permit requirements. When the Community Development Director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

G.

Measurement of height and area requirements. When this Zoning Code requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the Community Development Director shall make a determination as to the correct measurement.

H.

Gross floor area. When this Zoning Code specifies the maximum allowable floor area of a structure or a portion of a structure, the floor area shall be calculated on a "gross" basis, consistent with the definition of "Floor area, gross" provided in Chapter 21.72 (Definitions), unless otherwise specified.

(Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 24, 11-1-2016; Ord. No. 2225, § 8, 8-15-2017; Ord. No. 2286, § 27, 8-16-2022; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Whenever the Community Development Director determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Community Development Director may issue an official interpretation or refer the question to the Planning Commission for determination.

A.

Request for interpretation. The request for an interpretation or determination shall be made to the Community Development Department, shall include all information required by the Community Development Department, and the fee established by the city's fee resolution.

B.

Findings, basis for interpretation. The issuance of an interpretation by the Community Development Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan.

C.

Record of interpretations. Official interpretations shall be:

1.

Written, and shall quote the provisions of this Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

Kept on file in the community development department.

Any provision of this Zoning Code that is determined by the Community Development Director to need refinement or revision will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Community Development Director will maintain a complete record of all official interpretations as an appendix to this Zoning Code, and indexed by the number of the chapter or section that is the subject of the interpretation.

D.

Referral of interpretation. (21.84.020) The Community Development Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Zoning Code directly to the Planning Commission for consideration.

E.

Appeals. (21.84.020) Any interpretation of this Zoning Code by the Community Development Director or the Planning Commission may be appealed in compliance with Chapter 21.62 (Appeals).

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.03 - LAND USE PERMIT REQUIREMENTS

This chapter provides general requirements for the approval of proposed development and new land uses in the city. The land use permit requirements for specific land uses are established by Article 2, (Zoning Districts), and Article 3 (Development and Operational Standards).

(Ord. 2043 § 1(part), 2004).

21.03.020 - General requirements for development and new land uses.

All uses of land and/or structures shall be altered, constructed, established, reconstructed, or replaced in compliance with the following requirements:

A.

Allowable uses. The land uses for parcels of land shall be identified by Chapters 21.08 (Residential Districts), 21.10 (Commercial, Office, and Industrial Districts), 21.11 (Mixed-Use Districts), 21.12 (Special Purpose Districts), or 21.14 (Overlay/Combining Districts). The Community Development Director may determine whether a particular land use is allowable in compliance with Subsection 21.02.020(F) (Rules of Interpretation—Allowable Uses of Land);

B.

Permit/approval requirements. All land use permits or other approvals required by the Zoning Code shall be obtained by the applicant before the proposed use is constructed, established, or put into operation, unless

the proposed use is exempt as provided in Section 21.03.030 (Exemptions from Land Use Permit Requirements);

C.

Development standards. The use of land and/or structures shall comply with all applicable requirements of this Zoning Code, including the zoning district standards of Article 2 (Zoning Districts), and the provisions of Article 3 (Development and Operational Standards);

D.

Conditions of approval. The use of land and/or structures shall comply with any applicable conditions imposed by any granted land use permit or other approval; and

E.

Legal parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the State 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.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The land use permit requirements of this Zoning Code shall not apply to the following activities, uses of land, and/or structures:

A.

City facilities. Facilities of the city on land owned or leased by the city.

B.

Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

C.

Repairs and maintenance. Ordinary repairs and maintenance that does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The following activities shall be exempt from public hearing requirements if otherwise required by this Zoning Code:

(a)

Increase in Bedrooms. Reconfiguration of existing square footage to increase the number of bedrooms (not to exceed two additional bedrooms) within an existing dwelling unit. This increase shall be permitted without a public hearing, where otherwise required, only once per dwelling unit. The Community Development Director shall require recordation of a deed restriction documenting this restriction prior to issuance of a building permit for any dwelling unit increasing the allowable bedroom count pursuant to this section.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by other municipal code provisions or any applicable county, State, or Federal agency regulations. All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. 2043 § 1(part), 2004).

Land use permits submitted on or before June 2, 2023, may be carried out, or extended, in accordance with the development standards and permitting procedures in effect at the time of project submittal, provided that the permit or approval is valid and has not lapsed. A re-application for a permit or approval that expires after the effective date of this Zoning Code shall fully comply with the standards in effect at the time of re-application.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

ARTICLE 2 - ZONING DISTRICTS Chapter 21.04 - ESTABLISHMENT OF ZONING DISTRICTS

This chapter establishes the zoning districts applied to property within the city. It also determines how the zoning districts are applied on the zoning map, and provides general permit requirements for development and new land uses, and the zone driven development standards for each of the zoning districts.

(Ord. 2043 § 1(part), 2004).

The city of Campbell shall be divided into appropriate zoning districts that directly correspond to the land use designations outlined in the land use element of the General Plan.

TABLE 2-1

Zoning Districts and General Plan Designations

Notes:

(1)

Several sites are subject to a site-specific overlay as noted with a number on the Land Use Map that reflects the maximum developable gross acres of a property that may be used for residential development. The maximum developable gross acres allowed on a property shall be measured and provided as a single contiguous area on the property.

(2)

Accessory dwelling units, junior accessory dwelling units, and units developed in accordance with Chapter 21.25 (Two-Unit Housing Developments) are a residential use that are consistent with all residential general plan and zoning designations, and therefore, do not exceed the allowable density for the lot upon which they are located.

(3)

The designation of an area in the single-family zoning district includes establishing a minimum net lot area for new subdivisions, expressed as a suffix to the "R-1" zoning map symbol (e.g., R-1-6). In addition to establishing a minimum net lot area requirement, the suffix applied to areas in the single-family zoning district may also be used to impose specific development standards or land use restrictions.

(4)

The designation of an area in an overlay/combining district shall be expressed as an additional suffix to zoning map symbol (e.g., R-1-6-H, TO-MU-O) where the provisions of the overlay are exercised by a project.

(5)

The minimum net lot area for new subdivisions for properties with an RD zoning designation shall be depicted on the zoning map adopted pursuant to Section 21.04.030 (Zoning map adopted.) and expressed as a suffix to the "RD" zoning map symbol (e.g., RD-20).

(Ord. 2106 § 3 (Exh. B), 2008: Ord. 2043 § 1(part), 2004).

(Ord. No. 2252, § 16, 11-19-2019; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2305, §§ 2—4, 4-162024)

21.04.030 - Zoning map adopted.

The City Council hereby incorporates the City of Campbell zoning map (hereafter referred to as the zoning map) as part of this Zoning Code, which is on file with the community development department.

A.

Inclusion by reference. The zoning map together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map have been adopted by the City Council in compliance with State law (Government Code Sections 65800 et seq.) and are hereby incorporated into this zoning code by reference as though they were fully included here.

B.

Zoning district boundaries. The boundaries of the zoning districts established by Section 21.06.010 shall be shown on the zoning map as applicable.

C.

Relationship to General Plan. The zoning map shall implement the General Plan.

D.

Map amendments. Amendments to the zoning map shall follow the process established in Chapter 21.60 (Amendments).

E.

Zoning map interpretation. The zoning map shall be interpreted in compliance with Chapter 21.06 (District Boundaries).

(Ord. 2043 § 1(part), 2004).

Chapters 21.08 through 21.14 determine which land uses are allowed in each zoning district established by Section 21.04.020 (Zoning Districts Established), what permit or approval is required to establish each use, and the basic zone driven development standards that apply to allowed land uses in each zoning district.

All uses that are permitted, or permitted with a conditional use permit are still also subject to all other applicable standards, provisions and requirements set forth elsewhere in this Title, including but not limited

to the provisions of Articles 1, 3, 4, 5 and 6.

(Ord. 2043 § 1(part), 2004).

A.

Pre-zoned areas. The city has pre-zoned all unincorporated areas within the city's sphere of influence.

B.

Effective date of pre-zoning. The zoning shall become effective at the same time that the annexation of the area to the city becomes effective.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former § 21.04.050, and § 21.04.060 has been renumbered as § 21.04.050 as set out herein. The former § 21.04.050 pertained to subdistricts and derived from Ord. 2043 § 1(part), adopted 2004.

In cases where city ordinances, policies, policy documents (i.e., area plans, neighborhood plans, master plans), findings, conditions of approval, and other requirements reference a zoning district classification from the previous zoning code, such references shall be interpreted to mean the current zoning district in this zoning code as shown in Table 2-1a (References to Prior Zoning Districts).

TABLE 2-1a

References to Prior Zoning Districts

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A legacy zone is base zoning district, overlay zone, or combining district which was applied to a property prior to June 2, 2023, remains the zoning in effect for the property, but which may not be applied to any additional properties as of June 2, 2023. All rules and regulations of the legacy zone, and any subsequent amendments thereto, continue to apply to the subject property.

(a)

The city has two legacy zoning districts:

(1)

P-D (Planned Development) Zoning District; and

(2)

C-PD (Condominium Planned Development) Zoning District.

(b)

Where a legacy zone is shown on the zoning map, the requirements of that legacy zone as originally applied to a property remain in full force and effect.

(c)

Permitted land uses, development standards, and other provisions that apply within a legacy zone may be amended in compliance with Article 2 (Zoning Districts).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.06 - DISTRICT BOUNDARIES

This chapter establishes the rules that apply where uncertainty exists with respect to the precise boundaries of the various zoning districts shown on the zoning map, on file in the community development department, and made part of this chapter as if it were contained wholly within this chapter.

(Ord. 2043 § 1(part), 2004).

The zoning district boundaries are either alleys or streets, unless otherwise shown on the zoning map. Where the indicated boundaries on the map are approximately the alley or street lines the alleys or streets shall be construed to be the boundaries of the zoning district.

(Ord. 2043 § 1(part), 2004).

Where the zoning district boundaries are not shown to be alleys or streets, and where the property has been or may be divided into blocks and parcels, the zoning district boundaries shall be construed to be the parcel lines. Where the indicated boundaries on the zoning map are approximately the parcel lines, the parcel lines shall be construed to be the boundaries of each zoning district, unless the boundaries are otherwise indicated on the zoning map.

(Ord. 2043 § 1(part), 2004).

A.

Determined by scale. Where the property is indicated on the zoning map as acreage and not subdivided into blocks or parcels or where the district boundary lines on the zoning map shall be determined by the scale contained on the zoning map, and where uncertainty exists, the district boundary line shall be determined by a written decision of the planning commission.

B.

Planning Commission may interpret map. In the event property which is shown as acreage on the zoning map has been or is subsequently subdivided into blocks or parcels by a duly recorded subdivision map and the block or parcel arrangement does not conform to that anticipated when the district boundaries were established, or property is re-subdivided by a duly recorded subdivision map into different arrangement of blocks or parcels than shown on the zoning map, the Planning Commission, after notice to the owners of the affected property, may interpret the zoning map and make minor readjustments in the district boundaries to carry out the purpose and intent of these regulations and conform to the street and parcel layout on the ground.

C.

Map shall be changed. The interpretations or adjustments shall be by written decision, and thereafter copies of the zoning map shall be changed to conform to the interpretations.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.06.050 - Symbol for district.

Where one symbol is used on the zoning map to indicate the zoning district classification for an area divided by an alley(s), the symbol shall establish the classification of the whole area.

(Ord. 2043 § 1(part), 2004).

A.

Physical improvement. A physical improvement (e.g., alley, railroad, railway right-of-way, street, watercourse channel, or body of water) included on the zoning map shall, unless otherwise indicated, be included within the zoning district of adjoining property on either side of the improvement.

B.

Divided by physical improvement. Where the physical improvement (e.g., alley, railroad, railway right-ofway, street, watercourse channel, or body of water) serves as a boundary between two or more different zoning districts, a line midway in the physical improvement, and extending in the general direction of the long dimension thereof, shall be considered the boundary between the zoning districts.

(Ord. 2043 § 1(part), 2004).

In the event a dedicated alley or street, or portion thereof, shown on the zoning map is vacated by the city, the property formerly in the alley or street shall be included within the zoning district of the adjoining property on either side of the vacated alley or street. In the event the alley or street was a district boundary between two or more different zoning districts, the new district boundary shall be the former centerline of the vacated alley or street.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.07 - HOUSING DEVELOPMENT REGULATIONS

The purpose of this chapter is to establish objective Multi-Family Development and Design Standards (MFDDS) for housing development projects that are measurable, verifiable, and knowable to all parties prior to project submittal. This chapter also serves to provide a more efficient, predictable, and equitable review process with the intent of streamlining the approval of applicable housing development projects. The MFDDS, established by this chapter, are intended to implement the intent of the General Plan, and various planning policy documents (e.g., area plans, neighborhood plans) through the establishment of development and design standards and permitting procedures.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Multi-Family Development and Design Standards (MFDDS) and Form-Based Zoning Map (FBZM), established by this Chapter, shall apply to the following projects:

(a)

Housing development projects, as defined by Chapter 21.72 (Definitions), that meet the criteria of Section 65589.5 of the California Government Code applying under the provisions of the Housing Accountability Act (HAA) or similar law intended to limit the discretionary review authority of the City of Campbell after the effective date of this chapter; and

(b)

All applications to construct, create, enlarge, erect, install, maintain, or place a housing development project, or part of a housing development project, that is submitted, approved, or established after the effective date of this chapter; and

(c)

Alterations to a housing development project built, or deemed complete, prior to the effective date of this chapter, except as otherwise provided for in this chapter below.

Notwithstanding any other provision in this chapter to the contrary, the MFDDS shall not apply to the following projects:

(a)

A single-family residential dwelling unit with or without an accessory dwelling unit (ADUs) and/or junior accessory dwelling unit (JADU) except when part of a housing development project that includes more than one single-family residential dwelling unit;

(b)

Detached and interior accessory dwelling units (ADUs) and junior accessory dwelling Units (JADUs) as provided for by Chapter 21.23 of the Campbell Municipal Code;

(c)

Historic resources listed on the historic resource inventory as provided for by Chapter 21.33 of the Campbell Municipal Code;

(d)

Two-unit housing developments as provided for by Chapter 21.25 of the Campbell Municipal Code;

(e)

Housing development projects, alterations to housing development projects, and/or nonresidential buildings subject to an entirely discretionary permit review process; and

(f)

Emergency shelters as provided for by Chapter 21.36 of the Campbell Municipal Code.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The City Council hereby incorporates the MFDDS and Form-Based Zoning Map (FBZM) as part of this Zoning Code, which is on file with the Community Development Department and available on the city website, as may be amended from time to time. In adopting these MFDDS and Form-Based Zone Map, all other policy documents (e.g., area plans, neighborhood plans) shall not apply to housing development projects subject to the MFDDS as established by CMC 21.17.020 (Applicability) except where otherwise provided for by the MFDDS.

(a)

Inclusion by reference. The MFDDS and FBZM together with all content, including but not limited to, definitions, legends, symbols, notations, references, boundaries, and other information are hereby incorporated into this zoning code by reference as though they were fully included here.

(b)

Form-based zoning district boundaries. The boundaries of the form-based zoning districts shall be shown on the FBZM as applicable.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed for any housing development project subject to the MFDDS until a permit provided for by this section has been approved. The decision-making body shall be as specified in Chapter 21.38 (Application filing, Processing, and Fees). Applications for permits specified in this section shall not be subject to a Site and Architectural Review as set forth by Chapter 21.42 (Site and Architectural Review). Housing development projects subject to the MFDDS shall be required to obtain permits under the following tiers/categories:

(a)

Administrative Housing Development Project Permit. An Administrative Housing Development Project Permit shall be required for the following:

1.

Any housing development project consisting of less than five new residential units.

2.

Minor alterations to site or design details of a housing development project, with an approved permit as set forth by this chapter, as follows:

i.

Changes to the size (e.g., depth, width), placement, height, or design of an approved frontage type or building type within the same category.

ii.

Changes to site design details, including landscaping or hardscaping, screening, fencing, or lighting detail.

iii.

Changes to the assignment or placement of parking spaces which do not alter off-site circulation; and

iv.

Adding, removing, relocating, or modifying the design of an accessory structures less than six hundred square feet.

3.

Reconfiguration of existing square footage that does not result in:

i.

A decrease in the number of bedrooms;

ii.

An increase of more than two bedrooms per unit; and/or

iii.

Change the exterior appearance of the building except as otherwise provided by this chapter.

4.

Housing development projects that comply with all the requirements of Campbell Municipal Code Section 21.14.070.D.2 (Permit processing) of the Affordable Housing overlay/combining district.

(b)

Minor Housing Development Project Permit. A Minor Housing Development Permit shall be required for the following:

(1)

Any housing development project consisting of five or more new residential units.

(c)

Major Housing Development Project Permit. A Major Housing Development Project Permit shall be required for the following:

(1)

Any housing development project subject to Chapter 8 of the MFDDS (Specific to Large Sites); or

(2)

Any housing development project proposed in an overlay/combining district, except as otherwise provided for by the overlay/combining district.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2305, § 5, 4-16-2024)

21.07.050 - Decision-making body.

(a)

Administrative Housing Development Permits. The Community Development Director may review and decide applications for Administrative Housing Development Permit applications in compliance with the administrative decision process as prescribed in Chapter 21.71 (Administrative Decision Process).

(b)

Minor Housing Development Permits. The Planning Commission may review and decide applications for Minor Housing Development Permit applications in compliance with Chapter 21.38, (Application Filing, Processing, and Fees).

(c)

Major Housing Development Permits. The City Council may review and decide applications for Major Housing Development Permit applications in compliance with Chapter 21.38, (Application Filing, Processing, and Fees).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

An application for a housing development project, subject to the MFDDS established by this chapter, shall be filed, and reviewed in compliance with Chapter 21.38 (Application Filing, Processing and Fees).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

(a)

A Housing Development Permit shall be approved when all of the following findings are made:

(1)

The project, as conditioned, complies with all objective standards;

(2)

The project, as conditioned, is consistent with all applicable General Plan goals, policies, and actions;

(3)

In the event of a conflict between General Plan and Zoning Standards, the standards contained in the General Plan were applied;

(4)

The project will not result in a specific adverse impact to public health and safety that cannot be mitigated without rendering the project infeasible.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The procedures relating to the public hearing process that are identified in Chapter 21.64 (Public Hearing) shall apply for all Minor and Major Housing Development permits.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation, Time Limits and Extensions) shall apply following the decision on a housing development project permits.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The Community Development Director, the Planning Commission, or the City Council as applicable, may take the following actions in approving a Housing Development Project Permit:

(a)

May impose conditions. The decision-making body may impose conditions, as it deems reasonable and necessary under the circumstances, to carry out the intent of this chapter and the general plan.

(b)

May impose time limits. The decision-making body may impose time limits within which the conditions shall be fulfilled and the proposed development started or completed.

(c)

Permit time limits. Valid in ten days. The Housing Development Project Permit shall become valid ten days following the date of approval unless appealed, in compliance with Chapter 21.62, (Appeals).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

(a)

Initiation of Amendment. An amendment to the MFDDS and/or FBZM, except for amendments to the FBZM as provided for by Chapter 8 of the MFDDS (Specific to Large Sites), may be initiated only by the City Council, Planning Commission, City Manager, or Community Development Director.

(1)

Minor amendments. Typographical corrections, formatting changes (paragraph spacing, pagination, etc.), adding or enhancing graphics to support the text, adding version/revision/amendment history, and code citation revisions to the MFDDS and/or FBZM may be made by the Community Development Director or designee without notice.

(2)

Amendments to the MFDDS: All other amendments, other than those noted as minor, to the MFDDS shall be adopted by resolution of the City Council.

(3)

Amendments to the FBZM: All other amendments, other than those noted as minor, to the FBZM shall be adopted by resolution of the City Council.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.07.120 - Phasing.

(a)

Any phasing of a housing development project shall be subject to the phasing provisions as provided for in Chapter 21.56 (Permit Implementation, Time Limits, and Extensions).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.07.130 - Major changes to a housing development permit.

(a)

Major changes include changes to a housing development project permit as described in this section. These major changes may only be approved by the decision-making body that originally approved the permit. These modifications shall be processed in the same manner as the original permit or approval.

(1)

Changes from one private frontage type to another (i.e., porch projecting to dooryard);

(2)

Changes to design sites, lot configuration, location of proposed easements;

(3)

Changes from one form-based zone to another;

(4)

Changes from one building type to another;

(5)

Any increase in the number of stories (including the stories of a private frontage type);

(6)

Changes to the overall building height; and

(7)

Changes to the overall number of units where the total number of units in the project is less than five for a minor housing development project permit.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.08 - RESIDENTIAL DISTRICTS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former ch. 21.08, §§ 21.08.010—21.08.070, and enacted a new ch. 21.08 as set out herein. The former ch. 21.08 pertained to similar subject matter and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2070 § 1 (Exh. A)(part), adopted 2006; Ord. 2108 § 1(part), adopted 2008; Ord. No. 2182, § 1(Exh. A), adopted Oct. 7, 2014; Ord. No. 2216, § 10, adopted Dec. 12, 2016; Ord. No. 2225, § 9, adopted Aug. 15, 2017; and Ord. No. 2252, §§ 10, 11, 12, 8, 9, adopted Nov. 19, 2019.

21.08.010 - Purpose of chapter—Applicability.

A.

Residential zoning districts. This chapter provides regulations applicable to development and new land uses in the residential zoning districts established by Section 21.04.020 (Zoning Districts Established). The purpose of this chapter is to achieve the following:

1.

Preserve and enhance the predominately low density, high quality residential character of the city, while providing a variety of housing opportunities and residential land use options to accommodate existing and future residents;

Strive to attract quality development, while providing opportunities for neighborhood interaction;

3.

Ensure that existing residential neighborhoods, and any remaining vacant lands, are developed in a manner that preserves and enhances neighborhood character, establishes neighborhood identity, and provides a consistent land use pattern;

4.

Ensure compatibility of residential development, which is generally determined by prevailing density, parcel configuration and size, and structure design, scale, and type;

5.

Ensure adequate air, light, privacy, and open space for each dwelling;

6.

Minimize traffic congestion and avoid the overloading of public services and utilities; and

7.

Facilitate the provision of public improvements commensurate with anticipated increase in population, dwelling unit densities, and service requirements.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The purpose and zoning district map symbols of individual residential zoning districts are as follows:

(a)

Single-Family Residential Zoning District.

(1)

Purpose: The single-family residential zoning district is intended to stabilize and protect the residential characteristics of the district and to encourage a suitable environment for domestic home life. The singlefamily residential zoning district is intended to provide for detached single-family homes on larger parcels (ranging from six thousand to sixteen thousand square foot parcels). The designation of an area in the single-family zoning district includes establishing a minimum lot area for new subdivisions, expressed as a suffix to the "R-1" zoning map symbol (e.g., R-1-6). The single-family residential zoning district is consistent with the low-density residential land use designations of the General Plan.

(2)

Zoning District Map Symbol: R-1

(3)

Zoning District Map Symbol with Suffixes: R-1-6, R-1-8, R-1-9, R-1-10, R-1-16

(b)

Low-Medium Density Residential Zoning District.

(1)

Purpose: The low-medium density residential zoning district is intended for duplexes, apartment buildings, townhomes, detached small-lot single family homes, and uses in support of, and comparable to, such land uses. The low-medium density residential zoning district is consistent with the low-medium density residential land use designation of the General Plan.

(2)

Zoning District Map Symbol: LMDR

(c)

Medium Density Residential Zoning District.

(1)

Purpose: This medium density residential zoning district is intended for duplexes, apartment buildings, townhomes, and uses in support of, and comparable to, such land uses. This designation is typically applied to transition areas between lower-density neighborhoods and higher-density developments or commercial areas.

(2)

Zoning District Map Symbol: MDR

(d)

Medium-High Density Residential Zoning District.

(1)

Purpose: The medium-high density residential zoning district is intended for apartment buildings and condominiums, and uses in support of, and comparable to, such land uses. This designation is typically applied to areas away from major commercial intersections. The medium-high density residential zoning district is consistent with the medium-high density residential land use designation of the General Plan.

