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)

(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)

(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)

(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)