Campbell looks to nix minimum lot size rules
Laws in Campbell over accessory dwelling units— formerly known as granny units— may become more lax as city officials are moving toward eliminating lot size requirements.
On June 5, the city council unanimously directed staff to review the current ordinance and look at removing the 10,000 square-foot minimum requirement to build an ADU. According to Daniel Fama, a senior planner with the city, Campbell’s minimum lot size requirement is much higher than neighboring cities. San Jose requires a minimum lot size of 5,455 square feet, while cities like Los Gatos and Cupertino have eliminated the lot size requirement entirely.
But Campbell’s push to build more housing may become obsolete if California lawmakers pass SB 831, which aims to prohibit the minimum lot size requirement and restricts rear and side setback Requirements, among other provisions.
According to Fama, the bill passed in the senate with a unanimous vote and is now in front of the assembly.
Councilman Jeffrey Cristina wanted to get ahead of the state law and have staff draft an ordinance that would mirror SB 831.
“What we’re talking about here isn’t about affordable housing, but it’s about creating more housing,” he said. “This is just one small piece of the puzzle.”
Councilwoman Elizabeth Gibbons audibly scoffed when Cristina said he hoped SB 831 would pass. Gibbons later explained that she thought the bill didn’t leave cities with, “any tools to create a balance.”
“We have insufficient housing,” she said. “I would go so far to say we have insufficient affordable housing. I’m making a distinction here.”
Gibbons’ point eventually ensued into debate over whether ADUs were even classified as truly affordable, as much of the discussion
around accessory units has been about making it easier for cities to meet the demand for affordable housing.
But according to Campbell’s Housing Element, the city doesn’t rely on ADUs to help meet its state-required Regional Housing Need Allocation numbers for below market-rate housing.
“They’re smaller units (so) they cost less,” Mayor Paul Resnikoff reasoned. “You can have affordability without it being a below market unit, just because people need to live somewhere.”
While the elimination of the minimum lot size requirement isn’t directly tied to making ADUs more affordable, the staff report noted that council could add in affordability incentives— like waiving building permit fees—into a revised ordinance.
But with the prospect that more ADUs could be popping up in Campbell should council eventually approve eliminating the minimum lot size, some of the council members were concerned about the impact of short term Air BnB rentals.
Councilwoman Susan Landry, who currently lives in an ADU, was concerned about non-owner occupancy and the impact it could have on the, “character of Campbell.” Over-parked neighborhood streets and dozens of people jammed into bunkbeds in an ADU were among her concerns.
To help relieve those concerns, she asked planning staff to review occupancy limits. Councilman Rich Waterman agreed with Landry about instituting limits, but he added that the council should act reasonably.
“To add a restroom on it to make an ADU so my mom, who’s 85-years-old can move in, is a huge amount of money to put a sewage line in there,” Waterman said about his family’s current plans.
“I can’t see that everyone’s going to turn around and suddenly throw ADUs in their backyard. I think we might be over-exaggerating the problem.”