(2)

Zoning District Map Symbol: MHDR

(e)

High Density Residential Zoning District.

(1)

Purpose: The high density residential zoning district is intended for apartment buildings and condominiums and uses in support of, and comparable to, such land uses. This designation is typically applied to sites along Class I, or Class II arterial roadways that abut lower-density neighborhoods. The high density residential zoning district is consistent with the high density residential land use designation of the General Plan.

(2)

Zoning District Map Symbol: HDR

(f)

Mobile Home Park Zoning District.

(1)

Purpose: The mobile home park zoning district is intended for mobile homes, modular homes, and uses in support of, and comparable to, such land uses. The mobile home park zoning district discourages the conversion of existing mobile home parks to other uses. The mobile home park zoning district is consistent with the mobile home park land use designation of the General Plan.

(2)

Zoning District Map Symbol: MHP.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The permissibility of land uses in residential districts shall be as specified by Table 2-1 (Land Use Table - Residential Zoning Districts) subject to the operational and locational standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. The list of land uses is organized by headers which themselves do not convey an intended land use.

Table 2-2

Land Use Table — Residential Zoning Districts

(1)

Except as provided for by Chapter 21.25 - Two-Unit Housing Developments.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in residential zoning districts shall be as specified by Table 2-3 (Minimum Parcel Sizes for Newly Created Parcels - Residential Zoning Districts). Areas of special limitations may also be identified on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft. minimum).

Table 2-3

Minimum Parcel Sizes for Newly Created Parcels — Residential Zoning Districts

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-3 (Minimum Parcel Sizes for Newly Created Parcels - Residential Districts) and in Table 2-4 (General Development Standards - Residential Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading) and Article 4 (e.g., accessory structures).

Table 2-4

General Development Standards - Residential Districts

Minimum Setbacks

(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 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 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

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 to seven units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight to ten units shall not be less than 1.25, when the following conditions are met:

a.

The housing development project consists of at least three, but not more than ten, 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, the 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 three hundred square feet per dwelling unit, the LMDR zone shall have a maximum floor area ratio of fifty percent, and the MDR, MHDR, and HDR zones shall have a maximum floor area ratio of fifty-five percent. Further, the MHDR and HDR zones shall be permitted to build up to three-stories and forty-feet in height.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 6, 11-7-2023)

Chapter 21.10 - COMMERCIAL, OFFICE, AND INDUSTRIAL DISTRICTS[[2]]

--- ( 2 ) ---

Footnotes:

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former ch. 21.10, §§ 21.10.010—21.10.090, and enacted a new ch. 21.10 as set out herein. The former ch. 21.10 pertained to commercial and industrial districts and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2107 § 1(part), adopted 2008; Ord. 2108 § 1(part), adopted 2008; Ord. 2109 § 1(part), adopted 2008; Ord. No. 2126, § 1, adopted Dec. 1, 2009; Ord. No. 2127, § 1, adopted Dec. 1, 2009; Ord. No. 2135, § 1, adopted Sept. 7, 2010; Ord. No. 2149, § 1(Exh. A), adopted June 7, 2011; Ord. No. 2174, § 1(Exh. A), adopted Jan. 21, 2014; Ord. No. 2182, § 2(Exh. B), adopted Oct. 7, 2014; Ord. No. 2196, §§ 2—4, 6, 7, adopted Feb. 2, 2016; Ord. No. 2199, §§ 5—7, 9, adopted April 5, 2016; Ord. No. 2209, § 2, adopted Oct. 18, 2016; Ord. No. 2222, §§ 5, 5-16-2017, 1—4, 6, 7, adopted June 15, 2017; Ord. No. 2240, §§ 4—6, adopted March 19, 2019; Ord. No. 2270, §§ 5—7, 10, 11, adopted March 16, 2021; and Ord. No. 2281, §§ 5, 6, adopted June 7, 2022.

A.

Commercial, office, and industrial zoning districts. This chapter provides regulations applicable to development and new land uses in the commercial, office, and industrial zoning districts established by Section 21.04.020, (Zoning districts established). The purpose of this chapter is to achieve the following:

1.

Provide convenient and appropriately distributed commercial areas for retail and service establishments, including neighborhood and office uses required by residents of the city in a manner consistent with the general plan;

2.

Enhance the visual quality of the commercial streets by extending the structures along the street, thereby forming a street-wall effect;

3.

Enhance the visual image of the city through good design and appropriate structure placement. Visual quality can also be improved through appropriate and complementary structure scale, which means the relationship of new development to existing structures;

4.

Provide for the development of non-polluting, clean industrial uses to broaden the economic/employment base of the city, while ensuring compatible integration with nonindustrial uses, in a manner consistent with the general plan;

Upgrade the existing function and appearance of the city's industrial areas by encouraging high quality development;

6.

Provide adequate space to meet the needs of commercial and industrial development, including off-street parking and loading;

7.

Minimize traffic congestion and avoid the overloading of utilities;

8.

Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences; and

9.

Promote high standards of site planning and landscape design for the commercial and industrial developments within the city.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The purpose and zoning district map symbols of individual commercial, office, and industrial zoning districts are as follows:

A.

Professional Office Zoning District.

1.

Purpose: The Professional Office zoning district is intended for the development of professional offices in locations served by primary access, yet inappropriate for commercial development because of the proximity to residential uses. The type of offices allowed in this zoning district include administrative, professional, and research, and may provide customer service and instruction for personal or professional enrichment or be more corporate in nature. The Professional Office zoning district is consistent with the Professional Office land use designation of the General Plan.

2.

Zoning District Map Symbol: PO

B.

Neighborhood Commercial Zoning District.

Purpose: The Neighborhood Commercial zoning district is intended to provide for retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable and attractive commercial development which will be compatible with neighboring residential uses. This zoning district is designed to encourage the location of commercial uses at major intersections within residential areas. These areas should be designed to accommodate the auto in a manner that is also friendly to and harmonious with pedestrian and bicycle traffic. The architecture of the structures should be compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies, and restaurants are prime examples of neighborhood commercial uses. The Neighborhood Commercial zoning district is consistent with the Neighborhood Commercial land use designation of the General Plan.

2.

Zoning District Map Symbol: NC

C.

General Commercial Zoning District.

1.

Purpose: The General Commercial zoning district is intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city, and to promote a stable and attractive commercial development which will afford a pleasant shopping environment. The building forms should typically frame the street, with parking lots located either behind or under the structures they are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this zoning district. The General Commercial zoning district is consistent with the General Commercial land use designation of the General Plan.

2.

Zoning District Map Symbol: GC

D.

Research and Development Zoning District.

1.

Purpose: The Research and Development zoning district is intended to provide a stable environment conducive to the development and protection of specialized manufacturing, packaging, printing, publishing, testing, and research and development with associated administrative office facilities often providing a campus-like environment as a corporate headquarters. These facilities are operated and maintained in a clean and quiet manner and continually meet the standards identified in this chapter and in this Zoning Code. The Research and Development Zoning District is consistent with the Research and Development land use designation of the General Plan.

Zoning District Map Symbol: RD

E.

Light Industrial Zoning District.

1.

Purpose: The Light Industrial zoning district is designed to encourage sound industrial development (e.g., light manufacturing, industrial processing, storage and distribution, warehousing), in addition to service commercial uses (e.g., motor vehicle repair facilities) in the city by providing and protecting an environment exclusively for this type of development, subject to regulations identified in this Zoning Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or other related disturbances. Industries producing substantial amounts of hazardous waste, odor, or other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or office supply) would generally be allowed as ancillary uses, subject to appropriate development and design standards and guidelines. The Light Industrial zoning district is consistent with the light industrial land use designation of the General Plan.

2.

Zoning District Map Symbol: LI

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The permissibility of land uses in Commercial, Office, and Industrial districts shall be as specified by Table 2-5 (Land Use Table - Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The list of land uses is organized by headers which themselves do not convey an intended land use.

Table 2-5

Land Use Table — Commercial, Office, and Industrial Zoning Districts

(1)

When located more than fifty-feet from a public right-of-way, as measured from the back of a public sidewalk (or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not present), on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map.

(2)

When located more than five hundred-feet, as measured between the nearest property lines, from properties with a residential and/or mixed-use land use designation excepting properties with a "General Commercial/Light Industrial" land use designation.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2306, § 18, 4-16-2024)

In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in commercial, office, and industrial zoning districts shall be as specified by Table 2-6 (Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts). Areas of special limitations may also be identified on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft. minimum).

Table 2-6

Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.10.050 - Commercial, Office, and Industrial development standards.

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-6 (Minimum Parcel Sizes for Newly Created Parcels — Commercial, Office, and Industrial Districts) and in Table 2-7 (General Development Standards - Commercial, Office, and Industrial Zoning Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading, signs) and Article 4 (e.g., accessory structures).

Table 2-7

General Development Standards — Commercial, Office, and Industrial Districts

Setbacks required

(1)

Properties located within the Pruneyard/Creekside District 3.0 acres and larger shall be allowed to develop at a maximum F.A.R. of 2.0 as provided for by LU-8.7 of the General Plan. Properties located within the Winchester Boulevard Master Plan (WBMP) shall have a maximum F.A.R. of 1.5 as provided for on page 24 of the WBMP.

(2)

The Planning Commission may grant a reduction or allow a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the parcel.

(3)

The Planning Commission may allow a side setback of no less than five feet irrespective of building wall height where a property line abuts a non-residentially zoned property, when it finds that the reduced setback would enhance the architectural integrity of the building.

(4)

The Planning Commission may allow a side setback of less than five feet where a property line abuts a nonresidentially zoned property, when it finds that:

a.

The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than thirty-feet and limited to one-story; and

b.

The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication.

(5)

No side setback shall be required for a proposed building on the side property line where abutting a nonresidentially zoned property when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters) when the height of the building wall, inclusive of a parapet, adjacent to any side property line is no taller than thirty-feet and limited to one-story.

(6)

No rear setback shall be required for a proposed building when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).

(7)

A side setback of five feet shall be required for a proposed building when designed for, and limited for use as, an emergency shelter in accordance with CMC 21.36.085 (Emergency shelters).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.11 - MIXED-USE DISTRICTS

21.11.010 - Purpose of chapter—Applicability.

A.

Mixed-use zoning districts. This chapter provides regulations applicable to development and new land uses and alterations to existing land uses in the mixed-use zoning districts established by Section 21.04.020, (Zoning districts established). The purpose of this chapter is to achieve the following:

1.

Provide for a convenient and appropriate distribution of uses which broaden the economic/employment base of the city, while ensuring compatible integration with residential uses, in a manner consistent with the general plan;

Increase the number and diversity of housing options available in the city;

3.

Enhance the visual image of the city through good design and appropriate structure placement. Visual quality can also be improved through appropriate and complementary structure scale, which means the relationship of new development to existing structures;

4.

Upgrade the existing function and appearance of designated areas;

6.

Provide adequate space to meet the needs of the uses served, including off-street parking and loading;

7.

Minimize traffic congestion and avoid the overloading of utilities; and

8.

Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The purpose and zoning district map symbols of mixed-use zoning districts are as follows:

A.

Central Business Mixed-Use

1.

Purpose: The Central Business Mixed-Use zoning district is applied to the heart of the city including and surrounding parts of Campbell Avenue in downtown Campbell, and by reference to the Winchester Boulevard and East Campbell Avenue Master Plan areas. The building forms in this zoning district edge the street and include retail commercial uses (e.g., entertainment, shopping, and services) on the ground floor, with either office or residential uses on the upper floors. The Central Business Mixed-Use zoning district is consistent with the central commercial land use designation of the General Plan. The Central Business Mixed-Use zoning district is specifically created to promote the following objectives in the central business area of Campbell:

i.

To retain and enhance the Downtown area as a unique and economically viable retail and business center serving local and area wide commercial needs;

ii.

To reinforce Campbell Avenue as a pedestrian-orientated retail street;

iii.

To promote ground floor retail use, upper floor commercial and residential uses where appropriate and a suitable mix of uses in the Downtown area;

iv.

To establish development intensities consistent with the scale of the central business area and the amount of parking which can be accommodated within and adjacent to it;

v.

To maintain the pedestrian scale, character, and diversity of a small town business district;

vi.

To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent areas;

vii.

To preserve and enhance significant historic structures within the Downtown area; and

viii.

To ensure that new construction in the Downtown area is of a high architectural design quality while accommodating suitable architectural diversity.

2.

Zoning District Map Symbol: CB-MU

B.

General Commercial/Light Industrial

1.

Purpose: This designation generally consists of commercial uses as provided for by the General Commercial (GC) land use designation and industrial uses as provided for by the Light Industrial (LI) land use designation.

2.

Zoning District Map Symbol: GC/LI

C.

Professional Office/Low-Medium Density Residential

Purpose: This designation generally consists of office uses as provided for by the Professional Office (P-O) land use designation and/or residential uses as provided for by the Low-Medium Density Residential (LMDR) land use designation. This designation is intended to serve as a transitional buffer between the more intense uses located in Downtown, and the surrounding low density residential uses, as well as to facilitate the adaptive reuse of historic buildings.

2.

Zoning District Map Symbol: PO/LMDR

D.

General Commercial Mixed-Use

1.

Purpose: This designation generally consists of residential land uses as provided for by the Medium-High Density Residential (MHDR) land use designation and commercial uses as provided for by the General Commercial (GC) land use designation. Mixed-use residential projects are encouraged within this designation but not required.

2.

Zoning District Map Symbol: GC-MU

E.

Neighborhood Commercial Mixed-Use

1.

Purpose: This designation generally consists of commercial land uses as provided for by the Neighborhood Commercial (NC) land use designation and residential uses as provided for by the Medium Density Residential (MDR) land use designation. Mixed-use residential projects are encouraged within this designation but not required.

2.

Zoning District Map Symbol: NC-MU

F.

Medium-High Density Mixed-Use

1.

Purpose: This designation generally consists of residential uses as provided for by the Medium-High Density Residential (MHDR) land use designation and commercial uses as provided for by the General Commercial (GC) land use designation. Mixed-use residential projects are encouraged within this designation but not required.

Zoning District Map Symbol: MHD-MU

G.

High Density Mixed-Use

1.

Purpose: This designation generally consists of residential uses as provided for by the High Density Residential (HDR) land use designation and commercial uses as provided for by the General Commercial (GC) land use designation. Mixed-use residential projects are encouraged within this designation but not required.

2.

Zoning District Map Symbol: HD-MU

H.

Commercial-Corridor Mixed-Use

1.

Purpose: This designation generally consists of higher- density residential, and mixed-use development that are primarily located along Class I and Class II Arterial Roadways, such as Bascom Avenue, Hamilton Avenue, Winchester Boulevard, and parts of Campbell Avenue. Mixed-use residential projects are strongly encouraged within this designation but are not required.

2.

Zoning District Map Symbol: CC-MU

I.

Transit-Oriented Mixed-Use

1.

Purpose: This designation generally consists of very high density commercial, residential, and mixed-use development within walking distance of high-quality transit service such as light rail. Mixed-use residential projects are strongly encouraged within this designation but are not required.

2.

Zoning District Map Symbol: TO-MU

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The permissibility of land uses in mixed-use districts shall be as specified by Table 2-8 (Land Use Table - Mixed-Use Districts) subject to the operational and locational standards contained in Article 3, except for the Central Business Mixed-Use zoning district which land uses shall be as specified by Section 21.11.060 (Central Business Mixed-Use Zoning District). Where a land use is specified as allowed subject to the approval of an Administrative Conditional Use Permit or Conditional Use Permit in any of the zoning districts referenced, approval of the permit type requiring the highest decision-making body specified shall be required (i.e., Planning Commission is a higher decision-making body than the Community Development Director), in compliance with Chapter 21.46 (Conditional use permits). Further, where a land use is specified as permitted in one of the zoning districts specified and allowed subject to the approval of an Administrative Conditional Use Permit or Conditional Use Permit in any other zoning district specified, approval of a Conditional Use Permit shall be required in accordance with the preceding provision requiring approval of the highest decision-making body specified.

Table 2-8

Land Use Table — Mixed-Use Districts

(1)

In the event of a conflict between a land use identified as allowable, conditionally allowable, or prohibited between the zoning districts specified (i.e., a land use is identified as permitted by one zoning district, but conditionally allowable by another zoning district specified) the following procedures shall be followed:

a.

Residential Uses: Those uses identified by the residential zoning district specified shall be permitted, conditionally allowable, or prohibited within the residential component of the mixed-use project as specified by the land use table of the zoning district specified.

b.

Non-Residential Uses: Those uses identified by any non-residential component of the mixed-use project shall be permitted, conditionally allowable, or prohibited within any non-residential component of the mixed-use project as specified by the land use table of the zoning district specified.

(2)

Live/work units shall be conditionally allowed in all mixed-use zoning districts, except the General Commercial/Light Industrial and Central Business Mixed-Use zoning district, subject to the standards and requirements of Section 21.36.120 (Live/Work units).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in mixeduse zoning districts shall be as specified by Table 2-9 (Minimum Parcel Sizes for Newly Created Parcels - Mixed-Use Zoning Districts). Areas of special limitations may also be identified on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft. minimum).

Table 2-9

Minimum Parcel Sizes for Newly Created Parcels — Mixed-Use Zoning Districts

(1)

Caretaker or employee housing, and emergency shelters as provided for by Chapter 21.36 (Provisions Applying to Special Uses) shall be designed in accordance with the development standards for nonresidential uses.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-9 (Minimum Parcel Sizes for Newly Created Parcels - Mixed-Use Zoning Districts) and in Table 2-10 (General Development Standards - Mixed-Use Zoning Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading) and Article 4 (e.g., accessory structures).

Table 2-10

General Development Standards - Mixed-Use Zoning Districts)

(1)

Notwithstanding any provision to the contrary, the maximum FAR for a housing development project consisting of three to seven units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight to ten units shall not be less than 1.25, when the following conditions are met:

a.

The housing development project consists of at least three, but not more than ten, 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.

(2)

Caretaker or employee housing, and emergency shelters as provided for by Chapter 21.36 (Provisions Applying to Special Uses) shall be designed in accordance with the development standards for nonresidential uses.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Land uses in the Central Business Mixed-Use zoning district. The permissibility of land uses, whether on the ground floor, an upper floor, or on all floors, as applicable, shall be as specified by Table 2-11 (Land Use Table — Central Business Mixed-Use Zoning District), except for land uses in the Winchester Boulevard and East Campbell Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table — Master Plan Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Operational requirements for outdoor merchandise display, outdoor seating, alcohol sales for on-site consumption, and live entertainment are provided further in this chapter.

Table 2-11

Land Use Table — Central Business Mixed-Use Zoning District

(1)

The ground floor of an apartment building shall be limited to commercial tenant space, parking facilities, and a lobby. Residential units, leasing offices, and recreation spaces shall be restricted to upper floors.

(2)

Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33 (Historic Preservation).

(3)

Except as specified by Section 21.11.060.E (Standards for live entertainment in the Central Business Mixed-Use Zoning District), which allows certain pedestrian-oriented activities to incorporate live entertainment without a conditional use permit.

(4)

"Incompatible Activities" means any land use not identified in Table 2-11 (Land Use Table) or that incorporates one or more of the following characteristics, as determined by the community development

director in compliance with Section 21.02.020.F (Allowable uses of land).

•

Any use inconsistent with state or federal law;

•

Services offered by a "body art" practitioner as governed by California Health and Safety Code sections 119300—119324 (i.e., tattoo parlors and similar uses);

•

Services offered by a deferred deposit transaction "licensee" as governed by California Financial Code sections 23000—23106 (i.e., payday lenders and similar uses);

•

Services offered by a "check casher" as governed by California Civil Code sections 1789.30—1789.38 (i.e., check cashing and similar uses);

•

Services offered by a "pawnbroker" as governed by California Financial Code sections 21000—21307 (i.e., pawnshops and similar uses);

•

Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter 5.55;

•

Storage of industrial vehicles;

•

Storage or warehousing of merchandise or products unrelated to on-site retail sales;

•

Outdoor storage of merchandise or products;

•

Assembly, compounding, manufacturing or industrial processing of merchandise or products;

•

Breeding, harboring, raising, or training of animals;

Repair, maintenance, or sale of motor vehicles;

•

Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or drive-in service);

•

Smoking or vaping of tobacco products (as defined by Chapter 6.11);

•

Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38 and 8.40);

•

All incineration; or

•

Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance which is obnoxious or offensive or creates a nuisance.

(5)

When clearly ancillary to a pedestrian-oriented activity and meeting the requirements of CMC 21.36.145 B.1.).

(6)

Outdoor seating on private property is subject to the provisions provided in Section 21.36.150 (Outdoor seating).

(7)

Outdoor seating and merchandise display within the public right-of-way are permitted as specified by Section 21.11.060.F.

(8)

"Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate all of the following characteristics as determined by the community development director in compliance with Section 21.02.020.F (Allowable uses of land). This definition specifically includes retail stores, grocery stores, personal services, full service restaurants, indoor amusement centers, and studios as defined by Chapter 21.72 (Definitions).

•

Provides or offers food, beverages, retail goods, services, instruction, and/or entertainment to the general public;

•

Is open to the general public on a regular basis;

•

Is conducted within the interior of a building, except for outdoor displays and outdoor dining areas as allowed by this Chapter;

•

Maintains a transparent storefront open to the interior of the business and/or onto a merchandise display (when on the ground floor); and

•

Is not otherwise classified as an incompatible activity as defined by this Chapter.

B.

Land uses in the Area/Master Plan areas: The permissibility of land uses in the Winchester Boulevard and East Campbell Avenue Master Plan areas on properties with a General Plan land use designation of Central Business Mixed-Use shall be as specified by Table 2-11a (Land Use Table — Master Plan Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed.

Table 2-11a

Land Use Table — Master Plan Areas

(1)

See Table 2-11, Note #4 of this Chapter for the definition of "Incompatible activities," excepting as to reference any "land use not identified" in Table 2-11a of this Chapter rather than Table 2-11 of this Chapter.

C.

General development standards. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-11b (General Development Standards — Central Business Mixed-Use Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).

Table 2-11b

General Development Standards — Central Business Mixed-Use Zoning District

(1)

The Planning Commission or City Council may approve an F.A.R. of up to 1.5 for projects without a residential component if it makes all the following findings:

a.

The scale and intensity of the development does not create adverse traffic and parking impacts on the Downtown.

b.

The design, scale, and context of the project are consistent with the goals and objectives established in the Downtown Development Plan.

(2)

The City Council may grant an exception to the otherwise maximum F.A.R. for a property listed on the Historic Resource Inventory by approval of a Zoning Exception, in compliance with Section 21.33.150.B.2 (Zoning Exception).

D.

(Reserved).

E.

Standards for live entertainment in the Central Business Mixed-Use zoning district. Live entertainment, when clearly ancillary to a pedestrian-oriented activity, is permitted without a conditional use permit subject to the following restrictions:

1.

Permitted only for pedestrian-oriented activities that are not already subject to a conditional use permit;

2.

Maximum of four performers;

3.

Hours of nine a.m. to eleven p.m.;

4.

Alcoholic beverage service shall be restricted to a Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) license issued by the Department of Alcoholic Beverage Control, and at no time shall off-site sales be allowed. Full food service shall be available during entertainment;

5.

Ambient noise levels shall allow normal conversation, and may not be audible more than fifty feet from the businesses tenant space. However, in no case may noise from the live entertainment disrupt neighboring businesses;

6.

No cover charge may be imposed;

7.

Areas for dancing and festival seating are not allowed;

8.

If the police department or community development department find that a business is in noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until a live entertainment permit is issued by the City Council subject to the requirements set forth by Section 5.24.010(a) et seq. (Live entertainment) of this Zoning Code;

F.

Standards and permit requirements for outdoor seating and merchandise display within the public right-ofway for a pedestrian-oriented activity. The following standards govern the provision of outdoor seating/dining areas and the outdoor display of merchandise within the public right-of-way (sidewalk) in the Central Business Mixed-Use zoning district. These standards are minimum standards and additional requirements may be added through the discretionary review process.

1.

Permit required. Outdoor seating and merchandise displays may be allowed subject to approval of an outdoor seating and display permit by the community development director. Approval is subject to the standards provided below and any other conditions as may be deemed necessary by the community development director in order to protect the health, safety, and welfare of the city.

2.

Application. Application for an outdoor seating and display permit shall be filed with the community development department. The application shall be accompanied by a plan set, drawn to scale, depicting sidewalk dimensions, the location of seating, tables, umbrellas, and merchandise displays together with other information and exhibits as required by the community development director.

3.

General standards.

a.

A four-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk. This walkway shall provide for pedestrian access to doorways, crosswalks, and along the public sidewalk. No part of the walkway shall be within two feet of the building face or within one foot of the face of curb, and the walkway shall not cross the path of outward-opening doors or windows.

b.

All tables, seats, and displays shall be placed inside at the end of each business day.

c.

Material placed on the sidewalk shall be secured so as not to be moved by the wind. However, tables, seats, or displays may not be bolted into the ground or secured to the streetlights, trees, or other street furniture.

d.

The permit holder is responsible for picking up all litter associated with the outdoor seating or display and shall maintain the area in a clean condition at all times.

4.

Outdoor seating.

a.

Outdoor seating shall be located directly in front of the permit holder's tenant space as set forth in the approved application and accompanying plans.

b.

Tables, seating, or displays shall not be placed within the area of any disabled ramps, driveways, or doorways.

c.

Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the face of curb.

d.

The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not extend past the curb.

e.

Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be attractive, made of durable materials, and be maintained in good repair and in a manner to enhance the downtown area.

5.

Outdoor Displays.

a.

Outdoor merchandise displays shall be placed against the building face abutting the permit holder's tenant space and shall be limited to fifty percent of the business frontage.

b.

Tenants on corner lots are permitted displays along one frontage only.

c.

Merchandise shall be attractively displayed on appropriate racks or other similar stands. Displays using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted. Merchandise too large to be placed on a display may be freestanding.

d.

Displayed merchandise shall be the same type of merchandise sold in the existing business at the site.

e.

Displays, including the merchandise placed on them, may not be more than four feet high. The community development director may approve displays greater than four feet if it can be found that the display will not block the visibility of windows of that business.

f.

One sign, not to exceed one square foot, per display is permitted for pricing.

6.

Indemnification/insurance. The permit holder shall indemnity, defend and hold the city, its agents, officers, attorneys, employees, and officials harmless from any and all claims, causes of action, injuries, or damages arising out of any negligent acts on part of the permit holder, its agents, officers, employees, or anyone rendering services on their behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this provision.

a.

The permit holder, during the continuance of this permit and at no cost to the city, shall maintain a comprehensive liability policy in the amount of one million dollars and if applicable a worker's compensation liability policy each with a minimum coverage of one hundred thousand dollars.

b.

The policy shall include the city as additional insured and shall apply as primary insurance and shall stipulate that no other insurance effected by the city will be called on to contribute to a loss.

c.

Before the issuance of a permit, the permit holder shall furnish to the city a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this permit.

d.

If the insurance policy is canceled, terminated, suspended, or materially changed, the outdoor seating and display permit shall be suspended until the time that compliance with the requirements of this subparagraph has been fully satisfied.

G.

Development review regulations for projects in the Central Business Mixed-Use zoning district.

1.

Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are architecturally exemplary of the variety of historic periods in which they were constructed. These design standards are intended to both promote the conservation and rehabilitation of buildings and to encourage new building and remodeling which is simultaneously in keeping with existing buildings and architecturally exemplary of contemporary design. In this way the architectural history and richness of downtown will be continued and expanded.

Each new building and remodeling project in the downtown shall adhere both in its large- and small-scale parts to the architectural parts or style adopted for the project. Architectural design shall be of high quality, measured against contemporary standards.

2.

Intent. The guidelines below govern building mass; building form and composition; storefronts; materials, colors and finishes; and other elements. They are intended to encourage the relation of specific project aspects to the designated architectural parts or style.

3.

Site and Architectural Review required. Non-residential buildings and structures in the Central Business Mixed-Use zoning district shall conform to the design standards in paragraphs 4—8 below and are subject to approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review):

4.

Building mass.

a.

Large building facades shall be divided into smaller elements to complement the intimate scale created by the existing small property divisions.

b.

Second floor decks or terraces at the rear of buildings for use by adjacent offices or restaurants should be incorporated whenever practical to add a sense of vitality to the rear building facades.

c.

Roof design shall be consistent with the building's architectural style. Mansard, shed, or residential type roofs are prohibited unless it is demonstrated that such a roof style is structurally or architecturally suitable for the particular project or location.

d.

The existing residential building types of historical significance should retain their character, including features such as landscaped setbacks.

5.

Building form and composition.

a.

Unique and historic building elements such as parapet details and belt courses shall be retained and restored.

b.

Traditional commercial building forms should be incorporated whenever practical.

c.

Open air dining areas facing Campbell Avenue should be employed to the greatest extent practical. The buildings should not be set back from the street, but should contain the dining areas within their architectural framework.

d.

Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows, augmented with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are the only structurally or architecturally suitable form of wall for the particular project or location.

e.

Architecturally exemplary design of high quality shall be employed. Buildings should not be made to look "old time" unless such design would be clearly more appropriate and harmonious with the purpose of this chapter.

f.

Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style.

6.

Storefronts.

a.

First floor frontages shall have an integrated design including display windows, an entry, and signing.

b.

The design of the building storefront shall be consistent with the building's architectural style.

c.

Walls facing pedestrian ways should have elements of visual interest, such as fenestration, displays, signing, or landscaping, unless the effect of such elements would be clearly contrary to the purposes of this chapter. Large areas of blank walls should not be permitted unless it is demonstrated that such blank areas are clearly more appropriate and harmonious than would be the case if elements of visual interest were incorporated.

d.

Buildings facing Campbell Avenue shall have their primary entries along that street.

e.

Entries should be recessed, as they add depth to storefront, and act as transition areas between the street and shop interiors, unless the effects of such entries would be clearly contrary to the purposes of this paragraph.

f.

Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or windows of heavily tinted or reflective glass should not be approved unless it is demonstrated that such doors and windows are the only structurally or architecturally suitable form for the particular project or location.

g.

Storefront windows shall reflect the building's character. For instance, on 1940's and 50's "showcase" buildings, exposed aluminum frame windows are appropriate.

h.

Ground floor offices facing Campbell Avenue are required to maintain the same storefront character as retail spaces.

i.

Awnings on building facades should be employed when appropriate, as they add color, weather protection, and opportunities for signing. As in other architectural elements, the awnings should be designed to reflect the building's geometry.

Materials, colors, and finishes.

a.

Primary facade materials shall be limited to those that are characteristic of the building's architectural style.

b.

Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt to look antiqued or used.

c.

Primary building colors shall be characteristic of the building's architectural style. Overly bright, garish, or otherwise offensive colors or color combinations are prohibited.

d.

Accent materials such as tile bases shall be carefully chosen to complement the building style and coordinate with adjacent buildings. The use of shingles, lava rock, sheet metal siding, or any other residential or industrial materials should not be approved unless it is demonstrated that such material would be the only structurally or architecturally suitable materials for the project or location.

e.

Painted trim shall coordinate with primary facade colors to add more depth and interest to the buildings.

f.

A coordinated color scheme that responds to the style of the structure shall be developed for each building. The colors of signing, awnings, planters, accent materials, and primary facade colors should all be considered. The number of colors should be limited.

8.

Other elements.

a.

Trash collection and storage areas shall be carefully screened.

b.

Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the storefront areas.

c.

Colorfully landscaped planters are allowed. These are especially appropriate below second floor windows.

d.

All building maintenance shall be done conscientiously.

H.

Sign regulations for Central Business Mixed-Use zoning district. The following provisions shall apply to the Central Business Mixed-Use zoning district only and shall supersede those listed by Section 21.30.080 (Permanent signs):

1.

Intent. The intent of these regulations is to stimulate creative, good quality signing which will complement the intimate scale and architectural character of the area, and which will complement the architectural style of the building to which the signing is fixed.

2.

Allowable signs. Each business shall be allowed one square foot of sign area for each one linear foot of business frontage. A minimum of twenty square feet is allowed and a maximum of forty square feet is allowed for each business.

3.

Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal, painted fabric, and similar materials. Plastic signs shall not be approved.

4.

Wall signs. Each business may have one wall sign, except corner businesses, which may have two. This sign shall be located below the top of parapet on single story buildings and below the second floor sill on multistoried buildings. It may be painted directly on a wall, a sign panel attached to a parapet wall, or of individually formed letters attached to a wall.

5.

Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk screened or appliquéd onto the awning. Awnings may project five feet into the public right-of-way on Campbell Avenue and shall maintain a minimum clearance of eight feet from the ground. All other streets shall be limited to a two-foot projection and have a minimum clearance of eight feet. Awnings shall be securely attached to buildings and well maintained. No supports or poles may be located in the public right-of-way. Awning forms shall be carefully chosen to complement the architectural style of the building to which they are fixed.

==> picture [169 x 163] intentionally omitted <==

Figure 2-1: Awning

6.

Projecting signs.

a.

In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-sided projecting sign. The projecting sign may be a maximum of six square feet and may serve to identify more than one tenant in the building.

b.

Signs may project a maximum of four feet over the public right-of-way with a minimum eight-foot clearance from the ground. Signs shall not project above any roofline or facade of the building.

c.

Projecting signs shaped as symbols depicting the goods or services being sold by the business are encouraged.

d.

Wood signs, that are carved, painted, stained, or feature raised letters and symbols are specifically encouraged.

e.

Sign colors should relate to material or paint scheme of the building. Fluorescent colors are not allowed.

f.

Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon signs, or flashing signs.

g.

Projecting signs shall be mounted perpendicular to the street and may be hung from coverings over sidewalks or affixed to the building wall.

(1)

Signs shall be structurally attached to the building with wood, metal brackets, chain, or other similar materials in a manner compatible with the architectural style of the building.

(2)

Fabric signs shall be anchored to the building from both the top and bottom of the sign.

==> picture [73 x 285] intentionally omitted <==

Figure 2-2: Projecting Sign

7.

Lighting. Only external illumination of signs is allowed except for backlit individual letter signs.

I.

Nonconforming uses and structures in the Central Business Mixed-Use zoning district. Nonconforming uses and structures shall be governed by the standards set forth in Chapter 21.58 (Nonconforming Uses and Structures), except that whenever a nonconforming use has been abandoned or discontinued for a continuous period of six months, the nonconforming use shall not be reestablished; and the use of the structure and the site shall comply with the regulations for the Central Business Mixed-Use zoning district. Notwithstanding the foregoing provision, an existing use with a conditional use permit that was issued before September 1, 2020, shall be considered a conforming use for purposes of this section.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2306, §§ 19—21, 4-16-2024)

Chapter 21.12 - SPECIAL PURPOSE DISTRICTS

This chapter provides regulations applicable to development and new land uses in the special purpose zoning districts established by Section 21.04.020 (Zoning Districts Established). The purposes of the individual special purpose zoning districts and the manner in which they are applied are identified below.

(Ord. 2043 § 1(part), 2004).

The purpose and zoning district map symbols of individual special purpose zoning districts are as follows:

A.

Condominium Planned Development Zoning District.

1.

Purpose: The Condominium Planned Development zoning district is established to provide for the construction of new residential, commercial, and industrial condominiums. This zoning district also provides for the conversion of existing multiple-family rental housing units into condominiums, community apartments, stock cooperatives, and any other subdivision that is a conversion of existing rental housing. This district also provides for the conversion of existing commercial and industrial structures to commercial and industrial condominiums.

2.

Zoning District Map Symbol: C-PD.

B.

Planned Development Zoning District.

1.

Purpose: The purpose of the Planned Development zoning district is as follows:

1.

To provide a means for the planned coordination of development and land uses with a degree of flexibility that is not available in other zoning districts to allow developments which are more innovative, affordable, and/or responsive to site characteristics.

2.

To incentivize increases in the quantity, quality, and functionality of open space, and the incorporation of community serving amenities and design features.

Zoning District Map Symbol: P-D.

C.

Public Facilities Zoning District.

1.

Purpose: The Public Facilities zoning district is intended for the construction, use, and occupancy of educational, governmental, and public utility structures and facilities, and other uses compatible with the semipublic character of the zoning district.

2.

Zoning District Map Symbol: PF.

D.

Open Space Zoning District.

1.

Purpose: The purpose of the Open Space zoning district is to protect the public health, safety, and welfare; to protect and preserve open space land as a limited and valuable resource; to permit a reasonable use of open space land while at the same time preserving and protecting its inherent open space characteristics to assure its continued availability as agricultural land, scenic land, recreation land, conservation, or natural resource land.

2.

Zoning District Map Symbol: OS.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former § 21.12.020, and enacted a new § 21.12.020 as set out herein. The former § 21.12.020 pertained to C-PD (condominium planned development) zoning district and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2070 § 1 (Exh. A)(part), adopted 2006; Ord. 2108 § 1(part), adopted 2008; Ord. No. 2196, § 8, adopted Feb. 2, 2016; and Ord. No. 2199, § 10, April 5, 2016.

The permissibility of land uses in special purpose districts shall be as specified by Table 2-12 (Land Use Table - Special Purpose Districts) subject to the operational and locational standards contained in Article 3, except for the Planned Development and Condominium Planned Development zoning districts which permissibility of land uses shall be the same as the zoning district that directly corresponds to the general plan land use designation of the property as outlined in Table 2-1 (Zoning Districts and General Plan Designations). Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (C) are conditional and may be allowed subject to approval of a conditional use permit in compliance with Chapter 21.46.

Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. The list of land uses is organized by headers which themselves do not convey an intended land use.

Table 2-12

Land Use Table —Special Purpose Districts

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former § 21.12.030, and enacted a new § 21.12.030 as set out herein. The former § 21.12.030 pertained to P-D (planned development) zoning district and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2070 § 1 (Exh. A) (part), adopted 2006; Ord. 2093 § 1(part), adopted 2007; Ord. 2108 § 1(part), adopted 2008; Ord. 2109 § 1(part), adopted 2008; Ord. No. 2129, § 1, adopted June 1, 2010; Ord. No. 2196, § 9, adopted Feb. 2, 2016; Ord. No. 2199, § 11, adopted April 5, 2016; Ord. No. 2252, § 13, adopted Nov. 19, 2019; and Ord. No. 2270, § 12, March 16, 2021.

In addition to the permitting procedures and requirements contained in Title 20 (Subdivision and Land Development), the minimum area, width, and frontage of parcels proposed in new subdivisions in special purpose districts shall be as specified by Table 2-12a (Minimum Parcel Sizes for Newly Created Parcels — Special Purpose Districts) except for the Planned Development and Condominium Planned Development zoning districts which subdivision standards shall be the same as the zoning district that directly corresponds to the general plan land use designation of the property as outlined in Table 2-1 (Zoning Districts and General Plan Designations) except for properties with a low-density residential land use designation which shall not be subdivided smaller than the largest minimum lot size in which the lot would be conforming. Areas of special limitations may also be identified on the zoning map as a number with the number indicating the minimum parcel area for subdivision in thousands of square feet (i.e., 80 = 80,000 sq. ft. minimum).

Table 2-12a

Minimum Parcel Sizes for Newly Created Parcels — Special Purpose Districts

(1)

All divisions of land into four or more parcels shall be designed on the cluster principle and shall be designed to minimize roads; to minimize cut, fill, and grading operations; to locate development in less rather than more conspicuous areas; and to achieve the purpose of the Open Space zoning district.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former § 21.12.040, and enacted a new § 21.12.040 as set out herein. The former § 21.12.040 pertained to P-F (public facilities) zoning district and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2108 § 1(part), adopted 2008; Ord. No. 2196, § 10, adopted Feb. 2, 2016; and Ord. No. 2270, § 13, adopted March 16, 2021.

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 2-12a (Minimum Parcel Sizes for Newly Created Parcels — Special Purpose Districts) and in Table 2-12b (General Development Standards - Special Purpose Districts), in addition to the development standards contained in Article 3 (e.g., landscaping, fences, parking and loading, signs) and Article 4 (e.g., accessory structures), except for the Planned Development and Condominium Planned Development zoning districts which general development standards shall be the same as the zoning district that directly corresponds to the general plan land use designation of the property as outlined in Table 2-1 (Zoning Districts and General Plan Designations).

Table 2-12b

General Development Standards — Special Purpose Districts

(1)

The Planning Commission shall have the authority to increase the F.A.R. for a specific use at a specific location when it determines that circumstances warrant an adjustment.

(2)

The Planning Commission may modify such setbacks when it is found to be necessary to maintain the purpose of the zoning district.

(3)

The Planning Commission may allow higher structures provided that one-half foot shall be added to each yard for each foot that the structure exceeds the maximum height.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former § 21.12.050, and enacted a new § 21.12.050 as set out herein. The former § 21.12.050 pertained to P-F/O-S (open space) zoning district and derived from Ord. 2043 § 1(part), adopted 2004; Ord. 2108 § 1(part), adopted 2008; and Ord. No. 2196, §§ 11, 12, Feb. 2, 2016.

Chapter 21.14 - OVERLAY/COMBINING DISTRICTS

A.

Purpose. This chapter provides guidance for development and new land uses in addition to the standards and regulations of the primary zoning district, where important area, neighborhood, or site characteristics require particular attention in project planning.

B.

Applicability. The applicability of any overlay/combining zoning district to specific sites is illustrated by the overlay zoning map symbol established by Section 21.04.020 (Zoning Districts Established) and/or as described in accordance with this chapter and shall be indicated by a suffix appended to the symbol of the base zoning district (e.g., R-1-6-H, GC-O, TO-MU-CB) where the provisions of the overlay are exercised by a project. The provisions of this chapter apply to development and new uses in addition to all other applicable requirements of this Zoning Code. In the event of any conflict between the provisions of this chapter and any other provision of this Zoning Code, this chapter shall control.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2305, § 6, 4-16-2024)

21.14.020 - H (Historic Preservation) overlay/combining zoning district.

A.

Creation. There is created an "H" overlay/combining zoning district for the purpose and intent of identifying, protecting, and preserving the historic and/or cultural resources of the city.

B.

Purpose. The purpose and intent of the "H" overlay/combining zoning district is to provide a means to preserve and enhance structures, properties, or areas of architectural, engineering, and historic significance located within the city, identified as landmarks or historic districts. The "H" overlay/combining zoning district shall be used in general accord with the policies and principles of the General Plan, and is consistent with the purpose and criteria of the historic preservation policy of the city of Campbell, as specified in Chapter 21.33 (Historic Preservation).

C.

Designation. All development within the "H" overlay/combining zoning district shall be subject to the provisions of Chapter 21.33 (Historic Preservation).

D.

Allowed uses. The principal, accessory, and conditional uses in the "H" overlay/combining zoning district shall be the same as those of the base zoning district with which it is combined.

E.

General provisions. When the "H" overlay/combining zoning district is applied, the general provisions of this section as well as those of the base zoning district with which the "H" district is combined, shall apply. Where a conflict occurs, the provisions identified in this section shall apply.

(Ord. 2043 § 1(part), 2004; Ord. 2113 § 1(A), 2008; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.14.030 - O (Overlay) overlay/combining zoning district.

A.

Purpose. The purpose of the overlay district is to provide modifications, additions and limitations to zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be treated satisfactorily. The "O" overlay district may only be combined with the commercial or industrial zoning districts identified by Chapter 21.10 (Commercial and industrial districts) , which are referred to by this section as the "base zoning district."

The addition of an overlay district designated with any zoning district shall not operate to reduce or eliminate any requirements established by the basic district regulations, regulations applicable to all districts, or other requirements contained in this chapter applicable to any district with which the overlay district is added except variations to lot area, lot width, open space in yard, setbacks, height and parking space requirements, and as otherwise specified by the zoning code.

B.

Conditional use permit required. No building, structure or use shall be created, established, erected, constructed, enlarged, placed or installed in any zoning district with which the overlay district is combined until a conditional use permit is issued by the City Council, upon recommendation of the Planning Commission, in conformance with the provisions of Chapter 21.46 (Conditional Use Permits). A conditional use permit may also restrict the allowable uses that may be allowed in the combined zoning district so long as such uses are not prohibited by the base zoning district.

C.

Master Use Permit. A conditional use permit for regional commercial center shall be referenced as a master use permit.

1.

Adoption. A master use permit shall be adopted by resolution of the City Council, and shall become effective upon project establishment in compliance with Section 21.56.030.B.1 (Issuance of Building Permit).

2.

Boundaries. A master use permit shall be operative over the area for which a Zoning Map Amendment has combined the "O" overlay district with a base zoning district in compliance with Chapter 21.60 (Amendments (General Plan, Zoning Code, and Zoning Map Amendments)).

3.

Amendments. Any action requiring an amendment to a master use permit shall be processed as follows:

a.

Eligibility. An Amendment may be initiated by written request of an owner's association, or by an owner or business operator with the written consent of the owner's association, if any.

b.

Content of Request and Filing fees. A written request for an amendment shall state the specific change(s) requested and the purpose for the request. The filing fee for an amendment shall be the same as that for a General Plan Amendment, as specified in the Schedule of Fees and Charges.

c.

Consideration Procedure. The City Council, upon recommendation of the Planning Commission, shall approve, conditionally approve, or deny a request for an amendment by resolution with respect to the considerations provided in subsection D (Consideration in review of applications) and the findings for a conditional use permit provided in Section 21.46.040 (Findings and decision) in compliance with procedures prescribed by Campbell Municipal Code Chapter 21.64 (Public Hearings):

Administrative authority. Notwithstanding anything in Chapter 21.42 (Site and architectural review) or 21.46 (Conditional use permits), the Community Development Director shall be the decision-making authority for determination of a conditional use approval (termed "conditional use authorization") or site and architectural review approval (termed "architectural modification") as specified by a master use permit. The administrative procedures provided in Chapter 21.71 (Administrative decision process) shall be followed for all such requests.

5.

Allowable land uses. Conditional and permitted land uses shall be as specified by a master use permit.

6.

Living document. A master use permit may be administratively modified by the community development director as specified by procedures contained in the master use permit.

7.

Interpretation. The procedures for an Interpretation provided in Campbell Municipal Code Section 21.020.030 (Procedures for Interpretations) shall be followed, including the provisions for an appeal, for any disagreement as to the meaning of any provision contained in a master use permit.

8.

Conflicts. Where a conflict may exist between the Zoning Code and a master use permit, the provisions of the Zoning Code shall prevail; provided, however, that any deviations from the requirements of the base zoning district that are enacted under the authority of subsection A of this section shall prevail over any conflicting requirements of the base zoning district.

9.

Master sign plan. A master sign plan may be considered as a component of a master use permit.

10.

Extensions. Request for extensions of time shall be processed as an Amendment pursuant to subsection 3 (Amendments).

D.

Consideration in review of applications. The community development director, site and architectural review committee, planning commission, and City Council shall consider the following matters and others when applicable to their review of development applications:

1.

Considerations relating to traffic safety, traffic congestion, and site circulation:

a.

The effect of the site development plan on traffic conditions on abutting streets;

b.

The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways and walkways;

c.

The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;

d.

The location, arrangement and dimensions of truck loading and unloading facilities;

e.

The circulation patterns within the boundaries of the development; and

f.

The surfacing and lighting of off-street parking facilities.

2.

Considerations relating to landscaping:

a.

The location, height and material of walls, fences, hedges, and screen plantings to insure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development;

b.

The planting of ground cover or other surfacing to prevent dust and erosion; and

c.

The unnecessary destruction of existing healthy trees.

3.

Considerations relating to buildings and site lay-out:

a.

Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood;

b.

Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of structures on the parcel; and

c.

Consideration of special conditions and situations concerning the property and the adjoining properties.

(Ord. 2043 § 1(part), 2004).

(Ord. No. 2213, § 9, 11-1-2016)

21.14.040 - CB (Community Benefit) overlay/combining zoning district.

A.

Purpose. The purpose of the community benefit ("CB") overlay/combining district is to provide an alternative means of compliance for larger housing projects which choose to forgo one or more of the objective standards established by Chapter 21.07 (Housing Development Regulations). As housing development projects are required to comply with all objective standards to take advantage of the streamlined review process pursuant to Chapter 21.07 (Housing Development Regulations) or Chapter 21.39 (Ministerial Approvals), projects which pursue a community benefit overlay designation shall instead be subject to a discretionary review process as follows:

B.

Pre-application required. Prior to application for a community benefit overlay designation, a pre-application shall be required pursuant to Chapter 21.41 (Pre-Applications).

C.

Eligibility. Projects meeting all the following requirements shall be eligible for a community benefit overlay district designation:

1.

The project will result in the development of twenty-five or more additional residential units;

2.

The project will result in a clear community benefit (e.g., greater affordability, transportation network improvement, housing serving a special needs group identified in the Housing Element) and/or result in superior design outcomes than what is otherwise possible for a project meeting all objective standards established by Chapter 21.07 (Housing Development Regulations); and

3.

The property owners shall waive all rights under the Housing Accountability Act (HAA) or similar law intended to limit the discretionary review authority of the City of Campbell.

D.

Establishment of district. The CB overlay/combining district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.040.C. (Eligibility) and specify the characteristics of the project that were used to make such determination.

E.

Development criteria, permit processes, and uses. In lieu of, or in addition to, the development standards, permit processes, and uses otherwise applicable (e.g., zoning standards, area plan, neighborhood plan requirements), specific development criteria, permit processes, and/or uses may be established and applied to lots or areas upon which the community benefit overlay/combining district is imposed. Any specific development criteria, permit processes, and/or uses applicable to the community benefit overlay/combining district area shall adopted as part of the ordinance that establishes the overlay/combining district. All specific development criteria and permit processes established for creation

of new housing development project units shall be objective. In the event no unique development standards, permit processes, and/or uses are established by the community benefit overlay/combining district, the development standards, permit processes, and uses shall be the same as the base zoning district with which it is combined.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.14.050 - BRH (By-Right Housing) overlay/combining zoning district.

A.

Purpose. The purpose of the By-Right Housing ("BRH") overlay/combining zoning district is to promote the development of housing on sites locally identified to satisfy the City's lower-income Regional Housing Needs Allocation (RHNA) shortfall pursuant to State statutes (Gov. Code 65583.2(h) and 65583.2(i)).

B.

Eligibility. Sites included in the BRH overlay/combining zoning district shall satisfy the following criteria:

1.

Density. Permit a minimum density of thirty units per acre, for the entirety of, or a portion of the site, in compliance with the General Plan Land Use Map.

2.

Minimum unit count. Permit a minimum of sixteen units per site.

C.

Development standards. The following development standards shall apply to sites where the BRH overlay/combining zoning district is applied.

Residential projects. Sites shall be permitted to develop exclusively as residential uses.

2.

Mixed-use projects. Mixed-use projects shall be required to allocate a minimum of fifty percent of the total gross floor area to residential uses.

D.

Expedited permit processing. Housing development projects with at least twenty percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

E.

Establishment of district. The BRH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.050.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)

21.14.060 - RS (Reuse Sites) overlay/combining zoning district.

A.

Purpose. The purpose of the Reuse Sites ("RS") overlay/combining zoning district is to promote housing development on Housing Opportunity Sites used in one or more previously adopted Housing Elements consistent with the objectives of the General Plan, Housing Element, and State statutes.

B.

Eligibility. Sites included in the RS overlay/combining zoning district shall consist of the following:

1.

Non-vacant Housing Opportunity Sites used in the previously adopted and current Housing Element; and

2.

Vacant Housing Opportunity Sites used in the two previously adopted and current Housing Element.

C.

Expedited permit processing. Housing development projects with at least twenty percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

D.

Establishment of district. The RS overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.060.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)

21.14.070 - AH (Affordable Housing) overlay/combining zoning district.

A.

Purpose. The purpose of the Affordable Housing ("AH") overlay/combining zoning district is to promote the development of affordable housing by providing incentives to projects that voluntarily elect to comply with all the requirements of this Section.

B.

Applicability. The AH overlay/combining zoning district applies to all properties except those with a "Low Density Residential," "Light Industrial," or "Research and Development" General Plan land use designation, or within an "H" (Historic) overlay/combining zoning district.

C.

Eligibility. The incentives set forth in Section 21.14.070.D. (Incentives) may only be applied to projects which satisfy all the following general requirements:

1.

Housing development project. The project satisfies the definition of a housing development project in accordance with CMC 21.72 (Definitions);

2.

Compliance with State Density Bonus Law. The project meets the criteria for a density bonus under State Density Bonus Law, as outlined in Sections 65915 to 65918 of the California Government Code, apart from the regulations of the Affordable Housing overlay/combining zoning district;

3.

Adherence to requirements. The project does not use State Density Bonus Law, or any other State or Federal law, to relieve the project from any of the requirements of the Affordable Housing overlay/combining zoning district;

4.

Mixed-use development. Where the City's adopted Form-Based Zone Map designates a "Tier 1" groundfloor non-residential requirement, the project must adhere to all corresponding regulations outlined in the

adopted Multi-Family Development and Design Standards, established in accordance with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted); and

5.

Adjacency requirements. The project complies with the Adjacency Requirements of Section 3.100 of the adopted Multi-Family Development and Design Standards, established in accordance with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted).

D.

Incentives. The following incentives shall be provided to qualifying projects:

1.

Increased density bonus. The following density bonuses shall be offered to projects which provide a greater percentage of very-low, low-, or moderate-income housing units, by category, than otherwise required by State Density Bonus Law but less than required to qualify for an additional density bonus under state law. In no case shall the combination of the density granted under this Section and any other law result in a total density bonus that is greater than seventy percent. Further, density bonuses provided for by this Section may not be combined across income categories and shall be calculated consistent with CMC 21.20.050.A (Number of units) excepting that for Step 2 - the corresponding percentage density bonus shall be calculated based on the values indicated in the tables below.

2.

Expedited permit processing. Projects qualifying for a sixty percent or greater density bonus, in accordance with CMC Section 21.14.070.D.1., shall be eligible for expedited permit processing as follows:

i.

Ministerial approval. Where the project qualifies for a statutory, or categorical exemption, from the California Environmental Quality Act (CEQA) (PRC Sections 21000 et seq.) they shall be processed through a ministerial permit process in accordance with CMC 21.39 (Ministerial approvals).

ii.

Administrative Housing Development Project Permit. For projects that are ineligible for a ministerial permit process, they shall be processed through an Administrative Housing Development Project Permit with the exception that any appeal filed in accordance with the requirements of Chapter 21.62 (Appeals) shall be referred to the City Council, rather than the Planning Commission.

3.

Extended permit approval. Projects qualifying for an increased density bonus of any amount, in accordance with CMC Section 21.14.070.D.1., shall be granted a three-year permit approval for the first approval of all land use entitlements permits. The permit approval period of post-entitlement permits, such as building permits, and/or land use entitlements granting subsequent extensions of approval, and/or modifications to the first land use approval, shall not be extended as an incentive of this Section.

4.

Priority funding. Projects qualifying for a sixty-five percent or greater density bonus, in accordance with this Section, shall be eligible for the priority use of any local affordable housing funds allocated specifically to the purpose of supporting the development of affordable housing.

5.

Reduction in park in-lieu fees. Projects which meet one or more of the following criteria will qualify for reductions in the fee in lieu of land dedication required by Campbell Municipal Code Section 20.24.080 (Amount of fee in lieu of land dedication) as follows:

(1)

Includes units provided at an affordable ownership cost to moderate-income households, lower-income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) that are subject to an affordable housing agreement consistent with the requirements of CMC Section 21.24.060 (Continued affordability and city review of occupancy).

This incentive does not apply to projects receiving financial support of an equivalent or greater value from the City in accordance with CMC 21.14.070.D.4 (Priority funding) or any other City supportive housing program. This reduction in fees may be combined with other available credits against the park land dedication requirements in accordance with CMC Section 20.24.110 (Credits).

6.

Reduced requirements. Projects which provide one hundred percent of their units at an affordable ownership cost to moderate-income households, lower-income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) shall be alleviated from the following requirements without requiring the use of concessions or waivers under State Density Bonus Law:

i.

Multi-Family Development and Design Standards (MFDDS). All requirements pertaining to Chapter 5 (Building Types), Chapter 6 (Specific to Frontage Types), and Chapter 7 (Architectural Standards) except for Section 7.080 (Bird Safety).

E.

Establishment of district. The AH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments - General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.070.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

(Ord. No. 2305, § 7, 4-16-2024)

ARTICLE 3. - DEVELOPMENT AND OPERATIONAL STANDARDS Chapter 21.16 - GENERAL PERFORMANCE STANDARDS

The purpose of this chapter is to provide a context for uniform performance standards for development within the city that promotes compatibility with surrounding land uses.

(Ord. 2043 § 1 (part), 2004).

The provisions of this chapter apply to all new and existing uses in all zoning districts. Existing uses on the effective date of this chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards.

If requested by the community development director, applicants shall provide evidence to the community development director that the proposed development is in compliance with the standards in this chapter and other applicable standards in this Zoning Code before the issuance of a building permit or business license.

(Ord. 2043 § 1 (part), 2004).

Applicants for nonresidential projects requiring discretionary approval may be required to submit evidence to help determine whether the project complies or would comply with the provisions of this chapter. Required information may include the following:

A.

Construction plans. Plans of construction and development;

B.

Production plans. A description of the machinery, processes, or products to be used or produced on the premises;

C.

Emission levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and

D.

Emission mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.

(Ord. 2043 § 1 (part), 2004).

Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD). If requested by the community development director, uses, activities, or processes that require air pollution control district approval to operate shall file a copy of the permit with the community development department within thirty days of its approval.

(Ord. 2043 § 1 (part), 2004).

Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted.

(Ord. 2043 § 1 (part), 2004).

Light or glare from mechanical or chemical processes, or from reflective materials used or stored on a site, shall be shielded or modified to prevent emission of light or glare beyond the property line. The placement of outdoor lights shall eliminate spillover illumination or glare onto adjoining properties and shall not interfere with the normal operation or enjoyment of adjoining properties.

(Ord. 2043 § 1 (part), 2004).

A.

Purpose. It is declared to be the policy of the city to prohibit unnecessary, excessive, and annoying sound levels from all sources. In compliance with this policy, Campbell is designated a quiet city. At certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. It is the purpose of this chapter to prescribe standards for and to provide an effective and readily available remedy for violations of this chapter.

B.

Definitions. As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:

"A-weighting" means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.

"Decibel (dB)" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure of zero decibels, which is twenty micropascals.

"Impulsive sound" means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions, drop impacts, and firearm discharge.

"Noise" means any loud discordant or disagreeable sound or sounds.

"Noise level" expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, Acoustic Terminology, Paragraph 2.9, or successor references.

"Noise level measurement" means the procedure of measuring sound consisting of the usage of a precision sound level meter (SLM), as defined in this section, set to "fast" response. If the sound level meter is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter shall be calibrated before any measurements and the microphone shall be a minimum of three and one-half feet from any wall, floor, or other large sound-reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields, or other appropriate devices.

"Powered equipment" means a motorized device powered by electricity or fuel used for property maintenance and/or landscape maintenance. Powered equipment includes: lawn mowers, edgers, parking lot sweepers, blowers, wood chippers, vacuums, and similar devices.

"Precision sound level meter" means a sound pressure level measuring instrument that conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.

"Sensitive receptor" means a land use in which there is a reasonable degree of sensitivity to noise. Such uses include single-family and multi-family residential uses, schools, hospitals, churches, rest homes, cemeteries, public libraries, and other sensitive uses as determined by the enforcement officer.

C.

Applicability. It is unlawful for any person, at any location within the city, to create any noise or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which does not comply with the provisions of this chapter, unless the provisions of either subsection E or subsection G of this section, have been met.

D.

Noise measurement.

1.

Noise measurement equipment. Any noise measurement made in compliance with this chapter shall be made with a sound level meter using the A-weighting network at slow meter response. Fast meter response shall be used for impulsive type noise. Calibration of the measurement equipment utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) standards shall be performed immediately prior to recording any sound data.

2.

Location of noise measurement. Exterior sound levels shall be measured at the property line or at any location within the property of the affected sensitive receptor. Sound measurements shall be taken in a manner and location so that it can be determined whether sound level standards are exceeded at the property line. Where practical, the microphone of the sound level meter shall be positioned three to five feet above the ground and away from reflective surfaces. The actual location of the sound measurements shall be at the discretion of the enforcement officer.

E.

Residential noise standards.

1.

Noise from stationary sources. New residential development shall conform to a stationary source noise exposure standard of sixty-five dBA for exterior noise levels and forty-five dBA for interior noise levels.

2.

Traffic-related noise. New residential development shall conform to a traffic-related noise exposure standard of sixty dBA CNEL for outdoor noise in noise-sensitive outdoor activity areas and forty-five dBA CNEL for indoor noise. New development that does not and cannot be made to conform to this standard shall not be allowed.

F.

Acoustical studies required.

1.

Acoustical studies. Acoustical studies are required for all new noise-sensitive projects that may be affected by existing noise from stationary sources, including all new residential developments with a noise exposure greater than 60 dBA CNEL. The studies shall also satisfy the requirements set forth in Title 24, Part 2, of the California Administrative Code, Noise Insulation Standards, for multiple-family attached residential projects, hotels, motels, etc., regulated by Title 24.

2.

Mitigation measures. Where acoustical studies show that existing stationary noise sources exceed, or will exceed maximum allowable noise levels, mitigation shall be identified to reduce noise exposure to or below

the allowable levels of this chapter. Mitigation measures may include increased setbacks between uses, earth berms, sound walls, landscaping, and site design that shields noise-sensitive uses with nonsensitive structures, (e.g., parking lots, utility areas and garages), or orientation of buildings to shield outdoor spaces from noise sources. In cases where sound walls are used as mitigation, they should be encouraged to help create an attractive setting with features such as setbacks, changes in alignment, detail and texture, pedestrian access (if appropriate) and landscaping.

G.

Exemptions. Sound or noise emanating from the following sources and activities are exempt from the provisions of this chapter:

1.

Municipal Code provisions. The provisions of this chapter shall not apply where noise standards are specified elsewhere in the Municipal Code.

2.

City parks. The provisions of this chapter shall not apply to city-sanctioned recreational activities/programs conducted in public parks.

3.

Safety, warning, and alarm devices. Safety, warning, and alarm devices, including house and car alarms, and other warning devices that are designed to protect the health, safety, and welfare, provided the devices are not negligently maintained or operated.

4.

Schools. The normal operation of public and private schools typically consisting of classes, daytime recreation, and other school-sponsored activities.

5.

Emergencies. Emergencies involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment. Also included is work by private or public utilities when restoring utility services.

6.

Private construction. Private construction (e.g., construction, alteration or repair activities) between the hours of eight a.m. and five p.m. Monday through Friday, and between the hours of nine a.m. and four p.m. Saturday, in compliance with Section 18.04.052 of the Municipal Code. The community development director may impose further limitations on the hours and day of construction or other measures to mitigate significant noise impacts on sensitive uses.

Powered equipment. Powered equipment shall be limited to the hours of eight a.m. and seven p.m. Monday through Friday, and between the hours of nine a.m. and six p.m. Saturday, Sunday and nationally recognized holidays.

8.

City projects and activities. Noise from construction of public works projects and maintenance activities, or city-sponsored events, may be exempted from the provisions of the noise ordinance by the city manager or his designee should the public benefit of alternative work hours and or noise levels require such modification.

H.

Violations/penalties. The violation of any provision contained in this chapter is declared to be a misdemeanor and shall be punishable as prescribed in Chapter 21.70, (Enforcement).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

Sources of odorous emissions shall comply with the rules and regulations of the Bay Area Air Quality Management District and the State Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release.

(Ord. 2043 § 1 (part), 2004).

Uses, activities, and processes shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) shall be exempt.

(Ord. 2043 § 1 (part), 2004).

No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board.

(Ord. 2043 § 1 (part), 2004).

In accordance with City Council Resolution 10952, the Valley Water Guidelines and Standards for Land Use Near Streams shall be applied to all areas of a property within a stream up to the top of bank, except for single family homes in residential zones that do not require discretionary approval, accessory structures one hundred twenty square feet or less in size, fences, and interior or exterior additions to structures within

the existing building footprint. In the event of a conflict between the Guidelines and Standards for Land Uses Near Streams and the adopted General Plan, Area Plans, and/or other provisions of the Campbell Municipal Code, the General Plan, Area Plans, and/or other provisions of the Campbell Municipal Code shall prevail. The application of the Valley Water Guidelines and Standards for Land Use Near Streams shall be administered by the Director of Public Works or designee.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Purpose. This section provides for the abatement of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, potentially hazardous or injurious to the health, safety, or welfare of the general public in a manner that constitutes a nuisance.

B.

Applicability. The standards for property maintenance provided in this chapter apply to all nonresidential properties within the city, except where otherwise provided in this chapter.

C.

Maintenance standards.

1.

Building maintenance. All buildings, structures and paved areas shall be maintained in a manner so as not to detract from adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Buildings, structures and paved areas shall be deemed substandard and in violation of this chapter when they display evidence of exterior dilapidated conditions.

2.

Landscape maintenance. Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards.

3.

Fence and wall maintenance. Fences and walls shall be kept and maintained in good repair, free of graffiti and in a manner so as not to constitute a public nuisance and to protect the health, safety, and welfare of the user, occupant, and the general public.

Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks, and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged, or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced.

D.

Enforcement of provisions. The provisions of this section shall be enforced in compliance with the provisions of Chapter 21.70 (Enforcement).

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

New businesses with fifty or more full-time employees during the hours of six a.m. to nine a.m. shall be required to provide Transportation Demand Management (TDM) program related site design measures such as showers and changing facilities, designated carpool and van pool parking, and on-site amenities (e.g., food service, fitness center, ATM). When required, Transportation Demand Management (TDM) reports shall be provided per Chapter 10.42 (Transportation Demand Management) of the Campbell Municipal Code.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

As part of the development review process, the Community Development Department and Public Works Department shall require developers to complete and fund the following:

A.

Local Transportation Analysis (LTA). A Local Transportation Analysis, which ensures that the project incorporates City transportation goals, policies and standards and identifies the effects of the project on the local transportation system and improvements to maintain LOS D operations at signalized Citycontrolled intersections and adopted LOS standards on Congestion Management Plan (CMP) intersections, shall be prepared whenever a project:

1.

Generates one hundred or more net peak hour trips; and/or

2.

Generates fifty to ninety-nine net peak hour trips where the affected intersection is experiencing LOS D or worse.

B.

Proportional Share of Effects. Projects shall pay for the proportional share of the effects on the City's circulation network through payment of fees identified by a nexus study.

C.

Project Related Effects. For local project-related transportation network deficiencies requiring improvements that are not included in an adopted fee program, either complete the necessary improvements or pay a proportional-share of the construction and project costs as estimated by the city engineer.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.18 - SITE DEVELOPMENT STANDARDS

This chapter provides standards for site planning and the provision of specific components of development that are intended to minimize the adverse effects and operational characteristics of land uses.

(Ord. 2043 § 1(part), 2004).

The standards contained in this section are designed to minimize the adverse visual impacts and operational effects of air conditioning units (including similar equipment such as generators, heating, and ventilation equipment) using appropriate design, siting, and screening techniques while providing for the personal needs of residents and local businesses.

A.

Disturbance prohibited. Air conditioners and similar equipment shall not be located and operated in a manner that would negatively impact surrounding activities or uses.

B.

Screened from public view. Roof- or ground-mounted air conditioning units and similar equipment shall be screened from public view. Acceptable screening methods include, but are not limited to, architectural elements, fences, and landscaping. Replacement of existing equipment shall trigger this requirement.

C.

Setbacks. Air conditioning units and similar equipment shall be setback a minimum of three feet from any property line.

(Ord. 2043 § 1(part), 2004).

21.18.030 - Bicycle and pedestrian access standards.

A.

Connections in development.

New and redevelopment projects shall provide safe and efficient bicycle and pedestrian connections onsite, between parking areas, buildings, street sidewalks, and to existing or planned public right-of-way facilities.

2.

New and redevelopment projects shall provide pedestrian passages between street-front sidewalks and rear-lot parking areas where applicable.

3.

Bicycle and pedestrian connections shall be designed to interface with vehicular circulation routes in a safe manner.

B.

Access points. New and redevelopment projects shall provide multiple designated access points onto adjacent bikeways and pedestrian routes when appropriate.

(Ord. 2043 § 1(part), 2004).

21.18.040 - Conformance with area provisions.

A.

Requirements. Unless otherwise provided in this Zoning Code, the following regulations shall apply:

1.

Buildings shall not be erected or located on a lot unless the building, structure, or enlargement conforms with the area regulations of the zoning district in which it is located.

2.

Parcels of land held under separate ownership at the time this chapter became effective, shall not be reduced in a manner below the minimum lot width and lot area required by this chapter.

3.

Lot areas shall not be reduced or diminished so that the yards or other open space becomes smaller than prescribed by this Zoning Code, nor shall the occupancy be increased in any manner except in conformity with the regulations established in this Zoning Code.

4.

Required yards or other open spaces around an existing building, or which are provided around any building for the purpose of complying with the provisions of this Zoning Code shall not be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space for any other building; nor shall any yard

other open spaces around an existing building, or which are provided around any building for the purpose of complying with the provisions of this Zoning Code shall not be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space for any other building; nor shall any yard

or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

B.

Exceptions. The following items shall be exempt from the required area regulations of this Zoning Code:

1.

Architectural features. Cornices, eaves, sills, canopies, bay windows not more than ten feet in width, or other similar architectural features may extend or project into a required side yard or rear yard, or required building separation distance, not more than twenty-four inches and may extend or project into a required front yard or street-side yard not more than thirty inches. Chimneys may project into a required front, side, street-side, or rear yard not more than twenty-four inches. No architectural feature may extend closer than three feet to any property line.

2.

Fire escapes. Open, unenclosed fire escapes may extend or project into any front, side, or rear yard not more than four feet.

3.

Open stairways and balconies. Open, unenclosed stairways, or balconies, not covered by a roof or canopy may extend or project into a required front yard not more than thirty inches.

4.

Decks, steps, and terraces. Decks, steps, and terraces that do not exceed a height of twelve inches above grade shall be allowed in any required front, side, or rear yard.

5.

Trees, shrubs, and plants. Landscape features (e.g., trees, shrubs, flowers, plants, etc.) shall be allowed in any required front, side, or rear yard provided they do not produce a traffic safety hazard that would be detrimental to the health, safety, and welfare of the residents.

(Ord. 2043 § 1(part), 2004; Ord. No. 2286, § 7, 8-16-2022)

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, or similar structures (as defined by the planning commission) may be erected above the height limit herein prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. 2043 § 1(part), 2004).

The standards contained in this section pertain to all properties except when otherwise provided for by an area plan, neighborhood plan, or specific plan.

A.

Setbacks. A fence, wall, lattice or screen not exceeding three and a half feet may be allowed in any required front, side or rear yard in all zoning districts. A fence, wall, lattice or screen not more than six feet in height, may be allowed in all zoning districts as follows:

1.

Interior lot:

a.

Front yard: No closer than fifteen feet from the front property line.

b.

Side yards: Allowed up to and along the property line, except for the required fifteen-foot front yard setback.

c.

Rear yard: Allowed up to and along the property line.

2.

Corner lot:

a.

Front yard: No closer than fifteen feet from the front property line.

b.

Interior side yard and rear yard: Allowed up to and along the property line, except for the required fifteenfoot front yard setback.

c.

Street side yard: No closer than five feet from the street property line and not within the triangular area formed by measuring thirty feet along the front and street side property lines along the right-of-way from their "extended" intersection and connecting these two points.

==> picture [252 x 210] intentionally omitted <==

Figure 3-1

d.

Driveways. No fence wall, lattice or screen over three and a half feet shall be allowed within the triangular area formed by measuring ten feet along the street property line and ten feet along the driveway from their "extended" intersection and connecting these two points.

==> picture [294 x 230] intentionally omitted <==

Figure 3-2

B.

Height measurement. The height of a fence, wall, lattice, or screen shall be measured from the adjacent finished grade to the highest point of the fence. Where the finished grade is a different elevation on either side of the fence on private property, the height shall be measured from the side having the highest elevation. Where the finished grade is a different elevation on either side of the fence adjacent to a public right-of-way, the height shall be measured from the public right-of-way side.

C.

Decorative arbors. A lightweight, decorative arbor not exceeding eight feet tall, six feet wide, and four feet deep may be allowed in the front yard of residential properties. An arbor shall not be allowed within the sight visibility area required for driveways and corner properties, as specified in subsections (A)(2)(c) and (d) of this section.

D.

Prohibited materials.

1.

Chain link fences are prohibited in any required front yard or street side yard areas for residential, mixeduse, and commercial properties.

2.

Barbed wire and razor wire fencing are prohibited in any zoning district, unless it is approved as part of a discretionary development permit and is found to be necessary for the security of the facility.

E.

Fence exception. The community development director, upon recommendation from the director of public works, may approve a fence exception to allow lesser setbacks and greater heights than allowed by this section. The community development director may approve a fence exception only after the four following findings are made: (1) the change would not impair pedestrian or vehicular safety; (2) would result in a more desirable site layout; (3) would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; and (4) would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. A fence exception application shall be processed through the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process). An application for a fence exception shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, and any other data/materials identified in the community development department application for a fence exception. It is the responsibility of the applicant to establish that the proposed request satisfies the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter 21.62, (Appeals).

F.

Design criteria. When a fence exception is requested for a taller fence or lesser setbacks in the required front yard or street yard areas for residential properties, the fence or wall shall be of a decorative style and the portion of the fence that exceeds the allowable height limit shall be at least fifty percent open to the passage of light and air, as determined by the community development director.

==> picture [276 x 280] intentionally omitted <==

Figure 3-3

G.

Fences as part of a development application. The planning commission or City Council shall have the authority, upon making the findings required by subsection E of this section, to allow lesser setbacks and greater heights than allowed by this section for fences, walls, lattice and screens submitted as part of a discretionary development application and shall not require the submittal of a separate fence exception application.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2225, § 10, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.18.070 - Front yard paving.

Except as otherwise provided for by a development agreement, overlay district, area plan, neighborhood plan, or specific plan, paving shall not amount to more than fifty percent of the required front yard setback area. Increases in the amount of allowable paving may be approved by the community development director if necessary to provide safe ingress and egress for the site.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

(Ord. No. 2225, § 11, 8-15-2017)

21.18.080 - Hazardous materials.

This section provides guidelines for the regulation of hazardous materials for the protection of health, safety, and welfare of persons, resources, and property.

A.

Setbacks required. Any person, firm, or corporation that stores, handles, or dispenses any hazardous material shall provide the necessary setbacks (buffer zones) along property lines and between buildings in compliance with the uniform building code and uniform fire code.

B.

Change in use. Projects that involve a change in land use from industrial to residential or commercial shall provide detailed information regarding potential historical hazardous materials uses, including soil and/or groundwater sampling results, if warranted.

C.

Hazardous materials management plan (HMMP). Any person, firm, or corporation who proposes to store, handle, or dispense any hazardous material within the hazardous thresholds defined by the UBC and UFC and within five hundred feet of any school or property zoned for residential use shall submit a HMMP to the community development department for review and approval.

D.

Disclosure. As part of all development applications, the applicant shall complete a hazardous waste and substance sites disclosure form certifying that they have reviewed the current CAL-EPA hazardous waste and substances sites list available in the community development department.

E.

Information required. Applications for discretionary development projects that will generate, use or store hazardous materials shall provide detailed information regarding waste reduction, recycling and storage.

F.

City review. The type of review required is dependent on the location of the subject site and the type and volume of hazardous materials being used. At the discretion of the community development director, the building official, or the fire marshal, the applicant shall submit a written hazardous materials management plan (HMMP) for approval by the city. The HMMP shall include detailed information regarding the safe storage, handling, recycling, and waste reduction of hazardous or other regulated materials, a transportation plan for using city streets to transport hazardous materials, and an emergency response plan in the event of a reportable release or threatened release of a hazardous or other regulated material. The emergency response plan shall include, but not be limited to, the following:

1.

Procedures for the immediate notification to city, to the county fire department, and to the State Office of Emergency Services;

Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment;

3.

Evacuation plans and procedures for the business site, including immediate audible notice and warning to all persons on the site.

(Ord. 2043 § 1 (part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023).

21.18.090 - Lighting design standards.

A.

Exterior lighting. Exterior lighting shall be:

1.

Architecturally integrated with the character of the structure(s);

2.

Energy-efficient, and fully shielded or recessed; and

3.

Completely turned off or significantly dimmed at the close of business hours when the exterior lighting is not essential for security and safety, when located on parcels within nonresidential zoning districts.

B.

Permanent lighting. Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving.

C.

Shielding requirements. Outdoor lighting fixtures shall be designed and installed so that light rays are not emitted across property lines, to the extent possible. Fixtures like the "shoe box" design are capable of providing accurate light patterns and can be used for lighting parking lots without spilling onto the neighboring property.

==> picture [348 x 98] intentionally omitted <==

Figure 3-4

D.

Design criteria.

1.

External light fixtures, poles, and their foundation should be simple in design and compatible with and complimentary to the style of surrounding development. Historical-themed fixtures are not appropriate for a contemporary building design and modern fixtures are not appropriate for a structure with a significant historical design theme. Simple and functional designs are considered to be appropriate in most environments. Lighting standards should be of a scale that is compatible with their surroundings. Pedestrian-style lighting (three to five feet high) should be installed in areas where foot traffic is prevalent. Lighting fixtures for parking lots and private roadways should not be installed at a height greater than twenty feet.

2.

Color-corrected lamps of appropriate intensity should be used in exterior lighting. High-efficiency lamps that alter the colors of objects at night are discouraged. Incandescent, fluorescent, color-corrected sodium vapor and mercury lamps should be used because they provide light with an appropriate color spectrum.

3.

Lighting intensity should be the minimum required to serve the tasks for which the fixtures are intended.

4.

Exterior lighting should be considerate of both the neighbors and the community as a whole. Each new lighting scheme should actively strive to reduce negative light impacts.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

This section provides standards and incentives for the provision of open space and recreational facilities in nonresidential projects. The intent is to make commercial and industrial projects more attractive and pedestrian-oriented through the provision of open spaces, including plazas, courtyards, benches, and outdoor eating and seating areas.

A.

Open space and recreation facilities incentives. Development incentive bonuses to encourage

extraordinarily high quality pedestrian-oriented open spaces and recreation facilities may be granted at the discretion of the planning commission or City Council. The types of bonus incentives that may be available to eligible projects include, but are not limited to:

1.

Reduced parking requirements; or

Increased lot coverage or FAR.

B.

Configuration of open space. To ensure that the open space is well-designed, usable, and accessible, the decision making body shall employ the following standards and guidelines in evaluating proposed open space and recreation facilities:

1.

Open space and recreation facilities shall be located on-site;

2.

Open space and recreation facilities shall be provided as continuous, usable site elements that reinforce or enhance other aspects of the site plan, (e.g., as pedestrian networks, view corridors, and environmental features).

3.

Open space and recreation facility areas should be oriented to pedestrian circulation and should incorporate seating, enhanced paving materials, lighting, courtyards, plazas, shade trees and/or trellises, and landscaping.

4.

The orientation of the open space should take advantage of natural sunlight and should be sheltered from incompatible uses.

C.

Allowed uses. Required open space shall not include driveways, public or private streets, utility easements where the ground surface cannot be appropriately used for open space, parking spaces, or other areas primarily intended for other functions.

D.

Maintenance. Required common open space shall be controlled and permanently maintained by the owner of the property.

(Ord. 2043 § 1(part), 2004).

21.18.110 - Refuse and recycling storage areas.

A.

Required storage area. In compliance with 6.04.080(b) of the Municipal Code, each commercial, industrial, public, apartment, or multi-residential use shall have a refuse and recycling storage area.

B.

Enclosure requirements. Refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid gate. An enclosure that is constructed within five feet of combustible surfaces shall comply with the fire prevention requirements of Section 6.04.020. The enclosure shall be of a size sufficient to accommodate the receptacles required by Section 6.04.020 of the Municipal Code or as otherwise approved by the community development director as safe and adequate for the intended use.

C.

Location requirements. Exterior storage area(s) shall not be located in a required front yard, side yard, or rear yard setback. The enclosure shall be located as far as possible from any residential units that the enclosure is intended to serve. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.

D.

Maintenance requirements. The wall, gate, and surface inside the enclosure shall be kept in sound repair and condition.

E.

Use requirements. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel.

F.

Screening requirements for residential zoning districts. Except during the period of time specified in Chapter 6.04 of the Municipal Code, garbage, yard waste, and recycling containers shall not be placed, kept, or stored within any front yard or street side yard on corner lots. Garbage, yard waste, and recycling containers shall be fully screened from view from the public street right-of-way by a structure, fence, wall, or landscaping that is as tall as the tallest container(s), unless otherwise approved by the community development director upon finding that the property is physically constrained in such a way as to make the strict compliance with the foregoing requirements impractical.

G.

Screening requirements for commercial and industrial zoning districts. Refuse and recycling storage areas shall be designed, located, and fully screened from view from the public street right-of-way.

(Ord. 2043 § 1(part), 2004).

This section provides standards for the screening and buffering of adjoining land uses, equipment, outdoor storage areas, and surface parking areas with respect to multi-family and nonresidential land uses.

A.

Screening between different land uses. Fences and walls shall be provided and maintained between different zoning districts in the following manner:

1.

Wall height. An opaque screen consisting of plant material and a solid masonry wall or wooden fence, not less than six feet in height, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district and whenever a multi-family zoning district adjoins a single-family residential zoning district. A fence or wall taller than six feet in height may be allowed in compliance with Section 21.18.060, (Fences, walls, lattice, and screens).

2.

Architectural compatibility. The method of screening shall be architecturally compatible with the other onsite development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping, as applicable.

3.

Pedestrian access. Pedestrian access may be provided through the required wall or fence.

4.

Waiver. The decision-making body may waive or change the requirement for a screen wall/fence if the development plan adequately provides for the integration of different adjacent land uses in a way that avoids conflicts between the different uses; an existing wall or fence is in place that meets or could be modified to meet the intent of this section; or a lesser screening is appropriate due to the nature of the adjoining uses.

==> picture [264 x 166] intentionally omitted <==

Figure 3-5 Screening and Buffering Between Two Different Uses

B.

Mechanical equipment. Uses that utilize mechanical equipment shall comply with the following:

1.

Screened from public view. Roof or ground mounted mechanical equipment (e.g. air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, storage and waste areas, and utility services shall be screened from public view.

2.

Architectural compatibility. The method of screening shall be architecturally compatible with the other onsite development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping, as applicable.

C.

Outdoor storage and work yards. Uses with outdoor storage of materials or operations shall comply with the following:

1.

Solid sight obscuring wall and gates. Outside uses shall be surrounded by a fence or a solid masonry wall and gate, not less than six feet in height, of a type and design approved by the approval authority. The wall and gate shall be maintained in a manner satisfactory to the community development director. A fence or wall taller than six feet may be allowed in compliance with Section 21.18.060, (Fences, walls, lattice and screens).

2.

Architectural compatibility. The fence or wall shall be architecturally compatible with the other on-site development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping, as applicable.

3.

Operations within the screened area. Site operations in conjunction with an outdoor use, including the loading and unloading of materials and equipment, shall be conducted entirely within a screened area.

==> picture [156 x 134] intentionally omitted <==

Figure 3-6

(Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2043 § 1 (part), 2004).

This section provides standards for geologic hazard reviews and report requirements to protect citizens from building or developing in hazardous areas and to avoid personal injury and/or private and public losses.

A.

All new development, remodels, and redevelopment shall comply with the uniform building code and the California Building Code provisions regarding engineering and geotechnical analysis.

B.

The type of geotechnical investigation required is dependent on the location of the subject site and the extent of the proposed development. Official seismic hazard zone maps are on file with the community development department and are the major basis for determination by the community development director or building official whether a geotechnical report shall be required.

C.

Where a geotechnical report is required, it shall be prepared by a certified engineering geologist and submitted to the community development director for review and approval prior to final action on the application. The conclusions and recommendations set forth in the geotechnical report shall become the standards for review and shall govern development.

(Ord. 2043 § 1 (part), 2004).

All development and remodels, shall provide for the undergrounding of existing and proposed utility facilities in compliance with this section, unless expressly exempted.

A.

Definitions. As used in this section, the following terms shall have the meaning set forth below. All other terms shall have the same meaning as defined in Chapter 21.72, (Definitions).

1.

Addition means construction that expands a structure's existing gross floor area or replaces existing floor area that was demolished.

2.

Arterial street means a Class I Arterial or Class II Arterial, as identified by the City of Campbell Roadway Classifications Diagram.

Collector street means a commercial/industrial collector or residential collector, as identified by the City of Campbell Roadway Classifications Diagram.

4.

Remodel means any rebuilding or structural alteration which changes the supporting members of a structure, such as bearing walls, columns, beams or girders. It shall not include interior tenant improvements or structural alterations solely to meet code.

B.

Applicability. The following site improvements require the undergrounding of utility services as set forth below:

1.

Service lines. Excluding utility poles, new utilities, and all existing overhead utility lines, serving property located along an arterial or collector street shall be installed underground with:

a.

Construction of a single-family dwelling, except when located along a residential collector street;

b.

Construction of a residential development with two or more dwelling units;

c.

Construction of a non-residential main structure;

d.

An addition, remodel, or combination thereof, to an existing non-residential main structure that remodels or expands the structure's existing gross floor area by fifty percent or more in the aggregate over the preceding five-year period;

e.

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 residential collector street. Existing and/or new detached garages, accessory dwelling units, and other fully enclosed accessory structures shall be considered in this section; and

f.

A residential or non-residential subdivision that is subject to the provisions of Title 20, (Subdivision and Land Development) of the Campbell Municipal Code.

A variance to the requirements of this subsection may be granted in compliance with Chapter 21.48, (Variances).

2.

Frontage lines and poles. Existing utility poles and associated overhead utility lines located along an arterial or collector street abutting the frontage(s) of a development site shall be removed and the utilities replaced underground in association with the site improvements set forth below:

a.

Construction of a non-residential main structure;

b.

Construction of a residential development with five or more dwelling units; and

c.

A residential or non-residential subdivision that is subject to the provisions of Title 20, (Subdivision and Land Development) of the Campbell Municipal Code resulting in five or more parcels, exclusive of parcels created solely to provide access into a development site.

A variance to the linear feet of overhead utility lines to be replaced underground may be granted in compliance with Chapter 21.48, (Variances).

C.

Development requirements. As required by this section, all new and existing electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development shall be installed underground at the time of development except for surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts and other similar equipment appurtenant to underground facilities. All utilities shall be taken from the nearest aboveground utility service. No new poles or overhead lines shall be allowed, except as determined necessary by the city engineer to accomplish the removal of frontage lines and poles required by subsection B.2, above.

D.

Screening Requirements. Aboveground equipment (e.g., utility control boxes and similar cabinets) shall be screened from view and deterred from graffiti vandalism by using a combination of landscaping and screen walls.

E.

Exemptions. The requirements of this section do not apply to:

1.

Existing or proposed major electrical transmission lines;

2.

A service upgrade, modification, or relocation of an existing electrical panel that is unrelated to site improvements that would otherwise require undergrounding of utilities in compliance with this section, and which would not result in an increase in overhead utility line length;

3.

Underground installations that would require substantially crossing the rear yard of an adjacent singlefamily residential property; and

4.

Underground installations precluded by a topographical, soil, or other environmental condition.

5.

Single family dwellings on property located along a local or residential collector street.

Applicability of an exemption shall be determined by the community development director, which may be appealed as an interpretation of this Code in compliance with Section 21.02.030 (Procedures for interpretations).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

(Ord. No. 2166, § 2(Exh. A), 5-7-2013; Ord. No. 2202, § 2(Exh. A), 5-17-2016; Ord. No. 2216, § 9, 12-122016)

Chapter 21.20 - DENSITY BONUSES AND OTHER HOUSING INCENTIVES[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed the former ch. 21.20, §§ 21.20.010—21.20.180, and enacted a new ch. 21.20 as set out herein. The former ch. 21.20 pertained to density bonus and other incentives for affordable residential units, senior housing and childcare facilities and derived from Ord. 2102 § 1(part), adopted 2008; and Ord. No. 2206, §§ 2, 4, 6, adopted Aug. 2, 2016.

Note— Prior ordinance history: Ord. 2043.

The purposes of this chapter is to specify how compliance with State Density Bonus Law pursuant to Sections 65915 to 65918 of the California Government Code will be implemented as required by California Government Code Section 65915(a). In enacting this chapter it is also the intent of the City of Campbell to implement the goals, objectives, and policies of the city's General Plan Housing Element, which includes a program to encourage the provision of housing affordable to a variety of household income levels and identifies a density bonus policy as one method to encourage the development of affordable housing (Program H-5s).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

For the purposes of this chapter, the following definitions shall apply. All terms used in this Chapter that are defined in Chapter 21.72 (Definitions) shall have the meaning established in Chapter 21.72 (Definitions). Where terms that are defined in the Sections 65915 to 65918 of the California Government Code are inconsistent with the definitions of the same terms set forth in Chapter 21.72 (Definitions) of the Campbell Municipal Code, the meaning of the terms defined in Sections 65915 to 65918 of the California Government Code sections shall prevail.

"Acutely low-income household" means a household whose household income does not exceed the acutely low-income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

"Affordable ownership cost" means average monthly housing costs, during the first calendar year of a household's occupancy, as determined by the city, including mortgage payments, loan issuance fees, if any, property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance, and homeowners association dues, if any, which do not exceed the following:

1.

For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one additional person for each additional bedroom thereafter;

2.

For lower-income households: one-twelfth of thirty percent of seventy percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one additional person for each additional bedroom thereafter;

3.

For very low-income households: one-twelfth of thirty percent of fifty percent of area median income adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one additional person for each additional bedroom thereafter;

4.

For extremely low-income households: one-twelfth of thirty percent of thirty percent of area median income adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one additional person for each additional bedroom thereafter;

For acutely low-income households: one-twelfth of thirty percent of fifteen percent of area median income adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit and one additional person for each additional bedroom thereafter;

"Affordable rent" shall have the same meaning as provided for in California Government Code section 65915;

"Base density" means the total number of housing units excluding "density bonus units" provided by the project, divided by the project lot acreage as determined in accordance with this Title, rounded up to the next whole number;

"Base units" means the total number of living units excluding density bonus units provided by the project;

"Density bonus units" mean the units granted by this Chapter in excess of the otherwise allowable maximum residential density;

"Extremely low-income household" means a household whose household income does not exceed the extremely low-income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code;

"Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping and bathroom facilities. For the purposes of this Chapter, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall not count as living units;

"Maximum base density" means the total number of living units per acre as excluding density bonus units allowable on the project site in accordance with this Title and the General Plan divided by the project lot acreage as determined in accordance with this Title, rounded up to the nearest whole number;

"Maximum allowable base units" mean the total number of living units excluding density bonus units that are allowable on the project site in accordance with this Title and the General Plan;

"Percentage density bonus" shall be the same as set forth in California Government Code sections 65915 through 65918;

"Target Units" means living units that will be restricted for sale or rent to qualifying residents at an affordable ownership cost or affordable rental cost in order to qualify a housing project for a density bonus;

"Within one-half mile of a major transit stop" means that all parcels within the project have no more than twenty-five percent of their area farther than one-half mile from the stop or corridor and not more than ten percent of the residential units or one hundred units, whichever is less, in the project are farther than onehalf mile from the stop or corridor.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.20.030 - Applicability.

A.

Applicability. A "housing development project" as defined in Chapter 21.72 (Definitions) shall be eligible for a density bonus and other regulatory incentives that are provided by Sections 65915 to 65918 of the California Government Code when the applicant seeks and agrees to provide housing in the categories and/or in the below-market rate affordability threshold amounts specified in Sections 65915 to 65918 of the California Government Code. These benefits may be sought in addition to other benefits provided by the Campbell Municipal Code.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Housing Incentives Request. Any applicant requesting a density bonus and any incentive(s), waiver(s), or parking reductions pursuant to Sections 65915 to 65918 of the California Government Code or other benefits provided by the Campbell Municipal Code shall submit a Housing Incentives Request as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development. Any requests for housing incentives shall be processed concurrently with the planning application.

B.

The housing incentives request shall include the following minimum information:

1.

Requested density bonus.

a.

Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre;

b.

A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units;

c.

The zoning and general plan designations and assessor's parcel number(s) of the housing development site;

d.

Calculation of the maximum number of dwelling units permitted by the city's zoning regulations and general plan for the housing development, excluding any density bonus units;

e.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known;

f.

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to below-market rate income households in the five-year period preceding the date of submittal of the application; and

g.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and information that each of the requirements included in Government Code Section 65915(g) can be met.

2.

Requested incentive(s). In the event an application proposes incentives pursuant to Government Code Section 65915, the Housing Incentives Request shall include the following minimum information for each incentive requested:

a.

The city's usual development standard and the requested development standard or regulatory incentive; and

b.

Information that any requested incentive will reduce the cost of the housing development.

3.

Requested waiver(s). In the event an application proposes waivers of development standards pursuant to Government Code Section 65915, the housing incentives request shall include the following minimum information for each waiver requested:

a.

The city's usual development standard and the requested development standard; and

b.

Information that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.

4.

Requested parking reduction. In the event an application proposes a parking reduction pursuant to Government Code Section 65915(p), a table showing parking required by the zoning regulations and parking proposed under Section 65915(p).

5.

Child care facility. If a density bonus or incentive is requested for a child care facility, information that all of the requirements included in Government Code Section 65915(h) can be met.

6.

Condominium conversion. If a density bonus or incentive is requested for a condominium conversion, information that all of the requirements included in Government Code Section 65915.5 can be met.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Number of units. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number. The allowable density bonus is computed as follows:

Step 1.

Calculate the percentage that the number of "target units" is of the total base units, rounding up to the next whole number;

Step 2.

Using the percentage calculated in Step 2, identify the corresponding percentage density bonus from California Government Code sections 65915 through 65918;

Step 3.

Determine the number of allowable density bonus units by multiplying the percentage density bonus times the maximum allowable base units, and rounding up to the next whole number.

B.

Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally for the category of housing to be provided, the applicant shall select the category under which the density bonus is granted. Density bonuses from more than one category may not be combined.

C.

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to Government Code Section 65915.

D.

The applicant may elect to accept a lesser percentage of a density bonus than the housing development is entitled to, including the utilization of no added density, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915(b), (c), and (f).

E.

A housing development may receive credit toward satisfying any inclusionary units required by Chapter 21.24 (Inclusionary Housing Ordinance), when providing below-market rate units at the same, or a lower level of affordability, than specified in Sections 65915 to 65918 of the California Government Code.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

State incentives.

1.

Incentives and concessions. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915. Each deviation from a specific requirement of the Municipal Code or General Plan shall be treated as a separate incentive or concession.

B.

Local incentives.

1.

Financial Incentives. Nothing in this Chapter requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

2.

Density bonus for providing acutely- or extremely very low-income units. Projects providing five percent of the total living units as target units restricted to acutely or extremely very low-income households, not otherwise credited by another law or provision, shall receive a density bonus of thirty percent that shall not be combined with any other density bonus.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

All requests for density bonus, incentives, parking reductions, or waivers shall be considered and acted upon by the same approval body with authority to approve the housing development project, that would be required if the density bonus, incentive, parking reduction, or waivers were not a part of the development proposal.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.20.080 - Affordable housing agreement and senior housing agreement.

A.

Except where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of fiftyfive years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

B.

Where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with State and federal fair housing laws.

C.

The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Permit Issuance and Final. The city may not issue building permits for more than fifty percent of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Appearance and quality. Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city. Further, if air conditioning is provided for the market-rate units, all affordable units shall also be provided with air conditioning.

B.

Distribution. The assignment of below-market rate units shall be proportionally distributed in terms of bedroom count, product type, and location (i.e., distributed proportionally by building, floors, and geography). In the event that an inequal distribution of units by income level would occur, the units with the greatest number of bedrooms shall be provided.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Priority for rental or purchase of units. Preference in the rental or purchase of affordable units shall be the same as provided in Section 21.24.040.F of the city's Inclusionary Ordinance.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

If any portion of this subsection conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent with Government Code Section 65915 and Government Code Section 65915(r).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Chapter 21.22 - FLOOD DAMAGE PREVENTION[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 2173, § 2(Exh. A), adopted Jan. 21, 2014, amended ch. 21.22 in its entirety to read as herein set out. Former ch. 21.22 pertained to similar subject matter and derived from Ord. No. 2120, § 1, adopted April 7, 2009; and Ord. No. 2161, § 2(Exh. A), adopted Aug. 7, 2012.

A.

Authority. The legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government unit's authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

B.

Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1.

To protect human life and health;

2.

To minimize expenditure of public money for costly flood-control projects;

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

To minimize prolonged business interruptions;

5.

To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

6.

To insure that potential buyers are notified that property is in an area of special flood hazard; and

7.

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

C.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

1.

Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2.

Requiring that uses vulnerable to floods, including facilities that serve those uses, be protected against flood damage at the time of initial construction;

3.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

4.

Controlling of filling, grading, dredging and other development which may increase flood damage; and

5.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas.

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

21.22.020 - Definitions.

Words or phrases used in this chapter shall have the following meanings unless otherwise indicated from the context.

"Appeal" means a request for a review of the city clerk's interpretation of any provision of this chapter, or a request for a variance.

"Area of special flood hazard." See "Special flood hazard area."

"Base flood" means the flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

"Basement" means any area of the building having its floor sub grade (below ground level) on all sides.

"Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Deviation" means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of floodwaters;

2.

The unusual and rapid accumulation or runoff of surface waters from any source; and/or

3.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding").

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

"Floodplain management regulations" means zoning codes, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such State or local

regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Flood proofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "Manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level" means for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction" means for floodplain management purposes, structures for which the "Start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city.

"One-hundred-year flood" or "100-year flood" means a flood that has a one percent annual probability of being equaled or exceeded. It is identical to the "Base flood," which will be the term used throughout this chapter.

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups or this State or its agencies or political subdivisions.

"Recreational Vehicle" means a vehicle built on a single chasis, is four hundred square feet or less when measured at the largest horizontal projects, designed to be self-propelled or permanently towable by an automobile or light truck, and designed primarily for use as temporary living quarters for recreation, camping, travel, or seasonal use, not as a permanent dwelling.

"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Special Flood Hazard Area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, Al-30, AE or A99.

"Start of construction" means substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site (e.g., pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation) or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation (e.g., clearing, grading and filling) nor does it include the installation of streets, and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, (e.g., garages or sheds not occupied as dwelling units or not part of the main structure). For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include:

a.

Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Violation" means the failure of a structure or other development to be fully compliant with the floodplain management regulations of this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until the time as that documentation is provided.

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

21.22.030 - General provisions.

A.

Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Campbell.

B.

Areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Santa Clara County, California dated June 30, 1976, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway

Maps (FBFMs), dated June 30, 1976, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Campbell by the Floodplain Administer. The study, FIRMs and FBFMs are on file at the Community Development Department located at 70 North First Street, Campbell California 95008.

C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of Campbell from taking such lawful action as is necessary to prevent or remedy any violation.

D.

Abrogation and greater restrictions. The regulations in this chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the regulations in this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent regulations shall prevail.

E.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under State statutes.

F.

Disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses allowed within these areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

G.

Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any sections of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

A.

Establishment of development permit. A zoning clearance, in compliance with Chapter 21.40, shall be obtained before construction or development begins within any area of special flood hazards established in Subsection 21.22.030(B). Application for a zoning clearance shall be made on forms furnished by the community development department, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; and existing or proposed structures, fill, storage of materials, drainage facilities. Specifically, the following information is required:

1.

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

2.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

3.

All appropriate certifications listed in Subsection (C)(4), below; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B.

Designation of the floodplain administrator. The community development director is hereby appointed to administer and implement this chapter by allowing or denying development requests in compliance with its provisions.

C.

Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1.

Permit review:

a.

Review all development requests to determine that the permit requirements of this chapter have been satisfied;

b.

Determine that all other required State and federal permits have been obtained;

c.

Determine that the site is reasonably safe from flooding;

d.

Determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

2.

Development of substantial improvement and substantial damage procedures:

a.

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

b.

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

3.

Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with section 21.22.030, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 21.22.050 (Provisions for flood hazard reduction), below. Any information shall be submitted to the city council for adoption. Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995.

4.

Notification of other Agencies.

a.

Alteration or relocation of a watercourse:

i.

Notify adjacent communities and the California Department of Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

ii.

Submit evidence of such notification to the Federal Emergency management Agency; and,

iii.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

b.

Base Flood Elevation changes due to physical alterations:

i.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administer shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

ii.

When a proposed flood control project will remove land from the SFHA and post-project development is proposed in those affected areas, building permits for said development shall not be issued until an approved LOMR for the flood control project has been received by the floodplain administrator. Building permits shall not be issued based on Conditional Letters of Map Revision (CLOMRs) received as part of the entitlement process. An approved CLOMR allows submittal of construction plans for the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes to flooding conditions, risk premium rates and floodplain management requirements are based on current data.

c.

Changes corporate boundaries:

i.

Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of the amp of the community clearly delineating the new corporate limits.

Obtain and maintain for public inspection and make available as needed:

a.

The certification required in Subsection 21.22.050(A)(3)(a)(floor elevations);

b.

The certification required in Subsection 21.22.050(A)(3)(b)(1) (elevation or flood proofing of nonresidential structures);

c.

The certification required in subsection 21.22.050(A)(3)(c)(1) or 21.22.050(A)(3)(c)(2) (wet flood proofing standard);

d.

The certified elevation required in Subsection 21.22.050(C)(2) (subdivision standards);

e.

The certification required in Subsection 21.22.050(E) (Floodway Encroachments).

6.

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation, as provided in Section 21.22.060.

7.

Take action to remedy violations of this chapter as specified in Subsection 21.22.030(C).

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

A.

Standards of construction. In all areas of special flood hazard, the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects

of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of paragraph D, (Standards for manufactured homes), below.

2.

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

d.

A breakaway wall shall have a safe design loading resistance of not less than ten pounds or no more than twenty pounds per square foot. Use of breakaway walls shall be certified by a registered engineer or architect and shall meet the following conditions:

(1)

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2)

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

3.

Elevation and flood proofing.

a.

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Nonresidential structures may meet the standards in

Subsection (A)(3)(c), below. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by the Building Inspector to be properly elevated. Such certification shall be provided to the floodplain administrator.

b.

Nonresidential construction shall either be elevated in conformance with Subsection (A)(3)(a), above, or together with attendant utility and sanitary facilities:

(1)

Be flood proofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

c.

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(1)

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

(2)

Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration.

d.

Manufactured homes shall also meet the standards in Subsection (D).

B.

Standards for utilities.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C.

Standards for subdivisions.

1.

All preliminary subdivision proposals regardless of size shall identify the flood hazard area and the elevation of the base flood.

2.

All final subdivision plans will provide the elevation of proposed structures and pads. If the site is filled above base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities, (e.g., sewer, gas, electrical and water systems) located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage provided to reduce exposure to flood hazards.

D.

Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall:

1.

Be elevated so that the lowest floor is at or above the base flood elevation; and

2.

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

E.

Recreational Vehicles. All recreational vehicles placed on site within Zone A1-30, AH, and AE on the community's FIRM either:

1.

Be on the site for fewer than one hundred eighty consecutive days;

2.

Be fully licensed and ready for highway use; or,

3.

Meet the permit requirements of Section 21.22.040 of this Chapter and the elevation and anchoring requirements for "manufactured homes" within subsection D above.

F.

Floodways. Located within the areas of special flood hazard established in Subsection 21.22.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.

Until a regulatory floodway is adopted, no new construction, substantial development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Campbell.

2.

Within an adopted regulatory floodway, the City of Campbell shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If subsections 21.22.050(E)(1) and 21.22.050(E)(2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 21.22.050.

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

21.22.060 - Variance procedure.

A.

Appeal board.

The city council shall hear and decide appeals and requests for deviations from the requirements of this chapter.

2.

The city council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

3.

In passing upon applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable.

f.

The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the city's General Plan and floodplain management program for the subject area;

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, (e.g., sewer, gas, electrical, and water systems, and streets and bridges.)

4.

Generally, a deviation may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (A)(3)(d) through 21.22.060(A)(3)(k), above, have been fully considered. As the lot size increases beyond one-half acre, the technical justification for issuing the variance increases.

a.

Upon consideration of the factors in Subsection 21.22.060(A)(3), above, and the purposes of this chapter, the city council may attach conditions to the granting of a deviation as necessary to further the purposes of this chapter.

b.

The floodplain administrator shall maintain the records of all appeal actions and report any deviation to the Federal Insurance Administration upon request.

B.

Conditions for deviations.

1.

Deviations may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

Deviations shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Deviations shall only be issued upon a determination that the deviation is the minimum necessary, considering the flood hazard, to afford relief.

4.

Deviations shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the deviation would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a deviation will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

5.

Deviations may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the provisions of subsections (B) (1) through (B)(4), above, are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6.

Any applicant to whom a deviation is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage, and such construction below the based floor level increase risks to life and property. A copy of the notice shall be recorded by the Floodplain Administer in the Office of the Santa Clara County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. No. 2173, § 2(Exh. A), 1-21-2014)

Chapter 21.23 - ACCESSORY DWELLING UNITS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2252, § 7, adopted Nov. 19, 2019, amended Ch. 21.23 in its entirety to read as herein set out. Former Ch. 21.23, §§ 21.23.010—21.23.060, pertained to similar subject matter and derived from Ord. No. 2216, § 6, adopted Dec. 12, 2016.

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.

(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2299, § 3, 11-7-2023)

Accessory 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 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.

(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 21, 8-16-2022; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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 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.

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 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.

(Ord. No. 2299, § 3, 11-7-2023)

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 multifamily 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 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 accessory dwelling unit and up to one accessory dwelling unit for every four 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 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.

(Ord. No. 2299, § 3, 11-7-2023)

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 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 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 square feet, with rear and interior side setbacks not less than four feet, and height not exceeding:

1.

Detached accessory dwelling units. Eighteen feet; or

Attached or interior accessory dwelling units. Twenty-five 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.

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 eight hundred 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.

(Ord. No. 2299, § 3, 11-7-2023)

An accessory dwelling unit shall be constructed only in accordance with the following development standards, except as provided by Section 21.23.027 (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. 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 [Table] 3-1.

C.

Open space. Except as provided for Statewide Exemption Accessory Dwelling Units, 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, creation of an accessory dwelling unit shall comply with the maximum floor area ratio and maximum lot coverage as specified by the applicable zoning district and/or area or neighborhood plan. In the case of a parcel within the P-D (Planned Development) zoning district the maximum floor area ratio and maximum lot coverage shall be equal to the standards provided by the zoning district that directly corresponds to the

parcel's General Plan land use designation as specified by Section 21.04.020, Table 2-1 (Zoning Districts and General Plan Designations).

E.

Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units, an accessory dwelling unit shall conform to the setback standards specified by Table 3-1, below:

Table 3-1 — Setback Standards

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. An accessory dwelling unit shall conform with the following size maximums:

1.

Detached accessory dwelling units. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred 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 square feet shall be permitted for a studio or one-bedroom unit, and one thousand 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 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 existing 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 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 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, 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; Ord. No. 2291, § 3, 2- 7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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), one junior accessory dwelling unit may be constructed or created on a parcel with 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 square feet in area. The occupied floor area shall be within the allowable floor area of a primary 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).

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 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; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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 21.23.027 (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 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 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.I (Maximum height and stories).

D.

Non-conforming 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 MultiFamily Development and Design Standards.

(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 16, 8-16-2022; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

The following additional requirements and restrictions apply to creation of accessory dwelling units on

properties listed on the 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; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

Editor's note— Ord. No. 2299, § 3, adopted Nov. 7, 2023, repealed § 21.23.065, which pertained to special provisions for statewide exemption accessory dwelling units and derived from Ord. No. 2291, § 3, adopted Feb. 7, 2023; and Ord. No. 2293, § 1(Exh. B), May 2, 2023.

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 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.

, 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; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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 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 singlefamily 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 regulations) 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-day review period, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

E.

Failure to act: If the City fails to approve or deny an application for building permit and/or Zoning Clearance for an accessory dwelling unit or junior accessory dwelling prior to the conclusion of the sixty-day review period, the application shall be deemed approved.

F.

Appeals. Denial of a permit on the basis of a health and safety matter where authorized by this Chapter may be appealed to the Building Board of Appeals pursuant to Chapter 2.37 (Building Board of Appeals). (Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 17, 8-16-2022; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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.

C.

Relief. The City shall not deny a permit to legalize an unpermitted accessory dwelling solely due to noncompliance 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 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.

(Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

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; Ord. No. 2299, § 3, 11-7-2023)

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.

==> picture [216 x 89] intentionally omitted <==

Figure 3.6(a) Attached accessory dwelling unit

2.

"Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit.

==> picture [216 x 92] intentionally omitted <==

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; (3) created from non-livable space of a multifamily dwelling; or (4) contained within the existing space of an accessory structure (as defined herein).

==> picture [216 x 92] intentionally omitted <==

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.

"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.

"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.

"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.

"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; Ord. No. 2291, § 3, 2-7-2023; Ord. No. 2293, § 1(Exh. B), 5-2-2023; Ord. No. 2299, § 3, 11-7-2023)

Chapter 21.24 - INCLUSIONARY HOUSING ORDINANCE[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 2318, § 1(Exh. A), adopted Sep. 3, 2024, repealed the former Ch. 21.24, §§ 21.24.010—21.24.100, and enacted a new Ch. 21.24 as set out herein. The former Ch. 21.24 pertained to similar subject matter and derived from Ord. 2074, Att. 3 (part), adopted 2006; Ord. No. 2206, § 14, adopted Aug. 2, 2016; Ord. No. 2252, § 20, adopted Nov. 19, 2019; Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023.

A.

The purpose of this Chapter is to enhance the public welfare by establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels within the City of Campbell, meet the City's regional share of housing needs, and implement the goals and objectives of the General Plan and Housing Element.

B.

The City Council desires to encourage the development of inclusionary units to be located upon the same site as market rate residential development to provide for integration of lower income households with households in market rate neighborhoods and to disperse Inclusionary Units throughout the City where new residential development occurs.

C.

The City's Housing Element recognizes that affordable housing is a critical component to the City's economic and social health. Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels within the City of Campbell is consistent with and will implement the City's Housing goals, policies, and programs for Affordable Housing which include, but are not limited to, the following:

1.

Goal 1: Improve Housing Affordability in Campbell - Encourage the Production of Affordable Housing; and

2.

Program H-1a (Inclusionary Housing Ordinance Implementation).

D.

Providing affordable housing for new employees in lower income jobs locally (rather than leaving those employees to obtain housing in lower cost areas far from Campbell employment centers and transit corridors) helps minimize housing's contribution to greenhouse gas emissions and locating housing to reduce vehicle miles traveled and auto dependency. If the increased demand for affordable housing is not addressed within Campbell it will cause such housing to be built elsewhere, in areas with lower land values that are far from city employment centers and transit corridors, and the resulting commuting will cause increased traffic and transit demands and consequent noise and air pollution.

E.

If the increased demand for affordable housing is not addressed within Campbell it may also impact economic growth in that businesses within the city may find it more difficult to attract and retain the variety of workers that they need.

F.

Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels also implements policies of the State of California to: (1) provide sufficient capacity for new housing affordable at all income levels necessary to accommodate the State's future economic growth; and (2) by providing housing for lower income workers, long commutes from less expensive housing markets can be avoided and thus contribute to the implementing the Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2008.

G.

State housing policy requires the City to assist in the development of adequate housing to meet the needs of lower income households. There is a significant shortage of housing affordable to lower income households, which will only increase as the finite number of residentially zoned parcels within the city are purchased and developed for market rate residential developments. This loss of residential land available for affordable housing is another impact of market rate residential development.

H.

The requirements of this Chapter are based on a number of factors including, but not limited to, the City's long-standing commitment to economic diversity; the serious need for affordable housing as reflected in local and State housing laws, regulations, and policies; the demand for affordable housing created by the development of market rate housing; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels that are reasonably related to the burdens created by new market-rate development on the City's need for affordable housing will contribute to addressing impacts and fulfilling goals of the City and State of California.

I.

The City also desires to provide the residential development community with alternatives to construction of the inclusionary units on the same site as the market rate residential development. Therefore, Section 21.24.070 (Alternatives) includes a menu of options from which an applicant may elect, in lieu of building affordable units within a residential project. Nothing in this Chapter shall deem or be used to deem the compliance options in Section 21.24.070 (Alternatives), including, but not limited to, the in lieu housing fee authorized pursuant to Section 21.24.70.C., as an ad hoc exaction, as a mandated fee required as a condition to developing property, or as a fee subject to the analysis in Building Industry Association of Central California v. City of Patterson (5th Dist. 2009) 171 Cal. App. 4th 886.

J.

The City has prepared a Nexus Study which shows that there is a reasonable relationship between the purpose for which the in-lieu housing fees established by this Chapter are to be used and the type of development projects on which the fees are imposed, and between the need for affordable housing and market-rate development and between the amount of the fees and the cost of the affordable housing units or portion of the units attributable to the development on which the fees are imposed. The Nexus Study complies with the requirements of California Government Code section 66001(A)(4) by establishing the reasonable relationship between the need for affordable housing and the development of market-rate housing.

K.

It is the intent of the City that the in-lieu housing fee established by this Chapter shall be supplementary to any conditions imposed upon a market-rate housing project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, and other State and local laws, which may authorize the imposition of project specific conditions on development.

L.

High housing costs relative to income can contribute to overcrowding which has been found to contribute to impacts to public health, safety, and welfare according to the U.S. Department of Housing and Urban Development's 2007 report on "Measuring Overcrowding in Housing" and the Center for Disease Control's 2020 publication on "Health Effects of Housing.

M.

The requirements of this Chapter are adopted pursuant to the City's police power authority to protect the public health, safety, and welfare. The requirements of this section are consistent with Housing Element goals related to protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

This chapter shall not apply to rental projects or for-sale projects that are developed in accordance with, and subject to, a recorded governmental agency deed restriction or regulatory agreement that imposes affordable rent, occupancy, and eligibility restrictions or affordable ownership cost and sale price

restrictions with associated eligibility and occupancy restrictions on all residential units in the development, except for manager's units. Such deed restriction or regulatory agreement must be recorded against the property, be binding on successors in interest for at least the same duration as required by this chapter, and be executed by the property owner and any of the following entities or agencies: the City of Campbell, the County of Santa Clara, the California Tax Credit Allocation Committee, the issuer of tax-exempt bonds used to finance the residential development, the California Department of Housing and Community Development or any other State of California agency, and the U.S. Department of Housing and Urban Development or any other federal agency.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

21.24.030 - Definitions.

As used in this chapter, the following terms shall have the meanings set forth below:

"Appliances" means refrigerators, stovetops, ranges, microwaves, air conditioners, furnaces, heat pumps, electric vehicle chargers, whole house fans, and battery storage systems.

"Affordable ownership cost" means average monthly housing costs during the first calendar year of a household's occupancy, as determined by the city, including mortgage payments, loan insurance fees, if any, property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance and homeowners association dues, if any, that is affordable to a low- or moderate-income household, or at even lower levels of affordability, adjusted for household size.

"Affordable rent" means monthly rent, including utilities and all fees for housing services, which do not exceed thirty percent of the gross monthly income adjusted for household size.

"Affordable unit(s)" means one or more living units which are required under this chapter to be rented at affordable rents or available at an affordable housing cost to specified households.

"Applicant" means a person or entity who applies for a residential project and, if the applicant does not own the property on which the residential project is proposed, also means the owner or owners of the property.

"Area median income" means area median income for Santa Clara County as published pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision).

"Construction cost index" means the California Construction Cost Index (CCCI) published by the California Department of General Services, Real Estate Service Division. If that index ceases to exist, the community development director shall substitute another construction cost index which in his or her judgment is as nearly equivalent to the original index as possible.

"Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. "Development project" does not include any ministerial projects proposed to be carried out or approved by public agencies.

"Eligible household" means a household whose household income does not exceed the maximum specified in Section 21.24.040 (General requirements.) of this chapter for a given affordable unit.

"Extremely low-income household" means a household whose household income does not exceed thirty percent of the area median income in Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

"First approval" means the first of the following approvals to occur with respect to a residential project: building permit, tentative parcel map, tentative subdivision map, conditional use permit, site and architectural review permit, or other discretionary city land use approval.

"For-sale project" means a residential project, or portion thereof, which is intended to be sold to owneroccupants upon completion.

"Household income" means the combined adjusted gross income for all adult persons living in a living unit as calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.

"Inclusionary housing agreement" means an agreement between the city and an applicant, governing how the applicant shall comply with this chapter.

"Livable area" means the total square footage of the interior of all dwelling units within a residential development that a tenant can occupy and use as measured from the interior face of the exterior walls. This area specifically includes all living spaces, kitchens and bathrooms, and usable closet and storage spaces within a dwelling unit. This definition specifically excludes common areas such as hallways, elevators, stairwells, mailrooms, multi-use rooms, indoor pool rooms, mechanical rooms, lobbies, parking areas, and areas shared with a non-residential use in a mixed-use development.

"Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities. For the purposes of this Chapter, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall not count as living units.

"Lower-income" means a household whose household income is less than eighty percent of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development.

"Low-income household" means a household whose household income is greater than fifty percent and does not exceed eighty percent of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

"Manager's unit" means a housing unit within a rental housing development that is designated for occupancy by a property manager or on-site staff responsible for the management and maintenance of the property.

"Market rate unit" means a housing unit or the legal lot for such unit offered on the open market at the prevailing market rate for purchase or rental.

"Ministerial project" means a project for which the governmental agency's action involves only the application of fixed, objective standards or criteria, without personal judgement or discretion. Ministerial projects do not require discretionary approval by a public agency.

"Moderate-income household" means a household whose household income is greater than eighty percent and does not exceed one hundred twenty percent of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

"Nexus Study" means the fee study entitled: "Affordable Housing Nexus Study" prepared by BAE Urban Economics, dated July 15, 2024, approved by the City Council on August 20, 2024, and on file with the City Clerk.

"Rental project" means a residential project, or portion thereof, which is intended to be rented to tenants upon completion.

"Residential project" has two distinct meanings depending on the date of application submittal as follows:

1.

For a residential project submitted less than one-year after the effective date of this Chapter, "Residential project" means, any parcel map, subdivision map, conditional use permit, site and architectural review permit, building permit, or other city approval, which authorizes ten or more living units or residential lots, or living units and residential lots with ten or more in combination., exclusive of any proposed accessory dwelling units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction of ten or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: parcel map, subdivision map, or other discretionary city land use approvals, or building permits, or applications for such an approval or permits.

2.

For a residential project submitted one-year or more after of the effective date of this Chapter, "Residential project" means, any parcel map, subdivision map, conditional use permit, site and architectural review permit, building permit, or other city approval, which authorizes five or more living units or residential lots, or living units and residential lots with five or more in combination, exclusive of any proposed accessory dwelling units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: parcel map, subdivision map, or other discretionary city land use approvals, or building permits, or applications for such an approval or permits.

"Very low-income household" means a household whose household income is greater than thirty percent and does not exceed fifty percent of the area median income in Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

A.

Percentage requirement. At least fifteen percent of all units in a residential project shall be made available at affordable rents or affordable ownership cost as prescribed in this section and shall be approved and completed not later than the times prescribed in Section 21.24.050 (Time performance.), unless an alternative mode of compliance is approved as set forth in Section 21.24.070 (Alternatives.), of this chapter. When the percentage requirement results in a fraction of units, the owner of the property shall round fractional units as follows:

1.

For a residential project submitted less than one year after the effective date of this Chapter, the property owner shall construct the next higher whole number of affordable units where the fraction is 0.5 or greater and shall construct the next lower whole number of affordable units where the fraction of units is less than 0.5.

2.

For a residential project submitted one year or more after the effective date of this Chapter, for any fractions of units in residential projects the owner of the property shall construct the next higher whole number of affordable units.

B.

Provision of affordable units. Where affordable and market rate units are provided in a residential project, the affordable units, irrespective of income level, shall be indistinguishable, in terms of building materials, architectural features, lighting fixtures, type and number of appliances, and landscaping areas from other residential units in the residential project. Further, affordable units, irrespective of income level, shall have the same access to parking facilities, project amenities, and recreational areas as other residential units in the residential project.

C.

Location and distribution of affordable units. Where affordable and market rate units are provided in a residential project, the affordable units shall be distributed proportionally to the total units in the residential project, inclusive of any density bonus units, in terms of their assignment to rental and ownership units, and their placement in buildings, floors, and model types (accounting for floor plans, bedroom count, and unit sizes) where different buildings, floors, or model types are present in the residential project.

D.

For-sale projects. Affordable units which are constructed in for-sale projects for owner-occupancy shall be sold at affordable ownership cost to low-income households and moderate-income households. Of these affordable units in for-sale projects, forty percent of the required fifteen percent, or six percent of the total units in the residential project, shall be offered at affordable ownership costs exclusively to low-income households, provided that where this requirement for low-income units would result in a fraction of a lowincome unit, the number of low-income units shall be rounded up and the number of moderate-income units which need not be low- income units shall be rounded down. For determining compliance with the affordability requirements of this section, units provided at even lower income levels than those specified shall be found to satisfy the requirement. The sale price of units shall be based on the methodology established by, and on file with, the Community Development Department consistent with the requirements of this Chapter.

E.

Rental projects. The affordable units which are constructed in rental projects shall be offered for rent at affordable rents to low-income households and very low-income households. Of these affordable units in rental projects, forty percent of the required fifteen percent, or six percent of the total units in the residential project, shall be offered at affordable rents exclusively to very low- income households, provided that where this requirement for very low-income units would result in a fraction of a very low-income unit, the number of very low-income units shall be rounded up and the number of low-income units which need not be very low-income units shall be rounded down. For determining compliance with the affordability requirements of this section, units provided at even lower income levels than those specified shall be found to satisfy the requirement. The rental rates of units shall be based on the methodology established by, and on file with, the Community Development Department consistent with the requirements of this Chapter.

F.

Priority for rental or purchase of units. Preference in the rental or purchase of affordable units shall be given, first to income eligible lower income households of protected units displaced by demolition for any required replacement units as provided for by Section 66300.6 of the California Government Code, second (for up to ten percent of all affordable units subject to this chapter) to income eligible employees of the City of Campbell, third to income eligible existing Campbell residents, and fourth to income eligible persons employed within the city limits of the City of Campbell.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

A.

Application requirements. An application for first approval of a residential project will not be deemed complete until the applicant has submitted plans and proposals which demonstrate the manner in which the applicant proposes to meet the requirements of this chapter, including any plans for the construction of on-site units pursuant to Section 21.24.040 (General requirements.) of this chapter or the applicant's selection of an alternative mode of compliance pursuant to Section 21.24.070 (Alternatives.) of this chapter.

B.

Conditions. Conditions to carry out the purposes of this chapter shall be imposed on the first approval for a residential project. Additional conditions may be imposed on later city approvals or actions, including without limitation tentative parcel maps, tentative subdivision maps, conditional use permits, housing development permits, site and architectural review permits, or building permits. The conditions of approval included with the first approval of the residential project shall further provide that prior to the recordation of the parcel map or final map in the case of subdivisions and or prior to the issuance of building permits in the case of all other land use permits to which this chapter applies, the applicant shall enter into an inclusionary housing agreement acceptable to the community development director that contains specific requirements implementing the condition of approval including, but not limited to, as applicable, the number of affordable units, the level(s) of affordability, location and type of affordable units, timing of construction of affordable units in relation to the construction of the market rate units contained in the development, preferences given in selecting occupants, and amount of the in-lieu fee, if any. The inclusionary housing agreement may be amended by the parties, provided the amendment is consistent with the condition of approval imposed as part of the first approval and the then-existing city approvals. If such proposed amendment is minor or technical in nature, the community development director shall have authority to approve or disapprove the amendment on behalf of the city. If such proposed amendment makes a substantive or material change to the inclusionary housing agreement, such amendment shall be effective only if, following notice and hearing and such other procedures as may be required by law, approved by the city agency that gave the first approval on the project.

C.

No building permit shall be issued for any market rate unit until the applicant has obtained permits for affordable units sufficient to meet the requirements of Section 21.24.040 (General requirements.) of this chapter, or received approval of an alternative requirement of Section 21.24.070 (Alternatives.) of this chapter. No final inspection for occupancy for any market rate unit shall be completed until the applicant has constructed the affordable units required by Section 21.24.040 (General requirements.) of this chapter, or completed corresponding alternative performance under Section 21.24.070 (Alternatives.) of this chapter. The time requirements set forth in this subsection for issuance of building permits for market rate units and for final inspections for occupancy for market rate units may be modified to accommodate phasing

schedules, model variations, or other factors in a residential project, if the city determines this will provide greater public benefit and an inclusionary housing agreement acceptable to the community development director or the Community Development Director's designee pursuant to subsection B of this section so provides.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

21.24.060 - Continued affordability and city review of occupancy.

A.

Term of affordability—For-sale projects. A resale restriction, covenant, deed of trust and/or other documents acceptable to the community development director or the director's designee, shall be recorded against each affordable owner-occupied unit. These documents shall, in the case of affordable units which are initially sold, be for a term of forty-five years and shall be renewed at the change of each title for a period of forty-five years for a residential project submitted less than one- year from the effective date of this Chapter. For a residential project submitted one year or more after the effective date of this

Chapter, the term shall be fifty-five years and shall be renewed at the change of each title for a period of fifty-five years. The resale restriction, or other documents authorized by this subsection, and any change in the form of any such documents which materially alters any policy in the documents, shall be approved by the community development director or his or her designee prior to being executed with respect to any residential project.

B.

Term of affordability—Rental projects. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each unit/complex for residential projects containing affordable rental units. These documents shall, in the case of affordable units which are rented, be for a term of fifty-five years and shall be renewed at the change of each title for a period of fifty-five years. The regulatory agreement and other documents authorized by this subsection, shall run with the property and not be affected by the sale of the property or units in the project. The regulatory agreement and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the Community Development Director or his or her designee prior to being executed with respect to any residential project.

C.

Eligibility requirements. No household shall be permitted to begin occupancy of an affordable unit unless the city or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of affordable units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director or his or her designee.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

21.24.070 - Alternatives.

An applicant may elect, in lieu of building affordable units within a residential project, to satisfy the requirements of this chapter by one of the following alternative modes of compliance, provided that the applicant includes such election in its application for the first approval of the residential project and that the criteria stated in the relevant subsection below are satisfied.

A.

Off-site construction. Construct, or make possible construction by another developer of, units not physically contiguous to the market-rate units (or units that are physically contiguous to the market-rate units if the City determines this will provide greater public benefit and if an inclusionary housing agreement acceptable to the Community Development Director or his or her designee pursuant to Section 21.24.050(B) (Conditions.) of this chapter so provides) and equal or greater in number to the number of affordable units required under Section 21.24.040 (General requirements.) of this chapter. Off-site construction pursuant to this subsection shall be approved only if:

Approval has been secured for the off-site units not later than the time the residential project is approved and completion of the off-site units is secured by a requirement that final inspections for occupancy for the related market-rate units be completed after those for the affordable units, provided that the time requirements set forth in this subsection for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, financing requirements, or other factors in a residential project for the off-site units, if the City determines this will provide greater public benefit, and if an inclusionary housing agreement acceptable to the Community Development Director or his or her designee pursuant to Section 21.24.050(B) (Conditions.) of this chapter so provides;

2.

The off-site units will be greater in number, larger or affordable to households with lower incomes than would otherwise be required in Section 21.24.040 (General requirements.) of this chapter;

3.

Financing or a viable financing plan is in place for the off-site units;

4.

In the event the off-site units receive any public assistance, the developer of the residential project will contribute to the off-site units economic value equivalent to the value of making on-site units in the developer's residential project affordable; and

5.

The City may require that completion of off-site units shall be further secured by the developer's agreement to pay an in-lieu fee in the amount due under subsection D of this section in the event the off-site units are not timely completed.

B.

Land dedication. Dedicate without cost to the city, a lot or lots within or contiguous to the residential project, sufficient to accommodate at least the required affordable units for the residential project. An election to dedicate land in lieu of compliance with other provisions of this chapter shall be allowed only if:

1.

The value of the lot or lots to be dedicated is sufficient to make development of the otherwise required affordable units economically feasible, and financing or a viable financing plan is in place for at least the required number of affordable units; and

2.

The lot or lots are suitable for construction of affordable housing at a feasible cost, served by utilities, streets and other infrastructure, there are no hazardous material or other material constraints on development of affordable housing on the lot or lots, and land use approvals have been obtained as necessary for the development of the affordable units on the lot or lots.

C.

In-lieu housing fee. The applicant of a residential project submitted one-year or more after the effective date of this Chapter may elect to pay an in-lieu housing fee, in accordance with Section 21.24.080 (Establishment and use of in-lieu housing fees), instead of developing the affordable units required in Section 21.24.040 (General requirements.) of this chapter, pursuant to the requirements set forth below:

1.

Projects with five or six units: The applicant may pay an in-lieu housing fee to satisfy any fractional affordable unit obligation (i.e., 0.75 or 0.9 units) rather than constructing the next higher whole number of affordable units.

2.

Projects with seven or more units: The applicant may pay an in-lieu housing fee to satisfy any fractional affordable unit obligation less than 0.5 rather than constructing the next higher whole number of affordable units. Nothing contained in this section shall alleviate the applicant from developing the remainder of the affordable units required by Section 21.24.040 (General requirements) or allow for payment of an in-lieu housing fee in situations where the fractional obligation is 0.5 or greater. In-lieu fees shall be calculated based on the fee schedule:

a.

In effect at the time the fee is paid for a ministerial project application;

b.

The date an application was deemed complete for a development project application; or

c.

The date the complete preliminary application was submitted for a project submitted pursuant to California Government Code Section 65941.1.

If a permit meets more than one of the above criteria, the fee shall be based on the fee schedule in effect on the date that results in the lowest fee from the list above.

In-lieu fees shall be paid prior to issuance of building permits. If building permits are issued for only part of a residential project, the fee amount shall be based only on the number of units then permitted.

D.

Substitution of units. The applicant may elect to provide additional affordable units, instead of developing the affordable units required in Section 21.24.040 (General requirements.) of this chapter, as set forth below:

Very Low-Income Units: The applicant may substitute required very low-income housing units at a ratio of one to two for low-income units or at a ratio of one to four for moderate income units.

2.

Low-Income Units: The applicant may substitute required low-income housing units at a ratio of one to two for moderate income units.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

21.24.080 - Establishment and use of in-lieu housing fees.

A.

Initial in-lieu housing fee. The initial in-lieu housing fee shall be set by City Council resolution based on an affordable housing analysis or nexus study which supports the initial fee rate and fee calculation method established in this Section.

B.

Fee calculation method. The fee shall be calculated as follows:

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C.

Fee adjustments. The initial fee established, in accordance with Section 21.24.080.A. (Initial in- lieu housing fee.), shall be adjusted annually on July 1, based on the percentage change in the construction cost index from the previous year.

D.

All in-lieu fees collected under this chapter shall be deposited into a separate account to be designated the City of Campbell housing trust fund.

E.

The in-lieu fees collected under this chapter and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the city through acquisition, construction, development assistance, rehabilitation, financing, rent subsidies or other methods, and for costs of administering programs which serve those ends. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the city and which is not adequately supplied in the city by private housing development in the absence of public assistance.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

Notwithstanding any other provision of this chapter, the requirements of this chapter shall be waived, adjusted or reduced if the applicant shows that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitution or otherwise result in an unconstitutional application of this chapter. To receive a waiver, adjustment or reduction under this section, the applicant must file a written request together with the development application(s) when applying for a first approval for the residential project, and/or as part of any appeal which the City provides as part of the process for the first approval. The written request shall provide substantial evidence showing that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitution or otherwise result in an unconstitutional application of this Chapter. The City may assume that: (a) the applicant will provide the most economical inclusionary units feasible meeting the requirements of this Chapter; and (b) the applicant is likely to obtain housing subsidies when such funds are reasonably available. The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

21.24.100 - Enforcement.

A.

The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this Chapter.

B.

No permit, license, subdivision approval or map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until all requirements applicable to the residential project at such time pursuant to this Chapter have been satisfied.

C.

The City Attorney shall be authorized to enforce the provisions of this Chapter and all inclusionary housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on affordable units, by civil action and any other proceeding or method permitted by law.

D.

Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from the requirements of this Chapter.

E.

The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

A.

Purpose. This section serves to ensure that each development phase of a multi-phase development project contributes its fair share of affordable units and maintains consistency with the overall project's requirements.

B.

Required Affordable Units by Project Phase. Each phase of a development project must provide at least as many affordable units, by income level, as would be required if that phase, along with any previously completed project phase(s), were completed independently from the rest of the project.

C.

Building Permit Final. No development phase of a project shall receive a building permit final until all affordable units required by that phase of the project are completed.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

If any provision or clause of this Chapter or the application thereof is held to be invalid, such invalidity shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable.

(Ord. No. 2318, § 1(Exh. A), 9-3-2024)

Chapter 21.25 - TWO-UNIT HOUSING DEVELOPMENTS

This Chapter establishes exceptions from the Zoning Code and provides permit procedures for proposed housing developments allowed by Senate Bill No. 9 (2021), as codified in Government Code Section 65852.21. The provisions of this Chapter shall supersede any other provision to the contrary in the Zoning Code; all other provisions unaffected by this Chapter shall remain in effect. Urban lot splits permitted by Government Code Section 66411.7 are processed pursuant to Chapter 20.14 (Urban Lot Splits).

It is further established that nothing in this Chapter shall be construed as to require the physical

construction of two dwelling units that comprise a proposed housing development. However, to ensure that no proposed housing development or urban split would result in a specific, adverse impact upon the public health and safety or the physical environment that cannot be satisfactorily mitigated by feasible methods or measures, all applications submitted under this Chapter shall demonstrate construction, creation, and/or retention of two dwelling units on each parcel in compliance with the objective design, site development, and subdivision standards adopted herein.

(Ord. No. 2286, § 5, 8-16-2022)

This Chapter is applicable only to voluntary applications for proposed housing developments. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code. Development applications that do not satisfy the definitions for a proposed housing development shall not be subject to this Chapter. It is not the intent of this Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs) of a common interest development.

(Ord. No. 2286, § 5, 8-16-2022)

In addition to the terms defined by Section 21.72.020 (Definitions of specialized terms and phrases) and Section 21.23.120 (Definitions), the following terms shall have the following meanings as used in this Chapter. Where a conflict may exist, the definitions provided in this section shall prevail over any other definition.

"Acting in concert" means persons, as defined by Section 82047 of the Government Code as that section existed as of January 1, 2022, acting jointly to pursue development of real property whether or not pursuant to a written agreement and irrespective of individual financial interest.

"Addition" means any construction which increases the size of a building in terms of site coverage, height, length, width, or gross floor area.

"Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or change in the relative position of buildings on a site, or substantial change in appearances of any building.

"Building" means any structure having a roof supported by columns or walls and intended for any shelter, housing or enclosure of any individual, animal, process, equipment, goods, use, occupancy, or materials. When any portion of a structure is completely separated from every other portion of the structure by a masonry division or firewall without any window, door or other opening and the masonry division or firewall extends from the ground to the upper surface of the roof at every point, such portion shall be deemed to be a separate building.

"Construction of a new primary dwelling unit" means: (1) the erection or assembly of a new primary dwelling unit; (2) creation of a new primary dwelling unit from the floor area of an existing accessory structure or primary dwelling unit; and (3) the conversion of an existing accessory dwelling unit or junior accessory dwelling unit to a primary dwelling unit.

"Elevation," including "front elevation," "side elevation," "street-side elevation", and "rear elevation," means the wall(s) of a building that are oriented towards the front, side, street-side, and rear yards, respectively, formed by the required building setbacks, as illustrated by Figure 1-1, Figure 1-2, and Figure 1-3.

"Entry feature" means a structural element, which leads to a front door.

"Existing non-livable space(s)" and "portions of existing multifamily dwelling structures that are not used as livable space" as referenced in Section 21.23.050 (Special Provisions for Multi-family Residential Properties) and Section 65852.2(e)(1)(C) of the Government Code, respectively, refers to storage rooms, boiler rooms, passageways, attics, basements, garages, carports, and similar spaces that are located within or a part of existing multifamily dwelling structures that received a certificate of occupancy prior to January 1, 2022.

"Existing structure" means a lawfully constructed building that received final building permit clearance prior to January 1, 2022 and which has not been expanded on or after January 1, 2022.

"Lot types" means "corner lot," "interior lot," flag lot," "double frontage lot," "reversed corner lot," and "key lot" as depicted in Figure 1-1 (Lot Types and Yards), below. Also includes a "cul-de-sac lot" that is located along the curved terminus formed by the bulb of a cul-de-sac street, as depicted by Figure 1-2 (Cul-de-Sac Lots) and a "pie-shaped lot" where the side lot lines are approximately radial to the curve of the street upon which it fronts, as depicted in Figure 1-3 (Pie-Shaped Lot). Any other lot type not defined herein shall be considered an "irregular lot."

Figure 1-1 - Lot Types and Yards

==> picture [156 x 164] intentionally omitted <==

Figure 1-2 - Cul-de-Sac Lots

==> picture [144 x 155] intentionally omitted <==

Figure 1-3 - Pie-Shaped Lot

==> picture [132 x 135] intentionally omitted <==

==> picture [108 x 81] intentionally omitted <==

"Natural grade" means the average existing elevation of datum points located at each corner of a proposed primary dwelling unit, measured in feet above mean sea level (AMSL).

"Neighborhood plan" means both the San Tomas Area Neighborhood Plan and the Campbell Village Neighborhood Plan, as applicable.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards, and subject to Chapter 21.58 (Nonconforming Uses and Structures).

"Parcel" and "legal parcel" mean a single unit of land created by a partition or subdivision which, at the time of creation, complied with all procedural and substantive requirements of any applicable local, state or federal law.

"Proposed housing development" means an application proposing no more than two primary dwelling units on a single parcel located within a single-family residential zone as authorized by Section 65852.21 of the Government Code. This Chapter recognizes the following types of proposed housing developments. Any proposal not satisfying this definition shall not be considered a proposed housing development under this Chapter.

1.

Construction of two new primary dwelling units on either an existing parcel or a new parcel created from an urban lot split.

2.

Construction of one new primary dwelling unit and retention of one existing primary dwelling unit on either an existing parcel or a new parcel created from an urban lot split.

Retention of two lawful nonconforming primary dwelling units where one or both units are subject to a proposed addition or alteration on an existing parcel.

4.

Retention of two existing lawful nonconforming primary dwelling units on a new parcel created from an urban lot split.

5.

Construction of one new primary dwelling unit and one accessory dwelling unit (or junior accessory dwelling unit) on a new parcel created from an urban lot split.

6.

Retention of one existing primary dwelling unit and construction of one accessory dwelling unit (or junior accessory dwelling unit) on a new parcel created from an urban lot split.

"Public transportation" means a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

"Single-family residential zone" means an R-1 (Single-family) zoning district as specified by Chapter 21.08 (Residential zoning districts).

"Subdivision ordinance" means Title 20 of the Campbell Municipal Code.

"Urban lot split" means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two parcels, as authorized by Section 66411.7 of the Government Code.

"Yards" means the open space formed by the required building setbacks, as illustrated by Figure 1-1, Figure 1-2, and Figure 1-3.

"Zoning code" means Title 21 of the Campbell Municipal Code.

(Ord. No. 2286, § 5, 8-16-2022)

21.25.040 - General eligibility.

A proposed housing development may only be created on parcels satisfying all of the following general requirements:

A.

Zoning District. A parcel that is located within a single-family residential zone.

B.

Historic Property. A parcel that is not listed on the City of Campbell Historic Resource Inventory, as defined by Chapter 21.33 (Historic Preservation).

C.

Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Ordinance, as applicable at the time the parcel was created. The city engineer may require a certificate of compliance to verify conformance with this requirement.

D.

Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.

E.

Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred-year flood) on the official maps published by the Federal Emergency Management Agency unless a Letter of Map Revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 21.22 (Flood Damage Prevention) as determined by the floodplain administrator.

F.

Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

G.

Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(Ord. No. 2286, § 5, 8-16-2022)

The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Code or a neighborhood plan, as they pertain to a proposed housing development

under Government Code Section 65852.21. Proposed housing developments shall be constructed only in accordance with the following objective zoning standards, except as provided by Section 21.25.100 (Exceptions).

A.

Building Height/Number of Stories. The maximum building height and maximum number of stories shall be as specified by the applicable zoning district and/or a neighborhood plan. Building height shall be measured from finished grade except for properties subject to a neighborhood plan where maximum building height is measured from natural grade.

B.

Floor Area Ratio and Lot Coverage. The maximum floor area ratio and lot coverage shall be as specified by the applicable zoning district and/or a neighborhood plan.

C.

Grading. A change in elevation (AMSL) from natural grade shall be limited to the minimum extent necessary to ensure adequate drainage as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

D.

Minimum Living Area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1.

E.

Parking. One parking stall per primary dwelling unit shall be required, except for proposed housing developments located on parcels within one-half mile walking distance of either a public transportation stop or one block of a car share vehicle operating in accordance with California Vehicle Code Section 22507.1.

Parking stalls may either be uncovered or covered (garage or carport) in compliance with the development standards of the applicable zoning district and/or a neighborhood plan and Chapter 21.28 (Parking and Loading), except that uncovered parking spaces may encroach into a required front or side yard fronting on a public street within an existing or proposed driveway that satisfies the minimum stall dimensions for residential parking spaces (nine feet wide by twenty feet deep).

F.

Private Open Space. Each parcel shall maintain a minimum of seven hundred fifty square feet of private open space per primary dwelling unit, satisfying the requirements of Section 21.08.030, Table 2-3 (General Development Standards - R-1 Zoning District).

G.

Setbacks. Proposed housing developments shall be subject to the setback and building separation requirements specified by Table 1-1 (Setback Requirements), below:

Table 1-1 — Setback Requirements

Exceptions:

(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified in Section 21.18.040.B.1. (2) No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

(3) No interior side setback shall be required for proposed housing development units constructed as attached townhomes, provided that the structures meet building code safety standards and are sufficient to allow conveyance as a separate fee parcel.

(4) Except for primary dwellings constructed as a duplex or townhomes.

(Ord. No. 2286, § 5, 8-16-2022)

21.25.060 - Site development standards.

The following site development standards augment those standards provided in Chapter 21.18 (Site Development Standards), Chapter 21.28 (Parking and Loading), and Chapter 21.26 (Landscaping).

Proposed housing developments shall be constructed only in accordance with the following site development standards, except as provided by Section 21.25.100 (Exceptions).

A.

Air Conditioning Units. Air conditioning units and similar equipment such as generators, heating, and ventilation equipment shall be ground-mounted, screened from public view, and separated from property lines as required by Section 21.18.020 (Air conditioning units).

B.

Driveways. Driveways shall comply with the requirements of Section 21.28.090 (Driveways and site access), except that the following standards shall apply:

1.

Each driveway shall have a minimum width of eight feet up to a maximum width of eighteen feet;

2.

Each driveway shall be entirely paved with either concrete or pavers. All other surfacing materials, including but not limited to gravel, decomposed granite, and asphalt, are prohibited; and

3.

Only a single driveway curb-cut shall be permitted per parcel designed in accordance with the City's Standard Specifications and Details for Public Works Construction.

C.

Fencing. All new fencing shall comply with the requirements of Section 21.18.060 (Fences, walls, lattice and screens), except that fences shall be permitted up to seven feet in height, with or without lattice, where a six-foot tall fence would otherwise be permitted.

D.

Front Yard Paving. No more than fifty percent of the front-yard setback area shall be paved as specified by Section 21.18.070 (Front yard paving), except to allow a driveway with a width dimension not exceeding eight feet.

E.

Landscaping Requirement. Front and street-side yards shall be irrigated and landscaped with a combination of plantings, including natural turf, ornamental grasses, groundcovers, shrubs, and trees, consistent with Section 21.26.030 (General landscaping requirements for all zoning districts) and the California Model Water Efficient Landscape Ordinance (MWELO), pursuant to Section 21.26.030.F (Water efficient). Properties subject to the San Tomas Area Neighborhood Plan (STANP) shall provide one tree per 1,500 square feet of net lot area.

F.

Lighting. New exterior lighting fixtures shall be down-shielded and oriented away from adjacent properties consistent with Section 21.18.090 (Lighting design standards) and shall not emit more than one-half foot candle of illumination at interior-side or rear property lines.

G.

Stormwater Management. Stormwater runoff from impervious surfaces shall be directed to vegetated areas on the parcel and shall not drain onto adjacent parcels as specified by the Building Code, and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

H.

Water Meter(s) and Sewer Cleanout(s). New water meters and sewer cleanouts shall be installed on the parcel containing the units they serve. Existing meters and cleanouts located within the public right-of-way shall be relocated onto the parcel upon construction of a new primary dwelling unit.

(Ord. No. 2286, § 5, 8-16-2022)

The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a proposed housing development, except as provided by Section 21.25.100 (Exceptions). Existing features inconsistent with these standards may remain provided they are not altered or removed.

A.

Balconies/Decks. Rooftop terraces and decks are prohibited. Balconies shall only be permitted on the front elevation of a primary dwelling unit(s).

B.

Building Colors. Each new primary dwelling unit shall incorporate at least two colors (inclusive of trim) but not more than four colors. Paints shall be uniformly applied to wall surfaces and no more than one paint color may be applied per wall (not including the trim color). Additions to existing primary dwelling units shall incorporate the same building colors as the existing structure or otherwise comply with the requirements of this provision.

C.

Columns and Pillars. Exterior columns and/or pillars shall not exceed a height of fourteen feet or the plate height of the first-story, whichever is less.

D.

Finished Floor. The finished floor of the first-story shall not exceed 18-inches in height as measured from finished grade.

E.

Front Entryway. An entry feature framing a front door shall not exceed fourteen-feet in height as measured from finished grade.

F.

Front Doors. Front door openings shall not exceed a width of six feet or a height of nine feet. Front entry doors for duplex units in a side-by-side configuration shall be separated by a distance equal to half the linear length of the structure's front elevation.

G.

Front Porch. Porches shall have a minimum depth of five feet and a minimum width equal to thirty-three percent of the linear width of the front-facing wall.

H.

Front Step-back. Second-story wall(s) that front a public street shall be recessed by five feet from the firststory exterior walls, as measured wall to wall.

I.

Garages. Garages placed on the front elevation of a primary dwelling unit shall not exceed fifty percent of the linear extent of the front elevation.

J.

Garage Conversions. The creation of a primary dwelling unit from 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 existing primary dwelling unit, including the same wall cladding, building color(s), and window frames that remove any appearance that the structure was originally a garage.

K.

Plate Height. The plate height of each story for a new primary dwelling unit shall be limited to twelve feet as measured from finished floor. The plate height of an addition to an existing primary dwelling unit shall match the plate height of the existing structure.

L.

Roof Forms. For new primary dwelling units, roofs shall be limited to cross-hipped or hipped and valley forms with a minimum slope of 4:12 and a maximum slope of 8:12. Gabled and dormer elements are allowed, but all other roof forms are prohibited. Additions to existing primary dwelling units shall match the predominant roof form and roof pitch of the existing structure.

M.

Roof Materials. For new primary dwelling units, no more than two roofing materials shall be used, limited to asphalt composite shingles, photovoltaic shingles, standing seam metal, clay tile, concrete tile, and slate shingles. All other roofing materials are prohibited. Additions to existing primary dwelling units shall

incorporate the same roofing material as the existing structure or otherwise comply with the requirements of this provision.

N.

Stairways. A dwelling unit located entirely on a second story shall require a separate interior or exterior stairway. Enclosed stairways shall be included in the allowable floor area of the dwelling unit that it serves.

O.

Wall Materials. For new primary dwelling units, no more than two exterior wall materials shall be used, limited to stucco, horizontal or vertical fiber cement siding (in any profile), horizontal or vertical wood siding (in any profile), and horizontal or vertical engineered (composite) wood siding (in any profile). Stacked stone or brick veneer may be used as an accent material, limited to the lower half of the first story. Additions to existing primary dwelling units shall incorporate the same combination materials as the existing structure or otherwise comply with the requirements of this provision.

P.

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. All other second-story windows shall be limited to the minimum number and minimum size as necessary for egress purposes as required by the Building Code.

Q.

Utilities. Gas and electric meters and connections to gas and electric meters (i.e. connections to rooftop solar panels) shall be located on side walls adjacent to interior-side property lines.

(Ord. No. 2286, § 5, 8-16-2022)

The following requirements and restrictions apply to all proposed housing developments, inclusive of existing and new primary dwelling units, as applicable:

A.

Accessory Dwelling Units. In addition to the two primary dwelling units comprising a proposed housing development, accessory dwelling units may be allowed 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:

1.

Parcels with two single-family dwellings shall be permitted one accessory dwelling unit and one junior accessory dwelling unit;

Parcels with a duplex structure shall be permitted two detached accessory dwelling units. The accessory dwelling units may be connected to each other 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 21.25.050.A (Building height/number of stories);

3.

Creation of an interior accessory dwelling unit from an existing non-livable space shall only be permitted within an existing multifamily dwelling structure, as herein defined.

B.

Building and Fire Codes. Title 18 and Title 17 of the Campbell Municipal Code, incorporating the Building Code and Fire Code, respectively, apply to all proposed housing developments.

C.

Dwelling Unit Type. The primary dwelling unit(s) comprising a proposed housing development may take the form of detached single-family dwellings, attached townhomes, and/or duplexes. A duplex may consist of two dwelling units 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 21.25.050.A (Building height/number of stories).

D.

Encroachment Permits. Separate encroachment permits for the installation of utilities to serve a proposed housing development shall be required. Applicants shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.

E.

Park Impact Fee. A fee in-lieu of parkland dedication shall be paid in association with the creation of any new dwelling units in compliance with Chapter 13.08 (Park Impact Fees and Park Land Dedication Developments).

F.

Restrictions on Demolition. The proposed housing development shall not require demolition or alteration involving removal of more than twenty-five percent of the existing exterior structural walls, of any of the following types of housing structures:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

3.

Housing that has been occupied by a tenant in the last three years. This shall be evidenced by claiming of the Homeowners' Exemption on the Santa Clara County assessment roll.

G.

Short-Term Rentals. Leases for durations of less than thirty days, including short-term rentals are prohibited. The community development director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit.

H.

Subdivision and Sales. Except for the allowance for an urban lot split provided in Chapter 20.14 (Urban Lot Splits), no subdivision of land or air rights shall be allowed in association with a proposed housing development, including creation of a stock cooperative or similar common interest ownership arrangement. In no instance shall a single primary dwelling unit be sold or otherwise conveyed separate from the other primary dwelling unit.

(Ord. No. 2286, § 5, 8-16-2022; Ord. No. 2299, § 5, 11-7-2023)

Applications for proposed housing developments shall be submitted and processed in compliance with the following requirements:

A.

Application Type. Proposed housing developments shall be reviewed ministerially by the community development director through consideration of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). The permitting provisions of Chapter 21.42 (Site and Architectural Review) and by reference any neighborhood plan, shall not be applied.

B.

Application Filing. A zoning clearance application for a proposed housing development, including the required application materials and fees, shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing and Fees). A zoning clearance application may only be found complete if it satisfies the requirements of this Chapter.

C.

Building Permits. Issuance of a zoning clearance shall be required prior to issuance of building permit(s) for the new and/or modified dwelling units comprising the proposed housing development, consistent with Section 21.56.050 (Issuance of building permits).

D.

Approval Expiration. Approval of a Zoning Clearance shall expire twelve months of after issuance, as specified by Section 21.56.030 (Permit time limits and extensions), except when a proposed housing

development is comprised of two dwelling units. Approval of a zoning clearance for creation and/or alteration of two dwelling units shall incorporate two pre-approved phases pursuant to Section 21.56.030.A.3.b (Pre-approved phases), where each phase provides twelve months for the applicant to secure issuance of a building permit for each approved dwelling unit. Failure to secure issuance of a building permit for Phase 1 (first dwelling unit) shall result in the expiration of the zoning clearance. Failure to obtain a building permit for Phase 2 (second dwelling unit) within the successive twelve-month period shall result in the expiration of approval for Phase 2 without effect to Phase 1. Such partial expiration of the zoning clearance shall not preclude application for a new zoning clearance for the second dwelling unit nor result in a violation of this Title. An applicant may request an extension of the permit expiration date to any of the twelve-month approval periods pursuant to Section 21.56.030.C (Extensions of time).

E.

Denial. The community development director may deny a proposed housing development project only if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific,

adverse impact. Expiration of a zoning clearance application following a determination that the application is incomplete pursuant to Section 21.38.040.C (Expiration of application) shall not constitute a denial.

F.

Appeals. As specified by Chapter 21.62 (Appeals), zoning clearances are ministerial and are not subject to an appeal.

(Ord. No. 2286, § 5, 8-16-2022)

If any of the zoning, site development, or design review standards provided in this Chapter would have the effect of physically precluding construction of up to two primary dwelling units or physically preclude either of the two primary dwelling units from being at least eight hundred square feet in floor area, the community development director shall grant an exception to the applicable standard(s) to the minimum extent necessary as specified by this section. An exception request shall be explicitly made on the application for a zoning clearance for a proposed housing development.

A.

Determination. Exceptions shall be granted by the community development director according to the following order of priority (ordered from the most preferred to the least preferred) until the physical constraint to a proposed housing development is resolved, provided that if an exception does not remove a physical constraint, the exception shall not be granted.

1.

Elimination of the rear setback (for parcels with a rear property line abutting a non-residentially zoned property or roadway);

Elimination of the interior-side setback (for parcels with a side property line abutting a non-residentially zoned property or street);

3.

Reduction of the street-side setback to five feet;

4.

Reduction of the garage entry setback/minimum driveway depth to twenty feet;

5.

Increase to the maximum floor area ratio (FAR);

6.

Increase to the maximum lot coverage;

7.

Reduction to the minimum required private open space;

8.

Reduction of the front/rear building separation between structures to five-feet;

9.

Reduction or elimination of any other standard not otherwise identified.

B.

Remedy. Where a disagreement with the community development director's application of this section occurs, the procedures for an interpretation provided in Section 21.020.030 (Procedures for interpretations) shall be followed, including the provisions for an appeal.

(Ord. No. 2286, § 5, 8-16-2022)

Chapter 21.26 - LANDSCAPING REQUIREMENTS

This chapter provides standards for the provision of landscaping with development to achieve the following objectives:

A.

Enhance the aesthetic appearance of development throughout the city by providing standards related to the quality and functional aspects of landscaping;

B.

Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers;

C.

Provide for the conservation of water resources through the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and

D.

Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety.

(Ord. 2043 § 1 (part), 2004).

21.26.020 - Landscaping requirements for individual zoning districts.

The landscaping requirements for individual zoning districts shall be as follows:

A.

PO (Professional Office), NC (Neighborhood Commercial), PF (Public Facilities):

1.

All developments within the PO, NC, and PF zoning districts shall be required to provide for landscaping a minimum of twelve percent of the net site area.

2.

Continuous landscaped areas a minimum of ten-feet wide shall be required along the public street frontages of all developments, excluding driveways.

3.

A five-foot planter strip shall be provided along abutting property lines.

B.

GC (General Commercial):

1.

All developments within the GC zoning district shall be required to provide for landscaping a minimum extent of ten percent of the net site area.

2.

Continuous landscaped areas a minimum of ten-feet wide shall be required along the public street frontages of all developments, excluding driveways.

3.

A minimum five-foot planter strip shall be provided along abutting property lines.

4.

Where the frontage and perimeter landscaping requirement does not provide the minimum coverage of ten percent of the site area, additional landscaped areas in an amount which makes up the difference shall be provided.

C.

RD (Research and Development):

1.

All developments within the RD zoning district shall be required to provide landscaping a minimum extent of ten percent of the net site area.

2.

A minimum five-foot planter strip shall be provided along abutting property lines.

D.

LI (Light Industrial):

1.

All developments within the LI zoning district shall be required to provide for landscaping a minimum extent of eight percent of the net site area.

2.

Continuous landscape areas a minimum of ten feet wide shall be required along the public street frontages of all developments, excluding driveways.

3.

A minimum five-foot planter strip shall be provided along abutting property lines.

E.

MDR, MHDR, HDR (Multiple-Family Residential):

All developments within the MDR, MHDR, and HDR zoning districts shall be required to provide for landscaping a minimum of twenty percent of the net site area.

F.

GC/LI, PO-MU, NC-MU, MHD-MU, CB-MU, GC-MU, HD-MU, CC-MU, TO-MU (Mixed-Use):

1.

Except for projects subject to Chapter 21.07 (Multi-Family Development and Design Standards) all developments within the GC/LI, PO-MU, NC-MU, MHD-MU, CB-MU, GC-MU, HD-MU, CC-MU, TO-MU zoning districts shall be required to provide for landscaping a minimum of ten percent of the net site area.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.26.030 - General landscaping requirements for all zoning districts.

The standards contained in this section pertain to all properties except when otherwise provided for by a development agreement, overlay district, area plan, neighborhood plan, or specific plan.

A.

Expansion of use or structure. Whenever an existing use or structure is expanded, required landscaped areas shall be provided to the greatest extent feasible, including parking lot landscaping.

B.

Front yard areas. All required front yard areas in all zoning districts shall be landscaped, except driveway areas and pedestrian walkways.

C.

Minimum size. Trees shall be a minimum of fifteen-gallon size and shrubs shall be a minimum of five-gallon size.

D.

Planter areas. Planter areas adjacent to driveways or parking areas shall be protected by six-inch concrete curbs or other acceptable barriers, as approved by the community development director. Nonporous materials shall not be placed under plants or trees.

E.

Irrigation required. Landscaped areas shall be provided with a permanent automatic underground irrigation system, or other acceptable irrigation systems as approved by the community development director.

F.

Water efficient. Landscaping shall be consistent with Campbell's Water-Efficient Landscape Guidelines which are incorporated herein by reference and on file with the Community Development Department

G.

Mix of materials. Required landscaping shall consist of living vegetation consisting of turf, ground cover, shrubs, trees, and combinations thereof. Landscape areas may contain incidental ornamental materials including wood chips, rocks, boulders, and pavers used to create walkways, as well as furniture and water features, when comprising less than ten percent of a contiguous landscape area. Required landscaping shall consist of a variety of species and sizes.

H.

Street frontage. Landscape areas along street frontages shall be measured at right angles to the street and shall be exclusive of any parking overhang.

I.

Parking lot landscaping. Parking lot landscaping shall be required in compliance with Chapter 21.28 (Parking and Loading).

J.

Additional landscaping. If the required amount of frontage and/or perimeter landscaped areas is not enough to meet the minimum amount of landscaping required for the zoning district, additional landscaping shall be provided in other locations on the site.

K.

Retain mature trees. New development shall retain or incorporate existing mature trees and vegetation into the proposed site plan to the greatest extent feasible.

(Ord. 2043 § 1(part), 2004; Ord. No. 2225, § 12, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

All landscaped areas shall be continuously maintained. Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.

(Ord. 2043 § 1(part), 2004).

The planning commission shall have the authority to adjust the landscaping requirements of this chapter for a specific use at a specific location so as to require either a greater or lesser amount of landscaping when it determines that there are unique or special circumstances that warrant an adjustment. For all uses not specified in this section, landscaping shall be required as specified by the planning commission.

(Ord. 2043 § 1(part), 2004).

Chapter 21.28 - PARKING AND LOADING

This chapter is intended to ensure that adequate off-street parking and loading spaces are provided for each type of land use in a manner that will ensure their usefulness, support alternative transportation solutions, improve the urban form of the community, and protect the public safety.

(Ord. 2043 § 1(part), 2004).

(Ord. No. 2149, § 1(Exh. A), 6-7-2011)

Every use and structure, including a change or expansion of a use or structure shall have appropriately maintained parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.

(Ord. 2043 § 1(part), 2004).

21.28.030 - General parking and loading regulations.

A.

Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve.

B.

Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit or restrict authorized persons from using these spaces without prior approval of the community development director.

C.

Restriction of parking area use. Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this code.

D.

Change in use. When there is a change in use that would require additional parking spaces, the spaces shall be provided at the time of the change, in compliance with Subsection 21.28.040.D (Expansion/remodeling of structure, or change in use).

E.

Conformance. Uses that were in existence at the time of adoption of this chapter and that were in conformance with the provisions of this chapter at that time shall not become "nonconforming" solely

because the parking spaces provided do not meet the requirements of this chapter. However, if the use is enlarged or changed, parking spaces shall be provided as required in this chapter.

(Ord. 2043 § 1(part), 2004).

(Ord. No. 2149, § 1(Exh. A), 6-7-2011)

21.28.040 - Number of parking spaces required.

A.

Parking requirements by land use. Each land use shall be provided the number of parking spaces required by Table 3-1, (Parking Requirements by Land Use), except nonresidential land uses located within an overlay combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit).

B.

Expansion/remodeling of structure, or change in use.

1.

Except where a parking modification permit has been granted in compliance with Section 21.28.050, (Parking modification permit) or as provided for in Section 21.10.060.I.3, (Change in use),when the use of a structure changes to a use that requires the same, or fewer, number of parking spaces as the immediately previous use, the number of required parking spaces for the new use shall be the same as the requirement for the previous use, regardless of the number of spaces actually provided by the previous use provided that:

a.

The previous use was legally established; and

b.

No spaces were eliminated by the previous use except as provided for by this Chapter.

2.

When a legally established structure is enlarged or increased in capacity, or when a legally established use is changed to one that requires more off-street parking than the existing or previous use.

a.

Only the number of parking spaces required for the addition needs to be provided; or

b.

The difference in the required number of parking spaces for the new use and the existing use only needs to be provided.

3.

When a structure (or a portion of a structure) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter.

4.

Additional parking spaces shall not be required for an addition to a structure made solely for the purpose of increasing access for disabled persons.

C.

Uses not listed. Land uses not specifically listed by Subsection A, (Parking requirements by land use), above, shall provide parking as required by the community development director. The community development director shall use the requirements of Table 3-1 as a guide in determining the minimum number of parking spaces to be provided.

D.

Rounding of quantities. When calculating the number of parking spaces required, the parking demand of all uses sharing parking spaces shall first be totaled prior to rounding the resultant number to the nearest whole number.

E.

Company-owned vehicles. The number of parking spaces required by this chapter does not include spaces needed for the parking of company-owned vehicles. Parking spaces to accommodate company-owned vehicles shall be provided in excess of the requirements for a particular land use and shall be screened from view from the public right-of-way.

F.

Electric Vehicle Parking Spaces. Electrical vehicle charging spaces meeting the minimum size requirements of this Chapter shall count as at least one standard parking space and accessible charging spaces with an access aisle shall count as two standard parking spaces.

G.

Electric Vehicle Charging Station (EVCS). Notwithstanding anything in this Chapter to the contrary, the number of required parking spaces for existing uses shall be reduced by the amount necessary to accommodate one or more EVCS if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses.

H.

Accessible Parking and Access. Notwithstanding anything in this Chapter to the contrary, the number of required parking spaces for existing uses shall be reduced by the amount necessary to provide the minimum number and type of accessible parking spaces, and paths of travel, required by the California Building Code (CBC).

I.

Guest Parking Spaces. Where a minimum residential guest parking standard is not otherwise specified by this Chapter, a minimum of one onsite designated guest parking space for every ten onsite parking spaces provided shall be required. As set forth by this section, no additional onsite parking spaces shall be required to satisfy the guest parking requirement, nor shall guest parking be required when found to conflict with the minimum required assigned parking requirement provided in Section 21.28.040.J - Assignment of Parking Spaces.

J.

Assignment of Parking Spaces. Where onsite parking is provided on a property with residential units, parking spaces shall be assigned to onsite uses as follows:

1.

To residential units until a ratio of one assigned parking space per unit is satisfied; then

2.

To non-residential uses until the onsite parking requirements are satisfied; then

3.

As residential guest parking until the ratio specified in Section 21.28.040.I — Guest Parking Spaces has been satisfied.

Table 3-1

Parking Requirements by Land Use

(Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 20, 11-1-2016; Ord. No. 2216, §§ 11, 12, 12-12-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

21.28.045 - Reductions in the number of parking spaces required.

Reductions in the number of parking spaces required by Table 3-1 may be granted in compliance with this section.

A.

Projects located within one-half mile of public transit. As provided for by Government Code Section 65585, no vehicle parking spaces shall be required for any development project or use that is located within onehalf mile of a major transit stop as defined in Section 21155 of the Public Resources Code with the added clarification that bus routes traveling in the same direction, or with the same route id, or with bus stops

located more than one hundred fifty feet in distance from one another shall not be considered as major bus routes. A map showing eligible properties and/or areas shall be on file with the Community Development Department.

B.

Motorcycle parking. Developments that provide twenty or more parking spaces may substitute motorcycle parking for up to five spaces or ten percent of required vehicle parking, whichever is less. For every four motorcycle parking spaces provided, the vehicle parking requirement shall be reduced by one space. Motorcycle space dimensions shall be a minimum of four feet by six feet.

C.

Residential and Mixed-use development. Residential and mixed-use development projects with a residential component may reduce the number of parking spaces required by Table 3-1 as follows, provided that a minimum of one bundled (assigned) parking space per residential unit is always maintained:

1.

Shared Parking: Up to fifty percent percent of the guest parking spaces required for the residential component may be counted toward satisfying the parking required for the nonresidential component when provided as shared parking, in compliance with the following standards:

i.

Parking Management Plan. An application for a mixed-use project shall include a parking management plan that provides for the design, duration, oversight, and operation (e.g., hours of use, commercial land-use restrictions etc.) of shared parking spaces, prepared to the satisfaction of the decision-making body.

ii.

Location. Shared parking spaces shall be located in a manner that is accessible and convenient to both the commercial tenant spaces and residential units.

iii.

Signs. Shared parking spaces shall be posted with signs indicating their shared use and any applicable restrictions.

2.

Carshare Parking: A reduction of five residential parking spaces for every carshare parking space provided.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)